TERMS OF USE & DISCLAIMERS
TERMS OF PARTICIPATION
Please READ carefully. By purchasing this product, the following Terms and Conditions (the “Agreement”) are entered into by Pod Sound School, LLC. (“Company”, “we”, or “us”) and you (“Client” or “You”), and you agree to the following terms stated herein. The Company and you may be referred to collectively as “Parties” in this Agreement.
PROGRAM/SERVICE
The Company agrees to provide the "Smart & Simple Video Podcasting" (the "Program"), as detailed on the registration web page. The Program may include digital or downloadable resources, an online course, one-on-one or group coaching, workshops, training sessions, and online private forums operated by the Company (for any purpose), whether on a website hosted by the Company or a third-party website, such as an online course platform. By participating in the Program, you agree to adhere to all policies and procedures outlined in this Agreement, including those incorporated by reference.
In the Program, you will participate in a virtual group coaching environment with a coach provided by the Company, who will guide you in developing a content marketing strategy, launching a podcast, and creating content assets. The Company will not create a podcast, content marketing strategy, or any content marketing assets, including podcast cover art, graphics, or videos for you but will support you in learning the necessary steps to create a podcast, content marketing strategy, and content assets independently. To achieve the expected results of the Program, you must attend all coaching sessions and complete all required assignments.
In exceptional circumstances, up to 2 weeks of sessions may be rescheduled within the 6-week program duration. Beyond this, any incomplete or unattended sessions will be considered forfeited.
Occasionally, the Company may offer bonuses to individuals who enroll in the Program. You will be entitled to any bonuses offered at the time of your enrollment. Bonuses are not guaranteed to be available throughout the entire duration of the Program and may vary depending on specific live and automated promotions during the year.
The Company reserves the right to introduce additional Program components from time to time for any subgroup of participants. These extra components are considered a bonus and are not part of the base services included in the Program. The selection of participants who may partake in any additional Program components is at the sole discretion of the Company.
PARTICIPANTS
This Program is designed and suitable only for individuals aged 18 and above, as some content may be inappropriate for children. The Company disclaims any liability for the use of the Program by individuals under 18 years old.
The Program is tailored for online business owners and entrepreneurs who will apply the skills and strategies learned throughout the Program to their businesses.
COMPANY TERMS
The Company's Terms of Use, Privacy Policy, and Disclaimer are incorporated into this Agreement by reference. Except where modified by this Agreement, these terms and policies shall fully apply to your participation in the Program.
FEES
In exchange for access to the Program, you agree to pay the following fees:
You may choose between a single payment of $1,997 (due immediately) or 6 monthly payments of $397 each. If you select the payment plan, you must make the initial payment today, and your chosen payment method will automatically charge the subsequent 5 payments monthly, totaling $2,382. If you opt for monthly payments and do not complete the Program, you remain responsible for the remaining payments. In case of any missed payments, the Company will immediately suspend your access to the Program and any bonuses.
METHODS OF PAYMENT
By using a debit or credit card, you grant us permission to automatically charge your card for all fees and charges due 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 payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
If you choose the payment plan, you authorize the Company to charge your credit or debit card automatically according to the terms outlined in the Fees section above.
Concerning recurring payments and outstanding invoices: you are legally required to complete all installments of your payment plan, and you authorize us (without notice to you, unless required by applicable law) to collect any outstanding payments using any eligible payment method we have on record for your account. If all payment methods we have on file for you are declined for your monthly fee, you must promptly provide a new payment method or your Program access will be terminated.
REFUND POLICY
We Want You to Succeed, and We Stand Behind Our 14-Day Guarantee
We want you to be fully satisfied with your purchase, but we also want you to give your best effort in applying the strategies from the course. That’s why we offer a 14-day money-back guarantee, with the following terms.
To qualify for a refund, you’ll need to show proof that you’ve put in the work but didn’t get the results. If you decide the course isn’t for you, contact our support team at admin@podsoundschool.com within 14 days of the first module release, by October 13th, 2024, at 3:59 PM PDT (“Refund Period”).
Commitment to the Program: By enrolling in the Program, you are making a commitment to complete the course and apply the knowledge and strategies taught. It is your responsibility to participate actively, engage with the content, and utilize the resources provided to maximize the benefits of the Program.
Payment Obligations: If you have chosen a payment plan, you are legally obligated to complete all installment payments, regardless of your level of participation or satisfaction with the Program. Failure to fulfill your payment obligations may result in the suspension of your access to the Program and any associated bonuses.
Chargebacks: We do not accept or tolerate any chargeback threats or actual chargebacks from your credit card company or payment processor. Initiating a chargeback without prior communication with the Company may result in reporting the incident to credit reporting agencies or other entities, potentially negatively impacting your credit score.
Support and Assistance: If you have any questions, concerns, or issues related to the Program, please contact our support team at veronica@podsoundschool.com. We are here to help you and ensure that you have a positive experience with the Program.
By purchasing and participating in the Program, you acknowledge that you have read, understood, and agreed to this No Refund Policy.
NO TRANSFER OF INTELLECTUAL PROPERTY CLAUSE; LIMITED LICENSE
All content, materials, and information provided within the Program, including but not limited to text, graphics, logos, audio, video, and any other intellectual property, are the exclusive property of the Company and are protected by copyright, trademark, and other applicable intellectual property laws. The purchase of the Program does not grant you any ownership rights or licenses to any of the Company's intellectual property.
By participating in the Program, you acknowledge and agree to the following:
No Transfer of Rights: You understand and agree that no part of the Program's intellectual property may be copied, reproduced, distributed, transmitted, displayed, published, sold, licensed, transferred, or otherwise exploited for any commercial purpose without the express written consent of the Company.
Limited License: The Company grants you a non-exclusive, non-transferable, revocable, and limited license to access and use the Program's content and materials solely for your personal, non-commercial use. This license does not permit you to sublicense, resell, or otherwise distribute the Program's content or materials to any third parties.
Restrictions: You agree not to modify, create derivative works from, reverse engineer, decompile, or otherwise attempt to extract the source code of the Program's content or materials, or otherwise use the Program's intellectual property in any manner that is inconsistent with the limited license granted herein.
Protection of Intellectual Property: You agree to take all reasonable measures to protect the Company's intellectual property and to promptly notify the Company of any unauthorized use, reproduction, or distribution of the Program's content or materials that you become aware of.
Termination of License: The Company reserves the right to terminate your access to the Program and your limited license to the Program's content and materials if you violate the terms of this No Transfer of Intellectual Property Clause or any other provisions of this Agreement.
CONDUCT, CONFIDENTIALITY, AND USE OF MATERIALS IN THE PROGRAM
Conduct in the Program and use of materials are governed by these terms and conditions, where you must choose the materials you submit or upload to the Company's website and any third-party forums carefully as they may become public.
You are responsible for any liability arising from the material you post, and you participate in the program at your own risk. Communication must be respectful, and any material posted must not be abusive, vulgar, threatening, harassing, knowingly false, defamatory, obscene, or violate any law or rights of others. The Company has the right to delete or modify posts, comments, or submissions, but is not responsible for monitoring third-party posts, comments, or material. Your privacy will be respected, and the Company will not disclose any information provided by you except as set forth in the agreement.
The Program is a "pitch-free zone" that prohibits the promotion, marketing, or selling of other products, groups, programs, or events to Program participants on any Company website or third-party forums operated by the Company. The Company has the right to create separate rules regarding your behavior in any online community or forum, which are expressly incorporated into the agreement.
You also authorize the Company, and those authorized by the Company, to use your name, email address, or screen name, and likeness as the author and person featured in any content, including comments, posts, photos, images, videos, or other contributions related to the Program or the Company, for any purpose, including commercial and advertising purposes. The content created in the Program will be saved in a shared Google Drive folder, accessible by both you and your coaches. It is your responsibility to download or create a copy of all files for your use after the Program, as the Company has no obligation to keep these files if you do not do so.
USERNAME AND PASSWORD
To utilize specific features of the Service, including private membership sections, you may require a unique username and password. It is your responsibility to maintain the confidentiality of your login credentials. When registering for any product or service, you commit to supplying truthful, accurate, up-to-date, and complete information about yourself. Should the Company have justifiable reasons to believe that you have furnished false information, disclosed your login details to others, or disseminated any non-public materials from the Service to unauthorized individuals, the Company reserves the right to suspend or terminate your account and deny any present or future use of the Service or its content, in whole or part, without reimbursement. The handling of any personal data submitted during the registration process is subject to the Company's website Privacy Policy.
FORCE MAJEURE
The Company shall not be held accountable or liable to You, nor considered in breach or default of this Agreement, for any failure or delay in fulfilling or executing any aspect of this Agreement when such failure or delay arises from or is a result of events or situations beyond the Company's reasonable control. These may include, but are not limited to, natural disasters, acts of God, pandemics, the passing, illness, or incapacitation of Veronica Davis or/and Stephen Davis, explosions, compliance with any local, state, federal, national, or international laws, orders, or regulations, governmental actions, war, invasions, hostilities (regardless of whether war is formally declared), terrorism, riots, civil unrest, national emergencies, revolutions, insurrections, epidemics, labor disputes (including strikes unrelated to either party's workforce), carrier restrictions or delays, difficulties or delays in obtaining sufficient or appropriate materials, infrastructure or telecommunication breakdowns, or power outages (altogether, "Force Majeure Events"). In the event of any Force Majeure Event, the Company will notify you of its inability to perform or any delay in completing the Program, suggest adjustments to the completion timeline, propose alternative solutions, or, if necessary, terminate this Agreement.
SEVERABILITY
In the event that a court with the appropriate authority deems any term or provision of this Agreement to be invalid, unlawful, or unenforceable in any jurisdiction, such a determination shall not impact any other term or provision within this Agreement or render the problematic term or provision invalid or unenforceable in other jurisdictions. The rest of this Agreement shall continue in full effect, and the invalid or unenforceable provision shall be substituted with a valid and enforceable provision.
INDEMNIFICATION AND RELEASE
You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, your breach or violation of this Agreement, or your infringement, misappropriation, or violation of any intellectual property or other rights of any third party. You further agree to promptly notify the Indemnified Parties of any such claim, demand, or lawsuit, and to cooperate fully in the defense of any such claim at your own expense.
In addition, you hereby release the Indemnified Parties from any and all liability, claims, or actions of any kind whatsoever for injuries, damages, or losses that may be sustained by you or any third party due to your use of the Service or your breach of this Agreement. This release is binding upon you, your heirs, representatives, executors, administrators, and any other persons acting on your behalf or on behalf of your estate. If you are a resident of a jurisdiction that restricts the scope of release provisions, you agree that this release will be interpreted to the fullest extent permitted under the applicable law of that jurisdiction.
DISCLAIMERS
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide you with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors and coaches, is not intended as, and shall not be understood or construed as, professional advice.
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.
Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
Client, YOU, understands Stephen Davis ( also known as Studio Steve) and Veronica Davis (herein referred to as “Consultants”), and the Company is not an agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst or advisor, psychotherapist, medical professional or accountant. Client understands that Consultants and the Company have 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 Consultants’ or Company’s network of contacts, media partners or business partners. The client understands that a relationship does not exist between the Parties after the conclusion of this program. If the Parties wish to extend their relationship, they shall execute a separate agreement.
SECURITY
Protecting your personally identifiable information is of paramount importance to us. However, no data transmission over the internet can be guaranteed to be completely secure. As such, while we endeavor to safeguard your personal information, the Company cannot guarantee the security of any information you transmit online. By sending any such information to the Company, you acknowledge that you do so at your own risk.
INTERNATIONAL USERS
The Company manages and operates the Program from its offices in the United States. The Company does not claim that the Content or other materials provided within the Program are suitable or accessible for use in other locations. Individuals who opt to access the Program from other locations do so of their own accord and are responsible for complying with local laws, where and to the extent that local laws are applicable.
ASSIGNMENT
You are not permitted to assign this Agreement without obtaining the Company's prior express written consent.
MODIFICATION
The Company reserves the right to modify the terms of this Agreement at any time. Any modifications will be posted on the Company's website, and purchasers will be notified accordingly.
TERMINATION
At its sole discretion, the Company may terminate your access to the Program and related services, or any portion thereof, at any time and without notice if you become disruptive to the Company or other Program participants, fail to adhere to the Program guidelines, or violate this Agreement in any way. In the event of termination, you are not entitled to a refund of any portion of the fees and are still obligated to make any remaining payments under a payment plan.
Should you choose to cancel your participation in the Program, no refund will be issued for any remaining days or months of the Program following your cancellation. Any outstanding installment, default, or late payments will become due immediately.
Upon cancellation or termination, you will no longer be authorized to access the Content or Program. The restrictions imposed on you in this Agreement regarding the Program and Content will continue to apply both now and in the future, even after termination by you or the Company.
RESOLUTION OF DISPUTES
This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to its conflict of laws principles. The state and federal court nearest to Chapel Hill, North Carolina shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to the Company’s Privacy Policy or this Agreement. By using the Program, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to this Agreement, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
EARNINGS DISCLAIMER
Every effort has been made to accurately represent the Program and the educational value it provides. However, 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 in the Program is at your own risk. The Company provides the Program and Content without any express or implied warranties. There is no guarantee that you will earn any money using the techniques and ideas in the Program or Content. 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.
By continuing to use the Program and access the 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 Company products or services. Any claims made of actual earnings or examples of actual results can be verified upon request.
If you do not understand or agree with any of these conditions, please do not purchase the Program. If you require further clarification, please contact veronica@podsoundschool.com
CONTACT US
Pod Sound School, LLC. welcomes your questions or comments regarding the Terms and Conditions:
Pod Sound School ®, LLC
PO Box 16423
Chapel Hill, NC 27516
Email Address: veronica@podsoundschool.com
Effective as of September 26, 2024