Antonette Montalvo Consulting and Coaching Services (herein referred to as “Company”) agrees to provide the Visionary Nurse®: Visionary Leadership & Resilience E-course (the “Course”) to the undersigned party (the “Participant”) as further described in the Course description. As a condition to participation in the Course, Participant agrees to abide by all terms outlined in this agreement. 

 

DISCLAIMER Neither the Company nor its agent, Antonette Montalvo, are the Participant’s clinician, therapist, public relations manager or business manager. There is no guarantee that Participant will earn any money using the techniques, ideas and materials presented in the Course. Participant understands that a business relationship does not exist between the parties after the conclusion of the Course. If the parties choose to continue their relationship, a separate agreement will be entered into.

PARTICIPANT RESPONSIBILITY The Course is developed for strictly informational purposes. Participant accepts and agrees that Participant is 100% responsible for his or her progress and results from the Course. Company makes no representations, warranties or guarantees verbally or in writing as to results. Participant understands that because of the nature of the service, the results experienced by each Participant may significantly vary. Participant acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Participant will reach his or her goals as a result of participation in the Course.

FEES All payments must be paid electronically to Antonette Montalvo Consulting and Coaching Services through the electronic invoice sent by www.visionarynurse.com.

REFUND POLICY We have so much confidence in our ability to help you unlock your potential that all sales are final upon payment. However, if in the event you decide the Course did not meet your expectations, the Consultant is willing to reasonably remediate the situation with the Participant, within a appropriate timeframe (no less than 1 day, no more than 28 days), based upon written and agreed upon reasonable measures, determined mutually by both the Consultant and Participant. Company reserves the right to deny remediation if in its sole discretion, Company believes that Participant intends to appropriate the Course materials for its own purposes without paying fees.

​

NO TRANSFER OF INTELLECTUAL PROPERTY

Company’s original materials that will be provided to Participant in connection with the Course are for Participant’s individual use only and represent a single-user license. Participant is not authorized to use any of Company’s intellectual property for Participant’s business purposes. All intellectual property, including Company’s copyrighted service and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Participant agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Participant agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, Participant agrees that if Participant violates, or displays any likelihood of violating, any of Participant’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

 

SEVERABILITY AND WAIVER

If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

 

LIMITATION OF LIABILITY

Participant agrees to assume all risk in the use of Company’s services and that the Course is merely an educational service. Participant releases Company, its officers, employees, directors, subsidiaries, principals, agents, administrators, successors, assigns, instructors, guides, staff and related entities from any and all damages that may result from any claims arising from this Agreement, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Course. Participant accepts any and all risks, foreseeable or unforeseeable. Participant agrees that Company will not be held liable for any damages of any kind resulting or arising from the Course including but not limited to: direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Course. Company assumes no responsibility for errors or omissions that may appear in any of the service materials.

 

INDEMNIFICATION AND RELEASE

Company and Participant each agree to and do hereby assume responsibility for its own acts or omissions which may give rise to any claim arising out of this Agreement. Additionally, each party shall indemnify and hold harmless the other party, including its officers, directors, employees and agents, against any losses, damages, or expenses (including, without limitation, reasonable attorneys’ fees) arising from any claim, suit or proceeding brought by a third party against the other party and arising out of the indemnifying party’s (i) gross negligence, willful misconduct or fraud; or (ii) failure to comply with any applicable law. Further, in consideration of Company’s provision of the Course, Participant does hereby release, acquit and forever discharge Company from any and all causes of action, claims, demands, suits at law or in equity in connection with this Agreement.

 

DUTY TO READ

I accept that under this agreement, I have a duty to read and understand these terms of participation policy, and I have done so and agree to the terms of this online course.