TERMS OF USE

We know… legal documents are *yawn* booooooring. That’s why we’ve made this one as easy to read as humanly possible, so that you + us are on the same page for mutual CYA purposes — you know, so both our A’s are C’d. 🍑

By using this website and/or by enrolling in our programs, you signify your consent to these Terms of Use. If you do not agree to these Terms of Use, don't use this website and don't enroll (see? told ya we'd keep it simple!) 

*Officially* Speaking: 

Your access to and use of this website, as well as all related websites operated by The EffortLESS Life® (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws.

By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by The EffortLESS Life®, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
   
   Proprietary podcasting formulas will be disclosed to PodLaunch® students inside the PodLaunch® program. The Company has requested and the Recipient agrees that the Recipient will protect the confidential material and information which may be disclosed between the Company and the Recipient.
   
   The Recipient understands and acknowledges that the Confidential Information has been developed or obtained by the Company by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of the Company which provides the Company with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the receipt by the Recipient of the Confidential Information, the Recipient agrees as follows: 
   • No Disclosure. The Recipient will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of the Company. 
   • No Copying/Modifying. The Recipient will not copy or modify any Confidential Information without the prior written consent of the Company.
   • Unauthorized Use. The Recipient shall promptly advise the Company if the Recipient becomes aware of any possible unauthorized disclosure or use of the Confidential Information.
   • Application to Employees. The Recipient shall not disclose any Confidential Information to any employees of the Recipient, except those employees who are required to have the Confidential Information in order to perform their job duties in connection with the limited purposes of this Agreement. Each permitted employee to whom Confidential Information is disclosed shall sign a nondisclosure agreement substantially the same as this Agreement at the request of the Company. 
   • Integrity. Clients agree to utilize all coaching calls included in the program within the timeframe specified upon enrollment. Any unused calls will be automatically forfeited, and cannot be carried forward or refunded.
2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use. 
3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “The EffortLESS Life®” or "PodLaunch®", are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify the Company at P.O. Box 462, Covington, Louisiana, 70434-0462. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
9. Neither the company nor any other party involved in creating, producing, or maintaining the site and/or any content on the site shall be liable under any circumstances for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the site. Without limiting the foregoing, all content on the site is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. The company does not warrant or make any representations regarding the use of the materials in the site, the results of the use of such materials, the suitability of such materials for any user’s needs or the likelihood that their use will meet any user’s expectations, or their correctness, accuracy, reliability, or correction. The company likewise does not warrant or make any representations or guarantees that you will earn any money using the site or the company’s technology or services. You accept all responsibility for evaluating your own earning potential as well as executing your own business and services. Your earning potential is entirely dependent on your own products, ideas, techniques; your execution of your business plan; the time you devote to the program, ideas and techniques offered and utilized; as well as your finances, your knowledge and your skill. Since these factors differ among all individuals, the company cannot and does not warrant or make any representations or guarantees regarding your success or income level. The company does not warrant that use of the materials will be uninterrupted or error free, that defects will be corrected, or that this site, the content, and/or the materials available on this site are free from bugs or viruses or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections. The company shall not be responsible for any performance or service problems caused by any third party website or third party service provider. Any such problem shall be governed solely by the agreement between you and that provider. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
10. The company shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and that provider. The company reserves the right to determine, in its sole discretion, whether the company is responsible for any such malfunction or disruption. The company also reserves the right to limit your use of the site and/or the content or to terminate your account should the company determine that you have violated these terms of use, or that you have violated any other rules or conditions of the company. The company reserves the right to refuse access to the site and/or the company’s content, products and/or services to anyone in its sole discretion. The company reserves the right to determine, in its sole discretion, whether the company is responsible for any such malfunction or disruption. The company shall refuse any refund thirty (30) days after your payment for use of the site and/or any content, either pursuant to the company’s customer license agreement or otherwise, regardless of the reason for disruption.
11. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the website and services provided herein. You also agree not to engage in any conduct that restricts or inhibits any other user from using or enjoying the website or services.
12. In no event shall the company be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the site, the content, and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if the company has been advised or is aware of the possibility of such damages.
13. The Company reserves the right to update or revise these Terms of Use at any time without prior notice. Any changes will be effective immediately upon posting on the website. By continuing to use the website after any revisions are made, you agree to be bound by the revised terms. It is your responsibility to review the Terms of Use periodically for any updates or changes.
14. The Company is committed to ensuring that its website and content are accessible to individuals with disabilities. If you encounter any accessibility barriers or have difficulty accessing the website or its content, please contact us at the following address: The EffortLESS Life® P.O. Box 462 Covington, Louisiana, 70434-0462
15. Payment Plan Adjustments, Pauses, & Failed Payment Policies: By selecting the payment plan you are agreeing to complete all of your payments, on time, and in full until you’ve fulfilled all of your monthly payments (6-month payment plan or 12-month payment plan). By selecting the payment plan you understand this is NOT a member subscription which you can cancel at any time. We fully reserve the right to require you to complete all of your payments, you receive the entire program and all of its resources upfront as an act in good faith from Courtney. 
    
    
    • Pay Off The Remainder Of Your Payment Plan Balance: You are welcome to pay off your payment plan entirely at any point in time. Simply email [email protected] and you will be taken care of. As you know there is a discount applied to those who paid in full. If you’d like to pay off your entire plan at the full rate you may do so within 90 days of purchase. If you want to pay off the balance of your payment plan after 90 days you will have to pay off your projected total amount. 
    • Pausing Your Payment Plan: Pausing a payment plan is a case-by-case basis. You must email in ([email protected]) explaining WHY you’d like to pause your payment plan. Keep in mind this is not a membership, therefore you do not have the option to turn off and turn on payments depending upon your financial situation. 
    • Adjusting Your Payment Plan: If you need a payment plan adjustment, please email [email protected] to adjust your payment date. We will allow payment dates to be changed within 14 days of your standard charge date. Please note that when adjusting payment plans, our company will take into account the 15% increased interest mark up for additional months added. 
    • Continued Failed Payments: If your payments continue to fail three subsequent months in a row, we reserve the right to remove you from any or all program resources. If you need a payment plan adjustment, refer to the Adjusting Your Payment Plan condition above to see your options as we would be happy to accommodate special situations. If we do not hear from you within 30 days of the initial failed payments, we reserve the right to remove you (even if temporarily) from PodLaunch and its resources. Kindly respond to email inquiries about why your payments are failing and when you plan to fulfill them to avoid this from happening. You cannot attend group calls when your payment has defaulted.
    • Agreement: I agree to make payments on the specified dates and the agreed amounts stated for The EffortLESS® Life brand under PodLaunch® course fees. I understand the consequences that will be brought against me if this contract is violated. The penalties include removal from the course and revocation of all course materials, removal from the private Facebook group and Slack channel, and forfeiting all live group calls. Upon default, I agree to pay any fees and costs that the Company may incur in collecting my balance owed as well as a competitive interest rate on the amount owed.
16. Refund Policy: We're committed to your success, which is why we have a 100% We-Won't-Let-You-Fail Guarantee in place. This ensures you receive the coaching, guidance, support, and accountability you need without worrying whether or not our methodology will work for you. Our Refund Policy is simple: Do the work. Get results. If you don't achieve results within the specified timeframe upon entering the program, we'll continue working with you for free for an additional six months until you do. To qualify for this guarantee, you must:
    
    
    1. Participate in all Live Coaching Calls and/or Live Events.
    2. Submit all required completed worksheets and assessments for review.
    3. Watch all program modules, lessons, and bonus content in their entirety (we'll verify).
    4. Demonstrate the specific steps you've taken to apply our methodology.
    5. Discuss with us the specific areas where you're not satisfied with your results.
17. The Company reserves the right to terminate or suspend your access to the website or services provided herein, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
18. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
19. Any dispute arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Jefferson Parish, Louisiana, before a single arbitrator. The arbitration shall be administered in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
20. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
21. This agreement shall be governed by and construed in accordance with the laws of the State of Louisiana, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts residing in Jefferson Parish, Louisiana. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
22. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.