Inner Circle Mastermind Terms & Conditions
Introduction
These Terms and Conditions (“Terms and Conditions”) govern your access to and use of various business coaching, training programs, and networking services provided by The Product Boss LLC ("we", "us", or "our"). The specific products and services to be provided by us to you are detailed on the applicable purchase page of The Product Boss website (the “Services”). By purchasing the Services, you agree to be bound by these Terms and Conditions, which form a binding contractual agreement between you as the purchaser and participant ("you" or “your”) and us. If you do not agree with these Terms and Conditions, you should leave our website or the applicable purchase page and discontinue use of the Services immediately.
Services. The Inner Circle Mastermind consists of two (2) coaching sessions with Jacqueline or expert coaches per month with the exception of In-Person Event months (each a “Session” and collectively the “Sessions”) and will contain other participants (the “Group”). Company will provide any upcoming call schedules in advance. You understand and agree that the dates and times of Sessions are subject to change at the Company’s sole discretion. Company commits to providing advanced notice of schedule changes, barring unforeseen circumstances or emergencies. But Company will provide prior notice for any schedule adjustments.
Two Virtual Group Coaching Calls with Jacqueline or Industry Expert each month.
One Coworking Power Hours led by your Mastermind Accountability Coach each month.
Access to industry experts (Social, Influencers, Paid Ads, Team, Operations, Finance and more)
In-Person Event: Meet in Sunny Los Angeles for a 2-Day event.
Curated Events: From engaging panel discussions to mini VIP days and special invite-only get-togethers.
1:1 Voice Coaching with me (Jacqueline): Members will receive Voxer Access for specific advice and guidance.
24/7 Support + Community:A dedicated, 24/7 exclusive Slack channel for members to ask questions and share resources between meetings.
The listing of benefits included in the Inner Circle Mastermind is at Company’s discretion. In the event that Company is unable to offer one or more of the listed benefits above, Company shall not be deemed in breach of this Agreement. Should Company need to reschedule a Session, Company shall provide Participant with notice. Should Company have to skip a Session over the Term, Company will make up that Session at some point in the Term.
Session Requirements: The Group will meet for each Session utilizing Zoom. The Company will provide the Session link to connect. If Participant is unable to attend a Session, Company shall endeavor to provide Participant with access to a recording of each Session so that Participant may review the content of the Session at Participant’s convenience (the “Recording”). Company does not guarantee that all Sessions will be recorded and available for review. Participant also understands that Company cannot guarantee the quality of each Recording or that the Session will be recorded uninterrupted. Company disclaims any and all liability and Participant shall not be entitled to any damages should a Session not be available for a Participant to view. Participant shall have access to the Recordings for the duration of the Program, to the extent Company offers the Recordings for later use.
Cancellation Policy: Participant understands and agrees that this Agreement may only be terminated pursuant to the terms listed herein. Participant further understands and agrees that Participant’s failure to participate, for any reason at all, is not grounds for termination, a refund, or forgiveness for amounts due and owing.
Term and Termination. The Inner Circle Mastermind is a 6 month program (the “Term”). Should the Agreement be terminated prior to the completion of the Program, Participant will remain responsible for all payments due and owing. In the event Participant breaches this Agreement, Company may immediately terminate this Agreement upon written notice to Participant. In the event of a Participant breach of this Agreement, Participant shall remain responsible for full payment of the Program Fee. If Company terminates this Agreement solely for convenience and for no other reason, Company may provide a prorated refund of the Program Fee to be calculated based on the time remaining in the Program.
Participant acknowledges and agrees that Company does not provide refunds for any portion of the Program Fee already paid (as defined below) except in the very limited instances specifically delineated herein. Participant also acknowledges and agrees that Participant is responsible to pay the entire portion of the Program Fee, whether Participant participates in the Program or terminates this Agreement. Participant understands that if Participant terminates this Agreement or if Company removes Participant’s access to the Program for a breach of this Agreement, including but not limited to violation of the Community Guidelines set forth in Exhibit A, Company shall immediately charge Participant’s payment instrument the entirety of any balance due and owing.
Representations and Warranties. Company represents and warrants that Company has the full and unrestricted right, power, and authority to enter into this Agreement.
Participant represents and warrants that (i) Participant will provide the information needed by Company to perform its duties, in the format requested by Company, as described herein; (ii) Participant will abide by all payment and scheduling terms as set forth herein; (iii) Participant has the full and unrestricted right, power, and authority to enter into this Agreement, perform the obligations herein and grant the rights granted herein; (iv) Participant has no other agreements with any other party that would conflict with this Agreement; and (v) Participant will abide by the Program Guidelines set forth in Exhibit A.
Compensation and Payment. Participant shall pay the Company a flat fee of $9,800 USD if paid in full or $10,000.00 USD total if opting for a payment plans (the “Program Fee”) to participate in the Program. Upon execution of this Agreement, Participant may choose a payment option. In the event that Participant requests a payment plan and seeks to pay the Company in installments, Participant must maintain a valid payment instrument on file with the Company at all times. Participant shall not cancel or void the authorization for Company to charge the payment instrument at any time while Participant has an outstanding balance without providing a valid, alternative payment instrument.
If any additional fees are incurred, as agreed to by the Parties, Company will invoice Participant for all such expenses. All accepted methods of payment will be indicated on the invoice.
Late Payment Fee. If Participant fails to pay the Program Fee or any installment thereof by the 5th business day following its due date, a penalty fee of ten percent (10%) of the payment due will be assessed. Company reserves the right to restrict Participant’s access to the Program or terminate Participant’s participation in the Program until all outstanding program fees and penalties are paid in full.
Payment Security and Chargebacks. To the extent that Participant provides the Company with credit card information for payment, the Company is authorized to charge Participant’s credit card for any unpaid charges on the dates each payment is due. If Participant uses the installment option to make payments to the Company, the Company is authorized to make all charges at the time they are due and does not require separate authorization to do so. Participant shall not make any chargebacks to the Company’s account or cancel the credit card number that is provided as security without the Company’s prior written consent. Participant is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Participant shall not change any of the credit card information provided to Company without notifying Company in advance.
In the event that Company incurs legal fees, costs, or disbursement in an effort to collect its invoices, in addition to interest on the unpaid balance, Participant agrees to reimburse Company for all such expenses.
Confidentiality & Non-Disclosure. You are free to speak, write and share about your own experiences from the Services, but you agree to keep all information shared by others confidential, including all information shared by others inside of any on-line community associated with the Services. This provision specifically applies to and includes content shared within any membership course and any private Facebook group or similar forum used in conjunction with the Services. If you have any questions about the applicability of this provision, please contact us via email at team@theproductboss.com.
Communications. The online community associated with the Services is intended to be a supportive, respectful and positive community for all involved. Communicating disrespectfully to any other members of the group constitutes grounds for removal from the program and any associated online forum and termination of the Services in our sole discretion.
Reservation of Rights. We reserve the right to remove you from the Services for cause, whether a breach of these Terms and Conditions, an act of misfeasance against us, our representative or another Services participant, or other inappropriate action, which may include any action which interferes with other participants’ enjoyment of the Services. Such a determination shall be made solely by us. You agree that your exclusive remedy in such a scenario, if any, will be limited to the refund of any amount paid to participate in the Services.
Data Scraping Prohibited. Data scraping or data mining of any kind from our website, or from any platforms, groups, or online forums operated by the us is strictly prohibited. Copying, removing, or otherwise scraping data, information or content, regardless of the reason, from the website, or from any platform, group, or online forum operated by us is a violation of these Terms and Conditions and will result in termination of all Services, including your participation in any platforms, groups, or online forums associated with the Services, without refund or recourse, which decision shall be in our sole discretion.
Disclaimer. YOU ACCEPT THAT THE SERVICES AND ANY ASSOCIATED CONTENT ARE PROVIDED “AS IS,” AND WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HAVE NO OBLIGATION TO INDEMNIFY, DEFEND, OR HOLD HARMLESS YOU, INCLUDING WITHOUT LIMITATION AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROEPRTY RIGHTS. We and our employees, representatives and agents are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the use of the Services or any content provided to you as part of the Services. The Services provided are advisory only, and you bear sole responsibility for the use and implementation of Services in your personal or professional life. You are free to reject any advice, suggestions or requests made during the Services. There are no guarantees as to the progress or outcomes that may result from your use of or participation in the Services and you are responsible for the results you achieve.
Earnings Disclaimer. RESULTS ARE NOT GUARANTEED. Any statement made on the website or in the program regarding income or earnings are provided as examples only, and do not guarantee you future earnings or income. Please note that the stated results are not typical and there is no guarantee that you will achieve the same or similar results. As with any endeavor, results may vary, and depend on a wide variety of factors including, but not limited to, your skill, knowledge, ability, dedication, business savvy, network, and financial situation. Your use of the Services should be based on your own due diligence. You agree that we (including our agents, representatives, sponsors, promoters, advertisers or affiliates), are not responsible for the success or failures you experience in your personal or business life.
Relationship. Nothing contained in these Terms and Conditions shall be interpreted or construed to create a joint venture, partnership, employment or agency relationship of any kind.
Modification. We may modify these Terms and Conditions from time to time and without notice. You agree to be bound by these Terms and Conditions and any future modifications when such modifications are posted to our website. You should review these Terms and Conditions regularly during the use of the Services to keep apprised of any changes.
Assignment. No assignment of these Terms and Conditions is permitted, without prior written permission from us. Any attempt to do so shall constitute a default or violation of these Terms and Conditions which shall be immediately void. Our rights and obligations, in whole or in part, under these Terms and Conditions may be assigned or transferred by us.
Third Party Beneficiaries. These Terms and Conditions are solely for the benefit of the parties and their successors and permitted assigns and do not confer any rights or remedies on any other person or entity.
Governing Law. These Terms and Conditions and any action related thereto shall be governed by the laws of the State of California without regard to its choice of law principles. The parties consent to exclusive jurisdiction and venue in federal and state courts sitting in Los Angeles County, California.
Dispute Resolution & Binding Arbitration. In the event of a dispute arising under or relating to these Terms and Conditions, the Event, Programs, or Services, or the Website (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute: first, by confidential mediation, to be conducted by a mutually selected, qualified neutral, third-party attorney/mediator located in Los Angeles County, California, which mediation may occur in-person, online (via web cams), or telephonically, and shall be scheduled within 30 days of either party providing the other with a request to mediate; second, by confidential, binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator whose decision shall be final except for a limited right of appeal under the FAA. Any court in Los Angeles County, California may enforce the arbitrator’s award. The arbitration may be conducted in person, through the submission of documents, by phone, or online and shall be conducted by a qualified JAMS or similarly experienced arbitrator. If conducted in person, the arbitration shall take place in Los Angeles County, California. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
Force Majeure. If a party is prevented from fulfilling its obligations under these Terms and Conditions for one of the following reasons beyond the party’s reasonable control, including due to a national environmental or military emergency, such as fire, flood, explosion, war, strike, embargo, government regulation, or civil or military authority, or acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”), the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that you will not be excused from payment of any sums of money owed by you to us; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate these Terms and Conditions.
Construction. These Terms and Conditions shall be construed fairly and not interpreted for or against either party. Any remedies available to us, including any set forth in these Terms and Conditions, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.
Binding Effect. These Terms and Conditions shall be binding upon and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.
DAMAGES WAIVER. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER THESE TERMS AND CONDITIONS OR ARISING OUT OF YOUR PARTICIPATION IN THE SERVICES INCLUDING DUE TO THE ACTIONS, STATEMENTS, OR BEHAVIOR OF ANY THIRD PARTIES OR PARTICIPANTS OF THE SERVICES. THIS PROVISION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THE ABOVE LIMITATION IS NOT PERMITTED UNDER APPLICABLE LAW,, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
Intellectual Property. All materials provided to you as part of your participation in the Services are our proprietary and confidential information and may not be duplicated, copied, reproduced, published or displayed in any form without our prior express written permission. You may not re-use, perform, modify, transmit, re-post or use in any way such content or any derivative works thereof, without our prior express written permission. All trademarks, logos, and service marks displayed on any materials provided as part of the Services are protected by United States and international copyright and intellectual property laws. Access to any materials or content online or otherwise as part of the Services should not be construed as granting any license or right to duplicate, distribute, or re-sell said content, including our trademarks, logos and service marks or those of any third-party.
Terms of Use Agreement. By accessing the Services and our website, you also agree to the Terms of Use Agreement found at www.theproductboss.com. In the event of any direct conflict between these Terms and Conditions and the Terms of Use Agreement, these Terms and Conditions shall control.
Privacy. You agree to the terms and conditions of the Privacy Policy found at www.theproductboss.com.
Waiver. The waiver by either party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
Severability. If any provision of these Terms and Conditions, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these Terms and Conditions shall nevertheless remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Indemnity. You agree to indemnify, defend and hold harmless The Product Boss LLC, its subsidiaries, affiliates, and our officers, managers, employees, agents, attorneys, representatives and assigns (collectively, “Indemnified Parties”) from and against any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by the Indemnified Parties related to or arising out of these Terms and Conditions, your use of the Services, or any content that you post or publish while using the Services.
Voidability. These Terms and Conditions cannot be voided by you not logging into the Services, where applicable, by not accessing or using the Services as delivered, by not attending the associated program, or in any other way attempting to avoid viewing or taking delivery of the Services. These actions will not void these Terms and Conditions or permit you the right to a refund.
Entire Agreement. These Terms and Conditions, along with the associated purchase page, represent the entire understanding and agreement of the parties relating to the Services purchased, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding the Services, are of no further force and effect. In order to participate in certain portions of the Services, you may be notified that you may be required to agree to additional terms and conditions as such program is revised over time. You may receive a copy of the applicable Terms and Conditions at any time by emailing us at team@theproductboss.com.
Contact. If you have any questions regarding this Agreement or any aspect of our services, please contact the Company at team@theproductboss.com .
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