Just A Little Legalese, If You Please
Financial and Earnings Disclaimer
When addressing financial matters on any of our Sites, Products, videos, podcasts, webinars—including replays, newsletters, email exchanges, coaching calls, social media, live hangouts, in-person events, or other content, we’ve taken every effort to ensure that we accurately represent our programs and their ability to grow your business and improve your life. However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations.
This is not a “get rich quick scheme.” Nothing on our Sites or Products is or constitutes a promise or guarantee of earnings. Your level of success in attaining similar results is dependent upon numerous factors including your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name a few. Because these factors differ according to individuals, we cannot and DO NOT guarantee your success, income level or ability to earn revenue or resolve any professional and/or personal issues.
You alone are responsible for your actions and results in life and/or business. Any forward-looking statements on our Sites or contained within our Products are simply our opinion and thus are not guarantees or promises for actual performance. It should be clear to you that by law we make no guarantees that you will achieve any results from our ideas, methods or models presented on our Sites or within our Products, and we offer no professional legal, medical, medical, psychological or financial advice.
Fees and Payment
As consideration for any purchase you make on the Sites, you shall pay John Charles Enterprises Inc. and/or Woman-101 LLC all applicable fees and taxes. We (or our third-party payment processor(s)) shall authorize your credit card, PayPal account, bank account or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same.
If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency, at the current conversion rate.
All Products, programs, events and services are priced in U.S. dollars.
You must provide current, complete and accurate billing and credit card information. You must also promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name, Login and/or Password) otherwise your account and access to any Product and/or course and/or service will be suspended.
You hereby authorize John Charles Enterprises Inc. and/or Woman-101 to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card.
If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorneys’ fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
No Professional Advice
The information contained in or made available through our sites (including but not limited to information contained on videos, podcasts, comments, webinars—including replays, live hangouts, in-person events, throughout our coaching calls—including replays, in emails, in text files, on social media, or in chats CANNOT replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological or legal matters.
Even though Stacey A. Storino, Esq. is a licensed attorney, her practice has been CLOSED to NEW clientele since January 1, 2016 and shall remain as such indefinitely. Therefore, the disclaimer previously made remains in full force and/or effect despite Ms. Storino being an attorney, as she is NOT dispensing legal, financial, medical and/or psychological advice to you.
In particular you should regularly consult a doctor in all matters relating to physical and/or mental health, particularly concerning any symptoms that may require a diagnosis or medical attention.
We and our licensors and/or suppliers make no representations or warranties concerning any treatment, action, or application of medication and/or preparation by any person following the information offered or provided within or through the Sites or Products.
You should also consult a lawyer (NOT Stacey A. Storino, Esq.), accountant, bookkeeper, financial and/or business advisor in all legal, accounting, monetary or business matters.
Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites and/or the Products you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstances.
Every effort has been made to accurately represent the Sites and Products and their potential.
The Sites and Products have no guarantee attached to them that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings of any kind. Earning potential is entirely dependent on the person using our Sites, Products, ideas and techniques. We do not position any of our Sites, Products, ideas or techniques in any way as a “get rich quick scheme.”
Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in our materials depends on factors including, but not limited to, the time you devote to the Sites, Programs, ideas and techniques mentioned, your finances, network and/or contacts, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
Materials in our Sites and Products may contain information that includes or is based upon forward-looking statements. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and/or terms of similar meanings in connection with a description of potential earnings or financial performance.
Any and all forward-looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s; in fact, NO guarantees are made that you will achieve any results from our ideas and techniques in our material, Sites and/or Products.
Terms and Conditions
Please READ CAREFULLY before consuming our content and/or purchasing any Products and/or accessing any of our Sites as you (herein referred to as “Client”) agree to the following terms stated herein.
John Charles Enterprises Inc. and/or Woman-101 (herein referred to as the “Company” or “Companies”) agrees to provide Sites and/or Programs and/or Products identified in online shopping cart(s).
Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
Client understands Stacey A. Storino, Esq. (herein referred to as “Consultant”) and the Company and/or Companies are NOT employees, agents, lawyers (Ms. Storino’s law practice is closed to new clientele as of 1/1/16), doctors, managers, therapists, public relations or business managers, registered dietitians, or financial analysts, psychotherapists or accountants.
Client understands that Consultant has not promised, shall not be obligated to and will not: (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions, including but not limited to, accounting, tax, legal or investment consulting and/or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s network (in whole or in part) of contacts, media partners and/or business partners.
Client understands that a relationship does NOT exist between the parties after the conclusion of the Program(s).
If the Parties continue their relationship, a separate agreement will be entered into.
Fees are listed for all Products on the Website.
Methods of Payment
After browsing our Website we hope that you will be interesting in purchasing our Product(s). You will have the options as discussed, above (see “Fees”).
In order to use the Products/Services you must purchase them and therefore must provide accurate account information for at least one valid Payment Method. We make the following methods of payment available: credit cards and PayPal, the latter from time to time and in our sole discretion (each to be considered a “Payment Method”).
You hereby authorize us to run credit card authorizations on all credit cards provided by you, to store credit card and banking or other financial details as your method of payment for the Products/Services and to charge your credit card (or any other Payment Method). Credit cards and PayPal accounts and, if applicable, bank accounts in most countries will be charged by John Charles Enterprises Inc. and/or Woman-101 LLC.
By providing Payment Method information throughout the Sites, you represent, warrant and covenant that: (1) you are legally authorized to provide such information to us; (2) you are legally authorized to perform payments using the Payment Method; and (3) such action does not violate the terms and conditions applicable to your use of such Payment Method and/or applicable law.
When you authorize a payment using a Payment Method via the Site(s), you represent, warrant and covenant that there are sufficient funds or credit available to complete the payment using the designated Payment Method.
To the extent that any amounts owed under this Agreement cannot be collected from your Payment Method, you will be and are solely responsible for paying such amounts by other means.
Taxes: You are solely responsible for any applicable state, federal and/or provincial taxes. Although you may not be charged taxes by us, you agree that you will pay any applicable taxes and/or fees to your local and/or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.
Single Use License: A lifetime membership includes a single use license for a single individual. This CANNOT be transferred and CANNOT be shared. A lifetime membership also includes membership into the private Facebook group community, while said are provided, for a single member.
Additional members CANNOT be added to the Facebook group community, while said are provided, UNLESS further licenses are purchased.
We offer full refunds to any unsatisfied customer up to thirty (30) days after the purchase was made for NON-FOOD ITEMS (i.e., courses, etc.).
If you would like your money back on your purchase of any Products simply Contact Us with a description of your problem and/or reason for requesting a refund and a request for a refund. We will promptly refund in full any and all payments made.
Chargebacks and Payment Security
To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates agreed.
If Client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent.
Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
No Transfer of Intellectual Property
The Company’s Programs are copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license.
Client is not authorized to use any of Company’s intellectual property for Client’s business purposes.
All intellectual property, including Company’s copyrighted Programs and/or course materials, shall remain the sole property of the Company.
No license to sell or distribute Company’s materials is granted or implied.
By purchasing the Product(s), the Client agrees: (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights; (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company; (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company.
Further, by purchasing the Product(s), Client agrees that if Client violates or displays any likelihood of violating any Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
The Company respects Client’s privacy and insists that Client respects the Company’s and Product Program Participants (the “Participants”). Thus, consider this a mutual non-disclosure agreement.
Any Confidential Information shared by Program participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it.
Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum(s) or in the group(s) provided (via Facebook and/or other platforms) or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with Participants during Program.
Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third-party.
Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore, Client will NOT reveal any information to a third-party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client, including but not limited to: names, email addresses, third-party company titles or positions; phone numbers or addresses.
Additionally, Consultant will not, at any time, either directly or indirectly, disclose Confidential Information to any third-party. Further, by purchasing the Product(s) you agree that if you violate or display any likelihood of violating this section the Company and/or the other Participants will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program.
Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each Client and/or Participant may significantly vary.
Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program.
Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual.
Company assumes no responsibility for errors and/or omissions that may appear in any program materials.
Independent Contractor Status
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship amongst the Parties, Client and/or Company and/or Participants.
Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
LIMITATION OF LIABILITY. Client agrees they used Company’s services at their own risk and that Program(s) is/are only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents or staff (hereinafter the “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable and/or unforeseeable.
Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to: direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program(s). Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third-party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owners, directors, officers, affiliates, subsidiaries, employees, agents or representatives.
Company may modify terms of this agreement at any time. All modifications shall be posted on the Sites and purchasers/Clients shall be notified accordingly.
The Company is committed to providing all Clients in the Program(s) and/or utilizing the Product(s) with a positive Program and/or Product experience. By purchasing any Program(s) and/or Product(s), Client agrees that the Company may, at its sole discretion, terminate this Agreement and limit, suspend and/or terminate Client’s participation in the Program(s) and/or Product(s) without refund or forgiveness of monthly payments if Client becomes disruptive to the Company or Participants, Client fails to follow the Program and/or Product guidelines, is difficult to work with, impairs the participation of the Participants in the Program(s) and/or Product(s) or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
Client shall defend, indemnify and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates and succesors from and against any and all liabilities and expense whatsoever—including, without limitation—claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees and disbursements—which any of them may incur or become obligated to pay arising out of or resulting rom the offering for sale, the sale and/or use of the Product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company or the like arising from or relating to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of Client’s payment for the right to participate in the Company’s Program(s) and/or Product(s), the Client/undersigned’s, their heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge John Charles Enterprises Inc. and/or Woman-101 (the Company and/or Companies) and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in any trainings/Program(s)/Product(s) in any way, as well as the venue where the Program(s) and/or Product(s) are being held (if applicable) and any of its owners, executives, agents or staff (hereinafter “Releasees”) of and from all actions, causes of action, contractors, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from Client’s participation in the Program(s) and/or Product(s).
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including, but not limited to, a temporary restraining order or injunction.
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
If you have any questions or concerns, please Contact Us.