Terms & Conditions
TERMS AND CONDITIONS
FOR THE PURCHASE OF ONLINE WORKSHOPS, ONE-TIME CONSULTATIONS, VIP DAY, AND/OR EFFORTLESS OFFER EXPANSION
These terms and conditions apply to Services provided by Golden Achiever LLC, also known as Michelle Sheerin- Marketing Coach (hereafter, “MSMC,” “we,” or “us”).
You may contact us at hello@michellesheerin.com and or 616-256-0776
These terms and conditions are in addition to the Terms of Use and Privacy Policy and apply to the sale and purchase of any online workshop, taught course, VIP Day, and/or one-time consultation call. Please read the terms and conditions carefully before purchasing an online workshop, course, VIP day, or one-time consultation call. Please print a copy of these terms and conditions for your records. In the event you purchase a package for ongoing Services, a Services Agreement will be executed and those terms will apply.
For purchases via our website, by clicking on the “Pay Now” or “Pay with PayPal” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions, you must cease to continue to purchase any Services from us.
DEFINITIONS
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by MSMC, whether by way of information accompanying a course provided as part of the Services, or by way of information given in the one-time consultation call, whether given in hard copy or electronic form.
“Fees” means the fees paid by you to MSMC for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Workshop” means the delivery by us of a Workshop pursuant to which you learn course materials remotely.
“One-Time Consult” means the delivery by us of information or strategy advice by way of a phone call or video call within a specific and chosen time constraint.
“Services” means the provision of the Workshops, VIP day, Effortless Offer Expansion, other courses, Course Materials, One-Time Consults, and/or any materials disclosed during the One-Time Consult together with such other services as agreed from time to time and purchased by you through the Website, email, or by telephone.
“Website” means https://michellesheerin.com, https://michellesheerin.as.me, or https://portal.michellesheerin.com
“you” means the individual purchasing the Services.
SERVICES & FEES
A description of the Services, Fees, and the dates on which the Services will begin (if applicable) are available on our Website https://michellesheerin.com/services. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
We reserve the right to vary or withdraw any of the Services described on the Website without notice. We reserve the right to change the Fees associate with the Services at any time, without notice.
You agree that by on the “Accept” button, you are agreeing to purchase the Services selected above.
DISCLAIMER
No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be any of the following:
a diagnosis or treatment of a mental disorder as defined by the American Psychiatric Association
a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals
It is your exclusive responsibility to seek such independent professional guidance as needed.
We do not make any guarantee to you that you will obtain a particular result, professional qualification, or specific business opportunity/growth from your purchase and completion of any of the Services.
You are solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results. As such, you hereby agree that we are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services provided.
LIABILITY
Although MSMC aims to provide the Services to the highest standards of the industry, neither it, nor its coaches accept any liability for (i) any inaccuracy or misleading information provided in the Course Materials or One-Time Consults and any reliance by yourself on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of these terms and conditions.
Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. No implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
MSMC's total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Workshop or One-Time Consult in relation to which a dispute has arisen.
By clicking “Accept” below, you acknowledge and agree that you will not bring any, nor may any claim be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
INTELLECTUAL PROPERTY
All Intellectual Property Rights in the Course Materials, Workshops, One-Time Consults, and the information given by us during any of the same, are and remain, the intellectual property of MSMC or its licensors, whether adapted, written for or customized for yourself or not.
You are not authorized to: (i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission; record on video or audio tape, relay by videophone or other means the Workshop given or use the Course Materials in the provision of any other course or training whether given by us or any third party; remove any copyright or other notice of MSMC on the Course Materials; modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Workshops.
Breach by you of this clause shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Workshops.
In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive license to use the Course Materials and the software in respect of the Workshop for the sole purpose of completing the Workshop.
CONFIDENTIALITY
Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
This clause shall continue notwithstanding termination of these terms and conditions.
TERMINATION
We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
fail to pay when due your Fees;
act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of MSMC, any coach who attends or teaches at a Workshop, or any student who attends Workshop;
cheat or plagiarize any work which you prepare or submit in connection with the Services;
steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be attending a Workshop;
commit any criminal offence committed on our premises or where the victim is our employee or student;
are in breach of these terms and conditions.
On termination, the following provisions shall continue notwithstanding such termination: clause liability, intellectual property rights, confidentiality, restrictions.CANCELLATION POLICY
By clicking “Accept,” you agree that you are responsible for attending the Workshop and/or One-Time Consult selected on the date and at the time you selected. The Fee is nonrefundable. The Workshop and/or One-Time Consult is not reschedulable. If you fail to show up, or arrive more than 15 minutes late, your Fee will be forfeited.
ASSIGNMENT
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you. We als may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
ENTIRE AGREEMENT
These terms and conditions, together with the Terms of Use and Privacy Policy, or any other relevant terms and conditions provided on this Website, are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us.
FORCE MAJEURE
MSMC shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the coach’s family, illness of the coach, Government edict or regulation.
SEVERABILITY
If any provision of these terms and conditions shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER
The failure of MSMC to enforce any provision of these terms and conditions shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
APPLICABLE LAW
This Agreement shall be construed according to the laws of the State of Michigan without regard to conflict of laws provisions thereof. The parties hereby submit to the jurisdiction of the state and federal courts in Kent County, Michigan and agree that said courts have the sole and exclusive jurisdiction over any and all disputes and causes of action involving such party that arise out of or relate to this Agreement or its performance.
DATA PROTECTION
Please see our Privacy Policy.
BINDING EFFECT
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
If you have any questions about these Terms and Conditions, You can contact us:
By email: hello@michellesheerin.com