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Terms

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Your access to and use of this website, as well as all related websites operated by FearlesslyGiRL Inc (which includes fearlesslygirl.com, among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by FearlesslyGiRL Inc, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “FearlesslyGiRL” and "Creating A Kinder Girl World", are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.

6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, https://fearlesslygirl.mykajabi.com/pages/privacy-policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.

11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

14. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Orange County, California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

16. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

17. 

The Company from time-to-time provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.

By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.

18. 

The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.

By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.

19. 

We want you to be satisfied with your purchase but we also want you to give your best effort to apply all of the strategies in the program(s). You must also demonstrate that you have attempted to implement the program without success. To meet this requirement, you must submit the work outlined in the terms and conditions for the program you are requesting a cancellation/refund for.

Please review our money back guarantee below.

Upon determining that you are entitled to a cancellation/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 of any purchase through the terms and conditions, that shall immediately terminate any and all licenses granted you to use the material provided to you under these Terms of Use or any other agreement. 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, social media groups limited to paying members, and other resources.

20. We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the lesson plans in the program. We provide a 7-day money-back guarantee for all of our programs. That money-back guarantee is governed by the following terms:

In order to qualify for a refund you must submit proof that you did the work in the program and it did not work for you. In the event that you decide your purchase was not the right decision, within 7 days of purchase, contact our support team at [email protected] and let us know you’d like a refund by the 7th day at 11:59 EST. You must include the program coursework with your request for a refund. If you request a refund and do not include your coursework by the 7th day, you will not be granted a refund.

We will NOT provide refunds more than 7 days following the date of purchase. After day 7, all payments are non-refundable and you are responsible for full payment of the fees regardless if you complete the program.

 

FEARLESSLYGIRL CERTIFICATION TERMS & CONDITIONS

 

This Agreement is entered into between you and FearlesslyGiRL Inc, as described below.

 

21.  Definitions.  The following terms shall have these defined meanings for the purposes of this Agreement:

 

a.      FearlesslyGiRL Certification Program" shall mean the certification program(s) described in this Agreement.

 

b.     "FearlesslyGiRL Certified Individual” shall mean an individual who has satisfactorily completed the required coursework, and met all certification requirements set by the FearlesslyGiRL Certification Program, maintains the certification by meeting any additional requirements and re-certifications required by the FearlesslyGiRL Certification Program, and is entitled to use the FearlesslyGiRL Certification Signature(s) & Program Materials (“Materials”) in accordance with this Agreement.

 

c.      “FearlesslyGiRL Certification Signature" ("Signature") shall mean any of the certifications established by FearlesslyGiRL under the FearlesslyGiRL Certification Program that you may become authorized to use by completing The FearlesslyGiRL Certification Program Course and complying with the requirements of the FearlesslyGiRL Certification Program. FearlesslyGiRL Certification Signatures include (but are not limited to):  FearlesslyGiRL Facilitator, Certified FearlesslyGiRL Facilitator, FearlesslyGiRL Facilitator, FearlesslyGiRL Certified Speaker. FearlesslyGiRL may add additional FearlesslyGiRL Certification Signatures to the FearlesslyGiRL Certification Program from time to time at its discretion.

 

d.      "Certification" shall mean completing the requisite FearlesslyGiRL Certification Program and meeting and maintaining compliance with those other requirements set out in this Agreement for entitlement to use any FearlesslyGiRL Certification Signature & FearlesslyGiRL Materials.”

 

e. “The Materials include but are not limited to the handbooks, activity guides, and presentations for The FearlesslyGiRL Workshops, The FearlesslyGiRL Summit and The FearlesslyGiRL Camp Curriculum.”

 

 

2.         Purpose. Subject to the terms of this Agreement, individuals who successfully meet certification requirements are entitled to become FearlesslyGiRL Certified Individuals and to use the FearlesslyGiRL Certification Signatures and Materials for as long as they maintain in good standing.

 

3.         Certification.

 

a.      Certifications. Upon completion of the requirements and satisfactorily completing the course you are eligible for certification by FearlesslyGiRL.  

 

b. Certification requirements include but are not limited to 

 

c.     Continuing Certifications. Certifications may require additional actions to maintain compliance with continuing certification requirements as specified by FearlesslyGiRL.  You must meet all continuing certification requirements to maintain these Certifications.  FearlesslyGiRL may, from time to time and in its sole discretion, change or modify certification requirements (both initial and continuing), Signatures, or FearlesslyGiRL Certification Logos.  FearlesslyGiRL will use commercially reasonable efforts to notify you by email to the email address provided to FearlesslyGiRL of any changes to the certification requirements for any certifications you currently hold.   You must comply with the changed requirements within the period of time set forth in the applicable Policies to stay in compliance with any modified compliance requirements.   Any failure to comply with all applicable continuing certification requirements or changed continuing certification requirements will result in termination of this Agreement pursuant to Section 10.

 

4.         Your Representations.  You warrant and represent to FearlesslyGiRL that all services you provide and all business you conduct as an FearlesslyGiRL Certified Individual shall;  (i) not harm the reputation of FearlesslyGiRL or its products; (ii) not employ deceptive, misleading, or unethical practices; (iii) not make any representations, warranties, or guarantees to customers on behalf of FearlesslyGiRL; (iv) comply with all applicable federal and local laws and regulations (including, but not limited to laws regulating your professional status and licensing requirements and holding adequate insurance coverage) and all other applicable governmental laws, statutes and regulations; (v) comply with all  intellectual property and proprietary rights protections for FearlesslyGiRL programs, Materials, and other products; and (vi) not claim such Materials as your own.

 

5.         Authorization to use Certification Signatures and Logos.  Upon meeting the requirements for initial certification, and continuing so long as you meet and comply with all applicable continuing certification requirements, FearlesslyGiRL authorizes you to use the FearlesslyGiRL Certification Signature(s) for which you have been certified and to use any corresponding FearlesslyGiRL Certification Logo  & Materials according to the terms and conditions of the FearlesslyGiRL Certification Program Agreement. All rights not expressly granted herein are reserved by FearlesslyGiRL. You acknowledge FearlesslyGiRL has sole ownership of the FearlesslyGiRL Certification Logos, Signatures & Materials, and that nothing in this Agreement, in your performance as an FearlesslyGiRL Certified Individual, or that might otherwise be implied by law, shall give you any right, title, or interest in the FearlesslyGiRL Certification Signatures, Materials or Logos, other than the authorization specifically granted herein. You may not use or reproduce the Logos in any manner whatsoever other than as described herein. You shall not use the FearlesslyGiRL Certification Logos, Materials and Signatures in a manner that derogates from the rights of FearlesslyGiRL in the FearlesslyGiRL Certification Logos and Signatures, and shall not take any action that may interfere with or diminish the rights of FearlesslyGiRL in the FearlesslyGiRL Certification Logos, Materials or Signatures during the term of this Agreement or after its termination or expiration.  Nothing in this Agreement shall authorize you to use any FearlesslyGiRL trademarks, service marks, or logos except as expressly specified in this FearlesslyGiRL and all other terms and policies referenced herein.

 

 

6.         Limitation of Liability.  TO THE EXTENT PERMITTED BY LAW, FearlesslyGiRL’s LIABILITY UNDER THESE TERMS AND CONDITIONS IS LIMITED TO THE AMOUNTS PAID BY YOU FOR THE CERTIFICATION PROGRAM.  IN NO EVENT SHALL FearlesslyGiRL OR ANY AFFILIATE OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, CORRUPTION OF, OR COMPROMISE OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE CAUSED, ARISING FROM OR RELATED TO YOUR CERTIFICATION, FAILURE TO ACHIEVE CERTIFICATION, OR USE OF OR INABILITY TO USE THE FearlesslyGiRL CERTIFICATION LOGOS, OR SIGNATURES, OR ARISING FROM OR RELATED TO THE TERMINATION OR REVOCATION OF YOUR CERTIFICATION, EVEN IF FearlesslyGiRL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN YOUR COUNTRY OF PURCHASE, OR IF DIFFERENT, YOUR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THESE TERMS AND CONDITIONS ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS.  SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OR LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES OR CONDITIONS, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY COUNTRY, STATE OR PROVINCE.

 

7.         Indemnification. You agree that FearlesslyGiRL shall have no liability to you or any of your employees, agents, clients or customers and that you shall defend, indemnify, and hold FearlesslyGiRL, its affiliates, subsidiary corporations and their respective officers, directors, employees, agents, successors and assigns harmless from and against any and all actions, demands, claims, and/or liabilities (including, but not limited to, personal injury or product liability claims) arising out of: (i) your use of the FearlesslyGiRL Certification Logos and the FearlesslyGiRL Certification Signatures and Materials in a manner which is in any way inconsistent with the terms of this Agreement; or, (ii) the performance, promotion, sale, or distribution of your services as a FearlesslyGiRL Certified Individual; or (iii) the termination of this Agreement by FearlesslyGiRL, pursuant to the terms herein. Some jurisdictions do not allow limitations of liability in certain circumstances (for instance, in the event of death, personal injuries, gross negligence or willful misconduct) so the foregoing indemnity may not apply to you.  In the event FearlesslyGiRL seeks indemnification from you under this provision, FearlesslyGiRL will promptly notify you in writing of the claim(s) brought against FearlesslyGiRL for which it seeks indemnification. FearlesslyGiRL reserves the right, at its option and sole discretion, to assume full control of the defense of such claim with legal counsel of its choice. You may not enter into any third party agreement which would, in any manner whatsoever, affect the rights of, or bind FearlesslyGiRL in any manner, without the prior written consent of FearlesslyGiRL. In the event FearlesslyGiRL assumes control of the defense of such claim, FearlesslyGiRL shall not settle any such claim requiring payment from you without your prior written approval.  Upon FearlesslyGiRL’s request, you shall reimburse FearlesslyGiRL for any expenses reasonably incurred by FearlesslyGiRL in defending such a claim, including, without limitation, attorney's fees and costs, as well as any judgment on or settlement of the claim in respect to which the foregoing relates.

 

8.         Confidentiality.  Anyone obtaining access to FearlesslyGiRL Certification Program Materials is obligated to maintain the confidentiality of this information. If an individual is caught violating the terms of this provision will be permanently ineligible for any FearlesslyGiRL Certification and shall be decertified from the FearlesslyGiRL Certification program and all current certifications associated with it.  You agree to protect FearlesslyGiRL’s Confidential Information, using at least the same degree of care that you use to protect your own confidential and proprietary information of similar importance, but no less than a reasonable degree of care.  Recipient agrees to use FearlesslyGiRL's Confidential Information for the sole purpose of evaluation in connection with purpose of this Agreement.   You will not disclose, publish, or disseminate Confidential Information.  You may disclose Confidential Information to the extent required by law, provided you make reasonable efforts to give FearlesslyGiRL notice of such requirement prior to any such disclosure and take reasonable steps to obtain protective treatment of the Confidential Information.  Except as expressly set forth herein, no license or other rights to Confidential Information are granted or implied hereby and FearlesslyGiRL retains all of its rights therein.  Notwithstanding any other provision in this Agreement, if you provide any ideas, suggestions or recommendations to FearlesslyGiRL regarding FearlesslyGiRL’s Confidential Information (“Feedback”), FearlesslyGiRL is free to use and incorporate such Feedback in FearlesslyGiRL’s products, without payment of royalties or other consideration to you, so long as FearlesslyGiRL does not infringe on your patents, copyrights or trademark rights in the Feedback.  Nothing in this Agreement is intended to grant a license or waive any rights in either party’s patents, copyrights or trademarks.

 

9.       Term and Termination.  Either party may terminate this Agreement at any time, with or without cause, by giving thirty (30) calendar days' prior written notice to the other party.  FearlesslyGiRL may terminate this Agreement immediately, including termination and revocation of any Certifications and FearlesslyGiRL Certification Signatures to which this Agreement relates, and termination of your use of the corresponding FearlesslyGiRL Certification Logos, upon the occurrence of any one of the following events (each a “Cause”):  (i) you fail to comply with any of the terms of this Agreement, including, without limitation, the terms governing the use of the FearlesslyGiRL Certification Signatures, Materials and Logos; (ii) you misappropriate or disclose any trade secret or Confidential Information of FearlesslyGiRL, or otherwise infringe any other intellectual property right of FearlesslyGiRL, or engage in any other activities prohibited by law; (iii) you fail to comply with the applicable continuing certification requirements for the relevant certification; or (iv) a government agency, regulatory agency or court finds that services you provided concerning the FearlesslyGiRL products to which your certification relates are defective in any way. In the event any of the above occurs, FearlesslyGiRL may provide you with written notice of termination of this Agreement.  Immediately upon termination of this Agreement, you shall immediately cease all use of any FearlesslyGiRL Certification Signature and Logo corresponding to the Certification to which this Agreement relates.  FearlesslyGiRL's termination under this section shall not prejudice any rights FearlesslyGiRL may have under this Agreement or in law, equity or otherwise.  Sections 6, 7, 8, 9 and 14 shall survive termination of the Terms and Conditions for any reason. 

10.       Relationship of the Parties.  You acknowledge that nothing in this Agreement shall be construed as creating a partnership, joint venture or agency relationship between you and FearlesslyGiRL or as granting a franchise. You shall not advertise, promote, or suggest in any manner that the services being provided to customers in connection with the FearlesslyGiRL Certification Logos and Signatures are provided by, sponsored by, or associated in any way with FearlesslyGiRL, or that you are employed by, affiliated with, or sponsored by FearlesslyGiRL, except to state that you have successfully completed all requirements for your particular certification(s), and any continuing certification requirements for a particular version(s) of FearlesslyGiRL products. During the term of this Agreement, you shall insert the following language in each contract pursuant to which you will provide services involving FearlesslyGiRL products: “FearlesslyGiRL Inc is not a party to this Agreement, and shall have no liability whatsoever with respect to any of the services that are the subject of this contract. Each applicable FearlesslyGiRL Certification Signature indicates that I have successfully completed the corresponding FearlesslyGiRL Certification requirements, which reflect commensurate skills required to implement, support, and maintain solutions with relevant FearlesslyGiRL products & programs. The services I provide under this contract are not provided, licensed, warrantied or sponsored by FearlesslyGiRL Inc."

 

11.       IT IS AGREED THAT THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF THE COUNTRY IN YOUR COUNTRY OF RESIDENCE, AND THE COURTS OF THE RESPECTIVE COUNTRIES WILL HAVE JURISDICTION OVER THE MATTER.

 

13.       Data Protection. You agree and understand that it is necessary for FearlesslyGiRL to collect, process and use your data in order to process Certifications and confirm compliance with FearlesslyGiRL’S policies and applicable laws.  As part of certain FearlesslyGiRL Certification Programs, FearlesslyGiRL may, from time to time, pass your details to its customers or partners who may wish to contact you about products or for your advice or assistance.  Except for the foregoing, FearlesslyGiRL will protect your information in accordance with the FearlesslyGiRL Privacy Policy (https://www.fearlesslygirl.com/pages/privacy-policy). If you wish to have access to the information that FearlesslyGiRL holds concerning you or if you want to make changes, you may contact us to update your personal contact preferences.

 

12.       General.  You may not assign your rights or obligations under these Terms and Conditions.  Any unauthorized assignment will be void.  FearlesslyGiRL will not be liable for performance or delays beyond its reasonable control.  A waiver of any breach or default under these Terms and Conditions shall not constitute a waiver of any subsequent breach or default.  If a court of competent jurisdiction holds that any provision of these Terms and Conditions is invalid or unenforceable, the remaining portions will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the original intent of the parties and the economic effect of the Terms and Conditions.  These Terms and Conditions, including any additional terms referenced herein, constitute the entire agreement between FearlesslyGiRL and you with regard to FearlesslyGiRL Certification Program and supersede all prior negotiations, agreements, and understandings with respect to the subject matter, and no addition to or deletion from or modification of any of the provisions hereto shall be binding upon FearlesslyGiRL unless made in writing and signed by an authorized representative of FearlesslyGiRL.  Any term or condition on any other document submitted by you shall be of no force or effect whatsoever, and is specifically rejected.  FearlesslyGiRL reserves the right to change this Agreement at any time and without notice.  Notices of changes to the Agreement will be given by FearlesslyGiRL posting the changes on the FearlesslyGiRL Public Terms & Conditions Web site and will be deemed given when posted.  You will have a commercially reasonable time to implement such changes by FearlesslyGiRL, not to exceed thirty (30) days.

 

13. Refunds. Refunds will only be given within the first 7 days of The FearlesslyGiRL Certification Program launch date for the period that you are enrolled. Any requests for refunds after the first 7 days will not be granted, and you will be required to complete your payments in full whether you remain in good standing or not.

 

Last Updated: Nov 16th 2020

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