Terms and Conditions
DISCLAIMER AND TERMS OF USE
By purchasing and/or participating in the Inner Circle Membership (hereafter “Membership”), you are agreeing to the following terms. Please read this Agreement carefully before purchasing, accessing or using Woman Unleashed INC. (hereafter the “Company”) proprietary materials which includes any written, audio or visual presentations or documents associated with Membership.
If you do not understand or do not accept this agreement, please do not purchase this program and do not access any of the Company’s proprietary materials.
Overview
The terms “Company”, “we”, “us”, and “our” refer to Woman Unleashed INC. The term “Site” refers to womanunleashed.com. The term “Client”, “user,” “you” and “your” refers to clients, client team members (including employees, contractors and other representatives of client and client’s company) and any other users of the site. The terms “Service," “Program," and "Membership" refers to the services included in Inner Circle membership as outlined below.
Use of the Service, including all information and educational materials presented herein by Woman Unleashed, is subject to the following terms and conditions. These Terms and Conditions apply to all clients, and all other users of the site. By purchasing the program and/or using the Site or Service you agree to these Terms and Conditions, without modification, and acknowledge reading them.
1. Scope of Services
(a) Inner Circle membership includes the following services:
- Monthly training related to the topics of creativity, intuition, money mindset & self expression;
- Monthly mentorship coaching related to the Inner Circle coursework;
- Access to a private Facebook group with the Woman Unleashed Team and fellow Inner Circle members;
- Access to Inner Circle learning materials on the portal
The Inner Circle membership services outlined above are hereafter referred to as “the Services” or “Program.”
(b) The Services may only be accessed while you are a current paying member of the Program.
(c) Any additional services provided by Company to Client may require additional fees to be discussed and agreed upon by the parties.
2. Client Duties
(a) Compensation: In consideration for the Services provided by us to you as set forth in paragraph 1 above, you agree to pay us the current program fee at the time of joining as a one lump sum payment for 12 months of access or in monthly payments. If you pay for 12 months in advance, you agree that you will automatically continue to be charged after the first 12 months until you cancel. You understand that you will not receive an invoice reminder for these payments. In the event that any authorized charge applied by us to your card fails, you remain responsible for payment as agreed herein, as well as any penalty fees as detailed in paragraph (b).
(b) Late payment fee. If any fee outlined in paragraph (a) remains unpaid on the 7th day following its due date, a penalty fee of ten percent (10%) of the payment due will be assessed. We reserve the right to restrict your access to the Services, or terminate your participation in the Services unless and until all outstanding program fees and assessed penalties are paid in full. If your Program fees remain unpaid 15 days after the initial due date, your account will be referred to our collections agency.
(c) Payment Security and Chargebacks. To the extent that Client provides Company with Credit Card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s Credit Card(s) for any unpaid charges on the dates set forth. If client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
(d) Tools to be Provided by You. You agree to provide all tools, information and documentation that may be required by us to effectively perform said responsibilities in connection with the Services.
(e) Additional Client Duties. You understand that your success in the program is dependent upon your level of participation in the Services. In order to get the most out of the Service, you must also work to implement the tools and strategies learned throughout the Service, and make considerable efforts toward your own personal and professional development on your own time during the term of Services. You are responsible for requesting support from us, if needed.
3. Term
The term of this Agreement shall begin on the date of first payment for the Services, and continue until you or we terminate your membership.
4. Subscription Renewal
Your subscription to the Program will renew automatically at the annual term until you cancel. After purchasing your membership, you will receive an email confirming the payment terms and renewal period. You may cancel your Membership and stop the auto-renewal at any time and for any reason by emailing us at admin@womanunleashed.com.
5. Cancellation and Refund Policy
The Company may cancel your Program at any time and for any reason. If you cancel your Program, or if Company cancels your Program for other than good cause, your Program will remain active until the end of the 12- month period corresponding to your most recent payment. If Company cancels your Program for good cause, then the cancellation will take effect as soon as the Company notifies you. For purposes of this section, “good cause” for the Company cancelling your Program includes, but is not limited to: (a) failure to make any required monthly or annual payment, and (b) any violation of any provision in these Terms of Use. In no case will the Company issue any refunds of amounts paid to the date of your cancellation, regardless of the reason for the cancellation. Once your Program is cancelled, you will be prohibited from rejoining the Program for a period of 6 months from the date of cancellation.
6. Nature of Program
The Program is not, and is not intended to be, medical, psychological, therapeutic, or any other licensed professional service or advice. Rather, the Program is intended to be educational in nature, and the Company will take steps to ensure the educational nature of the program is maintained.
7. Nature of Program Material
You may be provided with various materials during the course of the Program, including, but not limited to: presentation slides, worksheets, articles, explanatory reading material, forms, surveys, templates, and both live and recorded audio and video (collectively the “Membership Material". The Membership Material, regardless of its source, is intended for your educational benefit and will not be construed as medical, psychological, therapeutic, or any other licensed professional service or advice.
8. No Professional Relationship
Neither the Program nor any Program Material creates or evidences a doctor-patient, therapist-patient, or any other licensed professional relationship between yourself and the Company. The Program and the Membership Material should not be seen as a substitute for advice from your medical doctor or therapist. Should you require medical or therapeutic services, you will contact a licensed medical doctor or therapist.
9. Online Privacy Policy
You acknowledge that you have read and agree to Company’s Online Privacy Policy, which governs information collected by our website, including your billing information, at https://womanunleashed.com/privacy-policy/. Additionally, you understand and acknowledge that, except as provide in Company’s Online Privacy Policy, Company cannot guarantee the privacy of third-party platforms or software. You agree not to hold Company liable for the privacy policies and activities of third parties or data breaches suffered by third parties.
10. Confidentiality of Personal and Business Information
To the extent that you reveal any personal or business information during your participation in any aspect of the Program, then, unless otherwise specified in these Terms of Use, Company intends to keep such information confidential. Additionally, you understand and acknowledge that Company may reveal your otherwise-confidential information if: (a) Company is served with a valid subpoena, (b) Company is ordered to do so by a court or law enforcement agency, (c) Company reasonably suspects the existence of child or elder abuse, and/or (d) Company reasonably suspects that you may imminently cause harm to yourself or others.
11. Personal Responsibility
You agree to be respectful of other participants in the Program, including being respectful of their privacy. You will not disclose any other participant’s personal or business information to any other person or entity without the permission of the participant to whom the information pertains. However, you understand that Company cannot guarantee the confidentiality of information you choose to reveal to any other Program participant and you agree to be solely responsible for anything you share. You also agree not to engage in disruptive behavior while participating in any aspect of the Program.
12. Intellectual Property
Client agrees that the Program contains proprietary content (“Intellectual Property”) that is owned solely by Company and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. Company retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the world in any and all mediums. Company grants Client a license to use the Intellectual Property solely for Client’s own noncommercial purposes. Client agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, Client agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, art, videos, audio recordings, or the like based on Company’s Intellectual Property or that in any way violate Company’s Intellectual Property. Any registered or common law trademark, service mark, logo or tagline used in conjunction with the Program is property of the Company. Client may not use such trademarks or service marks for any purpose except with written permission by Company.
13. No Guaranteed Results
You understand and acknowledge that all decisions in life come with uncertainty and risk, and that results are dependent upon numerous factors that are outside the control of the Company. Obtaining the results you desire will require effort and learning on your part. You understand and acknowledge that the Company cannot promise or guarantee any particular outcome or result from your participation in the Program. You will not hold the Company liable for the failure to attain any desired outcome or result from your participation in the Program.
14. Liability Waiver
You agree that the Company will not be held liable for any damages or losses that you may incur, whether personal or business, as a direct or indirect result of (a) actions or decisions that you take or do not take in response to any aspect of your participation in the Program, and (b) actions or decisions that other Program participants take.
15. Indemnity
You will indemnify the Company against any and all liability to third parties arising from actions or decisions you take or do not take in response to any aspect of your participation in the Program.
16. Consent to Record
You understand that, by participating in the Program, you may be recorded on audio and/or video format. You consent to such recording and you consent to the Company using such recording for purposes of running and improving the Program. You waive any potential right to view and/or approve of such recordings prior to Company using them for the purposes stated above.
17. Violations
You understand and acknowledge that misuse of the Program Material and/or violations of any provision in these Terms of Use will result in your immediate termination of your Program without notice and without any refund of amounts paid to the date of your termination. In addition, Company may take any appropriate legal action to protect the Company and Company’s intellectual property rights.
18. Entire Agreement; Modification; Waiver
These Terms constitute the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of these Terms and Conditions shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of these Terms and Conditions 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 the party making the waiver.
19. Neutral Construction
These Terms and Conditions were prepared by Company and/or Company’s legal counsel. It is expressly understood and agreed that these Terms and Conditions shall not be construed against Company merely because they were prepared by its counsel; rather, each provision of these Terms and Conditions shall be construed in a manner which is fair to both parties.
20. Changed Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on the Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
21. Assignment
These Terms and Conditions shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under these Terms and Conditions, except to a wholly owned subsidiary entity of Client. No such assignment by Client to its wholly owned subsidiary shall relieve Client of any of its obligations or duties under these Terms and Conditions.
22. Notices
All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:
Woman Unleashed Inc.
77-355 Nohealani Street
Kailua-Kona, HI 96740
To Client at Client’s address provided at the time of purchase.
Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address.
23. Governing Law; Venue; Mediation
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of Hawaii as applied to contracts that are executed and performed entirely in Hawaii. The exclusive venue for any court proceeding based on or arising out of these Terms and Conditions shall be Hawaii County, Hawaii. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions by negotiation. The parties further agree that their respective good faith participation in negotiation discussions is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
24. Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, 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.
25. Severability
If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the These Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Questions about these Terms and Conditions? Email us admin [at] womanunleahed [dot] com.
Updated: September 2020
