Privacy Policy
Updated as of June 05, 2023
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Please READ carefully, as this pertains to the Agreement of your registration with any of the products sold (sometimes referred to as Program or Services) by Sneakers+Kale, LLC (sometimes referred to as “Company”) DBA Sneakers+Kale.
By purchasing our products or services, you (sometimes referred to as "Client") agree to the following terms stated.
PROGRAM
Sneakers+Kale, LLC agrees to provide course content or consulting sessions to help Clients maximize their social media marketing. Client agrees to abide by all policies and procedures outlined in this Agreement as a condition of their participation in any of our programs or consulting sessions.
DISCLAIMER
The representatives of Sneakers+Kale, LLC, including Dawn Ferguson, are not attorneys or healthcare professionals. Consult an attorney for all of your legal needs. Consult a healthcare professional for all of your medical needs. The information available from Sneakers+Kale, LLC, an/or its owners or representatives, is not legal advice, or medical advice, nor is it intended to be construed as legal or medical advice. The information provided by Sneakers+Kale, LLC is designed to guide clients through the intricacies of social media marketing. The application of law varies with an individual’s specific circumstances. Please consult an attorney for confirmation that any information or interpretation of law is accurate, current, and applicable to your situation. Sneakers+Kale, LLC makes no claims, promises, or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to this website, or otherwise conveyed in connection with this website.
Client understands Dawn Ferguson and Sneakers+Kale, LLC is not an employee, agent, lawyer, doctor, manager, therapist, financial analyst, psychotherapist or accountant. Client understands their participation in this program will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
FINANCIAL OBLIGATION
Client is responsible for the completion of all payment plans associated with products they purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.
METHODS OF PAYMENT
We accept most major forms of payment through Square. 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.
REFUNDS
We DO NOT offer any refunds on our done-for-you services, private consulting, coaching and marketing services.Â
We DO offer 14-day 100% Money Back Guarantee on Social Media Success Academy. If you're not completely satisfied within the first 14 days in the program, and you have attended all sessions (or watched all video content) and done all all the coursework, submit your completed coursework to [email protected] and we’ll issue you a full refund. The reason we ask for your completed coursework is simple: if you do the work, you’ll get tremendous value.
Please note: Eligibility for a refund has a firm deadline and also applies to payment plans. If you opted for a payment plan and you do not request a refund within 14 days, you are required by law to complete the remaining payments of your payment plan. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.
CONFIDENTIALITY
Sneakers+Kale, LLC respects Clients' privacy and insists that the Client respects Yours as well. Thus, consider this a mutual non-disclosure Agreement. Any confidential information shared by Sneakers+Kale, LLC Participants or any representative of Sneakers+Kale, LLC is confidential, proprietary, and belongs solely and exclusively to the Client or representative who discloses it. Parties agree not to disclose, reveal, or make use of any confidential information or any transactions during discussions, in the forum or otherwise.
Client agrees not to use such confidential information in any manner other than in discussion with their employer, or Dawn, during the respective program. Confidential information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
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.
Client agrees not to violate the Publicity or Privacy Rights belonging to Sneakers+Kale, LLC. Furthermore, Client will NOT reveal any information to a third party obtained in connection with this Agreement or our direct or indirect dealings with Client, including but not limited to, names, email addresses, third-party company titles or positions, phone numbers, or postal addresses. Additionally, Client will not, at any time, either directly or indirectly, disclose confidential information to any third party.
By purchasing our products, you agree that if you violate or display any likelihood of violating this Agreement, Sneakers+Kale, LLC and/or the other program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
CLIENT RESPONSIBILITY
Products developed by Sneakers+Kale, LLC are for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from products developed by Sneakers+Kale, LLC. Sneakers+Kale, LLC makes no representations, warranties, or guarantees verbally or in writing. Client understands that because of the nature of products developed by Sneakers+Kale, LLC and their extent, the results experienced by each Client may significantly vary. Sneakers+Kale, LLC program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Sneakers+Kale, LLC assumes no responsibility for errors or omissions that may appear in any program materials.
MISCELLANEOUS
LIMITATION OF LIABILITY
Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) 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 my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company 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 Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
NON-DISPARAGEMENT
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client's associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.
INDEMNIFICATION
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of Client's payment for the right to participate in Sneakers+Kale, LLC Programs, the undersigned, your heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Sneakers+Kale, LLC and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.
NO TRANSFER OF INTELLECTUAL PROPERTY
Company’s 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 Company’s intellectual property for Client's business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Sneakers+Kale, LLC. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s Agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
FORCE MAJEURE
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 Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
SEVERABILITY/WAIVER
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.
ASSIGNMENT
Client may not assign this Agreement without express written consent of Company.
MODIFICATION
Company may modify terms of this Agreement at any time. All modifications shall be posted on the Program’s website and purchasers shall be notified.
TERMINATION
Company is committed to providing all Clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client's participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other Participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
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. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. 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 Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. 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. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
EQUITABLE RELIEF
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
NOTICES
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. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: Dawn[at]sneakersandkale[dot]com. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. 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. This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America.
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