Terms of Service - Outlier Mom

This document contains the Terms of Service for Flourish Consulting LLC (“Outlier Mom”). Please read this document carefully, as it contains important information relating to your purchase of training and consulting services from Outlier Mom.

Last updated on February 24, 2017. These Terms of Service are effective immediately for those registering accounts after that date, and will become effective one month after date of update for those with pre-existing accounts.

1. Services; Acceptance of Terms

Outlier Mom provides lifestyle design coaching for women (the “Services”). By signing up for the Services through this website, you are agreeing to the following Terms of Service (“Terms”). You acknowledge and agree that these Terms form a binding contract between Outlier Mom and you. Outlier Mom may update the Terms from time to time without notice to you. However you can always email kim@outliermom.com for a copy of the latest Terms. In addition, when using any Outlier Mom-owned or operated website, you shall be subject to any posted policies, guidelines or rules applicable to such website. All such policies, guidelines and rules are incorporated by reference into the Terms. You further agree, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to this agreement. IF YOU DO NOT AGREE TO THE CURRENT TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR THE SERVICES, SINCE YOUR REGISTRATION CONSTITUTES ACCEPTANCE OF ALL OF THE CURRENT TERMS AND CONDITIONS FOR THE SERVICES.

2. Fees

Outlier Mom provides various options for the Services, ranging from a one-day course to longer courses. At the time of registering, you will select one of those course options. Outlier Mom charges a fee (the “Fees”) based on the kind of course you select. The course options and applicable Fees change from time to time. All Fees are payable in advance, at the time of registration. However, Outlier Mom may offer an installment payment option for the longer courses. Once you start the course you have selected, there is no refund of the Fees.

3. Delivery of Services

Outlier Mom shall provide the Services to you in person, via telephone, or through other communication technology (such as Skype). You understand that you are responsible for obtaining access to the Services and that access may involve third party fees. You are totally responsible for obtaining such access and paying those fees.

4. Proprietary Information

You acknowledge that the training materials used by Outlier Mom in performing the Services are confidential and proprietary to Outlier Mom. You shall therefore maintain the training materials in strict confidence, and not disclose the training materials to any third parties. You agree not to, without the express prior written consent of Outlier Mom, reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Services or course materials. You further agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part.

5. Indemnity

You agree to indemnify and hold Outlier Mom, its subsidies, affiliates, members, officers, agents, and other partners and employees, harmless from any and all loss, liability, claim, or demand, including actual attorney’s fees and costs, made by arising out of your use of the Services in violation of the Terms and/or your violation of any rights of another.

6. Registration

In order to use purchase the Services you are required to register. Registered users are subject to the following specific terms in addition to all of the other terms in this Agreement:

In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction.

You agree to provide true, accurate, current and complete information as required on the Service’s Registration Form. If you provide any information that is untrue, incomplete, not current or inaccurate, Outlier Mom has the right to suspend or terminate the Services (or any portion thereof.)

You agree that your purchase of the Services is non-transferable.

7. Disclaimer of Warranties

The use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. OUTLIER MOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

OUTLIER MOM MAKES NO WARRANTY THAT I) THE SERVICES WILL MEET YOUR REQUIREMENTS., (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS.

No advice or information, whether oral or written, obtained by you from Outlier Mom or through or from the Services shall create a warranty not expressly stated in the Terms.

8. Limitation of Liability

You expressly understand and agree that Outlier Mom will not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Outlier Mom has been advised of the possibility of such damages), resulting from the use or the inability to use the Services or any other matter relating to the Services, and in no event will Outlier Mom be liable for any amount of money over the Fees that you have paid for the Services, which you acknowledge to be a fair and reasonable sum.

9. Disputes

If there is any dispute about or involving the Services or these Terms, you agree that any dispute shall be governed by the laws of the State of Ohio without regard to conflict of law provisions and you agree to personal and exclusive jurisdiction by and venue in the state and federal courts located in Hamilton County, Ohio.

10. General Information

These Terms constitute the entire agreement between you and Outlier Mom and governs your use of the Services.

The failure of Outlier Mom to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

The section titles in the Terms are for convenience only and have no legal or contractual effect.

Nothing contained in the Terms shall be construed to constitute either party as a partner, employee or agent of the other party, nor shall either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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