This Terms and Conditions Agreement (“Agreement”) is between Author Accelerator, Inc., a California corporation, and you (“Member” or “you”), regarding the Author AcceleratorTM Book Coach Certification program (“Program”) that you wish to purchase from Company.
This Agreement is a binding legal contract between you and Company; please review it in full. By making a purchase of the Program via this website, you expressly agree to be bound, without modification, to this Agreement. If you do not agree to be bound to this Agreement, you cannot purchase the Program.
If you are purchasing the Program on behalf of a business, you warrant that you are authorized to bind that business to legal agreements, and as such, that business accepts this Agreement, and all the terms of this Agreement apply to that business.
Company may amend this Agreement at any time by sending you a revised version at the email address you provide us, and you automatically become bound by the latest version of the Agreement unless you withdraw from the Program. You have an affirmative duty to notify us of any changes to your email address, and to review any changes to the Agreement.
This Agreement was last modified on October 23, 2020.
1. The Program. Company will provide the following self-paced online training services as part of the Program:
Written feedback on materials submitted with Member’s certification application may be provided at an additional fee; such feedback is subject to the provisions of this Agreement.
Member selects which course of the Program (non-fiction or fiction) upon purchase; Member may add an additional course at any time for an additional fee. If Member wishes to work with memoir writers, Member must purchase the separate memoir course.
This Program does not include one-on-one support outside of the Private Membership Circle; staff will not respond to support requests via text, email, or phone.
2. Member Duties. Member understands and agrees they are making a personal commitment to complete the course in a reasonable timeframe (typically 6-8 months) and will find methods to hold themselves accountable to that commitment. Member agrees to study the full course material, complete all recommended reading and viewing (including outside materials), complete the three Practicums, use the Membership Circle for help and support from fellow Members and from Company staff; and attend or watch recordings of all monthly group sessions including interacting with the group. Member agrees they are responsible for their own learning and acknowledges they may need to find outside resources to supplement their learning or fill any gaps in their knowledge or skillset. Member understands that any abusive or inappropriate conduct with Company staff or with any of the other Members, including through posts in any forum or discussions in a group session, is a material breach of this Agreement.
3. Group Forum Rules. You agree to comply with the Program’s current Group Forum Policy or Rules as stated by Company at that time. Such rules include but are not limited to: you will not use any group forum to post spam, including promotions or advertisements for other Programs and services; you will not use the forum to abuse, defame, harass, threaten, or post objectionable or illegal content, including hate speech and pornography; you will only post content that you own or have a license to post; you will not post content that infringes on a copyright or trademark; Company may moderate, edit, or delete posts at any time, at Company’s sole discretion; and Company may ban a Member from posting at any time, for violating the above rules, without refund or appeal. Any information you provide to Company and other Members via a forum is not confidential. Member agrees that Company may use any testimonial describing or referring to your experience participating in the Program or results obtained from the Program, including your name and likeness, for Company’s marketing purposes. However, you agree that you will respect the privacy of fellow Program Members, and will not repost or share the information provided by a fellow Program Member with any third party, including by sharing on the Internet or via social media.
4. Payments. You agree to pay the Program fees as specified on the sales page using the online billing system via the payment method you selected upon purchase. You agree that Company may keep your payment information on file and charge you automatically for installment payments, if you selected an installment plan. Overdue amounts, including bounced payments or chargebacks, will be assessed a late payment charge at a monthly rate of 1.5% or the maximum provided by law, whichever is less. You understand that if a payment is late, charged-back, or declined for any reason, you will no longer have access to the Program until the late payment is rectified. Company will have the right to recover expenses including collection costs and reasonable attorney's fees incurred in the collection of overdue amounts. You understand and agree that you are responsible for the entire payment (including all installments), and you understanding that you will not receive a refund or be allowed to forgo installments if you choose to not utilize the Program.
5. Limited 14-Day Refund Policy. Company offers limited 14-day refund policy, at Company’s sole discretion. If Member wishes to receive a refund, they must submit their request to [email protected] up to 14 days after purchase. To obtain a refund, Member must have watched all available course videos in at least the first three module sections of the Program. No refunds will be provided after 14 days following purchase. Company may deny a refund for any or no reason, and will only make a decision if Member is eligible once all requested items are submitted to the support team at the email address above. If refund is granted, Company will retain a 5% administrative fee from the total requested refund amount.
6. Intellectual Property. Company owns or has licensed the copyrights and other intellectual property rights over any materials provided in the Program under this Agreement (“Program Materials”), including writer examples, feedback from Company staff, practicum work, and worksheets. You are licensed to use Program Materials only for your own individual use as part of the Program. You are not allowed to reproduce, share, distribute, or sell Program Materials, including posting materials on the Internet, sharing materials via social media, teaching them to others, or making derivative works. Any violation of this clause is a material breach of this Agreement and will result in Member being removed from certification consideration.
7. Certification and Licensing. Member understands and agrees that certification and licensing are separate from the purchase of this Program. The purchase of this Program does not license Members to use Program teaching or materials with their clients (or non-clients) outside of the Practicum aspect of the Program. Under this Agreement, Member is not licensed to call themselves a certified book coach, an Author AcceleratorTM certified book coach, an Author AcceleratorTM book coach, or otherwise imply they are trained, certified, licensed, or endorsed by Company. Under this Agreement, Member is not authorized to use Company’s trademarks, brand names, trade names, logos, or any other Company assets.
8. Term. This Agreement begins when you purchase and will continue until the Agreement is terminated under this section. If either party materially breaches this Agreement, the other party may terminate this Agreement upon three (3) days written notice, unless the breach is cured within the notice period. If the Agreement is terminated due to Member’s material breach, Member will no longer have access to the Program and they will not receive a refund.
9. Guarantees and Warranties. The Program is for your education and information. Company cannot and does not guarantee that any specific results or financial earnings for Member or their clients will be obtained from the Program, because your results involve factors beyond the control of Company, such as your experience, your current business, and the changing economic climate. Participation in the Program does not guarantee a Member will receive certification. Company warrants they will teach you the tools and methods for helping writers write books. Except as stated above, Company disclaims any warranties as to the availability, completeness, or accuracy of the materials, and disclaims any warranties of fitness for a particular purpose, merchantability, or non-infringement. Company may provide links to outside resources (articles, videos, books) as part of the Program; Company does not guarantee or warrant these outside materials.
10. Your Warranties and Indemnification. You warrant that any materials you submit to any forum of the Program do not infringe upon the copyright, trademark, trade secret, publicity rights, or the intellectual property interests of any other person or property, and are not in violation of any laws or regulations of any applicable jurisdiction. You agree to indemnify Company against all claims and damages arising out of your breach or alleged breach out of any representations, warranties, or agreements made by you under this Agreement and your participation in the Program.
11. Disclosure. Company is not providing financial advice, legal advice, tax advice, investment advice, medical advice, mental health care, or therapy through the Program. You understand and agree that you are responsible for seeking appropriate professional advice.
12. Force Majeure. Neither Party will be liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, civil unrest, war, fires, floods, inclement weather, government regulations or controls, emergency declarations, casualty, government authority, strikes, terrorism, hacker attacks, widespread internet outages, widespread power outages, or acts of God, in which event the non-performing party will be excused from its obligations for the period of the delay and for a commercially reasonable time thereafter.
13. Waiver of Consequential Damages. No party will be liable to another party or any person, firm, corporation or other business association claiming by, through or under any theory of tort, contract, strict liability or other legal or equitable theory for lost profits, exemplary, punitive, special, incidental, indirect, or consequential damages, whether or not any party or entity has been advised of the possibility of such damages.
14. No Waiver. None of the terms of this Agreement can be waived or modified except by an express agreement in writing signed by all the parties.
15. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral agreements between them with respect to the subject matter contained herein.
16. No Assignment or Transfer. You may not assign, sub-license, or transfer this Agreement (including your login/password information) to any other person or entity, including other people inside your business or within the same family unit. Sharing your login information with any other person is a material breach of this Agreement.
17. Choice of Law. This Agreement will be governed by, and construed in accordance with, the laws of the State of California.
18. Arbitration. Any controversy or claim arising out of or relating to this contract or the breach thereof, will be settled by arbitration administered by the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. The arbitration will be conducted by video conference or telephonic hearing, or upon consent of both parties, will be based solely on the submission of documents. The prevailing party will be entitled to an award of reasonable attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. As an alternative to Arbitration, the parties agree that either party may file an action in Small Claims Court in Los Angeles County, California ("Small Claims Option"), if the party can meet the court's requirements.
19. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement will not in any way be affected or impaired.
20. Reporting Copyright Infringement (DMCA). Company complies with the terms of the Digital Millennium Copyright Act. To report a claim of copyright infringement, please send a claim to our official agent at [email protected], PO Box 7716, Newport Beach, CA 92658, or 949-467-4510, containing the following information:
21. Contact. Any questions about the Agreement can be directed to: [email protected]
Author Accelerator, Inc.
PO Box 7716
Newport Beach, CA 92658
2. Restrictions. The contents of our courses are protected by copyright and trademark laws, and are the property of their owners. Author Accelerator is trademarked by Author Accelerator, Inc., and all information on the courses is copyrighted by Author Accelerator, Inc. Unless otherwise noted, you may access and use the information and materials within the courses for your personal use. You may not change, modify, delete, display, transmit, adapt, exploit, or copy for distribution or sale any information, material, trademark, or copyright on the courses. You must obtain written permission from us or any other entity who owns intellectual property on the courses before you may publish, distribute, display, or commercially exploit any material from the courses. By using the courses, you agree to abide by all copyright notices or other posted restrictions.
4. Earnings Disclaimer. We don’t believe in “get rich” programs or courses – only in hard work, adding value, building a real and professional career, and serving others with excellence and constancy. Our courses are intended to help users share your message with a wider audience and to make a difference in the world while growing your personal brand. Our courses take a lot of work and discipline just like any worthwhile endeavor or professional continuing education program. Please don’t enroll in our courses if you believe in the “money for nothing, get rich quick” myth or ideology; we only want serious people dedicated to real professional development who want to add value and move humanity forward. As stipulated by law, we cannot and do not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. We don’t know you and, besides, your results in life are up to you. Agreed? We just want to help by giving great content, direction, and strategies. All products and services by our company are for educational and informational purposes only. Nothing in our courses, or any of our content or curriculum, is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax, or other professional advice. Any financial numbers referenced here, or on any of our courses, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Making decisions based on any information presented in our products, events, services, or course, should be done only with the knowledge that you could experience risk or losses just like any entrepreneurial endeavor. Use caution and always consult your accountant, lawyer, or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions, and results, and by your registration here you agree not to attempt to hold us liable for your decisions, actions, or results, at any time, under any circumstance.
5. Limited License Grant; Proprietary Rights. Author Accelerator, Inc. grants the user a non-transferable, non-exclusive, non-assignable right to use the course materials provided under this agreement solely for Author Accelerator, Inc.’s benefit and subject to this agreement. All rights not expressly granted to the user are expressly reserved by Author Accelerator, Inc. User acknowledges and understands that Author Accelerator, Inc. is the sole owner of all rights, title, and interest (including intellectual property and proprietary rights) in and to the course materials, including without limitation, all copyright, trademark, trade secret, and related rights thereto. The user acknowledges and agrees that Author Accelerator, Inc. considers the course material and course services to be trade secrets. This agreement is not a sale of the course materials to the user.
6. Non-Competition; Covenants. The user shall not (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the course materials to any third party; (ii) modify or make derivative works based on the course materials; and (iii) copy any part of the course materials for their own purposes and benefit. The user agrees not to use any Confidential Information of Author Accelerator, Inc. to negatively influence any of Author Accelerator, Inc.’s clients or customers from purchasing Author Accelerator, Inc. products or services or to solicit or influence or attempt to influence any active client, customer, or other person either directly or indirectly, to direct any purchase of products and/or services to any person, firm, corporation, organization, or other entity in competition with the business of Author Accelerator, Inc. To the extent that the user conceives, develops, or reduces to practice any inventions, original works of authorship, developments, concepts, know-how, improvements, or trade secrets based on any part of the course materials or Confidential Information, whether or not patentable or registrable under copyright or similar laws (collectively, “Inventions”), the user hereby assigns all rights, titles, and interest to such Inventions to Author Accelerator, Inc.
1. Terms. By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
3. Disclaimer. The materials on Company's web site are provided 'as is'. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations. In no event shall Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Company's Internet site, even if Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata. The materials appearing on Company's web site could include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its web site are accurate, complete, or current. Company may make changes to the materials contained on its web site at any time without notice. Company does not, however, make any commitment to update the materials.
6. Links. Company has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Company of the site. Use of any such linked web site is at the user's own risk.
8. Governing Law. Any claim relating to Company's web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.