caitlinbacher.com
Scale Your Online Course
The following Terms of Enrollment govern your participation in the Program presented by Caitlin Bacher LLC (“Company”). Please read these Terms of Enrollment carefully. By visiting and using the Program Portal/Membership Site you agree that your use of our Site, participation in our Program, and use of Program materials is governed by the following terms and conditions, together with our Terms of Service and Privacy Policy.
SCALE WITH SUCCESS® ACCELERATOR (“Program”) is an online program for small business owners organized to educate participants about various aspects of operating and growing a business, provided via online course modules.
The Program includes:
- Access to content portal with trainings for lifetime of the course;
- Access to live calls inside the client community for 8 weeks;
- Access to the client community for 8 weeks.
The Term of your access to the live calls and the client community are for eight (8) weeks, commencing upon the date of this Agreement (the “Term”). You will retain access to the content portal for the lifetime of the course.
We are committed to providing all participants with a positive experience. Thus, COMPANY may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based or digital without refund or forgiveness of remaining payments if:
We respect your privacy and must insist that you respect the privacy of fellow Program participants.
We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, "Confidential Information") and must insist that you respect the same rights of fellow Program participants and of the Company.
Thus, you agree:
While you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence
You will have the option to pay in full or pay via a payment plan. The fees associated with your program selection and payment method selection shall be your “Program Fee”. You authorize Company to automatically charge the credit card on file for any and all Program Fee balances owed and agree to keep this information current with the Company.
[ ] Payment in Full. If you select the option to pay in full, your payment will be due at the time of enrollment. Your Program Fee will be $1,997. This amount may be paid in full at the time of enrollment.
[ ] Payment Plan. If you select the payment plan option, your first installment payment will be due at the time of enrollment, and you will pay fees on a monthly basis. Your Program Fee will be six equal monthly installments of $397. The first payment will be due at the time of enrollment.
Failed Payments. If any payment is insufficient or declined for any reason, you will receive an automatic fourteen (14) calendar day grace period (“Grace Period”) to pay the outstanding balance owed. If the outstanding balance is not paid before the Grace Period ends, you will be removed from the Program, without liability on the part of the Company, and the matter will be referred to a payment recovery partner to recover the outstanding amounts owed by you.
Upon enrollment in the Program, you waive any right to file a dispute with your credit card provider, payment processor, and/or other financial institution regarding the amounts paid or owed by you for the purchase of the Program, whether or not Program access has been revoked for your violation of this Agreement.
You understand and agree that there is a strict no-refund policy for this Program and that by enrolling in the Program you are responsible for the full Program Fee. Requests for cancellations and/or refunds received by the Company will not be honored and any outstanding Program Fee balance owed to the Company must be made in full, even if you are unable or unwilling to participate in the Program.
Removal from the Program due to your violation of the terms of this Agreement does not excuse your obligation to pay the Program Fee in full.
If the Program Fee is not paid in full by the requisite deadlines, you will be removed from the Program, without liability on the part of the Company, and the matter will be referred to a third-party collection service to recover any outstanding amounts owed by you.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY. MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
Under no circumstances, including, but not limited to, negligence, shall Company, their subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from my use of, or the inability to use, their site or Program Materials, including messaging, blogs, comments of others, books, emails, products, or services, or third-party materials, products, or services made available through the site or by Company In any way, even if Company is advised beforehand of the possibility of such damages. (because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to me. In such states, Company’s liability and the liability of their subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) I specifically acknowledge and agree that Company is not liable for any defamatory, offensive or illegal conduct of any user. If I am dissatisfied with the site, any materials, products, or services on the site, or with any of the site's terms and conditions, my sole and exclusive remedy is to discontinue using the site and the products, services and/or materials.
The Program, Program Materials and Site are continually under development and Company makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. The information provided in this product is sold and provided on an “as is” basis. Company does not promise or guarantee any income or particular result from my use of the information contained herein. Those results are my responsibility as the end user of the Program. In particular, Company shall not be liable to you or any other party for any damages, or costs, of any character including but not limited to direct or indirect, consequential, special, incidental, or other costs or damages, in excess of the purchase price of the program. These limitations may be affected by the laws of particular states.
The Program, Program Materials and Site exist for educational purposes only, and the materials and information contained therein are for general informational purposes only. With regard to financial content contained therein: neither Company nor its owners, officers, directors, employees, subsidiaries, affiliates, licensors, service providers, content providers and agents are financial advisors, or an investment advisory service, and nothing contained in the Program, Program Materials or Site is intended to be or to be construed as financial advice, or legal, compliance, financial, tax, accounting or related advice.
The information contained in the Program, Program Materials and Site is based on sources and information reasonably believed to be accurate as of the time it was recorded or created. However, this material deals with topics that are constantly changing and are subject to ongoing changes related to technology and the market place as well as legal and related compliance issues. Therefore, the completeness and current accuracy of the in the Program, Program Materials or Site cannot be guaranteed.
The education and information presented by the Program, Program Materials and Site is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. You, as an end user of this information may therefore use this content as a general guideline and not as the ultimate source of current information and when appropriate, you understand that you should consult my own legal, accounting or other advisors.
Any case studies, examples, illustrations, or testimonials cannot guarantee that you will achieve similar results. In fact, your results may vary significantly and factors such as my market, personal effort and many other circumstances may and will cause results to vary.
Your use of the information contained herein is at your own risk. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content contained in the Program, Program Materials or Site. You will seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Any and all claims or representations, as to income earnings on the Program, Program Materials or Site, are not to be considered as average earnings. There can be no assurance that any prior successes, or past results, as to income earnings, can be used as an indication of your future success or results.
Monetary and income results are based on many factors. Company has no way of knowing how well you will do, as they do not know you, your background, your work ethic, or your business skills or practices. Therefore, Company does not guarantee or imply that you will get rich, that you will do as well, or that you will make any money at all. If you rely upon figures provided in the Program, Program Materials or Site; you must accept the risk of not doing as well.
Your use of, and access to the Program Materials is on a licensed basis. In that regard, Company hereby grants to you, and you hereby accept, the non-exclusive right, license and privilege to use (but not sublicense) the Program Materials during the Term.
You agree to:
(a) constantly use your best efforts in the use of the Program Materials in a way to protect the good name and goodwill associated with the Program Material and Company.
(c) not to attack the title of Company in and to the Program Material nor attack the validity of the license granted hereunder;
(d) not harm, misuse or bring into disrepute the Program Material and Company, but to the contrary, will maintain the value and reputation thereof to the best of your ability;
(f) at all times comply with all applicable government laws and regulations, and all voluntary industry standards relating or pertaining to the use of the Programs and Materials, and shall maintain appropriate customary high-quality standards. You shall also abide by Company’s suggestions and specifications regarding quality control over the use of the Program Material.
The license granted herein does not grant you any right, title or interest, at law or in equity, in or to any of Company’s trademarks, service marks, copyrights, copyrighted material, or any derivative uses thereof, or the name, likeness or image of Caitlin Bacher, or trade secrets or other rights or intellectual property of any kind, except as provided by said license. Further, such license applies only to those Program Material designated herein. You shall not represent to others, or conduct yourself in any manner that might indicate to others, that you possess any other legal or equitable rights in our Program Material, Trademarks, copyrighted materials, trade secrets or other rights or intellectual property of any kind other than by virtue of the license granted hereunder.
Company shall have the right to approve all uses of the Program Material or derivative uses thereof.
Company shall have and hereby reserves all rights and remedies which it has, or which are granted to it by operation of law, to enjoin the unlawful or unauthorized use of the Program Material (any of which injunctive relief may be sought in the courts, and also may be sought prior to or in lieu of termination), and to be compensated for damages for breach of this Agreement.
Disclaimer of Warranties
The Company gives no warranties with respect to any aspect of the Program or any materials related thereto or offered in conjunction with the Program and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. Participant accepts and agrees that he/she is fully responsible for his/her progress and results and that Company offers no representations, warranties, or guarantees verbally or in writing regarding Participant’s future earnings, business profit, marketing performance, customer growth, or results of any kind. The Company does not guarantee that Participant will achieve any results using any of the ideas, tools, strategies or recommendations presented at the Program, and nothing at the Program is a promise or guarantee to Participant of such results.
Dispute Resolution:
All disputes arising under or concerning this Agreement are to be submitted to binding arbitration, in Alameda County, California, to be resolved in accordance with the laws of the state of California.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
