Terms & Conditions
1. Notice/Acceptance of Terms
This Terms of Use Agreement (this “Agreement”) is a contract between you and Chelese Perry, LLC operates the website found at the address www.cheleseperryllc.com (the “Site”). This Agreement governs your use of the Site. Please carefully read so that you fully understand this Agreement. Chelese Perry, LLC is willing to provide you with access to the Site only on the condition that you accept all of the terms and conditions (the “Terms”) contained in this Agreement. This Agreement governs your use of the Site. Please carefully read all of the Terms. By using the Site, you agree to comply with and be bound by these Terms. If you do not agree to the Terms, you are not authorized to use the Site. Chelese Perry, LLC reserves the right to modify the Terms at any time by posting a notice on the home page of the Site. Your use of the Site after the notice indicates you agree to the changes.
2. Access to the Site
In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content and pay any service fees associated with such access. System availability and access to the services available on this Site may be limited or unavailable for reasons which may include, without limitation, system performance. Chelese Perry, LLC makes no representations, warranties or assurances as to the availability of the Site.
3. Restrictions on Use
You may not print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on this Site, for other than your personal information. These restrictions will apply except in cases where Chelese Perry, LLC otherwise agrees in writing.
Without limiting the generality of the foregoing, you may not:
- include such content in or with any product or service that you create or distribute;
- reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site;
- establish: (i) a hyperlink, including a deep link, to any page or location on the Site; or (ii) a frame containing any portion of the Site, on any other Web site or text document with hyperlink capabilities without the express written permission of Chelese Perry, LLC;
- copy such content onto your or any other website or publication; or
- direct any other person to do any of the foregoing.
Nothing in this Agreement shall be construed as conferring any right under any intellectual property of Chelese Perry, LLC, its affiliates or any other person or entity owning the intellectual property in the content provided on the Site.
4. Intellectual Property
All Chelese Perry, LLC trademarks that appear on the Site are the exclusive property of Chelese Perry, LLC. The trademarks, trade names, trade dress and associated products and services represented on the Site are protected under the United States and international law and their display on the Site does not convey or create any license or other rights in these trademarks, trade names, trade dress, and associated products and services. Any use of them without prior written authorization of Chelese Perry, LLC or the relevant trademark owner is strictly prohibited.
Any third-party trademarks mentioned on the Site which are not those of Chelese Perry, LLC are the trademarks of their respective owners. The display of these trademarks or trade names on the Site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of those third-party trademarks is strictly prohibited.
Any unauthorized copying, redistribution, reproduction or modification of the contents of the Site by you may be a violation of federal, state or common law trademark and/or copyright laws, and could subject you to legal action.
5. Modifications to Site
Chelese Perry, LLC reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) from time to time, for any or no reason and without notice. You agree that Chelese Perry, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. The information and materials contained on the Site are subject to change. Chelese Perry, LLC endeavors to keep the information posted on the Site current, however, such information is subject to change at any time without notice to you and the posted information on the Site may not immediately reflect such changes.
6. Third Party Links and Advertising
The Site may provide links or references to other sites. If Chelese Perry, LLC has provided links or pointers to other websites, no inference or assumption should be made and no representation should be implied that Chelese Perry, LLC is connected with, operates or controls these websites.
Chelese Perry, LLC makes no representations, warranties or assurances as to any information in such sites, has no responsibility for their content and shall not be liable for any damages or injury arising from that content. Chelese Perry, LLC disclaims any opinions expressed on such sites. Any links to other sites are provided merely for your convenience and the inclusion of such links does not imply that Chelese Perry, LLC endorses the content of such sites. Where Chelese Perry, LLC is offering its own content (or content of an affiliate) on or through third party sites (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement.
Chelese Perry, LLC takes no responsibility for third party advertisements which are posted on the Site, nor does it take any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including, without limitation, with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding upon nor constitute obligations of Chelese Perry, LLC. You agree that Chelese Perry, LLC shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, “Claims”) incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify Chelese Perry, LLC and its affiliates from and against any claims incurred as the result of any such dealings.
If you are interested in creating hypertext links to the Site, you must contact Chelese Perry, LLC before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or Chelese Perry, LLC, including its respective employees, agents, directors, officers, and shareholders.
Chelese Perry, LLC is not responsible for the content or practices of third party sites that may be linked to the Site and makes no representation or warranty regarding such sites or their content. The Site may also be linked to other sites operated by companies affiliated or connected with Chelese Perry, LLC. When visiting other sites, however, you should refer to each such site’s individual “Terms of Use” and not rely on this Agreement.
7. Disclaimer of Warranties
Except as expressly provided otherwise, Chelese Perry, LLC disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Site. The Site may contain inaccuracies or typographical errors. Chelese Perry, LLC disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Site or the use thereof.
Any communications sent to you via the Site or otherwise from Chelese Perry, LLC (including, without limitation, in the form of newsletters, electronic mail or via telephone), and the contents of this Site (including, without limitation, any technology, financial, investment, corporate, or tax information) are provided for informational and educational purposes only and are not intended to provide legal, investment, financial, or tax advice and should not be relied upon in that regard. Your financial circumstances and tax situation is unique. Therefore, you should independently consult a lawyer or tax advisor.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, Chelese Perry, LLC AND ITS DATA PROVIDERS WILL USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION IN THE SITE, BUT ALL INFORMATION, PRODUCTS, AND SERVICES OFFERED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. Chelese Perry, LLC AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE TECHNOLOGY, PRODUCTS, AND SERVICES OFFERED ON THE SITE. Chelese Perry, LLC AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL.
Some states do not allow the exclusion of implied warranties, so these exclusions may not apply to you.
8. Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL Chelese Perry, LLC, ANY OF Chelese Perry, LLC’s AFFILIATES, SUBSIDIARIES OR DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OF THE SITE (COLLECTIVELY THE “SITE PROVIDERS”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE, ANY COMMUNICATIONS SENT TO YOU VIA THE SITE OR OTHERWISE FROM Chelese Perry, LLC (INCLUDING, WITHOUT LIMITATION, IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO AND FROM THE SITE PROVIDERS, AND INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICE, EVEN IF ANY ONE OF OR ALL OF THE SITE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT OF THE SITE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9. Information Collected by Third-parties.
Chelese Perry, LLC may allow third-party companies that use tracking technologies, such as cookies or pixels, to record IP information about users who visit or interact with the Site. The Site does not provide any personal information to these third parties. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative which offers a single location to opt out of ad targeting from member companies.
10. Online Commerce
By purchasing a coaching program or product, you acknowledge and agree that Chelese Perry, LLC is not responsible for your results, earnings, future earnings as a result of a coaching program or product. Chelese Perry, LLC does not provide professional/legal advice. Chelese Perry, LLC is not responsible for any professional/legal advice that you obtain in consideration of you purchasing a coaching program or product. Your results will be completely dependent on your understanding and application of the coaching program or product. If paying by credit/debit card, you give Chelese Perry, LLC permission and authorization to automatically charge your credit or debit card as payment for a coaching program or product, for which you will receive an electronic receipt.
If you fail to make payment in a timely manner in accordance with these Terms and Conditions or voluntarily decide to withdraw from the coaching program or product at any time or for any reason whatsoever, you will remain fully responsible for the full cost of the coaching program or product.
When you purchase a coaching program or product, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and by Chelese Perry, LLC. A merchant may have privacy and data collection practices that are different from Chelese Perry, LLC’s data collection practices. You agree that Chelese Perry, LLC has no responsibility or liability for the merchant’s independent policies.
You agree to be financially responsible for all purchases made by you. You agree to purchase and use a coaching program or product for legitimate purposes only in compliance with these Terms of Use. You also agree not to make any purchases for speculative, false or fraudulent purposes. You agree to release Chelese Perry, LLC and its affiliates from any damages that you incur. You agree not to assert any claims against Chelese Perry, LLC or its affiliates, arising from your purchase or use of a coaching program or product.
You agree to only purchase a coaching program or product for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal or financial information to Chelese Perry, LLC or a merchant, you represent that you have obtained his/her consent to provide such third party’s personal information.
For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s site and click on its information links or contact the merchant directly.
11. Refund Policy
Your satisfaction with a coaching program or product is important to Chelese Perry, LLC. You acknowledge that extensive time, effort, preparation, and care goes into creating and providing you a coaching program or product. You agree that Chelese Perry, LLC will not refund any portion of your payment for a coaching program or product.
12. Termination
Chelese Perry, LLC reserves the right to refuse or terminate your access to a coaching program or product, the Site, e-mail communications, or any other method of communications related to a coaching program or product at any time without notice. If you or Chelese Perry, LLC terminate a coaching program or product at any time, these termination terms shall apply to you. In the event of cancellation or termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the coaching program or product on the Site, e-mail or any or other methods of communications affected by such cancellation or termination. The restrictions imposed on you with respect to the coaching program or products, including but not limited to, all disclaimers, limitations of liabilities and rights set forth in these Terms and Conditions, shall survive such termination of your access and apply in full force.
13. Dispute Resolution
Chelese Perry, LLC seeks to address any dispute amicably through a phone conversation or e-mail correspondence. If a dispute arises between you and Chelese Perry, LLC, you agree to engage in mediation and you and Chelese Perry, LLC agree to jointly select a mediator in the State of Virginia. If you and Chelese Perry, LLC are unable to mutually agree to select a mediator, you agree that a mediator shall be appointed by the District Court of the State of Virginia. You agree that the mediation will be held in-person in Fairfax County, VA or by telephone or video conference.
If you and Chelese Perry, LLC are unable to resolve the dispute in mediation, you agree to engage in binding arbitration and you agree to jointly select a single arbitrator in the state of Virginia, in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court in the the State of Virginia having the appropriate jurisdiction. Prior to seeking arbitration, you agree to submit your complaint to Chelese Perry, LLC via e-mail communications. You understand and agree that the only remedy that can be awarded to you through arbitration is a full refund of your payment made to date. No award of consequential or of any other damages shall be granted to you.
By purchasing a coaching program or product, you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission or other conduct complained of as submitted by you in e-mail communications, or shall otherwise be forfeited forever. You also agree that if arbitration occurs, it will be held in Fairfax County, VA, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce this Agreement.
In the event of a dispute between you and Chelese Perry, LLC, you agree to not engage in any conduct or communications, public or private, designed to disparage Chelese Perry, LLC and Chelese Perry, LLC coaching programs or products.
14. Miscellaneous.
1. Governing Law. This Agreement shall be governed by the laws of the State of Virginia, without regard to conflicts of law provisions. The parties agree that the exclusive jurisdiction for any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, this Agreement or services provided in connection therewith shall be in the state and federal courts located in Fairfax County, VA.
2. Entire Agreement. This Agreement is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by any affiliate of Chelese Perry, LLC, which are not included in this Agreement, shall be binding on Chelese Perry, LLC or its affiliates.
3. Amendments. You agree that you shall not modify or amend this Agreement, in whole or in part without the prior written consent of an authorized representative of Chelese Perry, LLC. You agree that Chelese Perry, LLC may amend this Agreement and your subsequent use of the Site, or any content, coaching programs or products provided through the Site, will be subject in all respects to the terms and conditions in force at the time of your subsequent use. You are advised to check this Agreement regularly for any amendments.
4. Waiver. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and Chelese Perry, LLC. Chelese Perry, LLC’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
5. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative, and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
6. Miscellaneous. This Agreement shall inure to the benefit of Chelese Perry, LLC and its subsidiaries and affiliates. Any and all references in this Agreement to Chelese Perry, LLC and its affiliates shall, where the context so permits include Chelese Perry, LLC’s parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors, and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third-party content or third-party software on or through a link provided on the Site.
7. Assignment. Chelese Perry, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Please contact Chelese Perry, LLC if you have any questions or concerns regarding these terms.
15. Disclaimer
Chelese Perry, LLC shall not guarantee your results, earnings, future earnings as a result of Chelese Perry, LLC coaching programs or products. Chelese Perry, LLC shall not provide you professional/legal advice. Your results in your professional development will be completely dependent on your understanding and application of Chelese Perry, LLC coaching programs and products.
Contacting Us
If there are any questions regarding this privacy policy you may contact Chelese Perry, LLC using the information below.
chelese@cheleseperryllc.com
Last Edited on November 9, 2020