This Agreement and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the courts of the state and federal courts of Alameda County, California.
IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING INFORMATION RECEIVED FROM THE PRIVATE FACEBOOK GROUP: KW4C MASTERclass WITH NAGLA ORLANDO INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS AND PROGRAMS ASSOCIATED WITH THE GROUP. BY ACCESSING OR USING THE PROGRAM(S), YOU ACKNOWLEDGE THAT:
● YOU HAVE READ THIS AGREEMENT,
● YOU UNDERSTAND IT, AND
● THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
This Agreement (“Agreement”) is a legal contract between Nagla Orlando/KnowledgeWorx4College (“KW4C”) and defined hereafter as “YOU.”
WHEREAS, KW4C is engaged in this business of college admissions coaching services; and WHEREAS, YOU desire to engage KW4C to provide coaching services to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation; NOW, THEREFORE, the Parties agree as follows:
SECTION 1: Membership and Program Fees
1.1. Programs: Under the terms of this Agreement, KW4C agrees to provide coaching services to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation (“Program(s)”) in exchange for a Program Fee. Progression between Programs will occur automatically, and Program Fees will be determined according to paragraph 1.2. below. Your access to such Programs is made conditional on payment of such Program Fee.
1.1.2. Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in the monthly KW4C Facebook Group.
1.1.3. Termination: KW4C may terminate this Agreement at any time in its discretion upon notice to YOU. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity. Memberships, which provide you with access to KW4C resources, are billed on a monthly basis, as specified at the time of purchase. Your subscription will continue unless and until you cancel your subscription or the account or the Service is otherwise suspended or discontinued pursuant to this Agreement. If membership is cancelled or terminated before the end of the applicable billing cycle, KW4C will not reimburse the Member for the remainder of that paid month. Members may cancel their membership at any time. Membership must be cancelled prior to the renewal date in order to avoid additional membership charges for the following month.
1.2. KW4C Facebook Group Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay KW4C $69.95 per month for access to and use of KW4C with Nagla Orlando Facebook Group. YOU further agree that the credit card YOU provide will be charged each month automatically. Payment terms for KW4C memberships are 14 days from the date of issue. Members will receive a notification when payment is past due. If payment is not received after 14 days in delinquency, members will be immediately removed from the KW4C Facebook group.
1.3. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by KW4C, YOU affirmatively agree and acknowledge that KW4C may at any time reproduce and/ or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such Program(s), including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program(s).
1.4.Refunds: KW4C abides by a strict, 30 day money back guarantee, refund policy. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by KW4C after 30 days. YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), YOU are taking full responsibility for YOUR OWN success. Thus, YOU agree that you will not request a refund.
SECTION 2: NO WARRANTIES
2.1. Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that KW4C provides Program(s) related to college admissions coaching only and guarantees no specific results. YOU take full responsibility for YOUR own success.
2.2. Limited Liability: In no event will KW4C be liable to YOU or any party related to you for any damages, whether under a theory of contract, warranty, tort (including negligence), consumer protection law, products liability or otherwise, even if KW4C has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
SECTION 3: Confidentiality
3.1. Confidentiality: Only authorized users, who have duly obtained access to any Programs offered by KW4C by personally agreeing to the terms of this Agreement are permitted use and participate with such Programs. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, Discussion, or any login member credentials to any third party, or use the Documentation, Video, Audio, Discussion, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
3.2 Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System are the sole Intellectual Property of KW4C and Nagla Orlando under United States copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and KW4C, KW4C and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein for the sole purpose of your college admission and/or counseling services specified in this agreement, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, or any other intellectual property rights of KW4C, whether by implication, estoppel, or otherwise. Furthermore, you are not permitted to disclose, share, or disseminate these confidential business and/or proprietary materials to the public, on the internet, through any social media platforms, and/or to any third persons without written consent of KW4C and/or its owner(s). Any and all trademarks or service marks that KW4C and Nagla Orlando use in connection with services rendered by KW4C are marks owned by KW4C and Nagla Orlando. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks. Any such disclosure by YOU will result in the immediate cancellation of this Agreement and may subject YOU to legal action for all appropriate damages, injunctive relief and attorney’s fees.
SECTION 4: Miscellaneous
4.1. Non transferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
4.2. Indemnification: YOU will, at your own expense, defend, indemnify, and hold KW4C and Nagla Orlando, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and KW4C concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with KW4C relating to the Program, whether oral or written.
4.4. Amendment: KW4C reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at https://knowledgeworx4college.com/.
4.5. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the State of California. The venue for any dispute arising under this Agreement shall be in the courts of the state and federal courts of San Luis Obispo County, California.
4.6. Private Messages: KW4C has established a Facebook group discussion board which permits members to communicate with Nagla Orlando regarding college admission advice. This is a monthly paid subscription service. Unfortunately, due to the potential for high volume, KW4C cannot accept or respond to private messages to Nagla Orlando, instant messages, or the asking of offline questions regarding college counseling or the college admission process. As such responses to questions will be limited to those inquiries made on KW4C’s group discussion board ONLY.
But the alternative, KW4C and /or Nagla Orlando does offer students and families other and more personalized college admission guidance, which would require additional fees. Please contact KW4C regarding these services.
We will always protect your right to privacy. By “you” or “your”, we mean your entire family and any information that is disclosed to us as part of this engagement.
We collect nonpublic personal information about you that is either provided to us by you or obtained by us with your authorization.
We do not disclose any nonpublic personal information obtained in the course of our engagement except as required or permitted by law. Permitted disclosures include, for instance, providing information to our employees and consultants who this information to assist us in providing services to you. In all such situations, we stress the confidential nature of information being shared.
We retain physical and digital records relating to the professional services that have been provided and the fees you have paid. We also maintain physical, electronic, and procedural security safeguards to protect these records. Records relating to the services provided are destroyed upon your request or three years after the completion of our engagement.