Empowerful Caregiver School

Terms & Conditions

TERMS OF PARTICIPATION

Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by The Caregiver Cup, LLC (“Company”, “we”, or “us”) and You (“Client” or “You”) agree to the follow terms stated herein.

PROGRAM / SERVICE

The Caregiver Cup, LLC (herein referred to as “The Caregiver Cup, LLC” or “Company”) agrees to provide Program, “Empowerful Cregiver School” (herein referred to as “Program”) identified in online commerce shopping cart. As a condition of participating in the Program, 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 Program, the Company shall provide the following to Client:

A Password Protected Program Area: The Company shall maintain a Program Area that will include video, audio and written lessons, templates, worksheets, checklists, slide decks and other training and support information and community. You shall have access to this Program Area for as long as the Program Area exists, however no less than 30 days. In the event that Company intends to close the Program Area, it shall provide clients with a 30 day notice and the ability to download the core resources contained in the Program Area.

From time to time, the Company will offer bonuses to individuals who sign up for the Program. 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 program and they vary depending on specific live and automated promotions throughout the year.

The Coaching Sessions with Cathy falls under this bonus category. You’ll get access to bi-monthly with Cathy which will be recorded and available for replay bi-monthly. The Company reserves the right to discontinue these group sessions at any time without any advance notice, however no less than 12 sessions will be delivered from the date of your purchase.

DISCLAIMER

The Company’s 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 Program.

Client understands Cathy VandenHeuvel (herein referred to as “Consultant”) and The Caregiver Cup, LLC, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.

FEES

In consideration of Your access to the Program, you agree to pay the following fees.

You may choose between a single payment of $247 (due immediately) or 2 monthly payments of $127. If you elect to pay for Empowerful Caregiver School in full, you can pay in one payment of $247. If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following 1 payment in a month, for a total payment of $254. If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program.

REFUNDS

You may submit a written refund request to the Company no later than 30 days after your purchase day. No refunds will be issued after 30 days for any reason. Program purchases may not be credited to any other products or services sold by the Company.

If you qualify for a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not expedite any refunds.

Since we have a clear and explicit Refund Policy that you have agreed to prior to completing the purchase of the Program, 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, purchase date, purchase amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

METHODS OF PAYMENT

If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

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

If you do not request a refund within the terms of the program with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.

ECS REFUND POLICY

We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the course. Effective June 24, 2024 the Company will provide a 30-day money-back guarantee for the Program. That money-back guarantee is governed by the following terms.

In order to qualify for a refund you must submit proof that you did 1/4 of the work in the course and it did not work for you. In the event that you decide your purchase was not the right decision, within 30 days of enrollment, contact our support team at [email protected] and let us know you’d like a refund by the 30th day by 11:59 CST. You must include your coursework with your request for a refund. If you request a refund and do not include your coursework by the 30th day, you will not be granted a refund.

The work that you need to submit with your request for a refund includes ALL of the following items:

Attendance in your first 30 minute coaching session with Cathy with your completed questionnaire
Completed workbook entries from Modules 1 and 2.
Completed videos of Modules 1 and 2
Attendance at one bi-weekly group coaching (or completion of the recording)

We will NOT provide refunds more than 30 days following the date of purchase. After day 30, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.

Please note: If you opted for a payment plan and you do not request a refund within 30 days, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, workbook journals, slide shows, membership areas, access to group community, group coaching limited to paying members, and other resources.

All refunds are discretionary as determined by The Caregiver Cup, LLC To further clarify, we will not provide refunds after the 30th day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

All purchases are entitled to a 30-day money-back guarantee for the Program. In order to qualify for a refund you must submit proof following the steps above that you did the work in the course and it did not work for you. In the event that you decide your purchase was not the right decision, within 30 days of enrollment, contact our support team at [email protected] and let us know you’d like a refund by the 30th day at 11:59 CST.

If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: [email protected].

CONFIDENTIALITY

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants.

NO TRANSFER OF INTELLECTUAL PROPERTY; RESTRICTIONS ON USE OF COMPANY INTELLECTUAL PROPERTY

All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, 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 Program are the trademarks of their respective owners.

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

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. 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 Program.

The Company content is not for resale. Your participation in the Program 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 Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

CLIENT RESPONSIBILITY

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 in 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, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

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 unenforceable shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

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 Program and/or any information and resources contained in the Program. 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 Program.

The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program 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 Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, 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 Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program. for errors or omissions that may appear in any of the program materials.

ASSIGNMENT

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

MODIFICATION

Company may modify terms of this agreement at any time. All modifications shall be posted on the The Caregiver Cup, LLC's website and purchasers shall be notified.

TERMINATION

The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program 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.

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 Program 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.

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 Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to De Pere, WI.

EQUITABLE RELIEF

In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

EARNINGS DISCLAIMER

Every effort has been made to accurately represent our programs and the educational value they provide.

This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, nor have they been reviewed tested or certified by Facebook.

However, there is no guarantee that you will earn any money using the techniques and ideas in these materials. When we present revenue and sales figures on our website and our other channels, we are showcasing exceptional results, which do not reflect the average experience.

You should not rely on any revenue, sales, or earnings information we present as any kind of promise, guarantee, or expectation of any level of success or earnings. Your results will be determined by a number of factors over which we have no control, such as your financial condition, experiences, skills, level of effort, education, and changes within the market. Running an online business carries risks, and your use of any information contained on this website is as at your own risk. Subject to our Refund Policy, we provide content without any express or implied warranties.

By continuing to use our site and access our content, you agree that we are not responsible for any decision you may make regarding any information presented or as a result of purchasing any of our products or services. Any claims made of actual earnings or examples of actual results can be verified upon request.

OUR MINIMUM GUARANTEES

Unless otherwise noted, all products come with a 30 days guarantee. Longer conditional guarantees may apply, so check the sales material at the time of your order for details. If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact [email protected].

© The Caregiver Cup, LLC

Last updated: June 24, 2024