OVERVIEW

The terms “we,” “us,” and “our” refer to Susan DeFreitas, LLC The term the “Site” refers to www.susandefreitas.com and/or www.workshopsagainstempire.com. The terms “Client,” “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. The term “Services” refers to book coaching and/or editing services in the form of 1:1 coaching and/or courses, and content on the Site. Susan DeFreitas, LLC may be contacted at [email protected].

Use of this Site including all materials presented herein and all online services provided by Susan DeFreitas, LLC is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Services, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

REFUND POLICY

Susan DeFreitas, LLC does not offer refunds or exchanges for any services sold through Stripe, Inc., our payment processor.

Susan DeFreitas, LLC FULFILLMENT POLICY FOR PAYMENTS VIA Stripe, Inc.

These policies will aid users determine how Susan DeFreitas, LLC fulfills orders and payments made via the payment processor Stripe, Inc.

FULFILLMENT POLICY

At Susan DeFreitas, LLC, we do our very best to ensure that the services and products we provide meet—and exceed—client expectations. That said, a client’s dissatisfaction with the feedback they receive via coaching, or the content of our courses, does not constitute grounds for a refund—only a lack of fulfillment of the services themselves, or lack of access to the courses, despite the client’s efforts to resolve these issues with our customer support, constitutes grounds for a refund.

This Fulfillment Policy (the “Policy”) informs you about our delivery policy and the rules and guidelines relating to the refunds for services purchased from our Company. Please read this Policy carefully to understand your rights and also understand the requirements for the refund. Our services are billed in U.S. Dollars.

DELIVERY POLICY

At Susan DeFreitas, LLC, we sell book coaching and/or editing services in the form of 1:1 coaching and/or courses. We deliver our services to clients via electronic and telephonic means pursuant to our client’s requests. For course purchases, the Client will have one (1) year from the date of purchase to access any course or bundle materials. After a period of one (1) year has passed, access to any course or bundle materials will be removed.

REFUNDS

In order to receive a refund on services or courses from Susan DeFreitas, LLC, you must provide documentation that you A) scheduled your coaching deadlines and calls within the time frame of your coaching contract and submitted your materials on time, but did not receive coaching on these materials as contracted, or B) are unable to access the courses you purchased, despite working with customer support to resolve this issue.

RETURN POLICY

At Susan DeFreitas, LLC, we sell book coaching and/or editing services in the form of 1:1 coaching and/or courses. No returns can be made but in some circumstances we offer refunds. Our refund policy has been explained above.

REVOCATION OF ACCESS

You have the unilateral right to terminate your use and access to any of the aforementioned courses, packages, or coaching however your unilateral termination will not excuse you of further payment. If you have violated any of the terms stated herein, Susan DeFreitas, LLC reserves the right to revoke access to the courses, bundles, or coaching programs immediately.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Information provided on the Site and in the Services and other information are subject to change. Susan DeFreitas, LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Susan DeFreitas, LLC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

LEGAL DISCLAIMER

Every effort has been made to accurately represent our services and their potential. The testimonials and examples used don’t apply to the average client, and are not intended to represent or guarantee that anyone will achieve the same or similar results. In fact, no guarantees are made that you will achieve results from our ideas and techniques in our material. Each individual’s success depends on his or her background, dedication, desire, and motivation. As with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that you will earn any money.

CANCELLATION POLICY

Any agreement signed by a Client shall commence as of the Effective Date, and remains in effect through the agreed upon period (the “Term”).

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

CREDIT CARD CHARGEBACKS

You understand and agree that in the event that you initiate a chargeback and/or merchant dispute with your issuing bank for any services from Susan DeFreitas, LLC that you have in fact received and owe payment for, and you are successful in recovering the disputed funds that would otherwise be owed to us, we will make every effort to provide documentation to the issuing bank that you did receive delivery of your products /services including this Chargeback Policy, as well as our Refund Policy. Further we reserve the right to issue you an invoice for any and all services that Susan DeFreitas, LLC has sold and delivered to you. You hereby agree to pay the full invoice in the event that a chargeback dispute is initiated. Should you ultimately fail to make appropriate payment, we reserve the right to pursue any and all available legal and equitable remedies available by law.

SERVICES DESCRIPTION

We endeavor to describe and display the Services as accurately as possible. While we try to be as clear as possible in explaining the Services, please do not accept that the Site is entirely accurate, current, or error-free. No guarantees are made about the results customers may experience. Results may vary between individuals.

MATERIAL YOU SUBMIT TO THE SITE

You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

We claim no intellectual property rights over the material you supply to Susan DeFreitas, LLC. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Susan DeFreitas, LLC remains yours to the extent that you have any legal claims therein. You agree to hold Susan DeFreitas, LLC 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 submitting material on the Site (e.g., comments on blog posts), you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes. We will never share the work you submit in the course of your coaching contract outside our organization and will share it within the organization only as necessary for administrative purposes.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Susan DeFreitas, LLC, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

FORCE MAJEURE

Susan DeFreitas, LLC shall not be liable for delay or failure in the performance of its obligations under this Agreement if such delay or failure is caused by conditions beyond its reasonable control, including but not limited to, fire, flood, inclement weather, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God, terrorism, civil commotion, or labor disputes.

CONFIDENTIALITY

Users of our Sites hereby understand that the tools, processes, strategies, materials and information presented on our Sites are copyrighted and proprietary, so users agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and Promoter will pursue legal action and full damages if these terms are violated in order to protect its rights.

Any information that the Client shares with us is considered confidential (“Confidential Information”). We agree not to disclose or make use of any Confidential Information, directly or indirectly, except for the sole benefit of Client, as necessary to perform the Services, without Client’s written consent. We will not disclose Client’s name as a reference without Client’s written consent. We shall not directly or indirectly disclose or make use of any Confidential Information after the term of this Agreement for any reason. We will use reasonable care in handling Client’s Confidential Information so that it does not enter the public domain. We will return all Confidential Information to Client upon termination of this Agreement.

Client acknowledges that the working relationship is not considered a legally confidential relationship (like the medical and legal professions) and communications between us and the Client are not subject to the protection of any legally recognized privilege.

We may disclose Confidential Information to the extent that: (i) it becomes publicly available or known by no fault of Susan DeFreitas, LLC; (ii) Client grants permission for such disclosure in writing; (iii) Susan DeFreitas, LLC obtains the information from a third party, without breach of any obligation to the Client; (iv) disclosure is required by any court or government agency; (v) Susan DeFreitas, LLC reasonably believes that there is an imminent or likely risk of danger or harm to the Client or others; or (vi) it involves illegal activity.

CHANGED TERMS

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

THIRD PARTY RESOURCES

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Susan DeFreitas, LLC. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

Client, at Client’s expense, shall release, indemnify and hold Susan DeFreitas, LLC and its directors, officers, shareholders, employees and agents, and the personal representatives and assigns of each, harmless from and against and all claims, suits, liability, cost and expenses, including without limitation, reasonable attorneys’ fees and expenses, in connection with any act or omission of Susan DeFreitas, LLC in providing the Services and/or arising out of any Work Product, unless due to negligence of the Susan DeFreitas, LLC.

PUBLICITY

Client agrees that Susan DeFreitas, LLC may use the Client’s name, logo, and/or image (but not contact information or personal information) in Susan DeFreitas, LLC’s advertising or promotional literature and may publish articles, blog posts or other advertising and promotional material relating to the Client and the Services. Client releases Susan DeFreitas, LLC from any and all liability, including but not limited to infringement of any right to privacy or right to publicity, relating to or arising out of publicity of Client’s name, logo, and/or image as permitted in this section. Nothing in this section releases Susan DeFreitas, LLC from the confidentiality requirements of this Agreement.

LIMITATION OF LIABILITY

Except as expressly provided in this Agreement, Susan DeFreitas, LLC makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Services. In no event shall Susan DeFreitas, LLC be liable to Client for any indirect, consequential or special damages. Susan DeFreitas, LLC’s entire liability for any breach of this Agreement, and Client’s sole remedy, shall be limited to the lesser of the total Contract Price or the amount actually paid by Client to Susan DeFreitas, LLC under this Agreement.

WAIVER

The waiver by either Party of a breach or default of any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach or default of the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default.

SEVERABILITY

If any provision or portion of these Terms and Conditions are held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect, and the invalid provision or part shall be deleted as narrowly as possible to render this Agreement valid and enforceable. If the scope of any provision of this Agreement is determined to be too broad to permit enforcement to its maximum extent, such provision shall be enforced to the maximum extent permitted by law.

GOVERNING LAW

This Agreement will be governed by and interpreted in accordance with the laws of the State of New Mexico, without giving effect to its principles of conflicts of law.

ENTIRE TERMS AND CONDITIONS

These Terms and Conditions shall be deemed to express, embody and supersede all previous statements, promises, inducements, understandings, agreements, or commitments, whether written or oral, between the parties with respect to the subject matter hereof and to fully and finally set forth the entire agreement between the parties. No previous statement, promise, inducement, understanding, or agreement made by any party hereto that is not contained herein
shall be binding or valid.

NOTICES

All notices shall be in writing and deemed effective when received by either electronic mail or paper mail at the address of the party to be notified provided in the contact section below. Either party may change the address to which notices are to be sent by providing written notice to the other party as provided for in this section.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

NO INSURANCE

As Susan DeFreitas, LLC is an independent Contractor, Client will not be required to provide Susan DeFreitas, LLC with any employee, individual or group insurance policy or any other kind of insurance coverage including, but not limited to, workers compensation, general or public liability, or errors and omissions insurance.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

ASSIGNMENT

Neither Party may assign, transfer, subcontract or delegate any right or obligation under these Terms and Conditions without the prior written consent of the other party.

PRIVACY POLICY

This Privacy Policy represents how our company handles personal and other data, what we do with it. Your visit to and use of www.susandefreitas.com and/or www.workshopsagainstempire.com
means you are consenting to our Privacy Policy terms. Our company, Susan DeFreitas, LLC, aims to protect your personal information and data.

The purpose of this Privacy Policy is to describe how we collect data, what data we collect, and how we use that data. If you read our Privacy Policy and disagree with any terms in it, then please refrain from using our business site at www.susandefreitas.com and/or www.workshopsagainstempire.com.

This privacy policy applies to all the information collected through your use of our Website and services and other third-party tools. By using our Website and/or services, or by clicking “Agree” or “Accept” to the Terms of Use when this option is explicitly made available to you, you acknowledge, accept and agree to be bound by the Privacy Policy terms and to abide by them.

What information do we collect?

When you visit us at www.susandefreitas.com and/or www.workshopsagainstempire.com, you provide us with certain data and personal information that we collect to be able to serve you better. The data that is collected during this is necessary for us to be able to give you access to your Services, to keep track of how the business is run for functionality purposes, to provide you with excellent customer service. We generally collect information such as first name, last name (optional), email address, and date of form submitted.

How to make a complaint

If you are dissatisfied with the service provided to you and you are eligible for a refund under these Terms and Conditions, you must send an email to [email protected] stating your complaints and we will immediately verify your complaints.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email at [email protected] or by mail using the details provided below: 24 Abanico Rd., Santa Fe, NM 87508.