The following constitute the terms and conditions (these “Terms and Conditions”) to which you (‘You”, “Your”, or “Client”) agree to be bound when purchasing any in-person training, e-learning courses or other training with Travel Advisor Training by Marcie LLC (“Marcie”). If you do not have the authority to make such purchase, or if you do not agree with these Terms and Conditions, you must not accept these Terms and Conditions and you shall not use any documents, materials, or courses, whether printed or available online in any form, provided by Marcie in connection with such training (collectively, “Training Material”).
By accepting these Terms and Conditions, either by clicking a box indicating your acceptance, executing a consulting agreement that references these Terms and Conditions (with a copy of these Terms and Conditions provided), or by using or accessing any portion of the Training Materials, you agree to be bound by these Terms and Conditions.
Purchase. In-person training courses and online e-learning courses can be purchased via www.thetraveladvisormarcie.com or via conversation with Marcie to determine a coaching program. When you submit a purchase request, Marcie will then confirm and approve your purchase request, invoice you through Stripe, together with information on starting your training if your request is accepted. You can also purchase the e-learning course directly on www.thetraveladvisormarcie.com by paying your invoice in full or through the agreed upon payment method and monthly payment plan.
Payment. Training fees for the e-learning courses can be paid when you purchase the e-learning courses via our website by credit card through a Stripe invoice. The total purchase price for the e-learning courses is due and fully earned and non-refundable immediately at the time of purchase, regardless of whether you are satisfied with or dislike the e-learning courses, complete the e-learning courses or Training Materials, or decide to discontinue your participation for any reason, including but not limited to dissatisfaction, the product not working for your business, change of mind, or personal preferences. When you purchase an e-learning course, you are agreeing to pay the full amount of the course.
If you elect to pay the full amount of an e-learning course upfront, you will be granted immediate access to the purchased e-learning courses and all related Training Materials.
As an alternative, you may elect to pay for the e-learning courses in the number of equal monthly installments as listed on the invoice, which creates a subscription payment plan for the number of months you choose. The payment plan option is solely for your payment convenience. You will be granted immediate conditional access to the purchased e-learning courses and all related Training Materials, subject to receipt of the remaining payments. By selecting the payment plan option, you agree that your obligation to pay the full amount is not contingent upon your satisfaction with the e-learning courses or Training Materials, its perceived value, or any other subjective criteria. Failure to make any installment payment by the due date will result in the remaining balance becoming immediately due and payable at the sole discretion of Marcie, and such amount shall become an outstanding debt, and Marcie reserves the right to pursue collection for the full outstanding amount, including any associated collection costs, as allowed by law. Marcie reserves the right to immediately revoke access without notice to any in-person training or e-learning courses and any Training Materials for failure to pay or upon initiation of a chargeback.
PLEASE NOTE: Canceling your enrollment, expressing dissatisfaction with the in-person training, e-learning courses or Training Materials, changing your mind or other similar reasons does not relieve you of your obligation to pay the full purchase price of the in-person training, e-learning courses and Training Materials. You agree to complete all installment payments regardless of your participation status, perceived value, or enjoyment of the in-person training, e-learning courses or Training Materials. In the event of non-payment or missed payments, we reserve the right to take any legally permissible actions to collect the outstanding balance, including but not limited to reporting the debt to credit agencies, pursuing legal action, or employing a collections agency.
Refund and Chargeback Policy. By purchasing any in-person training or e-learning courses from Marcie, you expressly agree that all payments made are FULLY EARNED AND DUE UPON PURCHASE and are NON-REFUNDABLE FOR ANY REASON, except in the event of Marcie's failure to deliver the purchased in-person training or e-learning courses.
You further agree not to initiate a chargeback or dispute through your payment processor or account bank for any reason, including, without limitation, dissatisfaction, change of mind, personal preference, or card not present. You may initiate a chargeback in the event that (1) you are the victim of actual fraud (meaning that someone other than you purchased an in-person training or e-learning course without your consent (express or implied) and you filed a police report evidencing such fraud and shared such police report with Marcie at marciemuensterman@gmail.com) and such amount is not refunded by Marcie within 10 days of the request, (2) you were charged the wrong amount or charged more than once for a single purchase and you emailed Marcie at marciemuensterman@gmail.com with a copy of your billing statement showing the error and the difference in such wrong amount or duplicated amount is not refunded Marcie within 10 days of the request, or (3) failure by Marcie to deliver the purchased in-person training, e-learning courses or Training Materials and you emailed Marcie at marciemuensterman@gmail.com explaining that you did not receive your in-person training, e-learning courses or Training Materials, as applicable, and Marcie fails to provide access to the relevant in-person training, e-learning courses or Training Materials within 10 days of the request. In the event that you initiate a chargeback in violation of these Terms and Conditions and the chargeback is accepted by the payment processor, you will still be responsible for the full amount of the purchase, which will become an outstanding debt.
Please note that the refund policy and chargeback policy are subject to the terms and conditions of the third-party payment processor used for processing your payment. Any refund or dispute initiated through a third-party processor may be governed by their specific refund and chargeback rules, which may limit our ability to process direct refunds or challenge chargebacks.
Cancellation or Reschedule by Marcie. Marcie reserves the right to cancel or reschedule any in-person training courses. In the event of a cancellation by Marcie due to unforeseen circumstances, a prorated refund may be provided subject to the sole discretion of Marcie.
Client’s Obligations.
You acknowledge that the in-person training and e-learning courses offered by Marcie are designed and intended exclusively for travel advisors operating in their professional capacity as service providers in the travel industry,
You acknowledge that these courses are business-to-business offerings and are not subject to consumer protection laws typically applicable to transactions made in a personal or individual capacity,
You acknowledge and agree that by purchasing the in-person training or e-learning courses, you are acting in your capacity as a travel advisor and not as a private consumer and that you are purchasing on behalf of your business and acknowledge that any rights associated with consumer transactions (e.g., right to withdraw, certain refund protections) do not apply,
You agree to pay the training fees in full or via the agreed upon monthly payment plan at the time of enrollment and in compliance with these Terms and Conditions,
You acknowledge that the purchase of the e-learning courses and Training Materials is for your sole use only and may not be shared, transferred, or resold to any third party, including another advisor, employee, independent contractor or affiliate in your travel business.
You may use the in-person training courses and e-learning courses and Training Materials solely for educational and informational purposes. Any reproduction, distribution, or unauthorized use of any Training Material is strictly prohibited and may result in legal action,
You may be invited to provide feedback regarding your experience with the in-person training courses and e-learning courses. By submitting your feedback, you grant Marcie your permission to use and publish the feedback for promotional purposes,
For online e-learning courses, You are responsible for ensuring that you have the necessary technical support, hardware, and software to access the e-learning courses and Training Materials,
You agree to be bound by Marcie’s refund, cancellation and chargeback policies outlined in these Terms and Conditions.
License. Subject to these Terms and Conditions and providing that you have paid all training fees in full, Marcie grants you, and only you, a limited, non-exclusive, non-transferable, and revocable license to access the Training Materials solely for educational purposes. Such license to access is considered “Lifetime” access or until the termination, liquidation or dissolution of Marcie (“Termination”). You must cease to access and use any e-learning course and Training Material provided by Marcie upon Termination and destroy all duplicates and copies from your system. Such license is not transferable at all times. Marcie reserves the right to discontinue any e-learning course and Training Material and terminate your access at any time for any reason. No refunds will be granted if the e-learning course or Training Material are discontinued. Marcie makes no guarantees about the ongoing availability of any e-learning course and Training Material. In the event that Marcie decides to discontinue any given e-learning course and Training Material, you will receive 10 days’ notice and an opportunity to download certain resources.
Ownership and Intellectual Property Rights. All Training Material (including the content, design, graphic, audio, and text), data, audiovisual content, files, documents, written information, or other content and information provided by Marcie to you shall at all times belong to Marcie. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all Training Material, documents, work product, and other materials shall be owned by Marcie. Provided that all training fees are paid in full, you are granted a non-exclusive, non-transferable, revocable license to access the Training Material. No Training Material may be copied, reproduced, uploaded, posted, displayed, or linked to in any way, in whole or in part, without Marcie’s prior written consent. Any such use is strictly prohibited and will constitute an infringement of Marcie’s intellectual property rights.
Availability. Marcie does not own the online course platform that hosts the e-learning courses and Training Materials. Your access may sometimes be subject to interruption or delay outside of our control. Due to the nature of the Internet and electronic communications, we do not make any representation or warranty that the e-learning courses, Training Materials or any associated resources or services will be error-free, without interruption or delay, or free from defects in design. We will not be liable to you should the online course platform or the resources or services supplied through the online course platform become unavailable, interrupted or delayed for any reason.
Breach and Remedy. You agree that the restrictions contained in these Terms and Conditions are necessary for the protection of Marcie’s business and goodwill, and are considered by you and Marcie to be reasonable for such purposes. You agree that any breach or threatened breach of these Terms and Conditions is likely to cause Marcie substantial and irrevocable harm which is difficult to measure and money damages might not be a sufficient remedy. Therefore, in the event of any such breach or threatened breach, in addition to monetary damages and other remedies available at law, Marcie shall be entitled to any profit made by you in breaching these Terms and Conditions and to seek specific performance and injunctive relief and other equitable relief, including reasonable attorneys’ fees, as remedies, and you agree to waive any requirement for the securing or posting of any bond or the showing of actual monetary damages in connection with such claim.
Limitation of Liability. To the fullest extent permitted by law, in no event shall Marcie or any of its members, managers, employees, agents, or representatives be liable to you or any third party for any loss, loss of use, revenue, or profit or for any consequential, incidental, indirect, or punitive damages relating to the provision of in-person training courses, e-learning courses or the Training Materials, regardless of whether such damages are foreseeable or whether Marcie has been advised of the possibility of such damages. Further, in no event shall Marcie’s aggregate liability arising out of or related to the in-person training courses, e-learning courses or the Training Materials, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed the aggregate amounts actually paid to Marcie by you or on your behalf. This limitation of liability is a material condition of our agreement, and you acknowledge that without such limitations, the prices charged for our services would be significantly higher.
Indemnification. You agree to indemnify, defend, and hold harmless Marcie and its members, managers, employees, agents, or representatives (“Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, that are incurred by Indemnified Party (collectively, “Losses”), arising out of or related to any claim alleging (1) breach of the consulting agreement or these Terms and Conditions by you, (2) any bodily injury, death of any person or damage to real and tangible property caused by the negligent action or omission of you, (3) failure by you to comply with any applicable law or regulation and (4) any acts or omissions by you in connection with the purchase or use of the in-person training courses, e-learning courses, or Training Materials, in each case, regardless of whether such claims arise from negligence of any Indemnified Party.
Confidentiality. Except as otherwise set forth in these Terms and Conditions, each party may disclose to the other party confidential information. “Confidential Information" is defined as all non-public, confidential, or proprietary information disclosed to each party (“Receiving Party”) by the disclosing party (“Disclosing Party”), whether disclosed orally or accessed in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as "confidential". Confidential Information also includes all code, inventions, know-how, technology, and any commercial terms of these Terms and Conditions. Except as expressly authorized by the Disclosing Party or required by applicable federal, state, or local law, the Receiving Party will (1) use reasonable efforts to prevent the disclosure of any Confidential Information to any third party; (2) protect and safeguard the confidentiality of all such Confidential Information; (3) not use the Confidential Information for any purpose other than providing the training contemplated by these Terms and Conditions; (4) promptly notify the Disclosing Party of any authorized disclosure of Confidential Information; and (5) fully cooperate with the Disclosing Party in any effort undertaken by the Disclosing Party to enforce its right related to any unauthorized disclosure.
General Provisions.
Entire Agreement. These Terms and Conditions, including and together with any related exhibits, schedules, and attachments if any constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
Assignment. While Client may not assign the right and obligation under these Terms and Conditions to any third party, Marcie may assign these Terms and Conditions to a third party, provided that such assignment shall not affect the provision of the agreed upon in-person training courses, e-learning courses or the Training Materials and Marcie is not relieved from its covenants and obligations under these Terms and Conditions.
No Waiver. No waiver by any party of any of the provisions of these Terms and Conditions shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise any right or remedy arising from these Terms and Conditions shall be construed as a waiver of any other right and remedy.
Relationship of the Parties. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have the authority to contract for or bind the other party in any manner whatsoever.
Survival. The provisions of these Terms and Conditions shall survive the termination of these Terms and Conditions to the extent necessary to effectuate the terms contained herein.
Dispute Resolution. In the event of any controversy or claim arising out of or relating to these Terms and Conditions, the parties hereto shall first consult and negotiate with each other in good faith for a period of 30 days in an attempt to reach a solution satisfactory to both parties. If the parties are unable to resolve the dispute through negotiation, they agree to proceed to mediation conducted in the County of Pasco, State of Florida in accordance with the Florida Rules of Civil Procedure. If mediation fails to resolve the dispute, either party shall have the right to initiate a lawsuit in a court of competent jurisdiction. Each party shall bear its own costs and expenses incurred in connection with the mediation and legal proceedings, but the mediator or court may award reasonable attorneys' fees to the prevailing party.
Force Majeure. Marcie shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms and Conditions for any failure or delay in fulfilling or performing any term of these Terms and Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Marcie 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.
Modifications. Marcie reserves the right at any time to modify these Terms and Conditions and to impose new or additional terms or conditions on your use of the in-person training courses, e-learning courses, or Training Materials. Such modifications and additional terms and conditions shall be effective immediately and incorporated into these Terms and Conditions. Your continued use of the in-person training courses, e-learning courses, or Training Materials will be deemed your acceptance of such changed terms. The changes may be listed in an area accessible to you on the site or you may be notified by either e-mail or postal mail. If you have any questions regarding modified terms, please contact me at marciemuensterman@gmail.com.
Governing Law; Venue; Waiver of Jury Trial. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida (without giving effect to its laws of conflicts). The parties agree that any legal action or proceeding with respect to any of their respective obligations under these Terms and Conditions shall be brought exclusively in the County of Pasco, State of Florida. THE PARTIES HERETO HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO these Terms and Conditions.
Severability. If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions will remain in full force and effect.
Contact. If you have any questions about any of these Terms and Conditions, please contact me at marcie@thetraveladvisormarcie.com
By accepting these Terms and Conditions, either by clicking a box indicating your acceptance, executing a consulting agreement that references these Terms and Conditions (with a copy of these Terms and Conditions provided), or by using or accessing any portion of the Training Materials, you agree to be bound by these Terms and Conditions.
Purchase. In-person training courses and online e-learning courses can be purchased via www.thetraveladvisormarcie.com or via conversation with Marcie to determine a coaching program. When you submit a purchase request, Marcie will then confirm and approve your purchase request, invoice you through Stripe, together with information on starting your training if your request is accepted. You can also purchase the e-learning course directly on www.thetraveladvisormarcie.com by paying your invoice in full or through the agreed upon payment method and monthly payment plan.
Payment. Training fees for the e-learning courses can be paid when you purchase the e-learning courses via our website by credit card through a Stripe invoice. The total purchase price for the e-learning courses is due and fully earned and non-refundable immediately at the time of purchase, regardless of whether you are satisfied with or dislike the e-learning courses, complete the e-learning courses or Training Materials, or decide to discontinue your participation for any reason, including but not limited to dissatisfaction, the product not working for your business, change of mind, or personal preferences. When you purchase an e-learning course, you are agreeing to pay the full amount of the course.
If you elect to pay the full amount of an e-learning course upfront, you will be granted immediate access to the purchased e-learning courses and all related Training Materials.
As an alternative, you may elect to pay for the e-learning courses in the number of equal monthly installments as listed on the invoice, which creates a subscription payment plan for the number of months you choose. The payment plan option is solely for your payment convenience. You will be granted immediate conditional access to the purchased e-learning courses and all related Training Materials, subject to receipt of the remaining payments. By selecting the payment plan option, you agree that your obligation to pay the full amount is not contingent upon your satisfaction with the e-learning courses or Training Materials, its perceived value, or any other subjective criteria. Failure to make any installment payment by the due date will result in the remaining balance becoming immediately due and payable at the sole discretion of Marcie, and such amount shall become an outstanding debt, and Marcie reserves the right to pursue collection for the full outstanding amount, including any associated collection costs, as allowed by law. Marcie reserves the right to immediately revoke access without notice to any in-person training or e-learning courses and any Training Materials for failure to pay or upon initiation of a chargeback.
PLEASE NOTE: Canceling your enrollment, expressing dissatisfaction with the in-person training, e-learning courses or Training Materials, changing your mind or other similar reasons does not relieve you of your obligation to pay the full purchase price of the in-person training, e-learning courses and Training Materials. You agree to complete all installment payments regardless of your participation status, perceived value, or enjoyment of the in-person training, e-learning courses or Training Materials. In the event of non-payment or missed payments, we reserve the right to take any legally permissible actions to collect the outstanding balance, including but not limited to reporting the debt to credit agencies, pursuing legal action, or employing a collections agency.
Refund and Chargeback Policy. By purchasing any in-person training or e-learning courses from Marcie, you expressly agree that all payments made are FULLY EARNED AND DUE UPON PURCHASE and are NON-REFUNDABLE FOR ANY REASON, except in the event of Marcie's failure to deliver the purchased in-person training or e-learning courses.
You further agree not to initiate a chargeback or dispute through your payment processor or account bank for any reason, including, without limitation, dissatisfaction, change of mind, personal preference, or card not present. You may initiate a chargeback in the event that (1) you are the victim of actual fraud (meaning that someone other than you purchased an in-person training or e-learning course without your consent (express or implied) and you filed a police report evidencing such fraud and shared such police report with Marcie at marciemuensterman@gmail.com) and such amount is not refunded by Marcie within 10 days of the request, (2) you were charged the wrong amount or charged more than once for a single purchase and you emailed Marcie at marciemuensterman@gmail.com with a copy of your billing statement showing the error and the difference in such wrong amount or duplicated amount is not refunded Marcie within 10 days of the request, or (3) failure by Marcie to deliver the purchased in-person training, e-learning courses or Training Materials and you emailed Marcie at marciemuensterman@gmail.com explaining that you did not receive your in-person training, e-learning courses or Training Materials, as applicable, and Marcie fails to provide access to the relevant in-person training, e-learning courses or Training Materials within 10 days of the request. In the event that you initiate a chargeback in violation of these Terms and Conditions and the chargeback is accepted by the payment processor, you will still be responsible for the full amount of the purchase, which will become an outstanding debt.
Please note that the refund policy and chargeback policy are subject to the terms and conditions of the third-party payment processor used for processing your payment. Any refund or dispute initiated through a third-party processor may be governed by their specific refund and chargeback rules, which may limit our ability to process direct refunds or challenge chargebacks.
Cancellation or Reschedule by Marcie. Marcie reserves the right to cancel or reschedule any in-person training courses. In the event of a cancellation by Marcie due to unforeseen circumstances, a prorated refund may be provided subject to the sole discretion of Marcie.
Client’s Obligations.
You acknowledge that the in-person training and e-learning courses offered by Marcie are designed and intended exclusively for travel advisors operating in their professional capacity as service providers in the travel industry,
You acknowledge that these courses are business-to-business offerings and are not subject to consumer protection laws typically applicable to transactions made in a personal or individual capacity,
You acknowledge and agree that by purchasing the in-person training or e-learning courses, you are acting in your capacity as a travel advisor and not as a private consumer and that you are purchasing on behalf of your business and acknowledge that any rights associated with consumer transactions (e.g., right to withdraw, certain refund protections) do not apply,
You agree to pay the training fees in full or via the agreed upon monthly payment plan at the time of enrollment and in compliance with these Terms and Conditions,
You acknowledge that the purchase of the e-learning courses and Training Materials is for your sole use only and may not be shared, transferred, or resold to any third party, including another advisor, employee, independent contractor or affiliate in your travel business.
You may use the in-person training courses and e-learning courses and Training Materials solely for educational and informational purposes. Any reproduction, distribution, or unauthorized use of any Training Material is strictly prohibited and may result in legal action,
You may be invited to provide feedback regarding your experience with the in-person training courses and e-learning courses. By submitting your feedback, you grant Marcie your permission to use and publish the feedback for promotional purposes,
For online e-learning courses, You are responsible for ensuring that you have the necessary technical support, hardware, and software to access the e-learning courses and Training Materials,
You agree to be bound by Marcie’s refund, cancellation and chargeback policies outlined in these Terms and Conditions.
License. Subject to these Terms and Conditions and providing that you have paid all training fees in full, Marcie grants you, and only you, a limited, non-exclusive, non-transferable, and revocable license to access the Training Materials solely for educational purposes. Such license to access is considered “Lifetime” access or until the termination, liquidation or dissolution of Marcie (“Termination”). You must cease to access and use any e-learning course and Training Material provided by Marcie upon Termination and destroy all duplicates and copies from your system. Such license is not transferable at all times. Marcie reserves the right to discontinue any e-learning course and Training Material and terminate your access at any time for any reason. No refunds will be granted if the e-learning course or Training Material are discontinued. Marcie makes no guarantees about the ongoing availability of any e-learning course and Training Material. In the event that Marcie decides to discontinue any given e-learning course and Training Material, you will receive 10 days’ notice and an opportunity to download certain resources.
Ownership and Intellectual Property Rights. All Training Material (including the content, design, graphic, audio, and text), data, audiovisual content, files, documents, written information, or other content and information provided by Marcie to you shall at all times belong to Marcie. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all Training Material, documents, work product, and other materials shall be owned by Marcie. Provided that all training fees are paid in full, you are granted a non-exclusive, non-transferable, revocable license to access the Training Material. No Training Material may be copied, reproduced, uploaded, posted, displayed, or linked to in any way, in whole or in part, without Marcie’s prior written consent. Any such use is strictly prohibited and will constitute an infringement of Marcie’s intellectual property rights.
Availability. Marcie does not own the online course platform that hosts the e-learning courses and Training Materials. Your access may sometimes be subject to interruption or delay outside of our control. Due to the nature of the Internet and electronic communications, we do not make any representation or warranty that the e-learning courses, Training Materials or any associated resources or services will be error-free, without interruption or delay, or free from defects in design. We will not be liable to you should the online course platform or the resources or services supplied through the online course platform become unavailable, interrupted or delayed for any reason.
Breach and Remedy. You agree that the restrictions contained in these Terms and Conditions are necessary for the protection of Marcie’s business and goodwill, and are considered by you and Marcie to be reasonable for such purposes. You agree that any breach or threatened breach of these Terms and Conditions is likely to cause Marcie substantial and irrevocable harm which is difficult to measure and money damages might not be a sufficient remedy. Therefore, in the event of any such breach or threatened breach, in addition to monetary damages and other remedies available at law, Marcie shall be entitled to any profit made by you in breaching these Terms and Conditions and to seek specific performance and injunctive relief and other equitable relief, including reasonable attorneys’ fees, as remedies, and you agree to waive any requirement for the securing or posting of any bond or the showing of actual monetary damages in connection with such claim.
Limitation of Liability. To the fullest extent permitted by law, in no event shall Marcie or any of its members, managers, employees, agents, or representatives be liable to you or any third party for any loss, loss of use, revenue, or profit or for any consequential, incidental, indirect, or punitive damages relating to the provision of in-person training courses, e-learning courses or the Training Materials, regardless of whether such damages are foreseeable or whether Marcie has been advised of the possibility of such damages. Further, in no event shall Marcie’s aggregate liability arising out of or related to the in-person training courses, e-learning courses or the Training Materials, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed the aggregate amounts actually paid to Marcie by you or on your behalf. This limitation of liability is a material condition of our agreement, and you acknowledge that without such limitations, the prices charged for our services would be significantly higher.
Indemnification. You agree to indemnify, defend, and hold harmless Marcie and its members, managers, employees, agents, or representatives (“Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, that are incurred by Indemnified Party (collectively, “Losses”), arising out of or related to any claim alleging (1) breach of the consulting agreement or these Terms and Conditions by you, (2) any bodily injury, death of any person or damage to real and tangible property caused by the negligent action or omission of you, (3) failure by you to comply with any applicable law or regulation and (4) any acts or omissions by you in connection with the purchase or use of the in-person training courses, e-learning courses, or Training Materials, in each case, regardless of whether such claims arise from negligence of any Indemnified Party.
Confidentiality. Except as otherwise set forth in these Terms and Conditions, each party may disclose to the other party confidential information. “Confidential Information" is defined as all non-public, confidential, or proprietary information disclosed to each party (“Receiving Party”) by the disclosing party (“Disclosing Party”), whether disclosed orally or accessed in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as "confidential". Confidential Information also includes all code, inventions, know-how, technology, and any commercial terms of these Terms and Conditions. Except as expressly authorized by the Disclosing Party or required by applicable federal, state, or local law, the Receiving Party will (1) use reasonable efforts to prevent the disclosure of any Confidential Information to any third party; (2) protect and safeguard the confidentiality of all such Confidential Information; (3) not use the Confidential Information for any purpose other than providing the training contemplated by these Terms and Conditions; (4) promptly notify the Disclosing Party of any authorized disclosure of Confidential Information; and (5) fully cooperate with the Disclosing Party in any effort undertaken by the Disclosing Party to enforce its right related to any unauthorized disclosure.
General Provisions.
Entire Agreement. These Terms and Conditions, including and together with any related exhibits, schedules, and attachments if any constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
Assignment. While Client may not assign the right and obligation under these Terms and Conditions to any third party, Marcie may assign these Terms and Conditions to a third party, provided that such assignment shall not affect the provision of the agreed upon in-person training courses, e-learning courses or the Training Materials and Marcie is not relieved from its covenants and obligations under these Terms and Conditions.
No Waiver. No waiver by any party of any of the provisions of these Terms and Conditions shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise any right or remedy arising from these Terms and Conditions shall be construed as a waiver of any other right and remedy.
Relationship of the Parties. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have the authority to contract for or bind the other party in any manner whatsoever.
Survival. The provisions of these Terms and Conditions shall survive the termination of these Terms and Conditions to the extent necessary to effectuate the terms contained herein.
Dispute Resolution. In the event of any controversy or claim arising out of or relating to these Terms and Conditions, the parties hereto shall first consult and negotiate with each other in good faith for a period of 30 days in an attempt to reach a solution satisfactory to both parties. If the parties are unable to resolve the dispute through negotiation, they agree to proceed to mediation conducted in the County of Pasco, State of Florida in accordance with the Florida Rules of Civil Procedure. If mediation fails to resolve the dispute, either party shall have the right to initiate a lawsuit in a court of competent jurisdiction. Each party shall bear its own costs and expenses incurred in connection with the mediation and legal proceedings, but the mediator or court may award reasonable attorneys' fees to the prevailing party.
Force Majeure. Marcie shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms and Conditions for any failure or delay in fulfilling or performing any term of these Terms and Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Marcie 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.
Modifications. Marcie reserves the right at any time to modify these Terms and Conditions and to impose new or additional terms or conditions on your use of the in-person training courses, e-learning courses, or Training Materials. Such modifications and additional terms and conditions shall be effective immediately and incorporated into these Terms and Conditions. Your continued use of the in-person training courses, e-learning courses, or Training Materials will be deemed your acceptance of such changed terms. The changes may be listed in an area accessible to you on the site or you may be notified by either e-mail or postal mail. If you have any questions regarding modified terms, please contact me at marciemuensterman@gmail.com.
Governing Law; Venue; Waiver of Jury Trial. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida (without giving effect to its laws of conflicts). The parties agree that any legal action or proceeding with respect to any of their respective obligations under these Terms and Conditions shall be brought exclusively in the County of Pasco, State of Florida. THE PARTIES HERETO HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO these Terms and Conditions.
Severability. If any provision of these Terms and Conditions is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms and Conditions will remain in full force and effect.
Contact. If you have any questions about any of these Terms and Conditions, please contact me at marcie@thetraveladvisormarcie.com
