Effective Date: September 1, 2024
Please READ carefully, as this pertains to the Agreement of your registration with any of the products sold (sometimes referred to as “Program”) by SM2 Strategic (sometimes referred to as “Company”).
By purchasing our products, you (sometimes referred to as “Client”) agree to the following terms stated below.
PROGRAM
SM2 Strategic agrees to provide course content, identified as an online course aid, to help clients improve the patient experience in healthcare settings. Client agrees to abide by all policies and procedures outlined in this Agreement as a condition of their participation in any of our programs.
DISCLAIMER
Client understands SM2 Strategic is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, financial analyst, psychotherapist, or accountant. Client understands their participation in this program will not treat or diagnose any disease, illness, or ailment. If they should experience any such issues, they should see their registered physician or another practitioner, as determined by their own judgment.
Client understands that neither SM2 Strategic, nor Company, has promised, nor shall be obligated to, the following:
- Success in business, results, or improvements for the Client.
- Provide assistance, as either coach or mentor, with consultations for future business contracts made by Client.
- Procure any publicity, social media exposure, interviews, write-ups, features, television, or print promotions for the Client.
- Introduce Client to SM2’s full network of contacts, media, or business partners. Client understands that a relationship does not exist between the Parties after the conclusion of this program.
FINANCIAL OBLIGATION
Client is responsible for the completion of all payment plans associated with products they purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.
METHODS OF PAYMENT
We accept Visa, Mastercard, and American Express as forms of payment. If Client chooses to pay by monthly installments, they authorize the monthly charge for the product on the Client’s credit card or debit card.
REFUNDS
You may request a full refund within 30 days of your original purchase by contacting our support team at [Insert support email] and definitively requesting the full refund. We will NOT provide refunds after 30 days from the date of the original purchase. On the 31st day, all payments are non-refundable, and you are responsible for full payment of the fees for the product, regardless of whether or not you complete the program.
Please note: If you opted for a payment plan and you do not request a refund within 30 days, you are required by law to complete the remaining payments of your payment plan. We reserve the right to seek recovery of any unpaid amounts via our Collection Agency.
All refunds are discretionary as determined by SM2 Strategic. If you downloaded the Training Material (PDFs, audios, videos, workbooks, etc.), and then promptly asked for a refund, we reserve the right to deny your refund request, as this policy is designed to give participants a chance to try the system, not to obtain materials for free.
CONFIDENTIALITY
SM2 Strategic respects Clients’ privacy and insists that the Client respects ours as well. This is a mutual non-disclosure Agreement. Any confidential information shared by SM2 Strategic or other program participants is confidential, proprietary, and belongs solely to the disclosing party. Both Parties agree not to disclose or make use of any confidential information for any purpose other than that intended in connection with the program.
Both Parties agree to use their best efforts to safeguard the confidential information and protect it against disclosure, misuse, loss, or theft.
CLIENT RESPONSIBILITY
The products developed by SM2 Strategic are for educational purposes only. Client accepts and agrees that they are 100% responsible for their progress and results from products developed by SM2 Strategic. SM2 Strategic makes no representations, warranties, or guarantees verbally or in writing regarding specific outcomes, and results experienced by each Client may vary.
LIMITATION OF LIABILITY
Client agrees they are using SM2 Strategic’s services at their own risk. The Program is strictly an educational service being provided. Client releases SM2 Strategic and its officers, employees, directors, agents, and affiliates from any and all damages that may result from claims arising from their participation in the Programs.
NON-DISPARAGEMENT
The Parties agree that they will not engage in any conduct or communications, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees, or affiliates will make any remark, comment, message, or communication that could be reasonably construed to be derogatory or critical of SM2 Strategic or its programs.
INDEMNIFICATION
Client agrees to indemnify and hold harmless SM2 Strategic, its officers, employees, contractors, directors, affiliates, and successors from any and all liabilities, expenses, claims, damages, judgments, or settlements arising out of Client’s participation in the Program.
NO TRANSFER OF INTELLECTUAL PROPERTY
The Program and its materials are proprietary, and SM2 Strategic retains full intellectual property rights to all course content, materials, and related assets. Client is granted a single-user license for personal use only and is not authorized to share, sell, or distribute the material for commercial purposes.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement creates a partnership, joint venture, or other similar relationship between the Parties. Both parties are independent contractors with control over their respective personnel and operations.
FORCE MAJEURE
In the event that any cause beyond the reasonable control of either Party prevents the performance of any obligations under this Agreement, such performance will be excused for the duration of the event, and the period of performance will be extended accordingly.
SEVERABILITY/WAIVER
If any part of this Agreement is deemed invalid or unenforceable, the remaining provisions will continue in full force. A failure by either Party to enforce any provision does not constitute a waiver of that provision.
ASSIGNMENT
Client may not assign this Agreement without the express written consent of SM2 Strategic.
MODIFICATION
SM2 Strategic reserves the right to modify these Terms at any time. Changes will be posted on the PX Movement website, and Clients will be notified of any significant changes.
TERMINATION
SM2 Strategic reserves the right to terminate this Agreement and limit Client’s participation in the Program if they are disruptive, fail to follow program guidelines, or breach these Terms. Client remains responsible for all payments in the event of termination.
RESOLUTION OF DISPUTES
Any disputes arising out of this Agreement will be resolved through binding arbitration in accordance with the American Arbitration Association’s rules. Arbitration will take place within 90 days of the initial demand, and the written decision of the arbitrators will be final and binding.
EQUITABLE RELIEF
In the event of a breach of this Agreement, either Party may seek injunctive relief in a court of competent jurisdiction to prevent irreparable harm.
NOTICES
Notices under this Agreement must be provided in writing and delivered by email or certified mail. Email communication will be considered received on the day of transmission.
EARNINGS DISCLAIMER
While every effort has been made to accurately represent the program and its potential, SM2 Strategic makes no guarantee of specific results. Success in any endeavor depends on a variety of factors, including personal commitment, skills, and circumstances. Testimonials and examples provided do not guarantee similar results.