With Honors Mentorclass Content
For good and valuable consideration as outlined below, Client is electing to purchase access to With Honors Mentorclass Series (“Program” or “Mentorclass”). In exchange, With Honors agrees to provide the services outlined herein, and in the attached “Class Deliverables Addendum” as changed from time to time at the discretion of With Honors.
License to Use the Program.
You will be required to create an account with us in order to access and use the Program. To create an, you must be at least eighteen (18) years of age and will be required to provide us with information about yourself, such as your name and email address.
By creating an account, you agree that you shall (i) provide true, accurate, current and complete information about yourself as requested during the registration process, and (ii) maintain and promptly update such information to ensure that it is true, accurate, current and complete. If your information changes at any time, you are responsible for updating your user account to reflect those changes. We may, at any time and in our sole discretion, require you to update your account or provide additional information. If you fail to respond to such a request or otherwise provide any information that is untrue, inaccurate, not current or incomplete, With Honors may, at its sole discretion, suspend or terminate your account and refuse any and all current or future use of the Program, Website, or any portion thereof with no refunds.
You acknowledge that With Honors contracts with third-party service providers including but not limited to Kajabi to support the functionality of the Program, including the ability to create user accounts, process online payments, access features, and track progress and With Honors shall not be liable for any claims, disputes, or other potential injuries or damages caused by said third parties regardless of whether the use of the third party services initiates from the Program. Please do not use the Program unless you have read Kajabi’s terms, policies, and security practices, which can be found at https://kajabi.com/policies, which you hereby consent to by using the Program.
Client agrees and understands that he/she is purchasing access to the Program, a pre-recorded video series. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on With Honors’ website, www.withhonors.co (“Website”).
Should Client breach this provision and disclose Confidential Information belonging to With Honors or another user of the Program, Client understands and agrees that it shall be liable to With Honors and any relevant third party to the fullest extent under applicable law including but not limited to injunctive relief and all other appropriate damages and remedy available to it at law.
With Honors may request Client provide a testimonial in video and/or written form inlcuding photographs, texts, drawings, designs, ideas, feedback and more, to be used or published on With Honors’ Website, or on various sales, marketing, and promotional materials for the Program, or another program created by With Honors (“Testimonial”). Client understands that he or she is not required to give any testimony and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between With Honors and Client if Client refuses testimonial.
If Client accepts and provides With Honors with a testimonial, Client understands the content of the Testimonial, along with a photo and/or video of Client, may be published on With Honors’ Website or social media accounts or other marketing material. Should Client agree to provide a testimonial, Client agrees to With Honors’ rights to use Client’s testimonial for any and all purposes as With Honors decides in its sole discretion. No payment or additional services will be provided in return for Testimonial aside from the already exchanged consideration including participation and exposure. Client understands he or she is granting With Honors an unlimited, irrevocable, royalty free license in perpetuity to use, publish, modify, distribute, or repurpose any content provided to With Honors as part of a Testimonial.
Client gives With Honors an unlimited, irrevocable, royalty free license to use, repost, share, publish, and otherwise use the text, name, image, and/or likeness, ideas, feedback, designs, pictures, videos, graphics, or other such content of Client which Client voluntarily posts to social media or sends to With Honors via email, Slack, or other modes of communication, including, but not limited to, the With Honors Facebook Page, Twitter comments, With Honor’s Instagram comments, With Honor’s Instagram (including tags), DMs to With Honors, or any member of the With Honors team personally or otherwise.
Payment and Payment plans.
Clients will receive access to the Program only following payment in full of a one-time fee as determined by With Honors from time to time (“Fee”), payable via With Honor’s third-party payment processor, Kajabi, on the applicable sales page. Client understands and agrees that there is no payment plan option available for With Honors, and payment of the Fee must be received in full and processed prior to Client receiving access to the Program. With Honors reserves this right to cancel Client’s access to the Program should there be any issue with Client’s payment that is not timely resolved by Client. Client further agrees to the terms, conditions, and policies of Kajabi, which can be accessed at https://kajabi.com/policies.
As Client will receive full access to the Program, upon payment of the Fee, in digital format, Client understands and agrees With Honors is not able to offer refunds of any kind (full or partial) once Client has purchased access to the Program regardless of whether the reason for the refund request is related to the Client or With Honors. Client confirms he/she will do all necessary research to confirm the details of the Program prior to purchase.
Client further agrees and understands that changing his/her mind about the Program, failing to follow through or understand the details of the Program, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle Client to a refund. Client understands that by using the Website, Program and paying the Fee it consents to the refund policy.
With Honors is not responsible for any specific technology or applications Client may need in order to adequately receive the benefits or offerings of the Program. Client’s inability to access any part of the Program, including, but not limited to, any bonuses, worksheets, or spreadsheets due to technology on Client’s end does not qualify Client for a refund and Client assumes all responsibility therefor.
Client understands this is a completely digital, pre-recorded video module that does not include any live, personalized, or in-person training from With Honors, it’s members, employees or its affiliates. Client may access, view, and implement modules, materials, replays, and bonuses through the Website at his/her own pace and as made available by With Honors.
Client understands and agrees that he/she is voluntarily choosing to enroll in the Program, and is solely responsible for any outcomes or results. Client acknowledges and agrees that With Honors is not responsible nor liable to Client should Client sustain any injuries or damages, incur harm (financial, emotional, business, or otherwise), or encounter any other negative ramifications related to Client’s use of the Program and Website. Client agrees that he/she is fully responsible for his/her health and well-being, finances, legalities, and other details of Client's business, including participation in the Program and any results he or she may see therefrom.
You may not access or use the Program for any purpose other than the purpose for which we make it available to you as a learning and educational resource tool. We prohibit certain activities in connection with the Program, as determined in our sole discretion. You may not download, copy or screen shot the content for any use. These prohibited activities include, without limitation, the following:
Criminal or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, trademark infringement, or theft of trade secrets. Using any information obtained from the Program, or the Program itself, in order to contact, advertise to, solicit or sell any products or services to any other user or person without their prior explicit consent. Interfering with, disrupting or creating an undue burden on the Program or the networks or services connected to the Program. Attempting to impersonate another user or person. Using any information obtained from the Program in order to harass, abuse or harm another person. Using the Program in a manner inconsistent with any and all applicable laws and regulations. Using or otherwise accessing the Program for any reason other than a good faith interest in participating in and engaging with the content and information presented in connection therewith. Undertaking any activity which infringes on our or any third-party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity and privacy. Posting or submitting any content which is libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene. Engaging in any type of bullying, harassment, other offensive behavior toward other users or With Honors. Transmitting any trade secret or other material, non-public information about any person, company or entity without the authorization to do so. Restricting or inhibiting any other visitor from using the Program, including without limitation, by means of “hacking” or defacing any portion of the Program. Modifying, adapting, sub-licensing, translating, selling, reverse engineering, decompiling, or disassembling any portion of the Platform. Removing any copyright, trademark or other proprietary rights notices contained in the Program. Distributing any virus, worm or other similar or deleterious files, scripts or programming routines through the Program. Using any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Program or in any way reproduce or circumvent the navigational structure or presentation of the Program or its contents, authentications and security measures. Attempting to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Program, or modifying, translating, or creating derivative works based on the Program.
With Honors respects the intellectual property of others and expects its Clients to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate access to the Program of any Client who repeatedly infringes the rights of copyright holders.
With Honors will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via the Program, then you must send With Honors a written notice that includes the necessary information pursuant to the U.S. Digital Millennium Copyright Act. With Honors will only receive DMCA notices by email directed to its Designated Agent at the email address below: Email: [email protected]
Attn: Copyright Agent
With Honors may elect to not respond to DMCA notices that do not comply with all the necessary requirements, and may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the above.
Disclaimer /No Guarantees.
With Honors attempts to ensure that the Program is as useful and accurate as possible. However, we do not warrant that the Program and any and all information and materials in connection therewith, is accurate, complete, reliable, current, or error-free. With Honors cannot guarantee results from the Program, and cannot make any representations or guarantees regarding individual results. As such, Client agrees to hold With Honors harmless from any damage or injury that may occur as a direct or indirect result of Client’s use of the Program. THE PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WITH HONORS, ON BEHALF OF ITSELF AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIMS AND EXCLUDES ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WITHOUT LIMITING THE FOREGOING, WITH HONORS DOES NOT REPRESENT OR WARRANT (I) THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, (II) THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROGRAM, WEBSITE, OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (III) THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE PROGRAM. ANY MATERIAL OR DATA THAT YOU OBTAIN THROUGH THE PROGRAM OR WEBSITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Earnings Disclaimer: With Honors does not make any guarantees or assurances regarding a particular financial outcome based on use of the Program, nor is With Honors responsible or liable for Client earnings, or any increase or decrease in finances based upon information within the Program. Any information or testimonials regarding other past or current clients’ participation in other With Honors programs, With Honors income generated from content, or working with With Honors contained on Website or in sales, marketing, or promotional material that contain financial information are individual to such other client, and results may vary for you.
Client also understands he or she is electing to purchase Program based upon an independent decision.
No Warranty; No Medical or Professional Advice: With Honors makes no representations as the merchantability, accuracy, timeliness, completeness, quality, advise, or content that is included in the Program. The Program is not to be considered a substitute for personalized business, medical, or legal advice. The program is not designed to treat any mental, emotional, or other medical conditions, nor do we guarantee it will be a good fit for your business or goals. If you as the Client believe you may be in need of coaching, attention, or treatment that falls outside what’s included within the Program, or are not certain With Honors is right for you, please contact the relevant professional to assist with your needs.
Limitation of Liability.
IN NO EVENT SHALL WITH HONORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT WITH HONORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL WITH HONOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF (I) THE AGGREGATE AMOUNTS PAID BY YOU TO WITH HONORS OR (II) ONE HUNDRED ($100.00) DOLLARS.
Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you.
Intellectual Property. The Program, including any copyrightable materials, including but not limited to videos, photos, images, graphics, designs, documents, charts, graphs, handouts, worksheets, logos, button icons, text, instructions, audio clips, and digital downloads, trade names and symbols, inventions and ideas, and other data and materials are the property With Honors or its licensors and constitute copyrights, trademarks, patents, trade secrets, and other intellectual property rights of With Honors or its licensors under U.S. and foreign laws and international conventions.
You are prohibited from using any Intellectual Property including the trademark displayed through the Program, including “With Honors”, for any purpose including, but not limited to, use as meta tags on other pages or websites on the World Wide Web, without the written permission of With Honors or such third party which may own the Intellectual Property.
If any violation is discovered or suspected by you, With Honors reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any materials Client may have purchased, without refund, and reserves the right to prosecute any actionable infringement or misuse to the full extent of the law.
Client agrees at all times to defend, fully indemnify and hold With Honors, it’s owners, employees, contractors, and any affiliates, agents, team members, contractors, experts, or other parties associated with With Honors harmless (including reasonable attorneys fees and costs) from any causes of action, damages, losses, costs, or expenses incurred as a result of Client’s participation or access to the Program or Website, as well as any third-party claims of any kind (including reasonable attorney’s fees and costs) arising from his/her actions as a direct or indirect result of using the Program or Website. Should With Honors be required to defend itself in any action directly or indirectly involving Client, or an action where With Honors decides Client’s participation or assistance would benefit With Honor’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by With Honors, free of charge.
Arbitration/Class Action Waiver
Agreement to Arbitrate.
Class Action Waiver. The Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the Parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Litigation of Small Claims Court Claims. Notwithstanding the Parties’ decision to resolve all disputes through arbitration, either Party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Thirty Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth this Agreement by sending written notice of your decision to opt-out to the mailing address set forth below. The notice must be sent within thirty (30) days of your first access to the Program, otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Program or Website.
This Agreement shall be governed by and under control of the laws of California regardless of conflict of law principles, and regardless of location of Client. The courts of Los Angeles County, California shall have exclusive jurisdiction to adjudicate any Dispute arising under or in connection with this Agreement that is not subject to the Arbitration section above.
With Honors shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond With Honors’s reasonable control, including, without limitation, any “act of god”, act of government, flood, fire, civil unrest, act of terror, strike or other labor problem, computer attacks or malicious acts, mechanical, electronic or communications failure or degradation, pandemic, or any other cause whatsoever, which is beyond our reasonable control (“Force Majeure Event”). Without limiting the foregoing, we shall have no obligation or liability to provide the Program if we are unable to do so, in our sole discretion, due to a Force Majeure Event. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
Last updated: February 26, 2021