Terms and Conditions of Use for Hercomeback, LLC

TERMS OF SITE & COURSE ACCESS AND PRODUCT PURCHASER AGREEMENT

All programs, products, and services are owned and provided by Hercomeback, LLC (“Company” or “We” or “Us” or “Our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Offering”). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.

You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please email Us at info@kajaltyagi.com and We will make reasonable efforts to remove Your name, email, and access to Our Offering and website(s).

YOUR PRODUCT OR COURSE USE AND CONSENT

When You purchased Our Offering, You were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access of the Offering, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.

You agree You are at least 18 years old or of age in Your applicable jurisdiction to access the Offering. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the US or 16 in Ireland), you may not access the Offering, but we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you. If you are below this age of consent to use online services, you may not access the Offering under any circumstance. If we discover that you have done so in violation these rules, we will terminate your account. Access of Our Offering and related materials by a minor is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.

INTELLECTUAL PROPERTY NOTICE

All images, text, designs, graphics, trademarks, and service marks are owned by and property of Hercomeback, LLC or the properly attributed party (the “Intellectual Property”). It is a violation of federal law to use any of the Intellectual Property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately. 

You may use Our Intellectual Property with clear and obvious credit back to Our site, as well as links back to the page where the materials, designs, images, text, quote, or post is located when it is appropriate to do so. However, You may never claim any of Our intellectual property as Your own or Your unique creation, even with attribution, or use any Intellectual Property within the Offering that is attributed to a third-party.

ONLINE COURSE INTELLECTUAL PROPERTY 

LIMITED LICENSE

Any and all materials, paid or free, that You access on this or any related domains that contain Our Offering are under the sole ownership or licensed use of Hercomeback, LLC.

To be clear, We own Our page layout and design, overall look and appearance, individual graphics, icons, videos, written material, logos, taglines, and trademarks (common law or federally registered). You are not allowed to reproduce any part of Our website(s), program(s), product(s), service materials, or related communications.

 You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering You have paid for or opted to receive. You acknowledge that if You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trial and Appeals Board, You have committed infringement in a manner that materially harms Us, and We have the right to seek damages and/or an injunction to remedy the situation until We are made whole. 

You may: 

• Access the Offering for Your personal use (if additional members of Your team need to access the
  Offering, You must purchase additional Offerings at one per each team member).
• Download and/or print any Offering materials for Your personal use in Your business (if additional
  members of Your team need to download and/or print any materials from the Offering, You must
  purchase additional Offerings at one per each team member).
• Use Our trademarks and copyrighted materials with Our prior written consent and proper credit and
  marking, namely, citing ©Hercomeback, LLC as the source of the materials and marking any federally
  registered trademarks with ® or common law trademarks with ™ in accordance with the below.

You may not:

• Re-sell or trade Your access to the Offering.
• Share the Offering with anyone else who has not yet purchased it or opted in to receive it.
• Reprint or republish any of the Offering, in part or in whole.
• Distribute any of the materials contained in the Offering or related materials and/or communications as Your own, otherwise known as stealing.
• Reproduce and alter, edit, remix, or in any way create a derivative of any part or whole of the Offering for distribution as Your own work.
• Claim ownership or use over any of Our Intellectual Property without Our prior consent, which
  includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons,videos, and other content; trademarks such as names, logos, taglines, or other unique source identifiers;or trade dress including the look and feel of the Offering (and its related communications and materials).
• Use Our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).

REQUEST FOR PERMISSION TO USE CONTENT

If You wish to use, publish, or access any of Our content, Offering(s), or related materials, You must do
so by requesting and receiving written permission prior to commencing use of the same by emailing Us
at info@kajaltyagi.com.

CIVIL AND CRIMINAL PENALTIES

Even though Our Offering is not necessarily something you can physically hold in Your hand and walk
away with, it is nevertheless considered theft to steal, infringe, or otherwise violate these Terms and
Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal
or civil statute in any jurisdiction allowed.

MODEL RELEASE

You warrant and represent that You own the copyright to any image(s) You use by default or voluntarily
on Our platforms or in Our Offering or related materials free and clear of any and all third-party claims.
You grant Us a commercial license to any image(s) You submit to Us by default, such as a Facebook
profile photo or other profile image You voluntarily provide in accessing the Offering, or voluntarily
upon Our request. Such a default or voluntary release of Your image and likeness may be used for any
reasonable future business use.

NOTIFICATION OF USE

We are not obligated to notify You or anyone in photographs of Our publication or other use of any
image or images You submit by default or voluntarily.

SECURITY AND ASSUMPTION OF RISK

SECURITY

It is Your responsibility to secure Your username and password from theft or any other means of
unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole
credit card numbers or payment information, and instead, these are processed through third-party
processors such as Stripe, PayPal, or SamCart. By utilizing these payment processors to gain access to
the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the
payment details, and agree to be bound by the third-party payment processor’s applicable terms and
conditions of use.

CONFIDENTIALITY

You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client
agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.

ASSUMPTION OF RISK

By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of
Your access and any subsequent actions You choose to take as a result of the influence, information, or
educational materials provided to You.

YOUR COMMUNICATIONS

Any communications made through Our ‘contact’, blog, blog comments, newsletter sign up, or other
related pages, or directly to Our phones or mailing or email addresses is not held privileged or
confidential and is subject to viewing and distribution by third parties. We own any and all
communications displayed on Our website, servers, comments, emails, or other media as allowed by U.S
law, and will not give credit or pay royalties for unsolicited user-generated content such as blog
comments or emails. For more information on when and how We store and use Your communications or
any data provided by You in those communications, please refer to Our Privacy Policy on this page.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the
course of Our business. You agree not to submit any content or communications that could be illegal or
serve an unlawful purpose, including, but not limited to communications that are potentially libelous or
maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.

DISCLAIMERS

Our website and related materials are provided for educational and informational use only. You agree to
indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system
failure(s).

While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for
any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.

These courses and website are updated on a regular basis and while We try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us at
info@kajaltyagi.com.

GENERAL DISCLAIMER

To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with Our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and
for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial, or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering our professional services and You expressly agree we are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, or financial advice.

THIRD PARTY DISCLAIMER

You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.

WARRANTIES DISCLAIMER

WE MAKE NO WARRANTIES AS TO OUR OFFERINGS, PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT OFFERINGS, PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS
ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST 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, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED,
CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

TECHNOLOGY DISCLAIMER

We make reasonable efforts to provide You with modern, reliable technology, software, and platforms
from which to access Our Offering(s) and related material(s). However, in the event of a technological
failure, You accept and acknowledge Our lack of responsibility for said failure, and while We will make
reasonable efforts to support You, some technological issues are far outside Our control and will require
You to access support from a third-party provider, such as Thinkific.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE

RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-
PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR
TRANSACTION RELATED TO THE OFFERINGS.

ERRORS AND OMISSIONS

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or
suitability of the information in Our Offering(s). We are not liable for any inaccuracies, errors, or reliance
on personal opinions contained in Our Offering(s) or related material(s).

INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS

You agree at all times to indemnify and hold harmless Our Company, as well as any of Our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or
related to Our Offering(s) .

LIMITATION OF LIABILITY

We will not be held responsible or liable in any way for the information, products, or materials that You request or receive through or in relation to Our Offering(s). We do not assume liability for any third- party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of Your access of Our Offering(s) and related material(s).

UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE 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, THE
WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR
OFFLINE, OF ANY USER OF THE WEBSITE 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 ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET
FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO OUR ABILITY TO MAKE THE OFFERINGS AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED.

TERMINATION

If at any time we feel you have violated these Terms and Conditions, then We shall immediately terminate your use of Our website, Offerings and any related communications as We deem appropriate. It is within our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).

FINANCIAL CONSIDERATIONS

REFUNDS

We take Your investment seriously, and we’d appreciate if You took our investment of time and
resources into your success seriously, too.

Hercomeback, LLC reserves the right to charge 1.5% interest per day upon any outstanding sum left unpaid on or after 14 calendar days from due date.

Example:
$100 due March 1
$101.50 due March 15
$103.03 due March 16
Sent to Collections April 15

After 30 days of outstanding payment, Hercomeback, LLC reserves the right to send you to collections, upon which You will owe the total amount of any outstanding payments plus any collection costs including reasonable attorney’s fees.

COURSE PURCHASE REFUNDS

We want you to be satisfied with your purchase and offer a 3-day money-back guarantee refund period for purchases of particular courses from our offerings.

In the event that you decide your purchase was not the right decision for you, within 3 days of enrollment, contact our support team at info@kajaltyagi.com and let us know you’d like a refund by the
3rd day at 11:59 EST.

We will NOT provide refunds more than 3 days following the date of purchase. After day 3, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.

Please note: If you opted for a payment plan and you do not request a refund, you are required by law to complete the remaining payments of your payment plan.

If you have any questions or concerns, please let us know by contacting our support team directly. The support desk can be reached at: info@kajaltyagi.com!

CHARGEBACKS

You agree to make every attempt to file for a refund prior to attempting a chargeback with Your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all of Our bonuses, affiliate bonuses, or other materials afforded to You in exchange for Your original purchase of Our Offering. We reserve the right to present proof of Your access and these Terms and Conditions of
Use to the financial institution investigating the dispute.

RECURRING PAYMENTS

If You have signed up for a payment plan, You hereby authorize our continued access to Your financial
information stored by Our third-party financial processing company referenced in this Agreement until
Your payment plan is complete, as set forth in Your acceptance of the purchase terms upon checkout.

REVOCATION OF ACCESS

Except as otherwise provided herein, You have the unilateral right to terminate Your use and access to
any of Our Offering(s). Please send an email to info@kajaltyagi.com to initiate this process. Termination will not excuse You of further payment. Upon confirmation of Your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and You agree to be responsible for
any additional charges, fees, or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.

DISPUTE RESOLUTION

If You and Our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.

NON-DISPARAGEMENT

If You are found to be slandering, libeling, or otherwise disparaging Our Company, Offering(s), or related
materials at Our discretion, You will be immediately removed from the Offering(s) and any related
communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm Our Company.

ENTIRE AGREEMENT

Before You register with Our website or make any purchases therefrom, You will be asked to consent to Our Privacy Policy. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website.

CONSENT

By using Our website, You hereby consent to Our Terms and Conditions of Use and Privacy Policy.

If You require any more information or have any questions about Our Terms and Conditions of Use, or Our Privacy Policy, please feel free to contact Us by email at info@kajaltyagi.com.

ALL RIGHTS RESERVED

All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express
written here, are reserved by Company.

SEVERABILITY

If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or
unenforceable, all other provisions contained herein will remain in full force and effect.

CONTACT INFORMATION

If you have any questions about any term of these Terms of Use, please contact us at info@kajaltyagi.com.