Terms of Purchase

Please READ carefully, as this pertains to the Agreement of your registration with any of the products sold (sometimes referred to as “Program”) by Communication Queens LLC. By purchasing our products, you (“Client") agree to be provided with services by Communication Queens LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

 

No.1 - Program

Communication Queens LLC agrees to provide course content identified as an online course aid, to help Clients market their business online using podcasts and PR. Client agrees to abide by all policies and procedures outlined in this Agreement as a condition of their participation in any of our programs.

Program

Parties agree that the Program is in the nature of the program is coaching and education. Company reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances. 

Done For You Agency Services

If Client has purchased the Done For You Agency services, please refer to the Term Limit below for additional Terms of Purchase Agreement. The 6-Month Term applies to both the month-to-month and quarterly payment plans. The 12-Month-Term applies to the annual payment.

•  6-Month Term Agreement of Purchase: https://www.communicationqueens.com/cqa-terms-of-purchase-6-month-term
•  12 Month Term Agreement of Purchase: https://www.communicationqueens.com/cqa-terms-of-purchase-12-month-term

 

NO.2 - FEES

Upon execution of this Agreement, Client agrees to pay to Company the full amount of the Fee. Client is responsible for the completion of all payment plans associated with products they purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.

Methods of Payment

We accept Visa, Mastercard, and American Express as a form of payment. If Client chooses to pay by monthly installments, he/she authorizes the monthly charge for the product on the Client’s credit card or debit card.

Currency

All transactions are made in USD. No adjustment for changes in foreign exchange rates will be made. Tax amount is determined by your province, city, state, and/or country.

Payment Schedule

Client agrees to pay fees to the Company according to the payment schedule set forth on Company’s website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”). The Fee is due every month on the same day as the original day of purchase for the Term of the agreed period.

Late Fees

Company shall charge a 10% (ten percent) first-week late fee with a 10% weekly increase every next week the fee is late on all outstanding balances not paid by the date or dates as agreed between the parties.

Payment Failure or Client Withdrawal

If Client fails to make payment in a timely manner in accordance with these Terms & Conditions or voluntarily decides to withdraw from our Programs, Products, or Services at any time or for any reason whatsoever, Client still will remain fully responsible for the full cost of the Programs, Products and/or Services.

Please note: If you opted for a payment plan, you are required by law to complete your payment plan. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.

 

No.3 - DISCLAIMER

Client accepts that she/he alone is entirely and solely responsible for his/her decisions, actions and results in life, and specifically to her/his progress and results from the Program/Services. Any forward-looking statements outlined by Company or in Company's Program and/or Sites are simply the opinion of Kimberly Spencer and Communication Queens LLC and are not guarantees or promises of actual performance. Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Client accepts and agrees that Company cannot control the Client’s responses to the provision of the services under this Agreement. Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all Clients will achieve the same or similar results.

Client understands Kimberly Spencer and Communication Queens LLC, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands their participation in this program will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.

The material should not be used as a substitute for professional medical treatment and/or diagnosis. Company encourages Client to always consult with a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Client agrees to be mindful of his/her own health and well being during the provision of any services and to seek appropriate medical treatment (including, but not limited to, psychotherapy) if needed. Client also agrees to be mindful of his/her own financial health and well being during the provision of any services and seek appropriate financial counsel (including, but not limited to, an accredited accountant, CPA, financial advisor, and/pr CFO) if needed.

Neither Company nor Company's partners, or any of their affiliates, assume any responsibility to research the accuracy, completeness, and usefulness of all opinions, services, and other information found on the site; nor will Company be liable for any direct, indirect, consequential, special, exemplary or other damages that may result from your use of the information found or material linked on the Site, including but not limited to economic loss, injury, illness, or death. By Client's use of the Site and participation and payment of Fees for the Program, Client agrees not to attempt to hold the Company liable for any such decisions, actions, or results, at any time, under any circumstances. Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.

Client understands that neither Kimberly Spencer, nor Company, has promised, nor shall be obligated to, the following:

(1) Success in business, results, and sales for the Client.

(2) Provide assistance, as either coach or mentor, with consultations for future business contracts made by Client.

(3) Introduce Client to Kimberly Spencer’s full network of contacts, media, or business partners. Client understands that a relationship does not exist between the Parties after the conclusion of this program.

 

No.4 - REFUNDS

We DO NOT offer refunds on our programs. If Company is unable to render a portion of the Program as agreed and no suitable rescheduling is able to be arranged, as solely determined by Communication Queens LLC, then a refund of that portion only of the Program will be made to the client.

Please note: If you opted for a payment plan, you are required by law to complete your payment plan. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.

 

No.5 - CONDITIONAL GUARANTEE

We only offer a 90-day Conditional Guarantee for the Communication Queens Course. All other courses or digital products have no conditional guarantees attached. We do not offer refunds.

To request consideration for the Guarantee, Clients are required to complete the course, attend any live sessions coaching calls (or watch the replays), and submit a Debrief from any of the strategies taught in Communication Queens.

All returns and refunds are discretionary as determined by Communication Queens LLC. If you have any questions, contact us at [email protected]

As mentioned above, all returns are discretionary. If you just downloaded the Training Material (PDFs, audios, videos, additional workbooks, and/or etc.), and then promptly asked for a return, we reserve the right to deny your request. Why? Because the point of the policy is to give people the chance to try the system, and if it doesn't work, they can get their money back. It wasn't designed to enable people to steal the Training Material.

 

NO.6 - CHARGEBACKS AND PAYMENT SECURITY

To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates agreed.

For Payment Plans

If Client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent.

For Subscriptions

Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Should Client cancel the credit card or should Client's credit card fail to process, Client will be subject to the terms of Fees and Payment Failure or Client Withdrawal.

Chargebacks + Credit Card Changes

Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.

 

No.7 - NO RESALE OR TRANSFER

Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This Agreement is not transferable or assignable without the Company’s prior written consent, where such consent may be withheld at the Company’s absolute discretion. 

 

NO.8 - DELIVERY

When Client purchases an electronic product or service from Company, Client are purchasing immediate and full access to the purchased product or service. 

Delivery of Agency Services are outlined in the additional Terms per the Service Term as outlined here:

•  6 Month Term: https://www.communicationqueens.com/cqa-terms-of-purchase-6-month-term
•  12-Month Term: https://www.communicationqueens.com/cqa-terms-of-purchase-12-month-term

The shipping of any physical goods is processed through a third party fulfillment center. We therefore make no promise of guaranteed (express or implied) as the time of your product delivery.

Your item will be prepared for shipping within three business days. Typical delivery time can range from five to seven business days, depending on the ship-to address and other variables.

 

NO.9 - INTELLECTUAL PROPERTY

Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and with a single-user, non-transferable, revocable license. Client agrees that he/she will not use any of the Company’s intellectual property, including without limitation the Company’s copyrighted and original materials, for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company.

This Site (www.communicationqueens.com) and all the materials contained, such as videos, coursework, lesson plans, training modules, photographs, systems, designs, wording, colors and graphics, software, sound recordings, text, graphics, images, and other material provided by or on behalf of of the Company (collectively referred to as the “Content”) are the property of the Company and/or our affiliates or licensors, and are protected under both United States and international copyright, trademark, and other intellectual property laws. For our site terms of use, please refer to it here.

All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied by the enrollment or by the payment of any fees.

 

NO.10 - LIMITATION OF LIABILITY

By enrolling in the Program and using Company’s services, Client releases Company, its officers, employees, directors, affiliates and related entities from any and all damages that may result from the provision of the services to the Client. Client agrees that he/she accepts any and all risks, foreseeable or nonforeseeable, arising from such services. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the provision of the services 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 Program. Client agrees that he/she uses Company’s services at Client’s own risk.

The Program is an educational/coaching service only.

In any event, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of:

•  The total fees Client paid to Company in the one month prior to the action giving rise to the liability; and
•  $1000.

All claims against Company must be lodged within 100 days of the date of the cause of action arising or otherwise the right of action is forfeited.

 

NO.11 PROGRAM RULES

To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to behave, at all times, courteously and respectfully, and in accord with our Terms of Site Use, Client agrees to abide by any Course rules and/or regulations presented by Company. The failure to abide by Course rules and regulations shall be a material breach of this Agreement and therefore sufficient cause for immediate termination of this Agreement by Company.

In the event of such termination, Client shall not be entitled to refund of any amounts paid and shall remain responsible for all outstanding amounts of the Fee.

 

NO.12 - CONFIDENTIALITY

The Company may have access to certain confidential and proprietary information belonging to the Client. "Confidential Information" means any information, whether written or oral, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances surrounding its disclosure. Confidential Information includes, without limitation, information related to the Client's business operations, financial condition, customer information, and personal affairs.

Company agrees to maintain the confidentiality of all Confidential Information received from Client during the course of the coaching relationship and to use such information only for the purpose of providing coaching services to Client. Throughout the Program, Company may make audio and video recordings may be made where Confidential Information is disclosed or revealed for the Client's learning and growth. These recordings will only be shared jointly between Company and the Client.

Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.

Company agrees to keep all information received from the Client confidential, except in the following circumstances:

(a) The information is generally known to the public, or is already in the Company’s possession prior to the commencement of the services;

(b) The Client gives explicit consent to disclose the information in writing, except as required by law or court order.; or

(c) Company believes, in their sole discretion, that disclosure of such information is necessary to prevent harm to the Client or others. In the event that the Company believes that the Client is a danger to themselves or others, including expressing suicidal ideations, the Coach reserves the right to disclose such information to a mental health professional or emergency services in order to help ensure the Client's safety. Company will make every effort to discuss this with the Client prior to taking any action.

Client acknowledges that any disclosure of Confidential Information may cause irreparable harm to Company and that Coach may seek injunctive relief or other legal remedies to protect its rights. Company shall take all reasonable precautions to prevent any unauthorized disclosure of Confidential Information.

This Confidentiality Clause survives the termination of the coaching relationship and remains in effect indefinitely.

Use of Course Materials

Client consents to audio and video recordings being made throughout the Program.

For information that is not classified as Confidential Information, Company reserves the right to use, at its sole discretion, course materials, video and audio recordings of courses, calls, live events, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client. Client consents to his/her name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further goods/services provided by Company, without compensation to the Client or need for further agreement by Client.

 

NO.13 - TERMINATION

In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. Company shall be allowed to immediately collect all sums due from Client and to terminate this Agreement without providing further services to Client. In the event that Client is in arrears of payments to Company, Client shall not be permitted to use or receive any of Company’s services or to participate in any Program.

Company reserves the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and Client's access to all or any part of the Site, at any time and for any reason without prior notice or liability. Company reserves the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.

 

NO.14 - DISPUTES

In the event that a dispute arises between the Parties then the Parties agree and accept that they will negotiate in good faith to settle such dispute and Parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.

Mediation

If, after a reasonable period of in-good-faith negotiation, the dispute is not settled then either party may commence further action with the help of a neutral, mutually agreed-upon mediator in the following location: Austin, Texas. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

JAMS

If mediation cannot resolve the Dispute, either Party may elect to finally and exclusively resolve the dispute by binding arbitration before a signal arbitrator with JAMS, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH A CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. Any Party may commence such arbitration by sending a written demand for arbitration to the other party. Such demand shall set forth the nature of the matter to be resolved by arbitration. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Austin, Texas. The Parties shall mutually select a neutral arbitrator with JAMS. If the Parties cannot agree upon an arbitrator, then one shall be settled by the applicable JAMS rules regarding the selection of an arbitrator. The substantive law of the State of Texas shall be applied by the arbitrator to the resolution of the dispute. All decisions of the arbitrator shall be final, binding, and conclusive on all parties. Judgement may be entered upon any such decision in accordance with applicable law in any court having jurisdiction thereof. Any court in Austin, Texas may enforce the arbitrator’s award. Company may litigate in court to seek injunctive relief.

The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party.

 

NO.15 - INDEMNIFICATION

Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, employees, subcontractors, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s 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 service(s), excluding, however, any such 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, employees, subcontractors, and successors.

Client shall defend Company in any legal actions or the like arising from or related to this Agreement where such action brought by a third party for or on behalf of Client. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates, employees, subcontractors, and successors shall not be held personally, individually or collectively, responsible or liable for any actions or representations of the Company.

 

NO.16- BINDING AGREEMENT

In the event of any conflict between the provisions contained in this Agreement and any materials used by Company, Company’s representatives, or employees, the provisions of this Agreement shall prevail.

This Agreement shall be binding upon and shall inure to the benefit of Company hereto and our respective assignees, successors, heirs, employees, partners, predecessors, members, officers, associates, affiliates, subsidiaries, shareholders, trusts, trustees, executors, transferees, directors, agents, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of the Company. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Company to any affiliated entity or any of its wholly owned subsidiaries.

 

NO.17 - GOVERNING LAW

This agreement and any action related thereto will be governed by the laws of the State of Texas without regard to its conflict of law provisions.

 

NO.18 - ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations, and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.

 

NO. 19 - SURVIVAL

The ownership, non-circumvention, dispute resolution, proprietary rights, and confidentiality provisions, and any provisions relating to the payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have to survive, shall survive the termination, for any reason, of this Agreement.

 

NO.20 - SEVERABILITY

If, for any reason, any provision of this Agreement is held by a court of competent jurisdiction to be unlawful, invalid, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The remainder of this Agreement shall nonetheless remain binding and in full force and effect.

Company’s failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision of this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

This Agreement constitutes the entire Agreement between Client and Company with regard to the subject matter contained herein, and supersedes and replaces all previous or contemporaneous agreements, whether written or oral, between the parties. Each of the Parties acknowledges that no Party or any representative of a Party has made any promise, written or oral, other than those promises set forth in this Agreement. Each of the Parties represents and warrants that his or her execution of this Agreement is free and voluntary.

 

NO. 21- MISCELLANEOUS

Upon execution by purchasing, clicking, "Submit" and/or "I agree" or emailing a statement of agreement, or signing below, or on the reverse of this document, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of this agreement.

A facsimile, electronic, or e-mailed executed copy or acceptance of this Agreement upon purchasing, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.

The descriptive section headings herein are inserted merely for the convenience of reference only and shall in no way be construed to define, limit, describe, explain, modify, amplify, or add to the interpretation, construction, or meaning of any provision of, or scope or intent of, and shall not be given any legal import.

This agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. 

No.22 - Earnings Disclaimer

 

EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT OUR PRODUCTS AND THEIR POTENTIAL.

EVEN THOUGH THE ONLINE INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES, TOOLS, STRATEGIES, PROCESSES, EXERCISES, RECOMMENDATIONS, OR 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 PRODUCTS, IDEAS, AND TECHNIQUES. WE DO NOT PURPORT ANY OF OUR PRODUCTS TO BE A “GET RICH 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 OUR PROGRAMS, IDEAS, AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE, AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO THE INDIVIDUAL, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.

MATERIALS IN OUR PRODUCTS AND ON OUR 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 ON ANY OF OUR SALES MATERIALS, ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS ARE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS, INCLUDING, BUT NOT LIMITED TO YOUR SKILL, EDUCATION, KNOWLEDGE, ABILITY, DEDICATION, AMBITION, HEALTH, NETWORK, AND FINANCIAL SITUATION, TO NAME A FEW. BECAUSE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM THE IDEAS AND TECHNIQUES IN OUR MATERIAL SIMILAR TO OURS OR THE TESTIMONIALS OF OUR CLIENTS.