The Employment Experience: An HR Membership Program 
Terms & Conditions of the Program


 

  1.  TERMS OF PARTICIPATION

By purchasing this product, the following Terms and Conditions are entered into by Karly Wannos, LLC (“Company”, “we” or “us”) and you (“Customer” or “You”) agree to the following terms stated herein.

  1.  MEMBERSHIP/SERVICE

Karly Wannos, LLC agrees to provide The Employment Experience: A HR Membership Program (herein referred to as “Membership”) identified in online commerce shopping cart. As a condition of participating in the Membership, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

As part of the Membership, the Company shall provide the following to the Customer:

  1. Password Protected Membership Site Area: The Company shall maintain a Membership Area that will include video, audio or written lessons, templates, worksheets, checklists, slide decks and other training and support information. You shall have access to this Membership Area for as long as you continue to pay for the annual Membership, during the. Time in which the Membership Area and/or annual Membership exists, unless you or we terminate your subscription to the Membership. In the event that Company intends to close the Membership Area, it shall provide clients with a 30 day notice.

 

From time to time, the Company may also provide the following:

 

  1. Membership Participant Facebook Group: The Company shall create and maintain a closed Facebook group for students of the Membership. This is a community run group, meaning that students are encouraged to help each other.

 2.     From time to time, the Company will offer bonuses to individuals who sign up for the Membership. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the Membership and they vary depending on specific live and automated promotions throughout the year.

 

  1.  DISCLAIMER

The Company’ Terms of Use, Privacy Policy and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Membership.

Customer understands Karly Wannos (hereinafter “Consultant”) and Karly Wannos, LLC is not acting as a lawyer, doctor, manager, therapist, public relations, expert, business manager, or accountant. Customer understands that Consultant has not promised, shall not be obligated to and will not: (1) give legal advice; (2) make any representations regarding legal protection for Customer or Customer’s business; or (3) enter into an attorney client relationship. Customer understands that a relationship does not exist between the parties after the conclusion of the Membership. Customer understands and agrees that neither purchase nor use of the Membership will guarantee or ensure compliance any federal, state or local rule, law or regulation. Customer understands that in addition to the issues and laws discussed in the Membership, additional state and federal laws, rules and regulations which are not discussed, may also apply to themselves or their company, and are not discussed or made a part of the Membership. Customer understands there may be fact patterns and/or topics under the laws discussed, which are not discussed in this Membership. Customer should consult with legal counsel in his/her jurisdiction before making any business decisions, ad before relying on any of the information presented in this Membership.

  1.  NO ATTORNEY- CLIENT RELATIONSHIP OR LEGAL ADVICE

Neither receipt of information presented in the Membership nor any email or other electronic communication sent to Karly Wannos, LLC or its owners, team, attorneys or staff through karlywannos.com or the Membership will create an attorney-client relationship. No user of karlywannos.com should act, or refrain from acting, on the basis of information included on karlywannos.com without first consulting legal counsel in the relevant jurisdiction. An attorney-client relationship with prospective clients is established only after an attorney of Karly Wannos, LLC has expressly communicated the ability to accept representation of your matter. We reserve the right to refuse service to any person or entity, without the obligation to assign reason for doing so.

From time to time, Karly Wannos will hold “office hours” or Live (by video conference) group consulting. These are group sessions, does not create an attorney client relationship, and no legal advice will be provided. Karly will only provide answers on a general basis, and will not accept any questions with specific fact patters relating to an individual or a business.

  1.  FEES

In consideration of Your access to the Membership, You agree to pay the annual fees listed on the checkout page for the Membership you choose.

You may choose between an annual payment of $800 (due immediately) or 12 monthly payments of $75. 

The Company will lock in Your annual or monthly payment amount for Your future Membership payments, even if we increase our prices in the future, so long as you continue to be an active subscriber without interruption in your Membership. However, if You or we terminate Your subscription at any time and You re-subscribe at a later date, You must purchase a new subscription at the current price.

Recurring monthly payments are due and will be charged to your card on the same calendar day each month (if, for example, you sign up on April 12, your card will be charged again on May 12, June 12, and so on).

  •  12 Monthly Payments – Annual Membership

 If You choose 12 monthly payments, you agree to continue making a monthly payment until the end of the annual subscription period. Note that this is not a month to month membership- you are agreeing to the purchase of an annual membership that allows payments to be applied on a monthly basis for Your convenience. For example, if you sign up on the 12 monthly payment plan on April 1, 2023, you must make monthly payments each month until March 31, 2022. If you choose the cancel prior to the end of the 12 month period, the remainder of the annual subscription will still be due and owing. In order to cancel your membership, send an e-mail to [email protected], and your membership will be terminated at the end of the annual cycle. In the event that any payment is not made by the due date, the Company shall immediately suspend Your access to the Membership.

  •  Pay in Full- Annual Membership

 If You have chosen an annual Membership subscription, the annual payment is due and Your subscription renews automatically at the end of twelve (12) months and Your debit/credit card will be charged the fee You chose at the time of purchase. Your subscription will be activated as soon as Your debit or credit card is successfully charged. You will be charged every 12 months for your annual subscription until you provide notification of cancelation. Due to the immediate access of the information, no fees or partial fees may be refunded if You cancel the membership after the annual payment has been made, and before the expiration of the 12 month period.

  1.  METHODS OF PAYMENT

You give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt.  You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly or annual fees, you must provide a new eligible payment method promptly or your Membership access will be removed.

You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

 Since we have a clear and explicit Refund Policy that you have agreed to prior to completing the purchase of the Membership, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

  1.  CANCELLATION POLICY  12 Monthly Payments- Annual Membership

If you choose the 12 monthly payment option, note this is still an annual membership, and cannot be canceled on a monthly basis. If you choose the cancel prior to the end of the 12 month period, the remainder of the annual subscription will still be due and owing. In order to cancel your membership after the end of the annual cycle, send an e-mail to [email protected], and your membership will be terminated at the end of the annual cycle. In the event that any payment is not made by the due date, the Company shall immediately suspend Your access to the Membership.

  •  Pay in Full- Annual Membership

In order to cancel your Pay in Full Annual Membership, please provide written notification of calcination to [email protected] prior to the renewal of your annual membership, which is one year following your initial subscription date or subsequent renewal date. Due to the immediate access of the information, no fees or partial fees may be refunded if You cancel the membership at any time after the annual payment has been made, and before the expiration of the 12 month period.

 Upon cancellation of your subscription (whether month-to-month or annual), you will no longer have access to the members-only portal and will be removed from the Facebook Group prior to the last business day of the month in which your membership is active. All assets in the members-only portal are downloadable during the term of your active subscription.

  1.  USERNAME AND PASSWORD

To access certain features of the Membership, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Membership to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Membership, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.

  1.  REFUND POLICY

Due to the immediate access to the materials, no refunds will be provided. If you have any questions regarding this policy, please contact our support team at [email protected].

  1.  CONFIDENTIALITY

As a condition of participating in the Membership, you hereby agree to respect the privacy of other Membership participants and to respect the Company’s confidential information. By posting or submitting any material in the Facebook group, such as questions, comments, posts, photos or other contributions, you are representing to us that you are the oner of all such materials an you are at least 18 years old. You also grant Company the right to use your likeness and identify you by name, e-mail, address or screen name as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you that reference the Company or the Membership, and to identify you as a member of the Membership by name, e-mail address or screen name, for any purposes, including commercial purposes and advertising.

Customer must not share any information provided by other Membership participants outside of the bounds of the Membership unless you receive express written permission from such other participant to share the information. The content of the Membership contains the Company’s proprietary methods, processes, forms, templates, videos, trainings, workshops, etc. and other information. You hereby agree not to share the information provided to You in the Membership with anyone other than the Company, its’s owners and employees.

  1.  NO TRANSFER OF INTELLECTUAL PROPERTY

All content included as part of the Membership, such as text, graphics, logos, images, videos, worksheets, and guides, as well as the compilation thereof, and any software used in the Membership, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Membership are the trademarks of their respective owners.

 Your participation in the Membership does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Membership, You agree to observe and abide by all copyright and other intellectual property protections.

 You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Membership content and resources. You hereby agree that You will not copy, sell, display, distribute, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Membership.

 The Company content is not for resale. Your participation in the Membership does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Membership will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

 Your use of any materials found in the Membership other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Membership in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Membership, in addition to any legal or equitable remedies the Company may be entitled to pursue.  This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.     

 You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.

  1.  SINGLE USE LICENSE

By the Purchase of the Membership, you are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Membership content and resources. Each person who intends on viewing, using or referencing any portion of the Membership materials (video or written), must purchase a separate license. Sharing of log in credentials, or viewing or use by more than one person under a single license is strictly prohibited. Violation of this paragraph may result in suspension of the license. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part, found in the Membership.

The Company content is not for resale. Your participation in the Membership does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder without entitlement to a refund or portion of the fees.

  1.  NO PARTNERSHIP

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, attorney client relationship or agency relationship. The Company is agreeing only to provide Customer with access to the Membership, which provides education and information. The information contained in the Membership, is not intended as, and shall not be understood or construed as professional advice.

  1.  FORCE MAJEURE

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay n fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company, including without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, hurricane, revolution, insurrection, epidemic, pandemic, lock-outs, strikes or labor disputes, or restrains or delays affecting carriers or inability or delay in obtaining supplies or adequate or suitable materials or power outages.

  1.  SEVERABILITY/WAIVER

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

  1.  MISCELLANEOUS

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Membership and/or any information and resources contained in the Membership. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Membership. 
The information, software, products, and service included or available through the Membership may include inaccuracies or typographical errors. Changes are periodically added to the information in the Membership. The Company and/or its suppliers may make improvements and/or changes in the Membership at any time.

The Company and/or its suppliers make no representations about the suitability, legality, enforceability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Membership for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Membership, with the delay or inability to use the Membership or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Membership, or otherwise arising out of the use of the Membership, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Membership or any portion of it, your sole and exclusive remedy is to discontinue using the Membership.

  1.  NON-DISPARAGEMENT

Customer agrees and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The Customer agrees that he/she will neither engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Customer nor any of Customer’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, Karly Wannos or Isaac Wannos or any of its Memberships, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

  1.  ASSIGNMENT

Client may not assign this Agreement without express written consent of Company.

  1.  MODIFICATION

Company may modify terms of this agreement at any time. All modifications shall be posted on the Karly Wannos, LLC website.

  1.  TERMINATION

The Company reserves the right, in its sole discretion, to terminate your access to the Membership and the related services or any portion thereof at any time, if You become disruptive to the Company or other Membership participants, if You fail to follow the Membership guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

  1.  INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Membership and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

  1.  RESOLUTION OF DISPUTES

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Membership. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in Palm Beach County, Florida or the Southern District of Florida.

  1.  NO CHARGEBACKS

Once the purchase is made, the full Membership is immediately accessible and downloadable. Therefore, once a purchase is made, Customer agrees that no chargebacks will be threatened or made. Customer agrees not to contact his/her bank to request a refund of the payment made for access to the Membership, as the entire Membership would have already been provided to Customer. In the event Customer breaches this agreement by attempting to pursue a chargeback, Company reserves the right to dispute the chargeback and see to recover from You the full amount of the Membership, plus any chargeback fees, and attorneys fees and any other damages recoverable at law or in equity.

  1.  ATTORNEY'S FEES.

Should any party to this Agreement be required to enforce the terms of this agreement against a breaching party, upon a proven breach, the prevailing party shall be entitled to his/her/its reasonable attorney's fees and costs.

  1.  FEDERAL LAW ONLY

 The Membership covered general and specific issues under federal law only. The Membership is not state specific, and does not cover additional laws that may be specific to the state in which your business is located. Consult with an attorney licensed in your state to ensure compliance with the laws specific to your business.

  1.  LOG-IN INFORMATION IS SPECIFIC TO THE PURCHASER

 There will be one password/log-in information issued per user. You are not permitted to share your password or log-in credentials. You are to permitted to share, copy or distribute the content of the Membership, or otherwise share your log-in credentials with anyone for purposes of an unauthorized access to the Membership. Any violations of this policy will be legally pursued to the fullest extent permitted by law. Violations of this policy will result in Your removal of access to all Karly Wannos, LLC Memberships in which You access, and no refunds or credits will be issued. No further access to Karly Wannos, LLC Memberships will be provided. 

  1.  SOCIAL MEDIA AND MARKETING RELEASE

You agree that the Company may lawfully use testimonials, screenshots, comments by You provided on social media or through Direct Messages (“DMs”) to promote the Membership across Karly Wannos LLC’s social media, its website, and to its e-mail list.

 

Updated February 2023 bu Karly Wannos, LLC

 

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