DIGITAL PRODUCT AGREEMENT

For Stephanie Kase Education

This Agreement is between You the (“Student”) and Stephanie Kase Education (“Company”) (collectively the “Parties”, or in the singular “Party”), for the purpose of Student purchasing and participating in the Company’s digital product (the “Digital Product”). This Agreement shall become effective upon the date of Student completing the checkout process.

1. Scope of Digital Product

As part of the Digital Product, Company shall provide the following to Student:

•   Access to Digital Product in Kajabi

1. Digital Product Terms

After purchasing the Digital Product, Student will be given access to the online Digital Product materials in Kajabi by Company within 5 business days. Student will have lifetime access to the Digital Product materials so long as the Digital Product is available. In the event Company takes the Digital Product offline, Company will notify Student within 30 days and Student will be able to download the Digital Product materials onto its own media storage.

Student shall only have one license to access the Digital Product and use Digital Product materials. Student understands and agrees that the Digital Product materials may not be shared with any third-party. In the event Company suspects that the Digital Product is being shared or that Student has shared its log-in information with a third-party, Company reserves the right to immediately terminate Student’s access to the Digital Product in its sole discretion.

1. Fees

In consideration for access to the Digital Product provided by Company, Student agrees to compensate Company.

Student may either (1) pay the full fee; or (2) pay in installments. In the event Student elects a payment plan, subsequent installments will be paid on the same day of each succeeding month until the entire amount has been paid in full. Student understands and agrees that all payments on the installment plan must be paid on time and any default in payment will result in immediate removal from the Digital Product.

Student will not be given access to the Digital Product until either the full fee is paid, or the first installment payment is complete.

1. Installment Plan Requirements

In the event Student elects for the payment plan, Student hereby authorizes Company to charge its credit card or debit card on file automatically according to the terms set forth in this Agreement.

If any eligible payment methods Company has on file for Student are declined for a monthly payment, Student shall provide a new eligible payment method promptly or Student will be immediately removed from the Digital Product.

If Student does not request a refund within the required refund policy as indicated in Section 5, Student is required by law to complete the remaining payments of the payment plan. Student understands that its membership will automatically continue and that it authorizes Company (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method Company has on record for Student’s account.

1. Refund Policy

We do everything to ensure student satisfaction. Due to the nature of digital downloads and online Digital Products, all sales are final and no refunds will be issued once purchased.

1. Personal Information

By participating in the Digital Product, Student will be asked to register with the Digital Product hosting platform to receive access to Digital Product materials. Student shall select a username and password and may be asked to provide further personal information. Student agrees to allow Company access to this personal information for all lawful purposes. Student is responsible for the accuracy of the identifying information, maintaining the safety and security of its identifying information, and updating Company on any changes to its identifying information.

The billing information provided to Company by Student will be kept secure and is subject to the same confidentiality and accuracy requirements as Student’s identifying information indicated above. Providing false or inaccurate information, or using the Digital Product for fraud or unlawful activity, is grounds for immediate termination from the Digital Product.

1. Student Contributions

Through Student’s participation in the Digital Product, Student may post materials, comments, or replies to comments (“Student Contributions”) on Digital Product pages, materials, and the comments below Digital Product videos. Student grants Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit, and make derivative works of all Student Contributions.

1. Bonuses

Company may offer bonuses to incoming students via marketing and advertising. Student is entitled to any bonuses offered at the time of enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the Digital Product and vary depending on live and automated promotions throughout the year. Company reserves the right to change or alter bonuses and promotions in its sole discretion.

1. Copyright

All Digital Product materials, documents, Facebook posts/comments/replies, emails, blogs, digital files, paper documents, and any other work created by Company in relation to this Agreement is the exclusive and sole property of Company and are protected by United States Copyright Laws (USC Title 17). Student hereby agrees that Company’s Digital Product and accompanying content is owned by Stephanie Kase Education and is not to be used for purposes beyond Student implementation. Student is granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Digital Product content and resources. Student shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Digital Product. Violations of this federal law will be subject to its civil and criminal penalties.

1. Termination

Student may not terminate this Agreement once signed and is required to complete all payments as specified in Sections 3 and 4.

Company may terminate this Agreement in the event Student breaches this Agreement or any of the Digital Product rules and terms. In the event of termination by Company, Student will be immediately removed from the Digital Product. Student shall still be required to complete all payments.

1. Communication

Company is generally available to provide services during normal business hours: Monday - Friday, 9am - 3pm EST excluding holidays. Company WILL ONLY answer communication through the Digital Product platform or email. Company IS NOT obligated to answer any direct messages on social media from Student. Company will typically respond to Student on the required platform within 5 business days.

1. Service Location

Both Parties agree and understand that the Digital Product platform and additional services to be provided under this Agreement shall be performed virtually.

1. Confidentiality

Student shall not (i) disclose to any third-party any details regarding the business of the Company, including, without limitation its Digital Product materials, Digital Product downloads, Digital Product outlines, coaching methods, customers, the prices it obtains, the prices at which it sells products and programs, its manner of operation, its plans, its Digital Product 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.

1. Assumption of Risk Using Online Platform

Student agrees that its participation in the Digital Product is at its own risk. Company does not assume or accept responsibility for the security of Student’s account or content. Student agrees that its participation in the creation of an online account is at its own risk. In the event a breach of security has occurred, Company will notify Student pursuant to all laws and regulations.

1. Indemnification

Student hereby agrees to indemnify and hold harmless Company and its officers, directors, employees, consultants, contractors, and agents from and against any and all losses, damages, liabilities, expenses and costs, including reasonable legal expenses and attorneys’ fees, as a result of any claim, demand, action or other legal proceeding by any third-party to the extent such losses arise directly or indirectly out of activities performed by Company pursuant to this Agreement, except to the extent such losses result from the gross negligence or willful misconduct of Company.

1. Maximum Damages

The sole remedy for any actions or claims by Student shall be limited to a refund, the maximum amount not to exceed the total monies paid by Student under this Agreement.

1. Limitation of Liability

In no event shall Company be liable under this Agreement to Student or any other third-party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Student was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

1. Force Majeure 

No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control that are unforeseen and unpredictable at the time of contracting, including, but not limited to, the following force majeure 

events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 14 days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 14 days following Notice given by it, the other Party may thereafter terminate this Agreement upon Notice. All payments made by Student up to the date of Notice of a Force Majeure Event are non-refundable.

1. Professional Disclaimer

The Digital Product and additional services provided by Company according to this Agreement are for informational purposes only. Student acknowledges and agrees that any information posted in the Digital Product, Digital Product materials, or Facebook group is not intended to be legal advice, medical advice, financial advice, therapeutic advice, or other professional advice, and no fiduciary relationship has been created between Company and Student.

1. Assumption of Risk Using Online Platform

Student agrees that its participation in the Membership is at its own risk. Company does not assume or accept responsibility for the security of Student’s account or content. Student agrees that its participation in the creation of an online account is at its own risk. In the event a breach of security has occurred, Company will notify Student pursuant to all laws and regulations.

1. No Guarantees

Company does not make any guarantees as to the results, including financial or other personal gains, of any services provided or for Student completing the Digital Product. Student agrees to take responsibility for Student’s own results.

1. Release & Reasonable Expectations

Student has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s services throughout the Digital Product will produce different outcomes and results for each Student. Student understands and agrees that:

1. Every Student and final result is different.
2. Digital Product content is intended for a mass audience and that Company will use its best efforts to create favorable experiences to each Student depending on their business and personal needs, but that no 1-on-1 services are expected or guaranteed under this Agreement.
3. Dissatisfaction with Company’s (or any of its agents’) independent judgment or coaching/mentoring style within the Digital Product and in accompanying online platforms are not valid reasons for termination of this Agreement or request of any monies returned.

1. Spam Policy

Student is strictly prohibited from using the Digital Product and Digital Product materials for illegal spam activities, including, but not limited to, gathering contacts, email addresses, or other personal information from fellow Digital Product students and distributing such information to third-parties or sending any mass commercial emails.

1. Warranty Disclaimer

Student agrees that its participation in the Digital Product and use of the Digital Product is at its sole and exclusive risk, and that any services provided by Company are on an “as is” basis. Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to, the implied warrant of fitness for a particular purpose and the implied warrant of merchantability. Company makes no warranties that the Digital Product will meet your needs or that the Digital Product will be uninterrupted, error-free, or secure. 

1. Sales Tax

Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Students and remitted by Company. All sales tax will be included on invoices and/or the checkout process through the Company’s online payment platform.

1. Entire Agreement

This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.

1. Venue & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a federal or state court of competent jurisdiction located in Spartanburg County, South Carolina. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.

1. Arbitration

Any and all disputes or disagreements arising between the Parties out of this Agreement upon which an amicable understanding cannot be reached shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Spartanburg County, South Carolina, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

1. Transfer

This Agreement cannot be transferred or assigned to any third-party by either the Company or Students without written consent of all Parties. 

1. Severability & No Waiver

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.

1. Headings

Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.

1. Notice

Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent: Company’s Email: [email protected].

1. Facsimile Signatures 

The Parties agree that a facsimile copy (electronic copy) of this Agreement with the signatures as indicated below shall constitute a valid contract. 

Student Signature

By checking the box on this order form and upon completion of purchase, Student confirms that it has read, understands, and agrees to the terms and conditions of this Agreement.

Company Signature

Company has read, understands, and agrees to the terms and conditions of this Agreement.

Stephanie Kase

Owner of Company