AND CONDITIONS OF SALE
PAYING FOR A PROGRAM, COURSE, OR SERVICE EITHER IN PARTIAL OR IN FULL, YOU
AGREE TO THE TERMS BELOW:
You irrevocably agree to enter into this The Modern Mr. and Mrs. LLC Agreement with The Modern Mr. and Mrs. LLC (the “Company” or “we/us”) and Savannah Esposito (the “Coach”), then this Participant Agreement (the “Agreement”) automatically becomes a binding contract between you and the Company, and applies to your participation in the program. By paying for this service, course, or program, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Client understands that they are 100% responsible for his/her own progress and results. Client understands that they are the one element over which Coach or Company has no control and therefore Client understands that their results are not guaranteed. Client commits to full participation in the Program and understands that nothing is guaranteed in business and that the Coach will do their best work possible, but at the end of the day, it’s up to the client to do the work. You acknowledge that individual results may vary based on your personal efforts as well as other external factors. Savannah Esposito does not guarantee a particular outcome, and is not liable for any loss, damage, external factors or other expense which you may suffer as a result of using the services of The Modern Mr. and Mrs. LLC.
We respect your privacy and must insist that you respect the
privacy of fellow Program participants. You agree not to violate the publicity
or privacy rights of any Program participant. We respect your confidentiality
and proprietary information, ideas, plan and trade secrets (collectively,
“Confidential Information”) and must insist that you respect the same fellow
rights of fellow Program participants and of the Coach and the Company.
You agree (1) not to infringe any Program participant’s or the
Company’s copyright, patent, trademark, trade secret or other intellectual
property rights, (2) that any Confidential Information shared by Program
participants or any representative of the Company is confidential and
proprietary, and belongs solely and exclusively to the participant who
discloses it or the Company, (3) you agree not to disclose such information to
any other person or use it in any manner other than in discussion with other
Program participants during Program sessions. By paying for the program, you
further agree that (4) all materials and information provided to you by the
Company are its confidential and proprietary intellectual property, belong
solely and exclusively to the Company and may only be used by you as
authorized by the Company, and (5) the reproduction, distribution and sales of
these materials by anyone but the Company is strictly prohibited. Further, you
agree that, if you violate, or display any likelihood or violating, any of your
agreements contained in this paragraph, the Company and/ or other Program
participant(s) will be entitled to injunctive relief to prohibit any such
violations to protect against the harm of such violations.
You authorize the company to charge your credit card or debit card
(through PayPal or Square): All prices are in USD.
Skipped or canceled payments will result in an immediate
removal from the Program until payment has been made or new payment
arrangements have been mutually agreed upon by you and Savannah Esposito. Time
lost will not be made-up.
You are responsible for full payment of fees for the entire
Program, regardless of whether you complete the Program, are able to complete
the program, regardless of circumstance, and regardless of whether you have
selected a lump sum or monthly payment plan. In the event of a defaulted
payment, we will contact you via email to reinstate the payment plan or invoice
for a lump sum. In the event of 3 non-responsive emails, all accounts will be
sent to an international collections agency for collection.
REFUNDS, RESCHEDULE, CANCELLATION
All Mod Coaching Programs Refund Policy:
Our ‘no questions asked guarantee’ means that if after the first initial session you’re not entirely thrilled, we’ll refund you. You may request a refund within up to 24 hours after the first session ends. If you do not ask in that time period, there are no refunds.
All Mod Coaching Programs Reschedule/Cancellation Policy:
SPONSORED POST PAYMENT
USE OF THE SITE AND PROGRAM
To access or use www.themodernmrandmrs.com or the program specific Facebook Group (the “Site”), you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Program related to business and life coaching and other information
You may use the Site and Program for lawful purposes only. You
agree to be financially responsible for all purchases made by you or someone
acting on your behalf through the Site. 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
offence, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICES
The Program is offered subject to our acceptance of your order or
requests. We reserve the right to refuse service to 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 our previous responsibilities to you based on acceptance of your
We will email you to confirm the placement of your order and with
details concerning product delivery. In the event that there is an error in
this email confirmation, it is your responsibility to inform us as soon as
We endeavor to describe and display the Program as accurately as
possible. While we try to be as clear as possible in explaining the Program,
please do not accept that the Site is entirely accurate, current, or
error-free. From time to time we may correct errors in pricing and
descriptions. We reserve the right to refuse or cancel any order with an
incorrect price listing.
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
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Savannah Esposito and The Modern Mr. and Mrs. LLC. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Program.
OUR INTELLECTUAL PROPERTY
The Site and Program contain intellectual property owned by Savannah Esposito and The Modern Mr. and Mrs. LLC including trademarks, copyrights, proprietary information, and other intellectual property. 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 the Site or Program content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Program, without refund, if you are caught violating this intellectual property policy.
We may at any time amend these Terms and Conditions. Such
amendments are effective immediately upon notice to you by us emailing the new
Terms and Conditions. Any use of the Site or Program by you after being
notified means you accept these amendments. We reserve the right to update any
portion of our Site and Program, including these Terms and Conditions, at any
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or Program. Additionally, Savannah Esposito and/ or The Modern Mr. and Mrs. LLC is not liable for damages in connection with (I) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (II) loss of revenue, anticipated profits, business savings, goodwill or data; and (III)
THIRD PARTY RESOURCES
The Site and the Program may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Savannah Esposito and The Modern Mr. and Mrs. LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and
all losses, damages, settlements, liabilities, costs, charges, assessments, and
expenses, as well as third party claims and causes of action, including,
without limitation, attorney’s fees, arising out of any breach by you of any of
these Terms and Conditions, or any use by you of the Site or Program. You shall
provide us with such assistance, without charge, as we may request in connection
with any such defense, including, without limitation, providing us with such
information, documents, records, and reasonable access to you, as we deem
necessary. You shall not settle any third-party claim or waive any defence
without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this
Agreement 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 Savannah Esposito and The Modern Mr. and Mrs. LLC pertaining to the Site and Program and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Savannah Esposito and The Modern Mr.and Mrs. LLC 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 Savannah Esposito and The Modern Mr. and Mrs. LLC.
All notices, requests, demands, and other communications under
this Agreement shall be in writing.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed
by, the laws of Connecticut as applied to contracts that are executed and
performed entirely in Connecticut. The exclusive venue for any arbitration or
court proceeding based on or arising out of this Agreement shall be Connecticut,
United States of America. The parties agree to attempt to resolve any dispute,
claim, or controversy arising out of or relating to this Agreement by
mediation, which shall be conducted under the then current mediation procedures
of The CPR Institute for Conflict Prevention & Resolution or any other
procedure upon which the parties may agree. The parties further agree that
their respective good faith participation in mediation is a condition precedent
to pursuing any other available legal or equitable remedy, including
litigation, arbitration, or other dispute resolution procedures.
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 attorney’s fees and other costs
incurred in that action or proceeding, in addition to any other relief to which
it or they may be entitled.
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
These Terms and Conditions bind and inure to the benefit of the
parties’ successors and assigns. These Terms and Conditions are not assignable,
delegable, sub-licensable, or otherwise transferable by you. Any transfer,
assignment, delegation, or sublicense by you is invalid.
PAYING FOR THE PROGRAM EITHER IN PARTIAL OR IN FULL, YOU AGREE TO THE TERMS