Freelance Grant Writer Academy Legal Agreement + TermsGrant Writing & Funding, LLC and WEGO ConsultingFreelance Grant Writer AcademyTERMS AND CONDITIONS OF USEPlease read these Terms and Conditions of Use (TOU) carefully. You must agree to these Terms and Conditions of Use before you are permitted to use any Grant Writing & Funding, LLC digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, training, or challenges, enter any online private forums, including Slack groups, operated by Grant Writing & Funding LLC (for any purpose).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) Grant Writing & Funding LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, partners, past and present employees, contractors, agents, coaches, representatives, successors, and assigns (collectively “the Company”); (ii) any Company volunteers; and (iii) Holly Rustick.The Program You will receive as part of the Program:Access to all Program materials, including videos, audio, worksheets, and live call replays for twelve (12) months;Weekly coaching calls, subject to the Company’s schedule and availability for the duration of the Program; andProgram support for the duration of the Program via Slack or during live calls, as provided and subject to the Company’s schedule and availability.If you wish to participate in another session of the Program in the future or purchase any other products, programs or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.This Program is intended and only suitable for individuals aged eighteen (18) and above.The Company reserves the right to offer additional Program elements, from time to time, for any subgroup of participants. These additional Program elements are a bonus, not a part of the services included in the base version of the Program. The selection of the participants who may participate in any additional Program elements is at the sole discretion of the Company.Payment You agree to the following fees and payment schedule you selected at checkout for the Program:A one-time payment of Two Thousand Five Hundred Dollars (USD $2,500.00), orEight (8) monthly installment payments of Three Hundred Fifty Dollars (USD $350.00).If you selected the second installment payment option at checkout, you agree that recurring monthly payments of Three Hundred Fifty Dollars (USD $350.00) will be automatically charged to your card on the same calendar day each month, totaling Two Thousand Eight Hundred Dollars (USD $2,800.00). If for example, you join on June 18th, your card will be charged again on July 18th, August 18th, and so on until the full 8 months is reached. (This payment plan has a 12% added because of the longevity payment transaction fees and additional customer service processing).If paying by debit card or credit card, you give us 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 when due, 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 installment 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.RefundsYour satisfaction with the Program is important to the Company. However, because of the extensive time, effort, preparation, and care that goes into creating and providing the Program the Company has a no refund policy. Unless otherwise provided by law, you acknowledge that the Company does not offer refunds for any portion of your payment for any of our Program and no refunds will be provided to you at any time.By using and/or purchasing the Program, you understand and agree that all sales are final, and no refunds will be provided.The Company reserves the right, in its sole discretion, to determine how to discipline a participant who violates these TOU. Therefore, if a participant disagrees with how the Company disciplines another participant and requests a refund, the Company will deny such request.Furthermore, if a participant violates these TOU, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these TOU. If a participant disagrees with the Company offering another participant a second opportunity to follow these TOU, no grounds for a participant to receive a refund would be created, and any request for a refund on this basis shall be denied.If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these TOU, the Company may terminate your access and participation in the Program without notice and without refund.As mentioned above, the Company may offer additional Program elements for a subgroup of participants. The Company reserves the right, in its sole discretion, to offer participation in these additional Program elements to specific participants. If a participant is denied participation in or removed from these additional Program elements, no grounds for a participant to receive a refund would be created and any request for a refund on this basis will be denied.Since we have a clear and explicit refund policy in these TOU that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.Intellectual Property RightsOwnership of the ContentThe words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.The Company’s Limited License to YouIf you view, purchase, or access any Program or any of the Content, you will be considered our Licensee. For the avoidance of 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 within 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 reproduction or unauthorized use of any materials found in the Program or Content shall constitute infringement.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.There are plug-n-play templates that are explicitly designed so you can add your logo to them to secure nonprofit clients. These will be the exception with clear instructions. However, you are not able to utilize these products or resources to duplicate our business model and sell these as templates. This is unallowable.All rights not expressly granted in these terms or any express written license, are reserved by the Company.Unauthorized UseYour use of any materials found in the Program or Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.Your License to the Company – Use in Testimonials and MarketingBy posting or submitting any material during the Program or as part of the Company’s podcast such as comments, posts, photos, designs, graphics, 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 are also granting the Company, and anyone authorized by 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 perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting the Company the right to make it part of the Company’s current or future Program and Content. This right includes granting the Company proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by the Company to you.You also 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 or as part of the Company’s podcast that may contain you, your voice and/or your likeness. In the Company’s sole discretion, the Company reserves the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program or as part of your participation in the Company’s podcast, without compensation to you at any time, now or at any time in the future.You also grant the Company, and anyone authorized by the Company, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos, or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.This means you give the Company permission to use anything you submit or post in the Program or any third-party forum or website operated by the Company, or anything captured by the Company during your participation in the Program or podcast, including images in which your face is visible and recognizable. Request for Permission to Use the ContentIf 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 team@grantwritingandfunding.com.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.Guest Coaches and Coach Substitutes The Company may have guest or substitute coaches participate and coach in the Program from time to time. The Company, in its sole right and discretion, reserves the right to assign any and all duties, responsibilities, and obligations under the terms of these TOU, at any time, to any qualified third party of its choosing to be a guest or substitute Program coach, without providing advanced notice or needing advanced consent from you.If you disagree with or fail to consider Company’s guest coach or coach substitute as qualified, no grounds to receive a refund will be created and any request for a refund on this basis shall be denied.Coach-Client Relationship The coaching relationship is co-creative, meaning that the coaches and you are equal partners in the coaching process.Your Coaches’ ResponsibilitiesYour 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 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, Slack, or live group coaching call.Your ResponsibilitiesYou agree to complete all tasks assigned during the Program, including but not limited to watching or listening to videos, completing worksheets and assignments, and attending coaching sessions. You must implement the tools and strategies learned throughout the Program and are responsible for making considerable efforts towards your own development during the Program.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.You are responsible for requesting support from the Company when needed.-  Direct Message Policy In SlackIn the Academy, we do have a Do Not DM or personally email any of the coaches (this includes on Slack). They may not see, or be able to respond, to getting personal contact. Additionally, this is a group coaching program and not a 1:1 program where your questions are valuable for all students to see. If you have a specific billing question or tech questions, you can reach out to the team email team@grantwritingandfunding.com If you have a specific curriculum question, please post in the Slack channel or attend the Live calls. We want to ensure that any question, no matter how vulnerable it may feel, can be shared with the community as it is sure to resonate with other folks.If you do DM a Coach in Slack, you will be removed from Slack. Your ConductThe Program is a “pitch free zone”; however, pitching is permitted upon approval from the Company within the Company’s “Shameless Plugs” Slack channel only. You agree you will not pitch, promote, market, or sell any other products, services, 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 unless you have first obtained the Company’s written permission. 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 without getting permission first. You agree you will not invite Program participants to participate in events, such as a meetup or seminar, 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 your material 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 participantsCausing damage to any Company website or third-party forums operated by the CompanyUsing any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent, or harmful purpose or activityUsing 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 softwareUsing any Company website or third-party forums operated by the Company to transmit, send, or deliver unsolicited communications or for other marketing or advertising purposesSystematically or automatically collecting data from any Company website or third-party forums operated by the CompanySharing private and proprietary information from other participants with anyone elseUsing discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labelsThe 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 or groups or on any group call. Therefore, Company shall not be held liable for any participant’s comments, actions, posts, content, or materials that result in another participant’s trauma or discomfort.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.ConfidentialityThe Company is not legally bound to keep your information confidential. You acknowledge that your communications with your coach are not covered by any privilege.You may use a screen name or pseudonym instead of your actual name for your participation in group 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.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 and Content.Username and PasswordTo access certain features of the Program, including any private membership areas, you may need a username and password. It is your responsibility to inform the Company before the Program start date if you do not receive an email containing your password to access the Program. You agree to keep your username and password confidential. You agree to provide true, accurate, current, and complete information about yourself during the registration process. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s Private Policy.Termination or CancellationThe Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, at any time without notice. The Company may terminate your participation in the Program at any time, without refund, if you breach any part of these TOU.In the event of cancellation or termination, you are no longer authorized to access the part of the Program or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Program and its Content will still apply now and in the future, even after termination by you or the Company.If you would like to cancel, you must provide the Company with written notice (including e-mail). Your access to the materials and Content of the Program will be immediately terminated upon your notice of cancellation.In the event you decide to cancel, any remaining installment, default, or late payments will be due immediately. You will not be issued a refund for any remaining days or months of the Program after your cancellation.Personal Responsibility, Assumption of Risk, Release, DisclaimersYou are voluntarily participating in the Program and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.The Program and Content provide information and education only, and do not provide any financial or legal services or advice. The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or other professional. You are responsible for your own financial and legal decisions, choices, actions, and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.You acknowledge that, by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.Earnings and Results Disclaimer: You agree that Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results and earnings differ for each individual.Any views and/or opinions expressed, shared, or otherwise distributed by guests, including guest coaches and/or speakers, and/or participants in the Program are solely the views of those individuals and they do not reflect the views and opinions of the Company.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.The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS CONTENT, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.Security You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Company are done at your own risk.Legal DisputesThese TOU shall be governed by and construed in accordance with the laws of the U.S. territory of Guam without giving effect to its conflict of laws principles. The territory and federal court nearest to Hagatna, Guam 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 these TOU. By using the Program or Content, 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 these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.Users Outside United StatesThe Company controls and operates the Program from offices in the United States and the territories of the United States. The Company does not represent that the Program or its Content are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.IndemnificationYou agree to defend, indemnify, release, and hold harmless the Releasees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Program or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.Force MajeureThe Company shall not be deemed in breach of this TOU if the Company is unable to complete all of the Program or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give you notice of its inability to perform or of delay in completing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations or may terminate this TOU.General Provisions.The Company may modify the terms of this TOU at any time. All participants will be notified of changes to these TOU via email. If any provision of this TOU is held invalid or unenforceable, the remainder of this TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This TOU supersedes all prior written and oral representations.