Brilliant Speakers Academy® Terms of Use
BRILLIANT SPEAKERS ACADEMY® DIGITAL COURSE TERMS OF USE
By clicking “Enroll Now”, “Apply Now”, “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by Victoria Lioznyansky (“Coach”), acting on behalf of Brilliant Speakers Academy (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
- Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the BRILLIANT SPEAKERS ACADEMY® DIGITAL COURSE (“Program”).
- The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on Coach’s Website www.ByVictoriaL.com as part of the Program.
- Coach reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
- Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own success and implementation of objectives met.
- As part of the Program, the Company shall provide the following to Client:
- A Password Protected Program Area: The Company shall maintain a Program Area that might include video, audio and written lessons, worksheets, and other training and support information. Client shall have access to this Program Area for as long as the Program Area exists. In the event that Company intends to close the Program Area, it shall provide clients with a 30-day notice and the ability to download the resources contained in the Program Area, which is what is referred to as “Lifetime Access” in Coach’s marketing materials.
- Bonuses offered at various times of enrollment and available only to those students who qualified for them through the enrollment. Bonuses are not guaranteed to be available for the entire span of the Program.
METHODOLOGY.
Client agrees to be open minded to Coach’s methods and partake in services as proposed. Client understands that Coach has made no guarantees as to the outcome of the coaching sessions or Program. Coach may revise methods or parts of the Program based on the needs of the Client.
By participating in the Program, Client acknowledges that the Coach is not a medical doctor, psychologist, therapist, attorney, or financial advisor, and her services do not replace the care of other professionals. The information in this Program is in no way to be construed or substituted as psychological counseling or any other type of therapy or professional advice.
The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or coaching provided.
The Coach may provide Client with third-party recommendations for such services as marketing, photography, business, health, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
Any testimonials, earnings, or examples shown through Coach’s website are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s programs, Programs, and/or services. Client acknowledges that Coach has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of Coach’s website, programs, products or services.
PAYMENT POLICY.
- Upon execution of this Agreement, Client agrees to pay to the Coach the full purchase amount.
- If Client selects a payment plan option, Client agrees to pay fees to the Coach according to the payment schedule set forth on Coach's website, or otherwise provided to Client, and the payment plan selected by Client.
- Credit Card Authorization (if applicable for payment plan). Each Party hereto acknowledges that Coach will charge the credit card chosen by the Client.
- In the event Client fails to make any of the payments within a payment plan during the time prescribed, Coach has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, materials, and coaching calls.
REFUND POLICY.
We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the Program. The Company provides a 30-day money-back guarantee for the Program. That money-back guarantee is governed by the following terms.
In order to qualify for a refund you must submit proof that you put time and energy in implementing the Program and it did not work for you. The requirements below must be met and submitted by the end of the Refund Period (30 days from the Program Purchase Date). If you request a refund and do not meet ALL of the requirements below by the end of the Refund Period, you will not be granted a refund.
Requirement 1: Watch all LESSONS, LIVE TRAINING, and BONUS COACHING for Modules 1, 2, 3, and 4.
Requirement 2: Complete and attach Brilliant Speakers Implementation Journals for Modules 1, 2, 3, and 4.
Requirement 3: Attend OR pre-submit questions to the first Q&A with the Coach (ONLY if Q&A is offered as a bonus).
Requirement 4: Tell us why this Program was not a good fit for you and your career needs. What did you expect that you did not get once inside the program?
We will NOT provide refunds for any request that comes more than 30 days after the Purchase Date. After the Refund Period, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless of whether you complete the program.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
INTELLECTUAL PROPERTY RIGHTS.
In respect of the documents specifically created for the Client as part of this Program, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Client receives one license for personal use of any content provided the Coach. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. The Coach reserves the right to immediately remove Client from the Program, without refund, if Client is caught violating this intellectual property policy.
RECORDING AND REDISTRIBUTION OF CALLS.
Client acknowledges that group coaching sessions and/or group calls may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the Coach.
NON-DISPARAGEMENT.
The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
GOOD FAITH.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
DISCLAIMER OF WARRANTIES.
The information, education, and coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a Program of deal, Program of performance or trade usage.
LIMITATION OF LIABILITY.
By using Company services and purchasing this Program, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Coach 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 the Program. Client agrees that use of this Program is at user’s own risk.
DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Austin, Texas or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) 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 decree in equity, as circumstances may indicate.
GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, regardless of the conflict of laws principles thereof.
ENTIRE AGREEMENT.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
