FRENCH KISS LIFE, INC. PROGRAM
TERMS AND CONDITIONS OF USE
(THIS IS IMPORTANT — PLEASE READ)
Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any French Kiss Life, Inc. d/b/a School of Self Image digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, mastermind, or training, or enter any online private forums operated by French Kiss Life, Inc. d/b/a School of Self Image (for any purpose), whether on a website hosted by French Kiss Life, Inc. d/b/a School of Self Image or a third-party website such as an online course platform or facebook.com (collectively “the Program”).
If you do not agree with these TOU, you may not use the Program.
As used in these TOU, the term “Releasees” is defined to include the following: (i) French Kiss Life, Inc. d/b/a School of Self Image, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively “the Company”); (ii) any Company volunteers; (iii) Tonya Rising (iv) Brooke Castillo; and (v) Alfonso Benson.
1. The Program
As part of the Program, you will receive the services outlined on the web page where you register, or listed in your member portal. The Company may modify the services and elements included in the Program from time to time, in its sole discretion, in order to provide updated content and materials, respond to member feedback, or improve the Program.
The Company reserves the right to offer additional Program elements from time to time, for any subgroup of participants. These additional Program elements are a bonus, not a part of the services included in the base version of the Program. The selection of the participants who may participate in any additional Program elements is at the sole discretion of the Company.
You are only eligible to join the Program if you currently identify as a woman or you were raised and socialized as a woman and are at least eighteen (18) years of age. Some of the content in this Program may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of eighteen (18).
If you wish to participate in another session of the Program in the future or purchase any other products, programs or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.
a. Payment Terms Applicable for all Services
You agree to the fees and payment schedule selected at checkout and authorize the Company to charge either annual or monthly automatic recurring payments from the payment method you provide at checkout.
If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
If payment is not received when due, the Company reserves the right to terminate your access to the Program and all Content, as defined below, immediately and permanently.
If you fail to make any payment in a timely manner or voluntarily withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you have chosen. The Company reserves the right to charge a late fee on all balances more than thirty (30) days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
b. Membership Payment Terms
If you elect the annual payment option, your payment for that year is charged upon checkout. One (1) year from the date of purchase you authorize the Company to automatically charge the annual renewal for your continued participation in the Program. If, for example, you join on April 28, 2022, your card would be charged April 28, 2023, and so on until you terminate your participation in the Program. You may submit an e-mail to firstname.lastname@example.org thirty (30) days prior to your automatic renewal date to convert to the month-to-month payment option. You may cancel your participation in the program at any time, as outlined in the Termination or Cancellation paragraph below.
If you elect the monthly payment option, your first payment will be due upon checkout. The recurring monthly payment will be charged to your card on the same calendar day each month. If, for example, you join on April 28, 2022, your card will be charged again on May 28, June 28, and so on until you terminate your participation in the Program. You can cancel at any time before the next month’s payment is charged by sending an email to email@example.com. In the event you do cancel, default or late payments will be due immediately.
c. Payment Plan Terms
If you have opted to pay for the Program via installment payments in a payment plan, your first payment will be due upon checkout. The recurring monthly payment will be charged to your card on the same calendar day each month. If, for example, you join on April 28, 2022, your card will be charged again on May 28, June 28, and so on until you fulfill the terms of your payment plan.
PLEASE NOTE: In the event you decide to cancel or the Company terminates your participation in the Program, any remaining installment, default, or late payments in your payment plan will be due immediately. Even if you withdraw from the Program prior to its conclusion, or if the Company terminates your participation due to your violating these TOU, you are required by law to complete the remaining payments of your payment plan.
Your satisfaction with the Program is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Program we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Program and no refunds will be provided to you at any time. By using and/or purchasing our Program, you understand and agree that all sales are final and no refunds will be provided.
Company reserves the right, in its sole discretion, to determine how to discipline a participant who violates these TOU. Therefore, if a participant disagrees with how the Company disciplines another participant and requests a refund, the Company will deny such request.
Furthermore, if a participant violates these TOU, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these TOU. If a participant disagrees with the Company offering another participant a second opportunity to follow these TOU, no grounds for a participant to receive a refund would be created, and any request for a refund on this basis shall be denied.
If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these TOU, the Company may terminate your access and participation in the Program without notice and without refund.
The Company may offer additional Program elements for a subgroup of participants (i.e. women, minorities, other demographic groups). The Company reserves the right, in its sole discretion, to offer member participation in these additional Program elements to specific participants. If a participant is denied participation in these additional Program elements, no grounds for a participant to receive a refund would be created and any request for a refund on this basis will be denied.
Since we have a clear and explicit refund policy in these TOU that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
5. Promotional Codes
The Company may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes only apply to qualifying items. Promotional codes are limited time offers. Promotional codes are non-transferable and may not be resold. Promotional codes are not redeemable for cash, credit, or and cannot be applied toward previous purchases. There is no cash alternative.
Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per participant. Promotional codes are void where prohibited. The Company may terminate or modify any promotional codes at any time in its sole discretion, regardless of whether a participant receives the code directly from the Company or from a third party.
Your violation of these TOU will render the promotional code invalid.
6. Intellectual Property Rights
a. Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
b. The Company’s Limited License to You
If you view, purchase or access any Program or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Program and Content for your own personal purposes or your own business only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third party money. By downloading, printing, or otherwise using the Program or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Program or Content shall constitute infringement.
You must receive our written permission before using any of the Program or Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags 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 any express written license, are reserved by us.
c. Unauthorized Use
Your use of any materials found in the Program or Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use. You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling th