Terms & Conditions
Last Updated on June 17th, 2022
The following are terms of a legal agreement between you and Elite Guitar Coaching Academy. By purchasing our online courses, coaching and/or consulting services from Company or any other property held by Company, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations.
BY VISITING THIS WEBPAGE, YOU ACKNOWLEDGE THAT YOU:
a) HAVE READ THESE TERMS,
b) UNDERSTAND THESE TERMS, AND
c) ACCEPT AND AGREE TO BE BOUND BY THEM.
You must be at least 18 years old to access this Website or to purchase products and/or Services from Us.
You agree that you are accessing the information and products on our website for business purposes. If you are using the service on behalf of an organisation, You are agreeing to these Terms for that organisation and confirming now to Elite Guitar Coaching Academy that you have the authority to bind said organisation to Our Terms of Service (in which event, “You” and “Your” will refer to that organisation).
If you do not agree with these Terms, or are under 18 years old, please do not use the Services or Our Website. If at any time you are not willing to be bound by these Terms, You should:
a) click the “I do not accept” or similar button,
b) terminate any download and/or installation process,
c) immediately cease and refrain from accessing or using the program, and
d) delete any copies you may have.
INTELLECTUAL PROPERTY STATEMENT:
The contents of the Services, including the Website, Content, and other materials made available via related Social Media, are protected by United Kingdom copyright, trademark and other intellectual property laws and international treaties and owned or controlled by Elite Guitar Coaching Academy, or the party credited as the provider of the Content. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.
By accepting these Terms, You further acknowledge and agree that We and Our third party licensors own and shall continue to own all right, title, and interest in and to the Content and other elements of Our Services, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws.
Except for any limited, revocable license expressly granted to you herein, these Terms do not grant you any ownership or other right or interest in or to the Content and/or other elements of the Services, or any other intellectual property rights of Ours, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that We use in connection with the Services are marks owned by Us. These Terms do 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.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except where expressly permitted for the storage of downloadable material), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
1. INTRODUCTION: By continuing to use Company’s business Online Courses, Coaching and/or Consulting Services (defined below), you agree to abide by these Terms and Conditions, as they may be amended by Company from time to time in its sole discretion. Please read these Terms and Conditions carefully. As a Client, you agree to be bound by these Terms and Conditions, both for current and for any additional services for which you may contract with Company, including all payment terms (collectively, the Agreement). In this Agreement, “you” and “your” refers to the Client.
You agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of the Online Courses, Coaching and/or Consulting Services, shall be bound by, and shall abide by, these Terms and Conditions. You further agree that you are bound by these Terms and Conditions whether you are acting on your own behalf or on behalf of a third party, including another Client.
2. TERM, PAYMENT & MODIFICATION: For recurring coaching, online course membership or consulting services- The term of this Agreement shall begin and become effective as of the sign-up date, which coincides with 1st initial payment. The term shall continue as follows unless otherwise mutually agreed upon in writing. This Agreement shall renew at the end of each 30-day period for a successive 30-day term unless either party provides written 5-day notice of its intention not to renew or if both parties agree to enter a new contract term for a determined time period.
Any and all “one-time” purchases (Strategy Sessions, Events, In-Person Consulting) shall not be tied to any other services or subject to this Agreement unless otherwise specified by the client.
Client agrees to pay to Company all applicable charges to its account in United States dollars (USD) or Great British Pounds (GBP), in accordance with the payment terms and conditions and/or payment plan mutually agreed upon, including, if any, all applicable taxes. If any mutually agreed upon payment terms of additional services requested by you are different from the terms set forth in these Terms and Conditions, the payment terms for the additional services shall apply to those services. Client agrees that any setup fee (or similar one-time payment depending on the online course, coaching or consulting service selected by Client) is nonrefundable as it is applied to costs immediately incurred by the Company in initiating services.
Client understands and agrees that the Coaching, Online Membership and/or Consulting Services are billed one month in advance. In addition, if Client has elected to pay Company by credit card, Client agrees to authorise Company to charge its credit card in advance for such payments and for any amounts owed under this Agreement.
In the event collection proves necessary, the Client agrees to pay all fees (including all attorneys’ fees and court costs) incurred by that process.
You understand that the Company may modify its standard terms and conditions and service offerings from time to time and that Elite Guitar Coaching Academy reserves the right to adjust the pricing of such services. Following the fulfilment of initial contract terms, Clients in month-to-month contracts may be subject to revised terms and conditions and/or pricing.
3. METHOD OF PAYMENT: Client must set up direct withdrawal from a valid, sufficiently funded bank account, provide a valid credit card with sufficient credit, or maintain a deposit with Company that Company can bill for all contracted Services.
4. REFUND POLICY AND CANCELLATIONS: The product and/or services referenced herein is sold with strictly no refund. Unless otherwise stated in writing with respect to particular Services offered for sale via this Website, Elite Guitar Coaching Academy abides by a strict, no refund policy. By accepting these Terms, You agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the online courses, coaching and consulting services offered via this Website and Elite Guitar Coaching Academy.
You agree to waive any/all rights to charge-back, dispute, or make claims (“disputes”) against any payment made to EF as being fraudulent, purchased in error, services not delivered to you, product not received, or any other dispute which claims that any payment is unlawful
You agree to not initiate any disputes or claims through your credit card company, bank, lending institution, or any other payment provider since you have fully consented to all charges outlined
5. REFUNDS FOR PHYSICAL PRODUCTS: Any orders of physical products must be returned within 30 days (in original condition) to be eligible for a refund.
6. SERVICES PROVIDED: Coaching and/or Consulting Services are the process by which Company will help you grow your business via proprietary systems, frameworks, and advice. Though the Company cannot guarantee specific results, we proactively seek to provide high-quality advice and systems that maximize the Client’s return on advertising spending.
7. OWNERSHIP OF NON-CLIENT PROPERTY: Title and full ownership rights in and to the Coaching and Consulting frameworks, strategies and systems, together with any and all ideas, concepts, computer programs, and other technology supporting or otherwise relating to Company’s operation of the Company network and website(s) (collectively, the “Company Materials”), shall remain at all times solely with Company and/or with the respective outsourced service provider or author. Client acknowledges that it has not acquired any ownership interest in the Company Materials and will not acquire any ownership interest in the Company Materials by reason of this Agreement.
8. NO LICENSE: Nothing contained in this Agreement or use of Coaching and/or Consulting Services should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
9. CONFIDENTIAL INFORMATION: All information disclosed by Company to Client shall be deemed Confidential Information, regardless of whether marked or identified as “CONFIDENTIAL” or “PROPRIETARY.” Notwithstanding anything to the contrary, Confidential Information shall also include, and the provisions of this Agreement shall apply to any other information in oral, written, graphic or electronic form which, given the circumstances surrounding such disclosure to or learning by Client, would be considered confidential.
9.1 “Confidential Information” means any non-public, oral, written graphic or machine-readable information, including but not limited to, that which relates to patents, patent applications, trade secrets, research, product plans, products, developments, inventions, processes, designs, drawings engineering, formulae, markets, market research, market plans, software (including source and object code), hardware configuration, computer programs, algorithms, regulatory information, business plans, pricing, agreements with third parties, services, customers, marketing or finances of the Company or one of its subsidiaries or affiliates.
10. RESTRICTIONS: Client shall not in any way: (i) disclose or otherwise transfer Confidential Information to any third party at any time, including consultants, except as approved by Company in writing in advance; (ii) use (except as specifically permitted in writing by Company), copy. Modify and/or transfer the Confidential Information and/or merge the Confidential Information with any other technology, formula or materials; (iii) to the maximum extent permitted by applicable law reverse engineer any of the Confidential Information; and/or (iv) disclose the parties’ discussions about the Confidential Information. Client agrees that it will disclose the Confidential Information only to its employees who have a specific need to know regarding the Coaching and/Consulting Services and only to the extent necessary for such purpose.
11. YOUR SITE: You hereby acknowledge that Company is not responsible for the maintenance of your website(s); nor is Company responsible for order entry, payment processing, shipping, cancellations, returns or customer service concerning orders placed on your website(s). You further acknowledge that your site does not contain any Company-owned or licensed content, including but not limited to any Company search listings, except pursuant to a separate signed affiliate agreement with Elite Guitar Coaching Academy
12. CLIENT REPRESENTATIONS AND WARRANTIES: Client represents and warrants to Company that for the term of this Agreement, this Agreement constitutes a valid, binding, and enforceable agreement in accordance with its terms; Client is the authorised owner or representative of the website(s) for which Coaching and Consulting Services will be performed; and Client’s website will not violate any applicable law or regulation; does not infringe upon in any manner any third party rights, including but without limitation to copyright, patent, trademark, trade secret, or other intellectual property right or right of privacy or publicity; is not false or misleading; has not and will not result in any consumer fraud, product liability, breach of contract, injury, damage, or harm of any kind to any person or entity; is not defamatory, libellous, slanderous, or threatening; is free of viruses; does not contain, promote, or offer any form of spyware, adware, or other advertising or information collection software; and/or does not contain, link to or promote any of the following: violence, hate crimes (whether racial or otherwise), illegal activities, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
13. CLIENT COVENANTS: Client further agrees to perform as follows:
A client will not hold Company or its affiliates liable or responsible for the activities of visitors who come to Client’s website(s) through Coaching and Consulting Services.
If Client sells or promotes adult materials, alcohol or tobacco products, or other age-restricted products and/or services, Client will: (i) have age verification on its sites’ home page and in the sales process in compliance with all applicable laws and regulations; and (ii) shall not offer such products and/or services in jurisdictions in which they are prohibited or are in any way restricted.
14. CLIENT INDEMNIFICATION OBLIGATIONS: Client agrees to indemnify, defend, and hold harmless Company, its distribution partners, its licensors and licensees, and affiliated companies, and any of their officers, directors, employees, representatives and agents, from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits, or proceedings (collectively being referred to herein as a “Claim”) for, including without limitation, libel, violation of right of privacy or publicity, copyright infringement, trademark infringement, or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability, or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with Coaching and Consulting Services performed on behalf of Client, Client’s website(s) or contents therein, Client’s conduct, acts or omissions, or any alleged or proven breach by Client of any term, condition, agreement, representation, or warranty herein, excluding any Claim that arises solely from the acts or omissions of Company or its agents or employees. The company will notify Client of any claim, action, or demand for which indemnity is required in the reasonable opinion of Company and will cooperate reasonably with Client at Client’s expense. At the election of Company, Client shall advance to Company amounts in satisfaction of such Claim, which Company may hold in escrow pending resolution of such Claim. The law firm Client chooses to defend Company must be experienced in defending similar claims and will be subject to Company’s approval, which will not be unreasonably withheld. A client may not settle any lawsuit or matter relating to the culpability or liability of Company without the prior written consent of Company. The company will have the right to participate in any defense of a claim and/or to be represented by counsel of its own choosing at its own expense. Without limiting any rights and remedies hereunder or under applicable law, Company shall have the right to set off any liability of Client to Company with respect to a Claim against any amounts held on deposit with Company by Client.
15. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER: Company makes no representations or warranties relating to the results of Coaching and Consulting Services, including, without limitation, the number of impressions or click-throughs and any promotional effect or return on investment thereof. As Company relies on third parties for certain data, Company makes no guarantees regarding the accuracy, reliability, or completeness of any usage statistics.
In no event shall Company be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown.
16. SUCCESSORS AND ASSIGNS: Subject to the limitations set forth herein on the assignment of this Agreement or the rights hereunder by Client, all of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns.
17. CHOICE OF LAW; EXCLUSIVE VENUE: This Agreement shall be construed in accordance with the laws of the United Kingdom, and the parties agree that should any dispute arise concerning this Agreement, venue shall be laid exclusively in a court of competent jurisdiction in Prague, United Kin
18. HEADINGS: Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
19. WAIVER: Waiver by one party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver. No waiver of any breach or default of this Agreement by either party hereto shall be considered to be a waiver of any other breach of default of this Agreement.
20. ENTIRE UNDERSTANDING: This document and any exhibit, schedule, or other supplementary document attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
21. ATTORNEYS’ FEES: In the event, a dispute arises between the parties hereto, then the prevailing party in such dispute, whether or not a final decision is ultimately rendered by the court, shall be entitled to receive its attorneys’ fees reimbursed from the non-prevailing party.
22. NO THIRD PARTY BENEFICIARIES: The covenants, undertakings, and agreements set forth in this Agreement are solely for the benefit of and enforceable by the parties or their respective successors or permitted assigns.
23. SURVIVAL: The sections of this Agreement that address or govern matters or circumstances that could occur after termination of this Agreement shall be interpreted to survive any such termination.
24. EXECUTION: This agreement is executable upon successful payment from Client. By purchasing coaching and/or consulting services from Company or any other property held by Company, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations.
25. NO WARRANTIES: By accepting these Terms, You agree and understand that we provide seminars and business coaching services only and guarantee no specific results. You acknowledge that We make no promise or representation that You will make a certain amount of money, or any money, or that you will not lose money, as a result of using these Services.
Any earnings, revenue, or income statements viewable on this Website or our related Social Media are based on actual individual results of our clients and/or estimates as may be stated. There is no guarantee that you will make these levels for yourself. As with any business, Your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond Our control, including some variables that neither We nor You may have anticipated. There are no guarantees concerning the level of success You may experience. Each person’s results will vary.
There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly. The use of our information, products and services should be based on your own due diligence and YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR SUCCESS OR FAILURE.
In accepting these Terms, You acknowledge that You take full responsibility for your own success.
In no event will We be liable to You or any party related to You for any damage, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if We have been advised of the possibility of such damages. As such THE SERVICES, CONTENT AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED AS AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN RISK.
Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
Earnings and income representations made by Elite Guitar Coaching Academy, eliteguitarcoaching.com, are aspirational statements only of your earnings potential. The success of Elite Guitar Coaching Academy testimonials and other examples used are exceptional, non-typical results and are not intended to be and are not a guarantee that you or others will achieve the same results. Individual results will always vary and yours will depend entirely on your individual capacity, work ethic, business skills and experience, level of motivation, diligence in sticking to Elite Guitar Coaching Academy's guidance and strategies, the economy, the normal and unforeseen risks of doing business, and other factors.
Elite Guitar Coaching Academy, and eliteguitarcoaching.com individually, are not responsible for your actions. You are solely responsible for your own moves and decisions and the evaluation and use of our products and services should be based on your own due diligence. You agree that Elite Guitar Coaching Academy is not liable to you in any way for your results in using our products and services. See our Terms & Conditions for our full disclaimer of liability and other restrictions.
Do you have questions? Are you wondering if this will work for you? Email us at firstname.lastname@example.org
We will be happy to discuss your goals and how our courses, coaching, or consulting services may help you. Thank you.