Terms and Conditions
Terms and Conditions
By purchasing the Committed to Thriving (formerly called From One Baby Mama to Another) online course, and/or the Clearing Your Own Baby Mama Drama Masterclass, and/or "Landing Your Dream Career" online course (the "Course") from Michelle Harvey (“Coach”) and Michelle Harvey Enterprises, LLC ("Company"), you agree and consent to the following legal terms and conditions that govern your use of the Course and that form a legal agreement between you and the Company.
You must be at least 18 years of age or older to purchase this Course. The Course is available for individual purchase only. Friends, family, partners, colleagues, etc., will need to purchase the Course individually. You are expressly prohibited from sharing access to the Course with anyone else. Additionally, you have no right to assign this Agreement as this Course is non-transferable.
EARNINGS DISCLAIMER AND INDIVIDUAL RESPONSIBILITIES
Course is not a get-rich scheme. Coach cannot guarantee any success or projected increased income from taking this Course. Although there are many happy students of the Course, many of whom have provided testimonials, their results may not be typical for everyone and they are not intended to guarantee, promise, represent, and/or assure that you will achieve similar results from taking the Course. Each person’s success and results depend on many factors, including dedication, desire, and motivation. You accept the risk of not achieving any results (or less than desirable results) from taking the Course. This Course does not provide any professional financial, legal, medical, or psychological services or advice. None of the content of the Course cures or treats any mental or medical condition. You are responsible for your own physical, mental, and emotional well-being, decisions, choices, actions, and results.
Coach disclaims any liability for your reliance on any opinions or advice contained in the Course. Any third-party links to products or services are subject to separate terms and conditions. Coach is not responsible for or liable for any content on or actions taken by such third-party websites. Although Coach may recommend third-party sites, products, or services, it is your responsibility to fully vet such third parties before entering into any transaction or relationship with them.
You are responsible for paying for the Course in full and for providing Company with a valid credit card or other payment methods. If the payment is declined, returned, or deemed fraudulent, your access to the Course will be terminated until all payments are made in full. If you enrolled through the payment plan and you miss a payment, your access to the Course will be suspended until you provide a valid credit card or other payment methods. Multiple missed payments may result in the termination of your access to the Course unless all remaining payments are made in full.
Due to the digital and educational nature of this product, there are no refunds permitted under any circumstance. Dissatisfaction with Company’s product is not a valid reason for a refund or excuse to not make remaining payments due and owed under this Agreement.
This Course includes materials protected by copyright, trademark, and other intellectual property laws. Such materials include but are not limited to written text, workbooks, videos, audio recordings, photos, designs, and graphics. Any reproduction or unauthorized use shall constitute infringement. Duplicating, sharing, or uploading Course files to sharing sites is considered stealing and Coach and/or Company may prosecute such misconduct to the fullest extent permitted by law.
Coach and Company provide you with the Course solely for your personal, noncommercial use and you agree that you will not use such proprietary information or materials in any way whatsoever except for use in compliance with this Agreement. You may not share, sell, re-use, reproduce, repurpose or otherwise distribute Company’s intellectual property without prior written consent from Company. You will not use the Course in a manner that constitutes infringement or that has not been authorized by Coach or Company.
More specifically, you may view, download, print, email, and use these materials for your personal, noncommercial purposes only. You may not republish, reproduce, duplicate, copy, display, distribute, or otherwise use any material from the Course for commercial purposes. Additionally, you may not modify, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium, including by email or other electronic means, any material from the Course.
INTELLECTUAL PROPERTY RIGHTS
Company maintains all rights to its intellectual property and nothing in this Agreement shall transfer ownership of rights to you.
Any testimonials, earnings, or examples shown through Company’s website or products are only examples of what may be possible for you. There can be no assurance as to any particular financial outcome based on the use of Coach’s products and/or services. You acknowledge that Coach has not and does not make any representations as to the future income, expenses, sales volume, or potential profitability or loss of any kind that may be derived as a result of use of Company’s website, programs, products, or services.
DISCLAIMER OF WARRANTIES
The information provided through this purchase is provided on an “as is” basis. Michelle Harvey Enterprises, LLC makes no representations or warranties, express or implied, with respect to the information provided through this purchase. Michelle Harvey Enterprises, LLC will not be liable or held responsible for any losses, injuries, or damages from the participation in, use of, or reliance on any of the information provided through this purchase.
To access certain features of the Course, you may need a username and/or password. You agree to keep this information confidential and not share it with anyone else. If Coach has reasonable grounds to suspect that you have shared your username and/or password with anyone else, or forwarded course material to any other person, Coach has the right to suspend or terminate your account and refuse any and all current or future use of the website and online courses, in whole or part, without refund.
Coach and her third-party vendors may collect information from you when you purchase the Course, fill out any type of form, access private membership pages, or otherwise contact Coach via an online form, e-mail, or through social media. The information collected may include your name, e-mail, address, phone number, and billing information.
Coach collects such information in order to send e-mails, fulfill orders, deliver services and products, complete customer transactions, oversee promotions, and improve website performance and customer service. By purchasing the Course, you will be subscribed to Coach’s e-mail list if you are not already a subscriber. If you wish to unsubscribe from receiving e-mails from Coach unrelated to the Course, you may do so at any time. Each e-mail from Coach includes a link to unsubscribe from e-mail communications. Just be certain to not unsubscribe from the Course list or you will no longer receive information and course materials related to the Course purchased. Coach may collect domain information and “cookies” (small files saved on your hard drive by your web browser) to analyze website and advertisement performance, track user patterns, save information from your previous visits, and customize your experience. Coach respects your privacy and will never sell, trade, or transfer your personally identifiable information to third parties for marketing or advertising. Coach may, however, share your information with third-party service providers working on Coach’s behalf to serve you. Examples include companies and individuals we have engaged to maintain and update websites, private membership sites, or e-mail platforms or to process financial transactions. Coach may also be required by law to release information in certain circumstances.
Please note that any comments or information that you post on the Course website, including any private membership sites and private Facebook groups, are not private and third parties may make use of your information. Coach is not responsible for any unauthorized uses by third parties in such context. Any third-party links to products or services are subject to separate privacy policies. Coach is not responsible for or liable for any content on or actions taken by such third-party websites. This Course is targeted and intended for persons over the age of 13. Coach does not knowingly collect information from anyone under 13 years of age.
You are strictly forbidden from the following:
Causing damage to the Course website or private membership site.
Using the Course website or private membership site for any unlawful, illegal, fraudulent or harmful purpose or activity.
Using the Course website or private membership site to copy, store, host, transmit, send, use, publish, or distribute any spyware, virus, worm, Trojan horse, keystroke logger, or other malicious software.
Using the Course website or private membership site to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes.
Systematically or automatically collecting data from the Course website or private membership site.
Sharing private, copyrighted, and proprietary information from the Course with anyone else or otherwise sharing your username and/or password.
NO INDIVIDUAL COACHING
The Course does not include individual coaching. It is a self-study course only. Participating in the Facebook group or Course does not create an individual coaching relationship.
PRIVATE FACEBOOK GROUP
Every term and condition of this Agreement equally applies to any activities in the private Facebook group created for members of the Course (the “Group”). The Group is a complimentary bonus and subject to Facebook terms and conditions. Coach does not have authority or control over Facebook and cannot predict any changes or rules to Facebook. Coach is not liable for the Group being made available to you or your rights to access Facebook.
Additionally, Coach may institute community rules and guidelines for the Group with which you agree to comply.
By purchasing this product, you agree to refrain from making any statements, whether oral or in writing, that negatively impact Coach’s business, services, products, or reputation.
You agree to indemnify, defend, and hold harmless the Company, Coach, and her agents and contractors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
THE INFORMATION, PRODUCTS, AND SERVICES OFFERED IN THE COURSE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COACH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COACH DOES NOT WARRANT THAT THE COURSE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PART OF THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COACH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE, INABILITY TO USE, OR PURCHASE OF THE COURSE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COURSE. NOTWITHSTANDING THE FOREGOING, ANY DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE COURSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITED OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE COACH’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to its conflict of laws. The state and federal courts located in Prince George’s County, Maryland shall have exclusive jurisdiction over any case or controversy arising from or relating to the Course. You hereby submit to the exclusive jurisdiction and venue of such courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.
CONSTRUCTION OF AGREEMENT
This Agreement constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties. In the event that any provision of this Agreement is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions. The failure of Coach to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of the Agreement shall not be construed against the drafting party.
ALL RIGHTS RESERVED
All rights not expressly granted in this Agreement are reserved by Coach.