Terms & Conditions
No Glass Ceiling, Inc.
PLEASE NOTE THAT THIS AGREEMENT HAS SPECIFIC TERMS REGARDING EU/EEA/UK RIGHTS OF WITHDRAWAL. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE WITH THIS AGREEMENT, DO NOT ACKNOWLEDGE THESE TERMS NOR ACCESS COMPANY’S WEBSITE OR CONTENT.
The following Terms of Use are entered into by and between You and No Glass Ceiling, Inc. (“Company”, “we”, or “us”).
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of No Glass Ceiling, Inc. PowerhouseCEO.com, including any content, functionality and services offered on or through PowerhouseCEO.com (the “Website”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website or Programs.
Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any No Glass Ceiling, Inc. digital or downloadable resources, online course, one-on-one or group coaching, class, program, pre-enrollment promotional program or offer, workshop, or training, video, member portal(s), enter any online private forums operated by No Glass Ceiling, Inc. (for any purpose), whether on a website https://noglassceiling.com or hosted by No Glass Ceiling, Inc., including https://powerhouseceo.com (“Website”), or a third-party website such as an online course platform or Facebook.com, participate in any workshop or challenge; attend any live (in-person) or virtual event hosted or promoted by No Glass Ceiling, Inc.; and/or purchase or take part in any future service or activity offered by No Glass Ceiling, Inc., whether now known or unknown (collectively the “Program”).
The Website and Program(s) are offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Program(s).
If you do not agree with these TOU, you may not use the Program or Website.
As used in these TOU, the term “Releases” is defined to include the following: (i) No Glass Ceiling, Inc., its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors, and assigns (collectively, the “Company”); (ii) any Company volunteers; and (iii) Kelly Fidel.
The Program
As part of the Program you select at checkout, you will receive the services outlined on the web page where you registered. The Company reserves, in its sole right and discretion, the right to adjust the Program, including the services and/or pricing at any time. Except as otherwise expressly provided for in these TOU, any modification to the Program will take effect following notice to you.
If you register for the Program, you understand and agree that you may be coached by Kelly Fidel, guest coaches, and/or your peers that are also participating in the Program. In the event Kelly Fidel is not in attendance for a group meeting for any reason including, but not limited to, illness, injury, or any other unforeseen circumstance(s), the Company may, in its sole right and discretion, designate a qualified host of Company’s choosing to carry out the meeting.
Please note that if you disagree with the Company’s designated choice of host in the event Kelly Fidel is unavailable for the Program meeting, no grounds to receive a refund will be created, and any request for a refund on this basis shall be denied.
Early Enrollment | Promotional Offers
From time to time, the Company may offer participants promotional pricing, early enrollment, and early access to specific services outlined on the Website, for a temporary period of time (“Promotional Offer”).
If you accept the Promotional Offer by taking the required steps (i.e., submitting a Program application and making the required payment) then you agree that these TOU will apply to the Promotional Offer unless otherwise detailed on the webpage where the services of the Promotional Offer are outlined. Please note that you are subject to any additional terms set out for the Promotional Offer, whether said additional terms are outlined on the Website or otherwise (i.e., email), and those additional terms shall be incorporated into this TOU.
Promotional Offer information, including application details and payment instructions will also be detailed and outlined on the Website when registering for the specific Program(s) offered under the Promotional Offer.
Application Process and Fees
a. Open Enrollment: In order to participate in the Company’s Powerhouse CEO Mastermind programs, you must complete and submit an application, and pay an application fee (“Application Fee”) as follows during the open enrollment period:
- Powerhouse CEO Mastermind: In order to participate in the Powerhouse CEO Mastermind, you must complete and submit an application, along with a One Thousand Dollar (USD $1,000.00) Application Fee. In the event you are not accepted into this program, the Company will issue you a refund of your Application Fee, further detailed in Paragraph 6 of these TOU. If you are accepted into this program, the balance of the program fee will be due immediately.
b. Early Enrollment/Promotional Period: You acknowledge and agree that if you enroll in the Company’s Powerhouse CEO Mastermind programs during an early enrollment or promotional period, you must complete and submit an application. In lieu of an application fee, the Company may instead require you to provide your credit card information. If you are accepted into the Powerhouse CEO Mastermind, you give the Company permission to automatically charge Five Thousand Dollars (USD $5,000.00) to the credit card you provide on the date of your acceptance, unless the Company notifies you otherwise or you request to pay your program fee in full, in which case you give the Company permission to automatically charge the credit card or via ACH that you provide for the full cost of this program. If you are accepted into this program, any balance of the program fee will be due immediately.
You agree that all of the information submitted on your application will be accurate, correct and up to date. Applications will be evaluated by the Company, and the Company reserves the right to deny entrance into the Program to any applicant that is deemed unqualified for any reason, at the Company’s sole and absolute discretion.
Payment
You agree to the fees and payment schedule for the Program you selected at checkout.
If paying by debit card or credit card or ACH, you give the Company permission to automatically charge your credit or debit card or draft your bank account for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
Unless stated otherwise, payment in full is required before you are permitted to participate in any Program. If payment is not received when due, the Company reserves the right to terminate your access to the Program and all Content immediately and permanently.
Regarding Promotional Offers, if you are late on payments, Company will immediately revoke your access to the member portal however, Company will grant you access to the member portal again if you pay all delinquent payments before the Program’s live event.
If you fail to make any payment in a timely manner (on the date in which payment is due) or voluntarily withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you have chosen, unless otherwise mentioned within these TOU. The Company reserves the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
Refunds
There are no refunds and no chargebacks. Your satisfaction with Powerhouse CEO Programs, Courses, Digital Products, and Services is of utmost importance to the Company. Once the Program in which you have enrolled begins, you will have three (3) days from the date of payment receipt and enrollment in the program in which to withdraw from the Program and request a refund. There is a $200 administrative fee for merchant processing et al that will be deducted from your total refund.
You understand and acknowledge that, because of the extensive time, effort, preparation, and care that goes into creating and/or providing our CEO Programs, Courses, Digital Products, and Services, we are unable to honor any requests for a refund of any portion of your payment (including Application Fees) for any part of our CEO Program Programs, Courses, Digital Products, and Services beyond that date.
The Company’s refund policies are specific; you acknowledge that your sale is final. There are no refunds and no chargebacks. These TOUs are legal and binding.
The Company’s refund policies for the digital products and/or programs are outlined below:
a. Refund Policy for any digital program or course: If you enrolled in any of the Company’s program(s) et al, to request a refund of this program, you must email the Company at [email protected] within 3 days (72 hours) from the date of enrollment and payment receipt in the program in which to withdraw from the Program and request a refund or you will not be issued a refund.
In all other cases, you will not be granted a refund. And, you acknowledge that the Company does not offer refunds.
Upon determining that you are to be issued a refund, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
Upon receiving your requested refund, you understand and agree that you will not be able to participate in any Company Program or digital product(s) in the future.
b. Refund policies: In the event you are not accepted into the Company’s Powerhouse Mastermind, the Company will issue you a full refund of your Application Fee for that program, unless otherwise stated within this TOU. The Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
If you are accepted into the Company’s Powerhouse CEO Mastermind Program, you will not be eligible for a refund of your Application Fee. And, you acknowledge that the Company does not offer refunds.
Because of the extensive time, effort, preparation, and care that goes into creating and providing the program, the Company has a no refund policy for this program. And, you acknowledge that the Company does not offer refunds for any portion of your payment for the Powerhouse CEO Mastermind, including the Application Fee, and no refunds will be provided to you at any time. By using and/or purchasing this program, you understand and agree that all sales are final, and there are no refunds and no chargebacks.
c. Refund Policies for Promotional Offers: If you're enrolled in any Program through a Promotional Offer, whether there are payments that you’ve missed or if you’ve opted for monthly payments to participate in the Promotional Offer, all monthly payments are nonrefundable. All live events held as part of any course, program and/or Powerhouse CEO Mastermind must be current and in good standing. Participants are required to make payment towards any delinquent, outstanding or monthly payment(s) missed to bring the account current and in good standing to attend any mastermind and/or event.
If you are located outside of the United States, the Company agrees to provide a cooling-off period and will honor your right of withdrawal as required by law.
Any deviation by the Company from these policies, as determined in the Company’s sole discretion, does not constitute a waiver of these policies and you will not be entitled to a refund on that basis.
Furthermore, if a participant violates these TOU, the Company reserves the right, in its sole discretion, to terminate your access and participation in the Program without notice and without refund.
Since we have a clear and explicit No Refund Policy in these TOU that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase, or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make payment for the amount of the chargeback
Intellectual Property Rights
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Use.
As a condition of your use of the program Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.
The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
a. Digital Program: Lifetime Access to Content and materials in Program
You are granted limited lifetime access to any digital Program materials and content within the Program(s), for the life of the Program only.
This means you will have access to any Program materials found within the Program, provided your account is in good standing, for as long as the Company continues to host and provide access to the Content you have purchased.
Please note that Company, in its sole right and discretion, may temporarily suspend or terminate your lifetime access in the Program at any time, without providing notice to you, if in Company’s discretion you have violated these TOU in any way.
b. Recorded Coaching Calls and Live Events
The Company’s coaching calls and live events will be recorded and may be made available to Program participants.
However, at the Company’s sole right and discretion, the Company may refuse to present or provide any Program participant with the live coaching call and live event recordings. Company’s potential changes referenced above do not pose as grounds for a participant to receive a refund and any request for a refund on this basis will be denied.
Recorded live coaching calls and live event recordings are considered Content and therefore, may not be downloaded, shared, displayed, distributed, copied, sold, duplicated, reproduced, used, or republished.
c. Unauthorized Use
Your use of any materials found in Program or Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages in the event of your Unauthorized Use, in addition to any legal or equitable remedies the Company may be entitled to pursue.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in this TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
d. Your License to the Company; Use in Testimonials and Marketing.
By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to the Company that you are the owner of all such materials, and you are at least eighteen (18) years old. You are also granting the Company, and anyone authorized by the Company, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting the Company the right to make it part of the Company’s current or future Program and Content. This right includes granting the Company proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by the Company to you. You acknowledge that the Company has the right but not the obligation to use any contributions from you and that the Company may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.
You also grant the Company, and anyone authorized by the Company, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos, or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.
This means you give the Company permission to use anything you submit or post in the Program or any third-party forum or website operated by the Company, or anything captured by you or the Company during your participation in the Program, including images in which your face is visible and recognizable or your full name.
Your Conduct, Termination & Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
The Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Program participants on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask Program participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You agree you will not invite Program participants to participate in events, such as a meetup, seminar, mastermind, or program, without first receiving approval from the Company. You agree not to market, promote, or sell products or services such as coaching services and/or programs, coaching masterminds, online programs, live-events, or other products or services to Program participants, unless you are authorized or requested to do so by the Company.
You also agree that during your participation and access to the Company’s digital products, courses, the CEO Collective and/or Powerhouse CEO Mastermind Program, and for a period of one (1) year thereafter, you will not directly or indirectly own, manage, control, participate in, consult with, render services for, or in any other manner engage in any business, or invest in or lend money to any past or current Powerhouse CEO Mastermind Program participants and/or their businesses, which constitutes or is competitive (including, without limitation, by competing for the same customer or client base) with any business conducted by Company. This provision of these TOU shall survive the termination of this TOU.
Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.
You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory, or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
You are strictly forbidden from the following:
- Harassing, fighting with, or being disrespectful to the Company or other Program participants
- Causing damage to any Company website or third-party forums operated by the Company
- Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent, or harmful purpose or activity
- Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
- Using any Company website or third-party forums operated by the Company to transmit, send, or deliver unsolicited communications or for other marketing or advertising purposes
- Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
- Using any Company website or private membership forum or third-party forums operated by Company, to take pictures and/or screenshots of comments, posts, pictures, materials, or any other content posted and/or shared by Company and/ or participants without receiving their advance permission
- Sharing any private and proprietary information, screen shots, comments, posts, pictures, materials, or any other content posted and/or shared from other participants, with the public or with anyone who is not a participant on or in any Company website, private membership or third-party forums operated by Company.
- Discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels
If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Program and your access to the Content without refund.
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
Community Guidelines
The Company has created a community that is a safe and judgment-free space for connection, conversation, learning, and growth. Within the Company’s community is the baseline expectation that all participants will treat one another with respect while bringing encouragement and consideration to all participants.
The Company’s community guidelines are as follows:
A. The Company’s Program promotes diversity amongst its participants. Therefore, the Company encourages all participants to connect with one another and to learn about one another’s background, interests, hobbies, and points of view. The Company does not tolerate nor support any participant’s discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.
B. The Company does its best to create a safe and welcoming space for all participants. However, Company cannot guarantee that all participants will follow these guidelines. Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, the Company does not have a duty to review all comments, posts, content and materials shared within the Program. Therefore, the Company shall not be held liable for any participant’s comments, actions, posts, content, or materials that result in another participant’s trauma or discomfort.
C. The Company has created a safe space for all participants to feel seen, respected and heard. Company encourages participants to engage in respectful dialogue with one another. The Company does not support nor tolerate any disrespectful actions or comments, which include, but are not limited to, hate speech, discriminatory comments, physical, or mental or emotional abuse. Therefore, each participant must demonstrate respect towards one another.
D. Participants must support each other with words of encouragement, resources, or suggestions, while respecting each participant’s boundaries.
E. The Company reserves the right to offer additional program elements from time to time, for any subgroup of participants. These additional program elements are a bonus, not a part of the services included in the base services of the Program. The selection of the participants who may participate in any additional program elements is at the sole discretion of the Company.
The Company may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website (such as Facebook.com), which may be updated from time to time. You agree that you are bound by those rules, and they are expressly incorporated into these TOU.
Account Security
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
To access certain features of the Program, including any private membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current, and complete information about yourself.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information
If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.
We have the right to disable any user name, password or another identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
No Guarantees
As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
The Program and Content provide information and education only, and do not provide any financial, legal, medical, or psychological services or advice. None of the Program or Content prevents, cures, or treats any mental or medical condition. The Program and Content are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental, and emotional well-being, decisions, choices, actions, and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.
Earnings and Results Disclaimer. You agree that the Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results and earnings differ for each individual.
Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products, or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.
Limits of Liability
You agree to absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and/or the resources you may download from this website. You agree that the company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website.
The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or its suppliers may make improvements and/or changes in the website at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website.
Indemnification
You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but without limitation to attorney’s fees) arising from or in connection with: (i) your use of the Program or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available in the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
You expressly agree that these TOU are intended to be as broad and inclusive as permitted by the law of the State of California. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
Entire Agreement
Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any 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. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
By clicking on the box when signing up for any Program or Course, you are providing the electronic equivalent of your signature and assert that you have read, understood, and agreed to this entire document. If you do not agree with these TOU, do not purchase or use the Program or Content.
CONTACT US
If you have any questions or comments regarding these terms, please contact us.
No Glass Ceiling, Inc.
26741 Portola Pkwy, Suite 1E474
Foothill Ranch, CA, 92610 United States
Email Address: support[at]kellyfidel.com
Effective as of December 1, 2024