Terms of Service
Please read the following Terms of Service carefully before purchasing and/or participating in any of our Programs, Products and Services.
Our coaching, consulting and/or education Programs, Products, and Services are owned and operated by Rabbi Eisenberger and Sweet Cherry Consulting, Inc., a New York corporation (the “Company” or “we”). The term “you” refers to the purchaser and/or participant of our Programs, Products, and Services (“Client” or “you”).
Use & Consent
The following Terms of Service for our Rabbi Eisenberger's Marriage System (the “Program”) are entered into by and between you and the Company.
By purchasing and/or participating in the Program, you agree to the terms and conditions set forth in these Terms of Service, including those incorporated by reference, and are legally bound by them, whether or not you have read them. We reserve the right to change these Terms of Service from time to time. If at any time you do not agree with these Terms of Service, immediately discontinue use of our Programs, Products and Services.
Privacy Policy, Terms & Conditions, and Disclaimer
Please review the Company’s Privacy Policy, Terms and Conditions, and Disclaimer before purchasing and/or participating in any of our Programs, Products and Services.
By purchasing and/or participating in the Program, you agree to abide by the Company’s Privacy Policy, Terms and Conditions and Disclaimer, incorporated by reference into these Terms of Service, whether or not you have read them, and you are required to act in accordance with them. In the event of a conflict between any of those terms and these Terms of Service, these Terms of Service shall govern.
Membership and Program Fees
Program. Under the terms of this Agreement, Rabbi Eisenberger agrees to provide marriage coaching services to YOU for eight weeks in the form of webinars, audio and/or visual presentations, and periodic personal coaching and evaluation (the “Program”) in exchange for a fee (the “Program Fee”), which will be determined below. Your access to the Program is conditional on Rabbi Eisenberger’s receipt of the Program Fee.
Term. This Agreement will commence upon YOUR acceptance of this Agreement and payment of the Program Fee. YOU agree and understand that upon commencement of this Agreement, you will become enrolled in the Program, which will conclude in eight weeks.
Termination. Rabbi Eisenberger may immediately terminate this Agreement at any time in its discretion upon written notice to YOU, which may be sent via email. Notwithstanding anything to the contrary herein or otherwise, the provisions of this Agreement concerning indemnification, non-disclosure, Confidential Information, Intellectual Property, disclaimer of warranties, and limitation of liability shall survive the termination of this Agreement.
Program Fee. By entering into this Agreement, YOU agree and understand that you are committing to pay us
Either:
- One (1) Payment of $9,000.oo
or
- Two (2) Monthly Payments of $5,000.oo
The Program Fee is for 8 weeks of access to the Program.
Promotional Material. By entering into this Agreement, YOU affirmatively agree and acknowledge that we may at any time reproduce and/or disseminate any testimonial describing or otherwise referencing, either directly or indirectly, YOUR experience in the Program, including any specific results experienced by YOU over the course of YOUR participation. YOU agree and acknowledge that this includes any written statements you may publish through social media accounts and online forums, as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event related to the Program. YOU further represent and warrant that any statements or testimonials that you make shall be correct, accurate, and truthful. Additionally, YOU irrevocably and permanently grant, assign and convey to US the right to use, broadcast, distribute, and exhibit in any form now or later developed, including publications for promotion on website entries and social media sites, YOUR name, likeness, image, photograph, voice, and video as related to and in conjunction with YOUR attendance of any Program event and/or participation in the Program (collectively “YOUR Materials”). YOU irrevocably and permanently waive any right to royalties or other compensation arising from or related to the use of YOUR Materials.
No Refunds
We abides by a strict no-refund policy . By entering into this Agreement, YOU agree and understand that you are permanently waiving the right seek or claim any refund of the Program Fee. YOU further acknowledge, represent, warrant and agree that, by entering into this Agreement, YOU are taking full responsibility for YOUR own success and therefore YOU will not request a refund.
YOU ARE RESPONSIBLE FOR THE FULL FEE REGARDLESS OF WHETHER YOU COMPLETE THE PROGRAM AND NO REFUNDS WILL BE PROVIDED.
Commitment to the Program. By entering into this Agreement, YOU commit and agree to faithfully execute all of the lessons, assignments, and course work in the Program to the best of YOUR ability. YOU further agree to attend all scheduled Q&A and coaching sessions included as part of the Program. YOU also acknowledge that creating results requires tremendous effort and that YOU are prepared and committed to faithfully make that effort.
Payment Terms and Credit Card Authorization
If you elect the payment plan, you hereby authorize us to automatically charge your debit or credit card as payment for the Program, according to the terms set forth herein, for which you will receive an electronic receipt. You further authorize us to provide your name, mailing address, and card information to third parties for purposes of payment processing.
In the event any payment due and owing is late, your participation in the Program will be suspended until payment is made. We charge a 2% (two percent) late penalty on all balances due that are not paid within seven (7) days. We reserve the right at our discretion to immediately terminate these Terms of Service and permanently revoke your access to all Programs, Products, and Services if your account is beyond seven (7) days overdue.
Since we have a clear and explicit Refund Policy in these Terms of Service that you have agreed to, we do not tolerate or accept any threat of chargeback or actual chargeback from your credit card company. Your agreement with us will automatically terminate upon such attempt to seek a chargeback from your credit card company. You will remain responsible for payment in full for the Program which you have purchased and/or participated in.
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 all three credit reporting agencies or 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.
We also reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collections agency, and we may exercise our right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collections agency.
Termination and Access Restriction
You may terminate your use of or participation in our Programs, Products, and Services at any time for any reason by sending an email to [email protected].
We reserve the right at our sole discretion to terminate these Terms of Service and restrict or revoke your access to the Program and any related Programs, Products and Services, in full or in part, with or without notice sent to the email address you provided upon purchase, (1) automatically at the conclusion of services rendered, (2) if you fail to make timely payments in accordance with these Terms of Service, (3) if you become disruptive or disrespectful to the Company or other Program participants, or (4) if you fail to follow the Program guidelines or otherwise violate these Terms of Service.
Upon termination of these Terms of Service by either of us, that shall immediately terminate any and all licenses granted to you for use of material to you under these Terms of Service and the Company’s Terms & Conditions. You shall not be entitled to a refund of any portion of the Fee and shall not be excused from any remaining payments under a payment plan in the event of such termination.
Confidentiality
We value your trust and respect your right to privacy. Please review our full Privacy Policy for how we handle your personal data and your rights around such information. We will not disclose your Confidential Information except as set forth in these Terms of Service or our Privacy Policy.
“Confidential Information” does not include information that (1) is or becomes available to the general public, (2) is already known to us before you disclose it, or (3) that we rightfully receive from a third party.
When you submit Confidential Information via our Programs, Products, or Services, we take measures to protect the security of your Confidential Information both online and offline. However, due to the nature of the Internet, we cannot completely warrant the security of your information transmitted to us online; therefore, submitting Confidential Information, data or other information online is done at your own risk.
As a condition of your participation in the Program, you agree to treat any information you learn about other group members as Confidential Information and agree not to disclose any such information outside the bounds of the Program to third parties without prior written consent of the disclosing party. Further, you understand that we cannot completely warrant the security of information you voluntarily share or post in a group forum; therefore, submitting Confidential Information, data or other information in a group forum is done at your own risk.
Intellectual Property
All content in our Programs, Products and Services and all Program Materials that we provide to you, whether or not they are eligible for copyright or other intellectual property right protection, are the property of the Company or its affiliates or licensors. All of our intellectual property, trade secrets and proprietary processes and procedures, are the property of the Company or its affiliates or licensors (collectively, “Materials”).
Our Programs, Products, Services and Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and this information is a valuable, special and unique asset of ours which needs to be protected from improper and unauthorized use.
As a condition of your participation in the Program, you agree to observe and abide by all copyright and other intellectual property protection. You understand and agree that all Materials provided to you are for your use only and you are not authorized to modify, share, copy, reprint, distribute, trade, sell, republish, create derivative works, or otherwise exploit the Materials, in whole or in part, for any commercial or non-commercial purpose, without our prior written consent.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our affiliates or 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.
If you make any changes, suggestions, enhancements or improvements (each, a “Change”) to any of our Materials and own the copyright to those Changes, you hereby assign to us, for no additional consideration, all of your rights, including copyrights, in all works prepared by you under these Terms of Service. You agree to promptly sign and deliver any documents and take any actions that we reasonably request to establish and perfect the rights assigned to us under this provision. If you are unable or unwilling to sign any further documents necessary to convey the rights set forth in these Terms of Service, you appoint us as your true and lawful attorney-in-fact with full power of substitution.
Disclaimers
We have made every effort to accurately represent the Programs, Products, and Services, but ultimately, we make no representations or guarantees regarding your progress and results. Because of the nature of our Programs, Products, and Services, the results experienced by clients vary significantly. You accept responsibility for this variance.
Personal Responsibility. We are committed to helping you achieve your goals, but you are solely responsible for your progress and results from the Programs, Products, and Services. You acknowledge and agree that there are no guarantees as to the specific outcome or results you can expect from our Programs, Products, and Services. We are not responsible for any decisions you make from the use or misuse of the information provided in our Programs, Products, and Services, or for any consequences of those decisions. You understand and agree that your use of the materials and information from the Program is entirely at your own risk and that our services are provided “as is” and “as available”.
Medical Disclaimer. Our Programs, Products, and Services do not constitute medical or mental health advice. You acknowledge that we have not and do not make any representations as to the physical, mental, emotional, spiritual or health benefits that may be derived as a result of your participation in our Programs, Products, and Services. You acknowledge that our Programs, Products, and Services are no substitute for medical or mental health treatment, and that you will seek medical or mental health services, if needed.
Rabbinical Disclaimer. Even though all our content is created by a rabbi, we do not make any warrantees about the completeness, reliability and accuracy of this information as it relates to Jewish law. Any action you take upon the materials and information from the Program is strictly at your own risk, and we will not be liable for any losses and damages in connection with your participation in our Programs, Products, and Services. You agree to rely on your own rabbinical advisors to determine how Jewish law relates to our Programs, Products, and Services.
Legal and Financial Disclaimer. Our Programs, Products, and Services do not constitute and cannot be relied upon as legal or financial advice. You acknowledge that our Programs, Products, and Services are no substitute for the professional advice of an accountant, lawyer or financial advisor. You agree to rely on your outside advisors for legal or financial issues related to our Programs, Products, and Services.
No Privilege. You further acknowledge that your general rights to privacy and the terms of confidentiality agreed upon herein are separate and distinct from the confidential nature of a psychotherapeutic relationship or a clergy-penitent relationship. The Program does not create a psychotherapeutic relationship or a clergy-penitent relationship. Unlike the psychotherapist-patient privilege or the clergy-penitent privilege, there is no legally recognized coach-client privilege established by our coaching relationship.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLES, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
We will not be liable for any type of damages, including direct, indirect, special, incidental, equitable or consequential loss or damages, for your reliance on our Services or participation in the Program, or for your own personal emergencies, legal situations, theft or loss of belongings or luggage, or any food, travel, or use of the Hotel premises during or outside of the provided Program Activities, at any time now or in the future, with the exception of gross negligence by us or otherwise provided by law.
You release us, our directors, employees, associates, affiliates, joint venture partners, agents, attorneys and other representatives, independent contractors and related entities, as well as any predecessors and successors (collectively hereinafter, “us” or “we”), from any and all risks or loss, foreseeable or unforeseeable, arising out of any transaction between us.
If we are found liable for any damages resulting or arising from your use or misuse of the Services, our liability is limited to the amount of the Fees paid by you to us during the six (6) month period preceding the date on which the cause of action arose.
Force Majeure
We are always committed to delivering our Services to the fullest extent possible. We are not liable for the inability to deliver our Services or Programs due to force majeure, a natural disaster or other act of God or any foreseen/unforeseen human-initiated event or circumstance, health or travel restrictions, quarantines or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or any other act or circumstance outside of our control.
Indemnification
You agree to indemnify us and hold us harmless and directors, employees, associates, affiliates, joint venture partners, agents, attorneys and other representatives, independent contractors and related entities, as well as any predecessors and successors (collectively hereinafter, “us” or “we”), from and against any and all claims, demands, causes of action, judgments, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, “Loss”) arising out of or incident to, either directly or indirectly, (1) any act or omission arising out of this Agreement, and (2) your gross negligence or willful misconduct. We will retain control over the defense of, and any resolution or settlement relating to, such Loss. You will cooperate with us and will provide reasonable assistance in defending any such claim.
Mediation & Arbitration
We will attempt to resolve any dispute in connection with this Agreement on an amicable basis, through our prompt, good faith discussions and non-binding mediation, the cost of which will be split equally and each party shall be responsible for their own attorney’s fees, if any. A mutually agreed upon third party mediator will administer the mediation. Any dispute that we cannot resolve ourselves will be determined by final and binding arbitration in New York, New York, before a sole arbitrator, selected jointly, who will award attorneys’ fees and other costs to the substantially prevailing party. JAMS will administer the arbitration. The arbitration award will be in writing and will specify the factual and legal bases for the award. Judgment on the award may be entered in any court having jurisdiction. Notwithstanding anything in this Agreement to the contrary, if either party initiates arbitration before mediation, that party will be responsible for the other party’s attorneys’ fees and costs of arbitration.
Applicable Law & Severability
These Terms of Service will be governed by New York law, without regard to principles of conflicts of law. If any part of these Terms of Service is invalid or unenforceable or in conflict with the law of any controlling jurisdiction, that provision will be severed from these Terms of Service and the validity of the remaining provisions will not be affected. You may not transfer or assign these Terms of Service without our prior written consent.
Conclusion
These Terms of Service contain all the terms of our relationship and constitutes the entire agreement between us. These Terms of Service are not subject to any oral agreements or understandings, and they can be modified only by written agreement signed by both of us. The waiver by either party of a breach or violation of any provision of these Terms of Service does not constitute a waiver of any subsequent or other breach or violation.
Effective Date
This Agreement shall commence and be enforceable with respect to the Program upon the date that you initially purchase and/or enroll in the Program.
If you have any questions about these Terms of Service, please contact us by email at [email protected].
Please review this Agreement carefully and let us know if you have any questions. Otherwise, click to agree to this Agreement so that we can get started. We look forward to working with you!