By signing below, I certify that I have read, understand, and agree to this Agreement as well as the Refund Policy.
I also understand that this Enrollment Agreement is a legally binding contract when signed by me and accepted by Evolve and Succeed dba Be Booked Out™ at its offices in Portland, Oregon, and that it is governed by Oregon law. I further understand that before I sign this Agreement, I can contact Customer Service at [email protected] to answer my questions and explain the Agreement and the Refund Policy to me.
I understand that I am responsible for paying Evolve and Succeed in full for the Be Booked Out™ program. Participant may lose access to the program if payments are missed or full payment is not completed by the due date. Payments delinquent over 30 days will be sent to debt collections.
Your credit/debit card details are not handled by Evolve and Succeed. All payment and all credit card handling is through a third party. Authority for payment must be given at the time of placing your order.
NOTICE TO BUYERS
You must be 18 years of age or older to sign this Agreement. Please be sure you read, understand and approve of this Agreement before you sign.
Due to the digital nature of this course, refunds will not be given.
We are completely devoted to your success. If during the program you need help or support, ask and you will get it via the Facebook group when the live program runs. By investing in your business and making a commitment to yourself and others you are more likely to succeed. Because of this, the intimate nature of the group and limited availability of spaces in this program, no refunds are available once purchased.
CANCELLATION OR POSTPONEMENT
If Evolve and Succeed cancels Be Booked Out™ before it begins, Participant is entitled to a full refund of all paid program fees within 30 business days. If Evolve and Succeed discontinues the program after it begins, Participant is entitled to a partial refund of the portion of the program that remains undelivered. Postponement by Evolve and Succeed of a scheduled start date for any program shall not entitle a Participant to a cancellation of the Enrollment Agreement. Participant will be guaranteed a reservation in the next scheduled start date for that program.
The Enrollment Agreement and Terms of Sale shall constitute the entire agreement between the Participant and Evolve and Succeed. I understand and agree that they supersede any prior or contemporaneous oral or written agreements or statements and may not be modified without the written agreement of Evolve and Succeed. I also understand that this Agreement constitutes a binding contract upon acceptance by Evolve and Succeed.
ENFORCEMENT AND DISPUTE RESOLUTION
Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees’ (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of Oregon and agrees that those courts have personal jurisdiction over each party; (iii) venue will be in Oregon; and (iv) the parties will submit the dispute to mandatory mediation held in Oregon or through an online mediation service agreed upon by all parties. If the parties cannot agree on a mediator, then any party may apply at any time to the presiding judge of the Superior Court for the appointment of a mediator, and the judge’s selection is binding on all parties. The parties will share equally (50/50) in all costs of the mediation, including the mediator’s fees, but each party is solely responsible for its own attorneys’ and experts’ fees. Every mediation will be completed within 4 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 4-month period, then the parties may continue seeking to resolve the dispute via any process, including litigation by trial.
In no event shall Evolve and Succeed be liable for any consequential, punitive or multiple damages of any kind.
USE OF RECORDINGS
Please note that live group calls, webinars, Facebook posts and/or messages, or other audio or visual services may be recorded and can be used in the future by Evolve and Succeed for business and promotional materials or in conjunction with the sale of any products or services unless you specifically request otherwise. If you would like to make such a request, please send an email to [email protected]
As part of the Be Booked Out™ program, each Participant agrees to hold every other Participant’s Confidential Information in the same strict confidence as required between Evolve and Succeed and its Be Booked Out™ participants. Information shared in Facebook groups, on calls, in video conferences, or any other means shall be maintained as confidential.
ACCESS TO PROGRAM MATERIALS and FACEBOOK GROUP
Participant will have access to all materials for the duration of the program. In the event Evolve and Succeed discontinues the program, Participants will be given fair notice in order to have sufficient time to download any available content before the program ends.
Participants have access to the Facebook group for 1 year, starting at date of purchase. After 1 year, access to the private Facebook group will be revoked unless student purchases another 12 months of Facebook group access. Evolve and Succeed reserves the right to keep the group open for a longer period, but this in no way waives the right to close it at a future date. Evolve and Succeed also reserves the right to transfer the private Facebook group into a paid option at the end of the program.
Participants may not use the Facebook group to sell, solicit, and/or promote offers and services, including affiliate promotions.
NO GUARANTEE OF RESULTS.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE Be Booked Out™ PROGRAM IS AT YOUR SOLE RISK. The content of Be Booked Out™ program is for informational purposes only. By purchasing participation in Be Booked Out™ you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, network and financial situation, to name just a few. You also understand that any testimonials or endorsements by our clients, customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
By accepting this Agreement, you acknowledge and agree that all content presented to you within Be Booked Out™ program is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Evolve and Succeed and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available within the program. Any unauthorized use of the materials appearing in the program may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
GENERAL INFORMATION AND UNDERSTANDINGS
Evolve and Succeed warrants that it has the right to provide Be Booked Out™ program and will use all reasonable skill and care in making Be Booked Out™ program available to you and in ensuring its availability. Because of the nature of the internet, errors and omissions do occur and Evolve and Succeed does not give any other warranties in respect of Be Booked Out™ program.
Evolve and Succeed is continually seeking to improve Be Booked Out™ program. Evolve and Succeed reserves the right, at its discretion, to make changes to any part of Be Booked Out™ program provided that it does not materially reduce its content or functionality.
If you have any questions or concerns, please contact Evolve and Succeed by email at [email protected]