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Terms & Conditions of Use: Programs & Content
PROCESSDRIVEN LLC | TERMS & CONDITIONS OF USE
Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any ProcessDriven LLC digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, or training, or enter any online private forums or membership sites operated by ProcessDriven LLC (for any purpose), whether on a website hosted by ProcessDriven LLC or a third-party website such as an online course platform, WordPress, or facebook.com, whether now known or unknown (collectively “the Programs”).
If you do not agree with these TOU, you may not use the Programs.
As used in these TOU, the term “Releasees” is defined to include the following: (i) ProcessDriven LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors, and assigns (collectively “the Company”); (ii) any Company volunteers; and (iii) Layla Pomper.
- The Programs
- You will receive as part of the ProcessDriven Membership:
- Access to the How to ClickUp Course for the duration of your ProcessDriven Membership;
- Access to ProcessDriven Foundations;
- Ability to join a private community forum on WordPress connecting you with others within the membership and the opportunity to obtain support and advice from the ProcessDriven team, subject to the Company’s schedule and availability;
- Access to monthly programming, including group calls and live trainings, subject to the Company’s schedule and availability;
- Access to learning materials, training, and content shared via the membership site.
- You will receive as part of the How to ClickUp Course:
- Lifetime access to the learning materials and content shared via the membership site;
- Access to live training (for up to four weeks), subject to the Company’s schedule and availability;
- Access to in-course private support forum.
The Company will schedule live events and content releases based on the Company’s schedule and availability. The Company may reschedule or cancel any trainings, livestreams, and calls if the Company determines that rescheduling or cancellation is necessary, in its sole discretion. You agree that you will not be entitled to a refund for the Programs if the Company cancels or reschedules a training, livestream and/or call.
If you wish to participate in another session of the Programs in the future or purchase any other products, programs or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.
These Programs are intended and only suitable for individuals aged eighteen (18) and above. Some of the content in these Programs may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of eighteen (18).
You agree to the following fees and payment schedule for the ProcessDriven Membership, if you enrolled in that program:
- ProcessDriven Membership Annual Pay-in-Full, Cancel at any Time: You agree to pay a one-time, immediate payment of $999, which is the annual total cost of your membership. Recurring annual payments will be charged to your card on the same day, each year after you join until you cancel (if, for example, you join on April 28, 2020, your card would be charged April 28, 2021, and so on). You can cancel at any time before the next year’s payment is charged, as outlined below in the Termination or Cancellation section of these TOU. In the event you do cancel, default or late payments will be due immediately.
- ProcessDriven Membership Quarter-to-Quarter Commitment, Cancel at any Time: Upon registering for this program, your first payment of $399 will be due, followed by quarterly payments of USD $399. The recurring quarterly payment of $399 will be charged to your card on the same calendar day each quarter until you cancel (if, for example, you join on April 12, your card will be charged again on July 12, October 12, and so on). You can cancel at any time before the next quarter’s payment is charged, as outlined below in the Termination or Cancellation section of these TOU. In the event you do cancel, default or late payments will be due immediately.
You agree to the following fees and payment schedule for the How to ClickUp Course, if you enrolled in that program:
- How to ClickUp Course One Time Pay-in-Full: You agree to pay a one-time, immediate payment of $75, which is the total cost of this program.
If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
If payment is not received when due, the Company reserves the right to terminate your access to the Programs and all Content, as defined below, immediately and permanently.
If you fail to make any payment in a timely manner or voluntarily withdraw from the Programs at any time or for any reason, you will remain fully responsible for the full cost of the Programs and all payments in any payment plan you have chosen. The Company reserves the right to charge a late fee on all balances more than thirty (30) days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
Your satisfaction with the Programs is important to us. To receive a refund of any Programs fee, you must cancel your participation in the Programs, by completing the form located on the membership site or you can submit a refund request via email at CX@processdriven.co, no later than fourteen (14) calendar days after payment of the Programs fee.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
If you receive a refund, that refund shall immediately terminate any and all licenses granted to you to use the material provided to you under this TOU. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, and other resources.
All refunds are discretionary as determined by the Company. To further clarify, we will not provide refunds for requests made after fourteen (14) calendar days from your date of purchase and all payments must be made on a timely basis.
Company reserves the right, in its sole discretion, to determine how to discipline a member who violates these TOU. Therefore, if a member disagrees with how the Company disciplines another member and requests a refund, the Company will deny such request.
Furthermore, if a member violates these TOU, the Company reserves the right, in its sole discretion, to offer the member another opportunity to abide by these TOU. If a member disagrees with the Company offering another member a second opportunity to follow these TOU, no grounds for a member to receive a refund would be created, and any request for a refund on this basis shall be denied.
If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these TOU, the Company may terminate your access and participation in the Programs without notice and without refund.
The Company may offer additional elements for a subgroup of members as part of the Programs, as further discussed in this TOU. The Company reserves the right, in its sole discretion, to extend the opportunity to participate in these additional elements to specific members of the Programs. If a member is denied participation in these additional elements, no grounds for a member to receive a refund would be created and any request for a refund on this basis will be denied.
Since we have a clear and explicit refund policy in these TOU that you have agreed to prior to completing the purchase of the Programs, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
- Intellectual Property Rights
- Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Programs, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
- The Company’s Limited License to You
If you view, purchase, or access any Programs or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Programs and Content for your own personal purposes or within your business only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party outside of the Program, or otherwise use any material from the Programs or Content for commercial purposes or in any way that earns you or any third-party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Programs or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Programs or Content shall constitute infringement.
If you enroll in the Company’s How to ClickUp Course, you are granted lifetime access to the learning materials you receive as part of that program for the life of that program only. This means you will have access to the learning materials, provided your account is in good standing for as long as the Company continues to host and provide access to the content you have purchased. You will not receive lifetime access to any live or recorded trainings or calls.
You will not receive lifetime access as part of the ProcessDriven Membership. If you upgrade to the ProcessDriven Membership from the How to ClickUp Course, you will forfeit your lifetime access to the learning materials of the How to ClickUp Course.
You must receive our written permission before using any of the Programs or Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Programs or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these TOU or any express written license, are reserved by us.
- Unauthorized Use
Your use of any materials found in the Programs or Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Programs in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damage charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
- Your License to the Company; Use in Testimonials and Marketing.
By posting or submitting any material during the Programs such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials, and you are at least eighteen (18) years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and are granting us the right to make it part of the Company’s current or future Programs and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Programs that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Programs, without compensation to you at any time, now or at any time in the future.
You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos, or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Programs or in our Content at any time for any reason.
This means you give the Company permission to use anything you submit or post in the Programs or any third-party forum or website operated by the Company, or anything captured by the Company during your participation in the Programs, including images in which your face is visible and recognizable.
- Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by sending an e-mail to email@example.com.
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Programs and Content.
- Your Conduct
The Company encourages its members to promote and share their products and services, and to ask one another for referrals and connections to grow businesses relationships, as long as this adds value to the membership community and/or helps the member that is seeking a solution. Therefore, you may pitch, promote, market, or share other products, groups, programs, or events to Programs members on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company, only if doing so will add value to the membership community.
In the event you pitch, promote, market, or share products and/or services outside of the limitations set out in this section, as determined by the Company in its sole discretion, then the Company reserves the right to terminate your access to the Programs and all Content immediately and permanently without refund.
Please choose carefully the materials that you upload to submit to or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.
You are responsible for any material that you upload, submit, or share and for any liability that may result. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory, or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
You are strictly forbidden from the following:
- Harassing, fighting with, or being disrespectful to other members
- Causing damage to any Company website or third-party forums operated by the Company
- Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent, or harmful purpose or activity
- Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
- Using any Company website or third-party forums operated by the Company to transmit, send, or deliver unsolicited communications or for other marketing or advertising purposes
- Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
- Using any Company website or private membership forum or third-party forums operated by Company, to take pictures and/or screenshots of comments, posts, pictures, materials, or any other content posted and/or shared by Company and/ or members without receiving their advance permission
- Sharing any private and proprietary information, screen shots, comments, posts, pictures, materials, or any other content posted and/or shared from other members with the public or with anyone who is not a member on or in any Company website, private membership or third-party forums operated by Company.
If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Programs and your access to the Content without refund.
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
- Community Guidelines
The Company has created a community that is a safe and judgment-free space for connection, conversation, learning, and growth. Within Company’s community is the baseline expectation that all members will treat one another with respect while bringing encouragement and consideration to all members.
The Company, in its sole discretion, may remove any member’s comments, posts, content or materials, however, Company does not have a duty to review all comments, posts, content and material shared within the Programs. Therefore, Company shall not be held liable for any member’s comments, actions, posts, content, or materials that result in another member’s trauma or discomfort.
The Company reserves the right to offer additional Programs elements from time to time, for any subgroup of members. These additional Programs elements are a bonus, not a part of the services included in the base membership of the Programs. The selection of the members who may participate in any additional Programs elements is at the sole discretion of the Company.
The Company may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. The Company’s Code of Conduct can be found at this link https://processdriven.co/code-of-conduct. You agree that you are bound by any additional rules, including the Company’s Code of Conduct, and they are expressly incorporated into these TOU.
Company is not legally bound to keep your information confidential
You may use a screen name or pseudonym instead of your actual name for your participation in the Programs and public posts on the Company website and in third-party forums operated by the Company.
You agree that the Company shall not be liable for the disclosure of any of your information by another Programs member. You agree to keep all information you learn about other Programs members, their businesses (including their intellectual property), or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.
The Company may record group calls and share them in the Programs, in whole or in part, on the Company’s website or social media networks, on third-party forums operated by the Company, or in the Company’s marketing and promotional materials.
You agree you will not share any recorded group calls or third-party forum postings outside the private member areas of the Company’s website, or any third-party forums operated by the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your access to the Programs and Content.
- Username and Password
9. Live or In-Person Events
If you participate in any live or in-person event as part of the Programs, you agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by the Company through its employees, representatives, or agents, and to abide by any decision of any Company staff or volunteers, or Company vendors or contractors, regarding your ability to safely participate in the Programs. You agree to exhibit appropriate behavior at all times and to obey all local, state, and federal civil and criminal laws while participating in the Programs. This includes, generally, respect for other people, equipment, facilities, or property. The Company may dismiss you, without refund, if your behavior endangers the safety of or negatively affects the Programs or any person, facility, or property.
You consent to medical care and transportation in order to obtain treatment in the event of injury to you as the Company, volunteers or medical professionals may deem appropriate. These TOU extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
If you choose to consume alcoholic beverages during any part of the Programs, you must do so responsibly and only if you are over the age of twenty-one (21).
The Company is not responsible for any personal item or property that is lost, damaged or stolen at or during the Programs.
10. Termination or Cancellation
The Company reserves the right in its sole discretion to refuse or terminate your access to the Programs and Content, in full or in part, at any time without notice. The Company may terminate your participation in the Programs at any time, without refund, if you breach any part of these TOU. In the event of cancellation or termination, you are no longer authorized to access the part of the Programs or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Programs and its Content will still apply now and in the future, even after termination by you or the Company.
If you would like to cancel your participation in the ProcessDriven Membership, you may cancel through the membership site or you can email the Company at contacting firstname.lastname@example.org and include the following:
Please cancel my membership.
[ENTER YOUR NAME]
You will continue to have access to the materials and Content of the ProcessDriven Membership until the end of the billing period for your membership, whether annual or quarterly, and the Company will not issue you a refund for any months remaining after your cancellation.
In the event you decide to cancel, any remaining, default, or late payments will be due immediately.
11. Personal Responsibility, Assumption of Risk, Release, Disclaimers
- You are voluntarily participating in the Programs and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.
- Your participation in the Programs does not establish a business advisor-client relationship of any kind between you, the Company, or anyone providing membership services on behalf of the Company.
- The Programs and Content provide information and education only, and do not provide any financial, legal, medical, or psychological services or advice. None of the Programs or Content prevents, cures, or treats any mental or medical condition. The Programs and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental, and emotional well-being, decisions, choices, actions, and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Programs.
- You acknowledge that, by engaging with the Company for the Programs, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Programs, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Programs.
- Earnings and Results Disclaimer: You agree that the Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Programs. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Programs, and you understand that results and earnings differ for each individual.
- Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products, or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them. The Company may provide you with affiliate links under which Company may be compensated monetarily.
- The Company is not responsible or liable for members of the Programs infringing on another member’s intellectual property, content, or materials.
- The Company tries to ensure that the availability and delivery of the Programs and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
- THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAMS AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAMS OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAMS, INCLUDING THEIR MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAMS.
You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties
not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Company are done at your own risk.
13. Legal Disputes
14. Users Outside United States
The Company controls and operates the Programs from offices in the United States. The Company does not represent that materials on the Programs are appropriate or available for use in other locations. People who choose to access the Programs from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Programs or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Programs or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
16. Force Majeure
The Company shall not be deemed in breach of this TOU if the Company is unable to complete or provide all of the Programs or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to Client of its inability to perform or of delay in completing or providing the Programs and shall propose revisions to the schedule for completion of the Programs or other accommodations or may terminate this TOU.
17. General Provisions.
The Company may modify the terms of this TOU at any time. All modifications shall be posted on the Company’s website and members shall be notified when accessing the membership site for the Programs. If any provision of this TOU is held invalid or unenforceable, the remainder of this TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This TOU supersedes all prior written and oral representations.
By clicking on the box when signing up for the program, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document, including the cancellation policy. You understand that your membership will renew automatically until you cancel. If you do not agree with these TOU, do not purchase or use the Programs or Content.
Terms & Conditions: Website
1. USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
BY VISITING AND/OR PURCHASING FROM https://processdriven.co/, YOU ARE CONSENTING TO THESE POSTED TERMS AND CONDITIONS.
This website is operated by ProcessDriven LLC dba ProcessDriven™. Throughout the site, the terms “we”, “us”, and “our” refer to ProcessDriven. ProcessDriven offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The term “user,” “you” and “your” refers to site visitors, customers, and any other users of the site.
Use of https://processdriven.co/, including all materials presented and all online services provided by ProcessDriven is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Any new products, resources, features, or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
2. ONLINE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state, jurisdiction, or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. Children under the age of 18 are prohibited from using the Site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site and/or Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You agree to not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of these Terms will result in an immediate termination of your Services.
3. GENERAL CONDITIONS
ProcessDriven and https://processdriven.co/ (“We”) reserve the right to refuse service to anyone for any reason at any time.
You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment and credit card information is always encrypted during transfer over networks.
You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of this Website, the Service provided, the Products provided, use of the Service/Products, or access to the Service/Products, or any contact on the website through which the service/products are provided, without express written permission by us.
We are not responsible if information made available on this site is not accurate, complete, updated, or current. The material on this site is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions, related to your business or otherwise, without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
You understand that the information presented in any course, resource, or program via this Site is not legal, financial, therapeutic, mental health, or medical advice and ProcessDriven is not a law firm. All of the information provided throughout the Program and Services, including the resources delivered via phone/video conference, e-mail, in the online forum, live events including webinars and video/audio recordings educating about business, laws, health, and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. You understand that ProcessDriven does not and will not provide any form of diagnosis.
4. ACCOUNT CREATION
In order to use the Service/Site, you may be required to provide information about yourself including your name, email address, username, password, and other personal information. You agree that any registration information you give to ProcessDriven will always be accurate, correct, and up to date. You agree to not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. In the event that your account is compromised, you agree to notify us in writing immediately and change your password. Any violation of these terms are grounds for removal and banishment from the site at our discretion.
5. LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is racist, unethical, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Doing so is grounds for termination of service, at our discretion.
Infringement Notification. ProcessDriven respects the rights of others and we expect users of our Sites and Services to do the same. This Agreement prohibits the infringement of the copyrights of others, and it is also ProcessDriven’s policy that ProcessDriven may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our online forum or Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email or regular mail to ProcessDriven by both of the following means:
- Email: email@example.com
- Address: PO Box 4131; Salt Lake City, Utah 84110; USA
In any such notice, please include sufficient information to address the items specified below:
- Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
- Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit ProcessDriven LLC to locate the material.
- Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing.
- Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
- Include details of your claim to the material, or your relationship to the material’s copyright holder.
- Provide your full name, address, and telephone number should we need to clarify your claim.
- Provide a working email address where we can contact you to confirm your claim.
- If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
- If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
- Sign the document, physically or electronically.
6. ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible: firstname.lastname@example.org
7. PRODUCT DESCRIPTION
We endeavor to describe and display the Site and Service as accurately as possible. While we try to be as clear as possible in explaining the content of our products, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
8. PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in the online store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
9. PERSONAL INFORMATION
10. OUR INTELLECTUAL PROPERTY
This Site and Service contain intellectual property owned by ProcessDriven LLC, including, but not limited to, trademarks, copyrights, proprietary information and other intellectual property as well as the ProcessDriven name, logo, all designs, text, graphics, digital products, other files, and the selection and arrangement of such. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works based on, distribute, display, reproduce, or perform, or in any way exploit in any format whatsoever any of the Site, Service Content, Course and Program Materials, or other intellectual property, in whole or in part without our prior express and written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
(a) ProcessDriven™, ProcessDriven LLC™, ProcessDriven Membership™ are trademarks exclusively owned by ProcessDriven LLC.
(b) No Resale of Services Permitted. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site and/or products purchased via the Site (including training materials), use of the purchased materials/products, or access to any course or products purchased. This agreement and all product(s) purchased are not transferrable or assignable without ProcessDriven’s prior written consent.
(c) You agree to not share access to the digital product(s) purchased or other proprietary materials with others. This includes parties that have not purchased the products, or any other third-party that ProcessDriven has not authorized access to.
11. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services and products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content provided) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
12. AFFILIATE LINKS
ProcessDriven may provide on its website or via email affiliate links under which ProcessDriven may benefit monetarily. ProcessDriven in no way guarantees the quality of product or service provided by any third-party and bears no liability with respect to such service or experience.
You agree to refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding ProcessDriven, or any of ProcessDriven’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. This provision in no way restricts your ability to communicate reviews or performance assessments about ProcessDriven’s goods or services.
14. LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, ProcessDriven LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD-PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF ProcessDriven LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ProcessDriven LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE PRODUCT/SERVICE YOU HAVE PURCHASED FROM ProcessDriven LLC AND/OR https://processdriven.co/ AND IF NO PURCHASE HAS BEEN MADE BY YOU, ProcessDriven LLC’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
16. CHANGES TO POSTED TERMS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
18. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and ProcessDriven LLC pertaining to this Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by ProcessDriven LLC shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by ProcessDriven LLC.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
- ProcessDriven LLC; PO BOX 4131; Salt Lake City, Utah USA 84110
- E-mail address: email@example.com
20. GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Utah as applied to contracts that are executed and performed entirely in Utah. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Salt Lake County, Utah. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the Parties may agree. 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.
21. RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties 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.
If any term, provision, covenant, or condition of this 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.
These Terms and Conditions bind and inure to the benefit of the Parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
Questions about these Terms and Conditions? Email us at firstname.lastname@example.org.
Terms & Conditions: Affiliate Program
Hi there—We are so excited for you to join our Affiliate Program! (the “Program”)
This Agreement explains how the Program works, how our Affiliates (“Affiliate(s)”; “Partner”; “You”) are paid commissions, what roles & responsibilities are in place (for you & for us!), and a couple of other important details. This Agreement is designed to answer any questions either of us may have, to help us all avoid misunderstandings or miscommunications, and to make sure this is the start of a beautiful relationship!
By entering into this Agreement, you affirm that you are at least eighteen (18) years old.
1. Our Affiliate Program.
Once you sign this Agreement, you will receive a welcome email with additional information & resources.
Purchases via Website
You will also be provided log-in credentials to the Affiliate Hub (“Affiliate Hub”) along with a unique affiliate link.
An “Affiliate Link” is defined as a hyperlink or URL which contains the Affilate’s ID with the intention of tracking referred traffic to the ProcessDriven website (https://www.processdriven.co/, the “Website”). When you, as an Affiliate, direct or send a prospective buyer to the Website via a correctly formatted Affiliate link and that visitor then purchases a product or service from our Company – the Affiliate will receive a twenty percent (20%) commission from our Company on the sale of that product or service (the “Commission”).
Need to Know:
- All Commission payouts are delivered via PayPal and in US Dollars and are deposited directly into the account you provide to us.
- We process payouts every thirty (30) days. You can reasonably expect to be paid Commissions within sixty (60) days of the customer/client’s purchase through your link or your personal referral, absent any extreme or out of the ordinary circumstances that may affect the payout process.
General Usage Rules:
- Please do NOT alter our branding; logo; offer, product, or service description
- You agree to not promote our products/services in any way that might be deemed unethical, or that defames or misrepresents ProcessDriven or our Affiliate Program
- Make clear to referred parties and the public that you are not an employee of ProcessDriven
If a customer disputes or is entitled to a refund at any time up to 14 days from the date of the sale, you understand that we will charge you back for that Commission.
Affiliate Hub Access
Once you start sharing your Affiliate link with others, you will be able to see the following information in the Affiliate Hub on the Statistics tab:
- Number of people who have clicked on your link
- Number of sales you’ve referred
- Paid & unpaid commissions (earnings)
For your latest sales/commission numbers, please check your Affiliate Hub.
This Agreement is effective immediately upon your signature and acceptance of this Agreement and shall continue until terminated as described in this section.
Termination. Both parties (You, as Affiliate, and Us, as ProcessDriven) to this Agreement reserve the right to terminate this Agreement. In the event of termination of this Agreement, all outstanding Commissions due to you will be payable, so long as the necessary refund period, if applicable, has passed.
If a refund or chargeback occurs within fourteen (14) days following termination, all amounts will be invoiced to you, as described in this Agreement, to be paid within 30 days of receipt.
If we terminate this Agreement due to breach by the Affiliate, Affiliate shall not be entitled to any outstanding Commission payments.
3. Your Responsibilities
Our Anti-Spam Policy. You, as an Affiliate, agree to wholly comply with all United States Federal CAN-SPAM Acts. We at ProcessDriven have a zero-tolerance policy towards spam (in the form of paper and/or electronic communications/email/etc.) or any Affiliate associated with spam. If, at our discretion, we establish that you are involved with spam in any way including creating, sending, or otherwise distributing spam we may immediately terminate your Program account and you will forfeit all Commissions pending.
Federal Trade Commission (FTC) Guidelines & Requirements. You agree to follow the FTC guidelines (click the link below to read and view the guidelines themselves).
Prohibited Actions. You, as an Affiliate, agree not to:
- Spam other individuals or companies using e-mail or other electronic communications or engage in any other illegal activity as it relates to the promotion of our products or services
- Attempt to purchase from ProcessDriven (https://www.processdriven.co/) using your own personal Affiliate link. To clarify, you, as an Affiliate, cannot register yourself as an Affiliate or earn commissions on your own purchases.
- Misrepresent ProcessDriven, ProcessDriven LLC or any of our other sites, properties, products, or services.
- Engage in any conduct that is likely to impair or cause damage to the operation of ProcessDriven or the ProcessDriven website whether by way of malicious code, harmful virus, corrupted file, or through use of any other software or program.
- Disparage ProcessDriven, ProcessDriven LLC, or any of our other sites, products, or services, the ProcessDriven website using negative language in any content or website copy.
Your Information. You are responsible for providing ProcessDriven with your correct contact & payment information at the time that you register for the Program. Your failure to provide us with correct contact information could result in the suspension of your account because we may be unable to contact you regarding important issues concerning the Program and your participation. If you provide us with incorrect information, payments may be delayed by up to 6 months to one year. If you become aware that we have been provided incorrect contact information or if your contact information changes, you agree to immediately notify us and provide the correct contact information.
All confidentiality and non-disclosure agreements survive the termination of the Affiliate relationship.
4. Our Policies
No Guarantee Regarding Your Commission Income. We make no income/commission/benefit//financial guarantees or claims, nor any guarantee of any kind regarding the income, potential or otherwise, that may be generated through your participation in the Program.
Email/Electronic Communications. E-mail is our preferred method of communication. Please understand that social media is not a reliable form of communication for purposes of this Agreement. You agree to receive email or other electronic communications from us. You also agree to receive all notices and disclosures from us via email. You are responsible for ensuring that your email address is not blocked or impaired in any way. Please ensure that our email address is flagged as safe and familiar in your email system. (Email address: email@example.com)
Warranties. We strive to ensure that our website and online platforms are error-free; we do not express or imply any warranty or other assurance as to the accuracy, completeness, timeliness, or fitness for any particular purpose of the material appearing on ProcessDriven.co or any of our other website properties beyond reasonable efforts to maintain the site. To the maximum extent permitted by law, we provide our websites, platforms, and related information and products/services on an “as is” basis without any express or implied warranties, representations, or guarantees of any kind.
5. Our Intellectual Property
Intellectual Property Ownership. You agree to never publish, reproduce, use, copy, modify, store, distribute, print, display, perform, or publish any of our Intellectual Property except as expressly provided in this Agreement or with prior written consent from ProcessDriven LLC.
We reserve all rights to our Intellectual Property (“IP”) assets, including but not limited to copyrights, trademarks, service marks, and other intellectual property rights that may exist in our platforms/websites including video clips, text, photos, illustrations, graphic design, audio, or source code, belonging to ProcessDriven, ProcessDriven LLC, or any of our other properties.
Modification and Display of IP. You understand that you are not permitted to make any changes to any of our Intellectual Property assets including, but not limited to, the images, logos, written copy found on our Site or social media platforms.
Permitted Use of IP. You may use the logos, videos, and images provided to you by us for purposes related to your participation in the Program only.
You agree to immediately remove or alter any public post on your platforms (website, social media profiles/pages, etc.) in the event that we make such a request in writing. (So long as the post is related to our Company or our products/services.)
6. Content Creation Terms
Tags & Hashtags. Affiliates should tag @processdriven.co whenever sharing our content and use the following hashtag in all posts: #ProcessDriven
Branding. We have a duty to protect the ProcessDriven brand. The following section presents our usage rules and branding guidelines to simplify what is permitted and acceptable when you promote ProcessDriven and/or any of our products/services. For questions about your use of our branded content and/materials, please contact us at firstname.lastname@example.org.
You are permitted to use our brand names and logos as described below, so long as you continually follow our usage and placement rules as detailed here:
- You agree to only use logos provided by ProcessDriven. Logos can be requested directly by emailing email@example.com
- You agree to never change the color of, or in any way recreate or alter our logos or other brand assets, including graphics.
- You agree to follow the content creation guidelines in the Affiliate Hub, regarding photo/video quality, background, etc.
- You agree to never engage in unethical, racist, discriminatory, or harmful language.
- You agree to always make it clear that you are a Third-Party, and in no way imply that you are employed by us.
- You agree to never imply or state that your website/blog is owned, operated, maintained, or otherwise directly associated with ProcessDriven (for example, by including a statement to that effect on your site or in social media posts).
Domain Names. You are not permitted to use any of our product, program, or brand names within a domain name.
Prohibited Platforms. You are not permitted to advertise/promote ProcessDriven or any of our other offers, products, or services on any sites or platforms that:
- Promote hate, racism, political candidates, tobacco/nicotine-products, sexually explicit material, illegal activities, and/or gambling;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Contain any violations of intellectual property rights other applicable laws.
Limitation of Liability. To the extent legally permitted, in no event shall ProcessDriven, or any of our other sites, properties, our affiliates, licensors, agents, or any of our or their directors, employees, or agents have any liability to you as an Affiliate for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not either party has been advised of the possibility of such damage.
Security. We strive to protect the security of your personal information and contact information, however, due to the nature of the internet and electronic communications generally, you acknowledge the risk of unauthorized access to (or alteration of) your transmissions or data or of the information contained on your computer system or on our websites. You understand that ProcessDriven LLC and ProcessDriven is not responsible or liable for any nature of any losses you may sustain because of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risks arising in relation to your use of this website and the Internet generally. You agree and understand that we are not responsible for any interference or damage to your own computer system which may arise in connection with your accessing of our websites or any outbound hyperlinks.
Indemnification. Your use of our websites and content is voluntary. You shall indemnify us against, holding all harmless from all claims and expenses (including reasonable legal and attorneys’ fees) arising from your use of our websites and content or your failure to maintain the confidentiality or security of your password or access rights.
Independent Contractor Relationship. You understand and agree that you are acting as an independent contractor when acting as an Affiliate. No employer-employee relationship, legal partnership, joint venture, or legal entity is created between the Parties to this Agreement.
Taxes & Benefits. You, as an Affiliate, will be responsible for filing your own tax returns and pay taxes in accordance with all provisions of applicable Federal and State law. ProcessDriven shall not be responsible for withholding taxes with respect to any commissions paid out to you. The relationship between Company and any Affiliate is not an employer-employee relationship. Affiliate shall have no claim against the Company for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
Modifications. We reserve the right to amend this Agreement as needed from time to time. You are bound by any changes made to this Agreement and your acceptance of any income through or due to the Program will be regarded as acceptance by you of any changes to this Agreement. We will inform you of any changes made to this Agreement via email to the email address provided by you to us.
Headings. Headings are included in this Agreement for convenience and shall not affect the construction of said Agreement.
Neutral Construction. This Agreement was prepared by Company. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because it was prepared by Company and/or its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.
Severability. Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected & will continue in full force and effect.
Confidentiality. You shall keep confidential the terms of this Agreement and any information associated with the Program subject to any disclosure required by law. This clause shall survive termination of this Agreement. You agree to use the information, materials, and communications provided by this Program ONLY for the sole purpose of selling and/or promoting the products sold on https://www.processdriven.co/.
Governing Law; Venue; Mediation. This Agreement shall be governed by the laws of the State of Utah as applied to contracts that are executed and performed entirely in Utah. The exclusive venue for any proceeding based on or arising out of this Agreement shall be Salt Lake County, Utah. The Parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, after a good faith effort to resolve such dispute amicably. Parties shall share in the costs of 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.
All rights reserved. All rights not expressly granted in this Agreement are reserved by Company.
Waiver. Any waiver by ProcessDriven LLC of a breach of or right under this Agreement will not constitute a waiver of any other or subsequent breach or right.
Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
PO Box 4131
Salt Lake City, Utah 84110
Questions about these Terms and Conditions? Email us at firstname.lastname@example.org.
PROCESSDRIVEN LLC | COACHING AGREEMENT
Please read this Coaching Agreement carefully. If you do not agree with this Coaching Agreement, you may not use the Services.
This Agreement (the “Agreement”) is entered into by and between ProcessDriven LLC (“Coach”) and yourself (“Client” ,“you” or “your”).
Coach agrees to provide Client with the following services (“Services”):
- (1) Coaching Session, delivered through live private video conferencing; and
- (1) Written recap of the Coaching Session in the form of an Action Plan, delivered via email within 72 hours of the Coaching Session.
Client agrees to prepare for the Services by:
- Submitting preparation assignments, if applicable, and bringing questions to the Coaching Session; and
- Acknowledging that the Client is the expert in their own life and business. The Client is fully responsible for any choices and decisions you make during your coaching journey.
Coach does not provide any financial, legal, medical, or psychological services or advice. Coaching is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions, and results. You should consult with a professional, independent of the coaching relationship, if you have specific questions about your own unique situation. Coach and any company that Coach is affiliated with, disclaims any liability for your reliance on any opinions or advice you receive as part of the Services.
Coach cannot and does not guarantee any particular results, financial, or business outcomes as a result of this coaching relationship. You agree not to hold Coach, or any company Coach is affiliated with, liable for any outcomes resulting directly or indirectly from the choices you make during the coaching process.
2. Fees and Refunds
Client agrees to pay for the session fees, if applicable, in full prior to the Coaching Session. All fees for the Services are non-refundable.
If paying by debit card or credit card, you give Coach and any company that Coach is affiliated with permission to automatically charge your credit or debit card for all fees and charges due and payable to the Coach, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Coach and any company that Coach is affiliated with is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
3. Session Procedures
Sessions will last 45 minutes and will take place via video conference.
If you need to reschedule a session, 12 hours of notice is required. Cancellation requests made less than 12 hours prior to your scheduled appointment will result in the forfeit of the coaching session that was reserved for you. If the Coach must reschedule the appointment last minute due to an emergency, the missed appointment will be rescheduled as a courtesy.
4. Confidentiality and Non-Disclosure
In order to assist Coach in performing its obligations under this Agreement, ProcessDriven may have access to some of Client’s confidential information. For purposes of this Agreement, “Confidential Information” includes all information or material that has or could have commercial value or other utility in the business in which Client is engaged, or to Client’s customers or their business, and which is not generally known to the public.
Coach agrees to keep all Confidential Information and any other information regarding the Coach-Client relationship strictly confidential. Confidential Information will be stored within ProcessDriven and utilized only to provide and improve our services. Coach agrees not to disclose the aforementioned information to third parties unless Coach first obtains written permission from Client permitting disclosure of such information except in very rare circumstances where disclosure is required by law, for example when a court might issue a subpoena for the file or information.
The confidentiality and non-disclosure provisions of this Agreement shall survive the termination of this Agreement and Coach’s duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer has or could have commercial value or other utility in the business in which Client or its customers are engaged, or until it becomes publicly known.
This Agreement will automatically terminate after all Services are delivered. Either party may also terminate this Agreement by providing notice in writing (including by email).
6. Coaching Materials
Client acknowledges that Coach owns, or has permission to use, all copyrights, trademarks, and other intellectual property rights in any written or online materials, workshops, or videos that may be used during the performance of the Services. Coach hereby grants Client permission to use these materials for Client’s own personal use only. Client agrees not to copy, share, sell, or distribute any of these materials to anyone else.
7. Diversity, Equity and Inclusion; Client Conduct.
Coach is committed to social justice, including LGBTQ rights, women’s rights, and civil rights and provides services for individuals from a diverse array of races, ethnicities, national origins, sexual orientations, ages, religions, genders, educations, abilities, and other identities.
Coach does not tolerate or support discriminatory speech, hate speech, comments, or actions against others based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels, or any physical, mental, or emotional abuse.
Coach reserves the right to terminate this Agreement and any Services, without refund, if Client, or Client’s employees, representatives, agents, founders, members, owners, managers, directors, or officers, engages in, encourages, demonstrates, or communicates statements, language, or actions that support race, gender, ethnicity, or disability inequality, discrimination, hate speech, or disrespect towards any individuals on Coach’s team, or that are in underrepresented or under-represented or marginalized groups.
Client is strictly forbidden from harassing, fighting with, or being disrespectful to Coach’s other clients or potential clients.
If, in the Coach’s sole discretion, Client’s conduct violates this paragraph in any way, Client agrees that Coach may immediately terminate this Agreement and the coaching relationship.
8. Limitation of Liability, Release
Client agrees that Coach will not be liable to Client or any third party for any damages (including, without limitation, lost data, lost profits, incidental or consequential damages), that arise from Coach’s performance of the Services (including, without limitation, failure to perform in a timely manner). Client agrees that any personal injury to Client or third parties or any property damage incurred in the course of performance of the Services shall be the sole responsibility of Client. Client agrees to indemnify Coach, and its owners, officers, employees, and agents from and against any and all costs, losses, damages, liabilities, expenses, demands, and judgments, including court costs and attorney’s fees, which may arise out of Coach’s performance of the Services, except to the extent such are caused by the sole fault or negligence of Coach.
9. Force Majeure
Coach shall not be deemed in breach of this Agreement if Coach is unable to complete or provide all of the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness, or incapacity of Coach and any company that Coach is affiliated with or any local, state, federal, national, or international law, governmental order or regulation or any other event beyond Coach’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Coach shall give notice to Client of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services or other accommodations, or may terminate this Agreement.
10. General Provisions
This Agreement will be governed by the laws of Utah. Client agrees to submit to the jurisdiction and venue of the state and federal courts in or nearest to Salt Lake City, Utah, and waives any defense of lack of personal jurisdiction or forum non conveniens. This Agreement may only be modified by agreement of both parties in writing. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to this Agreement, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations.
By clicking on the box when signing up for Coaching, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document. If you do not agree with these terms, do not purchase or use Coaching.