Effective as of August 5, 2024
The following Terms and Conditions of Use (the "Agreement") are entered into by and between You ("Customer" or "You") and Kamila Social LLC ("Company", "We", or "Us").
Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any Kamila Social LLC digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, training, or challenges, enter any online private forums, including Circle or Telegram groups, operated by Kamila Social LLC (for any purpose), whether on a website hosted by Kamila Social LLC, or a third-party website such as an online course platform or facebook.com, whether now known or unknown (collectively “the Program”).
If you do not agree with these TOU, you may not purchase or use the Program.
Purchasing the program and checking the terms and conditions button means you have read through these terms and agree to them. You agree that checking the terms and conditions button is providing us with your legal digital signature, which is equivalent to signing a binding contract.
Program
The Company agrees to provide You with access to the Group Coaching Program titled, "Evergreen Icon" ("Program"). As a condition of participating in the Program, You agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
This Program is intended and only suitable for individuals aged eighteen (18) and above. Some of the content in this Program may not be appropriate for children due to language used. The Company hereby disclaims all liability for use by individuals under the age of eighteen (18).
Effective Date
This Agreement shall commence and be enforceable with respect to each Customer upon the date that Customer initially registers for the Program. After enrolling, You will have 12 months to access the training and community. After that time, your access will end.
Terms of Use and Privacy Policy
The Company’s Terms of Use and Privacy Policy are hereby incorporated by reference into this Agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to You. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.
Fees
Your satisfaction with the Program is important to the Company. However, because of the extensive time, effort, preparation, and care that goes into creating and providing the Program, the Company has a no-refund policy. Unless otherwise provided by law, you acknowledge that the Company does 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 the Program, you understand and agree that all sales are final, and no refunds will be provided.
In consideration of Your access to the Program, You may choose between a single payment of $5,000 (due immediately), 12 monthly installment payments of $499, or a weekly payment of $117 per week for a total of 52 weeks.
If You select the payment plan, You must pay the initial payment today, and then Your selected payment method will be automatically charged the following payments on the pre-determined schedule, for a total payment of $5,988. If choosing weekly payment plan, your total will be $6,084.
You will remain responsible for those payments regardless of your participation or even if you feel “complete” with the program before your installment plan is complete.
The Program has a "No Refunds" policy, so You may not cancel or avoid these payments. In the event that any payment is not made, the Company shall immediately suspend Your access to the Program. Late payments may incur an additional fee of 5% of the overdue amount per month.
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.
Payment Plan Authorization
If You elect for the payment plan, You hereby authorize the Company to charge Your credit card or debit card automatically according to the terms set forth in the Fees section above.
Coupons & Other Discounts
From time to time, the Company may choose to offer discounts, coupons, run special promotions, or otherwise put its products and programs on sale. If You purchase using a coupon or during a promotion or other sale, You agree to pay the fees set forth during the checkout process at the time of Your purchase. All other elements of these Terms & Conditions shall apply to such purchases without change.
No Refunds
All sales are final, and the Company does not offer any money-back guarantees. You recognize and agree that You shall not be entitled to a refund for any purchase under any circumstances, including due to your decision not to use the program, not attend any calls, or for any other reason.
Your decision not to participate in the program or attend the live calls, for any reason, is not grounds for a refund or installment plan termination.
To the extent You are in a jurisdiction that has a legal cooling-off period, You recognize that accessing the material in the Program will forfeit any rights You might have under that cooling-off period.
Exception: If You join the Program and decide to quit within 48 hours because You determine that our style is not for You, You may request a partial refund. To be eligible, You must not have consumed more than 3 video lessons. The partial refund will accommodate credit card processing fees of 2.9% which we do not get back. If you have consumed more than 3 video lessons, you are not eligible for a refund.
Steps to Request a Partial Refund:
Notify Us: Email hello@heartbehindhustleteam.com within 48 hours of your purchase date. No refunds will be considered or granted after that date under any circumstances.
Specify Reason: Clearly state that our style is not suitable for you.
Refund Eligibility Check: Confirm you have not consumed more than 3 video lessons.
Refund Processed: If eligible, we will process a partial refund minus the credit card processing fees.
Term Of The Program
Your access to the Program shall begin on the date of Your purchase and continue for a period of 12 months (your “Program Termination Date”). Unless otherwise noted in the Program Details below, the Company’s responsibilities to You shall cease after Your Program Termination Date.
Program Details
As part of the Program, the Company shall provide the following to the Customer:
Access To Training Area: The Company shall maintain a Training Area that may include lessons, forms, worksheets, checklists, and other information (the “Training Area”). You shall have access to this Training Area during the duration of the Program. It is Your responsibility to consume the content in the Training Area.
Access To Private Discussion Group: The Company shall maintain a Private Group that You will have access to as a member of the Program. That Group provides a forum for You to connect with other Program participants and to seek guidance and support. Members of the Company will seek to interact with Program participants in the group, but the Company does not make any guarantees about participation by any of its employees, founders, or members in the Group. You are required to abide by any and all rules posted in that Group. If You fail to abide by those rules, You will forfeit Your right to participate in that Group. In the event You lose Your right to participate in the Group as a result of rules violation, You shall not receive a refund.
Group Coaching Sessions: As a member of the Program, You will have access to regularly scheduled Q&A coaching calls. The Company shall provide You with details about how to participate in these coaching calls.
Other Access to Coaches: The Company may have guest or substitute coaches participate and coach in the Program from time to time. The Company, in its sole right and discretion, reserves the right to assign any and all duties, responsibilities, and obligations under the terms of these TOU, at any time, to any qualified third party of its choosing to be a guest or substitute Program coach, without providing advanced notice or needing advanced consent from you. If you disagree with or fail to consider the Company’s guest coach or coach substitute as qualified, no grounds to receive a refund will be created and any request for a refund on this basis shall be denied.
Bonuses: From time to time, the Company may offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to You at the time of registration.
Coach-Client Relationship
The coaching relationship is co-creative, meaning that the coaches and you are equal partners in the coaching process.
Your Coaches’ Responsibilities
Your coaches are trained to use communication skills and coaching tools to support you as an equal partner throughout the coaching process.
Your coaches will provide guidance to group participants based on information provided to the coaches.
Your coaches will answer questions through whatever forum your Program provides, such as via the Company’s website, a social media forum, live event, Circle, Telegram, or live group coaching call.
Your Responsibilities
You agree to complete all tasks assigned during the Program, including but not limited to watching or listening to videos, completing worksheets and assignments, and attending coaching sessions. You must implement the tools and strategies learned throughout the Program and are responsible for making considerable efforts towards your own development during the Program. Determining that “you already know all of this” without actually going through all of the curriculum or attending the live calls and asking for support from your coaches is in breach of your responsibilities as a client.
You agree that your relationship with the Company is that of a coach-client relationship and that no other professional relationship has been established.
You agree that coaching is not to be used as a substitute for professional advice of any kind, including medical, mental, or other qualified professional help and you agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.
Community Behavior
You are responsible for requesting support from the Company when needed. If you are not seeing access to something promised, are feeling unclear about how to gain access, or anything else logistical, it is your responsibility to reach out to the Company privately to discuss as soon as possible.
You are to reach out about any access, curriculum, or other logistical issues privately to hello@heartbehindhustleteam.com. You are not permitted to discuss issues about access in a public group forum as it may create an undesirable energy in the group.
Additionally, you are forbidden from the following:
Direct messaging other participants, coaches, and team members
Harassing, fighting with, or being disrespectful to other participants
Causing damage to any Company website or third-party forums operated by the Company
Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent, or harmful purpose or activity
Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
Using any Company website or third-party forums operated by the Company to transmit, send, or deliver unsolicited communications or for other marketing or advertising purposes
Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
Sharing private and proprietary information from other participants with anyone else
Using discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels
The Company does its best to create a safe and welcoming space for all participants; however, the Company cannot guarantee that all participants will follow these guidelines. The Company, in its sole discretion, may remove any participant’s comments, posts, content, or materials. If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Program and your access to the Content without refund.
Confidentiality
You may use a screen name or pseudonym instead of your actual name for your participation in group coaching sessions and public posts on the Company website and in third-party forums operated by the Company.
The Company respects the privacy of its customers and will not disclose any information You provide except as set forth in this Agreement.
As a condition of participating in the Program, You hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.
Specifically, You shall not share any information provided by other Program participants outside of the bounds of the Program unless You receive express written permission from such other participants to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, its owners and employees, and other Program participants.
You agree that the Company shall not be liable for the disclosure of any of your information by another Program participant. You agree to keep all information you learn about other Program participants, their businesses, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.
You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s website, or any third-party forums operated by the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your access to the Program and Content.
Materials Provided By You During The Program
The Company does not claim ownership of the information or materials You may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing, or submitting Your Submissions, You are granting the Company, our affiliated companies, and necessary sub-licensees permission to include Your Submissions in the Program going forward.
In other words, the Company has the right to include Your Submissions – including any audio or video recordings of You participating in any sessions as part of the Program – in the Program going forward.
The Company also has the permission to use your likeness, results, feedback, comments shared, and testimonials for marketing purposes of the Program. Your name and picture can be censored for privacy if requested.
No compensation will be paid with respect to the use of Your Submissions, as provided herein. The Company is under no obligation to post or use any Submissions You may provide and may remove any Submissions at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting Your Submissions, You warrant and represent that You own or otherwise control all of the rights to Your Submissions as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input, or submit the Submissions.
Personal Responsibility
By participating in the Program, You accept personal responsibility for the results of Your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Program or not. The Company provides educational and informational resources that are intended to help participants in the Program succeed. You nevertheless recognize that Your ultimate success or failure will be the result of Your own efforts, Your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Program do not guarantee that You or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage You suffer as a result of the use, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Program.
Not Investment or Financial Advice
The Company does not hold itself out as a licensed financial advisor, and its employees cannot offer You investment or professional financial advice. Its programs, products, and services shall not be understood or construed as investment or professional financial advice. Those programs, products, and services are not a substitute for financial advice from a licensed investment advisor or other financial professional who is aware of the facts and circumstances of Your individual situation. We provide financial education, information, and do-it-yourself tools that You use at your own discretion. The information we provide may not be suitable for You because that information does not take into account your particular investment objectives, financial situation, or needs.
No Warranties
The Company makes no warranties regarding the performance or operation of the Program, including any technological aspects of the Program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Program. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve and do hereby absolve the Company of any and all liability or loss that You or any person or entity associated with You may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to You for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.
The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If You are dissatisfied with the Program or any portion of it, Your sole and exclusive remedy is to discontinue using the Program.
Choice of Law & Choice of Forum
The Parties agree that this Agreement shall be construed under the laws of Colorado regardless of any choice of law rules.
Each Party irrevocably and unconditionally agrees that any dispute arising under or related to this Agreement shall be resolved exclusively through individual, non-class arbitration to be held in Boulder County, CO under the rules of the American Arbitration Association. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such arbitration and agrees to bring any such dispute only in such forum. Each Party agrees that a final judgment by such arbitration is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
Fee Shifting
The Parties agree that the prevailing Party in any action relating to or arising out of this Agreement will be awarded its reasonable attorneys’ fees and costs incurred as a result of such a proceeding.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate Your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
Miscellaneous Clauses
The Parties further agree:
Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
Business Hours. Our company business hours are 10am to 4pm MST Monday through Friday. No responses shall be expected outside business hours. If You submit questions outside business hours, it may take Company 24-48 hours to provide a response. All responses requested by Client must follow our guidelines outlined in the Program.
Vacation Policy. Company takes scheduled time-off in the Program, which means there will be periods of the time during your Program where there may be limited or no access to support. You will be notified ahead of time when there are limited hours or no access. Those times-off are usually no longer than 10 days at a time, and usually happen a few times per year.
Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each Party.
Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Waiver. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither Party shall have authority to contract for or bind the other party in any manner whatsoever.
No Third-Party Beneficiaries. This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
Indemnification. Each Party (the “Indemnifying Party”) agrees to indemnify, defend, and hold harmless the other Party, its officers, directors, employees, and agents for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising from the Indemnifying Party’s (i) breach or non-fulfillment of any representation, warranty, or covenant in this Agreement, (ii) breach of this Agreement, or (iii) grossly negligent behavior in connection with this Agreement.
Force Majeure. Neither Party shall be liable or responsible to the other, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of that Party including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic and pandemic, lock-outs, strikes, or other labor disputes (whether or not relating to either Party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. If the event in question continues for a continuous period in excess of 15 days, either Party shall be entitled to give notice in writing to the other to terminate this Agreement.