Terms and Conditions
Effective date: April 1, 2023
Please read these terms and conditions carefully before using Our Website, Service or Program.
Interpretation
The words of which the initial document is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Country refers to: Florida, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Amy Szutowicz, Cougar Bikini Squad, LLC, The Divorce Weight Loss Academy.
Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Material means any material, lessons, worksheets, checklists, templates and other supportive material included in Program and Service and means other free material like guides, freebies etc provided on this Site.
Program refers to any program or course created by Amy Szutowicz on this Site (included but not limited to Divorce Weight Loss Academy)
Service refers to the Website.
Social media platforms mean any social media platforms, including but not limited to Instagram, Facebook, Facebook groups, Pinterest, TikTok, YouTube, LinkedIn, Twitter, Blog, etc. kept and maintained by Amy Szutowicz.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Cougar Bikini Squad/Divorce Weight Loss Academy (Kajabi).
You means the individual accessing or using the Service and/or Program, or the company, or other legal entity on behalf of which such individual is accessing or using the Service and/or Program, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and/or Program and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service and/or Program.
Your access to and use of the Service and/or Program is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service and/or Program.
By accessing or using the Service and/or Program You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service and/or Program.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service and/or Program.
Your access to and use of the Service and/or Program is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service and/or Program.
Intellectual Property
The Service and/or Program and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service and/or Program is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Material included in the Service and/or Program which you can download are meant for personal, non-commercial viewing only. By downloading a copy of materials for a non-commercial, personal viewing you will be granted a revocable, non-exclusive license. The grant of a license is not a transfer of title, and under this license you may not:
copy or modify Material;
Use Material for any commercial purpose, or for any public display (commercial or non-commercial);
Transfer or share Material to another individual person or entity.
This license shall automatically terminate if you violate any of these rules and restrictions and may be terminated by Amy Szutowicz and/or Company at any time. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Amy Szutowicz and/or Company reserve a right to seek extent legal remedies if these Terms and Conditions and misuse of Intellectual Property section have been violated.
Refund Policy
***DISCLAIMER: Unfortunately due to digital nature of the Programs, Products and Services, the payments are not refundable. Please make sure that you do your due diligence, and make sure that the Program is the right fit for you before you enroll and make the payment.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service and/or Program may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Testimonials
By purchasing Service and/or Program You grant Amy Szutowicz and Company permission to use any testimonials, feedback and other social proof in our sales and marketing materials. This might include but is not limited to any pictures and /or direct or private messages on this Site, Social media platforms, official and unofficial testimonials, comments either private or public on any Social media platforms (either Instagram feed posts, IGTV, stories, TikToks, reels, live, YouTube, etc).
Outstanding balance
Company retains the right to terminate Your access to Service and/or Program (included but not limited to Material etc) in the event that you do not pay your outstanding balance, dispute your payments, or if you steal any of our intellectual property.
In the event that a student wants to regain access to Service and/or Program he or she agrees to pay the outstanding balance and pay the Stripe fee for each payment previously disputed.
Payment Plans
You can choose paying an up-front one time full payment or you can pay in monthly installments. Please note that for monthly payments, Stripe will automatically deduct the amount from the account information you provide Stripe. In the event the payment fails, you will not be able to access any of the information or content sold through our Site. In the event of three failed payments, you understand that the Company may contract a collection agency to collect the money from you. If you wish to pay off your remaining account balance in full, you can do so at any time. By choosing our payment plan, you agree to pay the full balance owing on Your payment plan.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service and/or Program will cease immediately.
Limitation of Liability
In no event shall Amy Szutowicz or Company be liable for any damages related to the use of or inability to use the Service and/or Program, third-party software and/or third-party hardware used with the Service and/or Program, or otherwise in connection with any provision of these Terms (including, without limitation, damages for loss of data or profit, or due to business interruption), even if the Amy Szutowicz and/or Company or any supplier has been advised orally or in written form of the possibility of such damages.
Indemnity
As a condition of your use of the Site, you hereby indemnify Amy Szutowicz, Company and its directors, agents, employees, and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service and/or Program is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service and/or Program, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service and/or Program will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service and/or Program, or the information, content, and materials or products included thereon; (ii) that the Service and/or Program will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service and/or Program; or (iv) that the Service and/or Program, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
No Guarantees
Company wants its every student and client to succeed, but we make NO GUARANTEES about any success that you’ll get from our Site or our Service or Programs or any of our free Material. We make NO GUARANTEES what comes to results, weight loss, emotional eating patterns etc based on action or inaction.
We don't make any promises whatsoever what comes to results and success in Your health, personal, or business life through participating in our Programs (included but not limited to Divorce Weight Loss Academy) and we are not responsible for any actions or inactions, events, results etc what comes to your personal and business life and your social media accounts. Even if you’ve worked with us as a client before and had certain results, we make no guarantee that they will happen again.
Governing Law
The laws of Florida, USA, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service and/or Program. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service and/or Program, You agree to first try to resolve the dispute informally by contacting the Company. Contact email address: [email protected]
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation and Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service and/or Program. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time without any prior notice.
By continuing to access or use Our Service and/or Program after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service and/or Program.
Entire Agreement
These terms and conditions and any other legal notices, policies and guidelines of Amy Szutowicz and Company on this Site constitutes the entire Agreement between You and Company relating to your use of this Site, our Service and/or Program and supersedes any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by Amy Szutowicz. Amy Szutowicz can amend and modify this agreement without any prior notice.
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