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Clarke Courses Inc. Terms and Conditions
Last updated: January 24, 2024
Please READ these Terms and Conditions (herein referred to as “Terms”, “Terms and Conditions”, “Conditions”) carefully before using any of the websites, including but not limited to, www.elkeclarke.com OR www.jenandelkeclarke.com www.CreateOnlineAndGrowRich.com OR www.EarnAroundTheWorld.com websites (herein referred to as “Site” or “Website”) and the private access course website at
https://elkeclarke.mykajabi.com/ and
and on Zoom, Facebook, Instagram or any other online platform used to deliver coaching and training by Clarke Courses Inc..
(herein referred to as “Site” or “Website”) owned and operated by Clarke Courses Inc. (herein referred to as “Clarke Courses” or “Company”).
By purchasing any of these products or services:
For the following Clarke Courses Inc. Products: (herein referred to as “Product”, “Products”)
The Profit by Design Academy® Classic Edition
The Profit by Design Academy® (Coaching Program)
The Wedding Invitation Bootcamp™
The Elements of Design Bootcamp™
E-Commerce Hashtags Made Easy™
The Perceivable, Passive, Profitable™ Online Event (Formerly The Creative Entrepreneur™ Online)
The ERSD Goal Setting Technique™ Training
Zazzle Store Branding Blueprint™
Pinterest Mastery™
Zazzle Bestseller Blueprint™
Zazzle Secrets Ebook™
The 7-Figure Seller Mastermind™
The Print on Demand Starter Kit™
Any additional offerings (free or paid) such as, but not limited to: Workshops, Bundles, Challenges, Books, Blog Posts, Video Tutorials, Group Coaching, Social Media Graphics, digital downloadable items etc.
(all of the listed are herein referred to as “Product” or “program of Product” or “Product’s program”) you (herein referred to as “Client”) agree to follow the Terms and Conditions stated herein this agreement.
Clarke Courses Inc. agrees to provide the Product, as identified in the online commerce shopping cart at the time of purchase. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Products’ program, in addition to agreeing to the Terms of Participation for the private Facebook Groups, Video Calls or other forms of communication and delivery of training material, which are part of the Product(s) offered by the Company.
Client’s access to and use of the Product is conditioned on Client’s acceptance of and compliance with these Terms outlined in this agreement.
These Terms apply to all visitors, users and others who access or use the Products and the Site.
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 and should not purchase the Product or access or use ANY PART of the free or paid offerings on the Company’s Websites.
Method of Payment
1 TIME PAYMENT
Client agrees to pay the set Product price, in one FULL payment, via Credit Card or PayPal or other forms of payment such as ApplePay etc., before receiving access to the Product. If payment is not received, the Company has the right to terminate the Client’s access to the Product.
PAYMENT PLANS
In the case of the PAYMENT OPTION PLANS OFFERED, which are at the sole discretion of Clarke Courses Inc. (in terms of time offered, payment method and with which Product), Client agrees to pay each payment as set out by the payment option plan the Client agreed to at time of purchase of the Product. 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.
In the case of the monthly COACHING PROGRAM fees for alumni who received a subscription option in 2021 / 2022 to renew, the Client can pay via Credit Card, PayPal or ApplePay etc if offered by Clarke Courses Inc. as an option on a per Product basis. Client agrees to pay each payment as set out by the payment option the Client selected and purchased.
COACHING PROGRAMS –
The Profit by Design Academy®
7-Figure Seller Mastermind™
The Client agrees to commit to the terms of ANY COACHING PROGRAM offered by Clarke Courses Inc., including payment of the entire price whether the Client continues to use the coaching program during the term of purchase or not.
Specifically for The Profit by Design Academy®:
As of Sept 2021 The Profit by Design Academy® is now only a Coaching Program which is a year long. If you wish to join as an alumni of The Profit by Design Academy® digital course (pre – June 2021) the term is ONE year with the option to renew for additional terms of 1 year.
There is NO discount for access to the coaching program for having purchased The Profit by Design Academy® digital course in the past (pre June 2021) or PDA Classic Edition (Available as of 2023).
There are discounts for clients who have gone through the 1 year The Profit by Design Academy® Coaching Program if they want to resign for another year or add on the PDA Classic Edition (Available as of 2023).
Only for founding members who were able to pay monthly through a subscription model and have access to The Profit by Design Academy® coaching program: To cancel an ongoing payment option acquired as part of the FOUNDERS PRICE Special (pre September 2021), the Client must provide a written request via email to support@elkeclarke.com addressed to Clarke Courses Inc. stating that the Client wishes to cancel the coaching program with a MINIMUM OF 30 DAYS NOTICE PRIOR. See the section below under “Termination” for more details.
For both:
The Profit by Design Academy® (one year coaching program)
7-Figure Seller Mastermind™ (one year coaching program)
As of September 2022, the Client is obligated to pay for the one year term they signed up for. If the client does not use the coaching, the Client is still obligated to pay the 12 monthly payments.
The Client can renew for additional yearly terms at the posted rate and conditions at the time of renewal.
COACHING PRICING
Clarke Courses Inc. has the right to change the price or the payment options available for each Product.
Timing / One Year Term Designation
The month in which the Client signs up counts as the first month of their 12 month access. For example: The Client signs up on ANY day in July 2022, then the term ends June 30, 2023.
The Client will receive access to the Product or specific components of the Product as outlined in the Product options and terms under which Client entered into the contract at time of purchase and then subsequently the new description / terms at the time of renewal.
NEW MEMBERSHIP OR COACHING PROGRAM TERMINATION
Clarke Courses Inc. can at any time terminate any membership / subscription or coaching product. If the Client purchased a previous membership or coaching product, which a new membership or coaching DOES NOT replace, Clarke Courses Inc. DOES NOT have to offer the Client the option to move to the NEW membership or coaching Product at the previous membership price. If the membership or coaching Product is terminated Clarke Courses Inc. DOES NOT have to offer the Client access to the training material associated with the membership or coaching Product as the membership or coaching Product no longer exists and thus the lifetime access ceases with the closure of the membership or coaching Product.
LIFETIME ACCESS LIMITATIONS
The Company, in good faith, will attempt to continue to provide the Product as long as possible where “lifetime access” has been offered at the time of purchase, including access to any updates to Products or new Products that replace the one the Client has purchased. However, Clarke Courses Inc. has the sole right to discontinue any Product, any time, for any reason, even if the Product was offered with “lifetime access” and is in no way obligated to provide continued access to the training material or a replacement or an alternative nor compensation.
The Company is not obligated to refund the Client the purchase price nor offer the client a replacement if the Company discontinues or no longer offers the Product the Client purchased in the past from Clarke Courses Inc..
For membership or coaching Products there is no “lifetime access”. The 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 and then subsequently at the time of renewal. If the client cancels a membership or coaching Product from Clarke Courses Inc. or Clarke Courses Inc. terminates a membership or coaching Product, the Client will no longer have access to the contents of the membership or coaching Product.
Refund / Updates / Product Accessibility / Termination
There will be NO REFUNDS after the Client has purchased the Product unless stipulated on the offer.
Clarke Courses Inc. is in no way obligated to issue a refund. However, Clarke Courses Inc. at its own discretion can issue a refund for a reason the Company feels warranted on a case by case basis, where Clarke Courses Inc. makes the final decision.
If a program is terminated by Clarke Courses Inc. before the program is fulfilled, the client is still obligated to pay the remaining balance due. There will be no refunds as the company will do it’s best to provide a similar alternative equal to the price / value of what remains outstanding of the term of the program.
The Company’s Coaching Products can only be canceled after the number of MONTHS commitment stipulated in the terms of that Product’s purchase terms at the time of purchase whether the client participates in the coaching program or not. As of August 16, 2021 the minimum number of months commitment in The Profit by Design Academy® Coaching Program is 12 months. If Client has fulfilled the required monthly or yearly payments and wishes to withdraw from the coaching program, the Client must provide 30 days notice PRIOR to the end of the year term otherwise an additional payment (as per the terms of purchase per Product) is owed and signifies that the client is interested in renewing for another year.
There are NO REFUNDS or deferrals of the number of months Client has access to any of the Client’s Coaching Programs due to unforeseen circumstances such as, but not limited to, having COVID or other health issues, job loss, death in family, non-use, etc.
IF YOU, AS THE CLIENT, ARE NOT SURE ABOUT WHETHER YOU CAN COMMIT TO THE COMPANY’S PRODUCTS AND FULLY PAY FOR THEM, PLEASE DO NOT PURCHASE.
Clarke Courses Inc. will not tolerate threats of being reported to the BBB or any other agency as a means to get a refund for reasons that do not warrant a refund when Clarke Courses Inc. is not the reason for the Client requesting a refund, such as, but not limited to “the Client does not have time” or “the Client does not have a functioning and accessible Facebook account” or “the Client finds it too hard or it is beyond their abilities” or “the Client does not have internet access or the equipment / programs to complete the course material” and “the Client is not achieving the results (financial or otherwise) that they wanted” and so on.
Clarke Courses Inc. recommends the Client rather not enter into a purchase agreement with the Company if the Client in any way is not fully committed to do the work and prepared to pay the full costs.
If payment installments in any PAYMENT PLAN PRODUCT OPTIONS offered by Clarke Courses Inc. are not received at the time stipulated by the payment plan on the Product the Client purchased, then Clarke Courses Inc. has the right to terminate Client’s access to any or all parts of the Product the Client purchased at any time. The payments already received by Clarke Courses Inc. for any Product, prior to termination by Clarke Courses are NONREFUNDABLE.
Clarke Courses Inc. also can, at its sole discretion, request in writing to the Client that the remaining outstanding payments owed, for the Product the Client purchased, be paid in full and use collection agencies, if necessary, to ensure that the Client remits the owed amount to Clarke Courses Inc., irrespective of whether the Client used the Product or not.
For the one time payment or 12 monthly payments for The Profit by Design Academy® or The 7-Figure Seller Mastermind™ the Client agrees that if they request to terminate the coaching program before the 1 year is over they are still responsible for the amount owing of the 12 monthly payments and will not be refunded if they paid a one time payment.
For the Client who signed on for the FOUNDERS PRICE Special (pre Sept 2021) and has completed the initial 1 year in The Profit by Design Academy®, the Client will be offered the rate outlined in the original contract if the Client chose the 1x payment for the initial payment and the 3 month commitment at the special monthly rate. If the Client used the 12 month payment option, they will be offered the option to sign up for another year at the posted rate after they finish paying the 12 month payment plan for The Profit by Design Academy® Coaching Program unless the client notifies Clarke Courses Inc. in writing of their intent to cancel after one year. The Client can cancel with written notice 30 days BEFORE their year long term ends.
Clarke Courses Inc., reserves the right, any time in the future, to discontinue the monthly payment plan option and revert to a yearly fee payment plan or vice versa, even if Clients are currently in one of the other payment options.
If the Client cancels their subscription to the coaching Products access will be terminated to The Profit by Design Academy® Coaching Program on Kajabi (Assets and PDA 2023 New Digital Course), the private PDA CP Community, and access to Jen and Elke Clarke and anyone from Clarke Courses Inc. in a coaching capacity.
If payments for The Profit by Design Academy® Coaching Program are not received at the time stipulated by the payment plan, as well as the months Client agreed to pay for as outlined by the description of the Product at the time of purchase of the Product, then Clarke Courses Inc. has the right to use means to collect payments owed for the outstanding amount of the payment agreement, as well as have the right to terminate the Client’s access to any or all parts of the Product the Client purchased upon failure to pay. The payments already received by Clarke Courses Inc. for any Product or The Profit by Design Academy® Coaching Program, prior to termination by Clarke Courses are NONREFUNDABLE.
Clarke Courses Inc. also reserves the right to discontinue any or all Product access to the Client for any reason, at the sole discretion of Clarke Courses Inc. without refund.
Clarke Courses Inc. will make every effort to keep the Product current, based on the changes occurring on Zazzle Inc., Redwood, California (“Zazzle”), however, Clarke Courses Inc. 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, or discontinued at any time, rests exclusively with Clarke Courses Inc..
Client’s Responsibility to Understand the Conditions Under Which They Are Using The Product – Earnings Disclaimer and Client Understanding
The Products offered by Clarke Courses Inc. are strictly for educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from completing the tasks outlined in a 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, 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, even if the Company and its employees and contract workers, are providing advice specifically to one Client and their specific situation.
The Company assumes no responsibility for errors or omissions that may appear in any program materials. The Company also assumes no responsibility for advice provided under the Companies Products or in any venue or format used by Clarke Courses Inc.’s owners, its employees and contract workers, to help fulfill the aspects and components of the Product.
Independent Contractor
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.
Disclaimer
The Client understands that Elke Clarke, Jen Clarke and Clarke Courses Inc. and its employees and contract workers has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for the 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 Clarke Courses Inc.’s or 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 a 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, Jen Clarke or Clarke Courses Inc. and its employees and contract workers on how to make money on Zazzle or any other topic, in any way, inside the scope of the Product nor on the Site nor outside through any means of contact.
If advice is provided to the Client, it is given by the choice of the Company (via Elke Clarke or Jen Clarke or Clarke Courses Inc. and its employees and contract workers) and not related or as an obligation due to the purchase of the Product. In addition, the Client agrees that Elke Clarke, Jen Clarke or Clarke Courses Inc. and its employees and contract workers will not be held responsible, in any way, for the outcome of the advice provided, if taken by the Client.
Confidentiality and Privacy
In addition to the confidentiality and privacy terms stated below, please read the Company’s Privacy Policy at https://elkeclarke.com/privacy-policy
The Company respects the Client’s Privacy and the Client agrees to respect the Company’s Privacy. 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 or being a current or past Client of the Company.
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 the 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, social media user names or addresses. In addition, the Client agrees to keep the identity and personal information of each Client of Clarke Courses Inc. private. Certain private information about the Clients in the Company can be known by being a member of the private Facebook groups associated with the Company’s Products’ Programs or in other ways of interacting with the Company’s Clients, such as but not limited to, Company masterminds, Company online video training or coaching sessions.
Due to this access of confidential Privacy information in theses private Company settings, any Client of the Company, present or past, may NOT, in any way, use the this Confidential Client List Information to directly or indirectly, solicit another Client, past or present, for the purposes of financially profiting or reveal the Client list information to a third party for any reason without the consent of the other Client.
Also, no Client, past or present, without written permission of the Company, will be allowed to promote and/or sell a product or service to any Client of the Company (past or present). No Client will be allowed to use the Company’s private Facebook groups or any other situation or platform, in which the Company brings the Clients of the Company together online or physically, to solicit a product or service which has not been approved in writing by the Company. Failure to comply will result in immediate termination from all Clarke Course Inc. Products and associated bonuses without refund, as well as appropriate legal action.
Additionally, officers of the Company 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 of payment reporting, taxation etc, management and provision of secure access to the members’ site on which the Products are 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 the confidentiality or privacy 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 Products are copyrighted and original materials that have been provided to Client in the form of the Product and are for Client’s individual use only with a single-user license.
The proprietary information the Client receives through the Company’s Products, in addition to other means of communication, such as but not limited to, email, video Zoom calls and Facebook trainings by Clarke Courses Inc. about any topic including, but not limited to, what sells and doesn’t sell on Zazzle or on any online platform or physical venue, is for solely the Client’s personal use with the sole purpose of generating income on Zazzle. It can NOT be passed on / shared etc. by the Client or the Client’s company(s) for noncommercial use or commercial gain through any form of information transfer.
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 cannot redistribute the Product materials in whole or in part under any circumstances (for free or for profit).
Nor can a Client create a product for sale based on or be similar to the Company’s Product. This includes, but is not limited to; proprietary teachings / methods / materials / course structure / worksheets / research and analysis methods / task schedules etc. of the Company’s Products and Product’s programs.
All intellectual property, including Company’s copyrighted Product course materials, including all video recordings and text in the Products’ Private Facebook groups, 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. 4) Client agrees to not use any material from any Product or proprietary information received from Clarke Courses Inc. through any form of communication to develop their own products for commercial or noncommercial use or up branding without prior approval from the Company, providing the Company compensation, and the Company providing written permission to the Client.
Further, by purchasing this Product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in these Terms, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations, in addition to the Company having the right to terminate the Client’s access to all the Products the Client purchased from the Company without reimbursement.
Text, Video and Photography Release
By agreeing to this contract, the client agrees to allow Clarke Courses Inc. to use any video, text, image, or likeness or sound of your voice posted or created both in private areas that Clarke Courses Inc. conducts business in as well as in public areas on social media, emails, websites etc. where clients are posting results or content related to or a result of Clarke Courses Inc. training the client took.
You hereby grant permission to Clarke Courses Inc., the rights of video and other forms of footage or images or written text of critiques Jen and Elke do using your Zazzle products, AND your personal image, in video or still, and of the likeness and sound of your voice as recorded on audio or video tape, captured during a live training session, without payment or any other consideration as well as text written by you about the products listed in this document and your feedback and experience with them such as but not limited to; emails, FB posts, IG posts / stories / comments on blog posts.
You understand that your image may be edited, copied, exhibited, published or distributed and you waive the right to inspect or approve the finished product wherein your likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of your Zazzle products used in the training and your image or recording. You also understand that this material may be used in diverse educational settings and as promotional material within an unrestricted geographic area. Photographic, audio or video recordings may be used for ANY USE which may include but is not limited to: Presentations, Courses, Online/Internet Videos, Media, Press etc.
By agreeing to the terms at the time of purchase you understand this permission signifies that text you wrote and photographic or video and audio recordings of you may be electronically displayed via the Internet or physically reproduced or used in the public educational and promotional setting. You will be consulted about the use of the text, photographs or video recording for any purpose other than those listed above. There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed. This release applies to text, photographic, audio or video recordings collected as part of the products / events listed on this document only.
Links To Other Websites
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.
Changes
Clarke Courses Inc. reserves the right, at its sole discretion, to modify or replace these Terms at any time. The Client is responsible for checking the Terms regularly using the link on the homepage where these Terms reside.
Indemnification
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.
Non-Disparagement
The Parties, Client and Company, 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.
Assignment
The Client may not assign this Agreement without express written consent of the Company.
Notices
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.
Force Majeure
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, disease, curtailment or interruption of transportation facilities, threats or acts of terrorism, government travel advisory, states of emergency, 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 use Company’s services at their own risk and that Product is only an educational service being provided. Client releases Company, its officers, employees, contract workers, 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.
Earnings Disclaimer
Every effort has been made to accurately represent the Company’s Products and the potential of each. All training by Clarke Courses Inc. is classified as “Educational Training” and in no way implies a guarantee of monetary earnings or success.
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, the Client, will earn any money using the techniques and ideas in these Products and, but not limited to, the materials on the Site and the Company’s YouTube Channel, Facebook Pages, Facebook Groups, Instagram, Podcast, Pinterest, Twitter, LinkedIn etc.. 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 the Company’s Product, ideas and techniques. Clarke Courses Inc. does NOT position any of its Products as a “get rich schemes.”
Any claims made of actual earnings or examples of actual results can be verified upon request. Your (the Client’s) level of success in attaining the results claimed by the Company by using the Products depends on the time you devote to the carrying out the teachings of the Products, along with implementing the ideas and techniques mentioned, your (the Client’s) finances, outside external factors which you have no control over, your knowledge and various skills. Since these factors differ according to individuals, Clarke Courses Inc. cannot guarantee your (The Client’s) success or income level. Clarke Courses Inc. is NOT responsible for any of your (The Client’s) actions.
Materials in the Products and on the Company’s website (Site) 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 the Client’s actual results and no guarantees are made that the Client will achieve results similar to Elke Clarke’s or any other Client’s results used in marketing material or other Client’s that the purchasing Client would have contact with in the Product’s venues or anybody else’s success, in fact no guarantees are made that you, the purchasing Client, will achieve any results from the Company’s ideas and techniques in the Company’s Products.
Contact Us
If you have any questions about these Terms and Conditions, please contact us at info@elkeclarke.com.
