INSIGHT SOLUTIONS TERMS OF SERVICE
By purchasing a product or service, the following Terms and Conditions are entered into by Insight Solutions LLC (“Company”, “we”, or “us”) and You (“Client” or “You”) agree to the follow terms stated herein.
Insight Solutions (herein referred to as “Insight Solutions” or “Company”) agrees to provide coaching, human resource consulting, leadership services, and online courses (herein referred to as “Program/Service”) identified in online commerce transactions. As a condition of participating in the Program/Service, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference. The Program/Service is not available to individuals under the age of 13.
From time to time, the Company will offer bonuses to individuals who sign up for the Program/Service. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year.
Client understands Debi Douma-Herren (herein referred to as “Owner”) and Insight Solutions, is not an agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Owner 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 counseling or behavioral 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 Owner’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.
In the event that any payment is not made, the Company shall immediately suspend your access to the Program/Service.
METHODS OF PAYMENT
If You elect for the Program/Service, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.
Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your Program/Service access will be removed.
If you do not request a refund within the terms of the Program/Service with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program/Service, you hereby agree to respect the privacy of other Program/Service participants and to respect the Company’s confidential information.
NO TRANSFER OF INTELLECTUAL PROPERTY
All content included as part of the Program/Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program/Service, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program/Services are the trademarks of their respective owners.
Your participation in the Program/Service does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program/Service, You agree to observe and abide by all copyright and other intellectual property protection.
The Company content is not for resale. Your participation in the Program/Service does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our 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. To be clear, if you violate the Company’s intellectual property rights, your access to the Program/Service will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program/Service, you hereby agree to the Company’s confidential information.
The content of the Program/Service contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program/Service, which provides education and information.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program/Service and/or any information and resources contained in the Program/Service. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program/Service.
The information, software, products, and service included or available through the Program/Service may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program/Service. The Company and/or its suppliers may make improvements and/or changes in the Program/Service at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program/Service for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program/Service, with the delay or inability to use the Program/Service, the provision of or failure to provide services, or for any information, software, products, and related graphics obtained through the Program/Service, or otherwise arising out of the use of the Program/Service, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program/Service or any portion of it, your sole and exclusive remedy is to discontinue using the Program/Service. for errors or omissions that may appear in any of the program materials.
Client may not assign this Agreement without express written consent of Company.
Company may modify terms of this agreement at any time. All modifications shall be posted on the Insight Solutions website and customers shall be notified.
The Company reserves the right, in its sole discretion, to terminate your access to the Program/Service and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program/Service participants, if You fail to follow the Program/Service guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
You agree to indemnify, defend, and hold harmless the Company, its owners, employees, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program/Service and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
RESOLUTION OF DISPUTES
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program/Service. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Le Mars, Iowa.
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
© Insight Solutions
Last updated: March 11, 2021