Use of donnasherrie.com (the “Site”), including all materials presented herein and all online services provided by Donna Sherrie (the “Company,” “we,” or “us”), is subject to the following Terms and Conditions (“Terms”). These Terms apply to all site visitors, customers, and all other users of the site. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
Site (Products & Services) Access
The products and services offered by Donna Sherrie include, but is not limited, to course content, written content, recorded video and/or audio content, live and/or pre-recorded calls, and/or discussions in social media platforms (collectively, “Materials”).
The products and materials may only be accessed by you – the individual who is the customer on record with the Company. You agree that the products and services, including any usernames or passwords, may only be used by you as permitted herein and may not be sold or distributed without the Company’s express written consent.
Your access to this website or programs within the Site may be revoked for failure to abide by these Terms of Service or for failure to make timely and full payments to the Company for your purchase of the Program.
Our services and programs come with a “no refund policy” because I want you to know that everyone in this program is just as dedicated as you to transforming their lives. There is no room for “mediocrity” in this community. Because I believe how you do one thing is how you do everything…and these services and programs are only for people who are ready willing for transformation.
Terms of Agreement
By clicking “I Agree”, emailing your statement of agreement, entering your credit card
information, or by signing this agreement on this page or reverse, or otherwise enrolling,
electronically, verbally, or otherwise, in the course, you (“Client”) are entering into a
legally binding agreement with Donna Sherrie, LLC a North Carolina
(“Company”), according to the following terms and conditions:
If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.
With your prior permission, you agree that the Company has the right to use your feedback whether in the form of emails, surveys, comments, discussions in product-related forums, calls, video calls, or otherwise, for the purposes of marketing or promoting the Program.
We reserve all rights to terminate accounts, edit or remove content and cancel orders at their sole discretion.
The entire communication with us is electronic. Every time you send us an email or visit our website, you will be communicating with us. You hereby consent to receive communications from us. If you subscribe to our newsletters, promotions, courses and/or prayer list on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails.
The Site may contain links to third-party websites and resources. We may serve as an affiliate for some of these third-party websites by offering or advertising their products or services on the website; however, we do not own or control these third-party websites. Once you click on a third-party link and leave this website, you are no longer bound by our terms and conditions.
You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. You acknowledge sole responsibility for and assume all risks arising from your use of any such websites or resources and any transactions between you and these third party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third-party websites or resources.
Upon execution of this Agreement, electronically, verbally, written or otherwise, the Company agrees to render services related to education, seminar, consulting, coaching, and/or one-on-one or group coaching (the “Program”). The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client. Parties agree that the Program is in the nature of coaching and education.
The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the Program. Company reserves the right to substitute services equal to or comparable to the Program for Client if the need arises. Coaching agreements will not be “paused” or “held” unless the client party is ill and provides Donna Sherrie with notice and there is an agreed upon provision for services to resume. Coaching calls must be used within 15 days of purchase.
Client agrees to compensate Company according to the payment schedule set forth on Company’s website, or via email, or Payment Schedule and the payment plan selected by Client (the “Fee”) or otherwise noted in this agreement.
Company shall charge a 5% (five-percent) late penalty to all balances that are not paid in a timely manner by the Client.
Upon execution of this Agreement, Client shall be responsible for the full
extent of the Fee. If a client cancels attendance of the Program for any reason
whatsoever, the Client will receive no refund.
Cancellation, Refunds, & Returns
Due to the digital nature of the products and/or services offered by Donna Sherrie and/or this website, all sales are final. No refunds will be issued. We do not accept returns or exchanges for items damaged in transit. We truly believe in offering our best products and services while keeping prices affordably low based on comparable market value. However, your satisfaction is our number one priority, email us at email@example.com to let us know why you’re unsatisfied and we’ll do our best to accommodate your desires!
Chargebacks and Payment Security
To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates set forth herein.
If a client uses a multiple-payment 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 shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
No Resale Of Services Permitted
Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including services & amp; course materials, books, digital materials), use of the Program, or access to the Program.
This agreement is not transferable or assignable without the Company’s prior written Consent.
By purchasing the products or services offered by Donna Sherrie, 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 future earnings, business profit, successful registrations of intellectual property, marketing performance, or audience growth of any kind. The Company does not guarantee that you will get any results using any of our ideas, tools, strategies, or recommendations, and nothing in our products or services shall serve as a promise or guarantee to you of such results.
No Transfer Of Intellectual Property
Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of Company’s intellectual property for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or
otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site.
Limitation Of Liability
By using Company’s services and enrolling in the Program, Client releases Company, its officers, employers, directors, and related entities from any and all damages that may result from anything and everything. The Program is only an educational/coaching service being provided. Client accepts any and all risks, foreseeable or unforeseeable, arising from such transactions. Regardless of the previous paragraph, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of: (a) the total fees Client paid to Company in the one month prior to the action giving rise to the liability, and (b) $1000. All claims against the Company must be lodged with the entity having jurisdiction within 100 days of the date of the first claim or otherwise be forfeited forever. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Client agrees that use of Company’s services is at Client’s own risk.
Disclaimer of Guarantee
Client accepts and agrees that she/he is 100% responsible for her/ his progress and results from the Program. Client accepts and agrees that she/he is the one vital element to the Program’s success and that the Company cannot control Client. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same results.
To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients. Client agrees to abide by any Course Rules/Regulations presented by Company. The failure to abide by course rules shall be cause for termination of this Agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
Use of Course Materials
Client consents to recordings being made of courses and the Program. Company reserves the right to use, at its sole discretion, course materials, photos, videos and audio recordings of courses, podcasts and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client. Client consents to its name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client.
No Substitute for Medical/mental Treatment
Client agrees to be mindful of his/her own well-being during the course and seek medical and/or mental health treatment (including, but not limited to psychotherapy, Cognitive-Behavorial Therapy or any other medical or counseling treatments and services), if needed. Company does not provide medical, therapy, or psychotherapy services. Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.
In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Company, Client shall be barred from using any of Company’s services.
The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs. Company agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client, the coaching session with Company, or otherwise, without the written consent of Client. Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company’s representatives, or employees, the provisions in this Agreement shall be controlling.
Choice Of Law/Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the state of North Carolina, Wake County, pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both
The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
If any of the provisions contained in this Agreement, or any part thereof, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
Upon execution by clicking “I agree,” or emailing a statement of agreement, or signing below, or on the reverse of this document, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT.
A facsimile, electronic, or e-mailed executed copy or acceptance of this Agreement, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed.
For any questions regarding our policy, send an email to firstname.lastname@example.org
Effective March 3, 2021