Terms and Conditions of Use of Program:
Build Your Own Website Online Course
For good and valuable consideration of Four Hundred and Ninety Seven Dollars ($497) payable in 6 installments of Ninety-Seven U.S. Dollars ($97) / Five Hundred Eighty-Two U.S. Dollars ($582), Client has agreed to purchase the Be Your Own Website Designer Online Course (hereinafter “Course” or “Program.”) In exchange, Coach agrees to provide the services outlined in the Program Details below, and Program Outline Addendum attached hereto.
- Client agrees and understands that he/she is purchasing the Be Your Own Website Designer Online Course, a step by step course for creating your own WordPress Website. During the Course, Client will have immediate access to training videos and guides, downloadable “cheat sheets,” and 12 weeks of access to a private Facebook group to ask questions and get support and answers along the way. Client acknowledges that he/she has read the Program Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in Be Your Own Website Designer Online Course, as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Coach’s website.
- One-on-One Coaching Add-on: Client understands he or she has seen and either opted in or out of the “One-on-One Coaching” add-on, offered by Donna Mavromates, which, for an additional One Hundred and Ninety-Seven U.S. Dollars ($197), includes one hour total of email and additional personal access to Donna while you build your website. Client’s decision to opt in or out of this add-on does not impact the Program or Course in any way, and does not alter the original Program materials.
- Non- Disclosure
- In addition, Coach understands he/she may obtain confidential information about Client and his/her business throughout the course of the Program and any communication had between Coach and Client, and hereby agrees not to use, share, or otherwise reveal this information about Client, without Client’s express written consent.
- Client understands that following his or her participation, Coach may request Client provide a testimonial to be published on Coach’s website, or on various sales materials for this or another program created by Coach. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Coach and Client if Client refuses testimonial.
- If Client accepts and provides Coach with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Coach’s website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming same, and confirming Coach’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Coach an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Coach as part of a Testimonial.
- Client understands the cost of the program is Four hundred ninety-seven US dollars ($497) if paid upfront, in full, five hundred eighty two U.S. dollars ($582) if paid in six (6) Ninety-Seven dollar ($97) increments. Client understands he or she will voluntarily select the payment model based upon the button selected and payment completed at checkout, via www.mavrocreative.com. Client agrees to render payment via Sam Cart, which Client is automatically redirected to upon purchasing via Coach’s website. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via Coach’s website or a designated third party payment processor of Coach’s choosing, in full. Client agrees once he or she chooses a payment method, whether upfront or in monthly installments, Client may not change this method without the express, written consent of Coach to do so.
- If Client elects to pay via monthly installments, Client agrees to the following: Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) the remainder of the Program may be forfeited if payment is not made within five days of the date it is due, and (2) Client may owe late fees if he/she has not made the appropriate payment within the 5 day window.
- Coach reserves the right to cancel or cease working with Client should he/she fail to make additional payments in accordance with the payment plan as agreed upon at the beginning of the Program. Should this occur, Client understands she is not entitled to a refund of funds already issues to Coach in exchange for work completed thus far, and it is up to the sole discretion of Coach whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.
- If Client and Coach have not agreed upon a payment plan, Client understands this means one is not available, and agrees to provide payment in full, upfront, in the manner(s) designated on Coach’s sales page.
- Refund Policy
- Client may receive a full refund if within 30 days from the date of purchase client sends Coach:
- Completed downloaded sheets and forms provided in the course
- Proof that client purchased a domain name and hosting and followed the steps in the program to install WordPress on their site.
- Client has watched every video offered in the course (Coach may obtain this verification via IP login information available to Coach on the back-end of the course hosting platform).
- Client does not have a WordPress website that has at least 3 pages built.
- All of the above conditions must be met prior to Client being entitled to a full refund.
- If Coach is somehow unable to provide services as outlined on sales page, regardless of Client results, Coach or his/her team will be in touch regarding rescheduling, and/or discussing an alternative form of services, in order to fulfill obligations. If Coach is not able to reschedule, and no suitable alternative form of service is available, Client may be entitled to a partial refund, depending on the amount of work Coach and Client were able to complete. If partial services were performed, Coach and Client may come to an agreement whereby a partial refund is issued, at Coach’s discretion.
- Client may receive a full refund if within 30 days from the date of purchase client sends Coach:
- Client understands that given the “DIY” nature of this self-study course, Client must take action in order to see results. While many of Coach’s past and current clients have experienced wonderful benefits from this Course, and Coach and his/her team will act in their full capacity to ensure your success and happiness in the Program, Coach cannot guarantee results nor make any guarantees regarding individual results.
- Client agrees to hold Coach harmless if he or she does not experience the desired results. Client is entering into this agreement voluntarily and of his or her own free will, and readily understands that he or she may or may not experience results desired, or achieved by other clients of Coach.
- Client understands that all services provided by Coach in connection with the Course are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Course on a purely voluntary basis and does not hold Coach or Program responsible should Client become dissatisfied with any portion of Course.
- Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as Coach delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Coach and Client.
- Client also understands Coach is not a doctor, nurse, lawyer, financial adviser, psychic, licensed therapist, or otherwise, and agrees to hold Coach harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Course.
- Client understands and agrees that should Coach or Coach’s team provide any personal technical assistance to Client, including but not limited to editing, creating, updating, or fixing a portion of Client’s website or any technical component of his or her business, Client will hold Coach harmless for any inadvertent human errors made in the process. This may include (but is not limited to) inadvertently selecting an incorrect item on a dropdown menu during setup, or otherwise making an editable error of similar kind.
- Client also understands and agrees to hold Coach harmless from any issues – technical or otherwise – arising from the use of any programs or software systems chosen by Client, including but not limited to how Client wishes to take payment, automate email sequences, which CRM and website host to use, and other similar decisions made by Client. Coach may provide advice or tips with respect to which program or system to select, but Client agrees it is ultimately his or her decision, and agrees Coach is not liable or responsible for any malfunction or negative experiences associated with these systems.
- Review of Work: Client agrees he or she is responsible for reviewing any and all work completed by Coach prior to completion. Client understands should he or she fail to adequately review Coach’s work and an error is not caught prior to completion of work, or should Client and Coach fail to catch an inadvertent error, Coach is not responsible nor liable for any negative ramifications or effect of such error on Client’s business or experience, and Client agrees not to hold Coach responsible for same.
- Intellectual Property
- Client agrees and understands that Coach has created numerous original, creative works in connection with the Course, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Course, whether created prior to working with Client or specifically for Client. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Course.
- Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Coach or obtained through working with Coach, without Coach’s express written consent. If such behavior is discovered or suspected, Coach reserves the right to immediately end Client’s participation in the Course without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
- Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing the Course, she/he is gaining access to view all content and information available, as well as any additional information or content shared with him/her by Coach as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not:
- Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Coach;
- Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
- Share purchased materials, information, content with others who have not purchased them.
- Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
- Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Course, as well as any third party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation. Should Coach be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge.
- Dispute Resolution
- Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.)
- If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Massachusetts, within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
- Applicable Law
- This Agreement shall be governed by and under control of the laws of Massachusetts regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Massachusetts are to be applicable here.
- This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Coach, or a party authorized to sign on behalf of either party
PROGRAM OUTLINE ADDENDUM
Client understands, acknowledges, and agrees he/she is purchasing the Be Your Own (“BYO”) Website Designer Online Course. Once purchased, Client will have immediate access to the video tutorials and “cheat sheets,” as follows:
- Module 1: The Basics, includes a review of the differences between WordPress.com and WordPress.org, what a domain name is, information on hosting, and recommendations for how and where to purchase each one, and link them together.
- Module 2: The Plan, gives you the steps and information needed to properly plan your website, including content creation and organization, and why it’s so important!
- Module 3: Themes, includes all information about how to choose a WordPress theme, what they are, what to look for, and how to create a mobile responsive site.
- Module 4: Getting Started, will teach you how to install WordPress, as well as how to use and work with some of the important WordPress settings, how to use the Dashboard, and how to work with images on your site.
- Module 5: Building Your Site, includes sixteen (16) lessons that include everything you need to know to build an amazing WordPress website, including widgets, plugins, shortcodes, theme installation, and how to customize your pages, and more!
- Module 6: Website Maintenance, will teach you how to properly back up, update, and maintain your website. You’ll also learn about Google Analytics and Search Engine Optimization (SEO) to attract more people to your site!
- Downloadable “cheat sheets” within most modules
- Lifetime access to the course, including any and all new content or upgrades added
- BONUS trainings, including:
- How to setup an e-commerce storefront with WooCommerce
Client has carefully read this Program Outline and acknowledges that he/she is aware of what is, and what is not included within this Program. Client is aware that this Program Outline includes EVERYTHING included within the Program. If Client expected additional information, products, services, or other information to be provided in this Program but does not see it here, Client understands it may not be included. Coach is under no obligation to provide anything other than what is listed above, with the exception of updated or ever-changing Bonuses offered for limited periods of time. No edits or amendments may be made to this Program Outline Addendum without express written consent of both parties.
By completing the online purchase and being charged the amount listed above, Client confirms he or she has reviewed this Program Outline, completed any and all appropriate additional research, and asked any and all necessary questions of Coach and his/her team in order to feel appropriately educated of the Program and product/service being offered. Client understands he or she will not be entitled to a refund once completing this purchase for any reason, other than as discussed above.