NEW DAY CHALLENGE
User Agreement for the New Day Challenge 21-Day Program
SECTION 1: Membership and Program Fees Summary
When you pay us the agreed amount, you get access to all the things you purchased. If for some reason we need to terminate this agreement, we’ll let you know beforehand.
You have awesome stories and we’d like to share some of those with others, and let people know what great work we’ve done together. When you share your experiences, you’re giving us permission to use or copy it for testimonial purposes. We only use this to build community, let potential clients know about the amazing, life-changing work we have done together, and promote the program. We will never use your full name without your permission. Most of the time we try to use your first name and how long you have been with your romantic partner who is also in this program. You’re responsible for the content you share, and you’re vouching to us that it’s all okay to use. If any of this is unclear, you can contact us for more details.
We don’t give refunds. Period.
SECTION 2: NO WARRANTIES Summary
Your success is up to you! As with everything in life, how much you put in determines how much you will get out of this program.
If something bad happens as a result of your using our program, we’re not liable.
You are committed to the program and what it takes to get the results.
SECTION 3: Confidentiality Summary
This program is like Vegas. What happens here, stays here. You partner get access, but you may not share it with anyone else in any way.
This stuff all belongs to Kardos Creations, LLC. You may not use it as your own. If you want to use it for something, get our permission first and we’ll see about making it happen.
SECTION 4: Miscellaneous Summary
You bought this program. It belongs to you and no one else.
If you do something that winds up getting us sued, you have to help defend us and pay for it.
We can update our agreement any time and will post the newest version on our site.
We’re located in Seattle, and any disputes with us have to be handled in Seattle under Washington State law.
These are our official terms and our rules for how things work. (So if you ever see confusing or conflicting information about any of this stuff, just check these terms — they’re the last word.) Thanks so much for reading them!
IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING THE NEW DAY
CHALLENGE’S PROPRIETARY MATERIALS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH TTHE NEW
DAY CHALLENGE’S 21-DAY PROGRAM. BY ACCESSING OR USING THE PROGRAM(S), YOU ACKNOWLEDGE THAT
YOU HAVE READ THIS AGREEMENT,
YOU UNDERSTAND IT, AND
THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
IF YOU DO NOT AGREE, DO NOT UNDERSTAND, OR DO NOT ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE ANY OF THE NEW DAY CHALLENGE’S PROPRIETARY MATERIALS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH THE NEW DAY CHALLENGE’S 21-DAY PROGRAM, AND CONTACT US IMMEDIATELY AT Eri@EriKardos.com
This Agreement (“Agreement”) is a legal contract between Kardos Creations, LLC., located at 4213 S. Bateman St. Seattle, WA, United States, 98118 (“KARDOS CREATIONS, LLC”), and “YOU”, as stated in the purchase agreement, an individual (collectively the “Parties”).
WHEREAS, KARDOS CREATIONS, LLC is engaged in this business of client coaching services; and
WHEREAS, YOU desire to engage KARDOS CREATIONS, LLC to provide relationship coaching services to YOU in the form of Webinars, Audio and/or Visual Presentations, e-mails, and periodic personal and group coaching;
NOW, THEREFORE, the Parties agree as follows:
SECTION 1: Membership and Program Fees
1.1. Programs: Under the terms of this Agreement, KARDOS CREATIONS, LLC agrees to provide relationship coaching services to YOU in the form of Webinars, Audio and/or Visual Presentations, e-mails, and periodic personal coaching and evaluation (“Program(s)”) in exchange for a Program Fee. Program Fees will be determined according to paragraph 1.2. below. Your access to such Programs is made conditional on payment of such Program Fee.
1.1.2. Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in New Day Challenge 21-Day Program.
1.1.3. Termination: KARDOS CREATIONS, LLC may terminate this Agreement at any time in its discretion upon notice to YOU. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity.
1.2. Program Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay KARDOS CREATIONS, LLC a one-time lump sum of $21 for access to and use of THE NEW DAY CHALLENGE 21-Day Program with unlimited access to the pre-recorded course content.
1.3. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by KARDOS CREATIONS, LLC, YOU affirmatively agree and acknowledge that KARDOS CREATIONS, LLC may at any time reproduce and/ or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such Program(s), including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program(s). You further represent that any such statements or testimonials that you make shall be correct, accurate, and truthful.
1.4. No Refunds: KARDOS CREATIONS, LLC abides by a strict, no refund policy. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by KARDOS CREATIONS, LLC. YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), YOU are taking full responsibility for YOUR OWN success. Thus, YOU agree that you will not request a refund.
SECTION 2: NO WARRANTIES
2.1. Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that KARDOS CREATIONS, LLC provides Program(s) related to life coaching only and guarantees no specific results. YOU take full responsibility for YOUR own success. Further, you acknowledge that everyone’s success is different, and dependent on factors such as your own drive, dedication, mindset, and motivation. Any examples of personal success or testimonials are not meant as a promise or guarantee of your own personal success. Please be aware that you may experience challenges by using the Program. In other words: we do not guarantee results, you are responsible for your own success, and there is an inherent risk.
2.2. Limited Liability: In no event will KARDOS CREATIONS, LLC be liable to YOU or any party related to you for any damages, including any special, indirect, incidental or consequential damages of any kind, or for losses of use, data, profit, revenue, income, business, anticipated
savings, reputation, and more generally, any losses of an economic or financial nature,
whether these may be deemed as consequential or arising directly and naturally from
the incident giving rise to the claim, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if KARDOS CREATIONS, LLC has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
2.3. Commitment to the Program: By accepting the terms of this Agreement, YOU commit and agree to faithfully execute and participate in all of the daily challenges. You also acknowledge that creating results requires tremendous effort and you are prepare and committed to faithfully make that effort.
SECTION 3: Confidentiality
3.1. Confidentiality: Only authorized users who have duly obtained access to any Programs offered by KARDOS CREATIONS, LLC by personally agreeing to the terms of this Agreement are permitted use and participate with such Programs. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
3.2. Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System are the sole Intellectual Property of KARDOS CREATIONS, LLC under United States copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and KARDOS CREATIONS, LLC, KARDOS CREATIONS, LLC and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/ or Visual Presentations, Documentation,and other elements of the Webinar System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, or any other intellectual property rights of KARDOS CREATIONS, LLC, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that KARDOS CREATIONS, LLC uses in connection with services rendered by KARDOS CREATIONS, LLC are marks owned by KARDOS CREATIONS, LLC. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
SECTION 4: Miscellaneous
4.1. Non transferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
4.2. Indemnification: YOU will, at your own expense, defend, indemnify, and hold KARDOS CREATIONS, LLC, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program of this Agreement.
4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and KARDOS CREATIONS, LLC concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with KARDOS CREATIONS, LLC relating to the Program, whether oral or written.
4.4. Amendment: KARDOS CREATIONS, LLC reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at www.EriKardos.com.
4.5. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America and the State of Washington. The venue for any dispute shall be in the County of King (Seattle).
4.6. Attorneys’ Fees and Legal Expenses: If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party’s costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered.
BY AGREEING TO THE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.