The following Terms and Conditions (the "Agreement") are entered into by and
between You ("Customer" or "You") and Powerdyn LLC ("Company", "We", or
"Us").
Program
The Company agrees to provide You with access to the Group Coaching Program
titled, "Pivot to Power Membership" ("Program"). As a condition of participating in
the Program, You agree to be bound by and to abide by all policies and procedures
set out in this Agreement, including those incorporated by reference.
Effective Date
This Agreement shall commence and be enforceable with respect to each Customer
upon the date that Customer initially registers for the Program.
Terms of Use and Privacy Policy
The Company’s Terms of Use and Privacy Policy are hereby incorporated by
reference into this Agreement. Except as modified by this Agreement, each of those
agreements and policies shall apply fully to You. In the event of a conflict between
any of those policies and this Agreement, this Agreement shall govern.
Fees
In consideration of Your access to the Program, You agree to make a single
payment of $997, which shall be due and payable before You will be granted access
to the Program.
Coupons & Other Discounts
From time to time, the Company may choose to offer coupons, run special
promotions, or otherwise put its products and programs on sale. If You purchase
using a coupon or during a promotion or other sale, You agree to pay the fees set
forth during the checkout process at the time of Your purchase. All other elements
of these Terms & Conditions shall apply to such purchases without change.
No Refunds
All sales are final, and the Company does not offer any money-back guarantees.
You recognize and agree that You shall not be entitled to a refund for any purchase
under any circumstances.
To the extent You are in a jurisdiction that has a legal cooling-off period, You
recognize that accessing the material in the Program will forfeit any rights You
might have under that cooling-off period.
Term Of The Program
Your access to the Program shall begin on the date of Your purchase and continue
for a period of one year (your “Program Termination Date”). Unless otherwise
noted in the Program Details below, the Company’s responsibilities to You shall
cease after Your Program Termination Date.
Program Details
As part of the Program, the Company shall provide the following to the Customer:
Access To Training Area – The Company shall maintain a Training Area that may
include lessons, forms, worksheets, checklists, and other information (the “Training
Area”). You shall have access to this Training Area during the duration of the
Program.
Access To Private Discussion Group – The Company shall maintain a Private Group
that You will have access to as a member of the Program. That Group provides a
forum for You to connect with other Program participants and to seek guidance
and support. Members of the Company will seek to interact with Program
participants in the group, but the Company does not make any guarantees about
participation by any of its employees, founders, or members in the Group. You are
required to abide by any and all rules posted in that Group. If You fail to abide by
those rules, You will forfeit Your right to participate in that Group. In the event You
lose Your right to participate in the Group as a result of rules violation, You shall not
receive a refund.
Group Coaching Sessions – As a member of the Program, You will have access to
monthly coaching calls. The Company shall provide You with details about how to
participate in these coaching calls.
One-On-One Calls With Coaches – Program participants are entitled to 0 calls with
coaches and/or consultants working for the Company. The Company shall provide
You with the ability to schedule these calls, but it is solely Your responsibility to
schedule the calls. If You fail to schedule one or more of Your calls during the
allowed time period, You shall forfeit that call. Similarly, You may not cancel or
reschedule a call unless You do so at least 72 hours in advance.
Discounts – As a Program participant, You shall be entitled to a discount of $997
towards other Pivot to Power Programs such as Mentorship and Strategic Focus.
Confidentiality
The Company respects the privacy of its customers and will not disclose any
information You provide except as set forth in this Agreement.
As a condition of participating in the Program, You hereby agree to respect the privacy
of other Program participants and to respect the Company’s confidential information.
Specifically, You shall not share any information provided by other Program
participants outside of the bounds of the Program unless You receive express
written permission from such other participants to share the information. Similarly,
the content of the Program contains the Company’s proprietary methods,
processes, forms, templates, and other information. You hereby agree not to share
the information provided to You in the Program with anyone other than the
Company, its owners and employees, and other Program participants.
Materials Provided By You During The Program
The Company does not claim ownership of the information or materials You may
provide during the Program (including feedback and suggestions) or post, upload,
input, or submit to any Website or our associated services (collectively
“Submissions”).
However, by posting, uploading, inputting, providing, or submitting Your
Submissions, You are granting the Company, our affiliated companies, and
necessary sub-licensees permission to include Your Submissions in the Program
going forward.
In other words, the Company has the right to include Your Submissions – including
any audio or video recordings of You participating in any sessions as part of the
Program – in the Program going forward.
No compensation will be paid with respect to the use of Your Submissions, as
provided herein. The Company is under no obligation to post or use any
Submissions You may provide and may remove any Submissions at any time in the
Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting Your Submissions, You
warrant and represent that You own or otherwise control all of the rights to Your
Submissions as described in this section including, without limitation, all the rights
necessary for You to provide, post, upload, input, or submit the Submissions.
Personal Responsibility
By participating in the Program, You accept personal responsibility for the results of
Your actions. You agree that the Company has not made any guarantees about the
results of taking any action, whether recommended in the Program or not. The
Company provides educational and informational resources that are intended to
help participants in the Program succeed. You nevertheless recognize that Your
ultimate success or failure will be the result of Your own efforts, Your particular
situation, and innumerable other circumstances beyond the control and/or
knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the
results obtained by others - whether clients of the Company or otherwise - applying
the principles included in the Program do not guarantee that You or any other
person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage You suffer as a result
of the use, or non-use, of the information available in the Program. You agree to
use judgment and conduct due diligence before taking any actions or implementing
any plans or policy suggested or recommended in the Program.
No Warranties
The Company makes no warranties regarding the performance or operation of the
Program, including any technological aspects of the Program. The Company further
makes no representations or warranties of any kind, express or implied, as to the
information, contents, materials, documents, programs, products, books, or
services included in or through the Program. To the fullest extent permissible under
the law, the Company disclaims all warranties, express or implied, including implied
warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve and do hereby absolve the Company of any and all liability or
loss that You or any person or entity associated with You may suffer or incur as a
result of use of the Program and/or any information and resources contained in the
Program. You agree that the Company shall not be liable to You for any type of
damages, including direct, indirect, special, incidental, equitable, or consequential
loss or damages for use of the Program.
The information, software, products, and service included or available through the
Program may include inaccuracies or typographical errors. Changes are periodically
added to the information in the Program. The Company and/or its suppliers may
make improvements and/or changes in the Program at any time.
The Company and/or its suppliers make no representations about the suitability,
reliability, availability, timeliness, and accuracy of the information, software,
products, services, and related graphics contained in the Program for any purpose.
To the maximum extent permitted by applicable law, all such information, software,
products, services, and related graphics are provided “as is” without warranty or
condition of any kind. The Company and/or its suppliers hereby disclaim all
warranties and conditions with regard to this information, software, products,
services, and related graphics, including all implied warranties or conditions of
merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company
and/or its suppliers be liable for any direct, indirect, punitive, incidental, special,
consequential damages or any damages whatsoever including, without limitation,
damages for loss of use, data, or profits arising out of or in any way connected with
the use or performance of the Program, with the delay or inability to use the
Program or related service, the provision of or failure to provide services, or for any
information, software, products, services, and related graphics obtained through
the Program, or otherwise arising out of the use of the Program, whether based on
contract, tort, negligence, strict liability, or otherwise, even if the Company or any of
its suppliers has been advised of the possibility of damages. Because some States
or other jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitations may not apply to You. If
You are dissatisfied with the Program or any portion of it, Your sole and exclusive
remedy is to discontinue using the Program.
Choice of Law & Choice of Forum
The Parties agree that this Agreement shall be construed under the laws of WY
regardless of any choice of law rules.
Each Party irrevocably and unconditionally agrees that any dispute arising under or
related to this Agreement shall be resolved exclusively through individual, non-class
arbitration to be held in Washington, DC under the rules of the American
Arbitration Association. Each Party irrevocably and unconditionally submits to the
exclusive jurisdiction of such arbitration and agrees to bring any such dispute only
in such forum. Each Party agrees that a final judgment by such arbitration is
conclusive and may be enforced in other jurisdictions by suit on the judgment or in
any other manner provided by law.
Fee Shifting
The Parties agree that the prevailing Party in any action relating to or arising out of
this Agreement will be awarded its reasonable attorneys’ fees and costs incurred as
a result of such a proceeding.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate Your access to
the Program and the related services or any portion thereof at any time, if You
become disruptive to the Company or other Program participants, if You fail to
follow the Program guidelines, or if You otherwise violate this Agreement. You shall
not be entitled to a refund of any portion of the fees and shall not be excused from
any remaining payments under a payment plan in the event of such termination.
Miscellaneous Clauses
The Parties further agree:
Entire Agreement. This Agreement constitutes the sole and entire agreement of the
Parties with respect to the subject matter contained herein, and supersedes all
prior and contemporaneous understandings, agreements, representations and
warranties, both written and oral, regarding such subject matter.
Amendments. No amendment to or modification of this Agreement is effective
unless it is in writing and signed by each Party.
Severability. If any term or provision of this Agreement is found by a court of
competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction,
such invalidity, illegality or unenforceability shall not affect any other term or
provision of this Agreement or invalidate or render unenforceable such term or
provision in any other jurisdiction.
Waiver. No waiver by any Party of any of the provisions of this Agreement shall be
effective unless explicitly set forth in writing and signed by the Party so waiving.
Except as otherwise set forth in this Agreement, no failure to exercise, or delay in
exercising, any right, remedy, power or privilege arising from this Agreement shall
operate or be construed as a waiver thereof, nor shall any single or partial exercise
of any right, remedy, power or privilege hereunder preclude any other or further
exercise thereof or the exercise of any other right, remedy, power or privilege.
Relationship of the Parties. The relationship between the Parties is that of
independent contractors. Nothing contained in this Agreement shall be construed
as creating any agency, partnership, joint venture or other form of joint enterprise,
employment or fiduciary relationship between the parties, and neither Party shall
have authority to contract for or bind the other party in any manner whatsoever.
No Third-Party Beneficiaries. This Agreement benefits solely the Parties to this
Agreement and their respective permitted successors and assigns and nothing in
this Agreement, express or implied, confers on any other Person any legal or
equitable right, benefit or remedy of any nature whatsoever under or by reason of
this Agreement.
Indemnification. Each Party (the “Indemnifying Party”) agrees to indemnify, defend,
and hold harmless the other Party, its officers, directors, employees, and agents for
any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees)
relating to or arising from the Indemnifying Party’s (i) breach or non-fulfillment of
any representation, warranty, or covenant in this Agreement, (ii) breach of this
Agreement, or (iii) grossly negligent behavior in connection with this Agreement.
Force Majeure. Neither Party shall be liable or responsible to the other, nor be
deemed to have defaulted or breached this Agreement, for any failure or delay in
fulfilling or performing any term of this Agreement when and to the extent such
failure or delay is caused by or results from acts or circumstances beyond the
reasonable control of that Party including, without limitation, acts of God, flood,
fire, earthquake, explosion, governmental actions, war, invasion or hostilities
(whether war is declared or not), terrorist threats or acts, riot, or other civil unrest,
national emergency, revolution, insurrection, epidemic and pandemic, lock-outs,
strikes or other labor disputes (whether or not relating to either Party's workforce),
or restraints or delays affecting carriers or inability or delay in obtaining supplies of
adequate or suitable materials, materials or telecommunication breakdown or
power outage. If the event in question continues for a continuous period in excess
of 15 days, either Party shall be entitled to give notice in writing to the other to
terminate this Agreement
