TERMS AND CONDITIONS
Please READ Carefully by purchasing this product you (herein referred to as "Client") agrees to the follow terms stated herein.
PLEASE READ THESE TERMS AND CONDITIONS (THE “TERMS”) CAREFULLY BEFORE USING OUR ASK COLEEN FACEBOOK GROUP AND PURCHASING ANY OF OUR PRODUCTS AND SERVICES.
By purchasing this product you (herein referred to as the "Client" or “You”) agree to these Terms. You may not access or use any of our services unless you agree to abide by these Terms.
Upon successful payment, Ask Coleen, LLC. (herein referred to as "Company") agrees to provide you access to the following online programs: "Tips for starting a trucking company" (herein referred to as the "Programs”, “Services”) identified in our online shopping cart as may apply.
The Program is for anyone who would like to learn how to build a highly successful trucking company. The Program includes Facebook group access, templates, and recommendations so you can implement, in your own terms, certain strategies and ideas to growing your business.
The Programs are delivered to you for educational and informational purposes only. Should you decide to continue with the Program, then You agree to abide by all policies and procedures as outlined in these Terms as a condition to participate and enjoy our Service.
You understand that you’re entering a non-exclusive relationship with Ask Coleen, LLC. Client understands that the Company has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for the Client; (2) Perform any business management functions including but not limited to, accounting, tax consulting, or advice with regard thereto; (3) introduce Client to the Company’s full network of contacts or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this Program, and its related additional services, if any.
The fees for the Program and any Additional Services, are those amounts informed in our Ask Coleen Facebook group, which you can find in our shopping cart. Should you decide to pay in one single amount and take advantage of the full payment discount, you authorize the Company to charge your payment method for that full payment.
FEES AND PAYMENT
As consideration for any purchase, you make on the Ask Coleen Website, you shall pay Ask Coleen, LLC all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Ask Coleen, LLC to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
INTELLECTUAL PROPERTY AND NO UNLAWFUL OR PROHIBITED USE
The Ask Coleen Facebook group may contain material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Coleen Simmons (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
Registered Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Ask Coleen Facebook group ), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Coleen Simmons. We retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, modify, publish, reverse engineer, or transfer the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Ask Coleen Facebook group, social media page, or in a networked computer environment for any purpose is expressly prohibited.
USE OF COMMUNICATION SERVICES
The Ask Coleen Facebook group may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves 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 to remove any information or materials, in whole or in part, in the Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself 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 the 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 upload the materials.
EMAIL AND OTHER ELECTRONIC COMMUNICATIONS
Visiting the Ask Coleen Facebook group or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Ask Coleen Facebook group, satisfy any legal requirement that such communications be in writing.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
As set forth more fully in the Disclaimer, the information contained on this Ask Coleen Facebook group and the resources available for download through this Ask Coleen Facebook group are for educational and informational purposes only.
ACCURACY AND PERSONAL RESPONSIBILITY
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Ask Coleen Facebook group and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Ask Coleen Facebook group or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using this Ask Coleen Facebook group, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer because of the use, or non-use, of the information available on this Ask Coleen Facebook group or the resources available for download from this Ask Coleen Facebook group. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Ask Coleen Facebook group.
NO GUARANTEES AS TO RESULTS
As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Ask Coleen, LLC or not. The Company provides educational and informational resources that are intended to help users succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Ask Coleen, LLC are no guarantee that you or any other person or entity will be able to obtain similar results.
USE OF TEMPLATES AND FORMS
The Company provides various templates and/or forms for download via email. 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, except for modifications in filling out the templates and/or forms for your authorized use.
By accessing the Program and its downloadable Forms, you agree that the Forms you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
USE OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIAL
The Company from time-to-time provides various courses, programs, and associated material for sale on its Ask Coleen Website. Should you decide to purchase other paid courses, the Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) 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 Courses in any manner.
By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.
GUESTS INTERVIEWS, AND TESTIMONIALS
The Company may, from time to time, provide information from a third party in the form of a podcast, testimonial, guest interview, interview on other platforms, guest blog post, or other media. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided and cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to appear as guests on any video testimonial, written testimonial, interview, or other medium offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.
Because this is a digital program, this purchase is NON-REFUNDABLE. Refunds will not be granted under any circumstances.
The Company's social communities, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Ask Coleen Facebook group, you agree to comply with these community guidelines (the “Community Guidelines”) and that:
(a) You will comply with all applicable laws in your use of the Ask Coleen Facebook group s and will not use the Ask Coleen Facebook group for any unlawful purpose;
(b) You will not upload, post, email, transmit, or otherwise make available any content that: infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
(c) You will not “stalk,” threaten, or otherwise harass another person;
(d) You will not spam or use the Ask Coleen Facebook group to engage in any commercial activities, and If you post any Registered User Content, you will stay on topic;
(e) You will not access or use the Ask Coleen Facebook group to collect any market research for a competing business;
(f) You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(g) You will not interfere with or attempt to interrupt the proper operation of the Ask Coleen Facebook group through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Ask Coleen Facebook group through hacking, password or data mining, or any other means;
(h) You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Ask Coleen Facebook group;
(i) You will not use any robot, spider, scraper, or other automated means to access the Ask Coleen Facebook group for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Ask Coleen Facebook group for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
(j) You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
(k) You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Program, the Ask Coleen Facebook group, or any portion of the Ask Coleen Facebook group, without notice, and to remove any content that does not adhere to these Community Guidelines.
The Program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals because of participation in the Program. 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. The Company assumes no responsibility for errors or omissions that may appear in any program materials.
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 (hereinafter "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.
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL THE COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, OUR ASK COLEEN FACEBOOK GROUP , THE PROGRAM OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF OUR ASK COLEEN FACEBOOK GROUP OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT, SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN THE PROGRAM OR ONE HUNDRED DOLLARS (USD $100). Company assumes no responsibility for errors or omissions that may appear in any of the Program’s materials.
THIRD PARTY ASK COLEEN FACEBOOK GROUP
The Program may provide, or third parties may provide, links or other access to other sites and resources on the Internet. The Company has no control over such sites and resources and Ask Coleen, LLC is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Program are between you and the third party, and you agree that the Company is not liable for any loss or claim that you may have against any such third party.
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.
The Client may not assign this Agreement without express written consent of the Company.
The Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this Service, Client agrees that the Company may, at its sole discretion, terminate such purchase 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, other Program’s 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. If that’s the case, the Client will still be liable to pay the total contract amount.
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 my payment for the right to participate in Ask Coleen, LLC Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Ask Coleen , 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 (hereinafter "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.
RESOLUTION OF DISPUTES
You agree that you are solely responsible for your interactions with any other user in connection with the Program, and the Company will have no liability or responsibility with respect thereto. The Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Program.
You agree and accept that the only venue for resolving a dispute with the Company shall be in the venue set forth herein in these Terms. If you have any dispute with the Company, you agree that before taking any formal action, you will contact us at Ask Coleen, LLC, P. O Box 1323 Smyrna,, GA 30081 and firstname.lastname@example.org, and provide a brief, written description of the dispute and your contact information (including your full name, email and telephone number). If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to these Terms will be resolved through arbitration according to the rules and procedures of the American Arbitration Association. The arbitration will be confidential and binding. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. 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 costs and reasonable attorney fees.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms. You and the Company, agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Notwithstanding the parties' decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction to the extent such claims do not seek equitable relief.
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND CULTURE ADD LABS REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT IN OUR PROGRAMS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
CHANGES TO THESE TERMS
The Company may modify terms of this agreement at any time, and at the Company’s sole discretion. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Program's user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except those changes addressing new functions of the Program or changes made for legal reasons will be effective immediately. Your continued use of the Program and our Ask Coleen Facebook group after the date any such changes become effective constitutes your acceptance of the new Terms. In addition, when using certain Company’s services, you will be subject to any additional terms applicable to such services that may be posted on these Terms from time to time. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
If you require further clarification about these Terms, please contact email@example.com
Last Revision: January 19, 2022