I AMM RETAIL RESILIENT LLC
TERMS OF ENROLLMENT FOR TRAINING PROGRAMS
Revised: January 2019
The following Policy governs your participation in the Program presented by I AMM Retail Resilient LLC (“Company”), doing business as “Retail Resilient,” or as a subscriber to our online membership portal. Please read this Policy carefully. By visiting and using the Program Portal / Membership Site, you agree that your use of our Site, participation in our Program, and use of Program materials is governed by the terms and conditions as set forth herein.
We are committed to providing all participants with a positive experience. Thus, COMPANY may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based or digital without refund or forgiveness of remaining payments if:
- you become disruptive or difficult to work with;
- you fail to follow the program guidelines; or,
- you impair the participation of our instructors or participants in our program(s).
Our Coaching Program (the “Program”) includes:
- a 6 months minimum commitment with no early termination; thereafter there is a 30-day cancellation policy upon written notice;
- 2 video calls per month, the Company is not responsible for client missing calls. Client and Company are responsible for communicating in advance if calls or meetings need to be rescheduled;
- Required homework in between sessions that Client must complete;
- Unlimited text and email support;
- Creation of web-based marketing materials (subject to license as described below.)
- Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual.
- All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available by Company or its designated facilitators, or any other source, oral or written, are for personal use in or in conjunction with this training Program only.
- Program content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Company or its designated agent.
- The information contained in Program material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.
- We assume no responsibility for errors or omissions that may appear in any Program materials.
- Usernames and passwords may not be shared with any third parties.
- Any violation of Company’s policies regarding content usage shall result in the immediate termination of your enrollment without refund.
- You are solely responsible for the monthly fees of any third-party software providers recommended by, or which are a component part of our Program including, Mailchimp, InfusionSoft, Zapier, Lead Pages, Word Press, Go Daddy, or any other providers used.
Privacy & Confidentiality:
We respect your privacy and insist that you respect the privacy of fellow Program participants. We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, “Confidential Information”) and require that you respect the same rights of fellow Program participants and of the Company. Thus, you agree:
- not to infringe any Program participants or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights;
- that any Confidential Information shared by Program participants or any representative of the Company is confidential and proprietary and belongs solely and exclusively to the participant who discloses it or the Company;
- not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions;
- that all materials and information provided to you by the Company are its confidential and proprietary intellectual property belong solely and exclusively to the Company, and may only be used by you as authorized by the Company;
- the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited;
- that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
While you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence.
It is a condition of your use of the Site and participation in the Program that you do not:
- Restrict or inhibit any other user from using and enjoying the Site.
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
- Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
- Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
Company may host Facebook groups, message boards, chats and other public forums. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. Company or its designated agents may remove or alter any user-created content at any time for any reason. Groups, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Company staff, Company’s outside contributors, or by users not connected with Company, some of whom may employ anonymous user names. Company expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants and do not reflect the opinions of Company or any of its subsidiaries or affiliates.
Company has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY. MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
Right to Use Name & Likeness:
If I decide to provide a testimonial or endorsement to Company:
- I hereby authorize and grant to Company, and its agents and assigns, an irrevocable license and permission to use my name, photograph, likeness, voice, testimonial and biographical material, in whole or in part, for publication or reproduction in any medium, including but not limited to television, radio, print media and the Internet, among others, for any purpose, including but not limited to public relations, education, advertising, marketing, training and research. My consent extends to such use without restriction or limitation as to time or geographic boundary.
- I hereby waive all rights I may have to any claims or demands for payment or royalties in connection with the use of any of such materials, regardless of the purpose of such use or publication, and regardless of whether a fee is charged or collected by Company for any product and/or service in connection with such use and publication. I also waive any right to inspect, review or approve any photograph, recording, or other written material at any time, and waive the right to approve the use and medium of publication determined by Company.
- I understand that Company owns all rights in and to any such photograph, recording or testimonial, including any copyright and/or trademark relating to such use.
All disputes arising under or concerning this Agreement are to be submitted to binding arbitration, in Philadelphia, Pennsylvania. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.