Course Terms Of Purchase Cohort 3

HOW TO WORK LESS TERMS OF PURCHASE COHORT 3

Effective date: October 1, 2022

Thank you for enrolling in the How To Work Less Program (“Program”).

By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the Program for which these terms appear (the “Program”), you (hereinafter referred to as “you” or “Customer”) agree to be provided with the Program created by Richard Webster, (the “Creator”) in his capacity as owner of Work Less LLC (the “Company”), and you are executing a legally binding agreement with the Company, subject to the following terms and conditions:

1. INTRODUCTION

Work Less LLC (the “Company”) is a company that provides individuals and business owners with online courses and other educational materials.

The Company has created the How To Work Less Program (the “Program”) to educate Customers on how to create systems in their businesses to become more productive.

The Program is a 4-week program that includes live weekly sessions, pre-recorded videos, a private Program community, presentation slides, workbooks and/or other resources.

2. PROGRAM SPECIFICS

(a) The Program Includes –

• Weekly live group sessions
• Pre-recorded videos
• Private Community access created exclusively for Program Customers
• And may include presentation slides, workbooks and/or other resources to assist the Customer in better understanding the techniques and strategies discussed in the group.

There are four Package options to enroll in the Program: Essential, Premium, Executive and Upgrade. Customer has the option to select the preferred Package option at checkout and this Agreement will be bound by that selection as the term of this Agreement and shall be obligated to make all payments pursuant to Customer’s selection.

(b) Program Packages and Access –

• All Customers receive access to their Cohort of the Program for the lifetime of the Program’s availability. Levels of access are determined by the Package selected by the Customer upon purchase. Customer access activates immediately upon Program enrollment.
• All Premium Package Customers of these Cohort’s receive access to all replays of future Cohort’s in the Program.
• All Executive Package Customers of these Cohort’s receive live access to all future Cohort’s in the Program.
• All Upgrade Package Customers receive access to the upcoming Cohort of the Program for 12 months from Cohort start date. Customer access activates immediately upon Upgrade payment.
• Enrolling in the Program does not guarantee access to Bonuses other than the ones available upon time of enrollment, as certain bonuses are offered to Customers as paid add-ons that are subject to separate terms and conditions.
• Company reserves the right to substitute services equal to or comparable to the value of Program if reasonably required by the prevailing circumstances as determined exclusively by Company.
• This Program may be distributed by Company either directly or through a third-party platform. Company reserves the right to substitute services equal to or comparable to the value of Program if reasonably required by the prevailing circumstances as determined by Company.

3. TERM

The Term of the Agreement shall be for at least as long as the subscription package purchased by Customer, with the exception of Sections 4, 5, and 9 through 12, which shall survive the Term of this Agreement, and continue until either party terminates pursuant to the cancellation policy below.

4. PAYMENT & FEES

• Upon execution of this Agreement, Customer agrees to pay to the Company the full purchase amount for the Program (the “Program Fee”), regardless of what payment option Customer selects at checkout.

• Payment Plans –

If Customer selects a payment plan option, Customer agrees to pay all fees pursuant to the payment schedule outlined at checkout and selected by the Customer. A partial payment of one installment of the payment plan shall be treated as a commitment to pay the entire fee for the Program. By submitting a partial payment, Customer understands that they are contractually bound to make all payments in the timeline outlined at checkout.

Customer authorizes Company to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Customer selected at checkout, and Customer does not require separate authorization for each payment.

If any payments fail, Customer agrees to remedy the situation immediately (i.e., update Customer’s payment information, provide a new credit card, and/or make all past-due payments within five (5) business days) or else Customer forfeits his/her right to access the Program.

• Late Fees –

Company understands that, from time to time, there are issues with payment. All payments must be received by the Company within five (5) days of the due date for that installment. Any payments not received within five (5) days of their due date shall be subject to a late fee of ten percent (10%) of the monthly payment. Any payments not received within ten (10) days of their due date shall result in Customers breach of these terms and may result in removal of access to the Program or Customer may be blacklisted from other programs associated with the Company. Customer shall remain responsible to make all payments due and owing under this Agreement to Company in the event Customer’s access to the Program is revoked.

If Program access is revoked, the Customer may regain Program access and be removed from the blacklist if the Customer pays all late payments and late fees, this reinstatement is under the sole discretion of the Company and under such circumstances the Customer will not be eligible for a refund.

If Customer does not pay late payment and late fees the Company reserves the right to send Customer to collections for any outstanding monies due and owed under the Agreement. The Customer shall be liable for any costs Company incurs relating to collecting default payments, including but not limited to legal and administrative fees.

• Payment Plans and Pay-In-Full –

If Customer selects a payment plan and wishes to pay off the remaining account balance in full, Customer can do so at any time, but to be eligible for the discounted pay-in-full program price, the payment must be made within thirty (30) days of enrolling and before the next payment is automatically rebilled. A request to pay in full and claim the discounted pay-in-full price must be sent to [email protected]. The discounted pay-in-full price is subject to the discretion of the Company.

• Chargebacks –

The Customer shall not threaten or make any chargebacks to the Company’s account, cancel the credit card that is provided as security or issue an Unauthorized Transaction claim with a third-party such as PayPal without the Company’s prior written consent. Company reserves the right to collect any and all monies owed by Customer to Company for the Program, by any means necessary within the parameters of the law. The Customer shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, the Company reserves the right to report the incident to credit reporting agencies as a delinquent account.

In the event of a chargeback or payment cancellation, the Customer will be removed from the Program and blacklisted from future Programs or Programs by the Company. Customer can be removed from the blacklist under the sole discretion of the Company.

5. REFUND POLICY

The Company wants you, the Customer, to be 100% satisfied with the Program, but we also want to ensure that the Customer has given the Program a fair shot and has used their best effort to apply the methods and strategies.

The Customer has fifteen (15) days from the start date of the Program to request a complete refund. The refund request must be sent to [email protected]. After fifteen (15) days from the start date of the Program, there are no refunds, and the Customer remains responsible for all payments due under this Agreement. Following cancellation and refund, you will lose access to all information, workshops, group communities and other Program content.

All refunds are subject to the discretion of the Company.  

(a) Foreign Fees and Taxes –

Company will not be held accountable or liable to pay any foreign fees or additional fees that are outside Company’s control, including but not limited to foreign transaction fees charged by Customer’s bank, exchange rates, and VAT or local taxes.

6. TERMINATION

(a) Customer dissatisfaction with Company and/or Program mentor’s subjective teaching style, independent judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to Customer. Even if Customer does not complete all portions of the Program, Customer is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the Program at checkout and executing this Agreement.

(b) Company is committed to providing quality service to all Customers. However, from time to time, situations arise that require the Company to terminate the Agreement before the Term ends. As such, Company reserves the right to terminate the Agreement for cause at any time during the Agreement, which includes, but is not limited to: 1) Customer fails to follow Program guidelines; 2) Customer is abusive or harasses Company or other Customers of the Program; 3) Customer proves to be difficult to work with; 4) for any other legitimate business purposes in the best interest of the Company. If any of the above causes triggered the termination of the Agreement by the Company, the Customer is still liable to pay the entire cost of the Agreement.

7. DISCLAIMERS

(a) The Company is not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, business executive, or other agent of Customer’s business.

(b) Customer understands that the Program is created to help Customer learn new skills and assist Customer with finding their own direction. The Program may offer guidance regarding business or life decisions, but it is the responsibility of the Customer to make the final decision and choose the best option for themselves. Customer understands that the Program has been designed by Company for general educational and informational purposes only, with the goal of teaching Customer new skills and providing Customer with awareness of traditional business practices. Through the Program, the Company might provide guidance regarding business or life decisions, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision for his/herself.

Customer hereby acknowledges that Customer is solely responsible for the amount and type of income that Customer generates by implementing techniques and advice provided by Program. Customer also acknowledges that the Company cannot and does not guarantee that implementation of the Program will provide Customer with a lucrative business. Customer also agrees that he/she is solely responsible for any decision Customer makes and indemnifies Company from any liability regarding said decision.  By using Company’s services and purchasing this Program, Customer accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. Customer agrees that Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Program. Customer agrees that use of this Program is at Customer’s own risk.

(c) Customer hereby acknowledges that business and mindset coaching are subjective services and Company’s methods to provide this service may change in terms of style and/or technique. Company and/or Coach may use its personal judgment to provide the Program services to Customer, even if these methods do not follow strict adherence to Customer’s suggestions.

(d) This Program may include access to third-party content, provided as a courtesy. Company is not responsible or liable for any third-party content inside the Program.

(e) This Program does not include: 1) procuring business or potential Customers for Customer; 2) performing any business management services for Customer, such as accounting, operations, research, or development; 3) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 4) publicity, public relations and/or social media marketing services; 5) legal or financial advice; 6) introduction to Company’s professional network and business relationships; 7) 1:1 coaching or individual coaching; 8) unlimited feedback.

(f) Communication With Other Members –

Company shall not be held liable, either directly or indirectly, for Customer’s communication with any other student or third-party that may or may not be part of the Program. For instance, as part of the Program, the Company may encourage students to broaden their marketing message by collaborating with other third-parties. These are mere suggestions, and it is important to note that creating relationships and communicating with third-parties is the sole responsibility and at the sole discretion of the Customer. Company is not liable for the actions of those third-parties, nor is Company to be held responsible for any communications, conflicts, or damages that occur through Customer’s communication and/or collaboration with a third-party. While the Company will take reasonable measures to ensure there is no injurious communications inside the Program, it is the responsibility of all students to act with their own volition and discretion when communicating with others.

(g) Media Release –

Customer acknowledges that the Program records all live sessions. The Customer hereby releases to the Company the right to use the Customers name, image, and likeness for the limited purpose of providing recorded videos of the live sessions to those within the Program for perpetuity.

Customer also hereby releases any rights to edit or alter the content of the live session recordings after the date the video is released and published on the Program portal. In other words, the Customer shall not request, demand, or otherwise insist the Company remove, edit, unpublish, or otherwise alter the recorded live sessions after it is published, without prior written consent and approval from the Company. All requests to edit, remove or alter live session recordings are at the sole discretion of Company. All decisions regarding content publication are at the sole discretion of the Company.

8. CUSTOMER’S RESPONSIBILITIES

(a) The Program has been developed for educational purposes only. The Company has established its proprietary Program in order to educate and inspire Customer to pursue their personal and business goals. However, Customer hereby acknowledges that Company does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Program. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Program. Customer acknowledges that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain his/her goals by simply enrolling in the Program or utilizing the tools, resources, or advice provided therein.

Nevertheless, Customer acknowledges that they can optimize their potential results from the Program by adhering to the following:

• Thoughtful and meaningful participation in the weekly live sessions.
• Utilization of Company’s feedback within the Program.
• Utilization of the Program’s private community.
• Completion of all Program material, including assignments and worksheets if applicable.
• Committing to the Program.
• Taking 100% responsibility for Customer’s results, 100% of the time.

(b) Community Guidelines –

By participating in the Program and executing this Agreement, Customer hereby agrees to abide by all Company Program Community Guidelines, which are as follows:

• Treat others online as you would treat them in real life.
• Communicate with courtesy and respect.
• Do not use defamatory remarks or make false statements against others.
• Do not post prejudiced comments or profanity.
• No bullying, harassment, hate speech, spam, solicitation, etc.

(c) Zero Tolerance Policy –

Company employs a Zero Tolerance policy inside the Program as it pertains to harassment of Company representatives and/or other Customers inside the Program.

“Harassment” shall include, but is not limited to, abusive language (i.e., excessive cursing, threatening language, name-calling), volume of messages (i.e., demanding responses or sending back-to-back messages without awaiting a reasonable time to allow a response), unwanted communications (i.e., with other students through private channels or DMs), hate speech, intimidation, racial slurs, mocking others, displaying disgust towards others, and more.

If Customer or any other student harasses a Company member or other Customers or student inside the Program, Company will give one (1) warning to Customer or the student to modify their behavior. Thereafter, upon a second incident of Harassment, Company will immediately remove the Customer or student from the Program with no money back. Whether or not a customer or student is considered to harass another is at the sole interpretation of Company and will be a decision made based on the facts and evidence at-hand (i.e., writings, emails, screenshots, etc.).

(d) Disputes & Customer Support –

In the event that the Customer has any issue whatsoever with the Program, whether tech or substantive or otherwise, Customer hereby acknowledges they will raise that issue through private channels, as to not flood the student platform and/or community. Namely, Customer shall email its question or issue to [email protected].

9. NON-DISCLOSURE, CONFIDENTIALITY & NON-DISPARAGEMENT

(a) Confidential Information & Non-Disclosure –

Company takes pride in its proprietary information included in each Program. As such, Customer agrees and acknowledges all Confidential Information shared through this Program and by the Company is confidential, proprietary, and belongs exclusively to the Company.

“Confidential Information” includes, but is not limited to:

• Any systems, sequences, processes or steps shared with Customer;
• Any information disclosed in association with this Agreement;
• Any systems, sequences, processes, or trade secrets in connection with the Program or Company’s business practices.

(b) Group Container –

From time to time, Customers in the Program may share sensitive, personal, or otherwise confidential information. By participating in this Program, Customers understands and acknowledges this, and agrees to keep all information discussed as part of the Program (amongst other Program participants or Customers) confidential.

(c) Testimonials –

Company also agrees to protect Customer’s personally identifiable information. However, from time to time, Company may use general statements about Customer’s success for Testimonials as part of Company’s marketing strategy. By agreeing to these Terms, Customer agrees to Company sharing Customer’s success stories as Testimonials in any matter across any media at the sole discretion of Company.

Company may ask the Customer to provide Testimonials about the Company or the Membership, via video, audio, or written Testimonials. Both parties shall implement their best effort to protect Confidential Information from disclosure, misuses, misappropriation, loss, and theft.

Company may ask for a Testimonial about the Company or the Membership, by submitting a Testimonial, you agree that the Company may use and publish your name, voice, photograph, drawing or other likenesses of you and any descriptive, biographical, or other written materials you provide, and all associated rights of personality of publicity, in any manner that the Company may deem appropriate in connection with its use of your Testimonial. The Company may make reasonable edits or alterations to your Testimonial, provided that the meaning of your comments and statements is not substantially changed. You understand that the Company has no obligation to use your Testimonial, and that it’s use is at the sole discretion of the Company. You understand that you have received good consideration for this Testimonial and no additional compensation is due to you, and you will receive no compensation from the Company other than any goodwill and publicity that you may receive relating to the Company’s use of the Testimonial. You indemnify and hold harmless and release the Company, its officers, directors, agents and employees from all claims, demands, and liabilities of any kind arising out of or in connection with the Company’s use of the Testimonial, including, without limitation, claims based upon invasion of privacy, and appropriation of name or likeness, and defamation, or right of personality or publicity. You will not make any claim against Company for its use of the Testimonial.

(d) Non-Disparagement –

Customer agrees, during and/or after use of Program, to refrain from making any statements, whether oral or in writing, that negatively impact Company’s Program, business, services, programs, or reputation.

10. INTELLECTUAL PROPERTY & LIMITED LICENSE

(a) Intellectual Property –

This Program and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and within Company’s Programs include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, workbooks, videos, audio files, and all of our paid Programs (collectively referred to as “Intellectual Property”).

(b) Limited License –

Company grants only a limited, personal, non-exclusive, and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Customer, nor grant any right or license other than those stated in this Agreement. Customer acknowledges that their purchase of this Program is for their single individual use. Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any Programs or parts of the Program without prior written consent or unless provided otherwise.

If Customer is also a business owner or professional in a similar industry, Customer shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:

• Teaching Customer’s customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Customer’s own;
• Copying any of Company’s Program content and/or material for Customer’s commercial use;
• Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent.

(c) Infringement–

Upon Company’s suspicion that Customer has violated any of the above Intellectual Property restrictions, Customer’s access may be terminated by Company at any time.

The definition of suspicion includes but is not limited to: identification of Customers content that is based off of Company’s proprietary framework; identification of Customer content that is almost identical and/or confusingly similar to Company’s content; notice from third-party of confusingly similar content between Customer and Company.

In the event that the Company receives information from a third-party that a Customer has misappropriated or used any of the intellectual property belonging to the Company, the Company reserves the right to: immediately remove Customers access to the Program and any other programs created by the Company and investigate Customers usage of the Intellectual Property.

If it is found that the Customer violates any restrictions regarding Company’s Intellectual Property, the Customers limited license will automatically be revoked and terminated, the Customer will be blacklisted from any future programs or content belonging to Company, and the Customer must destroy any downloaded materials in Customer’s possession whether in electronic or printed format.

If it is found that the Customer violates any restrictions regarding Company’s Intellectual Property, the Company will seek all legal and equitable remedies against the Customer. The Customer will be required to cover all fees necessary to enforce these rights including but not limited to legal fees, administrative costs and funds spent on investigation.

In other words, if there is a breach of Intellectual Property, the Customer will be required to cover all fees necessary to enforce these rights. 

11. INDEMNIFICATION / LIMITATION OF LIABILITY

Customer hereby acknowledges that Company is not liable for any injuries that may arise from Customer’s actions, omissions, or decisions based off Customer’s participation in this Program, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Customer’s business decisions, any of Customer’s financial decisions. Customer hereby agrees to indemnify and hold harmless Company of any claims that may arise after use of this Program.

Customer hereby acknowledges that Company is not liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to view or use the materials or content in the Program, even if the Company has been notified orally or in writing of the possibility of such damage.

Access to this Program is currently through third-party platforms such as CircleCo, Inc.  (“Circle”), MeetButter ApS’s (“Butter”), Notion Labs Inc. (“Notion”), ”), Zoom Video Communications, Inc. (“Zoom”) and WebActix Ltd. (“Thrivecart”). Company is not liable for any limitation of access to the Program caused by Circle, Butter, Notion or Thrivecart or any other third-party used to assist Company with the delivery of this Program to Customer.

12. GENERAL

A. Entire Agreement –

This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.

B. Headings & Severability –

Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.

C. All Rights Reserved –

All rights not expressly granted in this Agreement are reserved by us.

D. Governing Law –

Company is located in the United States and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of Delaware. Subject to applicable law, the substantially prevailing party in any dispute litigation regarding any Disputes(s) will be entitled to recover reasonable legal fees and costs, including expert costs.

E. Arbitration –

If any dispute arises out of or related to a claimed breach of this Agreement or any other disagreement of any nature, type, or description regardless of the facts of the legal theories which may be involved, such dispute shall be resolved by binding arbitration by a single arbitrator in the State of Delaware. If the Company is deemed the successful party to the dispute, the Company will be entitled to costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which the Company may be entitled.

F. Jury and Class Action Waiver –

YOU WAIVE THE RIGHT TO A TRIAL BY JURY, TO PARTICIPATE IN A CLASS ACTION, OR TO SEEK REMEDIES BEYOND THE EXTENT NECESSARY TO PROVIDE INDIVIDUALIZED RELIEF. YOU AGREE NOT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED OR DE FACTO CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL OR ON BEHALF OF THE GENERAL PUBLIC.

G. Injunctive Relief –

Your breach of these Terms is likely to cause immediate and/or irreparable harm to the Company. As such, we may seek injunctive relief against you without the need to post bond.

H. Time Limitation –

Any Dispute(s) must be filed within two (2) years after the cause of action arose and you waive any statute of limitations to the contrary.

I. Waiver –

The failure by us to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by us must be expressly set out in writing.

J. Maximum Damages –

Customer agrees and acknowledges that the maximum amount of damages that Customer may be entitled to in any claim arising from this Agreement or Program shall not exceed the total cost of the Program.

K. Execution – Customer agrees to accept the above Agreement in its entirety when Customer checks the checkbox at the program checkout page and renders the first payment.