Busy Season Strategy Session
TERMS and CONDITIONS

Last updated: November 27, 2024

Please read these Terms of Purchase (“Terms”) carefully before completing your purchase of the Busy Season Strategy Session (“Program”) from Cherie Tripp LLC (the “Company”, “we”, “our”).

The Program may include live coaching calls via live video stream or video conferencing software; course content and materials; guides, resources, checklists available for viewing or download; or other information and materials furnished by the Company (collectively, “Content”) and access to a website or platform owned or maintained by us, including but not limited to the online software platforms that we use to distribute our Program, a group on any social media platform, or similar online community (the “Site”).

By purchasing access to the Program, you agree to abide by these Terms and our Website Terms & Conditions, Privacy Policy, and Disclaimers (collectively, these “Terms”). By completing your purchase and accessing or using the Program, you agree to be bound by these Terms. If you disagree with any part of these Terms, you should not complete your purchase. In the event of any conflict between these Terms and the Website Terms & Conditions, Disclaimers, or Privacy Policy, these Terms shall control.

You must be at least 18 years of age or older to purchase from the Company.

PAYMENT POLICY

1. Payment Policy

In consideration for your access to the Program, you agree to pay for the Program in full (including all applicable sales and other taxes or fees) as indicated on the sales and checkout pages for the Program and for providing the Company with a valid credit card, debit card, or other payment method.

To complete your purchase, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and (ii) the information you supply to the Company is true, correct and complete.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal
transaction is suspected including purchases made with pre-paid credit cards. The Company reserves the right to refuse or cancel your order at any time for any reason, including but not limited to Program or service availability, errors in the description or price of the Program or service, or errors in your order.

We may use third-party services for the purpose of facilitating payment and the completion of your purchase. By submitting your information, you grant the Company the right to provide your payment information to these third parties subject to our Privacy Policy.

REFUND POLICY

Due to the digital and informational nature of the Program, refunds are NOT granted for the Program. If you initiate a chargeback, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency at our sole discretion.

DISCLAIMER

1. Not Professional Advice

The information contained in the Program is not intended as, and shall not be understood or construed as, professional advice. The Program is for educational and entertainment purposes only. The Program should not be construed as medical, legal, financial, or any other type of professional advice. While the Company’s representatives and/or employees may be professionals and the information provided in the Program relates to issues within their area(s) of professionalism, the information contained in the Program is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation.
You acknowledge that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is your exclusive responsibility to seek such independent professional guidance as needed. If you are currently under the care of a mental health professional, you should promptly inform the mental health care provider of the nature and extent of the coaching relationship involved in the Program.
You acknowledge that coaching is not intended to take the place of medical advice, diagnosis, or treatment from a health care professional. Exercise, diet, and health-related matters vary from person to person. Nothing in the Program shall be considered, construed as, or used as a substitute for, medical advice, diagnosis, or treatment. Any action taken based on information or coaching provided in the Program is solely at your own discretion, risk, and liability. You should always consult the appropriate health professionals on any matter that is related to your health and well-being before proceeding with any action pertaining to health-related issues.

The Company and its representatives and employees have done their best to ensure that the information provided in the Program is accurate and to provide valuable information. Regardless of anything to the contrary, nothing in the Program should be understood as a recommendation that you should not consult with a professional to address your particular situation. The Company expressly recommends that you seek advice from a professional.
The Company shall not be liable or responsible for any errors or omissions in the Program or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

2. No Professional-Client Relationship

Your purchase of the Program does not create a professional-client relationship between you and the Company or any of our professionals. You recognize and agree that your purchase of the Program does not create any professional-client relationship.

3. Your Personal Responsibility

By using the Program, you accept personal responsibility for the results of your actions. You assume all the risk of your access to the Program and/or the Site and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to you. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Program. You understand coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended in the Program.

CONFIDENTIALITY

We will not disclose any information you provide except as set forth in these Terms and as further provided in our Privacy Policy https://www.cherietripp.com/privacy-policy.

You further agree to respect the Company’s confidential information. The content of the Program contains our proprietary methods, forms, templates, and other information. You agree not to share the information provided to you in the Program with anyone other than the Company and other purchasers of the Program.

You acknowledge that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and communications between you and your coach or between you and other coaching participants are not subject to the protection of any legally recognized privilege.

YOUR MATERIALS AND CONTRIBUTIONS

By submitting a comment, photo, video or other material(s) to the Site, you grant to the Company a non-revocable, commercial license to republish your submission in whole or in part unless you explicitly state that we may not do so with said submission. You have no right to privacy related to your actions in accessing the Program or related materials or participating on the Site, and the Company reserves the right to disclose your participation in the same.

You must own the copyright to any image(s) you use on the Site or in the Program. You grant the Company a non-revocable, commercial license to any image(s) you submit to us by default, such as a Facebook profile photo or other profile image you voluntarily provide in accessing the Program or the Site, or that you provide voluntarily upon our request. Such a default or voluntary release of your image and likeness may be used for any reasonable future business use.

The Company is not obligated to notify you or anyone of our use in our own publications of photographs or other images that you submit to us by default or voluntarily.

INTELLECTUAL PROPERTY

The Program, the Content, and the Site contain intellectual property owned by the Company, including trademarks, copyrights, proprietary information, and other intellectual property, such as text, video, graphics, design, logos, images, and the compilation thereof. The Company name, the Company logo, the Company slogan, and all related names, logos, Program and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. The Company reserves all rights in and to its common law and registered trademarks, service marks, copyrights, and other intellectual property rights, to all intellectual property included in the Program, the Content, and the Site (“IP”).

All other names, logos, Program and service names, designs and slogans in the Program are the trademarks of their respective owners.

Your purchase of the Program does not result in a transfer of any intellectual property to You. As a condition of your purchase and use of the Program, You agree to observe and abide by all copyright and other intellectual property protection. The Company grants You a single-use, non-exclusive, non-transferrable, revocable, royalty-free license to access and use the Content for your personal or internal business use. You agree that You will not modify (except as such modification may be necessary for completing or filling out templates or forms for Your authorized use), publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Content or Program, or offer any competing Program or services based upon any information contained in the Program.

The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of the IP. You agree not to delete or alter any proprietary rights or attribution notices in any of the IP. You will use the IP solely for your individual or internal business use and will make no other use of the IP without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any of the IP. The Company does not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You agree that any infringement of the Company’s IP shall result in an immediate termination of the license granted in these Terms. If you make any unauthorized use of the Company’s IP, your access to the Program will be terminated immediately and you shall not be entitled to a refund of any portion of the purchase price.

EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by You, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms. The Company may, without waiving any other remedies under these Terms, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the mediation referenced below. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Massachusetts for purposes of any such action by the Company.

LIMITATION OF LIABILITY

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE COMPANY MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED WITH RESPECT TO THE PROGRAM. In no event shall the Company be liable to You for any direct, indirect, consequential or special damages, 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. The Company’s entire liability for any breach of these Terms, and Your sole remedy, shall be limited to the purchase price actually paid by You to the Company.

NO WARRANTIES

WE MAKE NO WARRANTIES AS TO THE PROGRAM. YOU AGREE THAT THE PROGRAM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAM WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

NON-DISPARAGEMENT

If you are found to be slandering, libeling or otherwise disparaging the Company, Program, or related materials, your access to the Program will be immediately revoked. The Company reserves the right to file a civil claim of action against you for any such damaging actions you take that materially harm the Company.

INDEMNIFICATION

You shall indemnify and hold the Company 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, attorney’s fees, arising out of your breach of any of these Terms, your use of the Program, the Site, the Content, or your failure to maintain the confidentiality and/or security of your password or access rights to the Site and the Program. You shall provide the Company with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing the Company 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. You recognize and agree that the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.

FORCE MAJEURE

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.


HEADINGS; SEVERABILITY

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of these Terms are held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.

ENTIRE AGREEMENT; WAIVER

These Terms, together with the Privacy Policy and Disclaimers, constitute the entire agreement between you and the Company pertaining to the Program and supersedes all prior and contemporaneous agreements, representations, and understandings between us. Any waiver by the Company of a breach of or right under these Terms will not constitute a waiver of any other or subsequent breach or right. No waiver shall be binding unless executed in writing by the Company.

ALTERNATIVE DISPUTE RESOLUTION

You agree to notify the Company of any concerns or issues regarding the Program, and to give the Company an opportunity to resolve those concerns or issues. If you and the Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then you explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action. You agree that your good faith participation in Mediation or other Alternative Dispute Resolution is a condition precedent to filing any civil cause of action.

GOVERNING LAW; JURISDICTION

These Terms shall be construed in accordance with, and governed by, the laws of the State of Massachusetts, and the courts of Middlesex County, Massachusetts shall have jurisdiction to hear and determine any dispute arising in relation to these Terms. You agree that any proceeding relating to the Program must be filed exclusively in the appropriate courts located in Middlesex County, Massachusetts and you submit to the jurisdiction of those courts and waive any objection based on an inconvenient forum or other reasons.

ALL RIGHTS RESERVED

All rights not expressly granted in these Terms are reserved by the Company.

CONTACT

If you have any questions about any term of these Terms, please contact us at cherie@cherietripp.com