TERMS & CONDITIONS

Terms of Sale

 

Last Modified: June 18, 2022

 

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO ALL SALES OF PRODUCTS AND SERVICES. PLEASE READ IT CAREFULLY. 

THESE TERMS OF SALE REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH GLOBAL CREATOR PRODUCTIONS, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

1. Applicability. These Terms of Sale (“Terms”) apply to the purchase and sale of products and services through https://www.theglobalcreator.com/ (the "Site"). These Terms are subject to change by Global Creator Productions, LLC (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 5).

2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Global Creator Productions, LLC and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by emailing us at: [email protected]

 3. Prices and Payment Terms. 

(a) All prices posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. This is a sale of services, no taxes will be removed from the payment. All such taxes and charges will be added to your products total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept all major credit cards and bank transfers for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

(c) If we offer a payment plan as part of a product or service offering, then you authorize us to charge any credit card we have on file up to the full value of the purchase price as the payments become due. Further, all payments are earned when we accept the order by sending the email confirmation. Unless the 100% satisfaction guarantee applies, this means you cannot cancel or terminate any authorized payments under the payment plan. If you breach these Terms, the Website Terms of Use, or the Privacy Policy, we may accelerate the payment plan, and all payments will be due and owing as of the date of breach. 

 4. Product and Service Details

(a) Bonus Offers. From time to time, the Company may offer bonuses to persons who purchase the programs or services. You shall be entitled to any bonuses offered to you at the time of your purchase. Bonuses are not guaranteed to be available for the entire lifespan of the products or services, and they vary depending on specific promotions throughout the year. 

(b) Product Access. Unless different terms are provided in the order email confirmation, you are granted lifetime access to the products, for the life of the products only. This means you will have access to any products, provided you have made all required payments, for as long as the Company continues to host and provide access to the products you have purchased. In the event that we intend to close a product, we will provide you with a 30-day notice and the ability to download the product. We disclaim any liability for lack of access or use of the products, after we discontinue hosting or terminate access. 

(c) Live Content and Recordings. Please note that coaching calls, technical support, and other live events may be recorded. In our sole right and discretion, we may download, share, display, distribute, copy, sell, duplicate, reproduce, use, or republish the recordings. You understand and agree we have no obligation to or requirement to provide you the recordings and may withhold access at any time without notice. Our rights in the recordings referenced above does not pose as grounds for you to receive a refund and any request for a refund on this basis will be denied. All recordings of the products and services are owned by us and therefore, may not be downloaded, shared, displayed, distributed, copied, sold, duplicated, reproduced, used, or republished by you in violation of your limited license to the products and services. 

(d) Certifications, Earnings, and Disclaimers. We represent and warrant Amy Hayes is a certified coach through The Life Coach School. We represent that all statements of our earnings are true, and may be verified on reasonable request, by production of redacted financial statements. However, we cannot guarantee any specific result for you. You understand and agree that we cannot, have not, and do not guarantee, represent, or warrant that you will achieve any particular result or earnings from your use of the products or services, and you understand that results and earnings differ for each individual.

(e) Information and Education Only. The products and services, including without limitation the coaching and technical support, provides information and education only, and does not provide any financial, legal, medical, or psychological services or advice. None of the products or services prevent, cure, or treat any mental or medical condition. The products and services are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental, and emotional well-being, decisions, choices, actions, and results. You should consult with a professional if you have specific questions about your own unique situation. We disclaim any liability for your reliance on any opinions or advice provided by us or in the products or services.

 5. 100% Satisfaction Guarantee (Refund Policy). We stand behind our 90-day 100% satisfaction guarantee. If you meet the requirements below, we will refund you the full purchase price.

(a) Who May Use This Guarantee?

This satisfaction guarantee is for the original purchaser of “The Global Creator Academy” from the Site. It does not extend to any other person or entity.

(b) What are Your Obligations Under This Guarantee?

You must show proof you have (i) completed the GC Academy Modules, and (ii) participated in at least 4 combined hours of technical and coaching support. If you have not completed the work or have not used the available support, then you will not be entitled to a refund. We may request additional evidence to confirm the work has been completed and may reject any refund if we determine in our sole discretion the evidence is insufficient. 

(c) What is the Period of Coverage?

This satisfaction guarantee starts on the date of your purchase and lasts for 90 days (the “Guarantee Period”). The Guarantee Period will not be extended for any reason. We may change the availability of this satisfaction guarantee at our discretion, but any changes will not be retroactive.

(d) What Are Your Remedies Under This Warranty?

If you have met your obligations, then we will refund your full purchase price. 

(e) How is the Refund Processed?

Refunds are processed by our financial institution, and we do not have any control over the refund processing time. Your refund will be credited back to the same payment method used to make the original purchase on the Site.

(f) What can you do in case of a dispute with us?

The dispute resolution procedure in these Terms is available to you if you believe that we have not performed our obligations under this satisfaction guarantee. 

 6. Certification. We may in our sole discretion certify you as a “GC Certified Designer.” Certification is subject to the following terms.

(a) The certification requirements and recertification requirements, if any, are provided in the FAQ section of the Site. Maintaining certification is based on fulfillment of all requirements. 

(b) Any information you submit to us as part of the certification process will be kept confidential and maintained with the same protections we use for our confidential information unless (i) in the public domain, (ii) we created the same information without access to your confidential information, or (iii) we are required to disclose the information by lawful order, so long as we disclose the minimum amount required to comply with the order, and we provide notice to you of the disclosures if notice is allowed by law. 

(c) We may vary the terms and conditions of any certification in our sole discretion. If we modify the terms and conditions for certification, then we will provide notice, and changes will not be retroactive. We may also terminate the GC Certified Designer offering and cease the provision of all GC Certified Designer exclusive benefits and perks without liability to you, or any third-party. 

(d) We may revoke your certification if you violate these Terms, the Website Terms of Use, or the Privacy Policy. If your certification expires, is suspended, or is revoked, then you must immediately stop using or displaying your certification, credential, and any other designation indicating an affiliation as a GC Certified Designer, and we may terminate your access to, or use of, any GC Certified Designer exclusive benefits and perks. 

(e) Certification does not represent licensure, registration, or other authorization to practice or to conduct business activities for a fee or otherwise.

(f) Certification is personal to you and may not be transferred or assigned to any other individual, organization, or entity.

(g) After you are granted certification, we may be asked by individuals or organizations to verify such certification, including dates of certification, and you agree that such information may be released. 

7. Limited License to Products and Services. You acknowledge and agree that:

(a) All uses on this Site of the terms "sell," "sale," "resell," "resale," "purchase," "price" and the like mean the purchase or sale of a license. Each product and service marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of this Section 5.

(b) When you receive the email confirmation, we thereby grant a revocable, non-transferable, non-sublicensable license solely to you to view, download, print, email, and use reasonable copies of the material or pages from the products or services for application in your internal business operations. 

(c) You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, your clients or customers, or any other third party, or otherwise use any material or pages from the products or services for commercial purposes or in any way that earns you or any third-party money (other than by applying them internally in your own business). 

(d) The trademarks and logos displayed on, or in association with, the products and services are trademarks belonging to Global Creator Productions, LLC or our affiliates or licensors, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

(e) Global Creator Productions, LLC and its licensor(s) are and will remain the sole and exclusive owners of all rights in and to each product and service made available on this Site and any related specifications, instructions, documentation, or other materials, including, but not limited to, all related copyrights, patents, trademarks, and other intellectual property rights, subject only to the limited license granted in these Terms. You do not and will not have or acquire any ownership of the products or services made available through this Site, or of any intellectual property rights relating to those products or services for any reason, including without limitation any rights based on use. All rights in the products and services not expressly granted in these Terms, or any express written license, are reserved by us.

(f) Any use of the products or services other than as expressly authorized in these Terms or separate written agreement is a breach of your license.  Any breach of these Terms, the Website Terms of Use, or the Privacy Policy is a breach of your license. You breach your license if you cause, induce, or permit others’ noncompliance with the license granted in these Terms. All the foregoing, together and individually are an “Unauthorized Use.” If you commit an Unauthorized Use, then we may terminate access to all products, services, the Site, and any other third-party forums or conferencing services we administer. 

(g) You agree to pay liquidated damages of five (5) times the total fees paid for the products or services in the event of your Unauthorized Use, or a minimum of $_______ if you did not pay fees for the products or services, in addition to any legal or equitable remedies we may be entitled to pursue (if allowed by applicable law). This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.

(h) You agree that any violation or threatened violation of the limited license in this Agreement would cause irreparable injury to us that may not be adequately compensated by damages, entitling us to obtain injunctive relief, without bond, in addition to all legal remedies.

(i) If you wish to use any of the products or services, or any other intellectual property or property belonging to us, beyond the scope of the license, you should request permission in writing BEFORE you use it by sending an e-mail to: [EMAIL ADDRESS].

(j) If you are granted permission to go beyond the scope of the license, you agree to use the specific products or services that we allow and only in the ways for which we have given you our written permission. If you choose to use the products or services in a manner that we did not specifically give written permission for, you agree now that you will be treated as if you had copied, duplicated, or stolen such products or services from us, and you consent to immediately stop using such products or services and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the products and services.

 8. Limitation of Liability


(a) EXCEPT FOR THE 100% SATISFACTION GUARANTEE (REFUND POLICY) ALL PURCHASES OF PRODUCTS AND SERVICES ARE NONREFUNDABLE EVEN IF YOUR PAYMENTS ARE SUBJECT TO A PAYMENT PLAN, AND THE PAYMENTS HAVE NOT BEEN COMPLETED. 

(b) THE REMEDIES DESCRIBED IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THESE TERMS. THIS EXPRESSLY INCLUDES WITHOUT LIMITATION ANY CLAIM THE PRODUCTS OR SERVICES ARE DEFECTIVE, WE MISREPRESENTED THE PRODUCTS OR SERVICES, THE SERVICES WERE NOT PERFORMED, OR THE PRODUCTS WERE NOT DELIVERED. 

(c) OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

 9. Miscellaneous

(a) Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. 

(b) Force Majeure.  Except for any of your obligations to make payments to us hereunder, neither party is in breach of these Terms, or liable for any delays, failures, or damages caused by events out of their reasonable control, including acts of God or a public enemy; natural disasters or calamities; epidemic or pandemic; failure of a third party to perform; changes in the laws or regulations; actions or executive orders of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of the party claiming force majeure.

(c) Goods Not for Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant that you are buying products or services from the Site for your own use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations  (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”).

(d) Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.

(e) Dispute Resolution and Binding Arbitration.

(i) YOU AND GLOBAL CREATOR PRODUCTIONS, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

(ii) ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(iii) The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12.

(iv) The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. The arbitrator may award attorney’s fees and reasonable costs and expenses of the prevailing party. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

(v) Arbitration may be virtual, or by document submission only. If arbitration must occur in person, then the parties will agree to a location that is mutually agreeable to both parties.

(vi) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

(f) Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

(g) No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Global Creator Productions LLC.

(h) No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

(i) Notices

(i) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(ii) To Us. To give us notice under these Terms, you must contact us at the following: [email protected] We may update the address for notices to us by posting a notice on the Site. Notices will be effective one business day after they are sent.

(j) Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

(k) Entire Agreement. These Terms, our email order confirmation, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. If there is an express conflict between these Terms and the other agreements, then these Terms control to the extent the matter arises from or substantially relates to the products or services, including the purchase or sale thereof.