TERMS OF USE FOR

Please read these Terms of Use carefully before purchasing, accessing or using any of our Programs, Products and Services.

TERMS AND CONDITIONS

Marcela Landon LLC DBA Activate High Ticket Captivate to Activate Accelerator Group Coaching Program By clicking “Complete Order,” or any other phrase on the purchase button, and entering credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you  (“Client”) agree to be provided with products, programs, or services by Marcela Landon LLC DBA Activate High Ticket (“Company”), and the Client are entering into a legally binding agreement with the Company, subject to the following terms and  conditions: 

  1. Terms of Use

Upon execution of this Agreement, electronically, verbally, or otherwise, the  Company agrees to provide services described herein as Captivate to Activate Accelerator (“Program”). The scope of services delivered by the Company pursuant to this Agreement shall be limited to those described as follows: self-paced course plus group coaching calls at a time and frequency as determined solely by the  Company.  

1.1 Content and Client Success.

The Company reserves the right to substitute comparable services to the Program for the Client if circumstances make such substitution appropriate, necessary, or to add value to the Program. Such circumstances may include but not be limited to vacation or other time off by the principal(s), employees, and agents of the Company, coaching calls led by guest content contributors, or unforeseen circumstances, the necessity of which will be determined solely by the Company. The Client is responsible for his/her own success within the Program, by completing the action items within the Program,  attending and participating in coaching calls, and presenting any clarification,  questions, or requests to the Program leaders.  

1.2 Scope and Non-Representation.

From time to time, The Program may have expert contributors who are licensed professionals. Program content may from time to time educate the Client as to considerations relating to legal, financial, and other expert subjects that may be relevant to the Client’s business. This information in no way constitutes legal, financial, medical, or any other professional advice to the Client. Purchase of the Program in no way creates a  fiduciary relationship, nor privilege in any way. Neither the Company nor its content contributors represent the Client in any capacity. Any legal or professional services topics discussed in the Program are for informational purposes only. The Client agrees to seek advice from their own attorney,  accountant, and/or professional service provider to determine what if any course  of action is appropriate for the Client and the Client’s unique circumstances. 

1.3 Permitted Use.

The Program is for the Client’s individual personal use limited to application to the Client’s own business in which the Client has an ownership interest of at least 33% and/or is responsible and authorized to manage the procedures, hiring, and general operations for the Client’s business. All content,  copy, assignments, principals, assessments, and teachings whether presented in writing, by recording or live are the intellectual property of the Company. Any duplication, copy, summary, or dissemination of Program content in whole or in part is unauthorized and strictly prohibited.  The Client’s purchase is for a single license. The Client agrees not to share login details and/or Program Materials with any third parties, even those within the  Client’s organization.  

1.4 Refunds and Termination.

UNDER ANY CIRCUMSTANCES THERE ARE NO REFUNDS.

The Company does not offer refunds or cancellations of any kind to ensure that the Client is fully committed to the Program.

The Client is responsible for the full program fee, even in the event the Client is unable to fully participate in the program. The Company reserves the right to remove the Client from the Program at any time for any reason. If the Client is removed from the Program as a result of behavior that the Company deems in its sole discretion as inappropriate, discriminatory,  interfering with the success of other Clients in the Program, behavior not conducive to the objective of the Program, or any other breach, default, or violation of the terms herein (“for cause”), NO refund will be provided under any circumstances. For cause, removal shall be at the sole discretion and judgment of the Company and may apply to actions or behavior within or outside of the  Program.  

1.5 Commitment to Anti-Racism and Anti-Discrimination.

The Company and  Program are committed to anti-racism and anti-discrimination. We welcome conversations to support and further that purpose. Any racism or discrimination will not be tolerated and will result in immediate removal from the Program without a refund. This applies to racism or discrimination exhibited by any Client within or outside of the Program.  

1.6 Commitment to Diversity, Equity, and Inclusion

We welcome and celebrate people from all walks of life. We all benefit when diverse voices are heard, not only contributorily but included and revered equally. We welcome Program members and content contributors from all races and ethnicities and those who identify as part of the LGBTQ+ community. 

  1. The Program.

The program is a 9-month group coaching program educating small business owners on how to operate and grow an online business. The Program will run for a 9-month period starting on the Program start date (“Program Start Date”)  through the Program end date (“Program End Date”). The Program Start Date is defined as the first day the Company provides the Client access to the Program.

The Program includes access to the following:  

● Online templates and worksheets; 

● Prerecorded course materials & videos accompanying the Program content;  

● Weekly group coaching calls; and

● A private clients-only community.  

Company is closed on weekends, all major U.S. Federal Holidays, the Friday after  Thanksgiving, and the last 2 weeks of December.

  1. Program Fee and Payment Schedule.

Upon executing this Agreement, Client agrees to pay the Company the full purchase amount.

The fee for the program paid in full is $20,000 USD if the client chooses to pay in full at the time of signing this agreement. If Client would like to utilize the split pay option, it would be 2 monthly payments of $10,000.00 USD. If Client chooses the payment plan option, it would be 9 monthly payments of $2,500.00 USD (the “Fee”).

Program Access will be granted upon receipt of payment. Client’s purchase and access constitute your Agreement to all of the terms and conditions herein. Client also agrees to remit an electronically signed copy of this Agreement within 24 hours of purchase. Failure to remit the signed Agreement may result in loss of access to the Program until remitted.

Program Access will be granted upon receipt of the full Program Prepay Fee or the first month of the Payment Plan Fee. The Client’s purchase and access constitute the  Client’s Agreement to all of the terms and conditions herein. The Client also agrees to submit an ink or electronically signed copy of this Agreement within twenty-four (24)  hours of purchase. Failure to submit a signed Agreement may result in loss of access to the Program until signed and submitted.  

++These fees do not include any discounts or coupons++

3.1 For Clients Selecting the Pay In Full Option

Once notified by the Company of acceptance into the Program, the Client must pay the Program Prepay Fee of $20,000 USD and return an electronic copy of this agreement to the Company within twenty-four (24)  hours of purchase. 

Failure to return a signed copy of this Agreement and pay the Program Prepay  Fee by the aforementioned deadline will result in the Client forfeiting his/her admission into the Program. 

3.2 For Clients Selecting the Split Pay Option

Once notified by the Company of acceptance into the Program, the Client must make the first Payment Plan Fee of  $10,000 USD (“Initial Payment”) to the Company and return a signed copy of this agreement to the Company within twenty-four (24) hours of purchase. Initial  Payment is due upon purchase. Failure to return a signed copy of this Agreement and pay the Initial Payment by the twenty-four (24) hour deadline will result in the Client forfeiting his/her admission into the Program.

The remaining balance of $10,000 USD is to be paid in a monthly installments.  Client specifically agrees that the Program is not a monthly membership, that the fee in total is earned by the Company at the time the Client is granted access to the Program, and the client will not cease payments under any circumstances (see §1.4). The Client agrees to maintain a valid credit card in the Program platform’s secure payment site. Credit card payments will be automatically charged every 30 days from their initial date of purchase

3.3 For Clients Selecting the Payment Plan Option

Once notified by the Company of acceptance into the Program, the Client must make the first Payment Plan Fee of  $2,500 USD (“Initial Payment”) to the Company and return a signed copy of this agreement to the Company within twenty-four (24) hours of purchase. Initial  Payment is due upon purchase. Failure to return a signed copy of this Agreement and pay the Initial Payment by the twenty-four (24) hour deadline will result in the Client forfeiting his/her admission into the Program.

The remaining balance of $20,000 USD is to be paid in monthly installments.  Client specifically agrees that the Program is not a monthly membership, that the fee in total is earned by the Company at the time the Client is granted access to the Program, and client will not cease payments under any circumstances (see §1.4). The Client agrees to maintain a valid credit card in the Program platform’s secure payment site. Credit card payments will be automatically be charged every 30 days from their initial date of purchase.

3.4 Payment Plan Credit Card Authorization

Each Party hereto acknowledges that the Company will charge the credit card chosen by the Client. In the event, the Client fails to make any of the payments within the Payment Plan as scheduled, or in the event Client’s card is withdrawn, declined, or charged back, the Company will immediately remove Client from the Program until the applicable Payment Plan payment is received in full, including removing access to modules, materials, Facebook group, and coaching calls.  

If Client has not paid within five (5) days of the payment due date, Client will be in default and breach of this Agreement, and the Company, at its discretion, may terminate this Agreement, refer all unpaid amounts to collections, and/or utilize any other remedy allowable by law to collect the unpaid balance in full. Any unpaid amounts shall carry the highest interest rate allowable by law, and Client will be responsible for any and all fees and costs of collection, including attorney’s fees. 

In the event the Client needs to update the payment information that was originally given to process payments to the Company, the Client must make arrangements to update the card information no later than 14 days before the payment is due. Further, if the Client is in need of updating their payment information after a charge has already been made, there will be an additional 3% fee added to the payment amount to cover fees associated with having to refund the original form of payment and process payment on a new card.

I will abide by the terms of this payment agreement. I understand that this is a loan that was given to me by Marcela Landon LLC, and I will make my payments each month in ordinance with the terms stated above.

  1. Program Style and Methodology

Client agrees to be open-minded to The  Company's methods and partake in services as proposed. The Company may revise  methods or parts of the Program based on the needs of the Client or the Company.  

  1. Disclaimers

The Program may provide the Client with information relating to products or services that the Company believes might benefit the Client, but such information is not to be taken as an endorsement or warranty of any kind. The  Company is not responsible for any adverse effects or consequences that may result,  either directly or indirectly, from any information or coaching provided. Client understands that The Company has made no guarantees as to the outcome of the coaching sessions or Program. The Company may provide the Client with third-party recommendations for such services as marketing, photography, business, health, or other related services. Client agrees that these are only recommendations, and the  Company is not responsible or liable for the services provided by any third party to the Client. Clients will use their own best judgment as to whether any recommendations are a good fit for Client. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.  Any testimonials or examples shown through the Company’s website are only examples of what may be possible for the Client. The Company makes no guarantees as to any particular outcome based on the use of the Program, courses, and/or services.  Client acknowledges that The Company has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of the Program.  

  1. Intellectual Property Rights

During the course of the Program, the Client will be provided access to various documents, digital assets, and other intellectual property created for the Client or as part of this Program, as well as vendor and customer lists,  and other data resulting from the existence of the Company and/or the Program. The  Client recognizes and agrees that the Company maintains full ownership of any  products, documents, or other information whether oral, written, graphic, or in electronic form, including plans, documents, or any other information relating to any projects, branding, marketing, or business plan or financial matter provided to the  Client during the course of the Program are sole, proprietary, and exclusive property of the Company. Client receives one license for personal use of any content provided for 9 (9) months. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Client, nor grant any right or license other than that stated in this Agreement.  

  1. Recording and Redistribution of Calls

Client acknowledges that all group coaching sessions and/or group calls are recorded. Client acknowledges that all private sessions/and or private calls are recorded.  Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the Company.  

  1. Clients Only Community.

Participation in this program extends an exclusive  Facebook group to Client during their Program. There are explicit Group Rules that  must be agreed upon and followed for continued participation:  

8.1 Hours and Response Times.

The group is monitored by a staff team M–TH  10am–4pm EST. Tagging a team member does not warrant a  response, but where appropriate, will be provided typically within 24 hours  unless the question/comment requires further research, excluding Fridays, weekends and holidays.  

8.2 Direct Messages.

Please do not direct message (“DM”) the Marcela Landon LLC staff with billing, coaching, technical support, or other questions, as these must be  directed to support@marcelalandon.com

8.3 Group Content and Intentions. Participants are expected to be professional and add value to the group, keeping it positive and respectful. The purpose of the group is to foster thoughtful discussion among members, and argumentative comments will not be tolerated. If your comment is not related to the processes being taught in the Program, they will be deleted immediately. Multiple violations will result in removal from the Program in its entirety. 

8.4 No Promotions or Sales

No promotional efforts or sales will be tolerated, either publicly or privately. This includes coaching, courses, group services, or efforts to perform “market research.” Any such posts will be removed immediately and may warrant removal from the Program.  

8.5 No Subgroups

Do not organize any subgroups, live or virtual events, or meetups with this community without the express written permission of Marcela Landon LLC  Please email hello@marcelalandon.com to request permission.  

8.6 No Whining.

There is a ZERO TOLERANCE policy on complaining and whining, and violation of this clause will result in any posts being immediately removed.  

8.7 Process and Curriculum

Marcela Landon LLC. team members are the sole experts on Program strategies within this space. Any recommendations, opinions, or strategies discussed in this group are not approved by Marcela Landon LLC and will be removed immediately.  

  1. No Lifetime Access. Client understands that his/her enrollment in the Program is for a period of nine (9) months as defined as the first day the Company gives access to the program to the Client. The Client will not have access to the Program and its content after the Program's End Date. 

  1. Release

Company may take photographs, videos, or audio recordings during the  Program that Company may use for future commercial or non-commercial purposes.  Client agrees and understands that by participating in the Program, Client is consenting to being recorded and photographed and to the use of Client’s likeness,  writing, and voice in any media in perpetuity by Company for whatever purpose as  Company sees fit. Client agrees that the Company may use any written statements, images, audio recordings or video recordings of Client obtained while enrolled in the Program. This includes any content Client may publish to social media accounts and online forums as well as any statements, images, or recordings captured during Client's participation in the Program. Client waives any right to payment, royalties, or any other consideration for  Company’s use of such written statements, images, audio recordings, and video recordings and Client waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and is released and forever discharged from all claims, demands, and causes of action which Client, their heirs, representatives, executors, administrators, or any other persons acting on Client’s behalf or on behalf of the Client estates have or may have by reason of this authorization. 

  1. Non-Disparagement

The Client agrees that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the  Company. Neither the Client nor any of Client’s associates, employees, or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak,  write, 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, affiliates, subsidiaries, employees, agents, or representatives. 

  1. Good Faith.

The parties to this Agreement shall, in exercising their respective rights and complying with their respective obligations under this Agreement, represent and warrant to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement. 

  1. Disclaimer on Warranties.

The information, education, and coaching provided to  the Client by the Company under this Agreement are provided “as is” without any  warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or  fitness for a particular purpose. Nor are there any warranties created by a course of  deal, course of performance, or trade usage. 

  1. Limitation of Liability

By using Marcela Landon LLC DBA as Captivate High Ticket services and purchasing this Program, Client accepts any and all risks, foreseeable or unforeseeable, arising from such transactions. In no event shall the  Company be liable under this agreement to Client for any incidental, consequential,  direct, negligent, exemplary, indirect, statutory, special, or punitive damages,  including, but not limited to, lost profits, loss of use, loss of time, inconvenience, loss of business opportunities, damage to goodwill or reputation, or loss of data,  regardless of whether such liability is based on breach of contract, tort, strict liability,  or otherwise, even if advised of the possibility of such damages or such damages could have been reasonably foreseen. Client agrees that the use of this Program is at the user’s own discretion and risk.  Any Liability that may be found to exist beyond that stated herein, for any reason, or under any cause of action shall be limited to the price Client paid for the Program,  and in no event any other amounts. 

  1. Dispute Resolution

Any claim or dispute arising out of or otherwise relating to this  Agreement is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to mediation. 

  1. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut within the United States of America, regardless of the conflict of laws and principles thereof.  

  1. Entire Agreement

This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. This Agreement may only be amended in writing if signed by both Client and the Company. The subject headings of the paragraphs and subparagraphs of this  Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. Client expressly states that they have read this  Agreement in its entirety, and has had the opportunity to consult with an attorney before signing or expressing agreement in the form of checking boxes indicating agreement and proceeding with the purchase of the Program.  

  1. Severability

If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected,  impaired, or invalidated. The aspect in question shall be construed by the court in such a manner to as closely as legally available, reflect the original intention of the parties. 

Agreed by checking Terms + Conditions box

  1. Service Location

Both Parties agree and understand that the Group program, group discussions, and additional services to be provided under this Agreement shall be performed virtually.

  1. Confidentiality

Participant shall not (i) disclose to any third party any details regarding the business of the Company, including, without limitation, the Company’s coaching materials, the prices it obtains, the prices at which it sells products and programs, its manner of operation, its plans, its course and coaching strategies, any of the Company’s trade secrets or any other information pertaining to the business of the Company (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (iii) use Confidential Information other than solely for the benefit of the Company.

Participant further agrees to not disclose to any third party any details regarding the business of any other participant in the Mastermind. Participant agrees that the Mastermind group is a safe space for all participants to share personal and business struggles, strengths and weaknesses, wins and failures, pricing, clients, etc. and Participant agrees to keep all things learned from other participants strictly confidential within the Mastermind group.

  1. No Guarantees

Company does not make any guarantees as to the results, including financial or other gains, of any services provided throughout the Group program. Company agrees to provide the services listed in this Agreement in a reasonable and timely manner. Participant agrees to take responsibility for Participant’s own results.

Agreed by checking Terms + Conditions box

  1. Release & Reasonable Expectations

Participant has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s services throughout the Mastermind will produce different outcomes and results for each Participant.

Participant understands and agrees that:

Every Participant and final result is different.

Business coaching and/or consulting is a subjective service and Company may give different information to each Participant depending on his/her needs and business needs.

Company will use its personal judgment to create favorable experiences on all Group Calls, but each Group Call’s core subject may not be applicable to each Participant depending on his/her business needs at that time.

Dissatisfaction with Company’s independent judgment or individual coaching style is not valid reason for termination of this Agreement or request of any monies returned.

  1. DISCLAIMER

Participant agrees and understands Company is not providing the professional services of an attorney, accountant, nutritionist, financial planner, therapist or any other kind of licensed or certified professional. Should Participant desire professional services that exceed the scope of this Agreement, Participant must sign a letter of engagement of said professional services with the appropriate service provider. No legal, financial, accounting, nutritional or other kinds of professional advice will be given without entering into such a relationship via the letter of engagement referenced immediately above.

  1. Waiver of Liability

Participant voluntarily signs this waiver in consideration for the Marcela Landon LLC Mastermind indicated above. Having read and signed this waiver, Participant acknowledges that for himself/herself, Participant’s heirs, executors, administrators, representatives, or anyone else who might claim on Participant’s behalf, hereby waives, releases, and discharges Company and its officers and directors, staff, employees, agents, and volunteers from and against any blame and liability for any injury, harm, loss, inconvenience, or any other damage of any kind whatsoever, which may result from or be connected in any way to Participant’s participating in the Mastermind and on the Group Calls, and Participant agrees to hold them harmless from any such claim(s).

In addition to the absolute and unqualified release from all liability, Participant hereby represents that Participant will conduct herself/himself in a prudent manner while participating on the Group Calls. Company reserves the right to release Participant from a Group Call if it feels the Participant’s conduct is inappropriate or disruptive. Participant is aware that by signing this, Participant is waiving certain legal rights, including the right to sue Company or its officers and directors, staff, employees, agents, and volunteers.

If you have any questions about any term of these Terms of Use, please contact us at support@marcelalandon.com. Thank you.

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