Terms of Service
Thank you for choosing Public Persona (as defined below) to provide you with The Face (the “Workshop”).
This letter agreement sets for the general terms of the Services Agreement between you, the Client, and Public Persona, LLC, pursuant to which you hereby engage Public Persona to perform the specific services outlined in the Workshop Proposal. For good and valuable consideration, the receipt of which of which is hereby acknowledged, you and Public Persona Agree as follows:
The Workshop will include a three (4) hour group session and a (1) hour Q&A session with Sarah Ancalmo. Members will be invited to call-in, listen and participate in these group session. Depending on how many Members call in, space to be a live participant in the group session may be limited, however. Shortly after each group session is completed, Members will be provided a link so that they can listen to or download a recording of the group session.
Session times and dates are subject to change. If a session time or date is changed, you will receive an email in advance.
Members may also include access to a private Public Persona The Face Facebook group.
Membership in the Program does not guarantee any direct consultations with Sarah Ancalmo during the sessions or through the private Facebook group.
You agree that your participation in the Workshop confers upon you no rights to use, ownership or copyright. You release Public Persona, LLC and Sarah Ancalmo, and their employees, agents, and assigns from all liability which may arise from any and/or all claims by you or any third party in connection with your participation in the Workshop. You understand that Public Persona, LLC and Sarah Ancalmo have the unlimited rights to edit, use, broadcast or sell the materials produced through the Workshop, including Member-contributed content.
We request information from the user on our order form when enrolling in the Workshop. A member must provide: 1) their contact information, such as name and address, and 2) financial information, such as credit card number and expiration date. This information is used for billing purposes. If we have difficulty processing an order, this contact information is used to communicate with you. If you elect to enroll via one of the payment plan options, your credit card will be automatically charged when each payment is due. If for some reason one of your payments cannot be processed successfully, your membership shall be suspended until the payment is received.
If your personally identifiable information changes (such as your zip code, phone, e-mail or postal address), or if you no longer wish to be a member of the Workshop, please contact Public Persona, LLC at firstname.lastname@example.org.
The Workshop fees are nonrefundable.
Public Persona, LLC may, in its sole discretion, terminate a member’s membership if that member displays any conduct which is disruptive, abusive, threatening or otherwise offensive to other members, or any employee, contractor or discussion moderator of Public Persona, LLC whether that conduct occurs on a phone call, email, or in the private Facebook group, etc. No refund shall be issued to a member whose membership is terminated under this provision. If a member’s membership is terminated, that member shall not be permitted to re-enroll in the Workshop at a future date.
Any all the materials available through the Workshop (the “Materials”) are the property of Public Persona, LLC. and are protected by copyright, trademark, and other intellectual property laws. The Materials are provided solely for your personal noncommercial use. You may not use Materials in a manner that constitutes an infringement of Public Persona, LLC’s rights or that has not been authorized by the company. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any of the Materials. You may, however, from time to time, download and/or print one copy of individual pages of the Materials for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
When addressing financial matters in the Workshop we’ve taken every effort to ensure we accurately represent the Workshop and its ability to grow your business and improve your life. However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations. Nothing in the Workshop is a promise or guarantee of earnings. Any forward-looking statements outlined in the Workshop are simply our opinion and thus are not guarantees or promises for actual performance. You specifically acknowledge and agree that no representation has been made by the Company and relied upon as to the future income, expenses, sales volume, potential profitability of future success of the user that may be derived from the participation in the Workshop.
Client agrees and acknowledges that Public Persona is not a business coach or health coach and the Services are not intended to be a substitute for any professional advice, whether financial, legal, health related, or otherwise. Please consult a licensed professional should you need advice relating to your business or your personal health. Public Persona does not guarantee the quality, accuracy, completeness or timelines of the information provided to Client in connection with the Services. All information provided to Client is only an estimate and may contain errors. By using the Services you agree that Public Persona shall not be responsible for any direct, indirect, special, incidental or consequential damages or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of Services or in reliance on the information made available to the Client in connection with the Services, including the loss of use, lost data, lost business profits, business interruption, personal injury, or any other personal or pecuniary loss, whether the action is in contract, tort (including negligence) or other tortious action.
Disclaimer of Warranties
SERVICE PROVIDER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Limitation of Liability
(a) IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT SHALL SERVICE PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO SERVICE PROVIDER PURSUANT TO THIS AGREEMENT.
SERVICE PROVIDER SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, THIRD PARRTY VENDORS OR SUB-CONTRACTORS, USED IN CONNECTION WITH THE SERVICES OR THE PROJECT.
No waiver by Public Persona of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Public Persona. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
The Public Persona shall not be liable or responsible to Client, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Public Persona including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Relationship of the Parties
The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Maryland.
All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing (via email acceptable) and addressed to the parties at the addresses set forth in the Project Proposal or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement including, but not limited to, the Confidentiality provision.
Amendment and Modification
This Agreement may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative of each party.
Acceptance of Terms
The action of sending and receipt of this agreement via electronic method will hold both parties in acceptance of these terms. Public Persona, LLC as sender and the Client as recipient will acknowledge the acceptance of these terms either through an email noting acceptance or acceptance is acknowledged at the beginning of any work on said Project. Electronic signatures shall be considered legal and binding.