These Terms and Conditions of Purchase (“Terms and Conditions”) sets forth your rights and responsibilities for accessing Your Breakthrough Year Annual Membership at www.luminaryleadershipco.com and its sub-domains and affiliated sites, as well as Luminary Leadership Company, L.L.C. (“Luminary Leadership Company, L.L.C.” “my”, “me” or “I”) pages and accounts on Facebook®, Twitter®, LinkedIn®, Google Plus®, and YouTube® (the “Sites”). Please read both these Terms and my Privacy Policy carefully, which is incorporated into these Terms. This document constitutes a legally binding contract between Luminary Leadership Company, L.L.C. (“Luminary Leadership Company, L.L.C.”) and other associated materials and sites linked hereto and operated or controlled by Luminary Leadership Company, L.L.C. (herein referred to as “Company”), and you regarding your purchase of video webinar content, website content, Your Breakthrough Year membership, and printable materials (herein referred to as the “Program” or “Program Materials”). The program shall be deemed to be incorporated herein by reference in addition to this website’s terms of use (the “Terms and Conditions”) and privacy policy (“Privacy Policy”). These Terms and Conditions of Purchase, the Terms and Conditions, and the Privacy Policy are collectively referred to herein as this “Agreement.” In the event of any conflict between these documents with respect to your purchase, these Terms and Conditions of Purchase shall prevail over the Terms and Conditions; and the Terms of Use shall prevail over the Privacy Policy. By purchasing this product, you (herein referred to as “Client”) agree to the following terms as a condition of your participation in the Program.
THE SECTION BELOW TITLED “BINDING ARBITRATION” CONTAINS A BINDING ARBITRATION AGREEMENT. BECAUSE THIS SECTION AFFECTS YOUR LEGAL RIGHTS, WE ASK THAT YOU PLEASE READ THEM.
1. PRICES AND PAYMENT TERMS
The prices for the Program shall be as stated:
The Founding Member full year price for the Program is $347/year
The original full year price for the Program is $694/year
Any upsells or order bumps are additional one-time payments at checkout.
Payment shall be made by credit or debit card.
Upon purchase, you will receive access to the Program, according to the level you purchased.
2. REFUND POLICY
All sales are final for this Membership. Due to the nature of educational programs and the electronic transmission of our templates and files provided with the Program, there are no refunds. For questions, email [email protected]. Merchant processing fees associated with payments made will be borne by the Customer. Company will debit fees from the refund amount.
3. INTELLECTUAL PROPERTY
You understand and agree that the Products contain proprietary information and materials, such as videos, coursework, training modules, photographs, software, text, graphics, images, and sound recordings, (collectively, the “Product Content”) including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement embodied in the Program that are owned by Luminary Leadership Company L.L.C. and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Product Content, including to any sharing or social media sites, is considered stealing and an infringement of our intellectual property rights, and Luminary Leadership Company L.L.C. will prosecute such misconduct to the fullest extent permitted by law.
Luminary Leadership Company L.L.C. provides you with the Products solely for your own personal, noncommercial use, and you agree that you will not use any of the Product Content in any way whatsoever except for use in compliance with this Agreement. You will not use any Product Content in a manner that constitutes an infringement of Luminary Leadership Company L.L.C. rights or that has not been authorized by Luminary Leadership Company L.L.C. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Product Content. You may, however, from time to time, download and/or print individual pages of the Product Content for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.
By using the products, you understand and are aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference Luminary Leadership Company L.L.C., the Products, or the Product Content, or infringe on any of Luminary Leadership Company L.L.C.'s or its licensors’ intellectual property in any way. All copyrights, trademarks, and other intellectual property rights in and to the Products and the Product Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by Luminary Leadership Company L.L.C. and/or its licensors, which reserve all of their rights, title, and interests in law and equity. THE USE OF THE PRODUCTS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF LUMINARY LEADERSHIP COMPANY L.L.C. AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
The trademarks, service marks, and logos of Luminary Leadership Company L.L.C. (the “Luminary Leadership Company L.L.C. Trademarks”) used and displayed in the Products are registered and unregistered trademarks or service marks of Luminary Leadership Company L.L.C. Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Luminary Leadership Company L.L.C. Trademarks inures to our benefit.
4. THIRD-PARTY MATERIALS AND WEBSITES
Luminary Leadership Company L.L.C. may provide links to third-party materials and websites as a convenience to you. These links are provided solely as a convenience to you and not as an endorsement by Luminary Leadership Company L.L.C. of the contents on such third-party sites, and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Luminary Leadership Company L.L.C. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that Luminary Leadership Company L.L.C. will not be liable for your improper use of third-party materials and websites. Any affiliate links that linked on the site will be clearly marked; however, we encourage you to reach out with any questions you may have regarding affiliate links. Company marks (whether or not registered) may not be used for any reason without written permission. Client agrees not to register, operate, or lease any domain with a confusingly similar name to any such mark without permission of Company.
5. REPRESENTATIONS AND WARRANTIES
THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS. WE’VE TAKEN REASONABLE EFFORTS TO ENSURE THAT WE ACCURATELY REPRESENT OUR PROGRAMS AND THEIR ABILITY TO HELP YOU GROW YOUR BUSINESS. HOWEVER, LUMINARY LEADERSHIP COMPANY L.L.C. DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS OR EARN ANY MONEY USING ANY OF OUR PRODUCTS, IDEAS, TOOLS, STRATEGIES, OR RECOMMENDATIONS, AND NOTHING ON OUR WEBSITES OR IN OUR PRODUCTS IS A PROMISE OR GUARANTEE TO YOU OF FUTURE EARNINGS.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PRODUCTS IS AT YOUR SOLE RISK. BY PURCHASING THE PRODUCTS, YOU ACCEPT, AGREE, AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT WE OFFER NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES (EXPRESSED OR IMPLIED) REGARDING YOUR EARNINGS, BUSINESS PROFITS, MARKETING PERFORMANCE, AUDIENCE GROWTH, OR RESULTS OF ANY KIND. YOU ALONE ARE RESPONSIBLE FOR YOUR ACTIONS AND BUSINESS, WHICH ARE DEPENDENT ON PERSONAL FACTORS INCLUDING, BUT NOT NECESSARILY LIMITED TO, YOUR SKILL, KNOWLEDGE, ABILITY, DEDICATION, BUSINESS SAVVY, NETWORK, AND FINANCIAL SITUATION, TO NAME JUST A FEW. YOU ALSO UNDERSTAND THAT ANY TESTIMONIALS OR ENDORSEMENTS BY OUR CUSTOMERS OR AUDIENCE REPRESENTED IN OUR PRODUCTS, PROGRAMS, WEBSITES, CONTENT, LANDING PAGES, SALES PAGES, OR OFFERINGS HAVE NOT BEEN SCIENTIFICALLY EVALUATED BY US, AND THE RESULTS EXPERIENCED BY INDIVIDUALS MAY VARY SIGNIFICANTLY. ANY STATEMENTS OUTLINED IN OUR PRODUCTS, WEBSITES, PROGRAMS, CONTENT, AND OFFERINGS ARE SIMPLY OUR OPINIONS AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE.
A) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: LUMINARY LEADERSHIP COMPANY L.L.C. ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, SUCCESSORS, OR ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OF THE PRODUCTS OR PURCHASES HEREUNDER; AND (II) YOUR DIRECT DAMAGES SHALL BE LIMITED TO THE FEES YOU PAID FOR THE APPLICABLE PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
6. LEGAL, FINANCIAL, AND HEALTH DISCLAIMER
The information provided within this Program is for informational purposes only. It should never be considered legal, financial or health advice, as I am not a licensed attorney, financial advisor, accountant, or healthcare practitioner. I am not holding myself out as an attorney, a financial advisor, an accountant, a doctor/physician, nurse, physician’s assistant, advanced practice nurse, or any other medical professional (“Medical Provider”), registered dietician or licensed nutritionist, or member of the clergy.
The views and opinions expressed in this Program are expressly my own, derived from my own experiences, and should never replace the opinion of a licensed attorney, financial advisor, accountant, or healthcare practitioner. All information I provide in this Program is my personal opinion, derived from my own personal experiences, and is not licensed advice. It is important for you to note that the needs of every individual, and every business are unique, and there is no “one size fits all” advice. You should consult with a licensed attorney, financial advisor, accountant, or healthcare practitioner if you independently decide that you want to take action on any information you read on my site or hear in any educational material I provide to determine what may be best for your individual needs.
A. NOT MEDICAL ADVICE
The information provided in or through this Program pertaining to the topic of health or wellness, business/career choices, finances, or any other aspect of your life is not intended to be a substitute for the professional medical advice, diagnosis or treatment provided by your own Medical Provider. You agree and acknowledge that I am not providing medical advice, mental health advice, or religious advice in any way. Always seek the advice of your own Provider regarding any questions or concerns you have before implementing any recommendations or suggestions from this Program. Do not disregard medical advice or delay seeking medical advice because of information you have read on this Program. The information contained on this Program has not been evaluated by the Food and Drug Administration.
B. NOT LEGAL OR FINANCIAL ADVICE
Content contained on or made available through this Program is not intended to and does not constitute legal, health, financial, investment or accounting advice and by viewing/watching/listening to this content, no relationship whatsoever (such as an attorney-client relationship) is formed between us. Your use of the information on the website, any of my educational material or materials linked from my site is at your own risk.
While I have done my best to provide you with accurate information, I do not make any guarantee or other promise as to any results that may be obtained from using my education or content. Although care has been taken in preparing the information provided to you, I cannot be held responsible for any errors or omissions, and I accept no liability whatsoever for any loss or damage you may incur. No one should ever make any financial, investment, health related, legal, or accounting decision without first consulting his or her own licensed, applicable advisor, and conducting his or her own research and due diligence. To the maximum extent permitted by law, Luminary Leadership Company L.L.C. disclaims any and all liability in the event any information, commentary, analysis, opinions, advice and/or recommendations prove to be inaccurate, incomplete or unreliable, or result in any other losses. You assume full responsibility or liability for the accuracy of application of any information or education I provide whether or not arising from the negligence of Luminary Leadership Company L.L.C. or the Program.
C. PERSONAL RESPONSIBILITY; NO GUARANTEES.
I cannot predict and I do not guarantee that you will attain a particular result from utilizing information on this Program, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Program. You agree that you are participating voluntarily in using this Program, and you will accurately represent the information provided to us on or through this Program. You acknowledge that and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Program, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from this Program to your life, family or business.
7. ADDITIONAL TERMS AND CONDITIONS
A. GOVERNING LAW. The Parties have entered into this Agreement in the State of WISCONSIN and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the State of Wisconsin, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the State of Wisconsin, and that venue of any action will be located in the District Court of Sheboygan County, Wisconsin.
B. BINDING EFFECT. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise.
C. TERMINATION. Luminary Leadership Company L.L.C. is committed to providing all customers with a positive experience. If you fail, or Luminary Leadership Company L.L.C. suspects that you have failed, to comply with any of the provisions of this Agreement, Luminary Leadership Company L.L.C. in its sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to the Products and/or you participation in program without refund; and/or (b) terminate this Agreement. Your obligations to Luminary Leadership Company L.L.C. under this Agreement will survive expiration or termination of this Agreement for any reason.
D. CANCELLATION POLICY. This agreement shall last in perpetuity until either the Client terminates its annual subscription or Luminary Leadership company terminates the agreement. Client is committing to a 12 month engagement upon signing up for this Membership. After 12 months, client may terminate this Agreement upon going into the Membership platform and cancelling its subscription before 7 days of the end of the billing cycle. Any cancellation by Client within 7 days of the billing cycle will be charged the next month's membership fee.
E. MODIFICATIONS AND AMENDMENTS. Luminary Leadership Company L.L.C. reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your access and use of the Products. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Products will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on Luminary Leadership Company L.L.C.’s website or you may be notified by either email or postal mail. If you have any questions, please contact us directly at [email protected].
F. INDEMNIFICATION. To the extent permitted by applicable laws, both Parties agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.
G. BINDING ARBITRATION. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF WISCONSIN, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
H. EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of Luminary Leadership Company L.L.C.’s intellectual property rights and confidential and proprietary information by you, Luminary Leadership Company L.L.C. will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Luminary Leadership Company L.L.C. may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in Sheboygan County, Wisconsin, United States of America for purposes of any such action by Luminary Leadership Company L.L.C.
I. COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
J. NO WAIVER. If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
K. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.