By signing this form, I give Nancy Sharp, LLC permission to debit my account for the amount indicated on or after the indicated date. This is permission for payment as indicated below for Nancy Sharp, LLC and does not provide authorization for any additional unrelated debits or credits to my account, unless otherwise noted. Upon receiving this authorization form, you will forward a welcome email with detailed information on the Resilient Leadership program.
I authorize Nancy Sharp, LLC to charge the credit card indicated in this authorization form according to the terms outlined above. I certify that I am an authorized user of this credit card and that I will not dispute the payment with my credit card company; so long as the transaction corresponds to the terms indicated in this form.
waiver and release of liability
This Course Agreement ("Agreement") is made between Nancy Sharp, LLC, a Colorado limited liability company ("Course Provider") and you, as a participant in the Course (those terms are defined below), effective as of the date of your acceptance of this Agreement.
This Agreement also governs use of all pages and screens in connection with the Course (collectively referred to as "Course"), and all services which Course Provider or the Course provides ("Services") and/or on the Course Provider's website ("Website").
As of the date of this Agreement, the Website is: https://academy.nancysharp.net/resilient-leadership-women-attorneys
- A) The parties to this Agreement are defined as follows:
- I) "Course Provider", "us", "we": Course Provider, as the creator, operator, and publisher of the Course, is responsible for providing the Course publicly. Course Provider, us, we (and other first-person pronouns, such as 'our' and 'ours') also refer to the Course Provider, as well as (if applicable) all employees, agents and affiliates of the Course Provider.
- II) "You", the "user", the "participant": You, as the participant in the Course and user of the Website, will be referred to throughout this Agreement with second-person pronouns such as "you", "your", "yours", or as "user" or "participant".
III) "Parties": Collectively, the parties to this Agreement (Course Provider and you).
- B) The Course details are as follows:
- I) Course Name: Resilient Leadership for Women Attorneys: Stay in the Game, You’ve Earned It!
- II) Course Description: an online course & training program designed to help senior women attorneys identify and push beyond challenges that are keeping them from reaching even higher goals. Each module and lesson will contain tips and tools to boost your confidence and skills in becoming more resilient. You will also receive access to numerous templates and worksheets.
III) Total Course Fees ("Fees"): Fees shall be as described on the Website on the date of purchase.
- IV) Course URL: https://academy.nancysharp.net/offers/dmHzGrjE/checkout
- V) Course Dates: The Course will begin on the date of purchase. You will have full access to the online course and all course Materials for one year following the date of purchase.
By purchasing and participating in the Course, you acknowledge and agree that you have read and reviewed this Agreement and that you are bound by it. If you do not agree to be bound by this Agreement, please immediately cease your participation in the Course. If you do so after purchase, you will not be entitled to any refund. Course Provider only agrees to provide the Course to you if you assent to this Agreement.
- AGE RESTRICTION:
You must be at least 18 (eighteen) years of age to use the Website, participate in the Course or access any Services. By participating in the Course, you represent and warrant that you are at least 18 years of age and may legally enter into and by bound by this Agreement. Course Provider assumes no responsibility or liability for any misrepresentation of your age.
- LIMITED LICENSE TO USE WEBSITE & ACCESS COURSE MATERIALS:
We may provide you with certain information as a result of your accessing the Course through the Website. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Course ("Materials"). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the Course and your use of the Website. The Materials may not be used for any other purpose, and this license terminates upon your completion of the Course, your cessation of use of the Course or the Website, or upon termination of this Agreement.
- COURSE TERMS:
After purchasing and registering for the Course, you will have immediate access to all course Materials. While there is no required completion date for the Course, you are expected to complete the Course within 180 days from the date of purchase. Your access to the Course and Materials will expire one year following the date of purchase, regardless of your progress in the Course and whether or not you have completed the Course.
The Course and any accompanying Materials may not be shared with any party. If we suspect that the Course or Materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Course, in our sole and exclusive discretion, without refund of any monies paid for the Course.
We do not offer any promises or guarantees with regard to our Course or Course Materials. You hereby acknowledge and agree:
- A) You are solely and exclusively responsible for the choices that you make with regard to this Course, the Materials contained within it, or any significant changes to your business or life;
- B) You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;
- C) We are not liable for any result or non-result or any consequences which may come about due to your participation in the Course;
- INTELLECTUAL PROPERTY:
You agree that the Materials, the Course, the Website, and any other Services provided by the Course Provider are the sole property of the Course Provider, including all copyrights, trademarks, trade names, trade secrets, patents, and other intellectual property ("Company IP"). You agree that Course Provider owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Course Provider.
- CONTENT YOU POST:
Through your participation in the Course and your use of the Website, you may be permitted to post materials to the Course pages and other parts of the Website ("User Contributions"). User Contributions may include (but are not limited to) comments, reviews, and other posts. You hereby grant Course Provider a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of User Contributions you post. The Course Provider claims no further proprietary rights in your User Contributions.
You will also comply with the "Acceptable Use" provision of this Agreement for all User Contributions which you post, including (and especially) to not violate the intellectual property rights of any third party through your User Contributions.
If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.
- YOUR OBLIGATIONS:
As a participant in the Course, you will be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including (but not limited to) your name. You are responsible to ensure the accuracy of this information. This identifying information will enable you to participate in the Course. You must not share such identifying information with anyone, and if you discover that your identifying information has been compromised, you must notify us immediately in writing (email will suffice). You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.
The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the Course or the Website to further fraud or unlawful activity, are grounds for immediate termination of this Agreement.
As a participant in the Course, you will be expected to watch the Course videos and complete the worksheets and exercises spelled out throughout the Materials. However, we will not monitor your progress in the Course and you are solely responsible for completing all aspects of the Course. You agree that we will not be liable or responsible to you if you do not complete the Course or complete all Materials.
- PAYMENT & FEES:
Course Provider may, in its sole discretion, provide payment plans and/or discounts. In all cases, if payments are not fully made when due, you will lose your place in the Course, this Agreement will be terminated, and you will not receive any refund.
- ACCEPTABLE USE:
You will not use the Course or Website for any unlawful purpose or any purpose prohibited by this Agreement. You will not use the Course or Website in any way that could damage the Course, Website, Services, or general business of the Course Provider.
You further agree not to use the Course or Website:
- A) To harass, stalk, abuse, or threaten others, or otherwise violate any person's legal rights;
- B) To violate any intellectual property rights of the Course Provider or any third party;
- C) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- D) To perpetrate any fraud;
- E) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- F) To publish or distribute any obscene or defamatory material;
- G) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- H) To unlawfully gather information about others.
- AFFILIATE MARKETING & ADVERTISING:
We may engage in 'affiliate marketing' where we receive a commission on or percentage of the sale of goods or services on or through the Course and/or Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the U.S. Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
- NO LIABILITY:
The Course and Website are provided for informational purposes only. You acknowledge and agree that any information posted in the Course, provided in the Services, in the Materials, or on the Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your participation in the Course is at own risk. We do not assume responsibility or liability for any advice or other information given in the Course, the Services, in the Materials, or on the Website. You acknowledge that we cannot guarantee any results of the Course or Services as such outcomes are based on subjective factors, including without limitation your participation) that cannot be controlled by us.
- REVERSE ENGINEERING & SECURITY:
You shall not:
- A) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Course or Website;
- B) Violate the security of the Course or Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
- DATA LOSS:
We do not assume or accept responsibility for the security of your account or content. You agree that your participation in the Course or use of the Website is at your own risk.
- INDEMNIFICATION, RELEASE AND HOLD HARMLESS:
You agree to indemnify, defend and hold harmless the Course Provider, its agents, employees, affiliates, directors, shareholders, members, principals, officers and partners, from and against any and all claims, suits, demands, judgments, losses, damages, liabilities, costs and expenses (including court costs and attorneys' fees) which may arise from, relate to or in connection with your participation in the Course, your use or misuse of the Website or Materials, your breach of this Agreement, or your conduct, misconduct, actions or inactions. You agree that we may select our own legal counsel and may participate in our own defense, if we desire.
- ANTI-SPAM POLICY:
You are strictly prohibited from using the Course or Website for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
- MODIFICATION & VARIATION:
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
To the extent any provision is held ineffective or invalid by any court of law, you agree that all other terms, covenants and conditions of this Agreement shall be considered enforceable and valid to the fullest extent.
- ENTIRE AGREEMENT:
This Agreement constitutes the entire understanding between the Parties with respect to the Course. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral. There have been no other representations or promises by Course Provider outside of this Agreement.
- SERVICE INTERRUPTIONS:
We may need to interrupt your access to the Course to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Course and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
- TERM, TERMINATION & SUSPENSION:
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms of this Agreement, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
However, please be advised that if you terminate this Agreement, you shall not be entitled to a refund on any monies spent with us. Furthermore, if we terminate this Agreement because of a breach by you, you shall not be entitled to any refund (and such 'non-refund' is in addition to, and not in limitation of, all of our other rights and remedies (at law, equity or otherwise), none of which are waived.
- NO WARRANTIES:
YOU AGREE THAT YOUR PARTICIPATION IN THE COURSE AND YOUR USE OF THE WEBSITE IS AT YOUR SOLE AND EXCLUSIVE RISK, AND THAT ANY SERVICES PROVIDED BY US ARE ON AN "AS-IS, WHERE-IS" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY BY US. WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE IMPLIED WARRANTY OF MERCHANTABILITY. WE MAKE NO WARRANTIES THAT THE COURSE OR WEBSITE WILL MEET YOUR NEEDS OR THAT THE COURSE OR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE ALSO MAKE NO WARRANTIES AS TO THE RELIABILITY OR ACCURACY OF ANY INFORMATION IN THE COURSE OR ON THE WEBSITE. YOU AGREE THAT ANY DAMAGE THAT MAY OCCUR TO YOU, THROUGH YOUR COMPUTER SYSTEM, OR AS A RESULT OF LOSS OF YOUR DATA FROM YOUR PARTICIPATION IN THE COURSE OR YOUR USE OF THE WEBSITE, IS YOUR SOLE RESPONSIBILITY AND THAT WE ARE NOT LIABLE FOR ANY SUCH DAMAGE OR LOSS.
- LIMITATION ON LIABILITY:
WE ARE NOT LIABLE FOR ANY DAMAGES OR LIABILITIES THAT MAY OCCUR TO YOU AS A RESULT OF YOUR PARTICIPATION IN THE COURSE OR YOUR USE OF THE WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, AS NOTED ABOVE. THE MAXIMUM LIABILITY OF COURSE PROVIDER ARISING FROM OR RELATING TO THIS AGREEMENT IS LIMITED TO THE GREATER OF ONE HUNDRED ($100) US DOLLARS OR THE AMOUNT YOU PAID TO US IN THE PRIOR THREE (3) MONTHS. THIS SECTION APPLIES TO ANY AND ALL CLAIMS BY YOU, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUES, CONSEQUENTIAL OR PUNITIVE DAMAGES, NEGLIGENCE, STRICT LIABILITY, FRAUD, OR TORTS OF ANY KIND.
- GENERAL PROVISIONS:
- A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
- B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Course and your use of the Website, you agree that the laws of the State of Colorado shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following County and State: Arapahoe County, Colorado. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather, mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
- C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following County and State: Arapahoe County, Colorado. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the State of Colorado. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception, be litigated. The Parties waive any and all rights they may have to any claims to jury trial in any litigation as set forth above.
- D) ASSIGNMENT: You may not assign, sell, lease or otherwise transfer this Agreement, or the rights granted hereunder, in whole or in part. If we assign, sell, lease or otherwise transfer this Agreement, or the rights granted hereunder, in whole or in part, then this Agreement, and the rights and liabilities of Course Provider, will be binding and inure upon any of its assignees, administrators, successors, and executors.
- E) SEVERABILITY: If any part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
- F) NO WAIVER: If we do not enforce a provision of this Agreement, that shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part of this Agreement will not constitute a waiver of any other part.
- G) HEADINGS AND CAPTIONS FOR CONVENIENCE ONLY: Headings and captions are for convenience and organization only. Headings and captions shall not affect the meaning of any provisions of this Agreement.
- H) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
- I) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of god, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
- J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: [email protected].
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS DOCUMENT CONTAINS A RELEASE AND WAIVER OF LIABILITY AND I HEREBY AGREE TO IT VOLUNTARILY AND ON MY OWN FREE WILL.