PART ONE — GENERAL TERMS OF USE
Laura Kirk Marketing programs, products and services including but not limited to LKMG Growth Lab, Wix Core Plans, and any other services, plans, programs or offers made available by Company are owned and operated by Sky Blue Agency, LLC dba Laura Kirk Marketing (“Company,” “We,” “Us”). The purchaser or user of any product, service or program is referred to as “Client” or “you.”

By using any of our programs, products or services you are agreeing to the Terms of Use as they appear and are legally bound by them.

Disclaimer
Client understands Company is not an employee, agent, legal professional, manager, public relations or business manager, financial analyst or accountant. Client understands that Company has not promised, shall not be obligated to and will not: (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counselling or behavioural therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Company's full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.

Fees
Fees for LKMG Growth Lab, Wix Core Plans, and any other services, plans, or offers made available by Company are set out at the time of purchase or enrollment, on Company's website, or in the applicable plan description. Pricing may vary by plan tier and by the date of purchase. Specific current pricing for LKMG Growth Lab and Wix Core Plans is set out in Parts Two and Three of these Terms.

Methods of Payment
Payment is made by credit card, debit card, or ACH, as applicable to the specific program, service or plan. Some offerings bill on a recurring monthly basis; others may be billed as a one-time fee or on a payment plan. The applicable billing method and schedule will be shown at the time of purchase or enrollment.

Warranties Disclaimer
We make no warranties or refunds as to our programs, services or products, including LKMG Growth Lab, Wix Core Plans, and any other services, plans, or offers made available by Company. You agree that programs, services and products are provided “as is” and without warranty of any kind, express or implied. All sales are final.

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Confidentiality
The Company respects Client's privacy and insists that Client respects the Company's and Program Participants' (“Participants”) privacy. Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Participants during the Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use their best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company's publicity or privacy rights. Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company's direct or indirect dealings with Client, including but not limited to names, email addresses, third-party company titles or positions, phone numbers or addresses. Company will not, at any time, either directly or indirectly, disclose confidential information to any third party. By purchasing a product, program or service, you agree that if you violate or display any likelihood of violating this section, the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

No Transfer of Intellectual Property
Company's program is copyrighted and original materials provided to Client are for Client's individual use only and a single-user license. Client is not authorized to use any of Company's intellectual property for Client's business purposes. All intellectual property, including Company's copyrighted program 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, Client 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) not to disclose such information to any other person or use it in any manner other than in discussion with the Company. If Client violates, or displays any likelihood of violating, any of the agreements 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.

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Client Responsibility
Programs are developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees, verbally or in writing. Client understands that results experienced by each client may vary significantly. Client acknowledges that, as with any business endeavor, there is an inherent risk of loss of capital and no guarantee that Client will reach their goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any program materials.

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Independent Contractor Status

Nothing in this Agreement is to be construed as creating a partnership, venture, alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.

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Force Majeure

In the event that any cause beyond the reasonable control of either Party — including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance — makes it inadvisable, illegal, or impossible, either because of unreasonably increased costs or risk of injury, for Company to perform its obligations under this Agreement, Company's performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

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Severability / Waiver

If any provision of this Agreement is held 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.

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Miscellaneous — Limitation of Liability

Client agrees they use Company's services at their own risk and that the Program, Product or Service is an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, guides, staff, Participants, and related entities, as well as the venue where the Programs are held (if applicable) and any of its owners, executives, agents, or staff (“Releasees”), from any and all damages that may result from any claims arising from any agreements, actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to, direct, indirect, incidental, special, negligent, consequential, or exemplary damages arising from the use or misuse of Company's services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.

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Non-Disparagement

The Parties agree and accept that the only venue for resolving a dispute shall be the venue set forth below. The parties agree that they will not engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client's associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing) any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owners, directors, officers, affiliates, subsidiaries, employees, agents or representatives.

 

Assignment

Client may not assign this Agreement without the express written consent of Company.

 

Modification

Company may modify the terms of this agreement at any time. All modifications shall be posted on the Company's website and purchasers shall be notified.

 

Termination

Company is committed to providing all clients in any Program, Product or Service with a positive experience. By purchasing or using any program, product or service, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client's participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, fails to follow the program, product or service guidelines, is difficult to work with, impairs the participation of other participants in the Program, or violates the terms as determined by Company. Client will still be liable to pay the total contract amount.

 

Indemnification

Client shall defend, indemnify, and hold harmless Company, Company's officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expenses whatsoever — including without limitation claims, damages, judgments, awards, settlements, investigations, costs, attorneys' fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company's shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of payment for the right to participate in Company's Programs, the undersigned, and their heirs, executors, administrators, successors and assigns, do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns, and any training instructors, guides, staff or students taking part in the training in any way, as well as the venue where the Programs are held (if applicable) and any of its owners, executives, agents, or staff (“Releasees”), of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from participation in the Programs.

 

Resolution of Disputes

If a dispute arises out of this Agreement that cannot be resolved by mutual consent, you agree to attempt to mediate in good faith for up to 30 days after notice is given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney's fees and court costs from the other party.

 

Covenant Not to Sue

Client agrees never to institute any action or suit at law or in equity against Company, or to prosecute or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages, costs, loss of services, expenses, or compensation for or on account of any damage, loss or injury either to person or property, or both, whether developed or undeveloped, resulting from or to result, known or unknown, past, present or future, arising out of our relationship.

 

Notices

Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by email: hello@laurakirkmarketing.com. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, and supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter.

 

Earnings Disclaimer

Every effort has been made to accurately represent this product and its potential. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich quick scheme.” Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level, nor are we responsible for any of your actions. Materials in our products, services and website may contain information that includes or is based upon forward-looking statements within the meaning of the Securities Litigation Reform Act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward-looking statements here or in any of our sales materials are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results, and no guarantees are made that you will achieve results similar to ours or anybody else's; in fact, no guarantees are made that you will achieve any results from our ideas and techniques in our material.

 

Duty to Read

I accept that under this agreement I have a duty to read this sales agreement and disclosure policy, and have done so. I understand and accept that I am precluded from using lack of reading as a defense against all remedies contained herein.

 

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