Terms and Conditions of Use

Effective Date: 15-Nov-2023
Last Updated: 26-Mar-2024

 

This website, www.charlesfielder.com, or sites using the domain charlesfielder.com (collectively, “Site”) are owned and operated by CharlesFielder, LLC (“Company”), which operates under the laws of the state of Texas, in the United States of America. In this Terms and Conditions of Use document (Terms), “we”, “us” and “our” refer to Company, and the terms “client” “you” or “your” refer to any individual user of our Site or our product and services offerings.

NOTICE: The Terms and Conditions of Use specified herein define and govern your use of the Site, your purchase of, or your access to any of our free or paid product and services offerings (collectively, “Services”), including but not limited to online or in-person: coaching programs, workshops, training courses, and other services or resources . It is your responsibility to carefully read these Terms prior to using our Site or Services.

USE OF OUR SITE AND SERVICES

When you accessed our Site or opted-in to any of our Services, you were given reasonable notice that these Terms existed. By accessing and continuing to use our Site or by clicking to accept or agree to these Terms when the option is made available to you, you agree to be legally bound and abide by these Terms and our Privacy Policy (https://charlesfielder.com/privacy-policy whether or not you have read them. If you do not agree with these Terms or our Privacy Policy, you must not use or access our Site or Services.

By using our Site or by clicking to accept these Terms, you accept and agree to be bound by and comply with these Terms as well as our Privacy Policy. By purchasing or accessing any of our Services, you further warrant to us that you are the applicable age of majority in your jurisdiction.

 

ACCESS AND DELIVERY OF SERVICES

AGE OF MAJORITY

To access or use our Site, purchase our Services, or join our program-specific resources you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. Anyone under the age of 18 is prohibited from using these offerings.

 

RIGHT TO CHANGE OR RESTRICT ACCESS TO SERVICES

When you purchase a specific Service through our Site, you will be notified of the duration for which you have been granted access to those Services. We reserve the right at any time to change or restrict access to the Services. In the event we decide to change the Services or change the duration of your access to the Services, we will provide you a minimum of fourteen (14) days written notice via the email address you used to register for the program, and it will be your sole responsibility to access any materials available to you before that date.

 

REFUSAL OF SERVICES

The Services are offered subject to our acceptance of your order or request. We reserve the right to refuse service any order, person, or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Program, subject to us fulfilling commitments to you based on our prior acceptance of your payment.

 

ORDER CONFIRMATION

We will confirm receipt of your order via email with details concerning product delivery. In the event an error occurs with this confirmation email, it is your responsibility to inform us as soon as possible.

 

SERVICES DESCRIPTIONS

We strive to describe and display our Services as accurately as possible, though our Site or Services-related communications may occasionally contain out-of-date, inaccurate, or unclear content. In correcting these shortcomings when notice, we will sometime correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

 

FEES AND PAYMENT AUTHORIZATION

FEES

All Services-related fees and other fees (collectively, “Fees”) are listed in United States Dollars (“USD”) in these Terms, on our Site and, where applicable, in related Services agreements. We reserve the right to change our Fees at any time and without notice

You expressly agree and understand that you are responsible for full payment of Fees in USD for any course or program enrolled in, regardless of whether you complete the program, are willing or able to complete the program, regardless of circumstance, and regardless of whether you have elected full-payment or an available payment plan option.

If you choose an available payment plan option, you are responsible for the full and entire cost of the program, regardless of whether or not you complete it. For clarity, the payment plan option is NOT a subscription fee that may be canceled at any time. In the event of a defaulted payment, we will contact you via email to reinstate the payment plan, or invoice you for a lump sum, of the remaining balance. In the event of three (3) non-responsive emails, all accounts will be sent to an international collections agency for collection, and we reserve our right to use any legal means necessary and available to us to collect outstanding Fees owing to us including any costs incurred by us in the process.

 

PAYMENT AUTHORIZATION

You authorize the Company to charge your credit card, debit card, or other payment mechanism elected through Stripe or other payment processors we use to process your payment(s). If any payment is recurring or made via a payment plan, you authorize our continued access to your payment account data stored by any third-party payment processor we may use until your payment has been received in full and in accordance with any other payment terms accepted at the time of checkout.

Skipped or canceled payments will result in your access being revoked to any of our Products or Services until payment has been made or new payment arrangements have been arranged, which alternative payments will only be approved in our sole discretion. Any time lost will not be made-up and payment will remain due.

 

CHARGEBACKS

By initiating any chargeback dispute, you expressly agree to forfeit any and all bonuses, affiliate bonuses, or other materials or resources we provided to you. We reserve the right to present proof of your access to the Services and your acceptance of these Terms to any third party investigating the dispute.

 

REFUNDS

NO REFUND POLICY

WE HAVE A STRICT NO REFUND POLICY FOR ALL PROGRAMS AND SERVICES OFFERED THROUGH CHARLESFIELDER, LLC.

You are solely responsible for reading our sales page and Site carefully on any program for which you wish to enroll. Please contact us before your purchase if you have any questions about what’s included in any of the included Services. We are happy to help you determine whether it’s a good fit before you make that enrollment purchase.

 

ONE-ON-ONE SESSIONS

All one-on-one sessions purchased must be used during the contracted duration of the Program and are non-refundable and non-transferable.

 

RECORDING

MEDIA RELEASE

By enrolling in any group Services offered through us, you expressly consent to being recorded on our group calls, whether via photograph, audio, video, text, or any other identifying information directly accessible via the communications platform used for those Services. These calls may be shared with other program group members for later review, regardless of whether they participated in the recorded session.

By agreeing to these terms and conditions you consent to having your recording shared with other program group members.

 

INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS

OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

All content, resources, materials, images, text, designs, graphics, page layouts, icons, videos, logos, taglines, trademarks (whether common law or registered), copyright, and service marks (“Intellectual Property”) on our Site, contained in our Services or posted on any of our social media accounts is owned by us, unless attributed otherwise. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our Intellectual Property, in whole or in part, without our express prior written consent. We reserve the right to immediately remove you from any program and restrict your access to our Site and Services, without refund, if you are caught violating our Intellectual Property rights.

For clarity, you are strictly prohibited, and may NOT under any circumstance, use our Intellectual Property in any way, including re-posting or republishing any of our Intellectual Property, whether in whole or in part to any third-party website or social media platform for any purpose.

For clarity, using our Intellectual Property for ‘inspiration’ for your own content or offer is a violation of our Intellectual Property Rights and these Terms.

 

LIMITED LICENSE

Any and all materials that you access as part of our Services through our Site or any related domain are under the sole ownership or licensed use of the Company, including all Intellectual Property.

When you purchase access or enroll in any of our Programs or Services, you receive a limited, non-transferable, non-exclusive, royalty free license for your non-commercial purposes only to access the content or materials provided to you by us as part of the Services.

You do not obtain any ownership interest or other rights to the materials and all copyrights remain with us.

As a condition of your use of any materials provided to you, you may not, under any circumstances, reproduce, copy, modify, sell, or use such materials except as it was originally intended when it was provided by us to you, including sharing with any third-party, including members of your business or team. If it is determined that you have breached this limited license, this will be considered an infringement of our Intellectual Property rights and we specifically reserve the right to seek damages, an injunction, or any such other available legal remedy in our sole discretion.

As part of your limited, non-transferable, non-exclusive royalty-free license you may (i) access the Services for your personal use only; and (ii) download or print any of the materials provided to you as part of the Services for your personal use or personal use in your business only as intended by us (IE NOT for resale in your business).

 

VIOLATIONS AND INDEMNITY

We take violations and infringement of our Intellectual Property rights seriously. We expressly reserve the right to take whatever legal steps necessary to protect and defend our Intellectual Property, and violators will be prosecuted to the fullest extent permissible by law.

You agree to indemnify, defend, and hold us harmless for any and all damages, costs, and expenses, including legal fees, arising from your misuse of our Intellectual Property and our enforcement of our rights.

 

MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post, or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary rights without the express written permission of the owner of the copyright, trademark, or other proprietary rights, and the burden of determining that any Materials are not so protected rests entirely with you.

You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

 

NON-COMPETITION

If you enroll in any programs or services offered by the Company you may not create programs or perform any services that are the same or similar to those sold by us, for sale or distribution for a period of two (2) years after purchasing Services from our Site.

 

ASSUMPTION OF RISK AND DISCLAIMERS

ASSUMPTION OF RISK

Use of this Site is at your own risk. You understand and agree that the use of our Site, its contents, and any of our programs or Services is at your own risk.

 

WARRANTIES DISCLAIMER

We make no warranties as to our Site, the Services, or any related materials. You agree that our Site, and Services are provided “as is” and without warranty of any kind either express or implied. To the fullest extent permissible pursuant by applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.

 

NO GUARANTEES

While we may reference certain results, outcomes or situations on this Site or Services, you understand and acknowledge that we make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our Site or as part of the Services.

 

GENERAL DISCLAIMER

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the use of our Site or the Services, including without limitation any liability for any accidents, delays, harm, loss, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract or otherwise, whether foreseeable or unforeseeable.

 

EARNINGS DISCLAIMER

You agree that you understand individual outcomes will vary. Case studies or testimonials are not indicative of guaranteed results.

Each individual user approaches our Services with different backgrounds, disposable income levels, motivation, and other factors that are outside of our control. We cannot guarantee your success or financial gain merely upon access of our Site or your use of Services.

 

THIRD-PARTY DISCLAIMER

You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user, including you.

 

TECHNOLOGY DISCLAIMER

We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Site and Services. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control, and you may need to access support from a third-party provider. We do not warrant that the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site or Services are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Site, Services, or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

 

NOT PROFESSIONAL ADVICE

We are not legal, financial, or other regulated professionals, or if we are, your use of our Site does not mean we are providing our professional services to you. You expressly acknowledge and agree that we are not acting in any professional capacity, including medical, psychological, legal, financial, or otherwise during the provision of any Service. No part of our Site, the Service, or any related content or materials, including any expert guest workshops that may be provided from time to time, are to be construed as medical, psychological, legal, or financial advice. We expressly disclaim all responsibility for any actions or omissions you choose to make as a result of using this Site and/or Services.

 

THIRD-PARTY CONTRIBUTORS

We may provide content to you written by third-party contributors on our Site. While we make our best effort to ensure all of our writers are qualified in their industry and reflect our values, we make no guarantees of quality or accuracy. All written content on the Site are opinion pieces and must not be interpreted as our opinion or as specific advice. We are not liable for any third-party contributors’ content or opinions. You must not rely on Site content or third-party contributors’ opinions and always seek the appropriate professional advice.

 

LIMITATION OF LIABILITY AND INDEMNITY

LIMITATION OF LIABILITY

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL COMPANY NOR, WHERE APPLICABLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AFFILIATES OR SUCCESSORS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH OR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION ON THE WEBSITE EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE, WHATSOEVER, SHALL BE LIMITED TO ANY ACTUAL AMOUNT PAID BY YOU FOR ANY SERVICES YOU HAVE PURCHASED THROUGH OUR SITE OR IF YOU HAVE NOT PURCHASED ANY SERVICES THROUGH OUR SITE, OUR CUMULATIVE LIABILITY SHALL BE $100.00 USD.

 

RELEASE, INDEMNITY, AND WAIVER

To the maximum extent permitted by applicable law, you agree to defend, indemnify, release, and hold harmless the Released Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of our Site, including but not limited to any user submissions, third-party sites, any use of our Site’s content or materials, services and products other than as expressly set out in these Terms.

 

AFFILIATES

We may use affiliate links to sell certain products or services on our Site. In doing so, we disclaim all liability as a result of your purchase through one of the links, including but not limited to, the delivery, quality and safety of the purchased product or service. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms. You accept express liability for all consequences or benefits of clicking the affiliate links contained on our Site or related communications. You agree it is your obligation to read the terms and conditions for any affiliate site, services, or products.

 

TERMINATION OF YOUR USE

If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site, the Services, our online community platforms, and any related communications as we deem appropriate and in our sole discretion.

At any time, we may block or revoke your access of our Site and Services at any time without notice, and if necessary, block your IP address from further visits to our Site.

 

SECURITY

GENERAL

You understand that unfortunately, the transmission of information via the internet is not completely secure. Although we make commercially reasonable efforts to protect your information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Site.

 

SECURITY AND ACCOUNT CREATION

Your participation in the Program may require you to create a username and password to access any Services, it is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate these Terms. If you become aware that your password has been compromised or your account has been breached, it is your responsibility to notify us immediately by sending an email to [email protected].

You agree that any registration information you provide must be accurate and that you must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction.

 

USE OF THIRD-PARTY APPLICATIONS

Our Site and our Services make use of a number of third-party applications, such as for processing payments, scheduling meetings, electronically signing legal agreements, administering our programs and courses, delivering electronic newsletters, and other tasks. For more information as to how your personal information is collected, stored, and processed, please refer to our Privacy Policy located at https://charlesfielder.com/privacy-policy. You understand it is your responsibility to review the terms of use for any such third-party applications. If you do not agree with the terms of use for any third-party application used by our Site, please discontinue use of our Site and Services immediately.

 

CONFIDENTIALITY

You acknowledge that we have no duty of confidentiality to you, unless otherwise explicitly stated, such as in a subsequent client agreement, or as may be mandated by law or fiduciary duty.

 

YOUR COMMUNICATION WITH US

Any communications made through our contact form, blog comments, social media pages, other related pages, or directly to our phone(s), and email or postal addresses (collectively, “Media”) is not held privileged or confidential and may be subject to viewing and/or distribution by third-parties. We own any and all communications displayed on our Media as permitted under law and will not give credit or pay royalties for unsolicited user-generated content submitted through those Media. For more information on when and how we store and use your communications or any information provided by you in those communications, please refer to our Privacy Policy at the link given above.

We maintain the right to republish any communication or submission, in whole or in part, as reasonably necessary in the course of our business. You agree not to submit any content or communications that contain sensitive information or that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate. We reserve the right, in our sole discretion, to block your access to our Site and Services as a result of any such behavior that we deem inappropriate.

 

PROHIBITED BEHAVIOUR

By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend, and hold us harmless from any and all third-party claims, liability, damages and/or costs arising from your use and misuse of our Site and/or your breach of these Terms.

 

PRIVACY

RESPECT OF FELLOW PARTICIPANTS

We respect your privacy and require that you respect the privacy of fellow program participants. You agree not to violate the publicity or privacy rights of any fellow participant.

You agree:

• not to infringe any Program participant’s or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights;
• that any Confidential Information shared by program participants or any of our representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to us;
• not to disclose such information to any other person or use it in any manner other than in discussion with other program participants during the program session.

 

LAWFUL PURPOSES

You may use the Site and Program for lawful purposes only. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

 

GENERAL

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of these Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

 

ENTIRE AGREEMENT; WAIVER

This Agreement constitutes the entire agreement between you and the Company pertaining to the Site and Services and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by the Company or any of the Released Parties shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.

 

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be submitted in writing to us at [email protected] or to you, via the email you used at register.

 

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the state of Texas and the federal laws of the United States of America (“USA”), where applicable. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Austin, Texas, USA. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation.

 

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable legal fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

 

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

 

ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms are not assignable, delegable, sub-licensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

 

ALL RIGHTS RESERVED

We reserve the right to update and change these Terms at any time and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page at https://charlesfielder.com/terms-and-conditions. Your continued use of or access to the Site and/or Services affirms your acceptance of any changes to our Terms. All rights not expressly set out and granted in these Terms and/or our Privacy Policy are expressly reserved by us.

 

CONTACT

If you have any questions about these Terms or our Privacy Policy, please send an email to: [email protected].