Terms of Service
ABUNDANT LIFE MENTORING
Abundant Life Mentoring
User Agreement for Abundant Life Mentoring Courses and Coaching
IMPORTANT: READ THIS CAREFULLY BEFORE ACCESSING OR USING ABUNDANT LIFE MENTORING’S PROPRIETARY MATERIALS, WHICH INCLUDES ANY AUDIO AND/OR VISUAL PRESENTATIONS, AND/OR PROGRAMS ASSOCIATED WITH ABUNDANT LIFE MENTORING. BY ACCESSING OR USING THE PROGRAM, YOU ACKNOWLEDGE THAT:
- YOU HAVE READ THIS AGREEMENT
- YOU UNDERSTAND IT, AND
- 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 ABUNDANT LIFE MENTORING’S PROPRIETARY MATERIALS, INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH ABUNDANT LIFE MENTORING, AND CONTACT US IMMEDIATELY AT GREG@ABUNDANTLIFEMENTORING.COM.
This agreement (the “Agreement”) is entered into on ______________ (“Effective Date”) by and between Abundant Life Mentoring, LLC, located at 3123 E. 5225 N. Liberty, Utah 84310 USA (“ABUNDANT LIFE MENTORING”), and ___________________________ (“You”) and _____________________(“Your Spouse”), located at _____________________________(“YOU” or “YOUR”) (collectively the “Parties” and individually “Party”).
WHEREAS, ABUNDANT LIFE MENTORING is engaged in the business of teaching marriage improvement techniques intended to help couples improve their marriages.
WHEREAS, YOU and/or YOUR Spouse desire to engage ABUNDANT LIFE MENTORING to provide marriage improvement coaching services to YOU and/or YOUR Spouse in the form of webinars, audio and/or visual presentations, and periodic personal coaching and evaluation.
NOW, THEREFORE, in consideration of the promises and mutual covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
SECTION 1: Membership and Program Fees
1.1 Program. Under the terms of this Agreement, ABUNDANT LIFE MENTORING agrees to provide marriage improvement coaching services to YOU and/or YOUR Spouse for eight weeks in the form of webinars, audio and/or visual presentations, and periodic personal coaching and evaluation (the “Program”) in exchange for a fee (the “Program Fee”), which will be determined according to Paragraph 1.2 below. Your and your spouse’s access to the Program is conditional on ABUNDANT LIFE MENTORING’s receipt of the Program Fee.
1.1.1. Term. This Agreement will commence upon YOUR and YOUR Spouse’s acceptance of this Agreement and payment of the Program Fee. YOU and YOUR Spouse agree and understand that upon commencement of this Agreement, YOU and/or YOUR Spouse will become enrolled in the Program, which will continue as long as both parties (You and/or Your Spouse and Abundant Life Mentoring) agree. Either party may terminate activity in this program at any time.
1.1.2. Termination. ABUNDANT LIFE MENTORING may immediately terminate this Agreement at any time in its discretion upon written notice to YOU and/or YOUR Spouse, which may be sent via email. Notwithstanding anything to the contrary herein or otherwise, the provisions of this Agreement concerning indemnification, non-disclosure, Confidential Information, Intellectual Property, disclaimer of warranties, and limitation of liability shall survive the termination of this Agreement.
1.2 Program Fee. By entering into this Agreement, YOU and/or YOUR Spouse agree and understand that you are committing to pay ABUNDANT LIFE MENTORING
One (1) Payment of $150.00 for the Foundation Course
One (1) Payment of $500.00 for the Marriage Mastery Course
One(1) Monthly Payment of $100 for the Momentum Coaching Program
One (1) Payment of $1500.00 for the Transformation Coaching Program
1.3. Promotional Material. By entering into this Agreement, YOU and/or YOUR Spouse affirmatively agree and acknowledge that ABUNDANT LIFE MENTORING may at any time reproduce and/or disseminate any testimonial describing or otherwise referencing, either directly or indirectly, YOUR and/or YOUR Spouse’s experience in the Program, including any specific results experienced by YOU and/or YOUR Spouse over the course of YOUR and/or Your Spouse’s participation. YOU and/or YOUR Spouse agree and acknowledge that this includes any written statements you and/or your spouse may publish through 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 related to the Program. YOU and/or YOUR Spouse further represent and warrant that any statements or testimonials that you or your spouse make shall be correct, accurate, and truthful. Additionally, YOU and/or YOUR Spouse irrevocably and permanently grant, assign and convey to ABUNDANT LIFE MENTORING the right to use, broadcast, distribute, and exhibit any form now or later developed, including publications for promotion on website entries and social media sites, YOUR and/or YOUR Spouse’s name, likeness, image, photograph, voice, and video as related to and in conjunction with YOUR and/or YOUR Spouse’s attendance of any Program event and/or participation in the Program (collectively “YOUR or YOUR Spouse’s Materials”). YOU and/or YOUR Spouse irrevocably and permanently waive any right to royalties or other compensation arising from or related to the use of YOUR and/or YOUR Spouse’s Materials.
1.4. No Refunds. ABUNDANT LIFE MENTORING abides by a strict no-refund policy. By entering into this Agreement, YOU and/or YOUR Spouse agree and understand that you are permanently waiving the right to seek or claim any refund of the Program Fee. YOU and/or YOUR Spouse further acknowledge, represent, warrant and agree that, by entering into this Agreement, YOU and/or YOUR Spouse are taking full responsibility for YOUR and YOUR Spouse’s own success and therefore YOU and/or YOUR Spouse will not request a refund.
1.5. Commitment to the Program. By entering into this Agreement, YOU and/or YOUR Spouse commit and agree to faithfully execute all of the lessons, assignments, and course work in the Program to the best of YOUR and YOUR Spouse’s ability. YOU and YOUR Spouse further agree to attend all scheduled Q&A and coaching sessions included as part of the Program. YOU and YOUR Spouse also acknowledge that creating results requires tremendous effort and that YOU and YOUR Spouse are prepared and committed to faithfully make that effort.
SECTION 2: INDEMNIFICATION AND NO WARRANTIES
2.1. Success not Guaranteed. By entering into this Agreement, YOU agree and understand that ABUNDANT LIFE MENTORING is only granting YOU and YOUR Spouse access to the Program, which attempts to teach YOU and/or YOUR Spouse marriage improvement techniques intended to help YOU and/or YOUR Spouse improve YOUR and YOUR Spouse’s marriage. ABUNDANT LIFE MENTORING guarantees no specific results. YOU and YOUR Spouse take full responsibility for YOUR and YOUR Spouse’s own success. YOU and YOUR Spouse acknowledge that everyone’s success is different and depends on numerous factors, including, but not limited to, YOUR and YOUR Spouse’s own commitment, dedication, and motivation. Any examples of improvements or testimonials are not meant as a promise or guarantee of YOUR or YOUR Spouse’s own improvements or success, and YOU and YOUR Spouse should not rely upon them in any manner whatsoever. Please be aware that YOU and YOUR Spouse may experience loss of income and declining marital satisfaction by using this Program. In other words, YOU and YOUR Spouse are completely and totally responsible for YOUR and YOUR Spouse’s own success, and there is a risk YOU and YOUR Spouse may lose money and marital satisfaction may decline.
2.2. Disclaimer of All Warranties. ABUNDANT LIFE MENTORING HEREBY DISCLAIMS, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE PROGRAM, ALONG WITH ANY ANCILLARY SERVICE, IS BEING PROVIDED “AS IS,” WITHOUT ANY TYPE OF WARRANTY WHATSOEVER. IF YOU ARE A CALIFORNIA RESIDENT, BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
2.3. Limited Liability. In no event will ABUNDANT LIFE MENTORING be liable to YOU and/or YOUR Spouse or any party related to YOU and/or YOUR Spouse for any damages, including damages for loss of income or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if ABUNDANT LIFE MENTORING has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
2.4. Indemnification. YOU and/or YOUR Spouse will, and YOUR own expense, defend, indemnify, and hold ABUNDANT LIFE MENTORING, its officers, members, managers, agents, attorneys, and employees, harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of, related to, or in connection with YOU and/or YOUR Spouse being granted access to the Program and/or ABUNDANT LIFE MENTORING’s provision of any service.
SECTION 3: Confidentiality
3.1. Confidentiality. Subject to the terms and conditions herein, only YOU and/or YOUR spouse are being granted access to the Program, and during the Program you will be exposed to ABUNDANT LIFE MENTORING”s proprietary and/or confidential information (collectively “Confidential Information”). Unless specifically and expressly authorized by this Agreement, YOU and/or YOUR Spouse shall not use, teach, sell, disclose, reveal, provide, or make available to any third party any of ABUNDANT LIFE MENTORING’s Confidential Information, including, but not limited to, materials (whether in electronic form or made available to YOU in private social media groups, or otherwise), documentation, techniques, formulas, methods, processes, algorithms, code, software, designs, uses, apparatuses, notes, trade and service marks, trade dress, trade secrets, images, video, audio, intellectual property, or any login member credentials. YOU warrant, represent, and agree to (i) hold the Confidential Information in trust and confidence and avoid the disclosure or release thereof to any other person or entity by using the same degree of care as YOU and/or YOUR Spouse use to avoid unauthorized use, disclosure, or dissemination of YOUR and/or YOUR Spouse’s own confidential information for any purpose whatsoever except as expressly contemplated under this Agreement. ABUNDANT LIFE MENTORING (or its licensor) shall at all times retail all rights, ownership, title, and interest in any Confidential Information.
3.2 Intellectual Property. YOU and/or YOUR Spouse acknowledge that any and all intellectual property, including — but not limited to, Confidential Information, audio and visual presentations, documentation, images, designs, works made for hire, marks, trademarks, trade secrets, and any other materials or elements associated with the Program and/or Sales System (collectively the “Intellectual Property”) — is the sole intellectual property of ABUNDANT LIFE MENTORING. YOU and/or YOUR Spouse further acknowledge and agree that, as between YOU and/or YOUR Spouse and ABUNDANT LIFE MENTORING, ABUNDANT LIFE MENTORING and its third-party licensors own and shall continue to own all right, title, and interest in and to the Intellectual Property. Except for the limited, revocable license expressly granted to YOU and/or YOUR Spouse herein, this Agreement does not grant YOU and/or YOUR Spouse any ownership or other right or interest in or to any Intellectual Property or any intellectual property rights of ABUNDANT LIFE MENTORING, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that ABUNDANT LIFE MENTORING uses in connection with services rendered by ABUNDANT LIFE MENTORING are marks owned by ABUNDANT LIFE MENTORING. This Agreement does not grant YOU any right, license, or interest in such marks or Intellectual Property, and YOU and/or YOUR Spouse shall not assert any right, license, or interest in such marks or Intellectual Property that are confusingly similar thereto.
SECTION 4: Miscellaneous
4.1. Non-transferability. The right and obligations under this Agreement are personal to YOU and/or YOUR Spouse. YOU and/or YOUR Spouse may not assign or transfer any rights or obligations under this Agreement.
4.2. Indemnification. YOU and/or YOUR Spouse will, at your own expense, defend, indemnify, and hold ABUNDANT LIFE MENTORING, its agents, attorneys 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 this Agreement and/or YOUR and/or YOUR Spouse’s access or participation in the Program.
4.3. Integration. This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and/or YOUR Spouse and ABUNDANT LIFE MENTORING concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, promise or understanding relating to the Program, whether oral or written. YOU and/or YOUR Spouse represent, warrant, and agree that YOU and/or YOUR Spouse are not relying upon any prior proposal, sales call, representation, promise or understanding relating to the Program, whether oral or written.
4.4 Modification. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof, and is modifiable only by a duly signed written instrument.; however, ABUNDANT LIFE MENTORING 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.abundantlifementoring.com/terms.
4.5. Waiver; Binding Effect; Counterparts. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of ABUNDANT LIFE MENTORING, its officers, members, managers, agents, or employees, except by duly signed written instrument. The failure of ABUNDANT LIFE MENTORING to enforce any provision of this Agreement shall not constitute a waiver of the future enforcement of that provision and shall not constitute a waiver of the enforcement of any other provision. The Parties represent and warrant that they are authorized to execute this Agreement and that this Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the Parties and their heirs, legal, legal representatives, successors, and assigns. The Parties further agree that this Agreement may be executed in any number of counterparts, all the counterparts shall be deemed to constitute one instrument, and each counterpart shall be deemed an original. Facsimile and pdf copies of signatures shall serve as originals.
4.6. Governing Law and Jurisdiction. This Agreement and any disputes relating to this Agreement shall be governed and construed in accordance with the laws of the United States of America and the State of Utah, without regard for its conflicts of laws principles. Jurisdiction and Venue for any dispute concerning, involving, or in any way related to this Agreement shall lie exclusively in the federal and state courts of Utah State, located in the County of Weber. The Parties expressly waive any objections to such jurisdiction and venue and irrevocably consent and submit to the personal and subject matter jurisdiction of such courts in any action or proceeding. However, this Agreement and/or any court order or judgment arising out of or related hereto shall be enforceable in every state and worldwide.
4.7. Remedies. In the event of a breach or threatened breach by YOU and/or Your Spouse of any of the provisions of this Agreement, YOU and/or YOUR Spouse hereby consent and agree that ABUNDANT LIFE MENTORING shall be entitled to obtain, as a matter of right hereby granted, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that monetary damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.
4.8. Enforceability; Severability; Construction. The invalidity of any portion of this Agreement whether declared invalid by a court or otherwise shall not affect the validity of the remainder of the Agreement. If a court of competent jurisdiction should find the provisions of any provision of this Agreement to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. The language in all parts of this Agreement will be construed as a whole according to its fair meaning and not strictly for or against any Party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any amendments hereto.
4.9. Attorney’s 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 hereof, 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 attorney’s fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).
BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, STRICT NO-REFUND POLICY, AND CONFIDENTIALITY.