Terms & Conditions for the 1:1 Strategy Call
By visiting and using any of the products and services (sometimes referred to as “Program”) sold by Julie Kim Consulting (d/b/a Passion Prep) (sometimes referred to as “us”), you (sometimes referred to as “Client”) agree that you have read, understood, and agree to the following Terms and Conditions (“Terms”).
PARTICIPANTS:
NOTE TO MINORS: You acknowledge that your parent or guardian has reviewed, understood and agreed to these Terms. Children under the age of 13 are not permitted to use this Program. Children between the ages of 13 and 18 must ask for their parent’s or guardian’s permission and agreement to these Terms before viewing our Program.
NOTE TO PARENTS/GUARDIANS OF MINORS: You acknowledge that you have reviewed, understood and agreed to these Terms (such Terms being interpreted as if they applied both to you and your minor child/ward) and have the legal authority to enter into these Terms on behalf of your minor child/ward.
Passion Prep reserves the right to offer additional program elements from time to time, for any subgroup of participants. These additional program elements are a bonus, not a part of the services included in the base version of the Program. The selection of the participants who may participate in any additional program elements is at the sole discretion of Passion Prep.
Passion Prep controls and operates the Program from offices in the United States. Passion Prep does not represent that the Program or its content are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY:
This Program includes materials protected by intellectual property laws, including without limitation written text, logos, photos, videos, music, art, designs and/or graphics. You may view and use materials from this Program for personal, noncommercial purposes only. Any reproduction or unauthorized use of any materials found on this program shall constitute infringement. Passion Prep’s Program is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license.
Sharing of login passwords with anyone other than the Client is not only unethical but illegal. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If Passion Prep reasonably suspects that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, Passion Prep may suspend or terminate your account and refuse any and all current or future use of the Program or its content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of Passion Prep’s website Privacy Policy.
Your use of any materials found in the Program other than that expressly authorized in these Terms or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Program, in addition to any legal or equitable remedies Passion Prep may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
You agree that any violation or threatened violation of the intellectual property rights in these Terms would cause irreparable injury to Passion Prep that may not be adequately compensated by damages, entitling Passion Prep to obtain injunctive relief, without bond, in addition to all legal remedies.
YOUR LICENSE TO PASSION PREP:
By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old or, if you are minor, have your parent or guardian’s permission to submit the material. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of Passion Prep’s current or future Program and content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by Passion Prep during the Program that may contain you, your voice and/or your likeness. In Passion Prep’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to Passion Prep or created by Passion Prep in connection with your participation in the Program, without compensation to you at any time, now or at any time in the future.
You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or Passion Prep, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our content at any time for any reason.
This means you give Passion Prep permission to use anything you submit or post in the Program or any third-party forum or website operated by Passion Prep, or anything captured by Passion Prep during your participation in the Program, including images in which your face is visible and recognizable.
CLIENT BEHAVIOR ON PASSION PREP/PROGRAM:
You are strictly forbidden from the following:
• Causing damage to the Program
• Harassing, fighting with, or being disrespectful to Passion Prep representatives or other participants
• Using the Program or any website or third-party forums operated by Passion Prep to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
• Sharing private and proprietary information from other participants with anyone else
• Discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels
• Using this program for any unlawful, illegal, fraudulent or harmful purpose or activity
• Using this program to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
• Systematically or automatically collecting data from this program
• Sharing private and proprietary information from online courses with anyone else
• Sharing any information you learn about other Program participants except in very rare circumstances where disclosure is required by law
Passion Prep may, without notice or refund, terminate or refuse access to its Program, in whole or part, to any person who fails to comply with these Terms.
You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Passion Prep website and any third-party forums operated by Passion Prep, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
Passion Prep, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
DISCLAIMERS:
This Program provides information only, and does not provide any financial, legal, medical or psychological services or advice. None of the content on this program prevents, cures or treats any mental or medical condition. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. Passion Prep disclaims any liability for your reliance on any opinions or advice contained in this program. This program is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You should consult with a professional if you have specific questions about your own unique situation.
You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and Passon Prep may be unlawfully intercepted by third parties not under our control. Passion Prep does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Passion Prep are done at your own risk.
INDEMNIFICATION:
You agree to defend, indemnify, release, and hold harmless Passion Prep and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Program or its content in violation of these Terms, (ii) any breach by you of these Terms or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to Passion Prep’s website or any third-party forum or website operated by Passion Prep, (iv) your use of materials or features available on the Program or its content (except to the extent a claim is based upon infringement of a third-party right by materials created by Passion Prep) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
IMPORTANT EARNINGS DISCLAIMER - NO GUARANTEE OF RESULTS OR EARNINGS:
You agree that Passion Prep has not made and does not make any specific representations about the earnings or results you may receive. Passion Prep cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results and earnings differ for each individual.
LINKS TO THIRD-PARTY PRODUCTS, SERVICES, OR SITES:
Any links to third-party products, services, or sites are subject to separate terms and conditions. Passion Prep is not responsible for or liable for any content on or actions taken by such third-party companies. Although Passion Prep may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
NO WARRANTY:
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS PROGRAM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PASSION PREP DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PASSION PREP DOES NOT WARRANT THAT THIS PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS PROGRAM, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PASSION PREP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THIS PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS PROGRAM.
GENERAL TERMS:
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws. The nearest state and federal courts to Dallas, Texas shall have exclusive jurisdiction over any case or controversy arising from or relating to this Program, including but not limited to the Privacy Policy or these Terms. By using this Program you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to these Terms, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. Any waiver by a party of a breach of these Terms does not equal approval or waiver by that party in any subsequent breach or violation.
This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
Passion Prep may change, modify or update these Terms at any time without notice. Any access or use of this Program by you after Passion Prep posts such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact info@passionprep.com.
Passion Prep controls and operates this Program from offices in the United States. Passion Prep does not represent that materials on this Program are appropriate or available for use in other locations. People who choose to access this Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
FINANCIAL OBLIGATION AND FEES:
The fee for this Program is the following: 1 payment of $700 USD.
TERMINATION AND CANCELLATION:
Passion Prep reserves the right in its sole discretion to refuse or terminate your access to the Program and its content, in full or in part, at any time without notice. Passion Prep may terminate your participation in the Program at any time, without refund, if you breach any part of these Terms. In the event of cancellation or termination, you are no longer authorized to access the part of the Program or its content affected by such cancellation or termination. The restrictions imposed on you in these Terms with respect to the Program and its content will still apply now and in the future, even after termination by you or Passion Prep.
If you would like to cancel your access and participation in the Program, you must provide the Company with written notice (including e-mail). Your access to the materials and Content of the Program will be immediately terminated upon your notice of cancellation. You will not be issued a refund for any remaining days or months of the Program after your cancellation.
In the event you decide to cancel, any remaining installment, default, or late payments will be due immediately.
REFUND:
We want you to be satisfied with your purchase and encourage you to take full responsibility and give your best effort to actively participate in the Program and apply all of the strategies you learn. Due to the extensive time and effort involved in creating and delivering the Program, we do not provide refunds.
FORCE MAJEURE:
Passion Prep shall not be deemed in breach of these Terms if it is unable to provide all of the Program or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of Passion Prep or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Passion Prep’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Passion Prep shall give notice to you of its inability to perform or of delay in completing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations, or may terminate these Terms.
CONTACT:
If you have any questions, please let us know by contacting our Support Team directly. The support desk can be reached at info@passionprep.com.