Terms & Conditions – The Program Incubator

The Program Incubator Membership Agreement

THIS AGREEMENT (hereinafter the “Agreement”) is made on this date (“Effective Date”) between The Author Incubator, LLC (hereinafter the “Company” or “we/us”) and the “Participant” (also known herein, as “you”).

 

Article One

Terms and Conditions

Section 1.1 You irrevocably agree that this Agreement automatically becomes a binding contract between us and applies to your participation in The Program Incubator program. You are acknowledging that you have read, agree to, and accept all of the terms and conditions contained in this Agreement.

Section 1.2 The Company may amend this Agreement at any time by sending a revised version to the e-mail or physical address you provided in your Application.

 

Article Two

Program Description

  1. Participants will create a video-based program using their personal content.
  2. Participants should expect to have their deliverable program ready in approximately week 9 from the start of the program.
  3. Participants will self-publish their completed program to a self-selected platform of choice.

In order to achieve the outcomes above, the Company agrees to provide the following services to Participant during the Term of this Agreement (“Services”):

  • Comprehensive Recorded Training System. The Company agrees to provide access to The Program Incubator class recordings with step-by-step instructions, worksheets, and examples. Access to the system will cease at the conclusion of the program.
  • Expert Advice. The Company agrees to provide access to experts for personalized advice to answer your specific questions. Although we don’t guarantee response times, the Company strives to answer these questions as quickly as possible to keep your project moving forward.
  • Weekly Video Conference. Participant shall be invited to a weekly video conference call. This will be held live and the client shall have an opportunity to ask questions. Company makes every attempt to answer as many questions as possible but does not guarantee every single question will be answered on every single call. Company does guarantee you will have access to the call-in information and the recording of the call will be made available.
  • Feedback. The Company shall provide feedback through the Comprehensive Recorded Training System.

 

Article Three

Payments

Section 3.1 You Authorize the Company to charge your credit or debit card, cash your check, or accept your wire payment to enroll you in the Program.

 

Article Four

Termination and Refunds

Section 4.1 If the participant is unsatisfied with The Program Incubator, they may submit a written request to [email protected] for a full refund within the first 30 days from the initial date of enrollment to the program. After a review of the participant’s request, a determination will be made by the company as to the participant’s eligibility for the refund. If deemed eligible, a full refund will be processed within 30 days.

Section 4.2 You may decide to leave the program at any time.

Section 4.3 The Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate your participation in the Program without refund or forgiveness if you become disruptive or difficult to work with, if you fail to follow the Program guidelines, or if you impair the participation of Program instructors or participants in the Program or violate any of the confidentiality and privacy policies in Article Four of this Agreement.

Section 4.4 If this Agreement is terminated for any reason, you will no longer have access to the online training library or any other benefit of membership in the Program.

 

Article Five

Confidentiality and Privacy

Section 5.1 We agree to respect your confidential and proprietary information, ideas, plans, and trade secrets (collectively, “Confidential Information”).

Section 5.2 You agree:

  1. To respect the privacy of fellow Program participants and, therein, not to violate the publicity or privacy rights of any Program participant,
  2. Not to infringe on any Program participant’s or the Company’s copyright, patent, trademark, trade secret or other intellectual property right,
  3. That any confidential Information shared by Program participants or any representative of the Company is confidential and proprietary and belongs solely and exclusively to the participant who discloses it or the Company,
  4. Not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions,
  5. That all materials and information provided to you by the Company may only be used by you as authorized by the company, and
  6. That the reproduction, distribution, and sale of these materials by anyone outside of the Company is strictly prohibited.

 

Section 5.3 If you violate, or display any likelihood of violating, any of your agreements contained in this Article Four the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

Section 5.4 Except where required by court order or subpoena, each party hereto shall keep confidential the terms of this agreement and shall not disclose to a third party any of the provisions hereof or any information obtained pursuant hereto, except that a party may disclose such information to an accountant or attorney agreeing to be bound by the terms of this Agreement for the purpose of or in connection with obtaining advice or counseling from such accountant or attorney.

 

Article Six

Warranties

Section 6.1 We have made every effort to accurately represent the Program and its potential. Any claims of actual earnings can be verified, and examples of actual earnings can be verified upon request. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on any factors, including his or her background, dedication, desire, and motivation.

Section 6.2 You acknowledge that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that you will earn any money as a result of your participation in the Program. By signing below, you also acknowledge that you have represented to the Company that payment of your Program membership fee will not place a significant burden on you or your family.

 

Article Seven

Miscellaneous

Section 7.1 Conflict with other Agreements.  This Agreement shall alter and amend any other written or oral agreement of the parties as needed to comply with the terms and conditions herein.

Section 7.2 Severability.  The provisions of this Agreement shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the other provisions hereof. If any provision or clause of this Agreement, or portion thereof, shall be held by any court or other tribunal of competent jurisdiction to be illegal, void, or unenforceable in such jurisdiction, the remainder of such provision shall not be thereby affected and shall be given full effect, without regard to the invalid portion.

Section 7.3  Force Majeure.  Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement where such delay or failure arises by reason of any act of God or any government or any governmental body, war, terrorist act, insurrection, the elements, strikes or labor disputes, or other similar or dissimilar cause beyond the control of such party.

Section 7.4 Applicable Law.  This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia.

Section 7.4.1 JurisdictionEach party hereby submits to the exclusive jurisdiction of, and waives any venue or other objection against, any federal court sitting in the State of Virginia, U.S.A., or any Virginia state court in any legal proceeding arising out of or relating to this contract. Each party agrees that all claims and matters may be heard and determined in any such court and each party waives any right to object to such filing on venue, forum non-convenient, or similar grounds.

Section 7.5 Construction of Terms.  Wherever the context requires, the singular includes the plural, and the masculine includes the feminine and neuter.

Section 7.6 Headings.  Headings are used in this Agreement for convenience only and will not be used to interpret this Agreement or any part of it.

Section 7.7 Assignment.  Participant may not assign this Agreement, or any rights or obligations hereunder, by operation of law or any other manner, without the Company’s prior written consent.

Section 7.8 Consent.  The parties acknowledge and agree that each have had the unrestricted opportunity to review this agreement and any decision was voluntarily and independently made by that party, and that the provisions of this Agreement will not be construed in favor of either party.

Section 7.9 Notices.  All notices required or permitted by either party under this Agreement may be sent via e-mail. If no response is received, notice will be deemed given when personally delivered or, if earlier, when received after mailing by registered or certified U.S. mail, postage prepaid, with return receipt requested.

Section 7.10 Termination.  The Author Incubator reserves the right to terminate this agreement in circumstances where the company becomes insolvent, makes an assignment for the benefit of creditors, goes out of business, or ceases production.

Section 7.11 Waiver.  Failure of either party to insist on strict compliance with any of the terms, covenants, and conditions of this agreement shall not be deemed a waiver of such terms, covenants, and conditions, or of any similar right or power hereunder at any subsequent time.

By checking the box that reads “I agree to the membership agreement”, you agree (1) not to infringe on any Program participant’s or the Company’s copyright, patent, trademark, trade secret or other intellectual property right, (2) that any confidential Information shared by Program participants or any representative of the Company is confidential and proprietary, and belongs solely and exclusively to the participant who discloses it or the Company, (3) you agree not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions. By checking the box that reads “I agree to the membership agreement”, below, you further agree that (4) all materials and information provided to you by the Company, may only be used by you as authorized by the company, and (5) the reproduction, distribution and sale of these materials by anyone other than by the Company is strictly prohibited. Further, by checking the box that reads “I agree to the membership agreement” below, you agree that, if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph, the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

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