For the following Clarke Courses Inc. Products:
a. 7 Days to Success with Elke Clarke: A Beginners Guide to Making Money on Zazzle
b. 30 Day Profit Plan with Elke Clarke: An Advanced Zazzle Course on How to Make Money on Zazzle
c. Professional Store Critique by Elke Clarke
Last updated: June 20, 2017
Please READ these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.elkeclarke.com website (Site) and the private access course website at http://www.sevendaystosuccess.elkeclarke.com (Site) operated by Clarke Courses Inc. (herein referred to as “Clarke Courses ” or “Company”)
By purchasing any of these products or services “7 Days to Success with Elke Clarke” or “30 Day Profit Plan with Elke Clarke” or “Professional Store Critique by Elke Clarke” (herein referred to as “Product” or “program of Product” or “Product’s program”) you (herein referred to as “Client”) agree to the follow terms and conditions stated herein this agreement.
Clarke Courses Inc. agrees to provide the Product, “7 Days to Success with Elke Clarke” or “30 Day Profit Plan with Elke Clarke” or “Professional Store Critique by Elke Clarke” , identified in the online commerce, shopping cart. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Products’ program.
Client’s access to and use of the Product is conditioned on Client’s acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Product.
By accessing or using the Product, Client agrees to be bound by these Terms and Conditions. If Client disagrees with any part of the terms then he/she may not access the Product.
Method of Payment
Client agrees to pay the set Product price, in one FULL payment, via Credit Card or PayPal, before receiving access to the Product. If payment is not received, Company has the right to terminate Client’s access to the Product.
In the case of the PAYMENT OPTION PLANS OFFERED via Credit Card only, which are at the sole discretion of Clarke Courses Inc. (in terms of time offered and with which product), Client agrees to pay each payment as set out by the payment option the Client purchased. Client will receive access to Product or specific components of the Product as outlined in the payment options which Client entered into at time of purchase.
Refund / Updates / Product Accessibility / Termination
For the Product, “7 Days to Success with Elke Clarke” or “30 Day Profit Plan with Elke Clarke” or “Professional Store Critique by Elke Clarke”, there will be no refunds after the Client has purchased the Product.
If payment installments in PAYMENT PLAN PRODUCT OPTIONS are not received at time stipulated by the payment plan on the Product the Client purchased, then Clarke Creative Inc. has the right to terminate Client’s access to any or all parts of the Product client purchased. The payments already received by Clarke Creative Inc. in any payment plan Product, prior to termination by Clarke Creative are NONREFUNDABLE.
Clarke Courses Inc. also reserves the right to discontinue Product access to the Client for any reason in the future, including discontinuation of the entire course, at the sole discretion of Clarke Courses.
Clarke Courses will make every effort to keep the Product current, based on the changes occurring on Zazzle Inc., Redwood, California (“Zazzle”), however, Clarke Courses has no responsibility to implement these changes in any time frame, if ever, and the decision as to whether the Product is updated and to what extent, rests exclusively with Clarke Courses.
The Product’s program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from completing the tasks outlined in the Product’s program. Clarke Courses makes no representations, warranties or guarantees of any sort both verbally or in writing of outcomes of implementation of the Product. The client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of use and implementation of the program outlined in the Product. The Product education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any one individual. Company assumes no responsibility for errors or omissions that may appear in any program materials.
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
The Client understands that Elke Clarke and Clarke Courses has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, sales advice, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Elke Clarke’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties now, nor after the Client has completed Product’s program. If the Parties have relationship in the future, a separate agreement will be entered into.
The Client understands that purchase of the Product does not entitle the Client to additional free advice from Elke Clarke or Clarke Courses on how to make money on Zazzle, in any way, inside the scope of the Product nor on the Site, www.elkeclarke.com. If advice is provided, to the Client by Elke Clarke, it is given by Elke Clarke’s choice and not related to the purchase of the Product. In addition, the Client agrees that Elke Clarke and Clarke Courses will not be held responsible, in any way, for the outcome of the advice provided by Elke Clarke, if taken by the Client.
The Company respects Client’s privacy and insists that Client respect the Company’s. Any Confidential Information shared by any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the party who discloses it. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement. Both Parties will keep Confidential Information in strictest confidence and shall use their best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Elke Clarke will not, at any time, either directly or indirectly, disclose confidential information to any third party, unless it is for the sake of secure payment for the Product and management and provision of secure access to the members’ site on which the Product is hosted for the purpose of Client access and use of the components of the Product. Further, by purchasing this Product, the Client agrees that if he/she violates or displays any likelihood of violating confidentiality of the Company, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Intellectual Property Copyright Protection
Clarke Courses Inc.’s Product program is copyrighted and original materials that have been provided to Client in the form of the Product and otherwise, are for Client’s individual use only and are for single-user license ONLY. The Client is NOT authorized to use any of the Company’s intellectual property for the Client’s own business purposes, claim it as their own and can not redistribute the Product materials in whole or in part.
All intellectual property, including Company’s copyrighted Product program and/or course materials, shall remain the sole property of the Clarke Courses Inc. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this Product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Clarke Courses Inc.
Clarke Courses Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Clarke Courses Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Clarke Courses reserves the right, at our sole discretion, to modify or replace these Terms at any time. Clients shall be notified. What constitutes a material change will be determined at our sole discretion.
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of Client’s payment for the right to participate in Clarke Courses Products, client’s heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Clarke Courses and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where Programs using the Product content are being held (if applicable) and any of its owners, executives, agents, or staff of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from client’s participation in or use of the Product.
Severability / Waiver
If any provision of this Agreement is held to be invalid or unenforceable, then the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
The Parties agree and accept that the only venue for resolving such 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 Company or any of its programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.
Client may not assign this Agreement without express written consent of Company.
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, government travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for the Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
Limitation of Liability
Client agrees they used Company’s services at their own risk and that Product is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, guides, staff, participants, and related entities any way as well as the venue where programs using the Product are being held (if applicable) and any of its owners, executives, agents, or staff from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from Client’s use of the Product or participation in the programs using the Product. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company 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 Company’s services or participation in the Program using the Product. Company assumes no responsibility for errors or omissions that may appear in any of the Product materials. Client also understands that any testimonials or endorsements by Company’s customers or audience represented on the Company’s programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by the Company and the results experienced by individuals may vary significantly.
Every effort has been made to accurately represent this Product and its potential.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Zazzle Inc., Redwood, California (“Zazzle”), nor have they been reviewed tested or certified by Zazzle.
There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our Product, ideas and techniques. Clarke Courses do not position this Product as a “get rich scheme.”
Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, outside external factors which you have no control over, your knowledge and various skills. Since these factors differ according to individuals, Clarke Courses cannot guarantee your success or income level. Nor is Clarke Courses responsible for any of your actions.
Materials in the Product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our Product material.
If you have any questions about these Terms, please contact us at email@example.com.