This Terms of Sale Agreement is a legally binding contract by and between Honestly ADHD, LLC (“Honestly ADHD,” “We” and “Our”) having a principal place of business in Chanhassen, MN and the Purchaser of one or more courses from The Honestly ADHD Parenting Academy (“You,” and “Your”).
You understands that you can contact Erin Koerselman at [email protected] to answer any questions or to explain this Agreement and the Refund Policy.
The period of this Agreement begins on the date of purchase of the Honestly ADHD Parenting Academy.
You understand that You are responsible for paying Honestly ADHD in full for any and all courses purchased from the Honestly ADHD Parenting Academy (the “Program”). You may lose access to the Program if payments are missed or full payment is not completed by the due date.
You shall: (i) pay Honestly ADHD at the current standard rates, and (ii) pay Honestly ADHD either in full upon purchase or in monthly installments as designated by You on the date of purchase. Honestly ADHD reserves the right to place services on hold and/or terminate Your access to the Program in the event You fail to make payment when due. If payment ceases for a period of 30 days past the due date, this Agreement will be cancelled and You will be required to pay the full amount due.
Your credit/debit card details are not handled by Honestly ADHD. All payment and all credit card handling is through a third-party vendor such as Stripe and/or Paypal. Authority for payment must be given at the time of placing Your order, and terms and conditions required by such third-party vendor apply.
The Fee for the Program includes one-time payment and payment plan options, the amounts of which are set forth on the site as of the date of purchase.
If You choose a Payment Plan option, You are responsible for all payments.
PLEASE NOTE: This is not a monthly membership program with the option to cancel further monthly payments. The Payment Plan options are simply the opportunity to split Your full payment up over a period of designated months.
METHODS OF PAYMENT
If You elect to pay in full or by monthly installments, You authorize Honestly ADHD and/or its third-party vendor to charge Your credit card.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep Your account current, complete, and accurate, and must promptly contact Honestly ADHD if Your credit card is lost or stolen, or if You become aware of a potential breach of account security (such as an unauthorized disclosure or use of their Sign-In Name or Password).You hereby authorize Honestly ADHD to obtain or determine updated or replacement expiration dates for Your credit card in the event that the credit card You provided Us expires. We reserve the right to charge any renewal card issued to You to the same extent as the expired card. If payment is not received from Your credit card issuer You hereby agree to pay all amounts due upon demand.
You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of Your credit card may charge You a foreign transaction fee or related charges, which You will be responsible to pay. You are advised to check with Your bank and credit card issuer for details.
Honestly ADHD wants You to be satisfied with Your purchase but We also want You to give Your best effort to apply all the strategies in the Program. We offer a 30-day refund period for purchases for which You may qualify. To qualify for a refund You must submit a request for refund AND proof that You attempted the work in the Program.
In the event that You decide Your purchase was not the right decision, within 30-days of the Program’s start date (by 11:49 PM CST on the 30th day), contact Our support team at [email protected] and let Us know You’d like a refund. You must include Your coursework with Your request for a refund. If You request a refund and do not include Your coursework by the 30th day, You will not be granted a refund.
The coursework that You must submit with Your request for a refund includes (1) watching all of the videos and (2) completing all of the exercises assigned in the first three weeks of the Program. Upon submitting this information, Honestly ADHD will review Your submission and begin processing Your refund within 10 business days.
We will not provide refunds requested more than 30-days following the Program start date. After day 30, all payments are non-refundable and You are responsible for full payment of the fees for the Program regardless if You complete the Program. If you have chosen to pay via a payment plan option, any outstanding payments will remain due.
If You have any questions or problems, please let us know by contacting Our support team directly. The support desk can be reached at: [email protected]
CANCELLATION OR POSTPONEMENT
In the unlikely event Honestly ADHD cancels the Program before it begins, You are entitled to a full refund of all paid program fees within 10 business days. In the unlikely event Honestly ADHD discontinues the Program after it begins, You are entitled to a partial refund of the portion of the Program that remains undelivered.
Postponement by Honestly ADHD of a scheduled start date for any service or course within the Program, shall not entitle Purchaser to a cancellation of this Agreement. Purchaser will be guaranteed a reservation in the next scheduled start date for that Program or service / course within the Program.
As part of the Program, information shared in Facebook groups, on support group calls, in video conferences, or any other means shall be maintained as confidential. Purchaser and Honestly ADHD agree to hold any confidential information received from the other in the strictest confidence.
Purchaser also agrees to hold every other participant’s confidential information in the same strict confidence as required between Honestly ADHD and its Program participants.
Failure to maintain confidentiality of confidential information is grounds for Honestly ADHD to immediately terminate the Participant’s access to the Program.
ACCESS TO PROGRAM MATERIALS and FACEBOOK GROUP
You will have access to all materials of the Program as long as the Program exists. In the event Honestly ADHD discontinues the Program, You will be given fair notice in order to have sufficient time to download any available content before the program ends.
The “secret” Facebook group will be closed upon the completion of the Program this Agreement applies to. Honestly ADHD reserves the right to keep the group open for a longer period or to create an alternative Facebook group, but this in no way waives the right to close it at a future date.
NO GUARANTEE OF RESULTS
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PROGRAM IS AT YOUR SOLE RISK. The content of the Program is for informational purposes only. By purchasing participation in the Program You accept, agree and understand that You are fully responsible for Your progress and results and that We offer no representations, warranties or guarantees verbally or in writing regarding Your results of any kind. You alone are responsible for Your actions and results which are dependent on an unlimited number of personal factors. You also understand that any testimonials or endorsements by Our clients, customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings are subjective and have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on Our websites, programs, content and offerings are simply Our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
NO MEDICAL ADVICE
The content of this site is for informational purposes only. It is not intended as a substitute for professional medical or psychological advice, diagnosis, or treatment. Always seek the advice of your physician, psychologist, professional, or other qualified health provider with any questions you may have regarding a medical or emotional condition. Never disregard professional medical advice or delay in seeking it because of content found on this or any other website.
If you have a medical emergency, call your physician/therapist or 911 immediately. We do not recommend or endorse any specific third-party tests, physicians, products, procedures, opinions, or other information found on the website. Reliance on any information provided by Honestly ADHD, LLC its employees, others appearing on the Website at our invitation, or other visitors to the website is solely at your own risk.
Please don’t use this content to diagnose or develop a treatment plan for a health problem or disease without consulting a qualified healthcare provider.
By accepting this Agreement, Purchaser acknowledges and agrees that all content presented within the Program is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Honestly ADHD and/or its Affiliates.
You are only permitted to use the content as expressly authorized by Honestly ADHD or the specific content provider. Except for a single copy made for personal use only, You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content or information from the Program in any form or by any means without prior written permission from Honestly ADHD or the specific content provider, and You are solely responsible for obtaining permission before reusing any copyrighted material that is available within. Any unauthorized use of the materials referred to may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
GENERAL INFORMATION AND UNDERSTANDINGS
Honestly ADHD warrants that it has the right to provide the Program and will use all reasonable skill and care in making it available to You and in ensuring its availability. Because of the nature of the internet, errors and omissions do occur and Honestly ADHD does not give any other warranties in respect of the Program.
Honestly ADHD is continually seeking to improve the Program. Honestly ADHD reserves the right, at its discretion, to make changes to any part of the Program provided that it does not materially reduce its content or functionality.
REPRESENTATIONS AND WARRANTIES
Each party warrants that:
(i) This Agreement has been duly and validly executed and delivered and constitutes a legal, valid, and binding obligation, enforceable against either party in accordance with its terms;
(ii) They have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform their obligations under this Agreement, without the approval or consent of any other party; and
(iii) They have sufficient right, title, and interest in and to the rights granted in this Agreement.
Honestly ADHD warrants that the Services will be performed in a professional manner in accordance with recognized industry standards. To the extent Services provided are advisory, no specific result is assured or guaranteed.
HONESTLY ADHD EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (BY ANY TERRITORY OR JURISDICTION) TO THE EXTENT PERMITTED BY LAW, AND FURTHER HONESTLY ADHD EXPRESSLY EXCLUDES ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY TO THE EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT OR CONTRACT, SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY PURCHASER FOR THE SERVICES, COURSE OR PRODUCT FROM WHICH THE CLAIM AROSE. IN NO EVENT SHALL HONESTLY ADHD BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST DATA OR LOST PROFITS, HOWEVER ARISING, EVEN IF PURCHASER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.
You agree to indemnify and hold harmless Honestly ADHD and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from Your breach of this Agreement. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding.
You will immediately notify Honestly ADHD of any current, impending, or potential legal action against it by a third party for matters relating to email, email complaints, email deployment, and violations of CAN-SPAM.
Honestly ADHD reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the indemnifying party hereunder.
Neither party may assign its rights or obligations under this Agreement to any party, except, that the assignment to a third party who obtains all or substantially all of the business or assets of a party shall be permitted subject to the reasonable consent of the other party (i.e. the non-assigning party).
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota without regard to the conflicts of laws and principles thereof. Jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement, shall be only in a federal or state court having subject matter jurisdiction located in Hennepin County, Minnesota.
Any cause of action brought by Purchaser against Honestly ADHD must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees’ (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of Minnesota and agrees that those courts have personal jurisdiction over each party; (iii) venue will be in Minnesota; and (iv) the parties will first submit the dispute to mandatory mediation held in Minnesota or through an online mediation service agreed upon by all parties. If the parties cannot agree on a mediator, then any party may apply at any time to the presiding judge of the Superior Court for the appointment of a mediator, and the judge’s selection is binding on all parties. The parties will share equally (50/50) in all costs of the mediation, including the mediator’s fees, but each party is solely responsible for its own attorneys’ and experts’ fees.
In no event shall Honestly ADHD be liable for any consequential, punitive or multiple damages of any kind.
Neither party shall be liable for any failure to perform its obligations under this Agreement if prevented from doing so by a cause or causes beyond its control, including without limitation, acts of God or public enemy, failure of suppliers to perform, fire, floods, storms, earthquakes, riots, strikes, war, and restraints of government.
(a) Parties may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
(b) This Agreement represents the entire agreement between the parties, and shall supersede all prior agreements and communications of the parties, oral or written.
(c) The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
(d) If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
(e) The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
If You have any questions or concerns, please contact Honestly ADHD by email at [email protected].
The Parties hereby agree to all the above terms and have executed this Agreement by a duly authorized officer, agent or representative.