PLEASE READ THE TERMS OF USE FOR THE PROGRAM CAREFULLY AND IN THEIR ENTIRETY BEFORE PURCHASING AND USING ACTIVATE (HEREINAFTER REFERRED TO AS THE “PROGRAM”). THE PROGRAM AND ITS CONTENT ARE OWNED BY RACHEL NGOM + RACHEL NGOM INTERNATIONAL.

DEFINITIONS:

“COMPANY”, “WE”, “I”, “OUR”, OR “US” MEANS RACHEL NGOM + RACHEL NGOM INTERNATIONAL.

“PARTICIPATION”, “PARTICIPATING”, “USING”, OR “USE” MEANS READING, IMPLEMENTING, TRYING, OR OTHERWISE ENGAGING IN THE PROGRAM.

“YOU” OR “YOUR” MEANS THE PURCHASER AND PERSON USING THE PROGRAM.


2. PAYMENT:
 
IF YOU CHOOSE TO PAY IN FULL, YOU MAY PROCESS THE PAYMENT ONLINE OR VIA WIRE TRANSFER. IF YOU CHOOSE A PAYMENT PLAN, YOU WILL HAVE AN OPTION BETWEEN TWO PLANS AND WILL SELECT ONE OPTION IN AN INVOICE THAT YOU WILL RECEIVE 7 DAYS AFTER YOU PROCESS YOUR DEPOSIT PAYMENT. YOU WILL THEN BE BILLED EVERY 30 DAYS FOR THE TOTAL OF THE PAYMENT PLAN TERM.

 
3. DISCLAIMER:
 
BY PARTICIPATING IN THE PROGRAM, YOU UNDERSTAND THAT RACHEL NGOM IS A BUSINESS COACH.
 
THIS PROGRAM IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THE INFORMATION AND EDUCATION PROVIDED IN THIS PROGRAM IS NOT INTENDED OR IMPLIED TO SUPPLEMENT OR REPLACE THE PROFESSIONAL ADVICE OF AN ATTORNEY, ACCOUNTANT, AND/OR FINANCIAL ADVISOR. YOU SHOULD CONSULT WITH A PROFESSIONAL WHERE YOU LIVE IN-PERSON IN THOSE AREAS (FINANCIAL, LEGAL, ACCOUNTING, ETC.) TO DISCUSS ISSUES OR QUESTIONS PERTAINING TO YOUR PARTICULAR LEGAL, FINANCIAL, OR BUSINESS SITUATION.
 
ALTHOUGH WE DO OUR BEST TO MAKE SURE ALL OF THE PROGRAM’S CONTENT IS UP TO DATE AND/OR ACCURATE, WE DO NOT MAKE ANY REPRESENTATION THAT ALL THE INFORMATION IS ACCURATE OR FREE OF ERRORS AT ALL TIMES. WE DO NOT ASSUME ANY RESPONSIBILITY FOR ACCURACY OF THE PROGRAM’S INFORMATION, OR ITS SAFETY OR EFFICACY AS IT APPLIES TO YOU.

 
4. ASSUMPTION OF THE RISK
 
YOU SHOULD USE YOUR BEST JUDGMENT IN USING THE INFORMATION PROVIDED IN THE PROGRAM, WHICH IS DONE AT YOUR OWN RISK. IT IS YOUR RESPONSIBILITY TO DISCERN THE RISK OF USING THE PROGRAM OR ITS CONTENT. YOU ASSUME RESPONSIBILITY FOR YOUR ACTIONS, CHOICES, OR LACK THEREOF, RELATED TO THE PROGRAM.

 
5. INTELLECTUAL PROPERTY OWNERSHIP:
 
THE PROGRAM AND ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL COURSE CONTENT, IE: MODULES, PDF DOWNLOADS, AND VIDEOS ARE INTELLECTUAL PROPERTY OWNED BY RACHEL NGOM + RACHEL NGOM INTERNATIONAL. ANY VIOLATIONS OF THIS TERM, AND ALL TERMS CONTAINED HEREIN, WILL BE LEGALLY PURSUED TO THE FULLEST EXTENT PERMITTED BY LAW.

 
6. PURCHASE & ACCESS TERMS:
 
YOU CANNOT DISTRIBUTE, COPY, FORWARD, AND/OR SHARE THE PROGRAM OR ITS CONTENT WITH ANYONE ELSE. ANY VIOLATIONS OF THESE TERMS OF USE WILL BE LEGALLY PURSUED TO THE FULLEST EXTENT PERMITTED BY LAW.
 
YOU MAY NOT SHARE YOUR PASSWORD OR LOGIN INFORMATION WITH ANYONE. IF YOU SHARE YOUR PASSWORD OR LOGIN WITH ANYONE WHO DID NOT PURCHASE THE PROGRAM, YOU WILL BE REMOVED FROM THE PROGRAM IMMEDIATELY AND NO REFUND WILL BE ISSUED.
 
 
SHOULD THE COMPANY BE UNABLE TO OFFER CLIENT ANY MATERIAL ELEMENT OF THE PROGRAM DETAILS ENUMERATED DUE TO BUSINESS CONSIDERATIONS OR ACTS OF GOD, WAR, OR UNFORESEEABLE EVENTS OUTSIDE OF THE CONTROL OF EITHER PARTY, CLIENT SHALL ACCEPT SUCH REASONABLY COMPARABLE BENEFIT AS COMPANY MAY OFFER IN SUBSTITUTION, WITHOUT DIMINISHING THE CLIENT FEE PAYABLE TO COMPANY HEREUNDER.

 
7. NO CLAIMS MADE REGARDING RESULTS:
 
ANY AND ALL CURRENT OR PAST-CLIENT TESTIMONIALS, STATEMENTS, OR EXAMPLES USED BY US ARE SIMPLY THAT: EXAMPLES. THEY ARE NOT GUARANTEES THAT YOU WILL ALSO EXPERIENCE OR RECEIVE THE SAME RESULTS. EACH PERSON AND HIS/HER CIRCUMSTANCES ARE UNIQUE AND NOTHING SHALL BE INTERPRETED AS A GUARANTEE THAT YOU WILL EXPERIENCE THE SAME RESULTS AS ANOTHER CLIENT OF OURS.
 
WE DON’T MAKE ANY ASSURANCES AS TO ANY PARTICULAR FINANCIAL-BASED OUTCOME BASED ON THE USE OF, OR PARTICIPATION IN, THE PROGRAM. WE ARE NOT RESPONSIBLE FOR THE SUCCESS OR FAILURE OF YOUR BUSINESS, BUSINESS DECISIONS, INCOME, PROFITS, LOSSES, REVENUE, SALES, OR ANY OTHER RESULT OF ANY KIND THAT YOU MAY HAVE AS A RESULT OF YOUR PARTICIPATION IN THE PROGRAM.

 
8. DISCLAIMER - NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS ARE BEING MADE:
 
WE DO NOT OFFER ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES, OF ANY VARIETY, REGARDING THE PROGRAM IN ANY WAY INCLUDING, BUT NOT LIMITED TO, YOUR FUTURE INCOME, SALES, POTENTIAL, PROFITABILITY, OR LOSSES DERIVED AS A RESULT OF YOUR USE OF THE PROGRAM. THE PROGRAM IS OFFERED “AS IS” AND WITHOUT REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NEITHER EXPRESS NOR IMPLIED, TO THE EXTENT PERMITTED BY LAW. WE ARE NOT LIABLE FOR DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE PROGRAM.

 
9. YOUR RELEASE OF US, INDEMNIFICATION, HOLD HARMLESS:
 
TO THE FULLEST EXTENT PERMITTED BY LAW, RACHEL NGOM INTERNATIONAL EXPRESSLY DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT, AND/OR CONSEQUENTIAL DAMAGES SUFFERED BY YOU RELATED TO YOUR PURCHASE OR USE OF, OR PARTICIPATION IN, THE PROGRAM, ITS MATERIALS, OUR WEBSITE, OR ANY OTHER INFORMATION OBTAINED BY YOU FROM US. BY ENROLLING IN THE PROGRAM, YOU HEREBY AGREE TO THIS LIMITATION OF LIABILITY AND RELEASE RACHEL NGOM INTERNATIONAL FROM ANY AND ALL CLAIMS.
 
BY PARTICIPATING IN AND/OR PURCHASING THE PROGRAM, YOU AGREE TO RELEASE, FORGIVE, FOREVER DISCHARGE, DEFEND, INDEMNIFY, AND HOLD HARMLESS RACHEL NGOM INTERNATIONAL, OUR SUBSIDIARIES, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, SHAREHOLDERS, DIRECTORS, OFFICERS, COACHES, ASSIGNEES, LICENSEES, AND AFFILIATES FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, CHARGES, DEMANDS, LIABILITIES, DAMAGES, JUDGMENTS, AND/OR COSTS, RELATED TO, OR ARISING OUT OF, YOUR PURCHASE OF OR PARTICIPATION IN THE PROGRAM AND/OR YOUR BREACH OF ANY OBLIGATION, WARRANTY, COVENANT, OR REPRESENTATION SET FORTH IN THESE TERMS OF USE.
 
BY ENROLLING IN THE PROGRAM, YOU AGREE TO RELEASE US FROM ANY AND ALL CLAIMS, AND FURTHER AGREE TO AT ALL TIMES DEFEND, INDEMNIFY, AND HOLD HARMLESS RACHEL NGOM INTERNATIONAL AS STATED IN THIS SECTION HEREIN.

 
10. REFUND POLICY:
 
WE WILL DO EVERYTHING WITHIN OUR ABILITY (AND WITHIN REASON) TO ENSURE YOUR SATISFACTION. REFUNDS WILL NOT BE ISSUED FOR COACHING SERVICES ALREADY CONDUCTED. IF YOU WISH TO REQUEST A REFUND, YOU MAY BUY OUT OF THE PROGRAM BY PROVIDING PAYMENT FOR 50% OF THE TOTAL COST OF THE REMAINING PROGRAM FEES. THERE ARE NO REFUNDS FOR PAYMENTS ALREADY MADE AND/OR PAY IN FULLS. IF YOU HAVE ANY QUESTIONS OR CONCERNS, OR IF THERE IS ANYTHING WE CAN DO TO MAKE YOUR EXPERIENCE A MORE PLEASANT ONE, PLEASE EMAIL US AT CLIENTCARE@RACHELNGOM.COM.

 
11. ARBITRATION CLAUSE:
 
IF YOU HAVE ANY COMPLAINT OR SHOULD ANY ISSUE ARISE IN THE USE OF THE PROGRAM, PLEASE CONTACT US DIRECTLY FIRST BY EMAILING RACHEL NGOM AT CLIENTCARE@RACHELNGOM.COM
 
HOWEVER, IF WE ARE UNABLE TO AMICABLY RESOLVE YOUR DISPUTE IN THAT MANNER, YOU AGREE THAT YOU AND RACHEL NGOM + RACHEL NGOM INTERNATIONAL SHALL SUBMIT YOUR DISPUTE TO BINDING ARBITRATION WITH THE AMERICAN ARBITRATION ASSOCIATION, BEFORE AN ARBITRATOR THAT IS MUTUALLY AGREED UPON, IN ACCORDANCE WITH THE AMERICAN ARBITRATION ASSOCIATION’S (“AAA”) RULES.
 
BY AGREEING TO THIS TERM, YOU HEREBY AGREE AND UNDERSTAND THAT YOU’RE WAIVING YOUR RIGHT TO A JURY TRIAL IN COURT, WHICH WOULD OTHERWISE BE AVAILABLE TO YOU IF NOT FOR THIS ARBITRATION CLAUSE. SHOULD ANY ARBITRATION HEARING NEED TO BE HELD, IT SHALL BE HELD WITHIN 100 MILES OF CHICAGO, ILLINOIS.
 
IF THE ARBITRATOR ISSUES AN AWARD AND A JUDGMENT IS MADE, THE JUDGMENT WILL BE BINDING AND WILL BE ENTERED IN COURT IN THE STATE OF FLORIDA. THE ONLY AWARD THAT CAN BE ISSUED TO YOU IS A REFUND OF ANY PAYMENT MADE TO RACHEL NGOM INTERNATIONAL. FOR THE APPLICABLE PROGRAM. YOU ARE NOT PERMITTED TO SEEK ADDITIONAL DAMAGES, INCLUDING CONSEQUENTIAL OR PUNITIVE DAMAGES.

 
12. PAYMENT + PURCHASE TERMS
 
WHEN YOU PAY FOR THE PROGRAM BY CREDIT CARD, YOU AUTHORIZE AND GIVE PERMISSION TO RACHEL NGOM INTERNATIONAL TO CHARGE YOUR CREDIT OR DEBIT CARD FOR THE AMOUNT OWED FOR PAYMENT OF THE PROGRAM. WHEN YOU PURCHASE THE PROGRAM, YOUR INFORMATION (I.E. CREDIT CARD AND CONTACT INFO) MAY BE COLLECTED BY THE THIRD-PARTY MERCHANT STRIPE WHO MAY HAVE PRIVACY POLICIES OR SECURITY PRACTICES THAT ARE DIFFERENT THAN OURS. RACHEL NGOM INTERNATIONAL IS NOT RESPONSIBLE FOR THE MERCHANT’S INDEPENDENT POLICIES OR PRACTICES.
 
IN THE EVENT THAT PAYMENT IS NOT SUCCESSFULLY MADE BY THE DUE DATE, YOU HAVE A THREE (3) DAY GRACE PERIOD TO MAKE YOUR PAYMENT OF THE PROGRAM. IF SUCH PAYMENT IS NOT RECEIVED, YOUR ACCESS TO AND PARTICIPATION IN THE PROGRAM WILL NOT CONTINUE. IF YOU FAIL TO MAKE PAYMENT WITHIN THE GRACE PERIOD OR AT ANY OTHER TIME, YOU ARE STILL RESPONSIBLE FOR ALL PAYMENTS FOR THE FULL COST OF THE PROGRAM.
 
IF YOU CHOOSE THE MONTHLY INSTALLMENT PAYMENT PLAN FOR THE PROGRAM, YOU HEREBY AUTHORIZE AND GIVE PERMISSION TO RACHEL NGOM INTERNATIONAL TO AUTOMATICALLY CHARGE YOUR CREDIT OR DEBIT CARD AS PAYMENT FOR THE PROGRAM, FOR WHICH YOU WILL RECEIVE AN ELECTRONIC RECEIPT, AT THE TIME IN WHICH PAYMENT IS DUE WITHOUT ANY ADDITIONAL AUTHORIZATION FROM YOU.
 
IN THE EVENT THAT PAYMENT IS NOT SUCCESSFULLY MADE BY THE DUE DATE, YOU HAVE A THREE (3) DAY GRACE PERIOD TO MAKE YOUR PAYMENT OF THE PROGRAM. IF SUCH PAYMENT IS NOT RECEIVED, YOUR ACCESS TO AND PARTICIPATION IN THE PROGRAM WILL NOT CONTINUE. IF YOU FAIL TO MAKE PAYMENT WITHIN THE GRACE PERIOD OR AT ANY OTHER TIME, YOU ARE STILL RESPONSIBLE FOR ALL PAYMENTS FOR THE FULL COST OF THE PROGRAM.

 
13. LIMITATION OF LIABILITY:
 
RACHEL NGOM INTERNATIONAL IS NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY AND ALL DAMAGES YOU RECEIVE DIRECTLY OR INDIRECTLY FROM YOUR PARTICIPATION IN THE PROGRAM. WE DO NOT ASSUME LIABILITY FOR DAMAGES, INJURIES, HARM, DEATH, MISUSE OF (OR FAILURE TO PROPERLY USE) THE PROGRAM OR ITS CONTENT, DUE TO ANY ACT, OR FAILURE TO ACT, BY YOU. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

 
14. SEVERABILITY

THE PROVISIONS OF THESE TERMS OF USE SHALL BE DEEMED SEVERABLE, AND THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY OTHER PROVISION HEREOF. IF ANY SECTION, SUBSECTION, SENTENCE, OR CLAUSE OF THESE TERMS OF USE SHALL BE ADJUDGED ILLEGAL, INVALID, OR UNENFORCEABLE, SUCH ILLEGALITY, INVALIDITY, OR UNENFORCEABILITY SHALL HAVE NO EFFECT ON THE TERMS OF USE AS A WHOLE OR ON ANY SECTION, SUBSECTION, SENTENCE, OR CLAUSE HEREOF NOT EXPRESSLY SO ADJUDGED.

BY PURCHASING AND/OR PARTICIPATING IN THE PROGRAM YOU IMPLICITLY SIGNIFY YOUR AGREEMENT TO ALL OF THE TERMS IN THESE TERMS OF USE.

IF YOU HAVE ANY QUESTIONS ABOUT THE TERMS OF USE, PLEASE CONTACT RACHEL NGOM AT CLIENTCARE@RACHELNGOM.COM  THANK YOU.