ALLSWELL ACADEMY: SUPERCONDUCTORS TRAINING TERMS AND CONDITIONS – AllSwell Creative

ALLSWELL ACADEMY: SUPERCONDUCTORS TRAINING TERMS AND CONDITIONS

ALLSWELL ACADEMY: SUPERCONDUCTORS TRAINING

TERMS AND CONDITIONS

Effective: April 15, 2024

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“Agreement”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND AllSwell Creative (“AllSwell”).

AllSwell Academy: Superconductors,” is a program for learning the art and technique of journaling workshop facilitation that includes instruction on leadership fundamentals & facilitation techniques; workshop best practices in both IRL and digital environments; original content inspiration and resources; and guidance on marketing, sales and strategic partnership.  The AllSwell Academy: Superconductors program may be referred to as the “Program.”  Below are the Terms and Conditions for the AllSwell Academy: Superconductors training.  

The program is comprised of four interactive 90-minute sessions (recorded to be reviewed on-demand for those who cannot make a session and / or want to revisit the material). As follow-up support, you also receive a private, 30-minute 1:1 consulting session with Laura Rubin to use within five months.  The Program will entirely digital and there will be no in person training.  The Program may include slide decs.  The four interactive 90-minute sessions (including any materials distributed therein), the on-demand recordings of the sessions) along with the slide decs are referred to as the “AllSwell Academy Materials” or “Materials.”   The recordings may be referred to as the “On Demand Materials.”   

Eligibility - By enrolling in the Program and making the first payment for the Program, you hereby represent the following: (a) You have read, understand, and agree to be bound by these Terms and Conditions and any future amendments and additions to these Terms and Conditions as published from time to time at this link or through the Services; (b) You are 18 or older;  (c) You have the authority to enter into the Agreement personally; and (d) Except as otherwise provided herein, if you do not agree to be bound by the Agreement, you may not access or use the Program or the AllSwell Academy Materials; and (e) You will comply with all applicable laws, including those of the country, state and city in which you are present while using the Services.

Cancellation – If You have enrolled in the Program, there will be no refunds of enrollment fees that are paid.  

Prohibited Uses of AllSwell Academy Materials - You understand, acknowledge and agree that any access or use of the AllSwell Academy Materials shall be for your personal, non-commercial use only, and that you will not commercially exploit any portion of the AllSwell Academy Materials unless given written permission by AllSwell.

Acceptable Behavior in Program and Acceptable Use of AllSwell Academy Materials - By using the Services, You agree that:

  • You will act in a professional and cooperative manner during the interactive section of the Program.
  • You will not annoy, harass or engage in disruptive content during the interaction section of the Program.  
  • You will only use the Materials for lawful purposes, and not for deceptive or fraudulent purposes; you will not send or store any unlawful material when accessing the On Demand Materials.
  • You will not use the Materials to cause nuisance, annoyance or inconvenience.
  • You will not use the Materials, or any content accessible through the On Demand Materials, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any users, without the express written permission of AllSwell.
  • You will not violate the publicity or privacy rights of another individual who is attending the Program.
  • You will not copy or distribute any content displayed in the Program or provided to you in the Materials.
  • You will not create or compile, directly or indirectly, any collection, compilation, or other directory from any content used in the Program or displayed through the Materials except for your personal, noncommercial use.
  • The information you provide to us or otherwise communicate with us is accurate.
  • You will not use the On Demand Materials in any way that could damage, disable, overburden or impair any of our servers, or the networks connected to any of our servers.
  • You will not attempt to gain unauthorized access to any part of the On Demand Materials and/or to any service, account, resource, computer system and/or network connected to any of our servers.
  • You will not deep-link to the On Demand Materials or access the On Demand Materials manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of the On Demand Materials or any content on the Services.
  • You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the On Demand Materials.
  • You will not impersonate another person, act as another entity without authorization.  

Access to On Demand Materials - By agreeing to these Terms and Conditions, you will be granted a revocable license to access the On Demand Materials via an on-demand platform without charge according to the guidelines explained in the Program. Your access privileges, however, are conditioned on your adherence to the Terms and Conditions. AllSwell reserves the right to temporarily deny you access to the On Demand Materials or permanently terminate your access privileges at any time if, in our sole discretion, you have failed to abide by these Terms and Conditions or appear to us likely to do so. By agreeing to grant you access, AllSwell does not obligate ourselves to do so or to maintain the On Demand Materials, or to maintain it in its present form, and we expressly reserve the right to modify, suspend, or terminate your access privileges.  Your access privileges to the On Demand Materials may not be transferred by you to any third parties.  You agree not to disclose to anyone your confidential password and to notify us immediately if there has been a breach of your security that affects our On Demand Materials.

Intellectual Property Ownership – AllSwell (and our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Program and the AllSwell Academy Materials. These Terms and Conditions are not a sale and do not convey to you any rights of ownership in or related to the AllSwell Academy Materials and Program, or any intellectual property rights owned by AllSwell. AllSwell’s name, logo, and the product names associated with the Programs and AllSwell Academy Materials are our trademarks or belong to third parties, and no right or license is granted to use them, with the exception that if You complete the Program, You can identify that you are “AllSwell Academy Certified”). You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Program or AllSwell Academy Materials.

Use of Name. You agree that you will not use or refer to Laura Rubin’s name, likeness, words, marks or other property, or any proprietary rights of Laura Rubin, AllSwell and AllSwell Academy in any manner whatsoever without prior written permission from AllSwell, You further agree that participation in AllSwell Academy: Superconductors Program does not grant any authority i) to use the AllSwell or its logos, ii) to use the On Demand Materials or Program in seminars or any public or commercial capacity (other than to apply such materials to your own business), or in any other manner other than for my own personal or business use iii) to sell AllSwell products; iv) to copy or reproduce any of the materials shown to me or provided to me before or during the Program, v) to transcribe or record, audio, video or other means any of the web-based, in-person, or telephonic training sessions that are part of the Program or the Materials or vi) to in any way represent Laura Rubin or AllSwell without the prior written consent of AllSwell. Violation of any of these requirements will result in an immediate action to protect proprietary materials.  

Your participation in the Program does not guarantee AllSwell or Laura Rubin will select you as a program leader of AllSwell.  The decision as to who may become an Allswell program leader is at the sole discretion of Laura Rubin and/or AllSwell.  

Indemnity - You agree to indemnify and hold harmless AllSwell, their officers, directors and employees from any and all claims, demands, suits, expenses, costs, judgments or other charges incurred by you and/or your business as a result of the choice to participate in the Program as outlined by these Terms and Conditions. You will not hold AllSwell or its training personnel or other employees responsible for any negligent actions or adverse results, whether known or unknown, that you and/or your business may incur or suffer as a result of your attendance at the Program and your use of the Materials received pursuant to these Terms and Conditions.


General Provisions 

No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you and AllsWell as a result of this Agreement or use of the Services.

Choice of Law. This Agreement is governed by the laws of the State of New York, without giving effect to any principles that provide for the application of the law of any other jurisdiction.

Severability. Except as otherwise provided herein, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.





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