IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING ELLIOT SCOTT'S A90 PROGRAM PROPRIETARY MATERIALS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH ELLIOT SCOTT DATING LLC. BY ACCEPTING DATING AND COACHING SERVICES, YOU ACKNOWLEDGE THAT:
A.YOU HAVE READ THIS AGREEMENT,
B. YOU UNDERSTAND IT, AND
C. THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
This Agreement (“Agreement”) is a legal contract between ELIOTT SCOTT DATING LLC located at O'FALLON ILLINOIS and
NAME: _____________YOU_______________________ (“YOU”, an individual) (collectively the “Parties”).WHEREAS, ELLIOT SCOTT DATING LLC is engaged in this business of marketing and client coaching services; and WHEREAS, YOU desire to engage ELLIOT SCOTT DATING LLC to provide dating and relationship coaching services to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation; NOW, THEREFORE, the Parties agree as follows:
SECTION 1: Service and Program Fees
1.1. Coaching Services: Under the terms of this Agreement, ELLIOT SCOTT DATING LLC agrees to provide dating and coaching services to YOU in the form of online programs, groups, and coaching and evaluation in exchange for a Service Fee. Service Fees will be determined according to paragraph 1.2. below. Your access to coaching and services is made conditional on payment of such Service Fee.
1.1.2. Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement, you will become a client of ELLIOT SCOTT DATING LLC A90 Program.
1.1.3. Termination: ELLIOT SCOTT DATING LLC may terminate this Agreement at any time in its discretion upon notice to YOU. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity.
1.2. Service Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay ELLIOT SCOTT DATING LLC through one of the following options:
A. “Agreed upon” up-front paid in full payment for commencement of services
B. “Agreed upon” per month for a period of 2, 3, or 4 months
For dating and coaching services: weekly check-ins via Voxer App upon receiving the initial payment, and access to and use of ELLIOT SCOTT DATING LLC programs and online programs, online training, and ongoing coaching services (How often depending on coaching frequency) via voxer, phone, Facebook group, and video conference.
1.3. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of Dating Coaching Services offered by ELLIOT SCOTT DATING LLC, YOU affirmatively agree and acknowledge that ELLIOT SCOTT DATING LLC may at any time reproduce and/ or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such coaching service(s), including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such coaching service(s). You further represent that any such statements or testimonials that you make shall be correct, accurate, and
1.4. Refund Policy: ELLIOT SCOTT DATING LLC'S A90 Program abides by a strict 7-day money-back refund policy. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by ELLIOT SCOTT DATING LLC after the first week (7 days) of being in the A90 Program. YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of such Program(s), YOU are taking full responsibility for YOUR OWN success. Thus, YOU agree that you will not request a refund after 7 days.
SECTION 2: No Warranties
2.1. Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that ELLIOT SCOTT DATING LLC provides Program(s) related to dating coaching only and guarantees no specific results. YOU take full responsibility for YOUR own success. Further, you acknowledge that everyone's success is different and dependent on factors such as your own drive, dedication, and motivation. Any examples of dates, relationship status, success, or testimonials are not meant as a promise or guarantee of your own earnings or success. Please be aware that you may experience no benefit towards dating or relationships by using the program. In other words: we do not guarantee results, you are responsible for your own success, and there is an inherent risk as with any online program.
2.2. Limited Liability: In no event will ELLIOT SCOTT DATING LLC be liable to YOU or any party related to you for any injuries, sicknesses, or ailments. Including any other health-related problems, whether under a theory of contract, warranty, tort (including negligence), product liability, or otherwise, even if ELLIOT SCOTT DATING LLC has been advised of the possibility of such problems. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
2.3. Commitment: By accepting the terms of this Agreement, YOU commit and also acknowledge that creating results requires tremendous effort and you are prepared and committed to faithfully make that effort.
SECTION 3: Confidentiality
3.1. Confidentiality: Only authorized users, who have duly obtained access to any services offered by ELLIOT SCOTT DATING LLC by personally agreeing to the terms of this Agreement are permitted to use and participate with such services.
3.2 Intellectual Property: YOU acknowledge and agree that, as between YOU and ELLIOT SCOTT DATING LLC, ELLIOT SCOTT DATING LLC and its third-party licensors own and shall continue to own all right, title, and interest in and to the associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Any and all trademarks or service marks that ELLIOT SCOTT DATING LLC uses in connection with the services rendered by ELLIOT SCOTT DATING LLC are marks owned by ELLIOT SCOTT DATING LLC. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
SECTION 4: Miscellaneous
4.1. Non-transferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
4.2. Indemnification: YOU will, at your own expense, defend, indemnify, and hold ELLIOT SCOTT DATING LLC, its agents, and employees harmless from any and all claims, actions, liabilities, sicknesses, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire agreement between YOU and ELLIOT SCOTT DATING LLC concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had
with ELLIOT SCOTT DATING LLC relating to the Program, whether oral or written.
4.4. Amendment: ELLIOT SCOTT DATING LLC reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement within the fitness training app.
4.5. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America and the American State of Florida. The venue for any dispute shall be in the State of Florida.
4.6. Attorneys' Fees and Legal Expenses. If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing
party's costs, reasonable attorneys' fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered.