Terms and Conditions
This Terms and Conditions ("T&C") Agreement (“Agreement”) is between Susan Brown ("Sue Brown-Moore", also "Sue", "our", "we", "us"; includes her designates) doing business via the website suebrownmoore.com ("Website") and You (“User” or “you”) regarding a program you wish to purchase from us or content you view on the Website.
Please read these Terms and Conditions carefully. We may amend this Agreement at any time, without notice. By using the Website and viewing any of the information contained therein (its "Content") you are agreeing to the T&C as they appear, whether or not you have read them. If we send you a revised version of the T&C for a Program at the email address you provide us, you automatically become bound by the latest version of the Agreement unless you withdraw from the Program. In such case, you have an affirmative duty to notify us of any changes to your email address, and to review any changes to the Agreement. If you do not agree with these T&C, please do not use our Website or its Content.
By purchasing a program, course, product, or service (the “Program”) via the Website, you expressly agree to be bound, without modification, to this Agreement. If you do not agree to be bound to this Agreement, do not purchase the Program. If you are purchasing the Program on behalf of an organization, you warrant that you are authorized to bind that organization to legal agreements, and as such, that organization accepts this Agreement, and all the terms of this Agreement apply to that organization.
This Agreement was last modified on August 5, 2020.
You will receive the services and/or materials as described on the webpage for the Program that you purchased.
You must be willing to review all Program materials and participate fully in the Program to achieve results. You understand that any abusive, negative, or inappropriate conduct with us or any of the other Program members is a material breach of this Agreement. If you receive any one-on-one coaching services as part of the Program, you agree to comply with all guidelines regarding scheduling of sessions, and you agree to show up on time and well-prepared for all sessions.
The Program may include membership in an online forum such as a privately hosted group (e.g. on Heartbeat). If so, you agree to comply with the rules of the Program's online forum, including:
- you will not use the online forum to post spam, including promotions or advertisements for other products and services;
- you will not use the online forum to abuse, defame, harass, threaten, or post objectionable or illegal content, including hate speech and pornography;
- you will only post content that you own or have a license to post; you will not post content that infringes on a copyright or trademark;
- we may moderate, edit, or delete posts at any time, at their sole discretion;
- and we may ban a member from the group at any time for violating the above rules, without any refund or appeal.
These rules of conduct also apply to the Comments section of the lessons inside the Program.
Any information you provide to us and other members in a forum group is not confidential. However, you agree that you will respect the privacy of fellow Program members and will not repost or share the information provided by a fellow Program member with any third party, including on the Internet or via social media.
By participating in our Programs and using our Program Materials, including any official online communities (such as a Facebook page or group), you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice, and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our current or future Programs and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
You agree to pay the fee(s) for the Program as described on the Program webpage. Overdue amounts, including bounced payments or chargebacks, will be assessed a late payment charge at a monthly rate of 1.5% or the maximum provided by law, whichever is less. You understand that if a payment is late, charged-back, or declined for any reason, you will no longer have access to the Program until the late payment is rectified. We will have the right to recover expenses including chargeback fees, collection costs, and reasonable attorney’s fees incurred in the collection of overdue amounts. You understand and agree that you are responsible for the payment even if you choose not to utilize the Program.
Each Program has a refund policy as specified on the sales page for the Program. If no individual refund policy is specified for a Program, the general refund policy, detailed below, below will apply.
No-Refund Policy: Digital goods purchased as a self-contained Program (such as a virtual workbook) are non-refundable, in part and in full, even if you paid a higher price than the current offer. High-touch and one-on-one Programs are non-refundable. Fees paid for one-on-one work (such as consulting and coaching) and high-touch, limited-seat Programs are non-refundable because your payment holds a place in a limited Program to provide services in lieu of taking other clients or participants. As such, fees paid for such services are non-refundable.
Sue Brown-Moore owns the copyrights and other intellectual property rights over any materials provided in the Program under this Agreement. You have a license to use such materials only for your own individual, private use. You are not allowed to reproduce, share, distribute, or sell these materials, including on the Internet or via social media.
If you purchase a Program or view or access our Website or any of its Content, you will be considered our Licensee and you agree that:
- You will not copy, duplicate, or steal our Website, Content, or Programs, in part or in full. You understand that doing anything with our Website or its Content that is contrary to these T&C and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law.
- You may not in any way at any time use, copy, adapt, imply, or represent that our Website or its Content is yours or created by you, in part or in full. By downloading, printing, or otherwise using our Website Content for personal use, you in no way assume any ownership rights of the Content; it is still our property.
- You must receive our written permission before using any of our Website Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link, or any other electronic means) any Website Content. These actions will be considered acts of theft.
- We are granting you a limited license to enjoy our Website and its Content for your own personal use, not for your own business/commercial use, unless we give you written permission that you may do so (such as limited licenses provided to official Website or Program affiliates). You will not duplicate, share, trade, sell, or otherwise distribute our Content, Programs, or Program Materials to any other person or entity.
- The trademarks and logos displayed on our Website or its Content are trademarks belonging to us, unless otherwise indicated. Any use—including framing, meta tags, or other text utilizing these trademarks or other trademarks displayed—is strictly prohibited without our written permission.
All rights not expressly granted in these terms, or in any express written license, are reserved by us.
No Guarantees or Warranties
The Program is for your education and information. We cannot and do not guarantee that any specific results will be obtained from the Website Contents or any Program, purchased or free, because your results involve factors beyond our control, including your experience, current business conditions, and future efforts. We disclaim any warranties as to the availability, completeness, or accuracy of the materials. We also disclaim any warranties of fitness for a particular purpose, merchantability, or non-infringement.
Waiver of Consequential Damages
No party will be liable to another party or any person, firm, corporation or other business association claiming by, through, or under any theory of tort, contract, strict liability, or other legal or equitable theory for lost profits, exemplary, punitive, special, incidental, indirect, or consequential damages, whether or not any party or entity has been advised of the possibility of such damages.
Your Warranties and Indemnification
You warrant that any materials you upload to a Program-associated online forum do not infringe upon the copyright, trademark, trade secret, publicity rights, or other intellectual property interests of any other person or property and are not in violation of any laws or regulations of any applicable jurisdiction. You agree to indemnify us against all claims and damages arising out of your breach or alleged breach of any representations, warranties, or agreements made by you under this Agreement and your participation in the Program.
Neither Party will be liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is precipitated by causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, government regulations or controls, casualty, government authority, strikes, terrorism, hacker attacks, widespread internet outages, or acts of God, in which event the non-performing party will be excused from its obligations for the period of the delay and for a commercially reasonable time thereafter.
None of the terms of this Agreement can be waived or modified except by an express agreement in writing signed by all the parties. Failure to enforce any provision of this Agreement or any of the rights herein will in no way be considered a waiver of such provisions or rights.
This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral agreements between them with respect to the subject matter contained herein.
No Assignment or Transfer
You may not assign, sub-license, or transfer this Agreement (including your login/password information) to any other person or entity. Sharing your login information with any other person is a material breach of this Agreement.
Choice of Law
This Agreement will be governed by and construed in accordance with the laws of the State of California.
It is expressly agreed by you and Sue Brown-Moore that any controversy or claim arising out of or relating to this Agreement or the breach thereof will be settled by arbitration administrated by the American Arbitration Association, in accordance with its rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In any arbitration arising out of or related to this Agreement, the arbitrator(s) will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement will not in any way be affected or impaired.
Reporting Copyright Infringement (DMCA)
We comply with the terms of the Digital Millennium Copyright Act. To report a claim of copyright infringement, please send a claim to our official agent at firstname.lastname@example.org, containing the following information:
- Your contact information (name, mailing address, phone number).
- A description of the copyrighted work that you believe was infringed.
- A description of the content on the Website that you believe is infringing your copyright. If possible, please include a web address/link.
- A declaration that: you have a good-faith belief that the use of the copyrighted materials described was not authorized by the copyright owner, agent, or the law; that the information in your notice is accurate, and that you declare, under penalty of perjury, that you are the owner of the allegedly infringed copyright or you are authorized to act on behalf of the copyright owner.
- Your digital or physical signature.
Any questions about the Agreement can be directed to: email@example.com.