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JENNIFER LEMAITRE COACHING, LLC

PRIVATE COACHING TERMS AND CONDITIONS OF USE 

USER'S ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS

BY PURCHASING FROM JENNIFER LEMAITRE COACHING, YOU ARE CONSENTING TO THESE POSTED TERMS AND CONDITIONS.

Please read these Terms and Conditions of Use (“TOU”) carefully.  You must agree to these TOU before you are permitted to use any Jennifer Lemaitre Coaching, LLC digital or downloadable resources, online courses, online portals, one-on-one or group coaching sessions, classes, programs, workshops, or trainings, or enter any online private forums operated by Jennifer Lemaitre Coaching, LLC (for any purpose), whether on a website hosted by Jennifer Lemaitre Coaching, LLC or a third-party website such as an online course platform, Slack, or facebook.com (collectively “the Program”). 

 

If you do not agree with these TOU, you may not use the Program.

 

As used in these TOU, the term “Releasees” is defined to include the following: (i) Jennifer Lemaitre Coaching, LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, contractors, agents, coaches, representatives, successors, and assigns (collectively the “Company”); (ii) any Company volunteers; and (iii) Jennifer Lemaitre.

 

 

1. Scope of Services

 

In private coaching, you will receive: 

  • Eighteen, 50 Minute Zoom Strategy Calls (3 calls a month)

  • Email / Voice Note Support between calls M-F between 10am - 5pm EST

  • Detailed Plan of Action + Access to Resources/Templates

(a) This Agreement includes the following services:

 

• A 6-month coaching partnership for educators building a tutoring business

• Online course content

• Weekly Group Strategy Sessions + Support via private community/group.

 

The Services outlined above are to be referred to as the “Services.”

(b) Any additional services provided by Company to client may require additional fees to be discussed and agreed upon by the parties. Additional services may require signing of a separate agreement.

(c) Location. The services will be rendered virtually via video conference.

 

2. Client Duties

(a) Compensation. In consideration for the Services provided by Company to Client as set forth in Section 1 above, Client agrees to pay the current fee of {{job.invoice | total}}.  In the event that any authorized charge applied by us to your card fails, you remain responsible for payment as agreed to, as well as any penalty/late fees as detailed below.

 

(b) Payment Security and Disputes. To the extent that Client provides Company with credit/debit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s card(s) or account(s) for any unpaid charges on the dates set forth in this Agreement.

If Client selects the multiple payment/installment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client agrees to not dispute any charges at any time to Company’s account through Client’s financial institution. In the event that Client inadvertently disputes a charge made to the account, Client agrees to immediately cancel/withdraw such a dispute. Client agrees to not cancel the credit/debit card that is provided as security without Company’s prior written consent. Client is responsible for any fees, including attorney’s fees, associated with recouping payment(s) any collection fees associated with such an event.

(c) Tools to be Provided by Client. Client agrees to provide all information and documentation that may be required by Company to effectively perform said Services.

(d) Client understands that Client’s success is dependent upon Client’s level of participation in the Services. In order to get the most out of the Services, Client must also work to implement the tools and strategies learned throughout the Services and make considerable efforts toward Client’s own development on Client’s own time.

 

3. Term

Private coaching will last for six (6) months. Client will not have ongoing access to the Services or Company under this Agreement upon completion of these Services and outside the scope of these Services as outlined in Section 1(a). Client and Company may choose to renew this Agreement for additional Services upon signing of a new agreement. In the event that the full time allotted to the Intensive is not used, the remaining time is forfeited.

Client is allotted 3 (three) call cancellations that are eligible for reschedule. Any calls exceeding the three missed calls, will be forfeited. 

 

Client acknowledges that Company's office hours are Monday through Friday from 10 am EST - 5 pm EST and Saturdays from 10 am - 12 pm EST. All communication made outside of these hours will be responded to during normal business hours. Jennifer Lemaitre Coaching observes the following holidays, and our office will be closed during these days: New Year's Day, MLK Day, Juneteenth, and Labor Day. Company Vacations are as follows: The second and third FULL weeks of June are our summer breaks, and our winter break will take place December 23-January 2nd. There will be no coaching calls during these Company vacation periods. Any deviation from this schedule will be communicated in writing to clients and is at the sole discretion of the Company. 

 

4. Fees, Termination, and Scheduling. The investment for Private Coaching is $7000 and includes:

• A 6-month coaching partnership for educators building a tutoring business

• Online course content

• Weekly Group Strategy Sessions + Support via private community/group.

 

You agree to the fees and payment schedule selected at checkout. 

All payments are non-refundable, which is part of our 100% commitment policy. Due to the nature of the coaching and courses, refunds will not be issued under any circumstances.  If the Client selects the payment plan option and defaults on payments, services and access to Company resources will be suspended until payments are fully resolved. Should you choose to terminate the program for any reason, you will still owe a remaining balance. You are responsible for the entire balance of the program once you sign up. If you enrolled in a payment plan, your initial payment will be due immediately and recurring monthly payments will be charged to your card on the same calendar day each month. 

This agreement will become effective once all parties have signed and a deposit has been submitted. Unless it is terminated earlier, this agreement will continue until the Services have been satisfactorily completed and the Consultant has been paid in full.

The Company reserves the right to reschedule any sessions during the duration of this program due to schedule conflicts, sickness, etc. The Client will receive email communication shall this be a change that occurs.
 

If paying by debit card or credit card, you give the Company permission to automatically charge your credit or debit card for all fees and charges due and payable 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 the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

 

If payment is not received by the due date, you will have a three (3) day grace period to make the payment, otherwise the Program will not continue and the Company reserves the right to terminate your access to the Program and all Content, as defined below, immediately and permanently.  

 

If you fail to make any payment in a timely manner or voluntarily withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you have chosen. The Company reserves the right to charge a late fee on all balances more than thirty (30) days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

 

 

5. No Guarantees

We cannot guarantee the outcome of the Services. We make no guarantees other than that the Services described in Section 1(a) shall be provided to you in accordance with this Agreement. Client acknowledges that Company cannot guarantee any results of the Services as such outcomes are based on subjective factors (including, but not limited to, Client’s participation) that cannot be controlled by Company. Any testimonials or reviews shared by Company are not a representation of guaranteed results, only possible results. Client not achieving his or her desired results is not grounds for a refund.

 

 

6. Confidentiality

(a) Client Information. Any and all Client information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know how, business and process information (“Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing Client with the Services specified here without Client’s express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third-party free to disclose such information, or (d) is independently developed by Company without use of the Client’s Confidential Information. You may use a screen name or pseudonym instead of your actual name for your participation in coaching sessions and public posts on the Company website and in third-party forums operated by the Company. You agree that the Company shall not be liable for the disclosure of any of your information by another Program participant. You agree to keep all information you learn about other Program participants, their businesses, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.

(b) Company Information. Client agrees to keep confidential any Confidential Information, as defined in Section 7(a), shared by Company in the rendering of these Services. Any Confidential Information shared by Company, its employees, or contractors is confidential, proprietary, and belongs solely and exclusively to Company. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, online or otherwise. Confidential Information shall not include information rightfully obtained from a third party. Client will keep Company’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss, and theft.

 

(c) Non-Disparagement. Client shall, during and after the participation in the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. This provision in no way restricts a Client’s ability to communicate reviews or performance assessments about Company’s goods or services.

 

(d) Violations of Confidentiality. Client agrees that if Client violates or displays any likelihood of violating this Section 7 the Company will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.
 

7. Independent Contractors

(a) Independent Contractor Relationship. This Agreement shall not render Company an employee, partner, agent of, or joint venturer with the Client for any purpose. Company is and will remain an independent contractor and service provider in its relationship to the Client. Company is or remains open to conducting similar tasks or activities for entities other than the Client and holds itself out to the public to be a separate business entity. Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under this Agreement. Company will not be required to follow or establish a regular or daily work schedule. Company will not rely solely on the equipment or offices of Client for completion of tasks and duties set forth pursuant to this Agreement. Any advice given to Company regarding services performed for the Client shall be considered a suggestion only, not an instruction. Company and Client agree to conform to any and all IRS tests necessary to establish and demonstrate the independent contractor relationship between Client and Company.

(b) Taxes & Benefits. Company will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Client shall not be responsible for withholding taxes with respect to Company’s compensation. Company shall have no claim against Client for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.

 

8. Ownership of Intellectual Property

(a) IP Ownership. Client agrees that the Services contain proprietary content (“Intellectual Property”) that is owned solely by Company and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. Company retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the universe in any and all mediums. Company grants Client a license to use the Intellectual Property solely for Client’s own noncommercial purposes.

 

Client agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan, or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, Client agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Company’s Intellectual Property (including any and all content) or that in any way violates Company’s Intellectual Property, without Company’s written consent. Any registered or common law trademark, service mark, logo, or tagline used in conjunction with the Program is property of the Company. Client may not use such trademarks or service marks for any purpose except with written permission by Company.

 

The Tutor’s Blueprint®, and Trusted Tutor® are trademarks of JENNIFER LEMAITRE, LLC. The Tutor’s Blueprint® is a copyrighted work of JENNIFER LEMAITRE, LLC.

(b) No Resale of Services Permitted: Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services (including learning materials/resources), use of the Services, or access to the Services. This agreement is not transferrable or assignable without the Company’s prior written consent.

(c) Client agrees to not share access to the materials with others. This includes parties that have not purchased access to the Services, or any other third-party that Company has not authorized access to.

9. The Company’s Limited License to You

If you view, purchase, or access any Program or any of the Content, you will be considered our Licensee. To avoid doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.  

 

This means you may view, download, print, email and use one copy of individual pages of the Program and Content for your own personal purposes or your own business only. 

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third-party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Program or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Program or Content shall constitute infringement.  

 

If you have enrolled in The Tutor’s Blueprint® Program, you are granted access to the Content of that program, including materials, coaching calls, and the online community, for fifty-two (52) weeks only.

 

You must receive the Company’s written permission before using any of the Program or Content for your own commercial use or before sharing with others. 

The trademarks and logos displayed on the Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.

10. Your License to the Company; Use in Testimonials and Marketing.
By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics,
guest trainings, images or videos or other contributions, you are representing to the Company that you are the
owner of all such materials, and you are at least eighteen (18) years old.


You consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or
other communications, that may be made by the Company during the Program that may contain you, your
voice and/or your likeness.


You grant the Company the right to use any photographs, videos, audio recordings and/or any other materials
either submitted by you to the Company, or created by the Company in connection with your participation at
any live or virtual event hosted by the Company, for any purposes, including commercial purposes and
advertising, and grant the Company the right to make it part of the Company’s current or future website,
Program, and Content, without compensation to you at any time, now or at any time in the future. This
includes the right to use your likeness and identify you as the individual depicted in any such photographs,
videos, audio recordings and/or any other materials without any further permission from you or compensation
by the Company to you.


This means if you attend our events, you are giving us permission to use any photographs, videos and/or
audio recordings captured during those events, including images or recordings where you are visible and
recognizable.

 

Additionally, you grant the Company an unlimited, royalty-free, perpetual, irrevocable, non-exclusive,
unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from,
distribute, and/or publicly display any comments, statements, or testimonials you submit or share in connection
with your participation in any Program for any purposes, including commercial purposes such as advertising,
and grant the Company the right to make it part of the Company’s current or future website, Program, and
Content. This right includes granting us proprietary rights or intellectual property rights under any relevant
jurisdiction without any further permission from you or compensation by us to you. You acknowledge that the
Company has the right but not the obligation to use any contributions from you and that the Company may
elect to cease the use of any such contributions at any time for any reason.


This means we can use any statements or comments that you have made on our website or inside of the
coaching portal or Slack community as testimonials without further permission from you.
 

11. Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to the Company,
you should request permission in writing BEFORE you use the Content by sending an e-mail to
[email protected] 


If you are granted permission by the Company, you agree to use the specific Content that the Company allows
and only in the ways for which the Company has given you its written permission. If you choose to use the
Content in ways that the Company does not specifically give you written permission, you agree now that you
will be treated as if you had copied, duplicated and/or stolen such Content from the Company, and you
consent to immediately stop using such Content and to take whatever actions as the Company may request
and by the methods and in the time frame that the Company prescribes to protect its intellectual property and
ownership rights in the Program and Content.


12. Coach-Client Relationship
The coaching relationship is co-creative, meaning that the coaches and you are equal partners in the
coaching process.


13. Your Coaches’ Responsibilities
Your coaches are trained to use communication skills and coaching tools to support you as an equal partner
throughout the coaching process.
Your coaches will provide individual guidance to group participants based on information provided to the
coaches.
Your coaches will answer questions through whatever forum your Program provides, such as via the
Company’s website, a social media forum, live event, community message, or live group coaching call.


14. Your Responsibilities
You agree to complete all tasks assigned during the Program, including but not limited to watching or listening
to videos, completing worksheets, assignments, and homework, and attending and participating in coaching
sessions.
You agree that your relationship with the Company is that of a coach-client relationship and that no other
professional relationship has been established.
You agree that coaching is not to be used as a substitute for professional advice of any kind, including
medical, mental, or other qualified professional help and you agree to seek professional guidance for such
matters, should they arise, independent of the coaching relationship.


15. Your Conduct
The Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products,
groups, programs, or events to Program participants on any Company website or third-party forums operated
by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means you
agree not to form, or ask Program participants to join, “shadow” groups on social media or any other platform,
or in-person meetups, based on interests or locality. You agree you will not invite Program participants to
participate in events, such as a meetup, seminar, or athletic competition, or ask Program participants questions

for “market research” or any other research, without first receiving approval from the Company. You agree not
to market, promote, or sell products or services to Program participants, unless you are authorized or
requested to do so by the Company.


Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the
Company and any third-party forums operated by the Company. Any material you post on the Company’s
website or in any third-party forums operated by the Company may become public.


You are responsible for the material you post on the Company’s website or in any third-party forums operated
by the Company and for any liability that may result from any material you post. You participate, comment, and
post material at your own risk. Any communication by you on the Company’s website and any third-party
forums operated by the Company, whether by leaving a comment, participating in a chat, public or private
forum, or other interactive service, must be respectful. You may not communicate or submit any content or
material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory, or obscene or otherwise in
violation of any law or the rights of others. You agree to post comments or other material only one time.


You are strictly forbidden from the following:
• Harassing, fighting with, or being disrespectful to other participants
• Causing damage to any Company website or third-party forums operated by the Company
• Using any Company website or third-party forums operated by the Company for any unlawful, illegal,
fraudulent, or harmful purpose or activity
• Using any Company website or third-party forums operated by the Company to copy, store, host, transmit,
send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious
software
• Using any Company website or third-party forums operated by the Company to transmit, send, or deliver
unsolicited communications or for other marketing or advertising purposes
• Systematically or automatically collecting data from any Company website or third-party forums operated
by the Company
• Sharing private and proprietary information from other participants with anyone else
• Discriminatory speech, hate speech, comments, or actions against another participant based on their sex,
gender, age, ethnicity, race, socio-economic status, disability, or other labels

 

The Company does its best to create a safe and welcoming space for all participants, however, Company
cannot guarantee that all participants will follow these guidelines. Company, in its sole discretion, may remove
any participant’s comments, posts, content or materials, however, Company does not have a duty to review all
comments, posts, content and material shared within any online private forums, online courses, or groups or
on any group call. Therefore, Company shall not be held liable for any participant’s comments, actions, posts,
online courses content or materials that result in another participant’s trauma or discomfort.

Participants in the Program must actively participate in dialogue and interactions with other participants. The
Company created the Program to encourage participants to step outside of their comfort zone and to foster

connections, engage in vulnerable dialogue and meet individuals from different racial, gender, and socio-
economic backgrounds. Without participation, the principles of which the Program was founded would be

pointless. Therefore, all participants must actually participate in the Program and the Company reserves the
right to terminate your access to the Program and all Content immediately and permanently without refund if
you are merely “lurking.”


If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company
may immediately and permanently terminate your participation in the Program and your access to the Content
without refund.

 

The Company, in its sole discretion, may delete or modify, in whole or part, any post, comment or submission
to the Company’s and any third-party forums operated by the Company. The Company does not, however,
have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither
endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or

material on the Company website or any third-party forums operated by the Company. The Company shall not
be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the
Company website and any third-party forums operated by the Company.


The Company may also post separate rules regarding your behavior in any online community or forum,
whether hosted on the Company’s website or a third-party website, which may be updated from time to time.
You agree that you are bound by those rules, and they are expressly incorporated into these TOU.

16. Photography and Video

 

Client authorizes the Company to use their name, likeness, photograph, and biographical data in connection with the use and promotion of any aspect of the training and event including rebroadcast on a “virtual” basis. Client must not film or record the training at any time without permission. The Company may record coaching calls and share them in the Program, on the Company’s website, or on third-party forums operated by the Company. You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s website, or any third-party forums operated by the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your access to the Program andContent.

 

17. Warranties

(a) Company’s Warranties. Company represents, warrants, and covenants that Company has full authority to enter into this Agreement and all of the Services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.

(b) Client’s Warranties. Client represents, warrants, and covenants that Client has full authority to enter into this Agreement and has or will obtain all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Client’s obligations or duties, whether performance is due now or during the Term.

(c) Except for the express warranties provided throughout these terms, neither party makes any other warranties, express or implied.

 

18. Limitation of Liability

(a) In no event shall Company have any liability to Client for any lost profits, loss of use, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort or under any other theory of liability, whether or not either party has been advised of the possibility of such damage; and

(b) In no event shall Company’s liability to Client exceed the fees paid by Client under these terms, whether in contract, tort, or under any other theory of liability.

(c) The limitations in this Section 18 shall not apply to a breach of confidentiality by a party to this Agreement or the obligations under Sections 6 and 8.

(d) Client understands that the information presented in the Program is not legal, financial, therapeutic, mental health, or medical advice and Company is not a law firm. All of the information provided throughout the Program and Services including the resources delivered via phone/video conference, e-mail, in the online forum, live events including webinars and video/audio recordings educating about business, laws, health, and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. Client understands that Company does not and will not provide any form of diagnosis.

If a coach or individual acting on behalf of JENNIFER LEMAITRE, LLC within the Services is licensed in some professional manner (JD, MD, RN, PA, LMFT, Therapy/Mental health professionals, etc.), Client understands that these individual(s) are not acting within their capacity as a licensed professional(s).

 

19. Neutral Construction

This Agreement was prepared by Company. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because they were prepared by Company or its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both Parties.

 

20. Changed Terms

Parties may amend this Agreement by mutual Agreement and in writing, signed and agreed to by both parties.

 

21. Assignment

This Agreement shall be binding on the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any of its rights under this Agreement.

 

22. Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

JENNIFER LEMAITRE, LLC

PO BOX 42381

Atlanta, GA 30311

E-mail: [email protected]

To Client at Client’s mailing and/or e-mail address provided at the time of purchase.

Any party may change its address(es) for purposes of this Section by giving the other parties written notice of the new address.

 

23. Governing Law; Venue; Mediation

This Agreement shall be construed in accordance with, and governed by, the laws of Georgia as applied to contracts that are executed and performed entirely in the United States.  The exclusive venue for any proceeding based on or arising out of this Agreement shall be in Atlanta, USA. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, after a good faith effort to resolve such dispute amicably. Parties shall share in the costs. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

 

24. Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

 

25. Severability

Wherever possible, each provision of this contract will be interpreted so that it is valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected & will continue in full force and effect.

26. Entire Agreement; Modification

This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties.

No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.

 

Questions about these Terms and Conditions? Email us at [email protected] .

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