Last Updated February 1, 2023
These terms and conditions govern your use of this web site and also govern the terms of our relationship if you purchase a program or service from Denise Gosnell Consulting, Inc. d/b/a The Vacation Effect, Inc. (“COMPANY”). By accessing this web site or purchasing a program or service from us, you are acknowledging and accepting these terms and conditions.
1. Our Digital Programs
If you purchase one of our digital programs, you agree to the items immediately below (as well as to the general terms and conditions stated in later sections of these Terms):
- You agree that your digital product is non-refundable (whether you ever choose to use the digital program or not).
- You also agree to the terms of our Refund Policy.
- You understand that there are NO guarantees that any digital program you purchase from us will produce any particular result.
- You cannot share the digital product with anyone else unless we have given you written permission to do so.
- You cannot give any login you are provided to someone unless we have given you written permission to do so.
- If you have trouble accessing the digital product your purchased or our membership site (when applicable), please contact us using the contact info shown below.
2. The Grow by Subtraction Accelerator Coaching Program
Upon purchasing Grow by Subtraction Accelerator Coaching Program, you agree to the following terms governing your participation in that program:
A. Your Membership Period. The membership is for a duration of 6 months (“Your Membership Period”), unless you receive a bonus month as part of a special promotion, in which case Your Membership Period shall be 7 months or whatever is stated on that program offer. During Your Membership Period, you will be provided access to the coaching and support, access to the membership site with the program materials, access to the community site to interact with other members and us in between coaching calls, access to any bonuses you were promised, and the current version of the Business Navigation System templates.
- Program Access Terms. Once Your Membership Period has expired, you agree and understand that you will no longer have access to the coaching or the program materials, but you can continue to use the materials, methodologies, worksheets, bonuses, and Business Navigation System templates that you downloaded during Your Membership Period within your company, solely for your internal usage with you and your team only (or for the specific purpose that the resource was shared with you). Unless otherwise authorized by COMPANY, you are strictly prohibited from distributing these materials to third parties, selling them, and from creating derivative works of them in violation of the applicable intellectual property laws.
- Your Payment Obligations. If you purchased this program on a payment plan, you agree and understand that you owe the entire program amount and all payment installments regardless of how much or little you use the program and the services that are included. In order to deliver the highest level of service to all our members, we have several support staff, costs of physical goods that are shipped to you (U.S. and international when available), and costs for creating and delivering the program to you that are based upon your full payment for the program.
- Refund Policy and No Particular Results Guarantee. You also agree to the terms of our Refund Policy and understand that there are no program refunds. Other than our conditional guarantee stated on that Refund Policy that simply offers additional support when you meet certain criteria, you understand that there are NO guarantees that this program will work for you or will produce any particular result. You are simply receiving a space in the program, and will receive the support, guidance and the materials set forth herein, but you alone are responsible for your own success or failure in life and business, as set forth in more detail in that Refund Policy.
- No Professional Advice. COMPANY does not engage in the rendering of legal, accounting, financial, medical, or other professional services. You acknowledge that you will make your own decisions before acting on any information gained from this program. It is further understood that before you utilize any techniques suggested by this program, you should consult licensed professionals as applicable.
F. Program Adjustments. In an effort to provide the best possible service to our members, we may adjust how we deliver the coaching services from time to time, such as: (1) changing the manner and duration of critiques that can be submitted; (2) changing the frequency of the coaching calls to add more or fewer calls based upon member needs at the current time (with at least two group coaching calls hosted by Denise Gosnell per month at a minimum); (3) changing staff allocations on who conducts the one on one milestone calls with you; or (4) changing the technology used to deliver the program materials or community site. These are just a few examples of the adjustments we may make over time, and you will be informed of any such changes.
G. You are a Business Owner. You enter this Agreement in your capacity as a business owner, not as an individual consumer. This is true even if you do not have a business entity such as a limited liability company. As a business owner, you may have limited rights under your state’s laws, and may be giving up consumer rights.
H. Company Can End Your Participation. COMPANY may determine, in its sole discretion (such as if you are deemed disrespectful to COMPANY and/or other members or otherwise not the right fit), that you are no longer allowed to continue your participation in the program. In this circumstance, COMPANY will provide a pro-rata refund to you for the remaining portion of Your Membership Period (if you already paid in full for your membership), or if you were on a payment plan, COMPANY will release you from your obligations to make the future payments for the remaining period you are no longer a member of the program.
I. Agreement to General Terms. You hereby confirm that you also agree to the general terms and conditions set forth below.
3. INTELLECTUAL PROPERTY
You acknowledge and agree that all content and materials available on this site and in COMPANY’s programs are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
4. THIRD PARTY REFERENCES / HYPERLINKS
This site and COMPANY’s programs may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.
5. ABILITY TO ACCEPT TERMS AND CONDITIONS
You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
6. CONTACTING US
If you need to contact us, go here.
7. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE AND COMPANY’S PROGRAMS (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF OPPORTUNITY COST, LOSS OF PROFITS AND THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE MAXIMUM AMOUNT OF ANY AND ALL LIABILITY OF COMPANY OF ANY NATURE, INCLUDING ATTORNEY’S FEES AND COSTS, SHALL BE LIMITED TO THE AMOUNT PAID TO COMPANY UNDER THIS AGREEMENT.
Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this site or for a breach of this Agreement.
10. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and COMPANY with respect to this site and your participation in COMPANY’s programs and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this site and COMPANY’s programs. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Indiana. You hereby consent to binding arbitration in the State of Indiana to resolve any disputes arising under this Terms and Conditions.