Terms of Use
Magik & Business (a 6-month entrepreneur group coaching program)
Please read the Terms of Use for the Program carefully and in their entirety before purchasing and using Magik & Business (hereinafter referred to as the “Program”). The Program and its content are owned by Shannon Speir LLC.
- Definitions:
“Company”, “We”, “I”, “Our”, or “Us” means Shannon Speir LLC
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.
“You” or “Your” means the purchaser and person using the Program.
- Consent:
By participating in the Program, you implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms of Use.
- DISCLAIMER:
By participating in the Program, you understand that Shannon Speir is an Online Business Mentor & Ritual Guide.
This Program is for informational and educational purposes only. The information and education provided in this Program is not intended or implied to supplement or replace the professional advice of an attorney, accountant, and/or financial advisor. You should correspond with a professional in those areas (financial, legal, accounting, etc.) in person with someone where you live or work to discuss issues or questions pertaining to your particular legal, financial, or business situation.
Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you.
We make every effort to accurately represent our products, programs and services. Any earnings or growth stated about the Program or students in the Program (past or present) are estimates or examples only of what’s possible. They are not guarantees of future results, guaranteed success or a promise that you will experience the same or even similar results. There is no guarantee that past results will be replicated in the future. The failure or success of use of our products, programs and services relies on your own due diligence and efforts. We are not liable for the success or failure of your business, health, financial situation, and/or any other effect from use of our Program and/or services.
- Independent Contractor
Coach’s relationship with the Client will be that of an independent contractor and not that of an employee. Coach shall be solely responsible for determining the method, details and means of performing the Services.
- Assumption of the Risk
You should use your best judgment in using the information provided in the Program, which is done at your own risk. It is your responsibility to discern the risk of using the Program or its content. You assume responsibility for your actions, choices, or lack thereof, related to the Program.
- Intellectual Property Ownership:
The Program and its content, including, but not limited to, all trainings, worksheets, checklists, and guides in M&B are intellectual property owned by Shannon and Shannon Speir LLC. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
- No Sharing:
You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.
You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately and no refund will be issued.
- No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
We don’t make any assurances as to any particular financial-based outcome based on the use of or participation in the Program. We are not responsible for the success or failure of your business, business decisions, income, sales, or any other result of any kind that you may have as a result of your participation in the Program.
- DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way including, but not limited to, your future income, sales, potential, profitability, or losses derived as a result of your use of the Program. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Program.
- Your Release of Us, Indemnification, Hold Harmless:
To the fullest extent permitted by law, Shannon Speir LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release Shannon Speir LLC from any and all claims.
By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Shannon Speir LLC, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.
By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Shannon Speir LLC as stated in this section herein.
- Our Refund Policy:
Your satisfaction with the Program is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Program we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Program and no refunds will be provided to you at any time. By using and/or purchasing our Program, you understand and agree that all sales are final and no refunds will be provided.
Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or 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 to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
- ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing Shannon at [email protected].
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Shannon and Shannon Speir LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 50 miles of Fuquay Varina, North Carolina.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of North Carolina. The only award that can be issued to you is a refund of any payment made to Shannon Speir LLC for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.
- Limitation of Liability:
Shannon and Shannon Speir LLC are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
- PAYMENT, PURCHASE, AND PLAN TERMS
- General Payment Terms:
When you pay for the Program by credit card, you authorize and give permission to Shannon Speir LLC to charge your credit or debit card on a recurring basis to remain in the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant PayPal and Stripe (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. Shannon Speir LLC is not responsible for the merchant’s independent policies or practices.
- Payment Plan Terms / Failed Payment Procedures:
Should you choose to purchase the Program via one of our Payment Plans options at checkout (hereinafter the “Plan”), you will be billed on a recurring and periodic basis (such as monthly or annually), depending on the type of Plan you select when purchasing the Program. By selecting one of our payment plan options, you are committing to ALL payments until your purchase is paid in full.
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By purchasing the Program, you hereby authorize and give permission to Shannon Speir LLC to automatically charge your credit card, debit card, or PayPal account, as payment for the Program, for which you will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization from you.
We will not contact you to seek any additional authorization, approval, or permission before charging your card for each monthly or yearly recurring Payment Plan.
- Failed Payments / Re-charge procedures:
By signing up for the Payment Plan, your card will automatically be charged on a recurring basis depending on the Payment Plan plan chosen.
If your payment fails on the 1st attempt:
In the event that your payment is not successfully made on your due date, your credit card will automatically be re-charged after a 1 day grace period to make your payment of the Program.
If your card was accidentally not updated or available to be processed at the time we attempted the initial charge, you’ll have that 1 day grace period to update your card information without any penalty or losing access to the Program.
After 2nd failed payment:
Your access to the Program will be temporarily suspended and you will not be able to access the Program at all until you successfully complete your payment. We will attempt to re-charge your credit card in 1 day.
After 3rd failed payment:
Your access will still be suspended, pending your successful completion of your owed late payment. In 1 day, we’ll attempt to charge your card.
4th and final attempt to make payment:
The 4th attempt is the final attempt to collect your payment before the matter is forwarded to collections. If the 4th payment fails, you will be permanently removed from the Program and no refund will be given.
When choosing the Payment Plan options, you consent to being responsible for ALL payments owed under the Program terms.
- Cancellation
The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, at any time without notice. The Company may terminate your participation in the Program at any time, without refund, if you breach any part of these TOU. In the event of cancellation or termination, you are no longer authorized to access the part of the Program or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Program and its Content will still apply now and in the future, even after termination by you or the Company.
No Chargebacks:
You will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or your credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.
- Severability
The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
- Entire Agreement
These Terms of Use contain the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.
- Choice of Law + Venue
These Terms of Use shall be governed by the laws of the state of North Carolina. Any action brought by any party arising out of or from these Terms shall be brought within the North Carolina, County of the United States of America.
By purchasing and/or participating in the Program, you implicitly signify your agreement to all of the terms in these Terms of Use.
If you have any questions about the Terms of Use, please contact Shannon [email protected]. Thank you.
- Miscellaneous
(a) LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COACH HAVE ANY LIABILITY TO CLIENT FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND IN NO EVENT SHALL THE COACH’S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
(b) Indemnification Client agrees to defend, indemnify, and hold harmless the Coach, its affiliates, licensors, service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to this Agreement.
(c) Governing Law The validity, interpretation, construction and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the state of DE, without giving effect to principles of conflicts of law.
(d) Entire Agreement This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior or contemporaneous discussions, understandings and agreements, whether oral or written, between them relating to the subject matter hereof.
(e) Amendments and Waivers No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by the parties to this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance.