Program Terms & Conditions
June 10, 2022
OVERVIEW
You have purchased a Fiona Flyte Global program.
Due to the nature of the program and/or service provided, all sales are final. There are no refunds.
All conversations in the Facebook Community, on Zoom Calls and within the program will be kept private and confidential or Fiona Flyte Global has the right to terminate service and take legal action.
Results are not guaranteed and will vary by participant.
Fiona Flyte Global is the sole right owner of all content in all programs created by Fiona Flyte and Fiona Flyte Global.
When you purchase access to this service you are purchasing a non-transferable, non-exclusive right to access the information. You may not publish, share or otherwise disseminate the service, method or your login details with any other person or entity.
You shall not copy, re-sell, sublicense, rent out, share or otherwise distribute the program, whether modified or not, to any third party.
If you do not uphold the agreement to this service Fiona Flyte Global reserves the right to seek lawful action as well as terminate service immediately.
PLEASE READ ENTIRE TERMS OF PURCHASE BELOW.
By participating in this program (“the Program”), purchasing this course, or accessing the Program Member Site (“Site”) you are agreeing to the following terms.
Please read this Agreement carefully before accessing or using Fiona Flyte Global’s (the “Company”) proprietary materials which includes any written, audio, or visual presentations or documents associated with the Program.
If you do not understand or do not accept this agreement, please do not access any of the Company’s proprietary materials and immediately contact us at [email protected].
This Service Agreement is entered into and effective as of the date of Program purchase by (“Student”).
In consideration of Student purchasing Program, it is agreed as follows:
1. Scope of Service
Program will be delivered live or prerecorded by Fiona Flyte. Program is either taken passively or taught in a group setting. No
2. Student Duties
(a) Compensation. In consideration for the Services provided by Company to Student as set forth in Section 1 above, Student agrees to pay the current program fee at the time of joining as a one lump sum payment or payment plan. In the event that any authorized charge applied by us to your card fails, you remain responsible for payment as agreed to, as well as any penalty/late fees as detailed below.
If you select a payment plan, you understand that the subsequent payments will be charged to your account every thirty (30) days, beginning 30 days from the date of the first payment.
(b) Late Payment Fee. If any fee outlined in this Agreement remains unpaid on the 7th day following its due date, a late fee of ten percent (10%) of the payment due will be assessed; a late fee will be assessed following each subsequent 7-day period. Company reserves the right to restrict your access to the Services or terminate your participation in the Program unless and until all outstanding fees have been paid in full.
(c) Payment Security and Chargebacks. To the extent that Student provides Company with credit/debit card(s) information for payment on Student’s account, Company shall be authorized to charge Student’s card(s) or account(s) for any unpaid charges on the dates set forth in this Agreement.
If Student selects the multiple payment/installment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client agrees to not dispute any charges at any time. In the event that Client inadvertently disputes a charge made to the account, Client agrees to immediately cancel/withdraw such a dispute. Client agrees to not cancel the credit/debit card that is provided as security without Company’s prior written consent. Client is responsible for any fees, including attorney’s fees, associated with recouping payment on disputes and any collection fees associated with such an event.
(d) Tools to be Provided by Student. Student agrees to provide all tools, information, and documentation that may be required by Company to effectively perform said Services.
(e) Student understands that Student’s success in the Program is dependent upon Student’s level of participation in the Services. In order to get the most out of the Program, Student must also work to implement the tools and strategies learned throughout the Program and make considerable efforts toward Student’s own development on Student’s own time during the term of the Program. Student is responsible for requesting support from Company when needed.
3. Term
Term will depend on type of program and be delivered as advertised.
4. Communication
Communication in our Program is of the utmost importance. All communication will take place via e-mail.
Our contact info is as follows:
E-mail: [email protected]
All communications will be acknowledged/responded to within 24-48 hours, not including weekends or holidays.
5. Cancellations and Refunds
(a) Student may cancel participation in the Program at any time for any reason by providing written notice to Company. Upon cancellation, access to the Program and Services will be terminated. However, cancellation of participation and/or this Agreement by Student will not extinguish the Student’s obligation to pay the full program fee. Student will remain obligated to pay all remaining unpaid program fees in full.
(b) In the event that Student engages in abusive or unprofessional behavior in the Program, towards representatives of Company or other Program members, Company reserves the right to cancel Student’s membership and terminate access to the Services, without notice. No refund will be provided in the event that this takes place. Student will remain obligated to pay all remaining unpaid program fees in full.
(c) Company may decide to terminate the Program at any time. In the event that Company decides to do so, Company shall release Student from any further financial obligation under the Contract. This does not include the circumstances described in Section 5(b).
(d) Student’s failure to effectively participate in the Program is not grounds for a refund.
(e) Rescheduling. Group sessions/calls will be scheduled by Company. In the event that Student cannot attend a scheduled call, Student may inform Company, however, the call will take place at the scheduled time. Student will receive access to a recording of the call within 72 hours of the call taking place. Student is not entitled to a partial or full refund in the event that Student misses a live call.
In the event that Company cannot host the scheduled call at the previously scheduled time due to illness, travel, or other unexpected circumstances, Company will make a reasonable effort to reschedule the call for a later or earlier date and will notify Student via email and the Facebook Group.
(f) All sales are final. There are no refunds for this program. Student understands that disputing a charge through his or her financial institution is a violation of this Agreement and agrees to not do so. Please refer to Section 2(c) for our payment dispute policy.
(g) The Program and Term cannot be paused or placed on hold for any reason without the written authorization of Company.
(h) Force Majeure. Notwithstanding the above, the Company may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of Company that materially affects the Services provided in this Agreement, including:
1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, or infestation); or
2. War, invasion, act of foreign enemies, embargo, or other hostility (whether declared or not); or
3. Any hazardous situation created outside the control of either party such as a riot, disorder, pandemic or epidemic, nuclear leak or explosion, or act or threat of terrorism.
In the event that Section 5(h) applies, Company will be permitted to make a reasonable effort to reschedule calls/sessions/etc. as needed in order to comply with the terms of this Agreement, however, will not be found in breach if this is not possible due to the circumstances.
6. No Guarantees
(a) We cannot guarantee the outcome of the Services and/or participation in the Program. We make no guarantees other than that the Services described in Section 1(a) shall be provided to you in accordance with this Agreement. Student acknowledges that Company cannot guarantee any results of the Services/Program as such outcomes are based on subjective factors (including, but not limited to, Student’s participation) that cannot be controlled by Company. Any testimonials or reviews shared by Company are not a representation of guaranteed results, only possible results. Student not achieving his or her desired results is not grounds for a refund.
(b) From time to time, and upon Student’s request, Company and/or its representatives may provide Student with recommendations or referrals for third-party service providers. Company in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.
(c) Affiliate links. Company may provide Student with affiliate links under which Company may benefit monetarily. Company in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.
(d) Technical issues. In the event that the learning materials provided via the online learning platform (Kajabi, Google Docs, Teachable, etc.) are inaccessible, Company shall have 72 hours to re-deliver access to Student.
7. Confidentiality
(a) Student Information. Any and all Student information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know how, business and process information (“Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing Student with the services specified here without Student’s express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the Student’s Confidential Information.
(b) Participant Information. Student agrees to keep confidential any Confidential Information, as defined in paragraph 6(a), shared by fellow participants in the Program (“Participants”). Any Confidential Information shared by Participants is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Student agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Student agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Student will keep Participants’ Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
(c) Company Information. Student agrees to keep confidential any Confidential Information, as defined in paragraph 7(a), shared by Company in the Program. Any Confidential Information shared by Company, its employees or contractors is confidential, proprietary, and belongs solely and exclusively to Company. Student agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Student agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Student will keep Company’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
(d) Non-Disparagement. Student shall, during and after the participation in the Program, refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. This provision in no way restricts a Student’s ability to communicate reviews or performance assessments about Company’s goods or services.
(e) Violations of Confidentiality. Student agrees that if Student violates or displays any likelihood of violating this paragraph 6 the Company and/or the other Program Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.
8. Independent Contractors
(a) Independent Contractor Relationship. This Agreement shall not render Company an employee, partner, agent of, or joint venturer with the Student for any purpose. Company is and will remain an independent contractor and service provider in its relationship to the Student. Company is or remains open to conducting similar tasks or activities for entities other than the Student and holds itself out to the public to be a separate business entity. Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under this Agreement. Company will not be required to follow or establish a regular or daily work schedule. Company will not rely solely on the equipment or offices of Student for completion of tasks and duties set forth pursuant to this Agreement. Any advice given to Company regarding services performed for the Student shall be considered a suggestion only, not an instruction. Company and Student agree to conform to any and all IRS tests necessary to establish and demonstrate the independent contractor relationship between Student and Company.
(b) Taxes & Benefits. Company will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Student shall not be responsible for withholding taxes with respect to Company’s compensation. Company shall have no claim against Student for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
9. Ownership of Intellectual Property
(a) IP Ownership. Student agrees that the Program contains proprietary content (“Intellectual Property”) that is owned solely by Company and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. Company retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the universe in any and all mediums. Company grants Student a license to use the Intellectual Property solely for Student’s own noncommercial purposes. Student agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan, or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, Student agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Company’s Intellectual Property (including any and all content) or that in any way violates Company’s Intellectual Property, without Company’s written consent. Any registered or common law trademark, service mark, logo or tagline used in conjunction with the Program is property of the Company. Student may not use such trademarks or service marks for any purpose except with written permission by Company.
The Profitable Performer Revolution™, The Profitable Performer™, The Profitable Performer Process™, The 3 “M” Framework™, Mindblowing Manifestation Magic™, Content Explosions™, Facebook on Fire™, YouTube Domination™ and Fiona Flyte Global™ are trademarks of Fiona Flyte Global. The Profitable Performer Revolution™ is a copyrighted work of Fiona Flyte Global.
(b) No Resale of Services Permitted: Student agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferrable or assignable without the Company’s prior written consent.
(c) Student agrees to not share access to the materials with others. This includes parties that have not purchased access to the Program, or any other third party that Company has not granted access to.
(d) Recordings. All group calls and meetings are recorded by Company. Student may access these recordings via the online forum or other means provided by Company. Student agrees and consents to the recording of any calls, meetings, or conversations which take place as part of this Agreement. Company reserves all rights in any and all recordings.
10. Warranties
(a) Company’s Warranties. Company represents, warrants, and covenants that, Company has full authority to enter into this Agreement and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.
(b) Student’s Warranties. Student represents, warrants, and covenants that Student has full authority to enter into this Agreement and has or will obtain all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Student’s obligations or duties, whether performance is due now or during the Term.
(c) Except for the express warranties provided throughout these terms, neither party makes any other warranties, express or implied.
11. Limitation of Liability
(a) In no event shall Company have any liability to Student for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not either party has been advised of the possibility of such damage; and
(b) In no event shall Company’s liability to Student exceed the fees paid by Student under these terms, whether in contract, tort, or under any other theory of liability.
(c) The limitations in this Section 11 shall not apply to a breach of confidentiality by a party to this Agreement or the obligations under paragraphs 7 and 8.
(d) Student understands that the information presented in the Program is not legal, financial, therapeutic, or medical advice and Company is not a law firm. All of the information provided throughout the Program and Services including the resources delivered via phone/video conference, e-mail, in the online forum, live events including webinars and video/audio recordings educating about business, laws, and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional.
12. Entire Agreement; Modification
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties.
No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.
13. Neutral Construction
This Agreement was prepared by Company and/or Company’s legal counsel. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because they were prepared by its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.
14. Changed Terms
Parties may amend this Agreement only by mutual Agreement and in writing, signed and agreed to by both parties.
15. Assignment
This Agreement shall be binding on the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Student may not assign any of its rights under this Agreement.
16. Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Fiona Flyte Global
PO Box 4582
Culver City, CA 90230
E-mail: hello @ fionaflyte.com
To Student at Student’s mailing and/or e-mail address provided at the time of purchase.
Any party may change its address for purposes of this Section by giving the other parties written notice of the new address.
17. Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any proceeding based on or arising out of this Agreement shall be United States County, California. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, after a good faith effort to resolve such dispute amicably. Parties shall share in the costs of mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
18. Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
19. Severability
Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected & will continue in full force and effect.
CONTACT
For any questions regarding the terms and conditions, please contact us:
- By email: hello @ fionaflyte.com
- By mail: PO Box 4582 Culver City, CA 90230
