This Terms of Service Agreement (the “Agreement”) is an agreement between Client (the “User”) and Michele Walsh Limited . (“Company”, “we”, or “us”). We provide Users with Services as defined below (collectively, the “Services”). This Agreement explains our obligations to you, and Client’s obligations to us. This Agreement is the entire Agreement between us. By using the Site and Services in any way Client are agreeing to comply with these terms and any other legal notices or conditions or guidelines posted on the Site.
Our offerings include single point services, long term programs, group programs and e-products available for purchase.
Our Offerings are non-refundable except as required by law. If Client chooses a payment plan for Client’s service, Client will be automatically billed at the time the bill is due.
Delivery of Services. For single services, Client will be asked to schedule a mutually convenient time for Client’s consultation. For product offerings, Client will receive a link to the purchased product within 24 hours of Client’s purchase. All other offerings will be provided to Client within the terms described at the point of purchase.
Limitations of Liability. We do not guarantee any specific results. We are not responsible for any business loss that occurs during or after our time together.
Client agrees to:
- Participate fully in the development of the material, by providing timely responses and other information as required.
- Provide timely approval of the creative vision and direction.
- Meet Client’s payment obligations, in the method and timeframe selected.
Client certify that Client is at least 18 years of age.
Client agree that the email address provided in Client’s account information is valid and that Client will keep Client’s contact information up to date.
PAYMENTS, TAXES, AND REFUND POLICY
Client agree that Client’s payment will be processed by Michele Walsh Limited. Client agrees that Michele Walsh Limited may charge Client’s payment method for any additional products and services purchased by you. Client are responsible for providing Michele Walsh Limited with a valid payment method for payment of all fees.
If Client’s payment method for Michele Walsh Limited is invalid, Client will have five (5) days to provide another method of payment or Client’s services will be suspended will be taken down until Client’s account is paid in full. Client agrees that Client is responsible for full payment of fees for the Product regardless of whether Client actually participates, completes or utilizes the Product and regardless of whether Client has selected a lump sum or monthly payment plan.
Michele Walsh Limited does not refund fees. Client agrees that if, for any reason, Client chooses to cancel the Product prior to the end date of the Commitment Period, Client remains obligated to pay or continue paying any remaining outstanding balance(s) in full. To further clarify no refunds will be issued and all scheduled payments must be paid on a timely basis whether Client completes and utilizes the Product or not.
No Guarantee. Company has made every effort to accurately represent the Product and its potential benefits. Results can and do vary, therefore the Company makes no guarantees. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual or company’s success depends on many factors, including but not limited to, his or her background, dedication, starting point in their business or personal growth journey, desire and motivation.
Disclaimer. Michele Walsh and Michele Walsh Limited do not provide legal, tax, accounting or financial advice and the information provided to Client is not intended as such. Client should refer all legal, tax, accounting and financially related inquiries to appropriately qualified professionals.
Termination for Unprofessionalism. Company is committed to providing all Program Clients with a positive Program experience. By accepting these terms and conditions Client agrees that the Company may, at its sole discretion, terminate this agreement and limit, suspend or remove any Client from continuing at any time without a refund if the Client ceases to follow the Program guidelines, becomes disruptive or difficult to work with.
Appointments may be rescheduled with 24 hours prior notice.
CONFIDENTIAL INFORMATION. The term “Confidential Information” means any information or material which is proprietary to Michele Walsh Limited, whether or not owned or developed by Michele Walsh Limited, which is not generally known other than by Michele Walsh Limited, and which Client may obtain through any direct or indirect contact with Michele Walsh Limited.
Confidential Information includes without limitation:
– business records and plans
– financial statements
– customer lists and records
– technical information
– pricing structure
– computer programs and listings
– copyrights and other intellectual property
and other proprietary information
- Teachings and Processes
- Business Techniques and Processes
- Anything shared within the Facebook group by me or the other members (to protect each other)
– Personal development techniques and processes
Confidential Information does not include:
– matters of public knowledge that result from disclosure by Michele Walsh Limited
– information rightfully received by Client from a third party without a duty of confidentiality
– information independently developed by Client
– information disclosed by operation of law
– information disclosed by Client with the prior written consent of Michele Walsh Limited
and any other information that both parties agree in writing is not confidential.
PROTECTION OF CONFIDENTIAL INFORMATION. Client understands and acknowledges that the Confidential Information has been developed or obtained by Michele Walsh Limited by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of Michele Walsh Limited which provides Michele Walsh Limited with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the disclosure of the Confidential Information, Client agrees to hold in confidence and to not disclose the Confidential Information to any person or entity without the prior written consent of Michele Walsh Limited. In addition, Client agrees that:
- No Copying/Modifying. Client will not copy or modify any Confidential Information without the prior written consent of Michele Walsh Limited.
- Application to Employees. Further, Client shall not disclose any Confidential Information to any employees of Client, except those employees who are required to have the Confidential Information in order to perform their job duties in connection with the limited purposes of this Agreement. Each permitted employee to whom Confidential Information is disclosed shall sign a non-disclosure agreement substantially the same as this Agreement at the request of Michele Walsh Limited.
- Unauthorized Disclosure of Information. If it appears that Client has disclosed (or has threatened to disclose) Confidential Information in violation of this Agreement, Michele Walsh Limited shall be entitled to an injunction to restrain Client from disclosing, in whole or in part, the Confidential Information. Michele Walsh Limited shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.
Covenant Not to Compete. Michele Walsh Limited provides both in-person and on-line coaching and mentoring services, an educational program designed to teach others proprietary methods and any additional services ancillary and related thereto, including any and all proprietary mindset techniques, and in the future expects to engage in additional related and unrelated businesses (all such activities engaged in by Michele Walsh Limited is collectively referred to as the ”Business”)
In view of the Confidential Information in the possession of the Client, now or in the future and as a material consideration and inducement to Michele Walsh Limited to continue to do business with use, during the term of this agreement, Client, its employs and assigns, will not, without the prior written consent of Michele Walsh Limited, alone or in combination with others or in any manner whatsoever directly or indirectly:
Contact any customer that has a past or present relationship with Michele Walsh Limited where the result of such contact could or does disrupt, interrupt or in any other way impair the Business and / or its operation, including but not limited to a reduction in the amount of business previously done or contemplated to be done by Michele Walsh Limited for such customer, or a reduction in the amount or level of services requested from Michele Walsh Limited.
Although every effort is made to coach and mentor there is no guarantee of results. Michele Walsh Limited, its owners and assigns do not assume and hereby disclaim any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause.
Client expressly agrees that Michele Walsh Limited have a legitimate business interest justifying the existence of the restrictions contained in this Paragraph 7 of this Agreement.
Term and Termination. This Agreement shall become effective on the date first written above and shall terminate upon the happening of the longer of (a) the written notice of either party to the other of its election, with or without cause, to terminate this Agreement; or (b) the expiration of twenty four (24) months from the date first written above. Each party agrees that its obligations undertaken herein as Client with respect to Confidential Information disclosed to it, as well as any provisions of this Agreement, that by their terms, require performance after the termination or expiration of the Agreement or have application to events that may occur after such termination or expiration, shall survive and continue after any termination or expiration of this Agreement. Additionally, the parties’ obligation to protect trade secrets is perpetual.
Freedom of Action. Nothing in this Agreement is to be construed to preclude Client from using, marketing, licensing, and/or selling any designs, work product, processes, methodologies software, data processing or other information or material (collectively, “Material”) that are similar or related to those of Michele Walsh Limited, provided that the same are independently developed without reference to Confidential Information disclosed by the Michele Walsh Limited under this Agreement. From time to time, Client may have explored, and in the future is free to explore, similar business opportunities with other companies, and/or to pursue similar business opportunities on its own, including without limitation developing and/or marketing and distributing Material in competition with the other party. Subject to the specific obligations in this Agreement, such activities will not be considered a breach of this Agreement.
Relationship of the Parties. With respect to all performance of this Agreement, each party, including its employees, officers and agents, shall be considered an independent contractor, and not an employee, agent, partner, or joint venturer of the other party. Except as expressly provided in this Agreement, neither party shall have any right to act for, obligate or make commitments, express or implied, on behalf of the other.
These terms and conditions may not be modified by you.
The following Sections survive any termination of this Agreement: Intellectual Property Policy, Proprietary Rights, Pricing, Shipping and Terms of Sale, Disclaimer of Warranties, Limitation of Liability, Indemnity, Release and General.
Michele Walsh Limited will attempt to notify Client when major changes are made to this Agreement but Client should periodically review the most up-to-date version at https://michelewalsh.com
Entire Agreement and Amendment. This Agreement constitutes the entire agreement and understanding between the parties and supersedes any prior agreement or understanding whether oral or written relating to the subject matter hereof. The headings used herein are for convenience only and shall not control or affect the meaning or construction of any provisions of this Agreement.
Printed Version. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.