Cheeky Scientist Terms & Conditions
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 (“Cheeky“) and You (“Purchaser“). In consideration of the mutual promises and covenants set forth herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:
- Products. Cheeky is providing the following e-Products: The Cheeky Scientist Association online training program product (“Products“).
- Payments. In consideration of the Products to be provided hereunder, the Purchaser shall compensate Cheeky Scientist in the amount of $4998 for the Association Diamond program or the listed price of any other program, minus any discounts or scholarships recorded during the transactions, and in addition to any bundles or add-ons recorded during the transaction. By entering your payment information and clicking “PLACE ORDER” you, the Purchaser, agree to these terms. The Purchaser acknowledges it is responsible for any chargebacks or failed transactions. Purchaser will make the first payment immediately upon submission requesting Products and agrees to make all additional payments described above after requesting Products. Purchaser recognizes they are responsible for the full balance of the program regardless of any installments, payment plans, or loans they are provided. All transactions are final. If Purchaser receives access to the Products and payment is later rejected or charged back any amounts owed to Cheeky will accrue interest at a rate of 20% per annum or the maximum amount of interest permitted by law until paid in full.
- Warranties. Purchaser warrants that all information provided to Cheeky is accurate and truthful. Purchaser understands that Cheeky cannot provide legal advice and does not make any representation as to the legal effect of Purchaser’s use of Cheeky’s Products. Purchaser will indemnify and hold Cheeky, its owners, employees, and contractors harmless from any claim, dispute, regulatory action, and any other loss including attorneys’ fees, court costs, litigation expenses, settlement, and judgment related to the actions or inactions of Purchaser. For events beyond Cheeky’s control, including but not limited to data breach, software malfunction or misuse, malicious programs, power outages, or any other action by third parties, Cheeky shall not be responsible for damages or loss to the Purchaser including any compensatory or consequential loss related directly or indirectly thereto. Products provided shall be considered to have been accepted by Purchaser upon submission of account information via e-mail to Purchaser at the email address provided. Cheeky does not warrant or provide any warranty for Products. All Products are “AS-IS” with “ALL Faults” and all warranties, express or implied are disclaimed; including but not limited to the DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Neither Cheeky nor any agent, employee, or affiliated party will have any liability for the use of information provided in the Products. Cheeky does not guarantee any results or outcome from the Products.
- Refund Policy. We stand behind our services and your satisfaction with them is important to us. However, because our services and memberships are delivered immediately at the point of sale, all sales are final. Cheeky Scientist does not offer exchanges or refunds of any kind.
- Proprietary Information. Purchaser agrees not to provide Cheeky with any confidential or proprietary information related to the Purchaser, entity related to the Purchaser, or any third party to whom Purchaser owes a duty of confidentiality. Purchaser understands Cheeky will use proprietary, confidential techniques to provide Products. This proprietary information will be disclosed to Purchaser for personal use and will remain the sole property of Cheeky. Purchaser does not have the right to reproduce, reprint, or circulate any of the material provided by Cheeky. Any content, plans, strategies, processes, or advice created or prepared by Cheeky (“Content”) will remain the sole property of Cheeky; Purchaser may only use the Content for personal use with Purchaser’s business or career.
- Restriction on Purchaser’s Use of Content. By using the Products offered by Cheeky, Purchaser expressly covenants not to use the Content for any commercial uses without the previous written consent of Cheeky, including, but not limited to the following:
- Non-Disclosure. Purchaser covenants not to disclose, during and after the Purchaser’s use of the Products, the Content, or any of Cheeky’s confidential, proprietary or trade secret information generally not known to the public (collectively, “Confidential Information”). Purchaser acknowledges that irreparable injury and damage may result from disclosure of Confidential Information to the general public. Accordingly, Purchaser shall not disclose such Confidential Information to anyone other than the users subject to similar agreements with Cheeky and shall use all reasonable precautions to prevent unauthorized duplication of the Confidential Information.
- Non-Compete. For a period of 12 months from the Purchaser’s last date of access or use of the Content, Purchaser shall not, directly or indirectly, on behalf of Purchaser’s own self or any other person, company or entity, offer, provide, or sell or participate in offering, providing or selling, products or services substantially similar to the Confidential Information or substantially related to informational or educational programs directed towards individuals with doctoral degrees or other professional degrees offered by, developed by, designed by or distributed by Cheeky to any person, company or entity.
- Non-Solicitation of Products or Services. Purchaser hereby acknowledges and agrees that Purchaser has no right to solicit, or attempt to solicit, the other users of the Products in order to sell, advertise, or promote any products or services substantially similar to the Confidential Information owned by Cheeky. Other than referring users to job opportunities in the doctorate field where the Purchaser would receive a referral for securing the employment of another user, any activity where products or services are solicited for financial or personal gain are strictly prohibited.
- Non-Solicitation of Other Users. Purchaser hereby agrees not to, nor will Purchaser assist any third party to, directly or indirectly solicit or entice, or attempt to solicit or entice (i) any user of the Products to terminate any user’s agreement with Cheeky for engaging in the use of any competing products or services substantially similar to the Confidential Information, (ii) to partner with any person, company or entity to manage, operate, or participate in ownership, management, operation, or control of, or be employed by any company or entity that offers for sale or use any products or services substantially similar to the Confidential Information, or (iii) to leave Cheeky’s Products and enter into a competing group or community forum whereby Purchaser develops any content, plans, strategies, processes, or advice directly or indirectly from the Confidential Information owned by Cheeky;
- Non-Disparagement. Purchaser agrees and covenants that they will not at any time, directly or indirectly, make, publish or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments, or statements concerning Cheeky or its businesses, or any of its employees, officers, shareholders, members or advisors, or any other member of the program. This does not, in any way, restrict or impede Purchaser from exercising protected rights to the extent that such rights cannot be waived by agreement or from complying with any applicable law or regulation or a valid order of a court of competent jurisdiction or an authorized government agency, provided that such compliance does not exceed that required by the law, regulation, or order. Making disparaging remarks, threatening to make disparaging remarks or criticizing Cheeky, its team members or clients with accusatory language of any kind will result in immediate removal from all member communities without refund until Purchaser reconciles the situation as determined by Cheeky.
- Member Community Rules. All member community conversations in the association.cheekyscientist.com forum, private Facebook group(s) and other member communities must be both job search focused and solution focused as determined by the group moderators and administrators. All conversations must be be kind and courteous as determined by the group moderators and administrators, which means avoiding harsh, overly negative, sarcastic, and passive-aggressive language, as well as avoiding non-constructive criticisms in group posts and comments. All conversations in the group must also be kept completely private. Any concerning behavior toward Cheeky, its team members or clients, especially those that may distract members from their career progress and training, as determined by Cheeky, will result in immediate removal from all member communities without refund until Purchaser reconciles the situation as determined by Cheeky. Failure to follow any of these community rules will result in immediate removal from all member communities without refund until Purchaser reconciles the situation as determined by Cheeky.
- Public Disclosure and License. Cheeky may use Purchaser’s name and feedback provided by Purchaser as a testimonial online for purposes of promoting Cheeky’s Products. Accordingly, Purchaser hereby authorizes Cheeky, through a non-exclusive license, to use Purchaser’s intellectual property including but not limited to the Purchaser’s current and future trademarks, copyrights, website content, promotional materials, and advertisements. Cheeky may also use, in print or electronic form, the name and logo of Purchaser as a reference to current or previous customers.
- Right to User Contributions. The Products may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features or links to third party interactive features (e.g. Facebook) utilized by Cheeky (the “Interactive Forums”) that allow Purchaser and other users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials, including but not limited to any and all writings, files, pictures, or any other work (collectively, “User Contributions“) on or through Cheeky’s website. Any User Contribution you post to Cheeky’s website will be considered non-confidential and non-proprietary. By providing any User Contribution on Cheeky’s website, you grant to Cheeky and Cheeky’s licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
- Purchaser represents and warrants that:
- Purchaser owns or controls all rights in and to the User Contributions and has the right to grant the license granted above to Cheeky and Cheeky’s affiliates and service providers, and each of their and Cheeky’s respective licensees, successors, and assigns;
- Purchaser understands and acknowledge that Purchaser is responsible for any User Contributions Purchaser submits or contributes, and Purchaser has full responsibility for such content, including its legality, reliability, accuracy, and appropriateness; and
- That Cheeky is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by Purchaser or any other users.
- Purchaser represents and warrants that:
- Indemnification and Liability Limitation.
- Purchaser shall indemnify and hold Cheeky harmless, and defend, Cheeky and its affiliates, successors and assigns (and its and their officers, directors, employees, customers and agents) from and against any and all claims, losses, liabilities, damages, settlements, expenses and costs (including, without limitation, attorneys’ fees and court costs) which arise out of or relate to (a) any breach of this Agreement; or (b) any third party claim related to the actions or inactions of Purchaser.
- In no event shall Cheeky be liable under any legal theory for any special, indirect, consequential, exemplary or incidental damages, however caused, arising out of or relating to this Agreement, even if Cheeky has been advised of the possibility of such damages. In addition, in no event shall Cheeky’s aggregate liability arising out of or relating to this Agreement (regardless of the form of action giving rise to such liability, whether in contract, tort, indemnification, or otherwise) exceed one hundred dollars or the amount paid for Products, whichever is less.
- Assignment. Purchaser may not assign its rights or duties under this Agreement without the signed, written consent of Cheeky. Cheeky may assign its rights or duties under this Agreement without the signed, written consent of Purchaser.
- Notices. Any legal notice shall be sent by personal delivery, certified mail or Federal Express or similar overnight mail service.
- Severability of Provisions. If any section, provision, or part of this Agreement is held to be illegal, invalid or unenforceable, such section, provision, or part shall be fully severable. The remainder of this Agreement shall remain in full force and effect. All provisions that do not apply to the provision of Products shall survive termination of this Agreement. The provisions of this Agreement are for the benefit of the parties to it solely and not for the benefit of any other person, persons or legal entities. The terms herein are the product of mutual negotiation and understanding; thus, neither party will be deemed the drafting party for purposes of interpretation.
- Waiver. The waiver by either party of a breach of or a default under any provision of this Agreement shall not be effective unless in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any such right or remedy.
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio without regard to conflicts of laws principles. The parties hereto agree that any actions or proceedings seeking to enforce any provision of, or based upon any right arising out of, this Agreement shall be brought exclusively in the state and federal courts located in the State of Ohio. Each of the parties irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue within Hamilton County, Ohio. Process in any action or proceeding referred to in the preceding sentence may be served on any party anywhere in the world. The parties hereto specifically waive any right to a jury trial with respect to any matter arising under this Agreement. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by Arbitration and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction hereof. Should enforcement of a collection action related to this Agreement be necessary, the prevailing party to such dispute will be entitled to its attorneys’ fees and court costs from the non-prevailing party.
- Relationship of Parties. This Agreement shall not be construed as creating an agency, partnership, joint venture or any other form of association, for tax purposes or otherwise, between the parties; and the parties shall at all times be and remain independent contractors. Neither party shall have any obligation or duty to the other party except as expressly and specifically set forth herein, and no such obligation or duty shall be implied by or inferred from this Agreement or the conduct of the parties hereunder. Cheeky is not an agent or fiduciary of Purchaser and does not owe any duty of confidentiality to Purchaser.
- Modification or Amendment. No amendment, change, or modification of this Agreement shall be valid unless made in writing and duly executed by Cheeky. Terms may be amended from time to time as determined by Cheeky and notice will be provided on Cheeky’s website or emailed to You.
- Headings. The headings used in this Agreement are for convenience only and shall not be considered in construing or interpreting this Agreement.
- Counterparts. This Agreement and any amendments hereto may be executed in one or more counterparts. All of such counterparts shall constitute the same Agreement and shall become effective when a copy signed by each party has been delivered to the other party. The parties agree that facsimile and electronic signatures shall be as effective as if originals.
- Entire Agreement. It is understood, acknowledged and agreed that there are no oral agreements between the parties hereto and that this Agreement constitutes the parties’ entire agreement and supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties hereto, and none thereof shall be used to interpret or construe this Agreement. This Agreement contains all of the terms, covenants, conditions, warranties and agreements of the parties and will be considered the only agreement between the parties hereto.