Terms and Conditions
BY VISITING BACKTOSCHOOLSUMMIT.COM OR ANY OF THE ASSOCIATED PRODUCT WEBSITES (THEEXPERIENCEDGRADUATE.COM), COLLECTIVELY "SITES", YOU ARE CONSENTING TO THE FOLLOWING TERMS AND CONDITIONS.
The terms “user,” “you,” and “your” refer to Site visitors, customers, and any other users of the Sites. The term "Services" refers to products and services offered by Rachael G, including but not limited to, a blog, email series, books, ebooks, coaching packages, programs and online courses hosted on any of Rachael G's Sites.
Use of any of Rachael G's Sites, including all materials presented herein and all online Services provided by Rachael G, is subject to the following Terms and Conditions. These Terms and Conditions apply to all Site visitors, customers, and all other users of the Sites. By using the Sites or Services, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of the Sites and Services
To access or use the Sites, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Sites. Information provided on the Sites and in the Services related to academics and other information are subject to change. Rachael G makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Rachael G disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Sites and Services, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Rachael G will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction.
You may use the Sites and Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Sites. You agree to use the Sites and to purchase services or products through the Sites for legitimate, non-commercial purposes only. You shall not post or transmit through the Sites any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Refusal of Service
The Services are offered subject to Rachael G's acceptance of your order or requests. Rachael G reserves the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by Rachael G until payment has been processed. Rachael G may at any time change or discontinue any aspect or feature of the Sites or Services, subject to Rachael G fulfilling previous responsibilities to you based on acceptance of your payment.
Rachael G will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform Rachael G as soon as possible.
Cancellations, Refunds & Returns
Refunds for purchases of the Back to School Summit All-Access Pass hosted at BacktoSchoolSummit.com are not issued.
For all online courses, Site visitors who request and are granted a refund will immediately have their access to all program materials revoked. "Program materials" may include, but are not limited to, members' areas, bonuses, communities and coaching services.
Rachael G endeavors to describe and display the Sites and Services as accurately as possible. While Rachael G tries to be as clear as possible in explaining the Sites and Services, please do not accept that the Sites' and Services' descriptions are entirely accurate, current, or error-free. From time to time Rachael G may correct errors in pricing and descriptions. Rachael G reserves the right to refuse or cancel any order with an incorrect price listing.
Material You Submit to the Sites
You shall not upload, post or otherwise make available on the Sites any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Sites, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
Intellectual Property Rights to Your Materials
Rachael G claims no intellectual property rights over the material you supply to Rachael G. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Sites or Services. Content you submit to Rachael G remains yours to the extent that you have any legal claims therein. You agree to hold Rachael G harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Sites, you grant Rachael G a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
Rachael G's Intellectual Property
The Sites and Services contain intellectual property owned by Rachael G, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Sites' or Services' Content or intellectual property, in whole or in part, without Rachael G's prior written consent. Rachael G reserves the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
Amazon, Amazon.com, Amazon Prime, Amazon Standard Identification Number (ASIN), Kindle, and Goodreads are trademarks of Amazon.com, Inc.
Barnes & Noble, Barnes & Noble Booksellers, and Nook are trademarks of Barnes & Noble, Inc.
Facebook is a trademark of Facebook, Inc.
Android, Google Play, Google, Gmail, the Google Logo, Google Chrome, Google Maps, Google Talk, YouTube and other marks are trademarks of Google, Inc.
iBooks and iBookstore are trademarks of Apple, Inc.
iTunes is a trademark of Apple, Inc.
Instagram is a trademark of Instagram, Inc.
Kobo is a trademark of Rakuten Kobo, Inc.
LinkedIn is a trademark of LinkedIn Corporation.
Smashwords is a trademark of Smashwords, Inc.
Twitter is a trademark of Twitter, Inc.
All other trademarks displayed on the Sites are the intellectual property of their respective owners.
Rachael G may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by Rachael G posting the new Terms and Conditions on this Site. Any use of the Sites or Services by you after being notified means you accept these amendments. Rachael G reserves the right to update any portion of the Sites and Services, including these Terms and Conditions, at any time. Rachael G will post the most recent versions to this Site and list the effective dates below the Terms and Conditions section.
Limitation of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL RACHAEL G BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITES OR SERVICES. ADDITIONALLY, RACHAEL G IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF RACHAEL G HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL RACHAEL G'S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE PRODUCT OR SERVICE YOU HAVE PURCHASED FROM RACHAEL G, AND IF NO PURCHASE HAS BEEN MADE BY YOU RACHAEL G’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
Third Party Resources
The Sites and the Services contain links to third party websites and resources. You acknowledge and agree that Rachael G is not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Rachael G. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold Rachael G harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Sites or Services. You shall provide Rachael G with such assistance, without charge, as Rachael G may request in connection with any such defense, including, without limitation, providing Rachael G with such information, documents, records, and reasonable access to you, as Rachael G deems necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and Rachael G pertaining to the Sites and Services and supersedes all prior and contemporaneous agreements, representations, and understandings between you and Rachael G. No waiver of any of the provisions of this Agreement by Rachael G shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Rachael G.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed via email to Rachael G at firstname.lastname@example.org.
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of South Carolina as applied to contracts that are executed and performed entirely in South Carolina. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Dorchester County, South Carolina. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Last Updated: August 1, 2018