Please READ carefully, as this pertains to the Agreement of your registration in FRESHLY IMPLEMENTED (sometimes referred to as Program) by AMBER MCCUE LLC (sometimes referred to as “Company”). By purchasing our Program, you (sometimes referred to as “Client”) agree to the following terms stated.

Client understands that they can contact AMBER MCCUE LLC at nice@ambermccue.com to answer any questions or to explain this Agreement.

The period of this Agreement begins on the date of purchase and ends upon completion of the upcoming FRESHLY IMPLEMENTED program session or upon cancellation or termination of this Agreement. If the parties wish to continue working together after the expiration of this Agreement, a new Agreement shall be executed by both parties with a new period of service.

PAYMENT

Client understands that they are responsible for paying AMBER MCCUE LLC in full for FRESHLY IMPLEMENTED. Participant may lose access to the program if payments are missed or full payment is not completed by the due date.

Client shall: (i) pay AMBER MCCUE LLC at the current standard rates, and (ii) pay AMBER MCCUE LLC in full upon purchase or by making the pre-arranged monthly payments as part of an agreed upon payment plan. All payments pursuant to this Agreement are non-refundable. AMBER MCCUE LLC reserves the right to place services on hold until any outstanding invoice is paid and to invoice Client ten percent (10%) annual interest rate for any outstanding, undisputed invoice not paid within thirty (30) days after receipt.

Your credit/debit card details are not handled by AMBER MCCUE LLC. All payment and all credit card handling are through a third party. Authority for payment must be given at the time of placing your order.

FEES

The fee for FRESHLY IMPLEMENTED includes the following two options: 1 payment in full (due at time of purchase) or 12 monthly payments. If you choose the Payment Plan option, you are responsible for all payments. Payments due will be as stated on the checkout page you enroll through and these terms are incorporated herein.

PLEASE NOTE: This is not a monthly membership or subscription program with the option to cancel further monthly payments. The Payment Plan option is simply the opportunity to split your payment up over 12 months. Cancellations of the payment plan will NOT be permitted outside of the Win-Win Guarantee window as outlined in this terms of sale agreement.

METHODS OF PAYMENT

If Client elects to pay by monthly installments, Client authorizes AMBER MCCUE LLC to charge Client’s credit card, debit card or PayPal account (whichever method was used for the initial payment) for each subsequent payment due. If Client elects to pay in FULL, Client may pay by credit card, debit card, or PayPal.

Client must provide current, complete, and accurate billing and credit card information. Client must promptly update all billing information (such as billing address, card number, and expiration date) to keep their account current, complete, and accurate, and must promptly contact AMBER MCCUE LLC if their credit card is lost or stolen, or if they become aware of a potential breach of account security (such as an unauthorized disclosure or use of their Sign-In Name or Password). Client hereby authorizes AMBER MCCUE LLC to obtain or determine updated or replacement expiration dates for their credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer or PayPal account, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

REFUND POLICY

Due to the extensive time involvement in the FRESHLY IMPLEMENTED program, refunds will not be given past the 14-day win-win guarantee window. This deadline is firm.

We are completely devoted to your success. We want you to be satisfied with your purchase, and we also want you to give the opportunity to leverage and benefit from all the elements of the program. The Company provides a 14-day win-win guarantee for the Program. That money-back guarantee is governed by the following terms.

In order to qualify for a refund you must participate in the self-guided Onboarding and the Align mini course and write to us to share why this program is no longer aligned and best suited to support you in your business growth. In the event that you decide your purchase was not the right decision, within 14 days of the first enrolling in Freshly Implemented, contact our team at nice@ambermccue.com and let us know you’d like a refund by the 14th day at 3:59pm CST. You must include your reasoning with your request for a refund. If you request a refund and do not include your reasoning by the 14th 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:

Requirement 1: Complete the self-guided Onboarding
Requirement 2: Complete the Align mini-course
Requirement 3: Share by email why this program is not a good fit for you and your business needs. What were you expecting that you did not see once inside the program?
Requirement 4: Submit the request by the 14th day after enrollment at 3:59 CST

We will NOT provide refunds for any request that comes more than 14 days following enrollment. This is firm. 

After day 14, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless of whether you complete the program.

The 14-day guarantee and refund is not valid on alumni renewals. Backpocket Mentor TLC calls exceeding (1) call during the Win-Win period will be deducted from any monies due at a rate of $75.00 per call. Any calls that are on the schedule beyond the date of cancellation will be forfeited and canceled.

Please note: If you opted for a payment plan and you do not request a refund within 14-days, with the required information at the time of your refund request, you are required by law to complete the remaining payments of your payment plan. This is firm.

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 the 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, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

All refunds are discretionary as determined by Amber McCue, LLC. To further clarify, we will not provide refunds for requests made after the 14th  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 outlined in the Payment section above, or the highest rate allowed by law, whichever is greater.

If you have any questions or problems, please let us know by contacting our team directly. The team can be reached at: nice@ambermccue.com.

CANCELLATION OR POSTPONEMENT

If AMBER MCCUE LLC cancels the upcoming session of FRESHLY IMPLEMENTED, Client will be guaranteed a reservation in the next scheduled start date for that program. If AMBER MCCUE LLC cancels the FRESHLY IMPLEMENTED program completely with no intent to offer another session, Client is entitled to a full refund of all paid program fees within 7 business days if the session has not yet begun. If the session has already begun, Client is entitled to a partial refund of the portion of the program that remains undelivered. AMBER MCCUE LLC has the discretion to calculate the prorated amount due.

Postponement by AMBER MCCUE LLC of a scheduled start date for any service, program, or course shall not entitle Client to a cancellation of this Agreement.

USE OF RECORDINGS

Please note that coaching calls, webinars, Power Hour, Open Studio or other audio or visual services may be recorded and portions of these recordings may be used in the future by AMBER MCCUE LLC for business and promotional materials or in conjunction with the sale of any products or services unless you specifically request otherwise. If you would like to make such a request, please send an email to nice@ambermccue.com.

Please note, personal and confidential information will never be disclosed as per the Confidentiality paragraph below and Client will be requested to approve any use of recordings that they appear or are heard in before they are shared publicly.

CONFIDENTIALITY

As part of FRESHLY IMPLEMENTED, Client and AMBER MCCUE LLC agree to hold any Confidential Information received from the other in the strictest confidence.

Client also agrees to hold every other participant’s Confidential Information in the same strict confidence as required between AMBER MCCUE LLC and its FRESHLY IMPLEMENTED participants. Information shared in Facebook groups, on calls, in video conferences, or any other means shall be maintained as confidential.

ACCESS TO PROGRAM MATERIALS and FACEBOOK GROUP

Client will have access to all materials and services for the duration of the program as long as all payments are made in full. In the event AMBER MCCUE LLC discontinues the program, Client will be given fair notice in order to have sufficient time to download any available content before the program ends.

The private Facebook group may be closed upon the completion of the FRESHLY IMPLEMENTED program this Agreement applies to. AMBER MCCUE LLC reserves the right to keep the group open for a longer period, but this in no way waives the right to close it at a future date.

NO GUARANTEE OF RESULTS

CLIENT EXPRESSLY AGREES THAT THEIR USE OR INABILITY TO USE FRESHLY IMPLEMENTED IS AT CLIENT’S SOLE RISK. The content of FRESHLY IMPLEMENTED is for educational and informational purposes only. By purchasing FRESHLY IMPLEMENTED you accept, agree and understand that you are fully responsible for your progress and results and that we offer no representations, warranties or guarantees verbally or in writing regarding your results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, network and financial situation, to name just a few. You also understand that any testimonials or endorsements by our clients, customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.

EARNINGS DISCLAIMER

EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT OUR PRODUCTS AND THEIR POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCTS, IDEAS, AND TECHNIQUES. WE DO NOT PURPORT ANY OF OUR PRODUCTS TO BE 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 OUR PROGRAMS, IDEAS, AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE, AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO THE INDIVIDUAL, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.

MATERIALS IN OUR PRODUCTS AND ON 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 MATERIALS, ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS ARE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR THE TESTIMONIALS OF OUR CLIENTS. IN FACT, NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM THE IDEAS AND TECHNIQUES IN OUR MATERIAL.

INTELLECTUAL PROPERTY

By accepting this Agreement, Client acknowledges and agrees that all content presented within FRESHLY IMPLEMENTED is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of AMBER MCCUE LLC and/or its Affiliates.

You are only permitted to use the content as expressly authorized by AMBER MCCUE LLC or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content or information from FRESHLY IMPLEMENTED in any form or by any means without prior written permission from AMBER MCCUE LLC or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available within. Any unauthorized use of the materials referred to may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

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.

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.

LIMITATION OF LIABILITY

MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT OR CONTRACT, SHALL BE LIMITED TO THE AMOUNT OF SERVICES FEES PAID BY CLIENT FOR THE SERVICES FROM WHICH THE CLAIM AROSE. IN NO EVENT SHALL AMBER MCCUE LLC BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST DATA OR LOST PROFITS, HOWEVER ARISING, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.

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 Client’s payment for the right to participate in AMBER MCCUE LLC Programs, the undersigned, your heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge AMBER MCCUE 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 Programs are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “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.

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Maryland without regard to the conflicts of laws and principles thereof. Jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement, shall be only in a federal or state court having subject matter jurisdiction located in Maryland.

ENFORCEMENT AND DISPUTE RESOLUTION

Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees’ (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of Maryland and agrees that those courts have personal jurisdiction over each party; (iii) venue will be in Maryland; and (iv) the parties will submit the dispute to mandatory mediation held in Maryland or through an online mediation service agreed upon by all parties. If the parties cannot agree on a mediator, then any party may apply at any time to the presiding judge of the Superior Court for the appointment of a mediator, and the judge’s selection is binding on all parties. The parties will share equally (50/50) in all costs of the mediation, including the mediator’s fees, but each party is solely responsible for its own attorneys’ and experts’ fees. Every mediation will be completed within 4 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 4-month period, then the parties may continue seeking to resolve the dispute via any process, including litigation by trial.

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.

PARTICIPANT ACKNOWLEDGEMENT

This Agreement shall constitute the entire agreement between Client and AMBER MCCUE LLC. Client understands and agrees that this Agreement supersedes any prior or contemporaneous oral or written agreements or statements and may not be modified without the written consent of AMBER MCCUE LLC. Client also understands that this Agreement constitutes a binding contract upon purchase of FRESHLY IMPLEMENTED.

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.

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 Program’s website and Clients shall be notified.

TERMINATION

Company is committed to providing all Clients in the Program with a positive Program 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 Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other Participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.

WARRANTIES

AMBER MCCUE LLC warrants that it has the right to provide FRESHLY IMPLEMENTED and will use all reasonable skill and care in making it available to Client and in ensuring its availability. Because of the nature of the internet, errors and omissions do occur and AMBER MCCUE LLC does not give any other warranties in respect of FRESHLY IMPLEMENTED.

CHANGES TO PROGRAM

AMBER MCCUE LLC is continually seeking to improve FRESHLY IMPLEMENTED. AMBER MCCUE LLC reserves the right, at its discretion, to make changes to any part of FRESHLY IMPLEMENTED provided that it does not materially reduce its content or functionality.

CONTACT INFORMATION

If you have any questions or concerns, please contact AMBER MCCUE LLC by email at nice@ambermccue.com.