INSTAGROWTH FOR THERAPISTS TERMS OF SERVICE

 

Thank you for purchasing InstaGrowth For Therapists. All sales are final for this Product. By clicking “Buy Now” (or any other phrase on the purchase button), entering your payment information, or otherwise completing the Product check-out, you ("Customer") are executing a legally binding agreement. Through rendering initial payment, Customer understands that they will be charged the full amount of either the payment plan or pay-in-full price, whatever Customer selects upon checkout. Customer agrees to the following terms and conditions of this Agreement (“Agreement”) in their entirety:

 

 

• INTRODUCTION

 

 

Mary Fish (“Provider”) provides prospective and practicing therapists and coaches with online courses and other educational materials. She has created the InstaGrowth For Therapists (“Product”) to educate the Customer on how to market themselves on social media. The Product is a self-paced program including pre-recorded videos and PDF’s. 

 

 

• TERM

 

 

This Term of this Agreement shall be 6 months from the date of initial purchase, with the exception of Sections 8, 9, and 10 which shall survive the Term of this Agreement.

 

3. DISCLAIMERS

 

For the purposes of this Agreement, the Provider is not an employee, social media manager, consultant, psychiatrist, psychologist, public relations manager, personal brand advisor, counselor, lawyer, business operations manager, financial analyst, business executive, or other agent of Customer’s business. Client understands that the Product has been designed by Provider for general educational and informational purposes only, with the goal of teaching Customer new skills and providing Customer with awareness of social media practices. Through the Product, the Provider might provide guidance regarding business decisions, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision for his/herself. By using Provider’s services and purchasing this Product, Client accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. Client agrees that Provider will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Program. Client agrees that use of this Product is at user’s own risk.

 

This Product does not include: 1) individualized advice and feedback; 2) procuring business or potential clients for Customer; 3) performing any business management services for Customer, such as accounting, operations, research, or development; 4) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 5) publicity, public relations and/or social media marketing services; 6) legal or financial advice; 7) introduction to Provider’s professional network and business relationships.  

 

Customer hereby acknowledges that Customer is solely responsible for the amount of income and/or type of results that Customer generates by implementing techniques and advice provided by Product. Customer also acknowledges that Provider cannot and does not guarantee that implementation of the Product will provide Customer with a lucrative business. Customer also agrees that he/she is solely responsible for any personal decision that Customer makes during or as a result of Customer’s use of the Product, and indemnifies Provider from any liability regarding said decision.  

4. CLIENT’S RESPONSIBILITIES

 

The Product has been developed for educational purposes only. Provider has established its proprietary Product in order to educate and inspire Customer to pursue his/her personal goals. However, Customer hereby acknowledges that Provider does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Product. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Product. Customer acknowledges that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain his/her goals by simply completing the Product.

 

Nevertheless, Customer acknowledges that he/she can optimize her potential results from the Product by adhering to the following: 

 

• Completion of all Product material, including assignments and worksheets.
• Customer implementation of Product Material and recommendations given. 
• Taking 100% responsibility for Customer’s results, 100% of the time.

 

5. PAYMENT & FEES

 

Client has three payment options to purchase the Product, both of which are presented at checkout and outlined below: A) a one-time fee, due in-full before Customer may access the Product; or B) a three-month payment plan or C) a 6 month payment plan, outlined below. Upon executing this Agreement, Customer agrees to pay Provider the full purchase amount for the Product, regardless of what payment option Customer selects at checkout. 

 

A partial payment of one installment of the payment plan shall be treated as a commitment to pay the entire fee for the Program. By submitting a partial payment, Client understands that he/she is contractually bound to make all payments in the timeline outlined at checkout, which shall be billed to Customer automatically. Failure to make all payments due under the payment plan shall result in Customer’s breach of this contract and in Customer’s termination of access to the Product. 

 

If any payments fail, Client agrees to remedy the situation immediately (ie. update Client’s payment information, provide a new credit card, and/or make all past-due payments within 5 business days) or else Client forfeits his/her right to access the Product. (e) The Client shall not threaten or make any chargebacks to the Provider’s account or cancel the credit card that is provided as security without the Provider’s prior written consent. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Provider reserves the right to report the incident to credit reporting agencies as a delinquent account.

 

Client hereby agrees to pay in accordance with one of the following plans:

 

1. ONE-TIME FEE:

• One (1) payment of two hundred ninety-seven US Dollars ($297.00 USD), which is due immediately upon signing and execution of this Agreement. The Product shall not be distributed for Customer’s access until and unless full payment is rendered; or

 

1. PAYMENT PLAN (3 Months):

• Three (3) payments of ninety-nine US Dollars ($99.00 USD) totaling two-hundred ninery seven ($297.00 USD), which shall be paid in accordance with the schedule below in order to avoid late fees;
• The first payment of $99.00 is due immediately upon signing and executing this Agreement;
• The second payment of $99.00 is due within thirty (30) days of the Start Date of this Agreement, which shall be billed automatically to Customer;
• The final payment of $99.00 is due within sixty (60) days of the Start Date of this Agreement, which shall be billed automatically to Customer;
• Client authorizes Provider to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Client selected at checkout, and Client does not require separate authorization for each payment.
• Late Fees – Provider understands that, from time to time, there are issues with payment. All payments must be received by Provider within ten (10) days of the due date for that installment. Any payments not received within 10 days of their due date shall be subject to a late fee of $25.00 USD. Any payments not received within 15 days of their due date will result in Customer’s breach of this Agreement and may result in termination of Customer’s access to the Product.

 

1. PAYMENT PLAN (6 Months): 

 

• Six (6) payments of fifty two US Dollars ($52.00 USD) totaling three hundred twelve US Dollars ($312.00 USD), which shall be paid in accordance with the schedule below in order to avoid late fees;
• The first payment of $52.00 is due immediately upon signing and executing this Agreement;
• The second payment of $52.00 is due within thirty (30) days of the Start Date of this Agreement, which shall be billed automatically to Customer;
• The third payment of $52.00 is due within thirty (60) days of the Start Date of this Agreement, which shall be billed automatically to Customer;
• The fourth payment of $52.00 is due within thirty (90) days of the Start Date of this Agreement, which shall be billed automatically to Customer;
• The fifth payment of $52.00 is due within thirty (120) days of the Start Date of this Agreement, which shall be billed automatically to Customer;
• The final payment of $52.00 is due within sixty (150) days of the Start Date of this Agreement, which shall be billed automatically to Customer;
• Client authorizes Provider to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Client selected at checkout, and Client does not require separate authorization for each payment.
• Late Fees – Provider understands that, from time to time, there are issues with payment. All payments must be received by Provider within ten (10) days of the due date for that installment. Any payments not received within 10 days of their due date shall be subject to a late fee of $25.00 USD. Any payments not received within 15 days of their due date will result in Customer’s breach of this Agreement and may result in termination of Customer’s access to the Product.

 

6. REFUND POLICY

 

All sales are final for this Product. Due to the inherent nature of educational programs and the electronic transmission of same, there are no refunds.

 

7. NON-DISCLOSURE & CONFIDENTIALITY

 

Confidential Information & Non-Disclosure -Provider takes pride in its proprietary information included in each Product. As such, Customer agrees and acknowledges all Confidential Information shared through this Product and by the Coach is confidential, proprietary, and belongs exclusively to the Provider.

 

“Confidential Information” includes, but is not limited to:

• Any systems, sequences, processes or steps shared with Customer;
• Any information disclosed in association with this Agreement;
• Any systems, sequences, processes, or trade secrets in connection with the Product or Provider’s business practices.

 

Testimonials - Provider also agrees to protect Provider’s personally identifiable information. However, from time to time, Provider may use general statements about Customer’s success for testimonials as part of Provider’s marketing strategy. By agreeing to these Terms, Customer agrees to Provider sharing Provider’s success stories as testimonials in any matter across any media at the sole discretion of Provider.

 

8. INTELLECTUAL PROPERTY & LIMITED LICENSE

 

Intellectual Property -  This Product and the related content shall be considered intellectual property owned by Provider. Other examples of intellectual property owned by Provider and  within Provider’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”). 

 

Limited License -  Provider grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Provider to the Client, nor grant any right or license other than those stated in this Agreement. Customer acknowledges that his/her purchase of this Product is for his/her/its single individual use. Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise. 

 

If Customer is also a business owner or professional in a similar industry, Customer shall not misappropriate any of Provider’s Intellectual Property and proprietary information in the following manner:

• Teaching Customer’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Provider and passing it off as Customer’s own;
• Copying any of Provider’s Product content and/or material for Customer’s commercial use;
• Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Provider in either whole or part without prior written consent. 

 

9. INDEMNIFICATION / LIMITATION OF LIABILITY

 

Customer hereby acknowledges that Provider is not liable for any injuries that may arise from Customer’s actions, omissions, or decisions based off Customer’s participation in this Product including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless Provider of any claims that may arise after use of this Product. 

 

Access to this Product is currently through a third-party platform, Kajabi. Provider is not liable for any limitation of access to the Product caused by Kajabi. 

 

10. MISCELLANEOUS

 

1. Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.

 

• Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.

• Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.

• All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us. 

• Governing Law – Provider is located in the United States and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of North Carolina.

• Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration. 

 

1. Execution – Customer agrees to accept the above Agreement in its entirety when Customer selects and confirms “I agree to the Terms & Conditions” at the Product checkout page and by rendering first payment.