Terms of Use
ALICE EVERDEEN LLC TERMS AND CONDITIONS OF USE
Please review these Terms and Conditions of Use (“TOU”) thoroughly. You must agree to these TOU before you may access any Alice Everdeen LLC digital or downloadable resources, online courses, one-on-one or group coaching, memberships, classes, programs, workshops, or training. This agreement also applies to participation in any Alice Everdeen LLC challenges or events (whether live or virtual), or entry into any online private forums managed by Alice Everdeen LLC (for any purpose), whether hosted on a website by Alice Everdeen LLC, including
learnlaunchlead.com
, or on a third-party platform such as an online course platform or
Facebook.com
(collectively “the Program”).
If you do not agree with these TOU, you may not use the Program.
As defined in these Terms of Use, the term “Releasees” encompasses the following: (i) Alice Everdeen LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors, and assigns (collectively “the Company”); (ii) any Company volunteers; and (iii) Alice Everdeen.
1. Program and Participants
As part of the Program, you will receive the services and/or digital products specified on the registration web page. The Company reserves the right to periodically offer additional Program elements to select subgroups of participants. These supplementary Program elements are considered bonuses and are not included in the base version of the Program. Selection of participants for any additional Program components is solely at the Company's discretion.
Should you wish to participate in another session of the Program in the future or purchase any other products, programs, or services from the Company, all terms of these TOU will continue to apply unless superseded by another written agreement.
This Program is designed for individuals aged eighteen (18) and above. Certain content within the Program may be unsuitable for children. The Company disclaims all liability for use by individuals under the age of eighteen (18).
2. Program Promotional Offers
Periodically, the Company may, at its sole discretion, extend promotional pricing, discounts, and/or bonuses ("Promotional Offer") to Program participants. Details of the Promotional Offer will be specified on the Company's registration webpage for the Program.
3. Payment
You agree to the fees and payment schedule selected at checkout. All payments must be made in USD. You acknowledge and agree that for any annual or monthly membership or continuous service Programs, you will continue to receive services in the Program you selected at checkout, unless and until you decide to cancel.
When paying by debit or credit card, you authorize us to automatically charge your card for all fees and charges due to the Company, without requiring additional authorization. You will receive an electronic receipt for these transactions. You also agree that the Company is authorized to share any payment information and instructions necessary to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
If payment is not received by the due date, you will have a seven (7) day grace period to make the payment. Otherwise, the Program will not continue, and we reserve the right to terminate your access to the Program and all associated Content immediately and permanently.
Should you fail to make any payment on time or voluntarily withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you have chosen. The Company reserves the right to charge a late fee on all balances more than thirty (30) days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
4. Refunds
A. Non-Refundable: The Company does not offer refunds for the Voice Acting Bootcamp. Except as required by law, you acknowledge that refunds for any portion of your payment for our Program are not available, and no refunds will be provided at any time. By using and/or purchasing our Program, you understand and agree that all sales are final, and no refunds will be issued.
As previously mentioned, tickets for the Voice Acting Bootcamp and all "challenges" are non-refundable. However, a ticket purchaser may transfer their ticket by emailing
. The Company must receive the transfer request no later than thirty (30) days before the Event. The ticket will be transferred only after the recipient of the transferred ticket agrees to these Terms of Use and pays the Company a transfer fee of twenty dollars ($20.00).
B.
30-Day Guarantee: The Company offers a 30-Day Guarantee exclusively for Speak Easy, Earn Hard: the Voiceover Blueprint.
To claim the 30-Day Guarantee, you must email
within thirty (30) days of purchasing the Program(s). The Company will NOT provide refunds for any requests submitted more than thirty (30) days after the purchase date. Beyond the thirty (30) day period, all payments are non-refundable, and you are responsible for the full payment of the Program fees, regardless of program completion.
Upon determining that you are entitled to a refund pursuant to the policies outlined above, the Company will promptly instruct its payment processor to issue the refund. The Company does not control its payment processor and, therefore, cannot expedite any refunds.
In all other cases (aside from the refund policies listed above), due to the significant time, effort, preparation, and care invested in creating and providing the Program, the Company maintains a no refund policy. Unless otherwise required by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs. No refunds will be provided unless the Company, at its sole discretion, decides to offer you a refund. By using and/or purchasing our Program, you understand and agree that, except for the limited refund period described above, all sales are final, and no refunds will be provided.
If you receive a refund, all licenses granted to you for the use of the material and Content, as defined below, will be immediately terminated. You must cease using the material and Content immediately and destroy all copies of the provided information, including but not limited to: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups restricted to paying participants, and other resources.
The Company reserves the right, at its sole discretion, to determine the appropriate disciplinary action for any participant who violates these terms. Consequently, if a participant disagrees with the Company's disciplinary measures against another participant and requests a refund, such a request will be denied.
Moreover, if a participant violates these terms, the Company reserves the right, at its sole discretion, to provide the participant with another opportunity to comply with these terms. Should a participant disagree with the Company’s decision to offer another participant a second chance to adhere to these terms, this will not constitute grounds for a refund, and any such request will be denied.
If, in the Company's sole discretion, you continue with behaviors or actions that breach these terms, the Company may terminate your access and participation in the Program without notice and without refund.
The Company may offer additional program elements for a subset of participants, as outlined in these TOU. The Company reserves the right, at its sole discretion, to extend participation in these additional program elements to specific participants. If a participant is denied participation in these additional program elements, this does not constitute grounds for a refund, and any such refund request will be denied.
Given our explicit Refund Policy detailed in these TOU, which you agreed to prior to purchasing the Program, we do not accept or tolerate any chargeback threats or actual chargebacks from your credit card company or payment processor. Should a chargeback be initiated on a purchase, or if we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or any other relevant entity for inclusion in a chargeback database or for listing as a delinquent account. This could negatively impact your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers seeking removal from the database must make payment for the amount of the chargeback.
5. Intellectual Property Rights
a. Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases, and all other information and intellectual property accessible on or through the Company website, any third-party website utilized by the Company to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all the aforementioned (“the Content”), are the property of the Company and/or our affiliates or licensors, unless otherwise noted. This material is protected by copyright, trademark, and other intellectual property laws.
b. The Company’s Limited License to You
If you view, purchase, or access any Program or Content, you will be considered our Licensee. To clarify, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited exclusively to you.
This implies you may view, download, print, email, and use one copy of individual pages of the Program and Content solely for your personal purposes or your own business use.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any manner that generates revenue for you or any third party (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Program or Content for personal use, you in no way assume any ownership rights of the Content—it remains the property of the Company. Any unauthorized use of any materials found in the Program or Content shall constitute infringement.
You must obtain our written permission before using any part of the Program or Content for your own commercial use or before sharing it with others.
The trademarks and logos displayed on the Program or Content are the exclusive property of the Company, unless otherwise indicated. Any use, including framing, metatags, or other text utilizing these trademarks or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any explicit written license are reserved by us.
c. Unauthorized Use
Your use of any materials found in the Program or Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use. You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
d. Your License to the Company; Use in Testimonials and Marketing.
By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials, and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of the Company’s current or future Program and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.
You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.
This means you give the Company permission to use anything you submit or post in the Program or any third-party forum or website operated by the Company, or anything captured by the Company during your participation in the Program, including images in which your face is visible and recognizable.
e. Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by sending an e-mail to
.
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Program and Content.
6. Your Conduct
The Program is a “pitch free zone.” You agree not to pitch, promote, market, or sell any products, groups, programs, or events to Program participants on any Company website or third-party forums operated by the Company, regardless of whether they are officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask Program participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You further agree not to invite Program participants to attend events such as meetups, seminars, or programs without obtaining prior approval from the Company. Additionally, you agree not to market, promote, or sell products or services, such as marketing resources, coaching services, or other offerings to Program participants unless expressly authorized or requested by the Company.
Please exercise caution when uploading, submitting, or embedding materials on any website operated by the Company or any third-party forums managed by the Company. Be aware that any material you post on the Company’s website or third-party forums may become public.
You are responsible for Your Material and for any liability that may result from any material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
You are strictly prohibited from the following actions:
Harassing, fighting with, or being disrespectful to other participants
Damaging any Company website or third-party forums operated by the Company
Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent, or harmful purpose or activity
Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish, or distribute any spyware, virus, worm, Trojan horse, keystroke logger, or other malicious software
Using any Company website or third-party forums operated by the Company to transmit, send, or deliver unsolicited communications or for other marketing or advertising purposes
Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
Sharing private and proprietary information from other participants with anyone else
Engaging in discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels
If, at the Company's sole discretion, your conduct violates these Terms of Use in any way, you agree that the Company may immediately and permanently terminate your participation in the Program and your access to the Content without refund.
The Company strives to create a safe and welcoming environment for all participants; however, it cannot guarantee that all individuals will adhere to these guidelines. At its sole discretion, the Company may remove any participant’s comments, posts, content, or materials. Nonetheless, the Company is not obligated to review all comments, posts, content, and material shared within any online private forums or groups, or on any group call. Consequently, the Company shall not be held liable for any participant’s comments, actions, posts, content, or materials that may cause trauma or discomfort to another participant.
The Company neither endorses nor guarantees the accuracy or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage resulting from third-party posts, comments, or materials on the Company website or any third-party forums operated by the Company.
7. Community Guidelines
The Company has established a community that serves as a safe and judgment-free space for connection, conversation, learning, and growth. Within this community, it is expected that all participants will treat one another with respect, fostering an environment of encouragement and consideration.
The Company’s community guidelines are as follows:
The Company’s Program fosters diversity among its participants. Consequently, the Company encourages all participants to connect with one another and to learn about each other’s backgrounds, interests, hobbies, and perspectives. The Company does not tolerate or support any participant’s discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other identifiers.
The Company endeavors to create a safe and welcoming environment for all participants; however, the Company cannot guarantee that all participants will adhere to these guidelines. The Company, at its sole discretion, may remove any participant's comments, posts, content, or materials, but it is not obligated to review all shared content within the Program. Consequently, the Company shall not be held liable for any participant’s comments, actions, posts, content, or materials that cause trauma or discomfort to another participant.
The Company has established a safe space for all participants to feel seen, respected, and heard. The Company encourages participants to engage in respectful dialogue with one another. The Company does not support or tolerate any disrespectful actions or comments, including but not limited to hate speech, discriminatory remarks, or physical, mental, or emotional abuse. Therefore, each participant is expected to demonstrate respect towards one another.
Support each participant with words of encouragement, resources, or suggestions, while respecting each participant’s boundaries.
The Company reserves the right to offer additional program elements from time to time for any subgroup of participants. These additional program elements are a bonus and not part of the services included in the base participation of the Program. The selection of participants for any additional program elements is at the sole discretion of the Company.
We may also post additional rules regarding your conduct in any online community or forum, whether hosted on the Company’s website or a third-party website. These rules may be updated periodically. You agree to be bound by these rules, which are expressly incorporated into these Terms of Use.
Confidentiality
The Company is not legally obligated to maintain the confidentiality of your information. However, the Company commits to keeping all information regarding the coaching relationship confidential, except when disclosure is mandated by law, such as in response to a court-issued subpoena or if you pose a threat to yourself or others. You acknowledge that your communications with your coach are not protected by doctor-patient or any other privileges.
Confidential information does not encompass information that:
was in the Company’s possession prior to your participation in the Program;
is generally known to the public or within your circle of friends, family, and co-workers; or
the Company is legally obligated to disclose.
You may use a screen name or pseudonym instead of your actual name for participation in group coaching sessions and public posts on the Company website and in third-party forums operated by the Company.
You acknowledge that the Company shall not be liable for any disclosure of your information by another Program participant. You agree to maintain strict confidentiality regarding all information you learn about other Program participants, their businesses, or clients (as applicable), except in rare circumstances where disclosure is legally mandated.
The Company may record coaching calls and share them within the Program, on the Company’s website, or on third-party forums operated by the Company.
You agree not to share any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s website or any third-party forums operated by the Company. If the Company determines that you have done so, this will result in the immediate termination of your access to the Program and Content.
Username and Password
To access specific features of the Program, including private membership areas, a username and password may be required. It is your responsibility to notify the Company before the Program start date if you do not receive an email containing your password to access the Program. You are obligated to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current, and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with others, or forwarded any non-public material from the Program to another individual, the Company reserves the right to suspend or terminate your account and deny any and all current or future use of the Program or any Content, in whole or in part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy
Termination or Cancellation
The Company reserves the right, at its sole discretion, to refuse or terminate your access to the Program and Content, in whole or in part, at any time without notice or refund. Should you breach any portion of these TOU, the Company may terminate your participation in the Program at any time, without refund. Upon cancellation or termination, you are no longer authorized to access the affected parts of the Program or Content. The restrictions imposed on you by these TOU regarding the Program and its Content will remain in effect now and in the future, even after termination by you or the Company.
Should you wish to cancel your access and participation in the Program, your access to all Company materials and Content will be terminated immediately, and the refund policy outlined in paragraph 4 of these TOU will apply. No refunds will be issued for any payments made, nor for any remaining days or months of the Program following your cancellation.
In the event of cancellation, any remaining installment, default, or late payments will be due immediately.
8. Personal Responsibility, Assumption of Risk, Release, Disclaimers
You are voluntarily participating in the Program and assume all risks of injury, illness, damage, or loss to yourself or your property that might result, whether arising from the negligence of Releasees or otherwise.
The Program and its Content are provided for informational and educational purposes only and do not offer any financial, legal, medical, or psychological services or advice. None of the Program or Content is intended to prevent, cure, or treat any mental or medical condition. The Program and Content are not substitutes for professional advice that can be provided by your accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental, and emotional well-being, decisions, choices, actions, and results. You should consult with a professional if you have specific questions about your unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.
You agree that you will not use coaching as a method for diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with your mental health care provider regarding your decision to work with a coach.
You acknowledge that by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property. You release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs, and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs, or expenses of any kind, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended to be an attempted release of claims of gross negligence or intentional acts by Releasees.
In the event that the release and hold harmless provision is deemed unenforceable for any reason, you agree to limit any damages claimed to the total amount paid to the Company for the Program.
Earnings and Results Disclaimer: You acknowledge that the Company has not made and does not make any representations regarding the earnings or results you may receive from your participation in the Program. The Company cannot and does not guarantee that you will achieve any specific results or earnings from your use of the Program, and you understand that results and earnings vary for each individual.
Any links to third-party products, services, or sites are governed by separate terms and conditions. The Company is not responsible for, nor liable for, any content on or actions taken by such third-party companies or websites. Although the Company may recommend third-party sites, products, or services, it is your responsibility to thoroughly research these third parties before entering into any transactions or relationships with them.
The Company endeavors to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time to allow for repairs, maintenance, or updates, though we will strive to minimize the frequency and duration of any suspension or restriction.
The information, products, and services offered through the Program and Content are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible under applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Company does not warrant that the Program or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of the Company’s website, including membership pages, or the servers that make it available, are free of viruses or other harmful components.
The Company shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from the use of, or the inability to use, the Program, including its content, products, or services, or third-party materials, products, or services made available through the Program.
9. SMS Marketing
By providing your phone number and opting in to receive SMS messages from Alice Everdeen LLC, you agree to the following terms and conditions:
a. Opt-In Consent
By submitting your phone number, you consent to receive SMS marketing messages from Alice Everdeen LLC. This is a one-time opt-in, and you will receive recurring messages until you choose to opt out.
b. Opt-Out Instructions
You may opt out of receiving SMS messages at any time by replying "STOP" to any message from Alice Everdeen LLC. You will receive a confirmation message indicating that you have been unsubscribed.
c. Message Frequency
The frequency of SMS messages from Alice Everdeen LLC will depend on the specific program or event for which you have signed up. For example, if you register for a 5-day challenge or an event, you will receive daily reminders during the duration of the challenge or event.
d. Content
SMS messages from Alice Everdeen LLC will include promotional offers, updates, alerts, and other pertinent information related to our products and services.
e. Data Rates May Apply
Standard text messaging rates from your carrier may apply when receiving SMS messages from Alice Everdeen LLC.
f. Privacy Policy
Alice Everdeen LLC respects your privacy and is committed to protecting your personal information. For more information on how we collect, use, and safeguard your data, please see our Privacy Policy.
g. Age Restriction
By opting in to receive SMS messages from Alice Everdeen LLC, you confirm that you are at least 18 years old.
h. Company Information
Alice Everdeen LLC can be contacted at
.
10. Security
You acknowledge the inherent risk in all forms of electronic communication, and understand that communications between you and the Company may be unlawfully intercepted by third parties beyond our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with the Company are done at your own risk.
11. Legal Disputes, Arbitration, Class Action Waiver & Jurisdiction
a. Legal Disputes
These TOU shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws principles. The state and federal courts nearest to Bay Head, New Jersey, shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to the Company’s Privacy Policy or these TOU, except as provided in the Arbitration Clause below.
b. Arbitration
Any dispute, claim, or controversy arising out of or relating to these TOU, the Program, or the Content, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be settled by arbitration in Bay Head, New Jersey, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction.
c. Class Action Waiver
You agree that any arbitration or court proceeding shall be limited to the dispute between you and the Company individually. To the fullest extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
d. Jurisdiction & Prevailing Party Rights
By using the Program or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and arbitration proceedings, consent irrevocably to personal jurisdiction in such courts and arbitration proceedings, and waive any defense of forum non conveniens. The prevailing party in any dispute arising out of or related to these TOU, whether resolved by negotiation, mediation, arbitration, or litigation, shall be entitled to recover its attorneys' fees and costs from the other party.
12. Users Outside the United States
The Company manages and operates the Program from its offices in the United States. The Company makes no representation that the Program or its Content is appropriate or available for use in other locations. Those who choose to access the Program from other locations do so at their own initiative and are responsible for complying with local laws, to the extent such laws are applicable.
13. Indemnification
You agree to defend, indemnify, release, and hold harmless the Company, along with its directors, officers, agents, contractors, partners, assigns, successors-in-interest, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including, but not limited to, attorney’s fees) arising from or in connection with: (i) your use of the Program or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon the infringement of a third-party right by materials created by the Company), or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Force Majeure
The Company shall not be considered in breach of this TOU if it is unable to complete all or part of the Program due to fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company, or any local, state, federal, national or international law, governmental order, regulation, or any other event beyond the Company’s control (collectively, “Force Majeure Event”). Upon the occurrence of any Force Majeure Event, the Company shall notify the Client of its inability to perform or of delays in completing the Program, and shall propose revisions to the schedule for completion of the Program or other accommodations, or may terminate this TOU.
14. General Provisions
The Company reserves the right to modify the terms of this TOU at any time, without prior notice. Any access or use of the Company or Content by you following such changes constitutes your acceptance of those modifications. If any provision of this TOU is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be replaced by a valid and enforceable provision.
This document constitutes the entire agreement between the parties and reflects a complete understanding regarding the subject matter. This TOU supersedes all prior written and oral representations.
By clicking the box when signing up for the Program, you provide the electronic equivalent of your signature and affirm that you have read, understood, and agreed to this entire document. If you do not agree with these TOU, do not purchase or use the Program or Content.
Terms of Use
ALICE EVERDEEN LLC TERMS AND CONDITIONS OF USE
Please review these Terms and Conditions of Use (“TOU”) thoroughly. You must agree to these TOU before you may access any Alice Everdeen LLC digital or downloadable resources, online courses, one-on-one or group coaching, memberships, classes, programs, workshops, or training. This agreement also applies to participation in any Alice Everdeen LLC challenges or events (whether live or virtual), or entry into any online private forums managed by Alice Everdeen LLC (for any purpose), whether hosted on a website by Alice Everdeen LLC, including learnlaunchlead.com, or on a third-party platform such as an online course platform or Facebook.com (collectively “the Program”).
If you do not agree with these TOU, you may not use the Program.
As defined in these Terms of Use, the term “Releasees” encompasses the following: (i) Alice Everdeen LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors, and assigns (collectively “the Company”); (ii) any Company volunteers; and (iii) Alice Everdeen.
1. Program and Participants
As part of the Program, you will receive the services and/or digital products specified on the registration web page. The Company reserves the right to periodically offer additional Program elements to select subgroups of participants. These supplementary Program elements are considered bonuses and are not included in the base version of the Program. Selection of participants for any additional Program components is solely at the Company's discretion.
Should you wish to participate in another session of the Program in the future or purchase any other products, programs, or services from the Company, all terms of these TOU will continue to apply unless superseded by another written agreement.
This Program is designed for individuals aged eighteen (18) and above. Certain content within the Program may be unsuitable for children. The Company disclaims all liability for use by individuals under the age of eighteen (18).
2. Program Promotional Offers
Periodically, the Company may, at its sole discretion, extend promotional pricing, discounts, and/or bonuses ("Promotional Offer") to Program participants. Details of the Promotional Offer will be specified on the Company's registration webpage for the Program.
3. Payment
You agree to the fees and payment schedule selected at checkout. All payments must be made in USD. You acknowledge and agree that for any annual or monthly membership or continuous service Programs, you will continue to receive services in the Program you selected at checkout, unless and until you decide to cancel.
When paying by debit or credit card, you authorize us to automatically charge your card for all fees and charges due to the Company, without requiring additional authorization. You will receive an electronic receipt for these transactions. You also agree that the Company is authorized to share any payment information and instructions necessary to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
If payment is not received by the due date, you will have a seven (7) day grace period to make the payment. Otherwise, the Program will not continue, and we reserve the right to terminate your access to the Program and all associated Content immediately and permanently.
Should you fail to make any payment on time or voluntarily withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you have chosen. The Company reserves the right to charge a late fee on all balances more than thirty (30) days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
4. Refunds
A. Non-Refundable: The Company does not offer refunds for the Voice Acting Bootcamp. Except as required by law, you acknowledge that refunds for any portion of your payment for our Program are not available, and no refunds will be provided at any time. By using and/or purchasing our Program, you understand and agree that all sales are final, and no refunds will be issued.
As previously mentioned, tickets for the Voice Acting Bootcamp and all "challenges" are non-refundable. However, a ticket purchaser may transfer their ticket by emailing [email protected]. The Company must receive the transfer request no later than thirty (30) days before the Event. The ticket will be transferred only after the recipient of the transferred ticket agrees to these Terms of Use and pays the Company a transfer fee of twenty dollars ($20.00).
B. 30-Day Guarantee: The Company offers a 30-Day Guarantee exclusively for Speak Easy, Earn Hard: the Voiceover Blueprint.
To claim the 30-Day Guarantee, you must email [email protected] within thirty (30) days of purchasing the Program(s). The Company will NOT provide refunds for any requests submitted more than thirty (30) days after the purchase date. Beyond the thirty (30) day period, all payments are non-refundable, and you are responsible for the full payment of the Program fees, regardless of program completion.
Upon determining that you are entitled to a refund pursuant to the policies outlined above, the Company will promptly instruct its payment processor to issue the refund. The Company does not control its payment processor and, therefore, cannot expedite any refunds.
In all other cases (aside from the refund policies listed above), due to the significant time, effort, preparation, and care invested in creating and providing the Program, the Company maintains a no refund policy. Unless otherwise required by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs. No refunds will be provided unless the Company, at its sole discretion, decides to offer you a refund. By using and/or purchasing our Program, you understand and agree that, except for the limited refund period described above, all sales are final, and no refunds will be provided.
If you receive a refund, all licenses granted to you for the use of the material and Content, as defined below, will be immediately terminated. You must cease using the material and Content immediately and destroy all copies of the provided information, including but not limited to: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups restricted to paying participants, and other resources.
The Company reserves the right, at its sole discretion, to determine the appropriate disciplinary action for any participant who violates these terms. Consequently, if a participant disagrees with the Company's disciplinary measures against another participant and requests a refund, such a request will be denied.
Moreover, if a participant violates these terms, the Company reserves the right, at its sole discretion, to provide the participant with another opportunity to comply with these terms. Should a participant disagree with the Company’s decision to offer another participant a second chance to adhere to these terms, this will not constitute grounds for a refund, and any such request will be denied.
If, in the Company's sole discretion, you continue with behaviors or actions that breach these terms, the Company may terminate your access and participation in the Program without notice and without refund.
The Company may offer additional program elements for a subset of participants, as outlined in these TOU. The Company reserves the right, at its sole discretion, to extend participation in these additional program elements to specific participants. If a participant is denied participation in these additional program elements, this does not constitute grounds for a refund, and any such refund request will be denied.
Given our explicit Refund Policy detailed in these TOU, which you agreed to prior to purchasing the Program, we do not accept or tolerate any chargeback threats or actual chargebacks from your credit card company or payment processor. Should a chargeback be initiated on a purchase, or if we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or any other relevant entity for inclusion in a chargeback database or for listing as a delinquent account. This could negatively impact your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers seeking removal from the database must make payment for the amount of the chargeback.
5. Intellectual Property Rights
a. Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases, and all other information and intellectual property accessible on or through the Company website, any third-party website utilized by the Company to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all the aforementioned (“the Content”), are the property of the Company and/or our affiliates or licensors, unless otherwise noted. This material is protected by copyright, trademark, and other intellectual property laws.
b. The Company’s Limited License to You
If you view, purchase, or access any Program or Content, you will be considered our Licensee. To clarify, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited exclusively to you.
This implies you may view, download, print, email, and use one copy of individual pages of the Program and Content solely for your personal purposes or your own business use.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any manner that generates revenue for you or any third party (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Program or Content for personal use, you in no way assume any ownership rights of the Content—it remains the property of the Company. Any unauthorized use of any materials found in the Program or Content shall constitute infringement.
You must obtain our written permission before using any part of the Program or Content for your own commercial use or before sharing it with others.
The trademarks and logos displayed on the Program or Content are the exclusive property of the Company, unless otherwise indicated. Any use, including framing, metatags, or other text utilizing these trademarks or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any explicit written license are reserved by us.
c. Unauthorized Use
Your use of any materials found in the Program or Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use. You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
d. Your License to the Company; Use in Testimonials and Marketing.
By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials, and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of the Company’s current or future Program and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.
You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.
This means you give the Company permission to use anything you submit or post in the Program or any third-party forum or website operated by the Company, or anything captured by the Company during your participation in the Program, including images in which your face is visible and recognizable.
e. Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by sending an e-mail to [email protected].
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Program and Content.
6. Your Conduct
The Program is a “pitch free zone.” You agree not to pitch, promote, market, or sell any products, groups, programs, or events to Program participants on any Company website or third-party forums operated by the Company, regardless of whether they are officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask Program participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You further agree not to invite Program participants to attend events such as meetups, seminars, or programs without obtaining prior approval from the Company. Additionally, you agree not to market, promote, or sell products or services, such as marketing resources, coaching services, or other offerings to Program participants unless expressly authorized or requested by the Company.
Please exercise caution when uploading, submitting, or embedding materials on any website operated by the Company or any third-party forums managed by the Company. Be aware that any material you post on the Company’s website or third-party forums may become public.
You are responsible for Your Material and for any liability that may result from any material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
You are strictly prohibited from the following actions:
Harassing, fighting with, or being disrespectful to other participants
Damaging any Company website or third-party forums operated by the Company
Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent, or harmful purpose or activity
Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish, or distribute any spyware, virus, worm, Trojan horse, keystroke logger, or other malicious software
Using any Company website or third-party forums operated by the Company to transmit, send, or deliver unsolicited communications or for other marketing or advertising purposes
Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
Sharing private and proprietary information from other participants with anyone else
Engaging in discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels
If, at the Company's sole discretion, your conduct violates these Terms of Use in any way, you agree that the Company may immediately and permanently terminate your participation in the Program and your access to the Content without refund.
The Company strives to create a safe and welcoming environment for all participants; however, it cannot guarantee that all individuals will adhere to these guidelines. At its sole discretion, the Company may remove any participant’s comments, posts, content, or materials. Nonetheless, the Company is not obligated to review all comments, posts, content, and material shared within any online private forums or groups, or on any group call. Consequently, the Company shall not be held liable for any participant’s comments, actions, posts, content, or materials that may cause trauma or discomfort to another participant.
The Company neither endorses nor guarantees the accuracy or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage resulting from third-party posts, comments, or materials on the Company website or any third-party forums operated by the Company.
7. Community Guidelines
The Company has established a community that serves as a safe and judgment-free space for connection, conversation, learning, and growth. Within this community, it is expected that all participants will treat one another with respect, fostering an environment of encouragement and consideration.
The Company’s community guidelines are as follows:
The Company’s Program fosters diversity among its participants. Consequently, the Company encourages all participants to connect with one another and to learn about each other’s backgrounds, interests, hobbies, and perspectives. The Company does not tolerate or support any participant’s discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other identifiers.
The Company endeavors to create a safe and welcoming environment for all participants; however, the Company cannot guarantee that all participants will adhere to these guidelines. The Company, at its sole discretion, may remove any participant's comments, posts, content, or materials, but it is not obligated to review all shared content within the Program. Consequently, the Company shall not be held liable for any participant’s comments, actions, posts, content, or materials that cause trauma or discomfort to another participant.
The Company has established a safe space for all participants to feel seen, respected, and heard. The Company encourages participants to engage in respectful dialogue with one another. The Company does not support or tolerate any disrespectful actions or comments, including but not limited to hate speech, discriminatory remarks, or physical, mental, or emotional abuse. Therefore, each participant is expected to demonstrate respect towards one another.
Support each participant with words of encouragement, resources, or suggestions, while respecting each participant’s boundaries.
The Company reserves the right to offer additional program elements from time to time for any subgroup of participants. These additional program elements are a bonus and not part of the services included in the base participation of the Program. The selection of participants for any additional program elements is at the sole discretion of the Company.
We may also post additional rules regarding your conduct in any online community or forum, whether hosted on the Company’s website or a third-party website. These rules may be updated periodically. You agree to be bound by these rules, which are expressly incorporated into these Terms of Use.
Confidentiality
The Company is not legally obligated to maintain the confidentiality of your information. However, the Company commits to keeping all information regarding the coaching relationship confidential, except when disclosure is mandated by law, such as in response to a court-issued subpoena or if you pose a threat to yourself or others. You acknowledge that your communications with your coach are not protected by doctor-patient or any other privileges.
Confidential information does not encompass information that:
was in the Company’s possession prior to your participation in the Program;
is generally known to the public or within your circle of friends, family, and co-workers; or
the Company is legally obligated to disclose.
You may use a screen name or pseudonym instead of your actual name for participation in group coaching sessions and public posts on the Company website and in third-party forums operated by the Company.
You acknowledge that the Company shall not be liable for any disclosure of your information by another Program participant. You agree to maintain strict confidentiality regarding all information you learn about other Program participants, their businesses, or clients (as applicable), except in rare circumstances where disclosure is legally mandated.
The Company may record coaching calls and share them within the Program, on the Company’s website, or on third-party forums operated by the Company.
You agree not to share any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s website or any third-party forums operated by the Company. If the Company determines that you have done so, this will result in the immediate termination of your access to the Program and Content.
Username and Password
To access specific features of the Program, including private membership areas, a username and password may be required. It is your responsibility to notify the Company before the Program start date if you do not receive an email containing your password to access the Program. You are obligated to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current, and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with others, or forwarded any non-public material from the Program to another individual, the Company reserves the right to suspend or terminate your account and deny any and all current or future use of the Program or any Content, in whole or in part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy
Termination or Cancellation
The Company reserves the right, at its sole discretion, to refuse or terminate your access to the Program and Content, in whole or in part, at any time without notice or refund. Should you breach any portion of these TOU, the Company may terminate your participation in the Program at any time, without refund. Upon cancellation or termination, you are no longer authorized to access the affected parts of the Program or Content. The restrictions imposed on you by these TOU regarding the Program and its Content will remain in effect now and in the future, even after termination by you or the Company.
Should you wish to cancel your access and participation in the Program, your access to all Company materials and Content will be terminated immediately, and the refund policy outlined in paragraph 4 of these TOU will apply. No refunds will be issued for any payments made, nor for any remaining days or months of the Program following your cancellation.
In the event of cancellation, any remaining installment, default, or late payments will be due immediately.
8. Personal Responsibility, Assumption of Risk, Release, Disclaimers
You are voluntarily participating in the Program and assume all risks of injury, illness, damage, or loss to yourself or your property that might result, whether arising from the negligence of Releasees or otherwise.
The Program and its Content are provided for informational and educational purposes only and do not offer any financial, legal, medical, or psychological services or advice. None of the Program or Content is intended to prevent, cure, or treat any mental or medical condition. The Program and Content are not substitutes for professional advice that can be provided by your accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental, and emotional well-being, decisions, choices, actions, and results. You should consult with a professional if you have specific questions about your unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.
You agree that you will not use coaching as a method for diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with your mental health care provider regarding your decision to work with a coach.
You acknowledge that by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property. You release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs, and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs, or expenses of any kind, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended to be an attempted release of claims of gross negligence or intentional acts by Releasees.
In the event that the release and hold harmless provision is deemed unenforceable for any reason, you agree to limit any damages claimed to the total amount paid to the Company for the Program.
Earnings and Results Disclaimer: You acknowledge that the Company has not made and does not make any representations regarding the earnings or results you may receive from your participation in the Program. The Company cannot and does not guarantee that you will achieve any specific results or earnings from your use of the Program, and you understand that results and earnings vary for each individual.
Any links to third-party products, services, or sites are governed by separate terms and conditions. The Company is not responsible for, nor liable for, any content on or actions taken by such third-party companies or websites. Although the Company may recommend third-party sites, products, or services, it is your responsibility to thoroughly research these third parties before entering into any transactions or relationships with them.
The Company endeavors to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time to allow for repairs, maintenance, or updates, though we will strive to minimize the frequency and duration of any suspension or restriction.
The information, products, and services offered through the Program and Content are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible under applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Company does not warrant that the Program or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of the Company’s website, including membership pages, or the servers that make it available, are free of viruses or other harmful components.
The Company shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from the use of, or the inability to use, the Program, including its content, products, or services, or third-party materials, products, or services made available through the Program.
9. SMS Marketing
By providing your phone number and opting in to receive SMS messages from Alice Everdeen LLC, you agree to the following terms and conditions:
a. Opt-In Consent
By submitting your phone number, you consent to receive SMS marketing messages from Alice Everdeen LLC. This is a one-time opt-in, and you will receive recurring messages until you choose to opt out.
b. Opt-Out Instructions
You may opt out of receiving SMS messages at any time by replying "STOP" to any message from Alice Everdeen LLC. You will receive a confirmation message indicating that you have been unsubscribed.
c. Message Frequency
The frequency of SMS messages from Alice Everdeen LLC will depend on the specific program or event for which you have signed up. For example, if you register for a 5-day challenge or an event, you will receive daily reminders during the duration of the challenge or event.
d. Content
SMS messages from Alice Everdeen LLC will include promotional offers, updates, alerts, and other pertinent information related to our products and services.
e. Data Rates May Apply
Standard text messaging rates from your carrier may apply when receiving SMS messages from Alice Everdeen LLC.
f. Privacy Policy
Alice Everdeen LLC respects your privacy and is committed to protecting your personal information. For more information on how we collect, use, and safeguard your data, please see our Privacy Policy.
g. Age Restriction
By opting in to receive SMS messages from Alice Everdeen LLC, you confirm that you are at least 18 years old.
h. Company Information
Alice Everdeen LLC can be contacted at [email protected].
10. Security
You acknowledge the inherent risk in all forms of electronic communication, and understand that communications between you and the Company may be unlawfully intercepted by third parties beyond our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with the Company are done at your own risk.
11. Legal Disputes, Arbitration, Class Action Waiver & Jurisdiction
a. Legal Disputes
These TOU shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws principles. The state and federal courts nearest to Bay Head, New Jersey, shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to the Company’s Privacy Policy or these TOU, except as provided in the Arbitration Clause below.
b. Arbitration
Any dispute, claim, or controversy arising out of or relating to these TOU, the Program, or the Content, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be settled by arbitration in Bay Head, New Jersey, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction.
c. Class Action Waiver
You agree that any arbitration or court proceeding shall be limited to the dispute between you and the Company individually. To the fullest extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
d. Jurisdiction & Prevailing Party Rights
By using the Program or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and arbitration proceedings, consent irrevocably to personal jurisdiction in such courts and arbitration proceedings, and waive any defense of forum non conveniens. The prevailing party in any dispute arising out of or related to these TOU, whether resolved by negotiation, mediation, arbitration, or litigation, shall be entitled to recover its attorneys' fees and costs from the other party.
12. Users Outside the United States
The Company manages and operates the Program from its offices in the United States. The Company makes no representation that the Program or its Content is appropriate or available for use in other locations. Those who choose to access the Program from other locations do so at their own initiative and are responsible for complying with local laws, to the extent such laws are applicable.
13. Indemnification
You agree to defend, indemnify, release, and hold harmless the Company, along with its directors, officers, agents, contractors, partners, assigns, successors-in-interest, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including, but not limited to, attorney’s fees) arising from or in connection with: (i) your use of the Program or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon the infringement of a third-party right by materials created by the Company), or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Force Majeure
The Company shall not be considered in breach of this TOU if it is unable to complete all or part of the Program due to fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company, or any local, state, federal, national or international law, governmental order, regulation, or any other event beyond the Company’s control (collectively, “Force Majeure Event”). Upon the occurrence of any Force Majeure Event, the Company shall notify the Client of its inability to perform or of delays in completing the Program, and shall propose revisions to the schedule for completion of the Program or other accommodations, or may terminate this TOU.
14. General Provisions
The Company reserves the right to modify the terms of this TOU at any time, without prior notice. Any access or use of the Company or Content by you following such changes constitutes your acceptance of those modifications. If any provision of this TOU is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be replaced by a valid and enforceable provision.
This document constitutes the entire agreement between the parties and reflects a complete understanding regarding the subject matter. This TOU supersedes all prior written and oral representations.
By clicking the box when signing up for the Program, you provide the electronic equivalent of your signature and affirm that you have read, understood, and agreed to this entire document. If you do not agree with these TOU, do not purchase or use the Program or Content.
Terms of Use
ALICE EVERDEEN LLC TERMS AND CONDITIONS OF USE
Please review these Terms and Conditions of Use (“TOU”) thoroughly. You must agree to these TOU before you may access any Alice Everdeen LLC digital or downloadable resources, online courses, one-on-one or group coaching, memberships, classes, programs, workshops, or training. This agreement also applies to participation in any Alice Everdeen LLC challenges or events (whether live or virtual), or entry into any online private forums managed by Alice Everdeen LLC (for any purpose), whether hosted on a website by Alice Everdeen LLC, including learnlaunchlead.com, or on a third-party platform such as an online course platform or Facebook.com (collectively “the Program”).
If you do not agree with these TOU, you may not use the Program.
As defined in these Terms of Use, the term “Releasees” encompasses the following: (i) Alice Everdeen LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors, and assigns (collectively “the Company”); (ii) any Company volunteers; and (iii) Alice Everdeen.
1. Program and Participants
As part of the Program, you will receive the services and/or digital products specified on the registration web page. The Company reserves the right to periodically offer additional Program elements to select subgroups of participants. These supplementary Program elements are considered bonuses and are not included in the base version of the Program. Selection of participants for any additional Program components is solely at the Company's discretion.
Should you wish to participate in another session of the Program in the future or purchase any other products, programs, or services from the Company, all terms of these TOU will continue to apply unless superseded by another written agreement.
This Program is designed for individuals aged eighteen (18) and above. Certain content within the Program may be unsuitable for children. The Company disclaims all liability for use by individuals under the age of eighteen (18).
2. Program Promotional Offers
Periodically, the Company may, at its sole discretion, extend promotional pricing, discounts, and/or bonuses ("Promotional Offer") to Program participants. Details of the Promotional Offer will be specified on the Company's registration webpage for the Program.
3. Payment
You agree to the fees and payment schedule selected at checkout. All payments must be made in USD. You acknowledge and agree that for any annual or monthly membership or continuous service Programs, you will continue to receive services in the Program you selected at checkout, unless and until you decide to cancel.
When paying by debit or credit card, you authorize us to automatically charge your card for all fees and charges due to the Company, without requiring additional authorization. You will receive an electronic receipt for these transactions. You also agree that the Company is authorized to share any payment information and instructions necessary to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
If payment is not received by the due date, you will have a seven (7) day grace period to make the payment. Otherwise, the Program will not continue, and we reserve the right to terminate your access to the Program and all associated Content immediately and permanently.
Should you fail to make any payment on time or voluntarily withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you have chosen. The Company reserves the right to charge a late fee on all balances more than thirty (30) days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
4. Refunds
A. Non-Refundable: The Company does not offer refunds for the Voice Acting Bootcamp. Except as required by law, you acknowledge that refunds for any portion of your payment for our Program are not available, and no refunds will be provided at any time. By using and/or purchasing our Program, you understand and agree that all sales are final, and no refunds will be issued.
As previously mentioned, tickets for the Voice Acting Bootcamp and all "challenges" are non-refundable. However, a ticket purchaser may transfer their ticket by emailing [email protected]. The Company must receive the transfer request no later than thirty (30) days before the Event. The ticket will be transferred only after the recipient of the transferred ticket agrees to these Terms of Use and pays the Company a transfer fee of twenty dollars ($20.00).
B. 30-Day Guarantee: The Company offers a 30-Day Guarantee exclusively for Speak Easy, Earn Hard: the Voiceover Blueprint.
To claim the 30-Day Guarantee, you must email [email protected] within thirty (30) days of purchasing the Program(s). The Company will NOT provide refunds for any requests submitted more than thirty (30) days after the purchase date. Beyond the thirty (30) day period, all payments are non-refundable, and you are responsible for the full payment of the Program fees, regardless of program completion.
Upon determining that you are entitled to a refund pursuant to the policies outlined above, the Company will promptly instruct its payment processor to issue the refund. The Company does not control its payment processor and, therefore, cannot expedite any refunds.
In all other cases (aside from the refund policies listed above), due to the significant time, effort, preparation, and care invested in creating and providing the Program, the Company maintains a no refund policy. Unless otherwise required by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs. No refunds will be provided unless the Company, at its sole discretion, decides to offer you a refund. By using and/or purchasing our Program, you understand and agree that, except for the limited refund period described above, all sales are final, and no refunds will be provided.
If you receive a refund, all licenses granted to you for the use of the material and Content, as defined below, will be immediately terminated. You must cease using the material and Content immediately and destroy all copies of the provided information, including but not limited to: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups restricted to paying participants, and other resources.
The Company reserves the right, at its sole discretion, to determine the appropriate disciplinary action for any participant who violates these terms. Consequently, if a participant disagrees with the Company's disciplinary measures against another participant and requests a refund, such a request will be denied.
Moreover, if a participant violates these terms, the Company reserves the right, at its sole discretion, to provide the participant with another opportunity to comply with these terms. Should a participant disagree with the Company’s decision to offer another participant a second chance to adhere to these terms, this will not constitute grounds for a refund, and any such request will be denied.
If, in the Company's sole discretion, you continue with behaviors or actions that breach these terms, the Company may terminate your access and participation in the Program without notice and without refund.
The Company may offer additional program elements for a subset of participants, as outlined in these TOU. The Company reserves the right, at its sole discretion, to extend participation in these additional program elements to specific participants. If a participant is denied participation in these additional program elements, this does not constitute grounds for a refund, and any such refund request will be denied.
Given our explicit Refund Policy detailed in these TOU, which you agreed to prior to purchasing the Program, we do not accept or tolerate any chargeback threats or actual chargebacks from your credit card company or payment processor. Should a chargeback be initiated on a purchase, or if we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or any other relevant entity for inclusion in a chargeback database or for listing as a delinquent account. This could negatively impact your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers seeking removal from the database must make payment for the amount of the chargeback.
5. Intellectual Property Rights
a. Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases, and all other information and intellectual property accessible on or through the Company website, any third-party website utilized by the Company to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all the aforementioned (“the Content”), are the property of the Company and/or our affiliates or licensors, unless otherwise noted. This material is protected by copyright, trademark, and other intellectual property laws.
b. The Company’s Limited License to You
If you view, purchase, or access any Program or Content, you will be considered our Licensee. To clarify, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited exclusively to you.
This implies you may view, download, print, email, and use one copy of individual pages of the Program and Content solely for your personal purposes or your own business use.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any manner that generates revenue for you or any third party (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Program or Content for personal use, you in no way assume any ownership rights of the Content—it remains the property of the Company. Any unauthorized use of any materials found in the Program or Content shall constitute infringement.
You must obtain our written permission before using any part of the Program or Content for your own commercial use or before sharing it with others.
The trademarks and logos displayed on the Program or Content are the exclusive property of the Company, unless otherwise indicated. Any use, including framing, metatags, or other text utilizing these trademarks or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any explicit written license are reserved by us.
c. Unauthorized Use
Your use of any materials found in the Program or Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use. You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
d. Your License to the Company; Use in Testimonials and Marketing.
By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials, and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of the Company’s current or future Program and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.
You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.
This means you give the Company permission to use anything you submit or post in the Program or any third-party forum or website operated by the Company, or anything captured by the Company during your participation in the Program, including images in which your face is visible and recognizable.
e. Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by sending an e-mail to [email protected].
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Program and Content.
6. Your Conduct
The Program is a “pitch free zone.” You agree not to pitch, promote, market, or sell any products, groups, programs, or events to Program participants on any Company website or third-party forums operated by the Company, regardless of whether they are officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask Program participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You further agree not to invite Program participants to attend events such as meetups, seminars, or programs without obtaining prior approval from the Company. Additionally, you agree not to market, promote, or sell products or services, such as marketing resources, coaching services, or other offerings to Program participants unless expressly authorized or requested by the Company.
Please exercise caution when uploading, submitting, or embedding materials on any website operated by the Company or any third-party forums managed by the Company. Be aware that any material you post on the Company’s website or third-party forums may become public.
You are responsible for Your Material and for any liability that may result from any material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
You are strictly prohibited from the following actions:
Harassing, fighting with, or being disrespectful to other participants
Damaging any Company website or third-party forums operated by the Company
Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent, or harmful purpose or activity
Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish, or distribute any spyware, virus, worm, Trojan horse, keystroke logger, or other malicious software
Using any Company website or third-party forums operated by the Company to transmit, send, or deliver unsolicited communications or for other marketing or advertising purposes
Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
Sharing private and proprietary information from other participants with anyone else
Engaging in discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels
If, at the Company's sole discretion, your conduct violates these Terms of Use in any way, you agree that the Company may immediately and permanently terminate your participation in the Program and your access to the Content without refund.
The Company strives to create a safe and welcoming environment for all participants; however, it cannot guarantee that all individuals will adhere to these guidelines. At its sole discretion, the Company may remove any participant’s comments, posts, content, or materials. Nonetheless, the Company is not obligated to review all comments, posts, content, and material shared within any online private forums or groups, or on any group call. Consequently, the Company shall not be held liable for any participant’s comments, actions, posts, content, or materials that may cause trauma or discomfort to another participant.
The Company neither endorses nor guarantees the accuracy or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage resulting from third-party posts, comments, or materials on the Company website or any third-party forums operated by the Company.
7. Community Guidelines
The Company has established a community that serves as a safe and judgment-free space for connection, conversation, learning, and growth. Within this community, it is expected that all participants will treat one another with respect, fostering an environment of encouragement and consideration.
The Company’s community guidelines are as follows:
The Company’s Program fosters diversity among its participants. Consequently, the Company encourages all participants to connect with one another and to learn about each other’s backgrounds, interests, hobbies, and perspectives. The Company does not tolerate or support any participant’s discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other identifiers.
The Company endeavors to create a safe and welcoming environment for all participants; however, the Company cannot guarantee that all participants will adhere to these guidelines. The Company, at its sole discretion, may remove any participant's comments, posts, content, or materials, but it is not obligated to review all shared content within the Program. Consequently, the Company shall not be held liable for any participant’s comments, actions, posts, content, or materials that cause trauma or discomfort to another participant.
The Company has established a safe space for all participants to feel seen, respected, and heard. The Company encourages participants to engage in respectful dialogue with one another. The Company does not support or tolerate any disrespectful actions or comments, including but not limited to hate speech, discriminatory remarks, or physical, mental, or emotional abuse. Therefore, each participant is expected to demonstrate respect towards one another.
Support each participant with words of encouragement, resources, or suggestions, while respecting each participant’s boundaries.
The Company reserves the right to offer additional program elements from time to time for any subgroup of participants. These additional program elements are a bonus and not part of the services included in the base participation of the Program. The selection of participants for any additional program elements is at the sole discretion of the Company.
We may also post additional rules regarding your conduct in any online community or forum, whether hosted on the Company’s website or a third-party website. These rules may be updated periodically. You agree to be bound by these rules, which are expressly incorporated into these Terms of Use.
Confidentiality
The Company is not legally obligated to maintain the confidentiality of your information. However, the Company commits to keeping all information regarding the coaching relationship confidential, except when disclosure is mandated by law, such as in response to a court-issued subpoena or if you pose a threat to yourself or others. You acknowledge that your communications with your coach are not protected by doctor-patient or any other privileges.
Confidential information does not encompass information that:
was in the Company’s possession prior to your participation in the Program;
is generally known to the public or within your circle of friends, family, and co-workers; or
the Company is legally obligated to disclose.
You may use a screen name or pseudonym instead of your actual name for participation in group coaching sessions and public posts on the Company website and in third-party forums operated by the Company.
You acknowledge that the Company shall not be liable for any disclosure of your information by another Program participant. You agree to maintain strict confidentiality regarding all information you learn about other Program participants, their businesses, or clients (as applicable), except in rare circumstances where disclosure is legally mandated.
The Company may record coaching calls and share them within the Program, on the Company’s website, or on third-party forums operated by the Company.
You agree not to share any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s website or any third-party forums operated by the Company. If the Company determines that you have done so, this will result in the immediate termination of your access to the Program and Content.
Username and Password
To access specific features of the Program, including private membership areas, a username and password may be required. It is your responsibility to notify the Company before the Program start date if you do not receive an email containing your password to access the Program. You are obligated to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current, and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with others, or forwarded any non-public material from the Program to another individual, the Company reserves the right to suspend or terminate your account and deny any and all current or future use of the Program or any Content, in whole or in part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy
Termination or Cancellation
The Company reserves the right, at its sole discretion, to refuse or terminate your access to the Program and Content, in whole or in part, at any time without notice or refund. Should you breach any portion of these TOU, the Company may terminate your participation in the Program at any time, without refund. Upon cancellation or termination, you are no longer authorized to access the affected parts of the Program or Content. The restrictions imposed on you by these TOU regarding the Program and its Content will remain in effect now and in the future, even after termination by you or the Company.
Should you wish to cancel your access and participation in the Program, your access to all Company materials and Content will be terminated immediately, and the refund policy outlined in paragraph 4 of these TOU will apply. No refunds will be issued for any payments made, nor for any remaining days or months of the Program following your cancellation.
In the event of cancellation, any remaining installment, default, or late payments will be due immediately.
8. Personal Responsibility, Assumption of Risk, Release, Disclaimers
You are voluntarily participating in the Program and assume all risks of injury, illness, damage, or loss to yourself or your property that might result, whether arising from the negligence of Releasees or otherwise.
The Program and its Content are provided for informational and educational purposes only and do not offer any financial, legal, medical, or psychological services or advice. None of the Program or Content is intended to prevent, cure, or treat any mental or medical condition. The Program and Content are not substitutes for professional advice that can be provided by your accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental, and emotional well-being, decisions, choices, actions, and results. You should consult with a professional if you have specific questions about your unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.
You agree that you will not use coaching as a method for diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with your mental health care provider regarding your decision to work with a coach.
You acknowledge that by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property. You release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs, and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs, or expenses of any kind, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended to be an attempted release of claims of gross negligence or intentional acts by Releasees.
In the event that the release and hold harmless provision is deemed unenforceable for any reason, you agree to limit any damages claimed to the total amount paid to the Company for the Program.
Earnings and Results Disclaimer: You acknowledge that the Company has not made and does not make any representations regarding the earnings or results you may receive from your participation in the Program. The Company cannot and does not guarantee that you will achieve any specific results or earnings from your use of the Program, and you understand that results and earnings vary for each individual.
Any links to third-party products, services, or sites are governed by separate terms and conditions. The Company is not responsible for, nor liable for, any content on or actions taken by such third-party companies or websites. Although the Company may recommend third-party sites, products, or services, it is your responsibility to thoroughly research these third parties before entering into any transactions or relationships with them.
The Company endeavors to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time to allow for repairs, maintenance, or updates, though we will strive to minimize the frequency and duration of any suspension or restriction.
The information, products, and services offered through the Program and Content are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible under applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Company does not warrant that the Program or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of the Company’s website, including membership pages, or the servers that make it available, are free of viruses or other harmful components.
The Company shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from the use of, or the inability to use, the Program, including its content, products, or services, or third-party materials, products, or services made available through the Program.
9. SMS Marketing
By providing your phone number and opting in to receive SMS messages from Alice Everdeen LLC, you agree to the following terms and conditions:
a. Opt-In Consent
By submitting your phone number, you consent to receive SMS marketing messages from Alice Everdeen LLC. This is a one-time opt-in, and you will receive recurring messages until you choose to opt out.
b. Opt-Out Instructions
You may opt out of receiving SMS messages at any time by replying "STOP" to any message from Alice Everdeen LLC. You will receive a confirmation message indicating that you have been unsubscribed.
c. Message Frequency
The frequency of SMS messages from Alice Everdeen LLC will depend on the specific program or event for which you have signed up. For example, if you register for a 5-day challenge or an event, you will receive daily reminders during the duration of the challenge or event.
d. Content
SMS messages from Alice Everdeen LLC will include promotional offers, updates, alerts, and other pertinent information related to our products and services.
e. Data Rates May Apply
Standard text messaging rates from your carrier may apply when receiving SMS messages from Alice Everdeen LLC.
f. Privacy Policy
Alice Everdeen LLC respects your privacy and is committed to protecting your personal information. For more information on how we collect, use, and safeguard your data, please see our Privacy Policy.
g. Age Restriction
By opting in to receive SMS messages from Alice Everdeen LLC, you confirm that you are at least 18 years old.
h. Company Information
Alice Everdeen LLC can be contacted at [email protected].
10. Security
You acknowledge the inherent risk in all forms of electronic communication, and understand that communications between you and the Company may be unlawfully intercepted by third parties beyond our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with the Company are done at your own risk.
11. Legal Disputes, Arbitration, Class Action Waiver & Jurisdiction
a. Legal Disputes
These TOU shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws principles. The state and federal courts nearest to Bay Head, New Jersey, shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to the Company’s Privacy Policy or these TOU, except as provided in the Arbitration Clause below.
b. Arbitration
Any dispute, claim, or controversy arising out of or relating to these TOU, the Program, or the Content, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be settled by arbitration in Bay Head, New Jersey, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction.
c. Class Action Waiver
You agree that any arbitration or court proceeding shall be limited to the dispute between you and the Company individually. To the fullest extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
d. Jurisdiction & Prevailing Party Rights
By using the Program or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and arbitration proceedings, consent irrevocably to personal jurisdiction in such courts and arbitration proceedings, and waive any defense of forum non conveniens. The prevailing party in any dispute arising out of or related to these TOU, whether resolved by negotiation, mediation, arbitration, or litigation, shall be entitled to recover its attorneys' fees and costs from the other party.
12. Users Outside the United States
The Company manages and operates the Program from its offices in the United States. The Company makes no representation that the Program or its Content is appropriate or available for use in other locations. Those who choose to access the Program from other locations do so at their own initiative and are responsible for complying with local laws, to the extent such laws are applicable.
13. Indemnification
You agree to defend, indemnify, release, and hold harmless the Company, along with its directors, officers, agents, contractors, partners, assigns, successors-in-interest, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including, but not limited to, attorney’s fees) arising from or in connection with: (i) your use of the Program or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon the infringement of a third-party right by materials created by the Company), or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Force Majeure
The Company shall not be considered in breach of this TOU if it is unable to complete all or part of the Program due to fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company, or any local, state, federal, national or international law, governmental order, regulation, or any other event beyond the Company’s control (collectively, “Force Majeure Event”). Upon the occurrence of any Force Majeure Event, the Company shall notify the Client of its inability to perform or of delays in completing the Program, and shall propose revisions to the schedule for completion of the Program or other accommodations, or may terminate this TOU.
14. General Provisions
The Company reserves the right to modify the terms of this TOU at any time, without prior notice. Any access or use of the Company or Content by you following such changes constitutes your acceptance of those modifications. If any provision of this TOU is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be replaced by a valid and enforceable provision.
This document constitutes the entire agreement between the parties and reflects a complete understanding regarding the subject matter. This TOU supersedes all prior written and oral representations.
By clicking the box when signing up for the Program, you provide the electronic equivalent of your signature and affirm that you have read, understood, and agreed to this entire document. If you do not agree with these TOU, do not purchase or use the Program or Content.
Terms of Use
ALICE EVERDEEN LLC TERMS AND CONDITIONS OF USE
Please review these Terms and Conditions of Use (“TOU”) thoroughly. You must agree to these TOU before you may access any Alice Everdeen LLC digital or downloadable resources, online courses, one-on-one or group coaching, memberships, classes, programs, workshops, or training. This agreement also applies to participation in any Alice Everdeen LLC challenges or events (whether live or virtual), or entry into any online private forums managed by Alice Everdeen LLC (for any purpose), whether hosted on a website by Alice Everdeen LLC, including learnlaunchlead.com, or on a third-party platform such as an online course platform or Facebook.com (collectively “the Program”).
If you do not agree with these TOU, you may not use the Program.
As defined in these Terms of Use, the term “Releasees” encompasses the following: (i) Alice Everdeen LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors, and assigns (collectively “the Company”); (ii) any Company volunteers; and (iii) Alice Everdeen.
1. Program and Participants
As part of the Program, you will receive the services and/or digital products specified on the registration web page. The Company reserves the right to periodically offer additional Program elements to select subgroups of participants. These supplementary Program elements are considered bonuses and are not included in the base version of the Program. Selection of participants for any additional Program components is solely at the Company's discretion.
Should you wish to participate in another session of the Program in the future or purchase any other products, programs, or services from the Company, all terms of these TOU will continue to apply unless superseded by another written agreement.
This Program is designed for individuals aged eighteen (18) and above. Certain content within the Program may be unsuitable for children. The Company disclaims all liability for use by individuals under the age of eighteen (18).
2. Program Promotional Offers
Periodically, the Company may, at its sole discretion, extend promotional pricing, discounts, and/or bonuses ("Promotional Offer") to Program participants. Details of the Promotional Offer will be specified on the Company's registration webpage for the Program.
3. Payment
You agree to the fees and payment schedule selected at checkout. All payments must be made in USD. You acknowledge and agree that for any annual or monthly membership or continuous service Programs, you will continue to receive services in the Program you selected at checkout, unless and until you decide to cancel.
When paying by debit or credit card, you authorize us to automatically charge your card for all fees and charges due to the Company, without requiring additional authorization. You will receive an electronic receipt for these transactions. You also agree that the Company is authorized to share any payment information and instructions necessary to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
If payment is not received by the due date, you will have a seven (7) day grace period to make the payment. Otherwise, the Program will not continue, and we reserve the right to terminate your access to the Program and all associated Content immediately and permanently.
Should you fail to make any payment on time or voluntarily withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you have chosen. The Company reserves the right to charge a late fee on all balances more than thirty (30) days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
4. Refunds
A. Non-Refundable: The Company does not offer refunds for the Voice Acting Bootcamp. Except as required by law, you acknowledge that refunds for any portion of your payment for our Program are not available, and no refunds will be provided at any time. By using and/or purchasing our Program, you understand and agree that all sales are final, and no refunds will be issued.
As previously mentioned, tickets for the Voice Acting Bootcamp and all "challenges" are non-refundable. However, a ticket purchaser may transfer their ticket by emailing [email protected]. The Company must receive the transfer request no later than thirty (30) days before the Event. The ticket will be transferred only after the recipient of the transferred ticket agrees to these Terms of Use and pays the Company a transfer fee of twenty dollars ($20.00).
B. 30-Day Guarantee: The Company offers a 30-Day Guarantee exclusively for Speak Easy, Earn Hard: the Voiceover Blueprint.
To claim the 30-Day Guarantee, you must email [email protected] within thirty (30) days of purchasing the Program(s). The Company will NOT provide refunds for any requests submitted more than thirty (30) days after the purchase date. Beyond the thirty (30) day period, all payments are non-refundable, and you are responsible for the full payment of the Program fees, regardless of program completion.
Upon determining that you are entitled to a refund pursuant to the policies outlined above, the Company will promptly instruct its payment processor to issue the refund. The Company does not control its payment processor and, therefore, cannot expedite any refunds.
In all other cases (aside from the refund policies listed above), due to the significant time, effort, preparation, and care invested in creating and providing the Program, the Company maintains a no refund policy. Unless otherwise required by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs. No refunds will be provided unless the Company, at its sole discretion, decides to offer you a refund. By using and/or purchasing our Program, you understand and agree that, except for the limited refund period described above, all sales are final, and no refunds will be provided.
If you receive a refund, all licenses granted to you for the use of the material and Content, as defined below, will be immediately terminated. You must cease using the material and Content immediately and destroy all copies of the provided information, including but not limited to: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups restricted to paying participants, and other resources.
The Company reserves the right, at its sole discretion, to determine the appropriate disciplinary action for any participant who violates these terms. Consequently, if a participant disagrees with the Company's disciplinary measures against another participant and requests a refund, such a request will be denied.
Moreover, if a participant violates these terms, the Company reserves the right, at its sole discretion, to provide the participant with another opportunity to comply with these terms. Should a participant disagree with the Company’s decision to offer another participant a second chance to adhere to these terms, this will not constitute grounds for a refund, and any such request will be denied.
If, in the Company's sole discretion, you continue with behaviors or actions that breach these terms, the Company may terminate your access and participation in the Program without notice and without refund.
The Company may offer additional program elements for a subset of participants, as outlined in these TOU. The Company reserves the right, at its sole discretion, to extend participation in these additional program elements to specific participants. If a participant is denied participation in these additional program elements, this does not constitute grounds for a refund, and any such refund request will be denied.
Given our explicit Refund Policy detailed in these TOU, which you agreed to prior to purchasing the Program, we do not accept or tolerate any chargeback threats or actual chargebacks from your credit card company or payment processor. Should a chargeback be initiated on a purchase, or if we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or any other relevant entity for inclusion in a chargeback database or for listing as a delinquent account. This could negatively impact your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers seeking removal from the database must make payment for the amount of the chargeback.
5. Intellectual Property Rights
a. Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases, and all other information and intellectual property accessible on or through the Company website, any third-party website utilized by the Company to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all the aforementioned (“the Content”), are the property of the Company and/or our affiliates or licensors, unless otherwise noted. This material is protected by copyright, trademark, and other intellectual property laws.
b. The Company’s Limited License to You
If you view, purchase, or access any Program or Content, you will be considered our Licensee. To clarify, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited exclusively to you.
This implies you may view, download, print, email, and use one copy of individual pages of the Program and Content solely for your personal purposes or your own business use.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any manner that generates revenue for you or any third party (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Program or Content for personal use, you in no way assume any ownership rights of the Content—it remains the property of the Company. Any unauthorized use of any materials found in the Program or Content shall constitute infringement.
You must obtain our written permission before using any part of the Program or Content for your own commercial use or before sharing it with others.
The trademarks and logos displayed on the Program or Content are the exclusive property of the Company, unless otherwise indicated. Any use, including framing, metatags, or other text utilizing these trademarks or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any explicit written license are reserved by us.
c. Unauthorized Use
Your use of any materials found in the Program or Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use. You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
d. Your License to the Company; Use in Testimonials and Marketing.
By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials, and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of the Company’s current or future Program and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.
You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.
This means you give the Company permission to use anything you submit or post in the Program or any third-party forum or website operated by the Company, or anything captured by the Company during your participation in the Program, including images in which your face is visible and recognizable.
e. Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by sending an e-mail to [email protected].
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Program and Content.
6. Your Conduct
The Program is a “pitch free zone.” You agree not to pitch, promote, market, or sell any products, groups, programs, or events to Program participants on any Company website or third-party forums operated by the Company, regardless of whether they are officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask Program participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You further agree not to invite Program participants to attend events such as meetups, seminars, or programs without obtaining prior approval from the Company. Additionally, you agree not to market, promote, or sell products or services, such as marketing resources, coaching services, or other offerings to Program participants unless expressly authorized or requested by the Company.
Please exercise caution when uploading, submitting, or embedding materials on any website operated by the Company or any third-party forums managed by the Company. Be aware that any material you post on the Company’s website or third-party forums may become public.
You are responsible for Your Material and for any liability that may result from any material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
You are strictly prohibited from the following actions:
Harassing, fighting with, or being disrespectful to other participants
Damaging any Company website or third-party forums operated by the Company
Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent, or harmful purpose or activity
Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish, or distribute any spyware, virus, worm, Trojan horse, keystroke logger, or other malicious software
Using any Company website or third-party forums operated by the Company to transmit, send, or deliver unsolicited communications or for other marketing or advertising purposes
Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
Sharing private and proprietary information from other participants with anyone else
Engaging in discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels
If, at the Company's sole discretion, your conduct violates these Terms of Use in any way, you agree that the Company may immediately and permanently terminate your participation in the Program and your access to the Content without refund.
The Company strives to create a safe and welcoming environment for all participants; however, it cannot guarantee that all individuals will adhere to these guidelines. At its sole discretion, the Company may remove any participant’s comments, posts, content, or materials. Nonetheless, the Company is not obligated to review all comments, posts, content, and material shared within any online private forums or groups, or on any group call. Consequently, the Company shall not be held liable for any participant’s comments, actions, posts, content, or materials that may cause trauma or discomfort to another participant.
The Company neither endorses nor guarantees the accuracy or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage resulting from third-party posts, comments, or materials on the Company website or any third-party forums operated by the Company.
7. Community Guidelines
The Company has established a community that serves as a safe and judgment-free space for connection, conversation, learning, and growth. Within this community, it is expected that all participants will treat one another with respect, fostering an environment of encouragement and consideration.
The Company’s community guidelines are as follows:
The Company’s Program fosters diversity among its participants. Consequently, the Company encourages all participants to connect with one another and to learn about each other’s backgrounds, interests, hobbies, and perspectives. The Company does not tolerate or support any participant’s discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other identifiers.
The Company endeavors to create a safe and welcoming environment for all participants; however, the Company cannot guarantee that all participants will adhere to these guidelines. The Company, at its sole discretion, may remove any participant's comments, posts, content, or materials, but it is not obligated to review all shared content within the Program. Consequently, the Company shall not be held liable for any participant’s comments, actions, posts, content, or materials that cause trauma or discomfort to another participant.
The Company has established a safe space for all participants to feel seen, respected, and heard. The Company encourages participants to engage in respectful dialogue with one another. The Company does not support or tolerate any disrespectful actions or comments, including but not limited to hate speech, discriminatory remarks, or physical, mental, or emotional abuse. Therefore, each participant is expected to demonstrate respect towards one another.
Support each participant with words of encouragement, resources, or suggestions, while respecting each participant’s boundaries.
The Company reserves the right to offer additional program elements from time to time for any subgroup of participants. These additional program elements are a bonus and not part of the services included in the base participation of the Program. The selection of participants for any additional program elements is at the sole discretion of the Company.
We may also post additional rules regarding your conduct in any online community or forum, whether hosted on the Company’s website or a third-party website. These rules may be updated periodically. You agree to be bound by these rules, which are expressly incorporated into these Terms of Use.
Confidentiality
The Company is not legally obligated to maintain the confidentiality of your information. However, the Company commits to keeping all information regarding the coaching relationship confidential, except when disclosure is mandated by law, such as in response to a court-issued subpoena or if you pose a threat to yourself or others. You acknowledge that your communications with your coach are not protected by doctor-patient or any other privileges.
Confidential information does not encompass information that:
was in the Company’s possession prior to your participation in the Program;
is generally known to the public or within your circle of friends, family, and co-workers; or
the Company is legally obligated to disclose.
You may use a screen name or pseudonym instead of your actual name for participation in group coaching sessions and public posts on the Company website and in third-party forums operated by the Company.
You acknowledge that the Company shall not be liable for any disclosure of your information by another Program participant. You agree to maintain strict confidentiality regarding all information you learn about other Program participants, their businesses, or clients (as applicable), except in rare circumstances where disclosure is legally mandated.
The Company may record coaching calls and share them within the Program, on the Company’s website, or on third-party forums operated by the Company.
You agree not to share any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s website or any third-party forums operated by the Company. If the Company determines that you have done so, this will result in the immediate termination of your access to the Program and Content.
Username and Password
To access specific features of the Program, including private membership areas, a username and password may be required. It is your responsibility to notify the Company before the Program start date if you do not receive an email containing your password to access the Program. You are obligated to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current, and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with others, or forwarded any non-public material from the Program to another individual, the Company reserves the right to suspend or terminate your account and deny any and all current or future use of the Program or any Content, in whole or in part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy
Termination or Cancellation
The Company reserves the right, at its sole discretion, to refuse or terminate your access to the Program and Content, in whole or in part, at any time without notice or refund. Should you breach any portion of these TOU, the Company may terminate your participation in the Program at any time, without refund. Upon cancellation or termination, you are no longer authorized to access the affected parts of the Program or Content. The restrictions imposed on you by these TOU regarding the Program and its Content will remain in effect now and in the future, even after termination by you or the Company.
Should you wish to cancel your access and participation in the Program, your access to all Company materials and Content will be terminated immediately, and the refund policy outlined in paragraph 4 of these TOU will apply. No refunds will be issued for any payments made, nor for any remaining days or months of the Program following your cancellation.
In the event of cancellation, any remaining installment, default, or late payments will be due immediately.
8. Personal Responsibility, Assumption of Risk, Release, Disclaimers
You are voluntarily participating in the Program and assume all risks of injury, illness, damage, or loss to yourself or your property that might result, whether arising from the negligence of Releasees or otherwise.
The Program and its Content are provided for informational and educational purposes only and do not offer any financial, legal, medical, or psychological services or advice. None of the Program or Content is intended to prevent, cure, or treat any mental or medical condition. The Program and Content are not substitutes for professional advice that can be provided by your accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental, and emotional well-being, decisions, choices, actions, and results. You should consult with a professional if you have specific questions about your unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.
You agree that you will not use coaching as a method for diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with your mental health care provider regarding your decision to work with a coach.
You acknowledge that by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property. You release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs, and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs, or expenses of any kind, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended to be an attempted release of claims of gross negligence or intentional acts by Releasees.
In the event that the release and hold harmless provision is deemed unenforceable for any reason, you agree to limit any damages claimed to the total amount paid to the Company for the Program.
Earnings and Results Disclaimer: You acknowledge that the Company has not made and does not make any representations regarding the earnings or results you may receive from your participation in the Program. The Company cannot and does not guarantee that you will achieve any specific results or earnings from your use of the Program, and you understand that results and earnings vary for each individual.
Any links to third-party products, services, or sites are governed by separate terms and conditions. The Company is not responsible for, nor liable for, any content on or actions taken by such third-party companies or websites. Although the Company may recommend third-party sites, products, or services, it is your responsibility to thoroughly research these third parties before entering into any transactions or relationships with them.
The Company endeavors to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time to allow for repairs, maintenance, or updates, though we will strive to minimize the frequency and duration of any suspension or restriction.
The information, products, and services offered through the Program and Content are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible under applicable law, the Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Company does not warrant that the Program or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of the Company’s website, including membership pages, or the servers that make it available, are free of viruses or other harmful components.
The Company shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from the use of, or the inability to use, the Program, including its content, products, or services, or third-party materials, products, or services made available through the Program.
9. SMS Marketing
By providing your phone number and opting in to receive SMS messages from Alice Everdeen LLC, you agree to the following terms and conditions:
a. Opt-In Consent
By submitting your phone number, you consent to receive SMS marketing messages from Alice Everdeen LLC. This is a one-time opt-in, and you will receive recurring messages until you choose to opt out.
b. Opt-Out Instructions
You may opt out of receiving SMS messages at any time by replying "STOP" to any message from Alice Everdeen LLC. You will receive a confirmation message indicating that you have been unsubscribed.
c. Message Frequency
The frequency of SMS messages from Alice Everdeen LLC will depend on the specific program or event for which you have signed up. For example, if you register for a 5-day challenge or an event, you will receive daily reminders during the duration of the challenge or event.
d. Content
SMS messages from Alice Everdeen LLC will include promotional offers, updates, alerts, and other pertinent information related to our products and services.
e. Data Rates May Apply
Standard text messaging rates from your carrier may apply when receiving SMS messages from Alice Everdeen LLC.
f. Privacy Policy
Alice Everdeen LLC respects your privacy and is committed to protecting your personal information. For more information on how we collect, use, and safeguard your data, please see our Privacy Policy.
g. Age Restriction
By opting in to receive SMS messages from Alice Everdeen LLC, you confirm that you are at least 18 years old.
h. Company Information
Alice Everdeen LLC can be contacted at [email protected].
10. Security
You acknowledge the inherent risk in all forms of electronic communication, and understand that communications between you and the Company may be unlawfully intercepted by third parties beyond our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with the Company are done at your own risk.
11. Legal Disputes, Arbitration, Class Action Waiver & Jurisdiction
a. Legal Disputes
These TOU shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws principles. The state and federal courts nearest to Bay Head, New Jersey, shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to the Company’s Privacy Policy or these TOU, except as provided in the Arbitration Clause below.
b. Arbitration
Any dispute, claim, or controversy arising out of or relating to these TOU, the Program, or the Content, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be settled by arbitration in Bay Head, New Jersey, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction.
c. Class Action Waiver
You agree that any arbitration or court proceeding shall be limited to the dispute between you and the Company individually. To the fullest extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
d. Jurisdiction & Prevailing Party Rights
By using the Program or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and arbitration proceedings, consent irrevocably to personal jurisdiction in such courts and arbitration proceedings, and waive any defense of forum non conveniens. The prevailing party in any dispute arising out of or related to these TOU, whether resolved by negotiation, mediation, arbitration, or litigation, shall be entitled to recover its attorneys' fees and costs from the other party.
12. Users Outside the United States
The Company manages and operates the Program from its offices in the United States. The Company makes no representation that the Program or its Content is appropriate or available for use in other locations. Those who choose to access the Program from other locations do so at their own initiative and are responsible for complying with local laws, to the extent such laws are applicable.
13. Indemnification
You agree to defend, indemnify, release, and hold harmless the Company, along with its directors, officers, agents, contractors, partners, assigns, successors-in-interest, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including, but not limited to, attorney’s fees) arising from or in connection with: (i) your use of the Program or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon the infringement of a third-party right by materials created by the Company), or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Force Majeure
The Company shall not be considered in breach of this TOU if it is unable to complete all or part of the Program due to fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company, or any local, state, federal, national or international law, governmental order, regulation, or any other event beyond the Company’s control (collectively, “Force Majeure Event”). Upon the occurrence of any Force Majeure Event, the Company shall notify the Client of its inability to perform or of delays in completing the Program, and shall propose revisions to the schedule for completion of the Program or other accommodations, or may terminate this TOU.
14. General Provisions
The Company reserves the right to modify the terms of this TOU at any time, without prior notice. Any access or use of the Company or Content by you following such changes constitutes your acceptance of those modifications. If any provision of this TOU is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be replaced by a valid and enforceable provision.
This document constitutes the entire agreement between the parties and reflects a complete understanding regarding the subject matter. This TOU supersedes all prior written and oral representations.
By clicking the box when signing up for the Program, you provide the electronic equivalent of your signature and affirm that you have read, understood, and agreed to this entire document. If you do not agree with these TOU, do not purchase or use the Program or Content.