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Terms of Participation

TERMS OF PARTICIPATION

Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by The Yogipreneur LLC DBA Racheal Cook MBA (“Company”, “we”, or “us”) and You and your business (“Client” or “You”) (each, a “Party” and, collectively, the “Parties”) agree to the follow terms stated herein.

MEMBERSHIP/SERVICE SCOPE OF SERVICES

Company agrees to provide Membership, “The CEO Collective™️” (herein referred to as “Membership”) identified in online commerce shopping cart. As a condition of purchasing, continued participation in the Membership, and continued access to the benefits and content provided by Company that are related to the Membership, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference, and you understand that both you and your business will be jointly and severally responsible for understanding and upholding the terms of this Agreement, and liable for any breach.

  1. As part of the Membership, the Company shall provide the following to Client:

Quarterly CEO Retreats: The Company shall deliver a quarterly CEO Retreat. You will have the opportunity to join us for each of these quarterly planning sessions as long as you are a member in good standing.

Monthly Trainings: The Company shall deliver monthly trainings related to the topics of business, marketing, sales, finance, systems, mindset, and productivity. You shall receive access to each training inside the Membership Site. No new trainings will be released the month of a CEO Retreat.

Live Group Coaching Sessions: The Company shall host 4 live Q&A coaching sessions a month facilitated by The CEO Collective team.

Access to The CEO Collective Training Vault including, but not limited to, the following programs: Sweet Spot Strategy, Get More Clients, Double Your Biz with Challenges, and Double Your Biz with Webinars.

Access to a Password Protected Membership Site Area: The Company shall maintain a Membership Area that will include video, audio and written lessons, templates, worksheets, checklists, slide decks and other training and support information. You shall have access to this Membership Area for as long as the Membership Area exists, unless you or we terminate your subscription. In the event that Company intends to close the Membership Area, it shall provide clients with a 30-day notice and the ability to download the resources contained in the Membership Area, which is what is referred to as “Lifetime Access” in our marketing materials.

Membership Participant Facebook Group: The Company shall create and maintain a closed Facebook group for students of the Membership. This is a community run group, meaning that students are encouraged to help each other. The Company employs a Community Team, who is charged with overseeing the group and ensuring that it runs smoothly.

From time to time, the Company will offer bonuses to individuals who sign up for the Membership. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the Membership and they vary depending on specific live and automated promotions throughout the year.

The CEO Collective membership services outlined above are hereafter referred to as “the Services” or “Membership”.

  1. The Membership may only be accesses while you are a current paying member of The CEO Collective.
  2. Any additional services provided by the Company to Client may require additional fees to be discussed and agreed upon by the parties.

Code of Conduct

Compliance, respect, and the adherence to all applicable laws and regulations remain core value of our Company. We have enacted, and you hereby agree to adhere to our Code of Conduct defining and outlining our firm commitment to not tolerate violations and to apply a zero tolerance policy for any non-compliance.

DISCLAIMER

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Membership.

Client understands Racheal Cook (herein referred to as “Consultant”) and Company, are not lawyers, doctors, managers, therapists, public relations or business managers, registered dieticians, financial analysts, psychotherapists, or accountants. Client understands that neither Company nor Consultant has promised, nor shall either be obligated to perform, or undertake the performance of, the following: (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this Membership. If the Parties wish to continue their relationship, they shall execute a separate agreement.

FEES

In consideration of Your access to the Membership, You agree to pay the an annual fee (paid monthly or annually) listed on the checkout page for the Membership you choose.

You may choose between an annual payment of $5,000 (due immediately) or 12 monthly payments of $500 (with option to renew annually at the same monthly payment rate).

The Company will lock in your annual or monthly payment amount for Your future Membership payments, even if we increase our prices in the future, so long as you continue to be an active subscriber without interruption in your Membership. However, if You or we terminate Your subscription at any time and You re-subscribe at a later date, You must purchase a new subscription at the current price.

Recurring monthly payments are due and will be charged to your card every 30 days (if paid monthly) or every year (if paid annually) for the duration of your membership.

If You choose monthly payments, you agree to continue making a monthly payments for the full year, after which it will be renewed annually until you request a cancellation according to the Cancellation Policy set forth below, or until we terminate your subscription in accordance with the termination clauses contained in this Agreement. In the event that any payment is not made by the due date, the Company shall immediately suspend Your access to the Membership.

If You have chosen an annual The CEO Collective subscription, the annual payment is due and Your subscription renews automatically at the end of twelve (12) months and Your debit/credit card will be charged the fee You chose at the time of purchase. Your subscription will be activated as soon as Your debit or credit card is successfully charged.

METHODS OF PAYMENT

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). Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly or annual fees, you must provide a new eligible payment method promptly or your Membership access will be removed.

You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

Since we have a clear and explicit Refund Policy that you have agreed to prior to completing the purchase of the Membership, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that 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, collection 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. Notwithstanding anything in this Agreement to the contrary, Company reserves the right to use and disclose your personal and sensitive information to third parties to the extent reasonably necessary to enforce its rights under this Agreement.  The information disclosed may include, but is not limited to, 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.

CANCELLATION AND REFUND POLICY

Due to the nature of The CEO Collective membership, when you join as a member, you are committing to a full 12 months in the program.

Why?

Because we have committed to your success by investing into a team of mentors and consultants as well as matching you with an intimate mastermind group for the duration of your membership.

Once you have registered for The CEO Collective, you will have the option to annually renew your membership at your current rate, even if we increase our prices in the future, so long as you continue to be an active member without interruption to your Membership.

However, if you or we terminate your membership at any time and you re-subscribe at a later date, you must purchase a new subscription at the current price.

If you would not like to renew your membership, you must notify the Company of your request to cancel at least 15 business day before your annual renewal date. Once we process your cancellation request, You will no longer be charged. Payments for the next billing cycle will not be refunded, so please make sure to cancel at least 15 business day prior to Your upcoming annual renewal date.

Upon cancellation of your membership, you will no longer have access to the members-only portal and will be removed from the Facebook Group prior to the last business day of the month in which your membership is active. All assets in the members-only portal are downloadable during the term of your active subscription.

No refunds are allowed under any circumstances.

If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: hello@rachealcook.com

USERNAME AND PASSWORD

To access certain features of the Membership, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself.

If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, misused Company’s legally protected intellectual property, including but not limited to its trademarks or copyrighted materials, or forwarded any non-public material from the Membership to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Membership, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.

CONFIDENTIALITY

The Company respects the privacy of its clients and will take reasonable steps not to disclose any information You provide except as set forth in this Agreement. As a condition of purchasing and participating in the Membership, you hereby agree to respect the privacy of other Membership participants and to respect the Company’s confidential and proprietary information.

Specifically, you shall not share, record, take images of, sell, disassemble, decompile, create derivative works from, or otherwise use any information provided by other Membership participants outside of the bounds of the Membership unless you receive express written permission from such other participant to use the information.

Similarly, the content of the Membership contains the Company’s proprietary methods, processes, forms, templates, and other confidential and sensitive information. You hereby agree not to share the information provided to You in the Membership with anyone other than the Company, its owners and employees, and other Membership participants. You further agree to not to share, record, take images of, sell, disassemble, decompile, create derivative works from, or otherwise use any information obtained from Company through the Membership, absent the express written permission from an authorized representative of Company.

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.

By posting or submitting any material in the Membership, such as questions, comments, posts, photos, images, videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old.

You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Membership or other content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any attribution, further permission from you, or compensation by us to you.  You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Membership at any time for any reason.

We will request your advance permission to use any photographs, videos, and or/audio recordings in which your face is recognizable, or to identify you by full name as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or us, for any purposes, including commercial purposes and advertising in connection with use of any of your content.

NO TRANSFER OF INTELLECTUAL PROPERTY; RESTRICTIONS ON USE OF COMPANY INTELLECTUAL PROPERTY

All content included as part of the Membership, such as text, graphics, logos, images, videos, worksheets, and guides, as well as the compilation thereof, and any software used in the Membership, is the property of the Company and/or its suppliers, affiliates, vendors, or licensors.   The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company and/or its affiliates, suppliers, vendors, or licensors.  All aforementioned content and property are protected by copyright, trademark, and other laws that are applicable to intellectual property and proprietary rights (“Protected Content”).

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Membership are the trademarks of their respective owners.

Your participation in the Membership does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Membership, You agree to observe and abide by all copyright and other intellectual property protections.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Membership content and resources for as long as your membership remains in good standing. You hereby agree that You will not copy, sell, display, distribute, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Membership.

The Company content is not for resale. Your participation in the Membership does not entitle you to make any unauthorized use of any Protected Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You explicitly agree to use Protected Content solely as an end-consumer, with one individual, and for non-competitive use, and will make no other use of the content without the express written permission of the Company and the intellectual property rights owner. You agree that you do not acquire any ownership rights in any Protected Content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property and misuse of Protected Content shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights or misuse any Protected Content, your access to the Membership will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

Your use of any Protected Content or materials found in the Membership in ways other than those expressly authorized in this agreement 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 Membership, per infraction, per piece of content used, in the event of your Unauthorized Use, or a minimum of $5,000 per infraction, per piece of content used if you did not pay fees for the Membership, in addition to any legal or equitable remedies the Company may be entitled to pursue.  By purchasing and/or continuing to access the Membership you expressly agree that it would be impossible, impractical, or extremely difficult to assess and fix the actual damages Company would suffer as a result of the Unauthorized use, and therefore you agree that the damages detailed in this section are not penalties, but are agreed upon and reasonable damages for the Unauthorized Use.

You agree that liquidated damages assessed and/or paid would not preclude other remedies Company may seek in either law or equity, and any Unauthorized Use or violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.

INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Membership, which provides education and information. The information contained in the Membership, including any interactions with the instructors, is not intended as, and shall not be understood or construed as professional advice.

FORCE MAJEURE

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemics, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

SEVERABILITY/WAIVER

If any term or provision of this Agreement is found by a duly appointed factfinder, arbitrator, or court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

MISCELLANEOUS

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Membership and/or any information and resources contained in the Membership. You agree that the Company shall not be liable to you for any type of damage, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Membership.

The information, software, products, and services included or available through the Membership may include inaccuracies or typographical errors. Changes are periodically added to the information in the Membership. The Company and/or its suppliers may make improvements and/or changes in the Membership at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Membership for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Membership, with the delay or inability to use the Membership or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Membership, or otherwise arising out of the use of the Membership, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Membership or any portion of it, your sole and exclusive remedy is to discontinue using the Membership.

IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID TO COMPANY IN THE ONE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO ANY GIVEN CLAIM.

NON-DISPARAGEMENT

The Parties agree and accept that the only venue for resolving any dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees, agents, representatives, or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, publish, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

You further agree that neither You nor anyone acting on your behalf will publish, post, or otherwise release any material in written or electronic format, make speeches, gain interviews, or make public statements that mentioned Company, its Membership, operations, clients, customers, employees, vendors, products, or services without the prior written consent of an authorized representative of Company.

ASSIGNMENT

Client may not assign this Agreement without expressed written consent of Company.

MODIFICATION

Company may modify terms of this agreement at any time, and you hereby agree to be bound by any future modifications (“Modifications”). All Modifications shall be posted on the The Yogipreneur LLC DBA Racheal Cook MBA’s website and purchasers and current members shall be notified of such changes.  You expressly agree that your purchase and continued use of the Membership and/or its related content is contingent upon your acceptance of these Modifications, and that your purchase and continued use of the Membership and/or its related content is your affirmative acceptance of any current Modification.  Should you not accept any Modifications, your Membership will be immediately terminated and you must immediately cease further use of the Membership, Membership related materials, and Protected Content, and send Company a written notification of your election to refuse acceptance of the Modification to hello@rachealcook.com.  Further use of any Protected Content after your refusal to accept a Modification will be considered Unauthorized Use, and will be subject to liquidated damages and other legal ramifications as specified in this Agreement.

TERMINATION

The Company reserves the right, in its sole discretion, to terminate your access to the Membership and the related services or any portion thereof at any time, if You become disruptive to the Company or other Membership participants, if You fail to follow the Membership guidelines or Code of Conduct, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees in the event of such termination, and you shall continue to be responsible for any unpaid Membership fees that would have been payable to Company in the event your membership had remained intact, absent any renewals.  In the event that Company terminates your membership due to your disruption, failure to follow the Membership guidelines, malfeasance, wrongdoing, or violation of this Agreement, all rights, licenses, privileges, and benefits granted to you under this Agreement shall be immediately revoked and you shall return all Membership and Protected Content back to Company. Your further use of the Membership, its contents, or Protected Content shall be considered Unauthorized Use and shall be subject to liquidated damages and other remedies that are specified in this Agreement.  The restrictions imposed on you in these Terms with respect to the Membership intellectual property will still apply now and in the future, even after termination by you or the Company.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTIES FOR ANY LOSSES, COSTS, LIABILITIES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATING TO OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE MEMBERSHIP AND RELATED SERVICES, ANY USER POSTINGS MADE BY YOU, YOUR VIOLATION OF ANY TERMS OF THIS AGREEMENT OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. THE COMPANY RESERVES THE RIGHT, AT ITS OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH THE COMPANY IN ASSERTING ANY AVAILABLE DEFENSES.

RESOLUTION OF DISPUTES, ARBITRATION, AND CHOICE OF LAW

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Membership. To the extent that you attempt to assert any such claim, or Company seeks to enforce its rights under this Agreement, both Parties expressly agree to the following:

THIS AGREEMENT AND ALL RELATED DOCUMENTS, INCLUDING ALL EXHIBITS ATTACHED HERETO, AND ALL MATTERS ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SOUNDING IN CONTRACT, TORT, OR STATUTE, ARE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF VIRGINIA, UNITED STATES OF AMERICA, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PROVISIONS THEREOF TO THE EXTENT SUCH PRINCIPLES OR RULES WOULD REQUIRE OR PERMIT THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THOSE OF THE STATE OF VIRGINIA.

UNLESS REMEDIES HAVE BEEN EXPLICITLY PROVIDED FOR OTHERWISE IN THIS AGREEMENT AND THE AGGRIEVED PARTY SEEKS TO ENFORCE ITS RIGHTS EXCLUSIVELY, AT ITS SOLE DISCRETION, IN ACCORDANCE WITH THOSE REMEDIES, AND EXCLUDING SUITS FOR INJUNCTIVE RELIEF, THE EXCLUSIVE MEANS OF RESOLVING THROUGH ADVERSARIAL DISPUTE RESOLUTION ANY DISPUTES ARISING OUT OF THIS AGREEMENT SHALL BE AS FOLLOWS:

FOR ANY DISPUTE, CLAIM OR CONTROVERSY UNDER $25,000 IN VALUE ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, EITHER PARTY MAY DEMAND THAT ANY SUCH DISPUTE BE RESOLVED BY ARBITRATION ADMINISTERED BY FAIRCLAIMS (WWW.FAIRCLAIMS.COM) IN ACCORDANCE WITH ITS ARBITRATION RULES & PROCEDURES EFFECTIVE AT THE TIME A CLAIM IS MADE, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

FOR ANY DISPUTE, CLAIM OR CONTROVERSY AT LEAST $25,000.00 IN VALUE ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, EITHER PARTY MAY DEMAND THAT ANY SUCH DISPUTE BE RESOLVED BY ARBITRATION BEFORE ONE (1) ARBITRATOR, ADMINISTERED BY EITHER JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND IN ACCORDANCE WITH THE EXPEDITED PROCEDURES IN THOSE RULES, OR BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, WHICHEVER IS CHOSEN FIRST. 

EACH PARTY HEREBY EXPRESSLY CONSENTS TO ANY SUCH DISPUTES BEING SO RESOLVED BY THESE ARBITRATION TERMS, AND THAT ALL PROCEEDINGS BE EXCLUSIVELY CONDUCTED ELECTRONICALLY VIA SECURE VIDEO CHAT, WHEN AVAILABLE.  IF ELECTRONIC ATTENDANCE IS NOT AVAILABLE, ALL ARBITRATION HEARINGS SHALL BE CONDUCTED IN ANY SUITABLE FACILITY LOCATED IN THE RICHMOND, VIRGINA AREA.  YOU CONSENT TO ELECTRONIC SERVICE OF PROCESS, WITH SERVICE TO BE MADE TO THE EMAIL ADDRESSES ON FILE WITH COMPANY.

EACH PARTY EXPRESSLY AGREES THAT: (X) VIDEOCONFERENCING CONSTITUTES AN ACCEPTABLE MEANS OF COMMUNICATION PERMITTED BY THE APPLICABLE RULES, INCLUDING THOSE AT THE JURIDICAL SEAT OF THE ARBITRATION; (Y) THE PARTIES HAVE AGREED TO THE USE OF VIDEOCONFERENCING AS THE MEANS FOR CONDUCTING THE ARBITRAL HEARING; AND (Z) NO PARTY WILL SEEK TO VACATE ANY RESULTANT ARBITRAL AWARD ON THE BASIS THAT THE ARBITRAL HEARING WAS NOT HELD IN PERSON.

THE PARTIES AGREE THAT IN THE EVENT OF CONFIRMATION AND ENFORCEMENT, THE DELINQUENT PARTY WILL BE RESPONSIBLE FOR ANY ATTORNEY, COURT, OR OTHER FEES ASSOCIATED WITH SUCH ACTION.

JUDGMENT ON THE AWARD RENDERED IN ANY ARBITRATION HEARING SHALL BE BINDING AND ENTERED IN ANY COURT HAVING JURISDICTION.  THE ARBITRATOR SHALL HAVE THE POWER TO RULE ON HIS OR HER OWN JURISDICTION, INCLUDING ANY OBJECTIONS WITH RESPECT TO THE EXISTENCE, SCOPE, OR VALIDITY OF THE ARBITRATION AGREEMENT OR TO THE ARBITRABILITY OF ANY CLAIM OR COUNTERCLAIM. 

THE ARBITRATOR SHALL HAVE THE POWER TO DETERMINE THE EXISTENCE OR VALIDITY OF A CONTRACT OF WHICH AN ARBITRATION CLAUSE FORMS A PART. SUCH AN ARBITRATION CLAUSE SHALL BE TREATED AS AN AGREEMENT INDEPENDENT OF THE OTHER TERMS OF THE CONTRACT. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING ARBITRATION TERMS SHALL BE ENFORCED.

IN THE EVENT THAT EITHER PARTY DEMANDS ARBITRATION FOR ANY DISPUTE, BOTH PARTIES SHALL BE OBLIGATED TO THE ARBITRATION PROCEDURES CONTAINED HEREIN AND UNDERSTAND THAT DECISIONS RENDERED BY THE ARBITRATOR(S) ARE NON-APPEALABLE.  IN THE EVENT THAT NEITHER PARTY DEMANDS ARBITRATION, THE PARTIES AGREE THAT THE COURTS LOCATED IN RICHMOND, VIRGINIA WILL BE THE SOLE AGREED VENUE FOR LITIGATION NECESSARY TO ENFORCE THE AGREEMENTS SET FORTH HEREIN.

NOTHING IN THIS AGREEMENT SHALL PREVENT COMPANY FROM APPLYING TO AND OBTAINING FROM ANY COURT HAVING JURISDICTION A TEMPORARY INJUNCTION, PRELIMINARY INJUNCTION, PERMANENT INJUNCTION OR OTHER EQUITABLE RELIEF AVAILABLE TO SAFEGUARD AND PROTECT ITS INTEREST AND PREVENT IMMEDIATE LOSS.  COMPANY SHALL ALSO BE ENTITLED TO FILE IN ANY COURT HAVING JURISDICTION ANY SUIT NECESSARY TO ENFORCE A DECISION OR AWARD RESULTING FROM ANY ARBITRATION OR OTHER PROCEEDING.

THE ARBITRATOR OR ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO JOIN OR CONSOLIDATE CLAIMS OR DISPUTES AGAINST COMPANY WITH OTHER POTENTIAL OR ACTUAL CLAIMANTS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

EACH PARTY EXPRESSLY ACKNOWLEDGES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT, INCLUDING EXHIBITS, SCHEDULES, ATTACHMENTS, AND APPENDICES ATTACHED TO OR INCORPORATED INTO THIS AGREEMENT, IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH SUCH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, ATTACHMENTS OR APPENDICES ATTACHED TO OR INCORPORATED INTO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY.

THE TERMS CONTAINED IN THIS SECTION SHALL SURVIVE TERMINATION OF THE AGREEMENT.

EARNINGS DISCLAIMER

Every effort has been made to accurately represent this Membership.

The Membership, Membership contents, Company’s website, and the products and services offered by Company are not associated, affiliated, endorsed, or sponsored by Facebook, nor have they been reviewed tested or certified by Facebook.

There is no guarantee that you will earn any money using the techniques and ideas expressed in the Membership or its contents. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, services, ideas, and techniques. We do not position our Membership, products, or services as “get rich schemes.”

Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.

Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.

OUR MINIMUM GUARANTEES

If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact hello@rachealcook.com

Updated 9/9/2020