Terms and Conditions
1. The Program
As part of the Program you select at checkout, you will receive the services outlined on the web page where you registered. The Company reserves, in its sole right and discretion, the right to adjust the Program, including the services and/or pricing at any time. Except as otherwise expressly provided for in these TOU, any modification to the Program will take immediate effect. If you register for the Program, you understand and agree that you may be coached by Alisha Banks, guest coaches, and/or your peers that are also participating in the Program. In the event Alisha Banks is not in attendance for a group meeting for any reason including, but not limited to, illness, injury, pregnancy, or any other unforeseen circumstance(s), the Company may, in its sole right and discretion, designate a qualified host of Company’s choosing to carry out the meeting. Please note that if you disagree with the Company’s designated choice of host in the event Alisha Banks is unavailable for the Program meeting, no grounds to receive a refund will be created, and any request for a refund on this basis shall be denied.
2. Participants
The Program and Website are intended for service-based business owners only, as further explained in the Refund Policy below and on the Website. The Program and Website are intended and only suitable for individuals aged eighteen (18) and above. Some of the content in the Program and on the Website may not be appropriate for children. Children under the age of eighteen (18) are not permitted to use the Program or Website. The Company hereby disclaims all liability for use by individuals under the age of eighteen (18). If you wish to participate in another session of the Program in the future or purchase any other products, programs or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.
3. Early Enrollment Program Offers / Special Program Offers
From time to time, the Company may offer participants promotional pricing, early enrollment, and early access to specific services outlined on the Website, for a temporary period of time (“Promotional Offer”). If you accept the Promotional Offer by taking the required steps (i.e., submitting a Program application and/or making the required payment) then you agree that these TOU will apply to the Promotional Offer, unless otherwise detailed on the webpage where the services of the Promotional Offer are outlined. Please note that you are subject to any additional terms set out for the Promotional Offer, whether said additional terms are outlined on the Website or otherwise (i.e., email), and those additional terms shall be incorporated into this TOU. Promotional Offer information, including application details and/or payment instructions will also be detailed and outlined on the Website when registering for the specific Program(s) offered under the Promotional Offer.
4. Payment
You agree to the fees and payment schedule for the Program you selected at checkout. If paying by debit card or credit card, you give the Company permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services). Unless stated otherwise, payment in full is required before you are permitted to participate in any Program. If payment is not received when due, the Company reserves the right to terminate your access to the Program and all Content immediately and permanently. Regarding Promotional Offers related to the Mastermind, if you are late on payments, Company will immediately revoke your access to the member portal; however, Company will grant you access to the member portal again if you pay all delinquent payments before the Program’s live event. If you fail to make any payment in a timely manner (on the date in which payment is due) or voluntarily withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you have chosen, unless otherwise mentioned within these TOU. The Company reserves the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
5. Refunds
The Company’s refund policies are only applicable to service-based business owners. If you are not a service-based business owner and participate in the Program, you acknowledge that your sale is final, and you are not eligible for any refund.
The Company’s refund policies for the Program are outlined below:
a. Refund Policy for The Wise Woman Practitioner Course "Group/Cohort." If you enrolled in the Company’s Group/Cohort Program, to request a refund of this program investment fee, you must email the Company at hello@sheisfromthedust.com and provide proof that you did not earn back your $4,500 program investment fee.
If you earned back your $4,500 program investment fee or if you do not provide proof that you did not earn back your $4,500 program investment fee, you will not be issued a refund.
Providing proof includes demonstrating that you have gone through the entire program (watched all of the modules, self coached through each step, completed the worksheets, asked for coaching in the Facebook group and attended & actively participated in at least 12 LIVE Coaching calls).
In all other cases, you will not be granted a refund. Unless otherwise provided by law, you acknowledge that the Company does not offer refunds unless the Company determines, in its sole discretion, that you satisfy the criteria outlined above and/or as otherwise stated herein.
Upon determining that you are to be issued a refund, 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.
Upon receiving your requested refund, you understand and agree that you will not be able to participate in any Company Program in the future.
b. Refund Policies for Promotional Program Offers / Special Program Offers:
If you enrolled in the Program through a Promotional Offer, whether there are payments that you’ve missed or if you’ve opted for monthly payments to participate in the Promotional Offer, all monthly payments are nonrefundable.
If you are located outside of the United States, the Company agrees to provide a cooling-off period and will honor your right of withdrawal as required by law. In the event you are not meeting milestones in the Program or the Company determines you are not likely to achieve your desired results, the Company may, in its sole and absolute discretion, give you the option to either terminate your participation in any Program with a full or partial refund, or continue to participate in any Program with an express forfeiture and waiver of any future opportunity to request a refund.
In the event of Alisha Banks's death, her estate shall have 180 days from her death to settle, emit, distribute, and honor any refund requests or unfulfilled Program reimbursements. Any deviation by the Company from these policies, as determined in the Company’s sole discretion, does not constitute a waiver of these policies and you will not be entitled to a refund on that basis.
The Company reserves the right, in its sole discretion, to determine how to discipline a participant who violates these TOU. Therefore, if a participant disagrees with how the Company disciplines another participant and requests a refund, the Company will deny such request. Furthermore, if a participant violates these TOU, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these TOU.
If a participant disagrees with the Company offering another participant a second opportunity to follow these terms, no grounds for a participant to receive a refund would be created, and any request for a refund on this basis shall be denied.
If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these TOU, the Company may terminate your access and participation in the Program without notice and without refund.
Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor.
In the event that a chargeback is placed on a purchase, or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address.
Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
6. European (EU/EEA/UK) Participants Rights of Withdrawal
In addition to the refund policies set forth above, if you have a right of withdrawal under the relevant laws in your country including any applicable European Union laws, then:
○ You have a right of withdrawal for a period of fourteen (14) days from acknowledging these TOU. You may withdraw these TOU with the Company for the services part of the Program, without giving any reason, and without incurring any costs other than those provided for in this paragraph.
○ The withdrawal period will expire after fourteen (14) days from the day these TOU are acknowledged. However, you do not have a right of withdrawal a) if the Program services under these TOU have already been fully performed with your prior express consent and with your acknowledgement that you will lose your right of withdrawal once the Program services have been performed by us or b) if you have started the Program, with your prior express consent and your acknowledgement that you will lose your right of withdrawal upon beginning use of the Program services.
○ If your circumstances do not fall into ‘a’ or ‘b’ mentioned above, and you exercise your right of withdrawal by providing to Company an unequivocal statement (detailed below) within the fourteen (14) day time period, Company shall reimburse to you a partial refund (50%) of payments received from you, no later than fourteen (14) days from the day on which Company is informed of your decision to rescind this TOU in accordance with this paragraph.
Company will carry out such reimbursement using the same means of payment as you used for the initial transaction. In any event you do not incur any fees as a result of such reimbursement.
○ To exercise the right of withdrawal, you should inform Company of your decision to withdraw by an unequivocal statement (e.g., a letter sent by post or by emailing Company at hello@sheisfromthedust.com.
You may use the below model form, but it is not obligatory.
Model Withdrawal Form (complete and return this form only if you wish to withdraw from the contract).
○ To From Dust:
○ I [your name] hereby give notice that I [your name] withdraw from my participation in [insert program name] that I purchased on [insert date]. I also withdraw from the Terms and Conditions Agreement that I acknowledged when registering for [insert program name], ○ Acknowledged on [insert date] / Received on [insert date],
○ Name of consumer(s),
○ Address of consumer(s),
○ Signature of consumer(s) (physical or electronic),
○ Date
○ You may send an unequivocal statement to Company at hello@sheisfromthedust.com
You shall have exercised your right of withdrawal within the fourteen (14) day withdrawal period if the communication is sent by you before that period has expired. The exercise of the right of withdrawal shall terminate the obligations of you and the Company to perform these TOU and you will not be afforded the opportunity to enroll or participate in any Program in the future. If you exercise your right of withdrawal, any ancillary contracts shall be automatically terminated.
○ The burden of proof of exercising the right of withdrawal in accordance with this clause shall be on you. Except as provided for in this clause, you shall not incur any liability as a consequence of the exercise of the right of withdrawal.
7. Guest Coaches and Coach Substitutes
The Company may have guest coaches and/or coach substitutes participate and coach the Program. The Company, in its sole right and discretion, reserves the right to assign any and all duties, responsibilities, and obligations under the terms of these TOU, at any time, to any qualified third party of the Company’s choosing, to deliver, administer, and carry out the Program, without providing advance notice nor needing consent from any participant. If a participant disagrees with or fails to consider Company’s guest coach or coach substitute as qualified, no grounds to receive a refund will be created, and any request for a refund on this basis shall be denied.
8. Intellectual Property Rights
a. Ownership of the Content The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, contained in e-mails sent to you by the Company, or provided at in-person events by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
b. The Company’s Limited License to You: If you view, purchase, or access the Program or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means you may view, download, print, email and use one copy of individual pages of the Program and Content for your own personal purposes or your own internal business use only. You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, your clients, or customers, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third-party money (other than by applying them internally in your own business). By downloading, printing, or otherwise using the Program or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Program or Content shall constitute infringement. You must receive the Company’s written permission before using any of the Program or Content for your own commercial use or before sharing with others. The trademarks and logos displayed on the Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission. All rights not expressly granted in these terms or any express written license, are reserved by the Company.
c. Wise Woman Group/Cohort Program: Lifetime Access to Content and materials in Program You are granted lifetime access to the Program materials and Content within the Wise Woman Program, for the life of the Program only. This means you will have access to any Program materials found within the Wise Woman Program, provided your account is in good standing, for as long as the Company continues to host and provide access to the Content you have purchased. Please note that Company, in its sole right and discretion, may temporarily suspend or terminate your lifetime access in the Program at any time, without providing notice to you, if in Company’s discretion you have violated these TOU in any way.
d. Recorded Coaching Calls and Live Events The Company’s coaching calls and live events will be recorded and may be made available to Program participants. However, in Company’s sole right and discretion, Company may refuse to present or provide any Program participant with the live coaching call and live event recordings. Company’s potential changes referenced above do not pose as grounds for a participant to receive a refund and any request for a refund on this basis will be denied. Recorded live coaching calls and live event recordings are considered Content and therefore, may not be downloaded, shared, displayed, distributed, copied, sold, duplicated, reproduced, used, or republished.
e. Unauthorized Use Your use of any materials found in Program or Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed upon liquidated damages charge for the Unauthorized Use. You agree that any violation or threatened violation of the Intellectual Property Rights terms in this TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
f. Your License to the Company; Use in Testimonials and Marketing. By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to the Company that you are the owner of all such materials, and you are at least eighteen (18) years old. You are also granting the Company, and anyone authorized by the Company, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting the Company the right to make it part of the Company’s current or future Program and Content. This right includes granting the Company proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by the Company to you. You acknowledge that the Company has the right but not the obligation to use any contributions from you and that the Company may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason. You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future. You also grant the Company, and anyone authorized by the Company, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos, or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason. This means you give the Company permission to use anything you submit or post in the Program or any third-party forum or website operated by the Company, or anything captured by you or the Company during your participation in the Program, including images in which your face is visible and recognizable or your full name.
g. Request for Permission to Use the Content If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by sending an e-mail to hello@sheisfromthedust.com. If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from the Company, and you consent to immediately stop using such Content and to take whatever actions as the Company may request and by the methods and in the time frame that the Company prescribes to protect its intellectual property and ownership rights in the Program and Content.
From Dust -
