INTRODUCTION

Foundations, Funnels & Freedom (“Program”) is offered by Amber Barry Digital/Go-Getters On A Mission, LLC (“Company”). Program consists of the services, materials, content, course, coaching, meetings, communication, and any other items Company is providing you, specific to your purchase, as a result of your purchase. By purchasing Program, you as the purchaser of Program and participant in Program are agreeing to the following Terms of Use (“Agreement”), which constitute a legally binding agreement between you and Company.

AGE AND ACCESS

You agree that you are 18 years of age or older. You acknowledge and understand that any information including, but not limited to, usernames and passwords, that grant you access to Program and Program’s private Facebook group, are unique to you. Sharing your Program log-in information will result in automatic termination from Program.

TERM

Access to the course material within Program starts immediately upon your successful purchase of Program or, if paying in installments, the successful payment of your first installment. Term ends one calendar year from your date of purchase (“Term”). Subject to potential change which will be promptly communicated to all Program participants, live coaching inside the Program begins on the date you enroll and concludes 12 months from day you purchase your program access.

PROGRAM AND PROGRAM DELIVERY

Program consists of live group coaching in addition to an online resources accessed via Ontraport with downloadable materials such as workbooks, PDF’s, E-books, Videos, templates, photography, and other teaching materials (collectively, “Program Materials”).

In addition to the course portion of Program immediately available upon successful completion of your purchase, Program consists of 12 months of live group coaching calls via Zoom to lead participants on a journey of self-discovery that assists with gaining clarity about participants ideal clients, niche, offer and messaging and teaches participants how to create the foundation for their 6-figure coaching business. The live calls will be held on Fridays 12 pm Eastern (unless otherwise communicated) for the duration of one hour minimum per meeting. If Company needs to change the date or time of a weekly Zoom meeting, Company will let you and other Program participants know as soon as possible. Changes will be communicated via email and in the private Facebook group.

Calls are recorded and uploaded to Ontraport and are available to all Program participants.

Access to Program, including the private Program Facebook group, is granted for one calendar year from your date of purchase or the date of your first installment payment, if applicable.

Company Availability

During the Term, Company will be available to you via Program’s private Facebook Group, Monday through Friday, 10 am to 4 pm EST, and will respond to your questions during that period of availability within 24 hours, barring Company’s inability to respond to you within that time period, in which case Company will make every effort to inform you why Company is unable to respond within 24 hours. In order for Company to respond to your question, please tag Amber Barry in your post.

Company reserves the right to take up to 6 weeks of vacation per year. During this time, Amber Barry will not be available for live coaching sessions or answering questions in the private Program Facebook group. However, Amber Barry will provide pre-recorded calls and/or a co-coach trained in Company’s method to complete live calls and answer questions within the Program Facebook group during any vacation periods. Company reserves the right to be closed on observed Federal Holidays and the week of Christmas and week between Christmas and the New Year. During company closures there will not be a live coaching call and limited or extended response time to coaching requests in the Facebook group.

YOUR DUTIES AND RESPONSIBILITIES

You agree that your successful participation in Program requires that you attend coaching calls and complete Program assignments, where appropriate.

You agree to communicate with Company honestly and promptly where necessary.

You agree to engage in the Program to the fullest extent possible.

You understand and agree that your degree of success in Program is dependent on your commitment and consistency.

You agree that you are solely responsible for implementing any techniques or changes recommended by Company.

You agree to act respectfully towards Company and other Program participants.

You agree not to make any harassing, derogatory or demeaning comments to Company or about Company or Program participants in any Program forums, including Company’s webpage and all Company social media platforms.

You agree and understand that Program participants may share personal, sensitive, confidential information in various Program forums, including, not limited to, meetings and the Program Facebook group.

You agree to be respectful of all information disclosed by Program participants and agree not to share this information to anyone outside of Program, at any time, for any reason.

You agree to be recorded and that recordings may be used as educational resources in other programs as desired by Company and as further detailed in the Video Release section.

You agree to communicate with Company honestly and promptly where necessary, and post any questions to Company inside the private Facebook group.

You understand and agree that you cannot create any unauthorized Facebook groups (or any such similar group on another platform).

FEES

The total fee for Program is $3000 USD payable in full at the time of checkout, unless you have enrolled in an early enrollment period or a payment installment plan during one of Company’s special launches or bonus periods, in which case you will pay $3000 USD over 6-12 equal payments (depending on the bonus offer at time of enrollment) if you elect to pay in installments.

PAYMENT TERMS

You will pay for Program via QuickBooks. Payment is processed by third party payment processors governed by their own Terms of Use, and your personal information when you complete payment is processed in accordance with our Company Privacy Policy.

Payment in Full

If you pay for Program in full, you understand and agree you will not be enrolled in Program, nor have access to any Program materials, until Company has received satisfactory payment in full.

Automatic Installment Payments

If installment payments are offered to you as an option by Company, you will pay Company a first payment prior to the start of Program, at checkout. Subsequently, you will automatically be charged by Company monthly for each of the remaining payments due through your chosen credit card. The period between each payment is the “Installment Period.” You agree not to cancel your credit card used for payment of Program or change any information associated with the credit card used for payment of Program without first notifying Company and providing acceptable replacement method of payment.

If you elect to pay for Program in automatic installment payments and your payment method is declined in any way, Company or Company’s payment processor will notify you and you will have 3 business days to satisfy the amount owed on the delinquent installment payment. After 3 business days, if you have still not paid the amount owed, Company reserves the right to assess late fees at a rate of 5% per day on the outstanding amount due. If after 14 days you still have not paid your outstanding balance due, Company will terminate your access to Program and all Program materials. If your access is terminated, you are still liable to Company for all outstanding balances for the entirety of Term. Company reserves the right to pursue any outstanding balances owed to the fullest extent of the law, including, but not limited to, authorizing a debt collection agency to collect amounts owed on Company’s behalf.

REFUND POLICY

Program is offered to you as is. No refunds will be issued for any reason.

CHARGEBACKS

You agree that you shall not initiate any chargebacks via your payment provider. Any payments that are not refundable as outlined in these Terms and Conditions are final and may not be charged back. You are responsible for any fees associated with recouping payment and any associated collection fees.

RELATIONSHIP OF PARTIES

You agree that your participation in Program does not create a partnership, joint venture, agency or employment relationship with Company.

INTELLECTUAL PROPERTY

You agree that any Program materials and all content provided to you by Company is provided for your personal, informational, non-commercial use only. Content is owned by Company and protected by all applicable copyright and trademark laws. Any content, collectively hereafter “Content,” includes all:

Company website and social media content, including design, marks, photographs, client-only features, graphics, text, videos and all other media and source code.

All digital downloads or other materials, digital or non-digital (materials include but are not limited to, text such as the Program Workbook, photos, graphics, video) created by Company.

Templates

All recordings

Any other form of Company-created information available to you through Program.

Company grants you a limited, revocable, non-transferable license to access Content and print and download Content where expressly allowed by Company, for your personal use in your business exclusively.

You are not permitted to duplicate, reproduce, sublicense, share, reassemble, upload, change, post, transmit, transfer, distribute, sell, license, display, republish, create derivative works of or alter Content in any way.

VIDEO RELEASE

You understand and agree that through the course of Program, Company will record all live sessions. You give Company the right and permission to make a video or audio recording, or transcription of any session or sessions between you and Company. You agree that any such recordings made exclusively belong to Company.

You consent to the use of your name, voice and likeness being stored and used by Company for future teaching and in the Program Facebook, and further other goods/services provided by Company, whether they be academic or commercial in nature, in perpetuity, without notice or compensation to you or due you. You also consent to duplications of your session or sessions made by Company and used by Company without further permission from you.  You waive any right to inspect or approve any recordings. Company remove your name from video recordings, if requested by you in writing.

You agree that you are relinquishing any rights and interest to any recordings made by Company, and release Company and all agents of Company from any and all associated claims and causes of action for any violation of any personal or proprietary rights in any recordings.

CONFIDENTIALITY/NON-DISCLOSURE

During the Term of Program, confidential information may be exchanged whether in the live coaching sessions, the Program Facebook group, or otherwise. You agree to hold this information in the strictest confidence and safeguard it from disclosure and misuse to the fullest extent possible.

Confidential information includes (i) all information disclosed between you and Company reasonably considered to be confidential and proprietary, and all information disclosed between you and other Program participants, reasonably considered to be confidential and proprietary regardless of whether Company has labeled the information as confidential, given the circumstances surrounding the disclosure of the information and (ii) all information labeled or indicated to be confidential by one party to the other party to be confidential, provided that the information was not public at the time of disclosure, (collectively, “Confidential Information”).

You agree not to make use of any Confidential Information unless and until you or Company is required to disclose pursuant to a governmental order. If you or Company is required by law to disclose Confidential Information, the party required to disclose the Confidential Information must provide written notice to the other party of the disclosure as soon as is reasonably possible.

You agree that should you breach this Agreement by disclosing Confidential Information outside of the specific circumstances expressly outlined in this Agreement, or should Company learn of your intent to breach this Agreement by disclosing Confidential Information, Company is entitled to injunctive relief against you to prohibit said disclosure and limit and protect Company from any harm due to the disclosure.

NON-DISPARAGEMENT

Client agrees to not make any false, derogatory or disparaging statements about Company, any agents of Company, or Services, in public or private. Company agrees to not make any false statements in public or private regarding Client.

PROGRAM AND WEBSITE INTERRUPTIONS

Company cannot guarantee that Program materials available on and through Company’s course platform, will be available at all times. Company may experience technical problems, or Company’s platform may be temporarily down for maintenance purposes, that may result in your inability to use Company’s platform. You agree that we are not liable or responsible for any damages stemming from your inability to access Company’s Program platforms.

TESTIMONIAL RELEASE

You agree that Company may use a testimonial about Program provided by you for any purpose. You agree that your testimonial may be used in Company’s website, marketing materials, social media platforms or any other platform owned by Company you’re your written request, Company will anonymize your testimonial by excluding your personal information.

DISCLAIMER

Program is not business, financial, legal, medical, health or other professional advice and should not be construed or relied on as such. You agree that your participation in Program is not a substitute for consultation with and/or treatment by an appropriate professional. All information offered through Program, Program materials, and Content is for informational purposes only and should be used at your own risk. You are advised to consult with a relevant professional if you have any questions. By purchasing Program and/or using Program materials and Content, you acknowledge and agree you are solely responsible for your results.

You understand and agree that Company does not make any representations or guarantees as to any possible income, business growth, sales, additional clients, or any other earnings or growth benefits that may be derived directly or indirectly from your participation in Program. You agree that Company is not liable for the results of any decisions you make as a result of your participation in Program or from the Program materials and/ or Content provided by Company.

You agree each individual is different, and Company cannot and does not guarantee any recommended product, service, or other recommended by Company to you during the Term will also work for you. You understand and agree that any testimonials, examples, or other results presented by Company on Company’s webpage, marketing materials, social media platforms, Program, Program Materials, Content, or any other forum, are the experiences of one participant. You understand and agree Company does not represent or guarantee in any way that you will achieve the same or similar results.

Medical Disclaimer

Information given by Company in Program, whether through Program materials, Content, during live calls, or at any other time during Program, is not medical advice. It is not intended to diagnose, treat or prevent disease. Any information provided by Company is not intended to be a substitute for medical advice, and Company encourages you to use any information provided by Company only in consultation with a medical professional. Any supplements, treatment plans, services, nutrition suggestions or lifestyle changes, or any other information recommended by Company is not medical advice, should not be considered medical advice, and is not a substitute for consultation with an appropriate medical professional.

Company makes no representations as to any physical, emotional, or mental health benefits that may be derived from your participation in Program. We are not responsible or liable for any of your health decisions directly or indirectly related to the information provided in Program, nor are we responsible for any damages from the use or misuse of information provided in Program. You are solely responsible for any decisions you make from the information provided in our Program.

You agree each individual is different, and Company cannot and does not guarantee any recommended product, service, or other recommended by Company to you during the Term will also work for you. You understand and agree that any testimonials, examples, or other results.

WARRANTY

Except as where otherwise indicated herein, Program and Content provided by Company are “as is.” Company makes no representations or warranties of any kind, express or implied, as to the Program, Program materials or Content. You understand and agree that all individuals are different, and Company makes no guarantees or warranties regarding any results you may or may not experience from participation in Program and/or the use of Program materials and Content provided. Company disclaims all warranties to the fullest extent permitted by law.

NO TRANSFER OR ASSIGNMENT

You cannot transfer your position as a participant in Program without prior written approval from Company. If you are purchasing Program for someone else, you must contact Company at amber@amberbarrydigital.com as the person you are purchasing Program for must agree to these Terms of Use before beginning the Program and/or receiving any Program materials.

MODIFICATION

You agree that Company may modify these Terms of Use at any time. If Company modifies these Terms of Use, Company will notify you of these modifications in writing as soon as is reasonably possible.

TERMINATION AND CANCELLATION

Due to the nature of Program, and the fact that Program participants have access to Company intellectual property immediately upon purchase of Program, we cannot accommodate requests for refunds if you decide to terminate prior to the end of Program. If you decide to terminate for whatever reason, you understand and agree Company will not refund any Fees. You also understand and agree that you are still responsible for all Fees due under this Agreement and any other outstanding balances, including late fees if applicable, regardless of when and whether you cancel. You understand and agree that if you are given the option of paying in installments and you opt to pay in installments, you are responsible for all 3 installment payments due under this Agreement, even if you elect to terminate your participation in Program. Termination does not absolve you from your responsibility to pay all Fees due under this Agreement.

Company Cancellation of Your Access to Program Due to Breach

Company endeavors to provide you with a positive experience through Program. However, by purchasing Program, you agree that Company, at its sole discretion, may terminate your participation in Program and access to any and all Program materials without refund of any money paid by you if you:

Fail to pay the amount due even after Company’s assessment of late fees
You are derogatory, disparaging, defamatory, abusive, uncooperative and/or fail to follow Program guidelines
Share personal, private information shared in confidence by Program participants in a Program forum, outside of Program forum
Share your Program log-in information with another person so they can access Program and/or Program materials
Any other behavior that violates this Agreement, at Company’s sole discretion.

You agree that should Company terminate your participation in Program due to any of the above conditions, you are still liable to Company and responsible for all outstanding Fees.

Company Cancellation of Program

Under extraordinary circumstances, Company may have to postpone the live portion of Program. If Company has to postpone the live portion of Program, Company will provide you with as much advance written notice as possible. If Company does have to postpone the live portion of Program, you will automatically be enrolled in Program’s rescheduled dates; no refunds will be permitted.

LIMITATION OF LIABILITY

BY PARTICIPATING IN PROGRAM AND USING PROGRAM MATERIALS AND CONTENT, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTS DERIVED FROM SAID PARTICIPATION AND USE. YOU ASSUME ANY AND ALL RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY IS NOT LIABLE AND DOES NOT ACCEPT RESPONSIBILITY FOR ANY LOSSES OR DAMAGES CAUSED BY OR RESULTING FROM YOUR PURCHASE OF OR PARTICIPATION IN PROGRAM, OR YOUR USE OF PROGRAM MATERIALS AND/OR CONTENT. HOWEVER, IF COMPANY IS FOUND LIABLE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY IN THE AGGREGATE OF COMPANY AND COMPANY’S AGENTS TO YOU FOR ANY CLAIMS, LOSSES, COSTS, OR DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM OR IN ANY WAY RELATED TO THIS PROGRAM OR AGREEMENT FROM ANY CAUSE OR CAUSES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, PROFESSIONAL ERRORS AND OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY, SHALL NOT EXCEED THE TOTAL COMPENSATION PAID BY YOU TO COMPANY.
INDEMNIFICATION

You agree to indemnify, defend and hold harmless Company and any parties working for or associated with Company (including, but not limited to, employees, agents, contractors, subsidiaries, partners, affiliates, successors, assigns; collectively, “Company’s Affiliates”),  from any and all actions, claims, damages, fees and expenses, including attorney’s fees, in law and equity, arising out of your purchase of Program, delivery of Program, your participation in Program, your use of Program materials, your use of Content, or your use of any other information provided in any form by Company or Company’s Affiliates, excluding any liabilities resulting from the gross negligence or willful misconduct of Company. You agree that neither Company nor Company’s Affiliates are personally liable for any representations or actions of Company or Company’s Affiliates.

GOVERNING LAW/DISPUTE RESOLUTION

You agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Company (or any related third parties) that relates in any way to or arises out of this or previous versions of this Agreement, your use of or access to Program, the actions of Company or its agents, or any products or services sold or purchased through Program, will be resolved in accordance with the following provisions:

Applicable Law

You agree that the laws of the State of Florida in the United States, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Company, except as otherwise stated in this Agreement.

Arbitration

You and Company agree that all disputes or claims that have arisen, or may arise, between you and Company (or any related third parties) that relate to or arise out of this or previous versions of this Agreement, your use of or access to Program, the actions of Company or its agents, or any products or services sold, offered, or purchased through Program, shall be resolved exclusively through final and binding arbitration, rather than in court. However, you understand and agree that this does not in any way limit Company’s ability to employ a debt collection agency and/or a lawyer to collect outstanding balances due under this Agreement.

The Federal Arbitration Act ("FAA"), and to the extent not inconsistent with the FAA, the laws of the State of Florida, without regard to principles of conflict of laws, governs the interpretation and enforcement of this Agreement.

The arbitration will be administered by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules and the AAA's Commercial Arbitration Rules, and the AAA's International Centre for Dispute Resolution Rules (as applicable), as modified by this Agreement to Arbitrate. Absent agreement of the parties, the AAA shall decide which AAA rules apply to the arbitration. If a party intends to seek arbitration, that party must first send to the other party, by certified mail, a valid Notice of Dispute ("Notice").

If you are a resident of the United States, then the arbitration hearing shall be held in Hillsborough County, Florida, or via online a licensed online dispute provider ( ODR). If you are not a resident of the United States, then the arbitration hearing will be held in Hillsborough County, Florida, in the United States, via ODR, or another mutually agreed location. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

If for any reason, arbitration is not successful, you agree that any claim or dispute between you and Company will be resolved exclusively by a state or federal court located in Hillsborough County, Florida. You agree to submit to the personal jurisdiction of the courts located within Hillsborough County, Florida for the purpose of litigating all such claims, disputes, or matters.

FORCE MAJEURE

Company will not be liable for failure or delay in the delivery of Program for the period that said failure or delay is beyond Company’s reasonable control, materially affects the ability of Company to deliver all or any part of Program in any way and could not reasonably have been foreseen. Force majeure events contemplated include but are not limited to fire, flood, pandemic, hurricane, acts of God, and acts of governmental action prohibiting or impeding Company’s ability to deliver any aspect of Program.

SEVERABILITY

If any portion of these Terms of Use is deemed to be void or unenforceable, that portion is severable from the Terms of Use and does not impact the enforceability of the remainder of these Terms of Use.

ENTIRE AGREEMENT

These Terms of Use and any policies given to you as part of your participation in Program constitute the entire agreement between you and Company with respect to Program. These Terms of Use supersede any prior communications or agreements between you and Company.

LAST UPDATED: February 25, 2024