TERMS OF SERVICE: POWER UP! YOU AS A BUSINESS^©  

Last Updated: February 2, 2021

By registering to Power Up! You as a Business© (“the Program”), paying the Fee either in partial or in full, and/or using the content and materials, you agree to the Terms and Conditions set forth herein and enter into a formal and legally binding agreement between Melanie Meurehg (“Company”, “we”, or “us”) and You (“Client” or “You”).

PROGRAM/SERVICE

Company agrees, upon receipt of applicable registration and corresponding payment(s), to provide the Program as identified in its corresponding online information and other marketing provided as available and as applicable to each Start and End Date period set out in your individual registration confirmation and applicable invoice(s) .

As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

As part of the Program, the Company shall provide the following to Client:

What is included: The Program includes live group coaching online sessions, workbooks, worksheets, templates, audios, video, online text live support as set out within the first booklet sent to you upon receipt of payment, as well as a special discount on additional private coaching sessions during the Program, and other services we may offer from time to time to Program participants.

Additional Coaching Sessions: Should you need more or specialized support, private coaching sessions are offered at a 50% discount based on the full rates published during the 8 weeks of the Program specified within your agreement.

Program Delivery and Program Area: The Company shall maintain a Program Delivery schedule and Program Area that will include video, audio and written lessons, templates, worksheets, checklists, slide decks and other training and support information (“Program Materials”). You shall have access to this Program Area and Program Delivery Materials for as long as the Program Area exists, however no less than 120 days. 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 our marketing materials.

Program Participant Telegram Group: The Company shall create and maintain a Private Telegram group for students of the Program (“the Program Telegram Group”). The Program Telegram Group shall be open for a period of 12 weeks beginning The Start Date of the Program. This is a community run group, meaning that students are encouraged to help each other. The Company employs a Community Manager, who is charged with overseeing the group and ensuring that it runs smoothly. At the completion of your 12 weeks of access to the Program Telegram Group, the Company shall automatically close this group, or remove you from it. You can then decide to join the Masterheart Membership or other community offerings we may create from time to time.

Alumni Mastermind Support Group: When Client is removed from the Program Telegram Group, Client will have the option to register for a fee to the Alumni Mastermind Support Group (“The Masterheart Memebrship”) and/or be given the choice to become a member of a general closed Facebook group (“the Company Group”). This is a community run group, meaning that students are encouraged to help each other. The Company employs a Community Manager, who is charged with overseeing the group and ensuring that it runs smoothly. In the event that Company intends to close the closed the Company Group, it shall provide clients with a 30-day notice.

From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year.

RECORDING

By registering to the Program, you consent to have live classes, private and group coaching calls recorded (“the Recordings”). These Recordings will be made available to you and the Program group as re-plays and may be shared outside of the private Program coaching group as support to other clients going through the program or other potential clients by. Edited portions of the recordings may be used for marketing purposes. As much as possible, we will endeavour to remove your likeness from such marketing materials, but we are not bound or forced to do so, nor will we require further permission from you to share it. By agreeing to these terms and conditions you consent to being recorded and to the uses the Company may give to such recordings.

DISCLAIMER

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program.

Client understands Melanie Meurehg (herein referred to as “Consultant” or “Coach”), is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist, or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties wish to continue their relationship, they shall execute a separate agreement.

FEES

Your final Program Fees shall be set forth in your agreement with Company and reflected by your specific invoice(s). In some cases, special offers and discounted rates may apply at different tiers and as per your individual agreement and invoices.

In consideration of Your access to the Program, you agree to pay the following fees or those set forth on your specific invoice(s).

You may choose between a single payment of $2,999 (due immediately) or 2 monthly payments of $1,725. If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following 2 payments on a monthly basis, for a total payment of $3,450. If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program and may choose, at Company’s sole discretion, to seek legal action and remmedy.

All payments shall be completed in full by the end of the term of the Program.

Fees are set out in Canadian dollars for Canadian students living in Canada and students living and operating in Latin America; fees are set out in US Dollars for students living and operating in the rest of the world.

Special discounts and offers may be offered from time to time and will vary depending on specific live and automated promotions throughout the Life of the Program.

METHODS OF PAYMENT

If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your program access will be removed.

If you do not request a refund within the terms of the Program with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.

All payments, irrespective of the payment plan and method, shall be paid in full by the end of the Program term.

REFUNDS AND CANCELLATION POLICY

We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all the strategies in the Program. For this reason, cancellations or refunds may only be granted at Company’s sole discretion because we know that when you show up and DO THE WORK, you get results.

In order to be considered for a partial refund you must submit proof that you did the work in the course, attended the coaching sessions, asked for help during the calls, and it did not work for you, by sending a detailed e-mail to support@melaniemeurehg.com

The work that you need to submit with your request for a refund includes ALL of the fully and conscientiously completed templates, answers, screenshots of any material created, social media posted, online marketing and potential client conversations, business plan, financial projections and other applicable documents and tasks included in the Program. You also must have attended the live coaching classes and lessons and participated in them as well as have submitted any questions that may have emerged during your study and implementation of the Program.

You shall also tell us why this course was not a good fit for you and your business needs. What did you expect that you did not obtained through your participation in the program?

We will NOT consider any refund requests that comes after your Program end date. It is understood that 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 or request a refund. Refunds are at sole discretion of Company and within the terms stated herein.

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

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 as per the terms herein, 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.

All refunds are discretionary as determined by Company. To further clarify, we do not provide refunds, but you are entitled to request it as per the terms herein for any discretionary consideration. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

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

CONFIDENTIALITY

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants.

NO TRANSFER OF INTELLECTUAL PROPERTY

All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources solely for your own personal use. No other use is permitted. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.

The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, you shall not be entitled to a refund of any portion of the fees and the Company may choose to pursue legal action against you.

INTELLECTUAL PROPERTY AND COPYRIGHT

All Content in the Program, including but not limited to written content, ideas, graphics, forms, templates, audio, and video is intellectual property protected by Canadian and worldwide copyright laws and treaty provisions. Unless otherwise explicitly disclosed, all copyright is ©2020 Melanie Meurehg, weather explicitly or implied. The Content, media and materials may not be copied or reproduced, other than for personal use for implementation of the Program, without written permission from Melanie Meurehg. All Rights Reserved. All Trademarks mentioned herein belong to their respective owners.

We claim no intellectual property rights over the material you supply to the Company directly or through the Program. You retain copyright and any other rights and obligations you may rightfully hold in any content that you submit through the Site or Program. Content you submit to us remains your property and copyright to the extent that you have any legal claims therein. You agree to hold the Company 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 or otherwise sharing content and material to the company or Program, you grant us a worldwide, non-exclusive, irrevocable license to use your material and content for promotional, business development, and marketing purposes. Upon your submission to Company or posting of content or materials to which you rightfully own the copyright, you can include an express and written withdrawal of consent to your material being shared by the Company as stated herein. Should you have any questions or concerns on our material and content sharing policies you can send an e-mail to support@melaniemeurehg.com.

INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors and coaches, is not intended as, and shall not be understood or construed as, professional advice.

FORCE MAJEURE

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

SEVERABILITY/ WAIVER

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

MISCELLANEOUS

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some Provinces, States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.

NON-DISPARAGEMENT

The Parties agree and accept that the only venue for resolving such 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 Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

ASSIGNMENT

Client may not assign this Agreement without express written consent of Company.

MODIFICATION

Company may modify terms of this agreement at any time. All modifications shall be posted on the Amy Porterfield, Inc.’s website and purchasers shall be notified.

TERMINATION

The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

EARNINGS DISCLAIMER

Every effort has been made to accurately represent this product and its potential.

This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook or LinkedIn, nor have they been reviewed tested or certified by Facebook or LinkedIn.

There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas, and techniques. We do not position this product as a “get rich scheme.”

Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various business and personal skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.

Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the United States Private Securities Litigation Reform Act of 1995 and any applicable Canadian securities legislation. Forward-looking statements are typically identified by words such as “believe”, “expect”, “foresee”, “forecast”, “anticipate”, “intend”, “estimate”, “goal”, “plan” and “project” and similar expressions of future or conditional verbs such as “will”, “may”, “should”, “could” or “would”.

By their very nature, forward-looking statements require us to make assumptions and are subject to inherent risks and uncertainties, which give rise to the possibility that our predictions, forecasts, projections, expectations or conclusions will not prove to be accurate, that our assumptions may not be correct and that our financial performance objectives, vision and strategic goals will not be achieved. 

Any and all forward-looking statements here or on any of our sales material are intended to express our opinion of earnings and personal development potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.

GOVERNING LAW AND RESOLUTION OF DISPUTES

This Agreement shall be governed by and construed in accordance with the laws of Ontario, Canada and each party hereby submits to the exclusive jurisdiction of the courts of Ontario.

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the province or federal courts that are geographically nearest to Toronto, Ontario, Canada.

Any dispute, controversy or claim arising out of or relating to this contract including any question regarding its existence, interpretation, validity, breach or termination or the business relationship created by it shall be referred to and finally resolved by mediation under the International Institute for Conflict Prevention and Resolution and the Canadian Mediation Association rules. The place of the mediation shall be Toronto, Ontario, Canada.

© 2021 Melanie Meurehg

Contact: support@melaniemeurehg.com