LAST UPDATED ON November 17, 2022
This Program Participation Agreement (“Agreement”) governs the terms and conditions for participation by the Participant, identified below (“Participant”), in the Mind-Reading Website Program (“Program”) created by Striped Dog Creative LLC, a New Jersey limited liability company (“Company”).
1. The Program
The Program is a six-module program to educate small business owners on how to create and launch a strategic website. The Program is a go-at-your-own-pace program that begins on the Program Start Date (“Program Start Date”). The Program Start Date is defined as the first day the Company provides Participant access to the Program.
2. Program Fee and Payment Schedule
a. Program Fee
The Fee for the Program is $997 if Participant pays in full at time of signing this Agreement or 3 monthly payments of $375 per month (total of $1,125) if Participant chooses the Payment Plan option (“Program Fee”). The Program Fee includes:
Access to online portal of trainings and templates;
Once per week online Q&A calls;
Access to private Facebook group for Program participants.
b. For Participants Paying in Full
Within three (3) calendar days of being notified by Company of acceptance into the Program, Participant must pay the Program Fee of $997. Failure to pay the Program Fee by the foregoing deadline will result in Participant forfeiting his/her admission into the Program.
c. For Participants Selecting the Payment Plan
Within three (3) calendar days of being notified by Company of acceptance into the Program, Participant must make an Initial Payment of $375 to the Company (“Initial Payment”). Failure to pay the Initial Payment by the foregoing deadline will result in Participant forfeiting his/her admission into the Program. The remaining balance of $750 must be paid within two (2) months of paying the Initial Payment to the Company. Participant authorizes Company to automatically charge the credit card on file for any and all Program Fee balances owed and agrees to keep this information current with the Company. If any payment is insufficient or declined for any reason, Company may remove Participant from the Program and shall have no liability in that regard. Participant agrees to pay all of their payments if they choose the payment plan.
There are no refunds for this Program since all of the content is available immediately upon sign-up.
4. Participant’s Conduct
Participant assumes all risk and/or liability that may arise or be incurred while participating in this Program.
Participant agrees to conduct themselves in a dignified and professional manner and shall not engage in any activity that is detrimental to the health, safety and welfare of other Program participants and attendees. Participant acknowledges and agrees that Company reserves the right to remove Participant from the Program, without reimbursement or relief from payment obligations, if Company, in its sole discretion, determines that Participant’s behavior creates a disruption or hinders the Program or the enjoyment of the Program by other participants.
The Program may only be accessed by the Participant - the individual who is the customer on record with the Company. The Program, including any usernames, passwords, discount codes, content, materials, other resources may only be used by Participant as permitted herein and may not be sold or distributed without the Company’s express written consent.
Participant understands that given the group format of this Program, information provided or shared with the Company or other participants, whether in the form of comments, discussions in Program related forums, coaching calls, webcasts, or otherwise are not confidential.
Participant will have lifetime access to the content as long as Company keeps such content published and available for Participant to access. Participant acknowledges and agrees that Company may unpublish or restrict access to such content anytime in its sole discretion without refund to Participant.
Participant agrees that the Company may use any written statements, images, audio recordings or video recordings of Participant obtained while enrolled in the Program. This includes any content Participant may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Participant’s participation in the Program.
Participant waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Participant waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Participant, their
heirs, representatives, executors, administrators, or any other persons acting on Participant’s behalf or on behalf of the Participant’s estates have or may have by reason of this authorization.
8. Intellectual Property
All intellectual property rights in and to the Program, the Program content, and all materials distributed at or in connection with the Program are owned by the Company or the Company partners presenting during the course of the Program. Participant will not use or reproduce or allow anyone to use or reproduce such content or materials displayed, distributed or provided in connection with the Program for any reason
without the prior written permission of the Company. Participants will not use any of the Program content or materials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program for any purpose other than exercising rights expressly granted to Participant by this Agreement.
9. Disclaimer of Warranties
The Company gives no warranties with respect to any aspect of the Program or any materials related thereto or offered in connection with the Program and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability.
Participant accepts and agrees that they are fully responsible for their progress and results and that Company offers no representations, warranties or guarantees verbally or in writing regarding Participant’s future earnings, business profits, marketing performance, customer growth, or results of any kind. The Company does not guarantee that Participant will achieve any results using any of the ideas, tools, strategies or recommendations presented at the Program, and nothing in the Program is a promise or guarantee to Participant of such results. Any examples of income earned by others or testimonials about this Program are not meant as a promise or guarantee of Participant’s own earnings or success.
10. LIMITATIONS ON LIABILITY
COMPANY’S LIABILITY TO PARTICIPANT IS LIMITED TO THE AMOUNT OF FEES PAID TO COMPANY UNDER THIS AGREEMENT. COMPANY WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO PARTICIPANT OR ANY THIRD PARTIES FOR DAMAGES SUCH AS LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES.
11. Force Majeure
A party shall not be liable for any failure of or delay in the performance of this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. Upon occurrence of any force majeure event, the party relying upon this provision shall give written notice to the other party of its inability to perform or of delay in completing its obligations.
12. Governing Law; Venue; Dispute Resolution
This Agreement shall be governed by the laws of Union County, NJ and any disputes arising from it must be handled exclusively in the City of Summit, NJ. The Parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The Parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. If any legal action or other proceeding is brought for the enforcement of the Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
13. Entire Agreement; Waiver
This Agreement constitutes the entire agreement between Participant and the Company and supersedes all prior and contemporaneous agreements, representations, and understandings between the Parties. No waiver of any of the provisions of the Agreement by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.
14. Effect of Headings
The subject headings of the paragraphs of the Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If any term, provision, covenant, or condition of the Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.