“Find Your Voice” Online Course Terms & Conditions

Sole Spark Collective LLC

 

Last Updated Date: November 27, 2024

 

This Online Course Participation Agreement (the "Agreement") is entered into by and between Sole Spark Collective LLC (referred to as the "Company") and the individual participant (referred to as the "Student"). Collectively referred to as the "Parties."

 

Please carefully read and review this Agreement carefully and in their entirety before completing your purchase of any product, course, or program (referred to as “Product”) from Sole Spark Collective LLC through Solesparkcollective.com or any other site maintained by Sole Spark Collective LLC or Samantha Kehoe LLC.

 

By purchasing a Product from Company, you agree to abide by this Agreement and our Website Terms & Conditions, Privacy Policy, and Disclaimers (collectively referred to as “Terms”). If you disagree with any part of these Terms or are unwilling or unable to comply, do not complete your purchase. In the event of any conflict between these Terms and the Website Terms & Conditions, Disclaimers, or Privacy Policy, this Agreement shall control.

 

You must be at least 18 years of age or older to purchase from Company.

 

1. Covered Sites and Platforms:

This Agreement applies to Company's online course content and materials hosted on Solesparkcollective.com, Beacons.ai, Facebook, Instagram, and/or Wix, including but not limited to any and all social media platforms.

 

2. Price of the Course:

Student agrees to pay the course fee of $249 as outlined on the Company's website or other designated platforms. Alternatively, student agrees to pay the promotional price of $124.50 made available to purchasers between the dates of November 29, 2024 through December 31, 2024.

 

3. Payment Methods:

Payments for the course may be made using STRIPE, as specified on the Company's website or through the Beacons.ai store site.

 

Student agrees to pay for Product as per the payment terms outlined in this Agreement.

 

4. Access to the Course:

 

Upon successful payment, Student will receive access to the online course content through an email containing login information and instructions for creating an account. The course platform will open on January 8, 2024 and Student will continue to have access for the lifetime of Product. Company reserves the right to discontinue access to Product and terminate your access at any time for any reason. If Company decides to discontinue Product, Company will inform Student no later than thirty (30) days prior to planned discontinuation and Student will be provided with an opportunity to download or save certain resources from within Product.

 

5. Bonus Promotional Material:

Students who purchase the Find Your Voice online course during the pre-launch Black Friday promotional sale from November 29, 2024, through December 13, 2024, are entitled to one (1) 30-minute one-on-one coaching session with Samantha Kehoe. The session will be conducted via Google Meet and scheduled at a mutually convenient date and time for both Samantha Kehoe and the Student.

 

The coaching session must be used no later than February 28, 2025. Failure to schedule or attend the session by this date will result in forfeiture of the opportunity, and no refunds, financial compensation, or substitutions will be provided.

 

This promotional opportunity is available exclusively to participants who purchased the course during the specified promotional period.

 

At Sole Spark Collective, we are committed to delivering high-quality products and services that meet your needs and expectations. We understand that issues or concerns may arise, and we value the opportunity to address them. Therefore, while we strive to work collaboratively with our students to resolve any challenges, it's important to note that due to the nature of our products and services, we do not offer refunds for products purchased or services rendered. 

 

7. Community Behavior Expectations “Thrive Tribe”:

During the length of this Agreement, Student may have access to group chats, community platforms, or other social media groups. The purpose of these groups is to provide mutual support and encouragement. If Company believes that Student’s behavior is inappropriate, disrespectful, or harmful, Student will be removed from the social media channels without notice and no refunds will be provided.

 

As a participant in the Thrive Tribe community, Student is expected to maintain the confidentiality of all group interactions, discussions, and shared content. This includes refraining from reposting, sharing, or discussing any information from the Thrive Tribe on any other social media platforms, public forums, or private communications outside of the group. Dissemination of group content in any form is strictly prohibited.

 

Student understands that confidentiality cannot be guaranteed, and there is no presumption of doctor-patient, counselor-client, or other professional-client relationship confidentiality within this community. By participating, Student agrees to uphold the privacy of fellow members and to act with integrity in preserving the safety and trust of the group environment.

 

Any violation of this confidentiality policy, including the sharing or misuse of group content, will result in the immediate removal of the offending member from the community platform and a loss of access to all course materials. No refunds will be provided in such cases.

 

Student is strictly prohibited from posting questions seeking professional, therapeutic, or medical advice in the Thrive Tribe community platform. Any such posts will be promptly removed.

 

If you are experiencing a mental or physical health crisis, do not post to the forum. Instead, immediately seek help by going to the nearest emergency room, calling a crisis hotline, or dialing 911. Neither Samantha Kehoe, Samantha Kehoe LLC, nor Sole Spark Collective LLC will be liable for any failure to seek or obtain appropriate emergency care.

 

8. Community Moderation “Thrive Tribe”:

Samantha Kehoe will serve as a moderator for the Thrive Tribe community strictly in her capacity as a coach and group leader. In this role, she will not provide therapeutic or medical advice. Student is encouraged to seek appropriate professional guidance for any medical, mental health, or other professional needs.

 

Samantha Kehoe may not respond to every post, question, or comment within the community. Participation and engagement are encouraged among all members, but there is no guarantee of individual responses from the moderator.

 

Samantha Kehoe is not responsible for any content, opinions, or information posted or shared by members of Find Your Voice on the Thrive Tribe community platform. All members are responsible for their own contributions to the community and must adhere to the established Community Expectations detailed in paragraph #6.

 

9. Intellectual Property Ownership and Copyright:

Company retains all intellectual property rights and copyright ownership of Proudct, including the course content, materials, and any related resources.

 

All content, including but not limited to graphics, logos, buttons, icons, images, text, captions, audio and video clips, digital downloads, data compilations, and software (“Content”),  included or related to Product is solely owned by Company, or our licensors or licensees. The compilation of the Content is Company’s exclusive property, protected by United States and international copyright laws, treaties, and conventions.

 

You agree not to use, reproduce, distribute, or create derivative works based on our content without obtaining prior written permission from us.

 

Company grants Student a limited, revocable, and non-exclusive license to access and make personal, educational use of the Content. No other uses of the Content are authorized or permitted without the express written consent of Company. No Content or other Internet site owned, operate, licensed, or controlled by Company may be in any way copied, reproduced, republished, downloaded, uploaded, modified, posted, transmitted, distributed, sold, resold, or otherwise exploited for any commercial purpose. Student may not copy, reproduce, distribute, display, or post the course materials online without the prior written consent of the Company.

 

Upon identification of any unauthorized utilization of our intellectual property, we shall contact and notify you of the infringement in writing. We will provide you a twenty-four (24) hour grace period from the time of electronic notification to remove the infringing content from all posting locations. Failure to comply within the stipulated twenty-four (24) hour timeframe will incur a penalty of $500 for each day of non-compliance, calculated on a per calendar day basis. Failure to comply within seven (7) calendar days after the receipt of our infringement notice, will result in the pursuit of any and all legal remedies including prosecution to the maximum extent of the law. By purchasing this Product, you agree, understand, and acknowledge this provision.

 

10. Treatment of Trademarks:

Any trademarks or logos used within the course materials are the property of their respective owners and are protected by trademark laws.

 

11. Third-Party Links:

Company may provide links to third-party websites for reference or informational purposes. Company does not endorse or assume any responsibility for the content or accuracy of such third-party sites.

 

Company does not endorse, guarantee, or assume responsibility for the content, accuracy, security, or practices of these third-party websites or resources.

 

Company is not responsible for the availability of, or the content located on or through, any third-party website linked from the Website. You acknowledge that Company does not review, monitor, or evaluate the accuracy, legality, or appropriateness of any content, advertising, products, services, or other materials on or available from third-party websites.

 

Your interactions with and use of third-party websites, products, services, or materials are solely at your own risk. You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party website.

 

Company disclaims any responsibility for any harm resulting from your use of third-party websites and their content. Your use of such websites is subject to the Terms & Conditions and privacy policies of the linked sites, and you are encouraged to review those documents before interacting with them.

 

Company reserves the right to remove or replace third-party links at any time without notice. We are not responsible for any changes, updates, or discontinuation of third-party websites, and we shall not be held liable for any inconvenience or loss resulting from such changes.

 

12. Results Disclaimer:

Company's online course provides educational content and guidance, but  Company does not guarantee specific outcomes, results, or achievements as a result of participating in the course.

 

Company makes no representations regarding potential earnings, achievements, or success that may result from the course.

 

13. Assumption of Risk:

Student acknowledges and agrees that participation in the online course involves certain risks and uncertainties. Company is not responsible for any adverse outcomes or consequences that may arise from applying the course content.

 

Student acknowledges and agrees that any reliance on the information provided in Product is at their own risk. The Student is encouraged to consult with their professional advisors for advice tailored to their specific situation before making any business, legal, financial, or healthcare decisions.

 

14. Disclaimer:

All content provided in the Find Your Voice course is intended solely for training, guidance, informational and psychoeducational purposes. The materials are not designed to offer therapeutic, medical, or professional advice and should not be relied upon as such. The content of Product is not intended to be, and should not be construed as, professional, legal, financial, medical, or any other type of specialized or expert advice.

 

Although Samantha Kehoe is a licensed therapist, she is not acting in a professional or therapeutic capacity in the creation or delivery of this course. Participation in the course does not establish a client-therapist or any other professional relationship. Students are encouraged to seek appropriate professional support for any therapeutic, medical, or other specific needs. If you are in crisis, go to an emergency room, call 911, or a help hotline immediately.

 

While Sole Spark Collective endeavors to provide accurate and up-to-date information in Product, it makes no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of any information contained therein for any particular situation or circumstance. Company will not be responsible for any errors or omissions in the Product or for the applicability or suitability of the information to Student’s particular circumstances.

 

15. No Representations and Warranties:

To the fullest extent permitted by applicable law, Company disclaims any and all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement, regarding the course content, materials, and information provided.

 

Student acknowledges and agrees that Product is provided "as is" without any representations or warranties of any kind, either expressed or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement, regarding the course content, materials, and information provided.

 

Company makes no representations or warranties with respect to the functionality, completeness, suitability, or error-free nature of Product. Company does not warrant that Product will function uninterrupted or be error-free, and it expressly disclaims any responsibility to address any defects in Product. Further, Company makes no warranties or representations regarding the appropriateness or suitability of Product for any particular purpose. It is Student’s responsibility to determine the relevance and applicability of Product to your individual needs.

 

Company does not guarantee that Product, including any downloadable content, online materials, or any part thereof, will be free from viruses, malware, or other harmful components. Student is responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to Product for any reconstruction of any lost data.

 

By agreeing to this clause as part of the Agreement, Student acknowledges that they have exercised due diligence in understanding the nature and scope of Product and accept the risks associated with its use.

 

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE TO AFFILIATE OR ANYONE ELSE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, PERSONAL INJURIES, OR PROPERTY DAMAGE OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT.

 

MAXIMUM LIABILITY: NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE MAXIMUM LIABILITY, INCLUDING ATTORNEY’S FEES, OF EACH PARTY UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES OWED TO AFFILIATE UNDER THIS AGREEMENT.

 

EXCEPTIONS: THE LIMITATION OF LIABILITY SET FORTH IN THIS PROVISION SHALL NOT APPLY TO:

A. BREACH OF CONFIDENTIALITY OBLIGATIONS;

B. GROSS NEGLIGENCE OR WILLFUL MISCONDUCT;

C. ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

 

THE LIMITATIONS AND DISCLAIMERS IN THIS CLAUSE AND ELSEWHERE IN THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW. 

 

16. Confidentiality:

All information exchanged in the execution of the services provided for in this Agreement will be kept confidential to the extent permitted by law. Company will not disclose Student’s confidential and private information, unless required by law, ethics, or upon written authorization of Student. Likewise, Student will not disclose Company’s confidential and private information, unless required by law, ethics, or upon written authorization of Company.

 

As part of Product, Student may receive access to community platforms, forums, or social media channels. Student understands that a successful community environment requires mutual trust and respect. As such Student agrees to hold confidential any and all information shared by community participants during the course of the group coaching provided in this Agreement. Student will not share, publish, or otherwise disseminate any personal, private, or other information pertaining to group members outside of the community platforms and shared social media spaces.

 

Students understands that this Agreement does not afford the same protections as a patient-provider. 

 

17. Indemnification

Each Party shall indemnify, defend, and hold harmless the other Party and its officers, directors, employees, and agents from and against any and all third-party claims, liabilities, damages, costs, and expenses (including reasonable attorney's fees) arising out of or related to the indemnifying Party's breach of this Agreement or any willful misconduct or negligence.

 

Student shall use Student’s best efforts to cooperate with Company in defense of any claim. Company reserves the right to retain separate counsel at Company’s own expense and assume complete control of defense, disposition, or settlement of any claim that is subject to indemnification by Student.

 

18. Notice

All correspondence or notice required regarding this Agreement shall be made to Company at samantha@solesparkcollective.com and to Student at the email address provided during the transaction of this Agreement. A notice given under this agreement will be effective upon the other party’s receipt of it. Should an address or e-mail address change during the duration of this Agreement, notification must be provided to the other party within forty-eight (48) hours. 

 

19. Amendment

This Agreement may only be amended or modified by a writing signed by both parties.

 

20. Assignment

Neither party may assign this Agreement, or any rights or obligations under this Agreement, without the other party’s written consent. 

 

21. No Waiver

The failure or neglect by a party to enforce any of that party’s rights, granted through this Agreement, will not be deemed a waiver of that party’s rights. That party will retain the right to force or compel strict compliance with every provision of this Agreement.

 

22. Severability

If any part of this Agreement is declared unenforceable or invalid, the remaining provisions will continue to be valid and enforceable in full force and effect. The Agreement will be construed as if it had never contained any invalid or unenforceable provision. 

 

23. Dispute Resolution

Parties will make all reasonable efforts to resolve any differences through a phone conversation, via e-mail, or through in-person meetings. Any complaint or issue should be communicated with full details and description to Company by e-mailing samantha@solesparkcollective.com.

 

However, in the event of any dispute whatsoever arising out of or in connection with this Agreement, Parties agree to submit to binding arbitration with the American Arbitration Association before a jointly selected arbitrator, in accordance with the American Arbitration Association’s rules. 

 

Student understands that the only remedy that can be awarded through arbitration is a full refund of any payments that Student has made prior to the date of the dispute. No award of consequential or any other type of damages may be granted. The decision of the arbitrator shall be final and any judgment shall be entered into the state courts of New Jersey.

 

In agreeing to this Dispute Resolution clause, you affirm and understand that you are waiving your right to a jury trial in court, which might otherwise be available to you but for this Dispute Resolution clause. In the event that any arbitration must be held, it must be located within fifty (50) miles of Monmouth County, New Jersey. The prevailing party will be entitled to all reasonable attorney’s fees and costs necessary to enforce this Agreement.

 

24. Non-Disparagement:

In the event of a disagreement, each Party agrees that they shall not, either directly or indirectly, make, publish, or communicate to any third party, whether orally, in writing, or through any form of media, any disparaging or negative statements, comments, or remarks about the other Party, including but not limited to its employees, officers, products, services, or business practices.

 

Exception: Nothing in this Clause shall prohibit either Party from providing truthful statements, opinions, or feedback to appropriate authorities or regulatory bodies, as required by law or governmental regulations.

 

25. Force Majeure

In the event either Party is unable to perform its obligations under the terms of this Agreement because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably its control, such Party will not be liable for damages to the other Party for any damages resulting from such failure to perform or otherwise from such causes.

 

26. Governing Law

This Agreement is governed by, construed, and enforced in accordance with the laws of the State of New Jersey without regard to its conflict of laws rules. The courts of Monmouth County, New Jersey shall be the sole forum for resolving disputes hereunder. 

 

27. Entire Agreement

This Agreement represents the entire understanding between the parties with respect to its subject matter and supersedes any previous communication or agreements that may exist. 

 

28. Contact

If you have any questions about this Agreement, please contact us at samantha@solesparkcollective.

 

By purchasing and participating in the Company's online course, Student acknowledges that they have read, understood, and agreed to the terms and conditions outlined in this Online Course Participation Agreement.