You understand that by registering for and participating in The Fierce Social Society with Teachable (“FSS”), you voluntarily agreed and continue to agree to abide by this Course Agreement (this “Agreement”) with Customer (“Customer”).
You hereby irrevocably and unconditionally agree, as follows:
PROGRAM DETAILS. FSS will include, as described on our website at the time of registration, modules, videos & lessons to provide detailed value & information to encourage & promote new skill sets to apply to your own Instagram and business.
COMMUNICATION. FSS will use email fiercesocial[email protected] as the primary form of communication with you.
STANDARDS OF PERFORMANCE. FSS shall use its reasonable best efforts to teach and FSS you and will perform those services with a high degree of care, skill, diligence, professional knowledge, judgment, and expertise according to sound work practices and accepted professional and industry standards, in a well-managed, organized, and efficient manner.
General Disclaimer. To the fullest extent permitted by law, FSS, its contributors, affiliates, successors, assigns, agents, consultants, representatives, employees, volunteers, and licensees, expressly disclaim any liability for any direct, indirect or consequential loss or damage incurred by participant or others in connection with FSS, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
Assumption of Risk. You assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to you by FSS, any contributors, and any of the other FSS participants. You take full responsibility for your business’ health, your personal health and well-being, your actions and decisions, and your personal care during the course of FSS. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Educational and Entertainment Purposes Only. FSS and our contributors are not medical, legal, financial or other professionals, or if we are, during the term of FSS and related material(s), we are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the term of The course. This Course is for educational and entertainment purposes only. None of FSS or its related material(s) should be construed as medical, legal, financial advice.
No Guaranteed Outcomes. There is absolutely no guarantee of viral content, increase in business or sales or grow your Instagram account as a result of completing FSS. You understand that outcomes of FSS can be subjective and can vary greatly depending upon individual circumstances and individual effort invested in FSS process.
PUBLICITY WAIVER. You acknowledge that as part of FSS you may be asked to provide a headshot, biography, testimonial, be photographed, filmed, or otherwise recorded during The course, which will exclude any of your Confidential Information, for FSS’s advertising, promotion, and any other commercial and business purposes FSS may deem fit (the “Content”). You grant your irrevocable consent to FSS, the right use, publish in whole or in part the Content, which may include the publicly display your name, biography and likeness, without compensation, in any other manner or media now known or hereinafter invented, throughout the world, without restriction as to alterations or modifications, for any purpose described above. You understand that FSS will be the sole property of the Content, and you waive any and all rights of publicity, privacy, or other rights therein. You further waive any and all rights to bring an action at law or equity related to the Content against FSS, its contributors, affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, licensees, volunteers, and release them from any and all liability whatsoever related to the Content.
WAIVER AND RELEASE OF LIABILITY. You fully and forever release and discharge FSS, as well as any of its contributors, affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, licensees, volunteers, any of FSS participants, the venue (as applicable), and all others involved in FSS (collectively “Released Third Parties”), as applicable, from any and all injuries (including death), losses, damages, claims, demands, lawsuits, costs and expenses, including legal fees and expenses, and any other liability of any kind, of or to me, your property, or any other person, directly or indirectly arising out of or in connection with your participation in FSS, whether such claims arise from negligence, breach of any duty imposed by law, mistake or error in judgment, or from any other cause, and whether such claims are known or unknown, or suspected or unsuspected (all such claims, demands, losses, liabilities, damages and causes of action are referred to collectively herein as the “Released Claims”).
AGREEMENT NOT TO SUE; INDEMNITY. You covenant and agree that (i) you will not institute or attempt to institute any legal action, arbitration, demand or proceeding against FSS or Released Third Parties based upon any Released Claim, (ii) you will indemnify, defend and hold harmless FSS and Released Third Parties from and against any losses, claims, liabilities, expenses or damages, including attorneys’ fees and costs, incurred in connection with the defense of any Released Claim or any other breach of your obligations under this Agreement, (iii) you will indemnify, defend and hold harmless FSS and Released Third Parties for any and all claims or demands, including reasonable attorney's fees, that arise from or otherwise relate to use of FSS and related materials, and (iv) your violation of this Agreement or the rights of another.
PAYMENT. The price charged for FSS will be the price in effect at the time of registration and will be specified in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All such taxes and charges will be added to your total and will be itemized in your shopping cart and in your order confirmation email.
TERMINATION. In the event you breach any terms of this Agreement, FSS reserves the right to terminate your participation in the curriculum effective immediately, without any refund.
PROGRAM CANCELATION. FSS reserves the right to cancel enrollment at any time and for any reason Upon Cancelation, FSS will refund you the amount you have paid.
CONFIDENTIALITY AND NON-DISCLOSURE. You agree to preserve the sanctity and safety of FSS. You understand during the course of FSS, you will have access to and learn about non-public, confidential, or proprietary information ("Confidential Information") disclosed by FSS. You hereby agree to protect and safeguard the confidentiality of all such Confidential Information with at least the same degree of care as you would protect your own Confidential Information, and you will not use Confidential Information in any manner to the Disclosing Party's detriment. To provide you with the highest quality of service, you understand FSS, may discuss and receive independent mentors on certain topics anonymously and hypothetically with other personal coaches or from contributors. In addition to all other remedies available at law, the Disclosing Party may seek equitable relief (including injunctive relief) against the to prevent the breach or threatened breach of this Section and to secure its enforcement. You agree not to harvest or otherwise collect information about others, including E-mail addresses, or to use information obtained from the Services to send other users unsolicited E-mail of any kind.
INTELLECTUAL PROPERTY. To honor and protect FSS’s intellectual property, you agree not to disclose, reproduce or distribute FSS’s written materials, techniques or methods to any third party without FSS’s prior written consent. You understand that FSS’s written, and recorded materials are protected by United States intellectual property laws, and you agree not to copy, reproduce or distribute any such materials for any reason without FSS’s prior written consent.
You alone shall own all right, title and interest, including all related intellectual property rights such as copyright throughout the world and moral rights, to materials, data, information created or submitted by you to FSS during The course.
LIMITED LICENSE. Subject to and in accordance with this Agreement and other guidelines or instructions FSS includes in the course, FSS grants a limited, non-transferable, non-sublicensable, non-exclusive, revocable license (“License”) to make individual use of FSS. More specifically, unless explicitly authorized in this Agreement or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, resell, share, trade or distribute in any manner or medium (including by email or other electronic means) any material from FSS. FSS reserves the right to terminate your access to FSS at any time if FSS finds that you have violated this Agreement.
SURVIVAL. You understand that the terms of this Agreement shall survive the termination or completion of FSS.
FORCE MAJEURE. FSS shall not be liable or responsible for, nor be deemed to have defaulted under or breached this Agreement, for any failure, interruption, adaptation in format or scheduling, or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure, interruption, adaptation in format or scheduling, or delay is caused by or results from the following force majeure events ("Force Majeure Events"): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) pandemic; (f) action by any governmental authority; (g) national or regional emergency; (h) travel restrictions; (i) shortage of adequate power or transportation facilities; and (j) other events beyond the reasonable control of FSS or contributors. FSS shall give notice as soon as reasonably possible to all of FSS participants of the occurrence of a Force Majeure Event. FSS shall use diligent efforts to end the failure, interruption, or delay and ensure the effects of such Force Majeure Event are minimized. FSS shall resume or reschedule the performance of its obligations as soon as reasonably practicable after the removal of the cause.
DISPUTE RESOLUTION. In the unlikely event of a dispute arising from or relating FSS or this Agreement, the dispute shall be settled by binding arbitration in WI, which will occur via telephone by an arbitrator that is mutually approved by the parties. The costs of the arbitration will be shared equally by the parties; provided, that the prevailing party will be entitled to reimbursement by the other party of its reasonable costs and expenses incurred therein, including its reasonable attorneys’ fees and costs.
NON-DISPARGEMENT The parties agree that, unless required to do so by legal process, both parties will not make any disparaging statements or representations, either directly or indirectly, whether orally or in writing, by word or gesture, to any person whatsoever, about the other party or the other party's management, employees, independent contractors, agents, contributors, sponsors, or representatives, which includes any public review or post on any social media platforms and internet searches.
For purposes of this paragraph, a disparaging statement or representation is any communication which, if publicized to another, would cause or tend to cause the recipient of the communication to question the business condition, integrity, competence, good character, or product quality of the person or entity to whom the communication relates.
LIMITATION OF LIABILITY. YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. NEITHER, [YOUR BUSINESS NAME] NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, EMPLOYEES, CONTRIBUTORS, REPRESENTATIVES OR LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM AND THE INFORMATION AVAILABLE THROUGH THE PROGRAM OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE THROUGH THE PROGRAM. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE FIERCE SOCIAL SOCIETY AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, EMPLOYEES, CONTRIBUTORS, REPRESENTATIVES AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR PARTICIPATION IN THE PROGRAM.
CHOICE OF LAW. This Agreement shall be governed by the laws of the State of WI without regard to its conflicts of law provisions. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such provision had never comprised a part of this Agreement.
ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior agreements and understandings between the parties.
AMENDMENTS. Amendments to this Agreement. FSS may amend this Agreement from time to time. It is your responsibility to check this website periodically for changes to this Agreement. If FSS does amend this Agreement, the date at the top of this website indicates when this Agreement were last updated. Amendments to this Agreement will take effect on the date on which we publish the amendments on this website, and from then on will govern the relationship between you and FSS in respect of your use of this website. Continued access will constitute agreement to the updated terms.
EXECUTION. This Agreement may be executed by purchase of FSS and is fully binding.