TERMS AND CONDITIONS
Please read carefully. By purchasing this service, you ("Client") agree to follow the terms stated herein.
SERVICE
Krista Kurlinkus, LLC (“Krista Kurlinkus” or “Company”) agrees to provide "1-on-1 Coaching (1 hour)," "1-on-1 Coaching (3 hours)," "1-on-1 Coaching (5 hours)," "Getting Started 1-on-1 Coaching Program," "Leveling Up 1-on-1 Coaching Program," or "Going Pro 1-on-1 Coaching Program," (“Service”), as identified in online commerce shopping cart. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Service.
DISCLAIMER
Client understands Krista Kurlinkus (“Consultant”) and Company, is not an employee, agent, grant consultant, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist, accountant, or professional solicitor. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure grant awards, charity funds, employment, 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; (7) act as professional fundraising counsel or professional solicitor for Client. Client understands that a relationship does not exist between the parties after the conclusion of these programs. If the Parties continue their relationship, a separate agreement will be entered into.
Earnings Disclaimer
Every effort has been made to accurately represent this Service and its potential.
There is no guarantee that you will be awarded or earn any money using the techniques and ideas in these trainings and materials. Earnings potential is entirely dependent on the person using our services, ideas, and techniques. We do not position this service as a “get rich scheme.”
Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the programs, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or revenue level. Nor are we responsible for any of your actions.
Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
Any and all forward looking statements here or on any of our sales material are intended to express our opinion of grant award earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
TERMS OF PARTICIPATION
Please READ Carefully: By purchasing this Service you (herein referred to as “Client”) agree to the following terms stated herein.
Program/Service
Krista Kurlinkus, LLC (herein referred to as “Krista Kurlinkus” or “Client”) agrees to provide Client with “Training” (educational review of and comments on up to on writing or strategy training). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Training.
DISCLAIMER
Client understands Krista Kurlinkus (herein referred to as “Consultant”) and Company, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist, accountant, or professional solicitor. Client understands that Consultant has not promised, shall not be obligated to and will not: (1) procure or attempt to procure grant awards, charity funds, employment, 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; (7) act as professional fundraising counsel or professional solicitor for Client. Client understands that a relationship does not exist between the parties after the conclusion of these programs. If the Parties continue their relationship, a separate agreement will be entered into.
FEES
1-on-1 Coaching (1 hour) is a one-time fee of $400 charged to Client's credit card or payment information at checkout. Other discounts may apply.
1-on-1 Coaching (3 hours) is a one-time fee of $1,000 charged to Client's credit card or payment information at checkout. Other discounts may apply.
1-on-1 Coaching (5 hours) is a one-time fee of $1,700 charged to Client's credit card or payment information at checkout. Other discounts may apply.
Getting Started 1-on-1 Coaching Program is a monthly fee of $525, charged every 30 days for 3 months to Client's credit card or payment information on file with SamCart. This subscription requires a 3-month commitment to monthly payments. Other discounts may apply.
Leveling Up 1-on-1 Coaching Program is a monthly fee of $960, charged every 30 days for 3 months to Client's credit card or payment information on file with SamCart. This subscription requires a 3-month commitment to monthly payments. Other discounts may apply.
Going Pro 1-on-1 Coaching Program is a monthly fee of $1,350, charged every 30 days for 3 months to Client's credit card or payment information on file with SamCart. This subscription requires a 3-month commitment to monthly payments. Other discounts may apply.
Monthly hours must be used within 90 days of purchase. To subscribe to a coaching program (Getting Started, Leveling Up, or Going Pro), you must commit to 3 months of the subscription. After the first 3 months, subscriptions will be complete and up for renewal. Subscriptions will not be automatically renewed.
Fees are non-refundable, regardless of whether Client uses the hours with Company.
Upon purchase of training, Company will email Client with a link to Company’s Acuity scheduling app to schedule a consultation by phone or online session. It is the responsibility of the Client to use the link to schedule their training.
If Client has confirmed a training time via the Acuity scheduling app and Client does not show up (virtually or by phone), Client may be charged a $30 reschedule fee.
If Client is more than 5 minutes late to a training, Client will only be given the remaining time allotted for the training and not past the scheduled end time.
For billing questions, email support@grantwritingmadeeasy.com.
BILLING DISPUTES
The Client agrees to provide Company with 30 days to attempt settlement of any billing dispute before disputing with any third-party credit/debit card company or bank.
Should the Company receive a chargeback from a third-party credit/debit card company or bank on the Client’s behalf before the Company has been given a chance to resolve the issue, the Company has the right to charge the customer for its time spent in resolving such disputes and any associated fees incurred by the Company, in addition to a $50 chargeback fee.
Regardless of the outcome of the chargeback, the Company retains the right to collect on any Services or fees that are due. The Company may submit any disputed amounts to a collection agency. Once a chargeback has been received, The Company has the right to suspend the account until the matter is resolved.
For billing questions, email support@grantwritingmadeeasy.com.
CONFIDENTIALITY
The Company respects Client’s privacy and insists that Client respects the Company’s and Training Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Training participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Participants during Training. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product you agree that if you violate or display any likelihood of violating this session the Company and/or the other Training participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
CLIENT RESPONSIBILITY
Training is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Training. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the training and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Training. Company assumes no responsibility for errors or omissions that may appear in any program materials.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder. Contractor will not be entitled under this Agreement to any of the benefits that Client may make available to its employees, including but not limited to group health insurance, life insurance, profit-sharing, retirement benefits, paid vacation, holidays or sick leave, or workers’ compensation insurance. No part of Contractor’s compensation will be subject to withholding by Client for the payment of any social security, federal, state or any other employee payroll taxes.
FORCE MAJEURE
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
SEVERABILITY/WAIVER
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
MISCELLANEOUS
LIMITATION OF LIABILITY
Client agrees they used Company’s services at their own risk and that Training is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Trainings are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that 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 Training. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
NON-DISPARAGEMENT
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’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 or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
ASSIGNMENT
Client may not assign this Agreement without express written consent of Company.
Company may modify terms of this agreement at any time. All modifications shall be posted on Krista Kurlinkus’s website and purchasers shall be notified.
TERMINATION
Company is committed to providing all clients who purchase the Training with a positive Training experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Service without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Training guidelines, is difficult to work with, or upon violation of the terms as determined by Company. Client will still be liable to pay the total service amount.
INDEMNIFICATION
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client 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. In consideration of and as part of my payment for the right to participate in of Company's programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Krista Kurlinkus, LLC and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Trainings are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.
RESOLUTION OF DISPUTES
If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
INJUNCTIVE RELIEF FOR BREACH
Contractor agrees that his obligations under this Agreement are of a unique character that gives them particular value; Contractor’s breach of any of such obligations will result in irreparable and continuing damage to Client, for which there will be no adequate remedy at law; and, in the event of such breach, Client will be entitled to injunctive relief and/or a decree for specific performance, and such other and further relief as may be proper (including monetary damages if appropriate).
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.
NOTICES
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: support[at]grantwritingmadeeasy[dot]com. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma, United States of America.