TERMS AND CONDITIONS
Please read carefully, as this pertains to the Agreement of your registration with any of the products sold (sometimes referred to as Program) by Andrey Denisenko (sometimes referred to as “me”). By purchasing my products, you (sometimes referred to as "Client") agree to the following terms stated.
Andrey Denisenko agrees to provide course content, as well as coaching through the video calls, to help Clients change their speaking patterns, gain confidence and generally enjoy the speaking interaction.
The goal of the program is through learning new skills and creating new experiences build the training speech, strengthen the inner structure of Client’s speaking and establish a new active and positive emotional attitude associated with speaking interaction.
Client understands that Andrey Denisenko is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant.
Client understands that Andrey Denisenko is not providing any medical help or support.
Client understands that getting free from stuttering is a personal development effort depending on both sides, especially on Client’s level of engagement in the program.
Client understands that Andrey Denisenko cannot guarantee and is not obliged to guarantee any kind of success or outcome as a result of participating in the program.
Client is responsible for the completion of all payment plans associated with products they purchase.
METHODS OF PAYMENT
I accept Visa and Mastercard as a form of payment. If Client chooses to pay by monthly installments, he/she authorizes the monthly charge for the product on the Client’s credit card or debit card.
As a general rule, I do not offer refunds on the Program. But there are exceptions according to these principles:
If it becomes impossible for the Client to participate in the program the Parties will reasonably discuss possibilities for the Client to catch up or participate in the next Program or decide about the refund based on the principles stated above.
The parties respect each other privacy. The coaching video calls are usually recorded so both parties agree that they won’t disclosure those interactions and information learned therein and will keep that information confidential unless otherwise is expressly agreed by the other party. Both parties consider this a mutual non-disclosure agreement.
The parties can share the public links to the live streams where they open up and go live on various social media platforms.
Both parties will keep private information in strictest confidence and shall use their best efforts to safeguard the confidential information and to protect it against disclosure, misuse, espionage, loss, and theft.
LIMITATION OF LIABILITY
Client agrees they used my services at their own risk and that Program is only an educational service being provided. It’s a personal development platform. Client releases me (sometimes referred to as “Releasee”) from any and all damages that may result from any claims arising from any Agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that I will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of my services or enrollment in the Program.
NO TRANSFER OF INTELLECTUAL PROPERTY
My Programs are copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of my intellectual property for Client’s business purposes. All intellectual property, including the Program and course materials, shall remain my sole property.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either party to perform obligations under this Agreement, the performance of a respective party shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
Client may not assign this Agreement without my express written consent.
RESOLUTION OF DISPUTES
If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The Parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate.
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: [email protected] Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire Agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, Agreements and understandings between them relating to such subject matter.
Effective as of March 3, 2019