Parties

This Agreement is between Wise Emotion, LLC (the “Company”) and you (the “Student/User”). It is intended to govern and control your purchase of the following products (the “Emotionally Intelligent Life Skills”) from the Company: 

Accepting these terms

You are entering into a legally binding agreement with the Company, a Limited Liability Company, according to the following terms and conditions, when you do any of the following:

·       Click “I Agree”

·       Email your statement of agreement

·       Enter your credit card information

·       · Sign this agreement on this page

·       Enroll electronically in Wise Emotion

·       Enroll verbally, or otherwise, in Wise Emotion

·       Purchase, view, and use Wise Emotion

 

Refund Policy

With this acceptance, the Parties agree that the terms of this Agreement bind any individual, associate, and assign. A facsimile, electronic, or emailed executed copy of acceptance of this Agreement is legally binding with either a written or electronic signature and has the same result as an originally signed copy.

Upon execution of this Agreement, “the “Student/User” is responsible for the full Fee. If the “Student/User” decides to cancel, not participate, or changes his or her mind, the Company does not provide any refund for any reason to the “Student/User.”

 

Chargebacks & Payment Security

To the extent that the “student/user” provides the company with credit card(s) information for payment of Fees on the “student/user” account, the Company is authorized to charge the “student/users’” credit card(s)for any unpaid charges on the dates agreed to in the Payment Schedule.

Student/User shall not make any chargebacks to the Company’s account or cancel the credit card provided as security without the Company’s prior written consent. The student/user is responsible for any fees associated with recouping payment and collection fees associated with the chargeback. The student/user shall not change any credit card information provided to the Companywithout notifying the Company in advance.

Company’s Services

This Agreement is executed when the student/user accepts these terms (electronically, verbally, written, and otherwise). The Company agrees to provide the following:

For the Coping Skills, Behavior skills, Social Skills, and Learning skills for ages 5-10.

 1) Access to the selected course and the course content.

For the Coping Skills, Behavior Skills, Social Skills, and Learning Skills for ages 11-17.

1) Access to the selected course and the course content.

For the Coping Skills, Behavior Skills, Social Skills, and Learning Skills for ages 18-Adult.

1) Access to the selected course and the course content.

For the Parental Reinforcement course.

1) Access to the selected course and the course content.

The terms of this Agreement are binding on any additional goods and or services supplied by the Company to the Student/User.

The parties agree that the Program is educational. According to this agreement, the scope of services the Company provides is limited to those listed on the Company’s website or as part of the Program. The Company reserves the right to substitute services equal to or comparable to the Program for the student/user if the need arises without prior notice.

No transfer of intellectual property

The Company’s copyrighted and original materials are provided to the student/user for his or her individual use only and under a limited single-user license, unless otherwise agreed upon in writing.

Bulk purchases: A bulk purchase of any Program by a business owner grants a non-transferable, non-exclusive license to distribute the Program materials solely to their employees or staff members for whom a corresponding Program has also been purchased. This license does not permit the transfer of a Program to a new staff member without purchasing an additional Program license. Staff members who have been granted access through a bulk purchase may retain access to the Program through their personal Company account and login credentials regardless of their employment with the business owner who purchased the Program.

Individual use: The student/user is not authorized to use any of the Company’s intellectual property, trademarks, and or copyrights for any purpose. The student/user is not authorized to share, copy, distribute, or otherwise disseminate any materials received from the Company electronically, or otherwise without the prior written consent of the Company.

Ownership: All intellectual property, including the Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute the Company’s materials is granted or implied.

Program Rules

To the extent that the student/user interacts with the Company staff and or other Company students/users, the student/user agrees to behave professionally, courteously, and respectfully with staff and student/users at all times. The student/user agrees that failing to follow course rules is cause for termination of this Agreement. In the event of such a termination, the student/user is not entitled to recoup any amounts paid and remains responsible for all outstanding amounts of the Fee.

Disparagement

If a dispute arises between the Parties or a grievance by the student/user, the Parties agree and accept that the only venue for resolving such a dispute is the venue identified below. Parties further agree that they will not engage in any conduct or communications, public or private, designed to disparage the other. Such an act constitutes a breach of this Agreement.

No resale of services permitted

The student/user agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the Program, including materials, use of the Program, or access to the Program. This Agreement is not transferable or assignable without the Company’s prior written consent.

Termination

If the student/user is (1) behind in payment or (2) otherwise in default of this Agreement, then full payment is immediately due, and the student/user is barred from using any of the Company’s services. The company is allowed to immediately collect all Fees from the student/user and stop providing further services to the Client.

Payment

The student/user agrees to pay the Company according to the payment schedule

· As outlined on the Company’s website,

· Via email,

· According to the Payment Schedule and the payment plan selected by the student/user (the “Fee”), or

· As otherwise noted in this Agreement.

The student/user shall not make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. The student Client is responsible for any fees associated with recouping payment and collection fees associated with the chargeback. Client shall not change any of the credit card information provided to the Company without notifying Company in advance.

Controlling Agreement

In the event of any conflict between the provisions contained in this Contract, any marketing materials used by the Company, Company’s representatives, or employees, the provisions in this Agreement control.

Entire Agreement

This Agreement is the entire agreement between the parties relating to the subject matter and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. Modification to this agreement is by a written instrument executed by both Parties.

Limitation of liability

By using the Company’s services and enrolling in the Program, the student/user releases the Company, its officers, employees, directors, and related entities from any and all damages that may result from his or her participation in the Program. The Program provides the following:

For the Coping Skills, Behavior skills, Social Skills, and Learning skills for ages 5-10.

 1) Access to the selected course and the course content.

For the Coping Skills, Behavior Skills, Social Skills, and Learning Skills for ages 11-17.

1) Access to the selected course and the course content.

For the Coping Skills, Behavior Skills, Social Skills, and Learning Skills for ages 18-Adult.

1) Access to the selected course and the course content.

For the Parental Reinforcement course.

1) Access to the selected course and the course content.

The student/user accepts any and all risks, foreseeable or unforeseeable, arising from the Program.

Regardless of the previous paragraph, if the Company is found to be liable, the Company’s liability to the student/user or to any third party is limited to the lesser of:

(a) The total Fees the student/user paid to the Company for services giving rise to the liability, or

(b) $497

All claims against the Company must be filed with the entity having jurisdiction within 90 days of the date of the first claim or otherwise be forfeited forever. The student/user agrees that the Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. The student/user agrees that the use of the Company’s services is at the student/user’s own risk.

Indemnification

Company recognizes and agrees that all of the Company’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions, or representations of the Company.

The student/user shall defend, indemnify (insure and protect), and hold harmless the Company, the Company’s shareholders, trustees, affiliates, and successors from and against all liabilities and expenses that they may incur or be obligated to pay because of their relationship with the Program.

These include (without limitation): claims, damages, judgments, awards, settlements, investigations, legal actions, regulatory actions, costs, attorneys’ fees, disbursements, or the like that occur from or are related to this Agreement.

Any expenses or liabilities that result from a breach of this Agreement, sole negligence, or willful misconduct by the Company, Company’s shareholders, Trustees, Affiliates, or Successors are excluded from indemnification.

Disclaimer of Guarantee

The student/user accepts and agrees that he or she is 100% responsible for his or her progress and results from the Program. The student/user accepts and agrees that he or she is the one vital element to the Program’s success and that the Company cannot control the student/user.

The company makes no representations or guarantees verbally or in writing regarding the performance of this Agreement other than those specifically stated. The company and its affiliates disclaim the implied warranties of title, merchantability, and fitness for a particular purpose. The company makes no guarantee or warranty that the Program will meet the student/user requirements or that all the student/user will achieve the same results.

Choice of Law/Venue

[Venue]This Agreement is governed and interpreted in accordance with the laws of the State of Virginia without giving effect to any principles of conflicts of law.

[Arbitration]The Parties agree to submit any dispute or controversy arising out of, or relating to this Agreement to arbitration in the State of Virginia according to the rules of the American Arbitration Association. The arbitration is binding upon the Parties and their successors in interest. The prevailing party may collect all reasonable legal fees from the non-prevailing party to enforce the provisions of this Agreement.

Survivability

The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, as well as any provisions relating to payment of Fees owed set forth in this Agreement and any other provisions that, in their sense and context, the Parties intend to have survive, shall survive the termination of this Agreement for any reason.

Severability

If any of the parts or provisions contained in this Agreement are interpreted as invalid or unenforceable, only that part or provision is affected. The invalidity or unenforceability does not affect the other parts or provisions of the Agreement.