In the event you gain access to information or material not intended to be accessed by you, you agree that you will immediately notify us and destroy all copies of such information in your possession and not forward such information to any third parties. For this notice we may be contacted at mwick@mwicklaw.com.

Further, we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or remove any information or materials, in whole or in part, in our sole discretion. We shall not be liable to you for any loss you may incur as a result of our taking any action relating to removal, editing, or disclosure to regulatory bodies or law enforcement, nor for the actions or inactions of other users, including anything contained in your or any third party’s contributions. You agree to indemnify us for any cost, expenses, damages, or liabilities we incur due to your use of the Site or otherwise relating to any of your contributions.

Always use caution when giving out any personally identifying information about yourself or others in any Communication Service. The Company does not control or endorse the content, messages, or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

DISCLAIMER:

By using the Site, you understand that we are a Q+ entrepreneurial mindset and strategy that provides information on how to set up a business and become a successful entrepreneur.

PLEASE NOTE THE SERVICES, PRODUCTS, SITE, CONTENT DOES NOT GUARANTEE RESULTS. IT IS ALSO NOT A REPLACEMENT FOR HEALTH/MEDICAL CARE. IF YOU REQUIRE HEALTH, MEDICAL, PSYCHIATRIC, AND/OR PSYCHOLOGICAL CARE, YOU ARE ADVISED TO RETAIN THE SERVICES OF A LICENSED MEDICAL PROFESSIONAL. THE SOLE PURPOSE OF THE COMPANY AND IS TO PROVIDE EDUCATIONAL
MATERIALS, TEMPLATES, AND COACHING TO LGBTQA FOLKS BEGINNING ENTREPRENEURSHIP.

Any and all current or past client testimonials, statements or examples used by us are simply that: examples. They are not guaranteed that you will also experience or receive the same results. Each client/ and his/her circumstances are unique, and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

The Site and the materials located on or through the Site are provided by us for informational and educational purposes only, with the understanding that we are by the provision of these materials not engaged in rendering legal, financial, or other professional advice or service. We make no representation or warranty, and disclaim any and all responsibility or liability, for the suitability, timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information, materials, software, products, and services included in or available on or through the Site for any purpose.

The information and materials on this Site and any communications sent to you via this Site or otherwise from the Company (including, without limitation, newsletters, electronic mail, or communication via telephone) should not be relied upon or used as a basis for making significant decisions without consulting primary or more accurate, more complete, or more timely sources of information. ANY RELIANCE ON THE INFORMATION OR MATERIAL ON THIS SITE IS AT YOUR OWN RISK. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, PROFESSIONAL, CAREER, LEGAL, OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

YOUR RELEASE OF US:

Under no circumstances will the Company or any of its representatives be held liable for any special or consequential damages that result from the use of, the improper use of, or the inability to use the information or strategies communicated to you through the Program or Services. By using the Site, purchasing, downloading, its Courses, Services, or Products you hereby waive and release the Mel Wick Coaching, LLC to the full extent permitted by law from any and all claims relating to the use of and/or reliance on the information and content provided to you. In no event shall the Company be held liable for any injury, loss, or damage resulting from the use of, or reliance upon, the program materials. By using the Site or purchasing, downloading, or using the Courses Services, and Products, you agree to release, forgive, and forever discharge Mel Wick Coaching, LLC its employees, agents, contractors, subcontractors and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in manner.

To the maximum extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability, compatibility, or arising from course of dealing or course of performance.

You understand and agree that any material downloaded or otherwise obtained through the use of the Site is done so at your own discretion and risk and that you will be solely responsible for any claims, including, without limitation, any damages to your computer system or loss of data, that results from downloading or otherwise obtaining such material.

You also agree that we are not responsible or liable in any way for injury, loss, or damage to your computer or interception or use of credit card information, related to or resulting from use of the Site or any sites, services, or materials linked or related thereto or therefrom and also are not responsible or liable in any way for any injury, loss, claim, or damage relating to or resulting from any part of the Site operating or not operating on computers or networks used by you or communicating with such computers or networks.

INFORMATION PROVIDED TO COMPANY OR POSTED ON THE SITE

We do not claim ownership of the materials or information you provide to us (including feedback and suggestions) or post, upload, input, or submit to any Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting us, our affiliated companies and necessary sub licensees, permission to use your Submission in connection with the operation of the Site and its businesses, including, without limitation, the rights to: utilize, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission, except to the extent prohibited by law. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.

Without limitation of the foregoing, we shall be entitled to unrestricted use of the Submissions for any purpose without compensation to the provider of the Submissions. All personal information provided to this Site will be handled in accordance with the Site’s online Privacy Policy the provisions of which are incorporated into the Terms. We are under no obligation to post or use any Submission you may provide and may in our sole discretion remove any Submission at any time, for any reason, without notice to you.

By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
In the course of using the Site, you may submit your personal data and/or the personal data of others. It is your responsibility to ensure this information is accurate and up to date.

LINKS TO THIRD PARTY WEBSITES AND OFFERINGS

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under our control, and we are not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. By providing these links, we do not endorse, sponsor, or recommend such sites or the materials disseminated by or services provided by them, and we are not responsible for the materials, services, or other situations at or related to or from any other site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators. We reserve the right to disable links from any third-party sites to the Site.

Please exercise discretion while browsing the internet and using the Site. You should be aware that when you are using the Site, you could be directed to other sites that are beyond our control. There are links to other sites from the Site pages that take you outside of the Site. For example, if you “click” on a banner advertisement or a search result, the “click” may take you off the Site. This includes links from
advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control.

The Company cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party content on the Site. The Company is not involved in the actual transaction between buyers and suppliers. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. As a result, we have no control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items, or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will actually complete a transaction. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Links to Third-Party Integrations

We are not responsible for the privacy or other practices of such sites and cannot guarantee the security of any of your personal information that you provide or is collected by such sites. We encourage you to review the privacy policies and terms and conditions on those Linked Sites.

RIGHT TO REFUSE SERVICE

We may prohibit you from participating in or utilizing the Site if, in our sole and absolute discretion, you show a disregard for the Terms or act in an unacceptable manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate your access, remove or edit content, or cancel orders in our sole and absolute discretion.

ACCESS RESTRICTION

Access to parts of the Site may be restricted to authorized persons. If you believe you have been granted access to any document or file by mistake, please exit the restricted section immediately and contact us as soon as possible.

INFORMATION PROVIDED BY OTHER USERS

We do not control the information provided by other users, which is made available through the Site. You may find another user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with people acting under false pretense.

TECHNICAL INACCURACIES:

The Site may contain technical inaccuracies or typographical errors or omissions. We are not responsible for any typographical, photographic, technical, or pricing errors listed on our Site. We reserve the right to make changes, corrections, and/or improvements to the Site, and to the products and programs described in such information, at any time without notice as described above in Modification of These Terms.
Disclaimers

The Company disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material in respect of the Site or the use thereof.

To the maximum extent permitted by applicable law, all such information, materials, software, products, and services are provided “as is” and “as available” without warranty or condition of any kind.

Some states do not allow the exclusion of implied warranties, so these exclusions may not apply to you. LIMITATION OF LIABILITY

The Mel Wick Coaching, LLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from your Use, Purchase, or Download from our Site, Membership, Courses, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of that amount paid for such service or product. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company; its affiliates, licensees and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party service providers of the Site (“Indemnified Parties”) from and against any and all allegations, demands, claims, liabilities, damages, fines, losses, expenses, penalties, or costs of whatsoever nature, including reasonable attorneys’ fees and court costs, and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (“Claims”) arising or resulting in any way from any violation of these Terms or the services provided to you as part of the Site or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of the Company or any agent or employee of Indemnified Parties (except as and to the extent prohibited by applicable law) including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws. Without limiting the foregoing, if you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with the Terms, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

REFUND POLICY

Your satisfaction with your Program and the Membership and its Contents is of utmost importance to the Company. However, once the session in which you have enrolled begins, you will have fourteen (14) days from the start date of the Program in which to withdraw from the Program and request a refund. You understand and acknowledge that, because of the extensive time, effort, preparation, and care that goes into creating and/or providing our Program, we are unable to honor any requests for a refund of any portion of your payment (including Application Fees) for any part of our Program beyond that date.

If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Melissa Wick at mwick@mwicklaw.com

INTELLECTUAL PROPERTY OWNERSHIP:

The Site and its Content are intellectual property solely owned by Mel Wick Coaching, LLC. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

USE OF TEMPLATES AND FORMS

The Company may provide various templates and/or forms for download and/or sale on this Site, i.e. “Courses, Services, Program and Membership and/or Products” and “Content” both defined herein. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or/ internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner.

By ordering or downloading forms, templates, materials, you agree that the “Content” and “Courses, Services, and/or Products” which you purchase, access, download may only be used for your personal or internal business use and may not be sold or redistributed without the express written consent of the Company.

OUR LIMITED LICENSE TO YOU

If you view, access, or Purchase the Site, Courses, Services, Program, Membership and/or Products, you are considered our Limited Licensee (“Licensee’). As a licensee, you agree and understand that the Site, Courses, Services, Program, Membership and/or Products have been written, created, drafted, invented, and developed by us after significant investment of time, money, education, hard work, and brainpower.
The Site, Courses, Services, Program, Membership and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, Services, and/or Products very seriously.

You may not use the Site, Courses, Services, Program, Membership, and/or Products in any manner that is unauthorized, improper, against these Terms & Conditions and Privacy Policy, or which violate U.S. intellectual property laws unless authorized by us in writing beforehand.

PURCHASE AND ACCESS TERMS

During the course of your use, Purchase, and/or Download from the Site, Courses, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download. Any violation of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.

SHARING THE SITE AND ITS CONTENT


You must request and receive written permission by email to mwick@mwicklaw.com before sharing our Site and its Content for commercial purposes. You may share the Site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Company.

TERMINATION

We reserve the right in our sole discretion to refuse or terminate your access to our Site, Mel Wick Coaching, LLC Program trainings, Products, Services, Membership, Program and/or our program materials, website, email communications, or any other method of communications related to our program, trainings, products, or services at any time without notice.

Should you or we wish to terminate the Mel Wick Coaching, LLC trainings, Products, or Services at any time, these termination terms will apply to you as well, even after termination by either of us.

In the event of cancellation or termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the Mel Wick Coaching, LLC trainings, Products, Membership, Program, Services or our Website, email, or any or other methods of communications affected by such cancellation or termination. The restrictions imposed on you with respect to the Mel Wick Coaching, LLC

Programs, training materials, Products, or Services, including, but not limited to all of the disclaimers, limitations of liabilities, and rights set forth in these Terms & Conditions, shall survive such termination of your access and apply in full force.

PAYMENT

When you Purchase or Download one of our Courses, Services, and Products from us or the Site, you may pay by credit card. By doing so, you give Mel Wick Coaching, LLC permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records.

If you elect the installment or “pay over time” option at checkout, you agree that Mel Wick Coaching, LLC has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.

If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Courses, Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase.

We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Courses, Services, and Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.

Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.

You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.
For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.

DISPUTE RESOLUTION/ ARBITRATION

It is hoped that should you and the Company ever have any differences; we will be able to work them out amicably through a phone conversation or email correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly in the state of Ohio, in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your complaint to Mel Wick Coaching, LLC via email at mwick@mwicklaw.com. You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of any Payment(s) made by you, up to the date of the award. You agree that no award of consequential or of any other damages may be granted to you and you agree not to seek the same.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this arbitration clause. Should any arbitration hearing need to be held it shall be held within 30 miles of Columbus, Ohio.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Ohio. The only award that can be issued to you is a refund of any payment made to Mel Wick Coaching, LLC for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.

CONSENT TO GOVERNING LAW

These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of Ohio.

CONSENT TO JURISDICTION

You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the Southern District of Ohio or a state court located within the State of Ohio in connection with any matter arising out of these Terms & Conditions, Privacy Policy, Disclaimer, or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.

CONSENT TO SERVICE


You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of Ohio for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Ohio.

ENTIRE AGREEMENT


These Terms & Conditions, Privacy Policy and Disclaimer, constitute the entire agreement between you and us with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.

SEVERABILITY

The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.

YOUR PRIVACY AND SECURITY ON THE SITE
Please read our Privacy Policy for how we handle your personal information.

CONTACT
If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:

Updated on November 15, 2023