A COURT OF SALES & CONTENT TERMS OF PURCHASE

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with A Court of Sales & Content, a live marketing class by Jessica Hawks (“Coach”), and Sydney Kerr (“Coach”), acting on behalf of Jessica Hawks LLC (“Company”). By purchasing any product, you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
 
I. TERMS
 
Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to provide services in accordance with the course: A Court of Sales & Content (“Program”). The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on Coach’s website as part of the Program, including but not limited to: a self-paced course and course downloads.
 
You understand and agree that Coach’s services and Company’s deliverables are limited to the Scope detailed in Section I of this Agreement. Coach reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
 
II. CLIENT RESPONSIBILITIES
 
Effort: Client understands that coaching is a comprehensive process that may involve various aspects of Clients life, including but not limited to: health, finances, business, relationships, education, etc. Client understands and agrees that it is ultimately the Client’s choice on how to handle issues surrounding different aspects of Client’s life. Client understands and agrees that incorporating coaching principles and implementing choices is exclusively the Client’s responsibility.
 
Materials: Company provides Client with a single-user license authorizing Client to use the materials for their individual purposes only. Client shall not share, copy, distribute, disseminate, or sell the materials provided in Digital Creatives Academy.
 
III. PAYMENT
 
Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount for the product, regardless of what payment option Client selects at checkout. If Client selects a payment plan option, Client authorizes Company to charge the card or account used at checkout to complete all payments pursuant to the payment plan. Company reserves the right to collect any and all monies owed by Client to Company for the Program, by any means necessary within the parameters of the law. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. 
 
IV. REFUNDS
 
Due to the digital and educational nature of this product, there are no refunds permitted under any circumstance. Dissatisfaction with Company’s product is not a valid reason for a refund or excuse to not make remaining payments due & owed under this Agreement.
 
V. DEFAULT
 
Company shall have the right to limit Your access and remove You from the program if payments are not made to Company as outlined in this agreement.
 
VI. REPRESENTATION AND WARRANTIES
 
The information contained in this program is provided on an “as is” basis. Company makes no representations or warranties, express or implied, with respect to the content provided in this program or on any third-party website which may be accessed by a link from inside the program, including any representations or warranties as to accuracy, timeliness, or completeness. Company will not be liable or held responsible for any losses, injuries, or damages from the display, use, or reliance on any of the information contained in this program.
 
VII. TESTIMONIAL DISCLAIMER
 
Any testimonials, earnings, or examples shown through Company’s website, products, or program are only examples of what may be possible for Client. There can be no assurance as to any particular financial outcome based on the use of Company’s products and/or services. Client acknowledges that Company has not and does not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of use of Company’s website, programs, products or services.
 
VIII. NO-PROFESSIONAL CLIENT RELATIONSHIP
 
Use the content on in this program at your own risk. This content is provided for general and educational purposes only and should not be construed as specific advice. Company does not guarantee any results from using this content. It is your responsibly to do your own research and consult with a professional for any of your medical, legal, financial, or health needs.  
 
IX. TREATMENT
Client understands and acknowledges that coaching does not involve the diagnosis or treatment of mental disorders and should not be used as a substitute for health care. It is the Client’s exclusive responsibility to seek such independent professional guidance as needed.

X. NO-GUARENTEES
 
Company makes no guarantees regarding the results Client may obtain through working with Company. Client agrees that any statements made regarding the potential outcomes of working with the Company are merely opinions and are not binding on the Company. The results Client experiences will be dependent on many factors including but not limited to: Client’s level of personal responsibility, commitment, and abilities, in addition to factors that the Client/and or Company may not be able to anticipate.  
 
XI. LIMITATION OF LIABILITY
 
By purchasing this product, Client accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. 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 the Company’s products or services. Client agrees that use of this Program is at user’s own risk.
 
XII. INTELLECTUAL PROPERTY RIGHTS
 
This product contains information that is the intellectual property belonging to Company and to third-parties that license some intellectual property to Company. Company provides You with a non-exclusive, non-transferrable single-user license authorizing You to use the materials for their individual purposes only. You may not share, sell, re-use, reproduce, repurpose or otherwise distribute Company’s intellectual property without prior written consent from Company. Company maintains all rights to its intellectual property and nothing in this Agreement shall transfer ownership of rights to You. You agree to not infringe on the intellectual property rights of Company or third party licensees.
 
XIII. NON-DISCLOSURE
 
Parties promise and agree to:
- Secure and protect the other Party’s Confidential Information,
- Hold Confidential Information in strict confidence,
- Use Confidential Information only for purposes of carrying out each Party’s obligations under this Agreement,
- Refrain from using, disclosing, selling, licensing, publishing, reproducing, or otherwise making available the Confidential Information of the other party except to the extent necessary to perform the Services under this Agreement,
- Only disclose Confidential Information to those of the Party’s officers, employees, and agents as are necessary to carry out the purpose of this Agreement; and
- Not disclose Confidential Information to unnecessary third parties.
 
For purposes of this Agreement, Confidential Information includes, but is not limited to: Company created courses, any plan or documents used by Company in the course of the Coach-Client relationship, past, present, or future products, product or service information, pending projects/proposals, creative works, business plans, marketing strategies, customer lists, business records, financial information, and any other information designated as confidential by the Parties.
 
Information is not confidential if it is generally available or known within the internet industry, it is in the public domain, it was known to either party before this Agreement was entered into, it was independently received by either party from a third party, or it was developed independently by the Company or Client.
 
XIV. INDEPENDENT CONTRACTOR STATUS
 
Company is an independent contractor and shall not be considered an employee of You. Nothing contained in this Agreement shall be construed to create any relationship of employer and employee, agent and principal, partnership or joint venture between the Parties. You understand that Company is an independent contractor and shall remain free to enter into additional contracts and provide services and programs to others.
 
XV. NOTICE
 
Any notices required or permitted to be given hereunder shall be given via email to hello@itsjessicahawks.com. Any notice shall be effective upon delivery.
 
XVI. FORCE MAJEURE
 
In the event Company is unable to perform its obligations under the terms of this Agreement because of, including but not limited to: acts of God, strikes, government restrictions, communicable diseases, epidemics, pandemics, national disasters, or other causes reasonably beyond control, Company shall notify You of the Force Majeure Event and its impact on performance under this Agreement. Company shall use reasonable efforts to resolve any issues resulting from the Force Majeure Event to perform obligations under this Agreement. Company shall not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes
 
XVII. NON-DISPARAGMENT
 
By purchasing this product, you agree to refrain from making any statements, whether oral or in writing, that negatively impact Company’s business, services, products, or reputation.
 
XVIII. ASSIGNMENT
 
There shall be no assignment of obligations. Neither Party may assign any of its respective obligations under this Agreement without the express written consent of the other Party.
 
XIX. SEVERABILITY
 
If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.
 
XX. DISPUTE RESOLUTION
 
If any dispute arises out of or related to a claimed breach of this Agreement or any other disagreement of any nature, type or description, regardless of the facts or the legal theories which may be involved, such dispute shall be resolved by binding arbitration by a single arbitrator in the State of South Carolina. If Company is deemed the successful party to the dispute, Company will be entitled to costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which Company may be entitled. The parties agree to waive their right to a jury trial. Parties further agree that prior to arbitration, both Parties will make a good faith effort to resolve the dispute without the necessity of outside intervention. You agree that in order to be considered “a good faith effort,” You must give Company written notice of any dispute about costs, fees or expenses within three (3) days of the date You are charged.  
 
XXI. VENUE AND APPLICABLE LAW
 
This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of South Carolina. Both Parties agree to submit to the jurisdiction of and venue in the State of South Carolina. Should any claim, controversy, or dispute arise between the Parties under the terms of this Agreement, such a claim or controversy shall be resolved only in the State of South Carolina.
 
XXII. SIGNATURES
 
This Agreement shall be signed by both Parties agreeing to the terms laid out above. This Agreement is effective upon our signatures as of the day and date first above stated.
 
XXIII. ENTIRE AGREEMENT
 
This Agreement contains the entire agreement of the Parties relating to the rights granted and obligations assumed in this Agreement. Any oral representations or modifications concerning this instrument shall be of no force or effect.
 
XXIV. ALL RIGHTS RESERVED.
 
All rights not expressly granted in this Agreement are reserved by us.