Terms & Conditions for The TEND Technique
IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING THESE PROPRIETARY MATERIALS, INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH THE SYSTEM. BY ACCESSING OR USING THE ONLINE PORTAL, YOU ACKNOWLEDGE THAT:
A) YOU HAVE READ THIS AGREEMENT
B) YOU UNDERSTAND IT, AND
C) YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
This Agreement (“Agreement”) is a legal contract between Tend Task located in California, United States (“Tend Task and Client (collectively the “Parties”).
NOW, THEREFORE, the Parties agree as follows:
SECTION 1: Membership and Program Fees
1.1. Programs: Under the terms of this Agreement, Tend Task agrees to provide course instruction and coaching services to YOU in the form of Webinars, Audio and/or Visual, and online software.
IF YOU DO NOT AGREE, DO NOT UNDERSTAND, OR DO NOT ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE ANY OF TEND TASK’S PROPRIETARY MATERIALS, INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH TEND TASK AND CONTACT US IMMEDIATELY AT email@example.com.
1.1.2. Term: The Term of this Agreement will commence upon your acceptance of this Agreement and payment of the applicable Program Fee. You agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in the services.
1.1.3. Termination: Tend Task may terminate this Agreement at any time in its discretion upon notice to you. Paragraph 3.1 below shall survive termination of this Agreement, binding you to Confidentiality in perpetuity.
1.2. Program Fees: By accepting the terms of this Agreement, you agree and understand that you are committing to pay Tend Task either a one-time fee or 3 equal payments for access to The Tend Technique course and coaching system or any other course offered by Tend Task, including (but not limited to) the web application, group coaching calls, 1:1 coaching calls, guest interviews, and training. Payments must be made prior to the beginning of the program.
1.3. Promotional Material: Tend Task may request permission in writing to reproduce and/ or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, your experience participating in such Program(s), including any specific results experienced by you over the course of such participation. You further represent that any such statements or testimonials that you make shall be correct, accurate, and truthful.
1.4. Refunds: Tend Task offers a limited money back guarantee on unused coaching time and course content if you find the course and coaching program are not suitable for you. By accepting the terms of this Agreement, you agree and understand that you are entitled to request a refund of fees for time that has not been used in the program. Missed coaching sessions, or sessions that have not been cancelled within 24 hours do not qualify for a refund. Once you have requested and received a refund, you will lose access to all course content. Refund requests can be sent to firstname.lastname@example.org.
There are no refunds on courses that do not offer supplemental coaching support.
SECTION 2: NO WARRANTIES
2.1. Success Not Guaranteed: By accepting the terms of this Agreement, you agree and understand that Tend Task guarantees no specific results. You take full responsibility for your own success. Further, you acknowledge that everyone’s success results may look different, and are dependent on factors. Any examples or testimonials are not meant as a promise or guarantee of your own. In other words: we do not guarantee results, you are responsible for your own success.
2.2. Limited Liability: In no event will Tend Task be liable to you or any party related to you for any damages, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if Tend Task has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
2.3. Commitment to the Program. By accepting the terms of this Agreement, YOU commit and agree to faithfully execute all of the lessons, assignments, and course work in the Program(s) to the best of your ability. You further agree to attend ALL scheduled Q&A and coaching sessions included as part of the Program. You also acknowledge that creating results requires tremendous effort and you are prepared and committed to faithfully make that effort.
SECTION 3: Confidentiality
3.1. Confidentiality: Only authorized users, who have duly attained access to any Programs offered by Tend Task by personally agreeing to the terms of this Agreement are permitted use and participate with such Programs. Except as expressly authorized by this Agreement, you shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
3.2 Intellectual Property: You acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System are the sole Intellectual Property of Tend Task under United States copyright, trademark and other intellectual property laws and international treaties.
You further acknowledge and agree that, as between you and Tend Task, Tend Task and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, or any other intellectual property rights of Tend Task whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Tend Task uses in connection with services rendered by Tend Task are marks owned by Tend Task. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
SECTION 4: Miscellaneous
4.1. Non-transferability: The rights and obligations under this Agreement are personal to you. You may not assign or transfer any rights or obligations under this Agreement.
4.2. Indemnification: You will, at your own expense, defend, indemnify, and hold Tend Task, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between you and Tend Task concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding you may have had with Tend Task relating to the Program, whether oral or written.
4.4. Amendment: Tend Task reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement inside the online portal and notifying you.
4.5. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States and Santa Barbara, California. The venue for any dispute shall be in Santa Barbara, California
4.6. Attorneys’ Fees and Legal Expenses. If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party’s costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered.
BY PURCHASING THIS PROGRAM, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, STRICT REFUND POLICY, AND CONFIDENTIALITY.