Program Terms & Conditions
(“Terms of Purchase”)
This Agreement sets for the terms of purchase for your purchase of “Optimize Your Course,” an online Program by Genevieve Mari.
By placing your Order with Genevieve Mari, by clicking “accept,” or by using the Services, you agree to be bound by this Agreement. If you do not agree with these terms, you should leave the website or the applicable purchase page and discontinue use of the Services immediately.
In these terms and conditions, “We/us/our/[d/b/a]” means Genevieve Mari or assigns. “You/your” means you as a user of the Website and/or Customer of the Program/Services.
The Services. The Services are those provided in the “Optimize Your Course” online Program as described on your checkout page or Order form, which includes instruction on using Optimize Press to create your own membership site, program, or website (the “Program”). The Program content will be delivered via online modules through the program website, which will include instructional videos and PDF downloads, and/or as otherwise indicated on your Order form page. If your purchase includes an online Program or Membership site access, you will use a unique username and password that should only be used by you to access the Content. Sharing log-in information, call-in numbers, passwords, and protected links with non-members is prohibited and will result in removal from the program.
Payment. Payment is required before beginning the program, as indicated on your Order form, and may be a one-time fee, or a monthly or other recurring fee, as applicable. Please check the details of your Order form or Order page for the information specific to your program. You agree to pay the amount agreed and not to cancel this transaction with your bank or credit card company. We are not responsible for any overdraft charges, over limit charges, or NSF fees charged by your bank or credit card company. Fees for Services may be pre-paid or by installment, as indicated on your Order form. Failure to make an installment payment will result in suspension or termination of the Services. We do not guarantee any specific results from use of the Services. We do not make any representations or warranties as to specific outcomes or results.
Refund Policy. We are 100% confident that you will benefit immediately from the content of our program. And because we make the entire program content available to you immediately following your purchase, no refunds are available at this time. Please ensure that it suits the purpose for which you desire to use it before purchasing.
Communications. The “Optimize Your Course” community, including a private online Facebook group, is intended to be a supportive, respectful and positive community for all involved. Communicating disrespectfully to any other members of the group constitutes grounds for removal from the Program, which decision shall be in the sold discretion of Genevieve Mari.
Term. This Agreement will be effective consistent with the term indicated on your Order form or Order page. Failure to pay for the Program or Services consistent with the program requirements will result in termination of the Program prior to the end of the applicable term, and your access to Program materials or ongoing Services will be discontinued. Additional fees may be accrued in the event you continue to access the Program website or continue to use the Services after any failure to pay for said services.
Disclaimer. USE OF THE PROGRAM OR SERVICES COVERED BY THIS AGREEMENT AND ANY CONTENT PROVIDED THEREIN IS AT YOUR OWN RISK. Genevieve Mari, including employees, representatives and agents are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the use of the Program or Services or any content provided as part of the Program or Services. The Services provided through the Program are advisory and supportive only, and you bear sole responsibility for the use and implementation of these services in your personal or professional life. You are free to reject any advice, suggestions or requests made during the Program at any time. There are no guarantees as to the progress or outcomes that may result from the Services and you are responsible for the results you achieve.
Relationship. Nothing contained in this Agreement shall be interpreted or construed to create a joint venture, partnership, employment or agency relationship of any kind.
Modification. We may modify this Agreement from time to time and without notice. You agree to be bound by the terms of this Agreement and any future modifications when such modifications are posted to our website. You should review this Agreement regularly during the use of the Program or Services to keep apprised of any changes.
Assignment. No assignment of this Agreement is permitted, without prior written permission from us. Any attempt to do so shall constitute a default or violation of this Agreement which shall be immediately void. Our rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by us to a third-party.
Third Party Beneficiaries. This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.
Governing Law. This Agreement and any action related thereto shall be governed by the laws of the Province of Quebec, Canada, without regard to any choice of law principles. The parties agree that exclusive jurisdiction and venue for any matters arising under this agreement reside in the Province of Quebec, Canada.
Disputes. If any dispute occurs between the parties relating to the application, interpretation, implementation or validity of this Agreement, the Parties agree to first submit the matter to mediation with ADR Chambers in the Province of Quebec before pursuing any other proceedings, which cost shall be shared equally by the Parties. Nothing herein shall preclude any Party from seeking injunctive relief in the event that the Party perceives that without such injunctive relief, serious harm may be done to the party. Following notice of the dispute (and request for mediation), the mediator shall be appointed by agreement between the Parties within five business days, or immediately thereafter the mediator will be appointed by ADR Chambers. The mediation will be held at a location designated by ADR Chambers in the Province of Quebec, which location shall be as close to the current residence of Genevieve Mari as ADR Chambers can provide. If the matter has not been resolved within thirty days, any Party may elect arbitration to finally resolve the matter by providing written notice to the other Party. The arbitration proceedings shall be subject to the ADR Chambers Expedited Arbitration Rules. The parties agree that the ADR Chambers Expedited Arbitration Rules give the parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held as close to the current residence of Geneieve Mari as ADR Chambers can provide, and shall proceed in accordance with the provisions of the Arbitration Act (Quebec). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Force Majeure. If a party is prevented from fulfilling its obligations under this Agreement for one of the following reasons beyond the party’s reasonable control, including due to a national environmental or military emergency, such as fire, flood, explosion, war, strike, embargo, government regulation, or civil or military authority, or acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”), the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from payment of any sums of money owed by you to us; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.
Construction. This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to Genevieve Mari, including any set forth in this Agreement, are not exclusive and are in addition to any other rights or remedies available to us at law or in equity.
Binding Effect. This Agreement shall be binding upon, and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.
Damage Waiver. Under no circumstances whatsoever shall we be liable to you or anyone else for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages under this Agreement, arising out of your participation in the Program including due to the actions, statements or behavior of any third parties or participants of the Program. This provision applies even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in this Agreement, our liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to us for the services during the term of the Program or membership.
Intellectual Property. All materials provided to you as part of your Program or Services which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published or displayed in any form without the prior express written permission of Genevieve Mari. You may not re-use, perform, modify, transmit, re-post or use in any way the content or any derivative works thereof, without our prior express written permission. All trademarks, logos, and service marks displayed on any materials provided as part of your Program or Services under this Agreement are protected by Canadian, and International copyright and Intellectual Property laws. Access to any materials or content online or otherwise as part of the Program or Services subject to this Agreement should not be construed as granting any license or right to duplicate said content, including trademarks, logos and service marks of Genevieve Mari or any third-party.
Waiver. The waiver by either party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
Severability. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Indemnity. You agree to indemnify, defend and hold harmless Genevieve Mari, including subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, employees, representatives or assigns from any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by You in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including breach of your representations and warranties set forth above, or if any content that you post or publish while using the Services causes us to be liable to a third party.
Voidability. This Agreement cannot be voided by not logging in to the Member or Program website, where applicable, by not accessing or using the Services as delivered, by not attending the Program, or in any other way attempting to avoid viewing or taking delivery of the Program or Services as outlined. These actions will not void your Agreement or permit you the right to a refund.
Entire Agreement. This Agreement represents the entire understanding and agreement of the parties relating to the Program or Services purchased, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding the Program or Services, are of no further force and effect. In order to participate in certain portions of the Program or Services, you may be notified that you may be required to agree to additional terms and conditions as the program is revised over time. You may receive a copy of this Agreement at any time by emailing us at genevieve at genevievemari dot com and requesting a copy of your “Program Terms of Purchase.”
Contact. If you have any questions regarding this Agreement or any aspect of our services, please contact us at genevieve at genevievemari dot com.