Terms & Conditions Â
Please READ carefully, as this pertains to the Agreement of your registration with any of the products sold (sometimes referred to as “Program” or “Programs”) by SEAR Group Holdings, LLC (sometimes referred to as “Company” or “SEAR”).
By signing up or purchasing our products, you (sometimes referred to as "Client") agree to the following terms stated. Angie Robertson, Suzee Edwards, SEAR and Client may sometimes be referred to herein as “Parties” or individually as “Party”.
PROGRAMS
SEAR agrees to provide course content, identified primarily as online courses and information, to help Client in her or his coaching businesses. From time to time, Client may not have a coaching business and the information contained in the Programs may be applied to Client’s life and/or other business. Client agrees to abide by all policies and procedures outlined in this Agreement as a condition of their participation in any of our Programs.
DISCLAIMER
Client understands that Angie Robertson, Suzee Edwards and SEAR are not her or his employee, agent, lawyer, doctor, manager, therapist, business manager, registered dietician, financial analyst, psychotherapist or accountant. Client understands her or his participation in the Program will not treat or diagnose any disease, illness, or ailment and if she or he should experience any such issues they should see her or his registered physician or other practitioner as determined by her or his own judgment.
Client understands that neither Angie Robertson, Suzee Edwards, nor SEAR, has promised, nor shall be obligated to, the following:
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Success in business, results, and sales for the Client.
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Provide assistance, as either coach or mentor, with consultations for future business contracts made by Client.
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Introduce Client to SEAR’s full network of contacts, media, or business partners.Â
Client understands that a relationship does not exist between the Parties after the conclusion of the Program unless a separate agreement has been agreed to in writing.
FINANCIAL OBLIGATION
Client is responsible for the completion of all payment plans associated with products they purchase. We reserve the right to seek recovery of any monies remaining unpaid, and may use a collection agency if needed.
METHODS OF PAYMENT
We accept Visa, Mastercard, and American Express as a form of payment. If Client chooses to pay by monthly installments, she or he authorizes the monthly charge for the product on the Client`s credit card or debit card.
REFUNDS
All sales are final unless a refund policy is explicitly stated at the time of purchase. If a refund policy is offered, a request for a full refund must be submitted in writing to our support team at [email protected] Â within the specified refund period. Any refund requests received beyond the stated period may not be honored, and the purchaser remains responsible for full payment of all fees associated with the product, regardless of participation or completion status.
If no refund policy is stated on the enrollment page, the purchase is non-refundable. SEAR reserves the sole right to make exceptions.
Please note:
All refunds are discretionary as determined by SEAR. If you have any questions, contact us at [email protected].
As mentioned above, all refunds are discretionary. If you just download material (PDFs, audios, videos, additional workbooks, and/or etc.), and then promptly ask for a refund, we reserve the right to deny your refund request.
CONFIDENTIALITY
SEAR respects Client’s privacy and insists that the Client respects SEAR’s privacy. Thus, consider this a mutual non-disclosure agreement. Any confidential information shared by SEAR Participants or any representative of SEAR is confidential, proprietary, and belongs solely and exclusively to the Client or SEAR representative who discloses it. Parties agree not to disclose, reveal, or make use of any confidential information or any transactions during discussions, in any forum or otherwise. SEAR takes Client’s client confidentiality very seriously. As such, DO NOT disclose any confidential information about your clients. You agree that SEAR has no responsibility for any disclosures you make.Â
Confidential information shall not include information rightfully obtained from a third party.
Parties will keep private 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 Publicity or Privacy Rights belonging to SEAR. Furthermore, Client will NOT reveal any information to a third party obtained in connection with this Agreement or our direct or indirect dealings with Client, including but not limited to, names, email addresses, third-party names, company titles or positions, phone numbers, or postal addresses. Additionally, Client will not, at any time, either directly or indirectly, disclose confidential information to any third party.
By purchasing our products, you agree that if you violate or display any likelihood of violating this Agreement, SEAR and/or other program participants will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
CLIENT RESPONSIBILITY
Products developed by SEAR are for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from products developed by SEAR. SEAR makes no representations, warranties, or guarantees verbally or in writing. Client understands that because of the nature of products developed by SEAR and their extent, the results experienced by each Client (and Client’s clients) 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 participation in products developed by SEAR. SEAR program 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 individual. SEAR assumes no responsibility for errors or omissions that may appear in any program materials.
MISCELLANEOUS
LIMITATION OF LIABILITY
Client agrees they used SEAR’s services at their own risk and that Programs are an educational service being provided. Client releases SEAR, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, guides, staff, participants, guest speakers, and related entities in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) 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 my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that SEAR 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 SEAR’s services or enrollment in any Program. SEAR assumes no responsibility for errors or omissions that may appear in any of the program materials.
NON-DISPARAGEMENT
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, SEAR or any of its programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.
INDEMNIFICATION
Client shall defend, indemnify, and hold harmless SEAR, SEAR’s officers, employers, employees, contractors, directors, members, managers, 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 SEAR, or any of its directors, members, managers, trustees, affiliates or successors. Client shall defend SEAR in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of SEAR’s directors, members, managers, trustees, affiliates or 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 SEAR Programs, the undersigned, your heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge SEAR and its subsidiaries, principals, directors, employees, members, managers, 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 the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) 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 my participation in the Programs.
NO TRANSFER OF INTELLECTUAL PROPERTY
Company’s Programs are copyrighted and original materials that have been provided to Client and are for Client's use. Client has a limited license to use the Company’s intellectual property for Client's business purposes. However, all intellectual property, including Company’s copyrighted Programs and/or course materials, shall remain the sole property of SEAR. No license to sell or distribute SEAR’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 as approved by the Company. Further, by purchasing Programs, 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.
INDEPENDENT CONTRACTOR STATUS
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.
FORCE MAJEURE
In the event that any cause beyond the reasonable control of the Parties, including, without limitation, acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for Company to perform its obligations under this Agreement, then Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
SEVERABILITY/WAIVER
If any provision of this Agreement is held to be invalid or unenforceable, 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.
ASSIGNMENT
Client may not assign this Agreement without express written consent of Company.
MODIFICATION
Company may modify terms of this Agreement at any time. All modifications shall be posted on the Company’s website.
TERMINATION
Company is committed to providing Client in its Programs with positive experiences. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client's participation in the Program without refund or forgiveness of monthly payments if Client: becomes disruptive to Company or other participants, Client fails to follow Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of other terms as determined by Company. Client will still be liable to pay the total contract amount.
RESOLUTION OF DISPUTES
If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The Parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) 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 a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
EQUITABLE RELIEF
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
NOTICES
Any notices to be given hereunder by either Party to the other may be affected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: hello[at]searcoach[dot]com. 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 State of Texas, United States of America.
AGREEMENT TO RECEIVE TEXT MESSAGES
By providing your mobile number, you agree that SEARÂ may send you periodic SMS or MMS messages containing but not limited to important information, updates, deals, and specials.
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You will receive up to 4 messages per month.
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You may unsubscribe at any time by texting the word STOP
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Message and data rates may apply.
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United States Participating Carriers Include AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular®, MetroPCS®, InterOp, Cellcom, C Spire Wireless, Cricket, Virgin Mobile and others.
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T-Mobile is not liable for delayed or undelivered messages.
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You agree to notify us of any changes to your mobile number and update your account with us to reflect this change.
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Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, and the date, time and content of your messages, as well as other information that you provide. We may use this information to contact you and to provide the services you request from us.
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By subscribing or otherwise using the service, you acknowledge and agree that we will have the right to change and/or terminate the service at any time, with or without cause and/or advance notice.
If you have any questions please contact SEAR.
Will I be charged for the text messages I receive?
Though SEAR will never charge you for the text messages you receive, depending on your phone plan, you may see some charges from your mobile provider. Please reach out to your wireless provider if you have questions about your text or data plan.
EARNINGS DISCLAIMER:
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT OUR PRODUCTS AND PROGRAMS AND THEIR POTENTIAL. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES GIVEN ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS OR SUCCESS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCTS, IDEAS, AND TECHNIQUES. WE DO NOT PURPORT ANY OF OUR PRODUCTS TO BE 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 OUR PROGRAMS, IDEAS, AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE, AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO THE INDIVIDUAL, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCTS AND ON 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 MAY 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 MATERIALS, ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS ARE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR THE TESTIMONIALS OF OUR CLIENTS. IN FACT, NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM THE IDEAS AND TECHNIQUES IN OUR MATERIAL.Â
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