Job Accelerator Terms & Conditions
Last updated:Â October 17, 2023
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TERMS OF PARTICIPATION
Please READ Carefully: by purchasing this product, you (herein referred to as “Client”) agree to the following terms stated herein.
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PROGRAM / SERVICE
Better Career, LLC (herein referred to as “Better Career” or “Company”) agrees to provide Program, “Job Accelerator” (herein referred to as “Program”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
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DISCLAIMER
Client understands Better Career (herein referred to as “Consultant”), is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
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REFUND POLICY
The Refund Policy applies to the Job Accelerator Program fee less any discount applied. Due to the limited availability of one-on-one coaching, the Refund Policy does not apply to the Private Coaching Program.
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30 DAY RESULTS-BASED MONEY-BACK GUARANTEE
We want you to be satisfied with your purchase but that requires that you give your best effort to apply all of the strategies in the program. We offer a 30 day refund period for purchases. However, in order to qualify for a refund you must submit proof that you gave the program an honest effort and you did not see results (defined below).Â
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Please note that we do not offer refunds because you “did not have time” or “haven’t logged in.” If you do not have time to invest in this program right now, you should not purchase it until you have time in your schedule.
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In the event that you decide your purchase did not yield results, contact Better Career at [email protected] and let us know you’re requesting a refund.
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You are required to have completed at least 5 modules (with “completed” being defined as checking “Mark Complete” on all of the lessons you finished and you must include your coursework in an email with your request for a refund. If you request a refund and you have not completed the lessons and/or do not include your completed coursework, you will not be granted a refund.
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The work that you need to submit with your request for a refund must include ALL of the following items completed:
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1) Your Personal Value Summary Worksheet.
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2) Your UpSkilling Action Plan.
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3) Your Job Search Dashboard - Job Tracker, with all of the required information from at least 10 companies.
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4) Your completed Job Search Dashboard - Contact List with at least 30 contacts, their job titles, the companies they work for, LinkedIn profile URL or their email addresses, and additional notes on your plan for reaching out.
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5) Proof (including screenshots) that you reached out to at least 5 contacts in your Job Search Dashboard - Contact List and followed up once with any contacts that did not respond.
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6) Proof that you’ve made at least one post in the Better Career Community Discord chat asking for help with a challenge you’re running into.
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7) Proof that you have emailed someone on the Better Career team asking for help (after posting in the Better Career Community Discord chat) with your biggest challenge or blocker.
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When we speak about “results” and the “results-based guarantee,” we define those results as responses from contacts who are in a position to refer you to jobs.
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If you have done all the work outlined in bullets 1 - 7 above and have not heard back from any contacts, you are eligible for a refund. If you have heard back from contacts that you reached out to, you have seen “results” as we define them and are not eligible for a refund. Since we cannot control the company’s timeline for interviewing candidates and making the hiring decision, we cannot base our 30 day guarantee on that. However, there is a strong correlation between receiving responses from contacts and landing job interviews and offers.
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If you are not willing or able to provide proof of the work outlined above, you are not eligible for a refund.Â
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Finally, you are no longer eligible to receive a refund if you have started a new job after purchasing this course (because that’s the whole point of the program!).
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COUPONS AND DISCOUNT CODES
Coupons and discount codes may not be combined.
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CONFIDENTIALITY
The Company respects Client’s privacy and insists that Client respects the Company’s and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program Participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Participants during Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore, Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to: names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Client will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product you agree that if you violate or display any likelihood of violating this session the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
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NO TRANSFER OF INTELLECTUAL PROPERTY
Better Career’s program is copyrighted and the original materials that have been provided to Client are for Client’s individual use only and a single-user license. Clients may not share their account credentials or Program access with other 3rd parties under any circumstances. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of Better Career, LLC. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
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CLIENT RESPONSIBILITY
The Program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that the statement “land a job in 8 weeks” is based on the results of a select few students who have worked closely with Company. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any program materials.
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NONCOMPETE (FOR CAREER COACHES & FUTURE CAREER COACHES)
The Program is strictly developed for people who are actively job searching. As previously mentioned, the Program material is copyrighted and any use -- commercial or otherwise -- by 3rd parties is strictly prohibited. Unfortunately, due to past experiences with infringement, we currently do not allow career coaches in the Program. The Company reserves the right to refund any Client who offers career coaching, career strategies, career advice, or career services in any capacity and remove them from the Program. If a Client is found using the Company’s copyrighted or trademarked material (including, but not limited to, mentions of four steps to accelerator your job search), Company reserves the right to pursue legal action.
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Many job seekers have an entrepreneurial spirit and wish to start their own businesses down the road. We encourage people to act on their passions and their dreams. As a Client, if you decide to start a career coaching business after purchasing the Program, you must obtain authorization from the Company to use any copyrighted or trademarked materials from the Program. Additionally, Clients who start their own career coaching / consulting businesses after joining the course are not eligible for a refund. Per the statement above, the Company reserves the right to take legal action against any 3rd parties using copyrighted or trademarked material without authorization from the Company.
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In addition, Program members are not permitted to prospect, solicit, or provide services or products to any existing members of either the Program’s audience or Company’s audience. The “audience” includes members of any program the Company offers, members of any private group the Company offers, individuals on the Company’s email list, individuals with Better Career accounts, or followers of either Better Career or Better Career on any online platform. If any members are found in violation of these terms, the Company reserves the right to take legal action.
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YOUR DATA & PRIVACY
As a general rule, the Company does not sell, rent, lease or otherwise transfer any information collected whether automatically or through your voluntary action. The only exception to this rule would be a sale of the Company and its assets (including email addresses) to another company or entity. In the event that Better Career is sold to / acquired by another entity, we reverse the right to sell and transfer ownership of its assets, including data, email addresses, and any other information. Outside of that instance, Company will never sell or give away your data or information. You can click here to find and read the Company’s full Privacy Policy.
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INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
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FORCE MAJEURE
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
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SEVERABILITY/WAIVER
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
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MISCELLANEOUS
LIMITATION OF LIABILITY. Client agrees they use Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrolment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
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NON-DISPARAGEMENT
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to unjustly disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
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ASSIGNMENT
Client may not assign this Agreement without express written consent of Company.
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MODIFICATION
The Company may modify the terms of this agreement at any time.
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TERMINATION
Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
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INDEMNIFICATION
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in Better Career, LLC, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Better Career, LLC and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from participation in the Programs.
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RESOLUTION OF DISPUTES
If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 90 days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
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EQUITABLE RELIEF
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
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NOTICES
Any notices to be given hereunder by either Party to the other may be affected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: [email protected]. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter.
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EARNINGS DISCLAIMER:
Every effort has been made to accurately represent this product and its potential.
There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich quick scheme” or an “instantly land a job with no work” scheme.
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Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level, nor are we responsible for any of your actions.
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Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995.Â
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Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
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Any and all forward-looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s. In fact, no guarantees are made that you will achieve any results from our ideas and techniques in our material.
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AFFILIATE DISCLOSURE
This section serves as notice that the Program contains affiliate links to certain products. This means that those products will pay Better Career a commission if a member of the Program purchases their product. Better Career does not accept or endorse products that owners and employees of Better Career have not personally used and do not personally vouch for.Â
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