By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with services by Lindsay Kirsch (“Service Provider”), acting on behalf of Lindsay Kirsch LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
- During the terms of this Agreement, the Service Provider agrees to provide the services set forth in the Power Hour Package (the “Package”) as detailed on Service Provider’s Website at lindsaykirsch.com/power-hour (the “Website”).
- The Power Hour Package services to be provided by the Service Provider to the Client are sixty (60) minute sessions (the “Session”) with the Client to discuss ActiveCampaign Customization, Automation, Education, and/or Optimization. The Package includes live sessions recorded via Zoom (the session will be available for thirty (30) days and then deleted).
- The Services to be provided under this Agreement shall be performed at the Service Provider’s place of business and communications will be conducted via Zoom.
- Client must provide more than twenty-four (24) hours notice of cancellation or the Session will be forfeited. Should Service Provider need to reschedule, notification will be provided, and the Service Provider will work with the Client to reschedule for an agreed upon future date.
- The Package does not include email support or any additional information/support outside of the Session.
- Client agrees to provide the Service Provider with information on what the Client wishes to discuss during the Session at least twenty-four (24) hours prior to the scheduled meeting time.
- Client will provide the Service Provider with all access and/or information we may need for the Session. We suggest the use of LastPass or similar tool that provides added security and encryption. Should Client choose to send information in an unsecure manner, such as through email, the Service Provider is not responsible for any misuse or privacy issues that may result.
- Client acknowledges that while the Service Provider is an affiliate and expert for ActiveCampaign, Service Provider has no obligations to said company and receives no benefits.
PAYMENT. Upon execution of this Agreement, Client agrees to pay to the Service Provider the full purchase amount for the Package as outlined on the Website. No refunds will be given.
- Single Sessions: Client will purchase a number of single sessions which may be discounted as outlined on the Website. All Sessions must be scheduled within thirty (30) days of purchase.
- Subscription Sessions: Client will purchase an ongoing monthly subscription for a minimum of three (3) months at a time. Additional discounts may be provided as outlined on the Website. All Sessions must be scheduled within thirty (30) days of purchase.
DISCLAIMERS. Service Provider makes no guarantees other than that the Services offered shall be provided to Client in accordance with the terms of this Agreement. There is no guarantee of improved list size in ActiveCampaign or increased sales as a result. Any testimonials regarding the Services and/or the Service Provider are examples only and not a guarantee of performance.
The Service Provider may provide Client with third-party recommendations for services. Client agrees that these are only recommendations and the Service Provider will not be held liable for the services provided by any third-party to the Client. The Service Provider is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
CONFIDENTIALITY. This Agreement is considered a mutual Non-Disclosure Agreement (NDA). Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, sessions, or otherwise. The Service Provider agrees that it will not disclose Confidential Information of the Client to any third party or use Confidential Information of the Client except for the Purpose of fulling this Agreement, without the prior written consent of such Client, except as required by law or regulation.
INTELLECTUAL PROPERTY RIGHTS. In respect of the templates, automations, and training created for the Client as part of this Agreement, the Service Provider maintains all of the copyright and other intellectual property rights, the Client may not sell, use, or distribute these materials beyond utilizing them as described herein without explicit permission from the Service Provider. In regard to other content and/or email campaigns specifically created for the Client as part of this Agreement, the Client maintains all of the copyright and other intellectual property rights. Provided that Client is not in default of any of its obligations to Service Provider under the terms of this Agreement, Client shall have the right to customize and/or make derivative works from the Service Provider’s provided templates and/or automations. Service Provider reserves the right to utilize Client results in advertising and/or marketing unless permission is explicitly revoked by the Client.
RELATIONSHIP OF PARTIES. It is understood by the parties that Service Provider is an independent contractor with respect to the Client and not an employee. The Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Service Provider.
NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
FORCE MAJEURE. In the event that any cause beyond the reasonable control of either Party, including without limitation acts of nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, a global health pandemic as defined by the World Health Organization, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
DISCLAIMER OF WARRANTIES. The information, education, and coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
LIMITATION OF LIABILITY. By using Lindsay Kirsch LLC services and purchasing this Package, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Service Provider will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Package.
DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Albany, New York or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, regardless of the conflict of laws principles thereof.
ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.