Cheeky Scientist Terms & Conditions Select States
These Terms & Conditions are only for residents of these select states and locations: California, New Jersey, Indiana, Florida, Vermont, Massachusetts, Pennsylvania and Washington D.C.
**DISCLAIMER** We are a coaching and mentoring provider only and do not provide or promise employment placement, work assignments, job opportunities, or act in anyway as an employment agency. Our services are designed to guide and assist you with building your résumé, enhancing your career opportunities, and seeking work or positions within your area of specialty. We do not guarantee or promise any specific position and do not receive any payment or reimbursement from your eventual employer, agency, or professional association which may retain your services. No verbal or written promise or guarantee of any job or employment is made or implied under the terms of this contract. A career consulting firm does not guarantee actual job placement as one of its services.
Examples of people who have successfully transitioned should not be considered typical and there is never a guarantee of results. By using this product or any related materials you agree to take full responsibility for your own results, or lack thereof.
We are not a bank, lender or financing company of any kind. We encourage you to do your own research and due diligence into choosing the best financing option for any purchase of our services.
By entering your information and submitting payment, you agree to the following:
Cheeky Scientist, LLC Association AGREEMENT
This Master E-Products Agreement (“Agreement“) is made and entered into as date of purchase by and between Cheeky Scientist, LLC (“Company“) and You (“Customer“). In consideration of the mutual promises and covenants set forth herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Services Provided. Company will provide Customer with an online mentoring program for the life of the program. The program includes weekly live meetings, or review of live meeting recordings, in Company’s virtual Mentorship Dashboard. Complete access to live meeting workbooks, forms and other documents are delivered immediately upon execution of this Agreement in the Mentorship Dashboard, including job search templates in Google Drive. Access to help from PhD mentors is immediately available in the private PhD Accountability Forum or one-on-one in Voxer, as well as one-on-one help from the PhD mentors on Zoom based on availability. Company’s mentors will strive to get back to any questions the Customer posts in the Forum or Voxer about the job search process within one to two business days and likely much sooner. Questions unrelated to the job search process may take longer. Company will create a custom plan for Customer through additional programs, meetings and mentorship to prepare the Customer’s resume, LinkedIn profile, and to help the Customer obtain and prepare for industry interviews with the goal of getting industry job offers. Company will provide immediate access to a Member Directory with thousands of members, many working in industry so that Customer can actively network and work to get referrals. Company may introduce Customer to past members once the Customer’s resume, LinkedIn, networking and interviewing expertise, and overall professionalism meet the Company’s standards of excellence. Company does not procure, offer, or promise employment or engagements to Customer. Company does not contract with employers, match customers with employment opportunities, provide customers lists of employers or employment opportunities, and does not distribute lists of customers to employers. Company never provides direct referrals because Company does not contract with employers.
2. Participation of Customer. Company will work around the Customer’s schedule and at the Customer’s chosen pace, within reason, to help the Customer get into the industry job of their dreams and has provided a flexible process to ensure that this happens. The Customer’s engagement in the program is an important part of this process, including the Customer showing up to mentorship meetings and engaging with the material because, as examples, the Company cannot submit applications on behalf of the Customer or show up to interviews for the Customer. Company will work flexibly around the Customer’s schedule to help get their resume updated, to guide them on how to submit their application, perform well on interviews, and to get the job offer(s) they want. Customer can attend all live meetings or they review the live meeting recordings within the same month of the meeting. Customer can complete the workbooks, forms and other documents reviewed during the live meetings and upload them in the form of files, images, PDFs, videos and other file types to the Customer’s Google Drive folder within the same month they are presented. Customer will work with their mentor to complete their job search strategy sheet with a targeted list of companies they would like to get hired at, as well as identifying networking contacts at each company. Customer will work with their mentor to get their resume updated to an industry format, will learn how to target each resume to each position and will apply consistently to job openings, storing the targeted resumes they submit and the job opening they apply to in the Customer’s Google Drive folder. Customer can participate regularly in the Accountability Forum on the Discourse platform with regular participation simply meaning posting questions or comments on a monthly basis. Mentorship advice given to the Customer through any of the Company’s communication channels should be responded to by Customer within a reasonable and timely manner to achieve full results.
3. Service Fee. In consideration of the Service to be provided hereunder, the Customer shall compensate Company in the amount of $4,998 for the Association Diamond Program or the listed price of any other program, minus any discounts or awards recorded during the transactions, and in addition to any bundles or add-ons recorded during the transaction (the “Service Fee”).
4. Lender Disclosure. Customer agrees to and understands that Company is not a bank, lender or financing company of any kind. Company encourages Customer to do their own research and due diligence into choosing the best financing option for any purchase of Company’s services. Customer understands that any loan they agree to has a balance and has interest as indicated by the third-party financing company. Customer agrees that they are responsible for reading and understanding the third-party financing company’s separate terms and conditions, truth-in-lending and other disclosures.
5. Location Disclosure. All calls, online meetings or virtual engagements of any kind with Cheeky Scientist or any Cheeky Scientist team members take place in Cheeky Scientist’s virtual offices, which are our normal place of business.
6. Refunds. Except as set forth in Section 7 and Section 13, Company does not offer refunds.
7. Guarantee. In the event the Customer participates in the program as set forth in Section 2, Customer attests to not having received a job offer within twelve months of starting the program, or within twelve months of Customer receiving their PhD, whichever is longer (the “Guarantee Period”), and Customer pays the Service Fee in full or the amount owed over the Guarantee Period, Customer may request a refund of the Service Fee paid to date or additional help. Refunds are not given at any time for Customers who receive a job offer after enrolling regardless of conditions of the job offer or how soon they receive the offer after enrolling. Job offers are chosen by the Customer, not by the Company because only the Customer decides which jobs they apply to. Company will never apply to jobs on behalf of the customer.
8. Guarantee Review. All refund requests will initiate a review of the Customer’s participation, as set forth in Section 2, by three Company officers, or if there are not three Company officers at any time, then as many officers as there are. The panel of officers will be given 30 business days to review the Customer’s material and effort, and to make a decision on whether or not to provide a refund. Customer agrees to complete a notarized affidavit form to confirm that they did not receive a job offer in order to start the refund panel review process.
9. One-time purchase. This is a one-time purchase that allows for immediate, lifetime, access to the Company’s mentors, forums, and other materials. This purchase is not for a recurring membership program, nor is it a recurring service of any kind.
10. Notification Requirement. Company and Customer share responsibility to the goal of getting the Customer hired. Company cannot help the Customer get hired if they disappear from contact and do not meet with their mentor or any Company representative for months at a time. To this end, the Customer must alert the Company in writing by registered mail six months before the end of Customer’s Guarantee Period to inform the Company that Customer still has not received a job offer. This written notification will activate an extra level of daily personal mentorship. A second written notice must be received by registered mail two months before the end of the Guarantee Period. This second notice will activate a second tier of additional personal mentorship daily to ensure the Customer gets a job offer. These written notices must be sent to 19211 Panama City Beach Pkwy #1047 Panama City Beach FL 32413-8712. Customer agrees that failing to provide the Company with written notice on or before the above timelines will result in no refund.
11. No Employment Guarantee. No verbal or written promise or guarantee of any job or employment is made or implied under the terms of this contract.
12. Term/Termination. This Agreement shall commence as the date first set forth above and shall remain in effect for a period of one (1) year. Either Party may terminate this Agreement at any time without advance notice for cause, such as breach of the Agreement by the other Party, the insolvency or bankruptcy of the other Party, the other Party’s failure to complete its obligations under the Agreement, or for any other reason that adversely affects the contractual relationship of the Parties.
13. Recission. Customer may rescind this Agreement, without any penalty or obligation, within three (3) business days after the signing this Agreement. To do so, Customer must mail or deliver a signed and dated copy of the cancellation notice found at the end of the signed version of this Agreement, or any other written notice of cancellation, or send a telegram containing a notice of cancellation to 19211 Panama City Beach Pkwy #1047 Panama City Beach FL 32413-8712, no later than midnight of the date of this Agreement.
14. Relationship of Parties. Company is an independent contractor. Nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between the Parties. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Customer and Company. Each Party will be solely responsible for payment of all compensation owed to its employees, as well as federal and state income tax withholdings, social security taxes, and unemployment insurance applicable to such personnel as employees.
15. Indemnification. To the fullest extent permitted by law, Customer shall, at its own expense, indemnify, defend, and hold harmless Company and its members, managers, directors, officers, employees, agents, successors, and assigns, and all other persons and entities acting on behalf of or under the control of Company, from and against any and all claims, demands, suits, causes of action, debts or liabilities, losses, judgment, damages, costs (including all reasonable attorney’s fees), expenses, fines, and penalties arising out of, or concerning or connected with, the transactions or activities contemplated by this Agreement. The obligations contained in this paragraph shall survive expiration or termination of this Agreement.
16. Warranties. Company warrants that the services to be provided under this Agreement shall be performed in a professional manner conforming to generally accepted industry standards and practices. Company agrees that its sole and exclusive obligation with respect to the services covered by this limited warranty shall be, at Company’s sole discretion, to correct the nonconformity or to refund the service fees paid for the affected services.
17. Confidentiality. The existence of this relationship, as well as any information Company receives from Customer will be confidential under the terms of this Agreement. However, please be aware that the relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege.
Confidential Information does not include information that: (a) was in the Company’s possession prior to its being furnished by the Customer; (b) is generally known to the public or in the Customer’s industry; (c) is obtained by the Company from a third party, without breach of any obligation to the Customer; (d) is independently developed by the Company without use of or reference to the Customer’s confidential information; or (e) the Company is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Company and as a result of such disclosure the Company reasonably believes there to be an imminent or likely risk of danger or harm to the Company or others; and (g) involves illegal activity. The Customer also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Customer in a timely manner.
18. Dispute Resolution. In the event that any disagreement, dispute or claim arises among the Parties hereto with respect to the enforcement or interpretation of this Agreement or any specific terms and provisions hereof or with respect to whether an alleged breach or default hereof has or has not occurred (collectively, a “Dispute”), such Dispute shall be resolved by binding arbitration in accordance with the American Arbitration Association Rules.
19. Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the Parties related to the subject matter hereof and supersedes all prior agreements, understandings, and letters of intent relating to the subject matter hereof. This Agreement may be amended or supplemented only by a writing executed by all Parties.
20. Notices. All notices, requests, demands or consents hereunder shall be in writing and shall be deemed given and received when delivered, if delivered in person, or four (4) days after being mailed by certified or registered mail, postage prepaid, return receipt requested, or one (1) day after being sent by overnight courier such as Federal Express, to and by the Parties at the following addresses, or at such other addresses as the Parties may designate by written notice in the manner set forth herein: 19211 Panama City Beach Pkwy #1047 Panama City Beach FL 32413-8712.
21. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which, when taken together, will constitute one and the same instrument.
22. Governing Law/Venue. This Agreement shall be construed and governed in accordance with the laws of the State of Ohio, without reference to conflict of law principles. In event that either Party brings an action against the other under this Agreement, venue will be in Hamilton County, Ohio.
23. Assignment. This Agreement shall not be assignable by either Party hereto without the express written consent of the other Party.
24. Waiver. Waiver of any agreement or obligation set forth in this Agreement by any Party shall not prevent that Party from later insisting upon full performance of such agreement or obligation and no course of dealing, partial exercise or any delay or failure on the part of any Party hereto in exercising any right, power, privilege, or remedy under this Agreement or any related agreement or instrument shall impair or restrict any such right, power, privilege or remedy or be construed as a waiver therefor. No waiver shall be valid against any Party unless made in writing and signed by the Party against whom enforcement of such waiver is sought.
25. Binding Effect. Subject to the provisions set forth in this Agreement, this Agreement shall be binding upon and inure to the benefit of the Parties hereto and upon their respective successors and assigns.
26. Waiver of Rule of Construction. Each Party has had the opportunity to consult with its own legal counsel in connection with the review, drafting, and negotiation of this Agreement. Accordingly, the rule of construction that any ambiguity in this Agreement shall be construed against the drafting party shall not apply.
27. Severability. If anyone or more of the provisions of this Agreement is adjudged to any extent invalid, unenforceable, or contrary to law by a court of competent jurisdiction, each and all of the remaining provisions of this Agreement will not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.