Terms of Use

The Business with Impact Academy™ Terms of Use

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of The BUSINESS WITH IMPACT ACADEMY™ program outlined below (hereinafter “Client”) agree and willingly purchase entry into this program to be provided with services rendered by McMichael Consulting LLC, and Arkansas Limited Liability Company (hereinafter “Company”), and you agree you are voluntarily entering into a legally binding Agreement with Company, inclusive of the following terms and conditions mutually agreed upon:

For good and valuable consideration of the invoice price listed at purchase Client has agreed to purchase the online course hereinafter “Program”). In exchange, Company agrees to provide the services outlined in the Program Details below, and Program Outline Addendum attached hereto.

1. Program Outline:

1. Client agrees and understands that he/she is purchasing the BUSINESS WITH IMPACT ACADEMY™ 12-month group coaching program. Upon completion of purchase, Client will gain immediate access to ALL material via the Company's Password-Protected Members Area, which includes training videos, workbooks, and PDFs (Subject to change at the Company's sole discretion based on the Company's perceived needs of clients and customers.)

2. Client acknowledges that he/she has read the Program Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in  The Business with Impact Academy™, as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on the Company's website.

2. Non- Disclosure

1. Client understands he or she is purchasing the Program with Company; one of the primary elements in engaging in a Companying relationship with Company is his/her ability to provide Client with personal guidance, teachings, materials, and exercises that make up the program. Following Client’s participation in this program, Client will have gained access to various trade secrets and personal intellectual property of Company, including but not limited to materials such as verbal advice, mindset guidance, written templates, modules, technical information, business advice, and/or other information that may have become available for use through Client’s participation in the program. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in Company’s program. Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through Program, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own Companying business without express written permission of Company. Client also understands and agrees he/she will not disclose or use any information provided to Client during Companying sessions, discussions, or otherwise.

2.  Client also understands that due to the “group” nature of the Program, he/she may also obtain access to or otherwise become exposed to confidential or proprietary information belonging to other clients within the same group program via the community chat board available to all members within the membership portal. Client understands and agrees he/she will not disclose, steal, use, distribute, copy, or otherwise share or use any proprietary or confidential information belonging to another client in the group program. Client understands if he/she violates this provision, he or she may be liable to the third-party group member for infringement. Client will hold Coach harmless from any such third-party action taken against Client for such infringement or disclosure.

3. Testimonials

1. Company may request Client provide a testimonial to be published on Company’s website, or on various sales materials for this or another Program created by Company. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Company and Client if Client refuses testimonial.

2. If Client accepts and provides Company with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Company’s website or otherwise. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Company an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Company as part of a Testimonial.

4. Payment

1. Client understands the cost of the program is as listed on the site and included in the equal installment invoice ("payment plan") or the pay in full invoice, which is payable in full. Client agrees to render payment via Paypal or Credit Card. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via Company’s website or a designated third party payment processor of Company’s choosing, in full. Client must complete payment in full before becoming entitled to any products or services included within Program.

2. If Client has selected the installment option, Client agrees to abide by the rules and payments as explained on the Company's sales page. The Client is responsible for the completion of all payment plans associated with products they purchase. 

3. Should Client fail to make timely payments, or if payments are not able to be processed, Client understands: (1) the Program may be forfeited, and (2) Client will lose access to all program resources.

4. Company reserves the right to cancel or cease working with Client should he/she fail to make payments in accordance with the payment terms as agreed upon at the beginning of the Program. Should this occur, Client understands she is not entitled to a refund of funds already issued to Company, and Client will not have continued access to any materials made available to Client during the Program once payments cease. Additionally, Company reserves the right to seek recovery of any monies remaining unpaid via our Collection Agency.

5. Refund Policy

1. Due to the subjective nature of the Program provided by Company, and Company’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Program, Company is not able to offer refunds once Client has purchased the program. 

2. Please note: If Client opted for a payment plan, Client is required by law to complete the payment plan. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.

6. Conditional Guarantee

1. Company offers a 90-day Conditional Guarantee on its Business with Impact Academy™ program. We do not offer refunds. To request consideration for the Conditional Guarantee, Client is required to complete the course (watch all the video lessons and complete all corresponding workbooks), attend the coaching calls (or watch the replays), participate at least once a week in the private community group, launch a program, implement the changes suggested, and submit a debrief from any of the strategies taught in the Business with Impact Academy™, and submit the 90 day request on or before Client's 90th day of enrolling in the program.

2. Please note: All considerations are discretionary as determined by Company. If Client has any questions, contact [email protected]. As mentioned above, all considerations are discretionary. If Client just downloads the Course (PDFs, Workbooks, Videos, etc), and then requests  consideration, Company reserves the right to deny the request. The point of the policy is to give a Client the chance to use the system, and if it doesn't work for their business, they can request consideration. It wasn't designed to enable a Client to steal from the Company.

7. Disclaimer

1. Client understands that he or she must actively participate in the full Program in order to see results. While many of Company’s past and current clients have experienced wonderful benefits from the Program, and Company and his/her team will act in their full capacity to ensure Client's success and happiness in the Program, Company cannot guarantee results of the Program, and cannot make any representations or guarantees regarding individual results. Client will hold Company and Program harmless if he or she does not experience the desired results.

2. Client understands that all services provided by Company in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Company on a purely voluntary basis and does not hold Company or Program responsible should Client become dissatisfied with any portion of the Program.

3. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as Company delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Company and Client.

4. Client also understands Company is not a doctor, nurse, lawyer, financial adviser, psychic, licensed therapist, or otherwise, and agrees to hold Company harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Program. The content provided by Company on his/her website and within the Program is comprised of information that has worked for Company and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Company cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Company responsible for.

8. Intellectual Property

1. Client agrees and understands that Company has created numerous original, creative works in connection with the Program, and agrees that Company maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Company. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Company. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Company to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.

2. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Company or obtained through working with Company, without Company’s express written consent. If such behavior is discovered or suspected, Company reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.

3. Licensee Rights: Company’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Company as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Company. As a “Licensee,” Client understands and agrees that Client will not:

1. Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Company;

2. Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by Company, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.

4. Claim any content created by Company as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Company was Client’s work, and use in his/her business as his/her own.

5. Share purchased materials, information, content with others who have not purchased them.

6. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws. 

9. Indemnification

1. Client agrees at all times to defend, fully indemnify and hold Company and any affiliates, agents, team members or other party associated with Company harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Company be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Company’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Company, free of charge. 

10. Dispute Resolution

1. Should a dispute arise between Company and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Company responsible for any specific results, or those results which have been achieved by other clients of Company.)

2. If unable to reach a resolution informally, Client and Company agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Springdale, Arkansas within a reasonable amount of time. Client and Company agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.

11. Non-Disparagement

1. Company and Client agree that they neither will engage in any conduct or communications designed to disparage the other. Neither Client nor any of Client’s associates will in any capacity or manner communicate in any way (or cause, solicit, encourage, or participate in any of the foregoing), any remark, comment, communication or other statement of any kind, that might reasonably be construed to be derogatory or critical of or negative toward, the Company or any of its programs, members, employees, affiliates, agents or representatives.

12. Applicable Law

1. This Agreement shall be governed by and under control of the laws of Arkansas regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of California are to be applicable here.

13. Amendments

1. This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Company, or a party authorized to sign on behalf of either party.

PROGRAM OUTLINE ADDENDUM

Client understands, acknowledges, and agrees he/she is purchasing the Business with Impact Academy™ Program ("the Program")

Once Client has joined, client will receive the entire Business with Impact Academy™ program hosted on the Company's Client Portal.

Client will also be invited to two coaching calls per month for twelve months as part of the program.

Client has carefully read this Program Outline and acknowledges that he/she is aware of what is, and what is not included within this Program. Client is aware that this Program Outline includes EVERYTHING included within the Program. If Client expected additional information, products, services, or other information to be provided in this Program but does not see it here, Client understands it may not be included. Company is under no obligation to provide anything other than what is listed above, with the exception of updated or ever-changing Bonuses offered for limited periods of time. No edits or amendments may be made to this Program Outline Addendum without express written consent of both parties.

By completing the online purchase and being charged the amount listed above, Client confirms he or she has reviewed this Program Outline, completed any and all appropriate additional research, and asked any and all necessary questions of Company and his/her team in order to feel appropriately educated of the Program and product/service being offered. Client understands he or she will not be entitled to a refund once completing this purchase for any reason.

Last Updated: January 20, 2022

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