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Terms of Service and Disclaimers

Terms and Conditions

By purchasing any product (“Program”) from HappyRich, LLC (“Company,” “we,” or “us”), you and the Company agree to the following legal terms and conditions, without modification, and you acknowledge reading them.

1. No Guarantees

By purchasing this product, you assert that you understand there are no guarantees of income. I cannot guarantee that you'll make any specific amount of money as it is up to YOU to do the work with the knowledge and skills I will teach you in the course. I cannot guarantee any particular outcome.

HappyRich®, LLC cannot guarantee the outcome of the Services and the comments about the outcome are expressions of opinion only. Company makes no guarantees other than that the program described on the previous sales page shall be provided to Client in accordance with the terms of this agreement. Client acknowledges that HappyRich®, LLC cannot guarantee any results for the Services as such outcomes are based on subjective factors that cannot be controlled by Company.

2. Intellectual Property

All material and information provided by HappyRich®, LLC as part of the Service is proprietary and comprises intellectual property owned solely by HappyRich®, LLC. HappyRich®, LLC maintains exclusive, worldwide right, title, interest, ownership and all subsidiary rights, including all rights accruing under the United States Copyright Act, in and to all works of authorship and all copyrights, trademarks, patents, trade secrets and any other intellectual property rights, business concepts, plans and ideas, reports, manuals, visual aids, documentation, inventions, processes, proposed products, services, techniques, marketing ideas, and commercial strategies, that have been or will be created by HappyRich®, LLC (“the Work”), for use throughout the world in perpetuity in any manner or media whether now known or hereafter invented. Client does not have permission to reproduce, distribute or create derivative works based on the Work. This program is for the Client’s personal, non-commercial use and may not be shared with third parties unless my permission to do so is provided. You agree that by using this program, you understand that everything covered is intellectual property of HappyRich®, LLC. We reserve the right to remove any person from the program that violates this clause at any time without refund.

3. Limited Refund

If for some reason, "Rock Your Biz on Instagram," "Photo Queen {of Hearts}," "Video Made the Instagram Star" or "IG Crash Course" aren't the right fit for you, you may request a refund within 14 days of purchase by emailing Charity{at}CharityNicole.me and I will respond as soon as I'm able. You will be refunded your initial purchase price less a small processing fee from PayPal that is usually less than $5. This is a new policy from PayPal and you can see more here. Refunds are not valid for "Cash Captions" due to the digital nature of the product.

4. Account Creation Requirements

You agree to accurately and truthfully represent yourself when creating an account for this site and to keep this information up to date. You are required to provide your accurate name, email and contact info, not to impersonate someone else and not to use your account for illegal purposes. HappyRich®, LLC reserves the right remove you from the site and program if you violate this clause or turn out to be a robot.

5. Account Security Requirements

You are responsible for the security of your login information as well as all content posted and all activity that occurs under your account. You agree that all material you upload to the site is either owned by you or you are authorized to use it.

6. Membership Guidelines

I have certain community guidelines in place to keep people from being jerks, to say it plainly. Our community maintains that you act in a kind manner, and you are respectful to other members. You agree that you will abide by these rules and you will not spam or otherwise disrespect other member’s privacy rights. If anyone is found not following these rules, I reserve the right to remove you from the site and program without a refund.

7. Program Fee

You agree that you will pay the requisite Program Fee in full. At the time of enrollment, you may have the option of choosing between (a) the Pay in Full option or (b) the Payment Plan option.

For Rock Your Biz on Instagram 2019 and prior: If you select the Pay in Full option, you agree to pay $997 (“Pay in Full Program Fee”) on the Program Start Date. If you select the Payment Plan option, you agree to pay a total of $1,164 (“Payment Plan Program Fee”) divided into twelve (12) monthly installments of $97 as follows: $97 is due on the Program Start Date (“Initial Payment”) and the remaining eleven (11) monthly installments of $97 must be paid each consecutive month starting thirty (30) calendar days after the Program Start Date until the Payment Plan Program Fee is paid in full.

For Rock Your Biz on Instagram 2020 - present: If you select the Pay in Full option, you agree to pay $997 (“Pay in Full Program Fee”) on the Program Start Date. If you select the Payment Plan option, you agree to pay a total of $1,188 (“Payment Plan Program Fee”) divided into four (4) monthly installments of $297 as follows: $297 is due on the Program Start Date (“Initial Payment”) and the remaining three (3) monthly installments of $297 must be paid each consecutive month starting thirty (30) calendar days after the Program Start Date until the Payment Plan Program Fee is paid in full.

You authorize the Company to automatically charge the payment method on file for any and all Program Fee balances owed and you agree to keep this information current with the Company.

8. Disputed Payments

Upon your enrollment in the Program, you waive any right to file a dispute with your credit card provider, payment processor, and/or other financial institution regarding the amounts paid or owed by you for your purchase of the Program, whether or not your Program access has been revoked for your violation of these Terms of Service.

9. Failure to Make Timely Payments

If any payment is insufficient or declined for any reason, Company may remove you from the Program without liability. Your removal from the Program due to your failure to pay the requisite Program Fee does not excuse you from your obligation to pay the amounts owed in full. You understand that the Company may utilize third-party collection services to recover any outstanding amounts owed by you for the Program.

10. 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, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

11. Confidentiality

You understand that given the group format of this Program, information provided or shared with the Company or other participants, whether in the form of comments, discussions in Program related forums, coaching calls, webcasts, or otherwise are not confidential.

12. Customer Feedback

With your prior permission, you agree that the Company has the right to use your feedback whether in the form of emails, surveys, comments, discussions in Program related forums, calls, video calls, or otherwise, for the purposes of marketing or promoting the Program.

13. Refusal of Service

We reserve the right to refuse access to the Program to any person or entity, without the obligation to assign reason for doing so. We reserve the right to immediately remove you from the Program without refund if, in Company’s sole discretion, you violate these Terms of Service.

14. Release

You agree that the Company may use any images, audio recordings or video recordings of you obtained while enrolled in the Program. You waive any right to payment, royalties or any other consideration for the use of such images, audio recordings or video recordings. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estates have or may have by reason of this authorization.

15. Errors, Inaccuracies, and Ommisions

Information provided about or in the Program is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Program.

16. Relationship of the Parties

You agree that Company is acting as an independent contractor and that no partnership or joint venture is created between us.

17. Disclaimer

This site and program is a resource guide for educational and informational purposes only and should not take the place of a licensed business professional. Any testimonials that may appear on the site are the opinions of others and the past success of other clients does not indicate future success of potential clients. The results of the business advice I am providing are in no way guaranteed. By purchasing the Program, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your future earnings, business profit, marketing performance, or audience growth of any kind. The Company does not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Program is a promise or guarantee to you of such results. The content of this program is based on personal experience and anecdotal evidence. HappyRich®, LLC made every reasonable effort to present the information herein in the most accurate way possible. We assume no responsibility for errors or omissions. Use the information in the program and on this site as you see fit and at your own risk.

18. Third Party Resources

Any intellectual property, trademarks, service marks, product names or named features outside of the ownership of HappyRich®, LLC are all assumed to be the property of their respective owners, and are used only for reference and education in this program. The Program may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

19. Limitation of Liability

You agree that under no circumstances will the Company be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to these Terms of Service or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Company has been advised of the possibility of any such damage. In no event will the Company’s liability exceed the price the Customer actually paid to the Company for the Program.

20. Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Program. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

21. Governing law; Venue; Mediation

The Terms of Service shall be governed by the laws of the Commonwealth of Virginia and any disputes arising from it must be handled exclusively in the federal and state courts located in County of Henrico, Virginia. We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service by mediation. We further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

22. Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

23. Entire Agreement; Waiver

The Terms of Service along with the referenced Privacy Policy, constitute the entire agreement between you and the Company pertaining to the Program and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of the Terms of Service by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.

24. Changed Terms

We reserve the right to update our Terms of Service at any time. Such amendments are effective immediately by us posting the new Terms of Service and Disclaimer on this Program website at www.charitynicole.me/terms-of-service-and-disclaimers. Any use of the Program by you after an amendment is made means you accept these amendments.

25. Effect of Headings

The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

26. Severability

If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

27. Assignment

Nothing in these Terms of Service, express or implied, will confer upon any person or entity not a party to these Terms of Service, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of these Terms of Service, except as expressly provided herein.

28. Our Privacy Policy

Please review our Privacy Policy located at https://charitynicole.me/privacy-policy.

Effective Date: January 2015

Here’s what current students are saying…

“BAM! I am SO EXCITED to report I just got an order from my Instagram account! I’m SUPER pumped, learning and growing while posting more quality content and just feeling so good after going through this program!” –Bethany Fleener-Hickey

“Eeek! So excited to share— today, I signed up a new marketing partner in Canada! It’s the first day we’ve launched there and I never would have been able to introduce my business to this gal if it weren’t for Charity and this awesome Instagram training.” –Elizabeth Pennywell

“It’s only been 2 weeks into Rock Your Biz on Instagram, but by simply implementing a few of the suggested tools, I’ve increased my followers by about 500 and I’ve had over 80 clicks on the link in my bio which has resulted in a huge increase to my email list. I even had a NEW prospect join my business which originated from Instagram! These numbers are growing DAILY!” –Rosilda Xavier