BY VISITING CHICACONFIDENT.COM, AND CLICKING TO PROVIDE YOUR DIGITAL SIGNATURE, YOU ARE FULLY CONSENTING TO OUR TERMS & CONDITIONS.
[ALL Section HEADERS of this AGREEMENT are quickly Identified by their GOLD labels throughout this Document. Scan these HEADERS to find the Relevant TOPIC you seek].
EFFECT OF TERMS AND CONDITIONS SUBJECT HEADINGS
The Subject Headings of ALL the Paragraphs and Sub-Paragraphs of this Agreement are included exclusively for the Convenience of Our ChicaCustomers Only, and shall not Constitute or Impact the Proper Interpretation or Content of ANY of its Extant Provisions. Chica, the HEADINGS just Summarize where You are in the Agreement. Use them like a Street Sign, to Identify where You are in the Agreement, and What Specific Topic is being Discussed.
Any use of ChicaConfident.com, LLC, its name, brand, imaging, or ChicaSite, including ALL materials presented herein and ALL online ChicaServices provided by ChicaConfident.com, LLC, is subject to the following Terms and Conditions. These Terms and Conditions always apply to ALL Site Visitors, Customers, Partners and ancillary viewers of the ChicaSite. By using this ChicaSite or ChicaService, and/or ordering any online product from this ChicaSite, you fully consent to ALL these Terms and Conditions, without modification or constriction of any kind. By reading this Legal Notice, you also provide your Legal Consent to all Terms and Conditions contained herein by simply clicking on your Personal Digital Signature required to access the ChicaConfident.com site.
The Identificational terms “We”, “Us”, “Our”, “Morgan,” “Morgan Tyner,” and "ChicaConfident.com," and all uses of proprietary “Chica”-prefixed terms, all refer exclusively to ChicaConfident.com, LLC intellectual properties. All rights reserved. The term “ChicaSite” always refers to chicaconfident.com, and/or to any or all ancillary chicaconfident.com online ChicaWebinars, either directly or indirectly connected with ChicaConfident.com, LLC’s ChicaSite. Also, any use of the proprietary terms “ChicaUser,” “You,” and/or “Your,” refers either to the chicaconfident.com ChicaSite’s service-providing ChicaPartners, our company’s paying ChicaCustomers, or any other incidental ChicaVisitors to the site otherwise uncovered by this Agreement. We’re not about these fancy names, but they’re necessary and binding. Our Lawyers are serious...the Suits don’t do glamour!
ChicaConfident.com provides a valuable virtual ChicaCommunity. Here, ChicaUsers can access ChicaResources on Personal and Entrepreneurial Development, Blogger Influencer Development, Sales and Marketing Development, Small Business Development, and finally, Management and Business Model Development.
All ChicaWorkshops, including all proprietary ChicaContent and ChicaServices provided through our exclusive online ChicaAcademy or ChicaConfident.com Site, and all materials obtained (either intentionally or inadvertently) through any other Portal where ChicaUsers may find and/or purchase online ChicaWebinars, ChicaWorkshops, and ChicaPro Community Membership subscriptions, and any or all of Our related ChicaProducts, are now and always the exclusive proprietary Property of ChicaConfident.com, LLC and its Founder.
Excluding our free ChicaBlog and the Monthly ChicaPro Community Paid Membership, ALL other ChicaConfident.com Products and Services have a Specifically Designated Remunerative Value (listed on the ChicaSite) that is legally Owed by (and expected to be Paid In Full by) the ChicaCustomer, by means of Paypal and/or a Valid Debit or Credit Card. The Verifiable Payment Card must reflect the Verified and Matching Name of the ChicaCustomer at the Time and Point of Purchase. Payment for Services Rendered is ALWAYS required up-front, because these ChicaProducts and ChicaServices specifically assist the ChicaCustomer in harnessing her Inner Chica™️ for her own personal economic Empowerment, Benefit and Profit. Fair is fair, Chica!
FREE NOTICE: Voluntarily and without any legal obligation, ChicaConfident.com from time to time (of its Own free will and its Own exclusive duration and discretion) will provide FREE Products and Services for Our own Promotional purposes only, which are ALWAYS without Remuneration, but ONLY when specifically labeled as “FREE” by Us on Our Site as it currently appears. If the FREE OFFER insignia ceases to appear on the Site, the Product or Service formerly in question is NO LONGER FREE!
For Example: For Market Research Purposes only, from time to time, Morgan will select a random sampling of Chicas as part of a quality-control ChicaBetaTest. The Goal here is to try out as-yet-unpublished ChicaProducts and ChicaServices, for the Purpose of determining needed improvements, increasing efficiency, and measuring overall Product efficacy. Participants in these Tests receive as FREE only the Products and Services being Beta Tested.
Active, Formal Membership in the ChicaPro Community Membership shall require Complete Remuneration that will be Recurrently Billed and Fully Remitted on a Monthly Basis, due on the MONTHLY MEMBERSHIP PAYMENT DUE DATE. This MONTHLY MEMBERSHIP PAYMENT DUE DATE shall be designated from the numeric monthly date of your first ChicaPurchase, and will be repeated thereafter, recurrently charged on that same monthly date number for each and every subsequent month of your CHICAPRO COMMUNITY MEMBERSHIP, in perpetuity. So, if You are asked to Participate, jump right in! After all, Chica, the best things in life really are FREE!
NOTICE OF CANCELLATION: Remittance shall be accepted ONLY through the Official ChicaConfident.com’s PAYMENT PORTAL, located ONLY within Our ChicaConfident.com ChicaSite. This legally-required Remuneration Payment is always considered legally separate and apart from any other Remuneration Payment owed by the ChicaCustomer’s prior or subsequent free-will purchase of other ChicaProducts and ChicaServices to be found anywhere on Our ChicaSite. The ChicaCustomer consents (in FULL and without exception) to regular monthly billing for ALL billed ChicaProducts and ChicaServices.
Billing and ALL subsequent Billing Remuneration Payments shall continue monthly, unless provided in advance by the Customer of Record with a WRITTEN NOTICE OF CANCELLATION RECEIVED NO LESS THAN 30 DAYS BEFORE THE INTENDED DATE OF CANCELLATION. This Cancellation E-mail must be received from the official email account used in your original ChicaRegistration. Alternative E-mail accounts are not verifiably matching, and therefore will not constitute your fulfillment of your required legal notice of the necessary 30-day cancellation. In such cases, Billing will Continue. IT IS YOUR RESPONSIBILITY to follow the above procedures, and sign your CANCELLATION E-mail with your own personal Digital Signature. Only THEN will you receive an E-mail confirmation of your MEMBERSHIP CANCELLATION, and only upon receipt of this written official confirmation from CHICACONFIDENT.COM of your Cancellation, is your Membership and cancelled, and your Billing shall cease. Morgan wants you to know that she loves you, Chica...now do the right thing!!!
USE OF THE SITE + SERVICE
To access or use this ChicaSite, you legally affirm that your age is 18 years or older, and that you have the legal right, requisite power and personal authority to enter into these legal and financial Terms and Conditions. Anyone under the age of 18 is PROHIBITED from using the ChicaSite. If you’re under 18 and reading this, I’m impressed, but that said, “Come back when you’re 18.” See ya!
NO SITE OR CONTENT EDITING BUT BY US! ALL Information provided either on the Site or through other ChicaServices that is related to Marketing, Small Business Management, Female Entrepreneurship, and other content, is exclusively subject to ChicaConfident.com’s editing, revision, inclusion, and even elimination from both its online ChicaSites and its related Consulting materials. Morgan Tyner makes no representation or guarantee that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. It is the sole opinion of Morgan Tyner. Morgan really likes you, but she categorically disclaims any and all liability for any perceived inaccuracy, error, omission or unclarity in the Content!
REMEMBER: In order to use ANY ChicaConfident.com Products & Services, You are required to provide Accurate and Complete ChicaUserInformation about Yourself, including Your Legal Name, Personal Email Address, as well as Your chosen ChicaUsername and ChicaPassword. You LEGALLY CONSENT (as a condition of both ChicaMembership and of being any type of official ChicaCustomer) that ANY and ALL ChicaRegistration Information that is given by the ChicaCustomer to ChicaConfident.com and/or to Morgan Tyner, is legally assumed to be Accurate, Up-to-Date, and Legally Binding. Take this seriously, FakeChica!!!
Therefore, failure to be complete, honest, or Up-to-Date concerning Your ChicaMembership and/or ChicaCustomer Account Information (including Credit Card Names and Account Numbers, your 3-digit CVC security codes on the back of your Credit Cards, and Your Card’s Expiration Dates) will result in immediate Termination of all Your ChicaConfident.com Products & Services, and Suspension and/or Deletion of Your ChicaAccount at the sole discretion of ChicaConfident.com and its Management. ChicaConfident.com is always about ChicaAuthenticity and unleashing your best ChicaSelf. Why pretend to be anyone but YOUR Authentic ChicaSelf? Not good, Chica! It goes against Our ChicaMission.
Your ChicaAccount may NEVER be used for ANY Illegal or Unauthorized purpose. You must not (in using or attempting to use Our ChicaServices, ChicaProducts, and/or ChicaMembership) violate any applicable Laws in any legal jurisdiction. Morgan Tyner and/or ChicaConfident.com always reserves the legal Right to Refuse Service to Anyone, based on their intentional or unintentional Provision of false, incomplete, inaccurate or deceptive ChicaAccount Information. Chicas, Remember: we just don’t EVER tolerate “Illegal” in Our ChicaCommunity.
You may use Our ChicaSite (and all its inclusive ChicaPro Community Memberships, ChicaProducts, and ChicaServices) for Lawful purposes only. Your ChicaAccount cannot be used for any Illegal or Unauthorized Purposes of ANY kind. You may NEVER, in the Use of Our ChicaSite and its ChicaServices, violate ANY applicable Laws in Your (or any other) jurisdiction. Again, We really don’t do illegal. Follow the ChicaRules!
SIMPLY BY REGISTERING ON OUR ChicaSite WITH YOUR Personal Digital Signature, YOU ARE THEREBY MADE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ChicaPurchases, MADE EITHER BY YOU, OR BY SOMEONE ELSE ACTING VICARIOUSLY THROUGH YOUR ESTABLISHED ChicaSite Account. You LEGALLY CONSENT (in FULL and without Exception or Restriction) TO USE THE ChicaSite TO PURCHASE ChicaServices, ChicaProducts, OR ChicaPro Community Membership, FOR LEGITIMATE NON-COMMERCIAL PURPOSES ONLY. Chica, keep your ChicaAccount info Private. You’ll be glad you did!
You shall not post or transmit through Our ChicaSite any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, discriminatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, containing injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil unrest, liability or otherwise violate any applicable Law. Chica, If you don’t have anything nice to say, then this isn’t the right Site for You to say anything at ALL. Remember, This is ALWAYS a positive, encouraging ChicaCommunity for ChicaEntrepreneurs ™. If you don’t dance to the ChicaTune of ALL Our Songs (the ChicaRules), then You’ll be asked to leave Our ChicaParty (and nobody likes getting thrown out of Our happening ChicaParty)!
REFUSAL OF SERVICE
Morgan Tyner and ChicaConfident.com reserves the exclusive Right to Refuse Service to Anyone (Person or Entity) for any Reason. Morgan Tyner and ChicaConfident.com further reserve the exclusive Right to limit the numbers and/or class sizes of ChicaMemberships and ChicaParticipants in any given ChicaWebinar associated with ChicaAcademy or ChicaConfident.com. Furthermore, Morgan Tyner reserves the Exclusive Personal Right as Founder of ChicaConfident.com, LLC, to change or discontinue ANY aspect or feature of the ChicaSite or ChicaAcademy at ANY time she deems fit, or as circumstances may require. Hey Chicas, Remember: My Company, My Way! You’ll be the same way when you get your own Site ChicaRolling!
Whenever you place an order for ANY ChicaProduct or ChicaService, We will automatically E-mail you a Confirmation of ChicaPurchase to confirm the placement, acceptance and receipt of Your order. Your Confirmation of ChicaPurchase will contain the relevant details concerning ALL ChicaProducts or ChicaServices to be delivered. In the unlikely event that You the ChicaCustomer find this Confirmation of ChicaPurchase to be in Error, it is YOUR RESPONSIBILITY to inform us IN WRITING BY E-MAIL WITHIN 72 HOURS. Help make ChicaConfident.com more efficient and responsive to Your needs by keeping your Order information accurate. So, make sure you get your Order exactly right the first time. Double-check it! We really love Our Chicas, & Our 2 ChicaGoals are (1) To GET YOUR ORDER RIGHT, and (2) To HELP YOU GROW YOUR ChicaBusiness!
Once you’ve signed up for a monthly ChicaPro Community Membership Subscription with Us, then the Subscription renews automatically each month. Your Credit Card will be charged the stated fee at the Point and Time of Registration and Purchase. Your subscription starts immediately, as soon as Your Credit Card Remuneration clears. Our ChicaPro Community Membership is so awesome that we know you’ll NEVER want to cancel! These Chicas will become Your TRUE Online Family, a Source of Support and Inspiration!
CANCELLATIONS, REFUNDS & RETURNS
All purchased online ChicaProducts and ChicaServices are downloadable from Our ChicaSite once payment is confirmed, and are accessible thereafter through Your Personal ChicaLogin. All Online purchases are considered final. (See the Refunds Section for all Refund Policies and Procedures). All live online ChicaAcademy Webinars & ChicaPro Community Memberships encompass a specific time period. Refunds can be obtained no later than 48 hours before the first day that ChicaAcademy Webinars begin.
ABSOLUTELY NO REFUNDS FOR ChicaAcademy ONCE WEBINARS HAVE BEGUN. If you’d like to cancel Your monthly ChicaPro Community Membership Subscription, you may do so no later than 30 days from the time of Our receipt of a personal E-mail notice of Your Written Intent to Cancel Membership. This Cancellation Notice must be written by the ChicaMember, then sent to Us by way of the officially registered E-mail address of the cancelling ChicaCustomer. Then (and only then) your ChicaPro Community Membership charges shall cease, after receipt of your Cancellation Notice, beginning at the conclusion of the 30-day billing interval the following month. This Membership Cancellation Policy applies only to online ChicaServices provided through the ChicaSite, and not to ancillary ChicaProducts (tangible Products such as jewelry, accessories, books, ChicaPresets, E-books, etc.) periodically made available by the Company through ChicaConfident.com, LLC. Those ChicaProducts have a standard 30-day written notice, with Return of Product and ChicaReceipt required for all Refunds to be considered. Chica, You’re gonna love ChicaConfident.com’s plethora of Authentic,
Disclaimer: We pledge both to describe and display our ChicaProducts and ChicaServices as accurately as possible, to help You make the best ChicaBuying decision. While we try to be as clear as possible in accurately defining our ChicaProducts and ChicaServices, our ChicaSite, like any other, may not always be entirely error-free. As any Blogger knows, Typos happen! From time to time, we may need to correct unintended errors in Pricing and Product description, because we might not have drank enough potent and yummy coffee the day we erroneously published something. So, We at ChicaConfident.com Reserve the Vendor Right to Refuse or Cancel any Order with an incorrect price or ChicaProduct/Service listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on this ChicaSite any artwork, photos or other digital Materials (collectively labeled “Materials”) protected by copyright, trademark or other proprietary legal right, without the expressed written permission of the copyright owner, Trademark Owner, or proprietary right holder. The burden of determining whether any Materials are so Protected rests entirely on You. Chicas, It really izzzz on YOU! You really will be liable for any Damages resulting from any Infringement of Copyrights, Trademarks, Proprietary Rights, or any other harm resulting from Your unlawful Submission onto our ChicaSite.
No action on Your part shall leave Morgan Tyner or her Company liable in ANY way, for ANY reason, against ANY claim against herself or her Company, resulting from any unauthorized posting by You of legally protected Materials to the site. For all Materials You submit to the ChicaSite, You automatically take FULL legal responsibility and ownership that You have the legitimate legal authority to use and distribute these Materials, and that such use or display of these Materials will not violate any known laws, rules, regulations or rights of third parties in this or any other jurisdiction.
Morgan Tyner and ChicaConfident.com, LCC, also reserves the right to remove from the ChicaSite any Materials submitted by you that Management deems inappropriate for the site, or that appears proprietary, or that violates any or all of these Terms and Conditions.
EARNINGS DISCLAIMER: When addressing financial matters regarding any of our ChicaSites, Videos, Newsletters, Programs or other related ChicaContent, We’ve taken every effort to ensure that We accurately represent our ChicaPrograms. We honestly have delimited the scope of Our Products’ and Services’ abilities to grow and develop your Entrepreneurial ChicaBusiness and thereby improve your ChicaLife. However, the Company does not (nor cannot) guarantee that You will necessarily get any specific level or nature of results from our ChicaSite. Nor can We (or do We) guarantee in any way that You will automatically earn any money simply by using any of our proprietary ChicaIdeas, ChicaTools, ChicaStrategies or ChicaConsulting. Earnings are dependent on Your learning, Your work ethic, and Your business model--not on Us. So hear me, Chica: nothing on our ChicaSite is a promise or guarantee of any kind to you of future earnings. You will get what you earn, and you will earn after you learn!
YOU, THE CUSTOMER, EXPRESSLY ACKNOWLEDGE THAT YOUR OWN USE OF MORGAN TYNER’S CHICACONFIDENT.COM PRODUCTS OR SERVICES IS SOLELY AT YOUR OWN RISK.
By purchasing any ChicaProduct or ChicaService created by Morgan Tyner and/or CHICACONFIDENT.COM, LLC through your Electronic Signature, you fully Understand, Acknowledge, and Consent that You alone are solely and fully Responsible for your own ChicaProgress. You as a voluntary ChicaParticipant are therefore personally Responsible for all Outcomes resulting from your own voluntary level and quality of Participation in our ChicaSite. What a Chica puts in, a Chica gets out!
We at ChicaConfident.com, LLC, offer NO Representations, Warranties or Guarantees of any kind (either verbally or in writing) regarding your personal ChicaEarnings, ChicaBusiness profits, ChicaMarketing performance, numeric ChicaCustomer growth, or any related ChicaResults of any kind. Chica: You alone are solely Responsible for Your own actions regarding the ChicaDevelopment, ChicaUse, and ChicaApplication of ChicaSkills, ChicaProducts, and ChicaServices obtained through our ChicaSite.
ALL ChicaResults are always dependent on Personal ChicaFactors fully discussed on the ChicaSite, including (but not necessarily limited to) your personal ChicaSkills, ChicaKnowledge, ChicaAbilities, ChicaDedication, ChicaBusiness savvy, ChicaPartnerships and ChicaFinancial condition. Through Your Electronic Signature, You also legally Acknowledge that any ChicaTestimonials or ChicaEndorsements by other ChicaCustomers or ChicaAudiences represented in or by ANY of Our ChicaPrograms, ChicaSites, and/or ChicaContent (including Chica Landing Pages, Sales Pages or exclusive Promotional Offers) cannot be scientifically evaluated by us for Universal Effectiveness, and as such hold no legal Liability of any kind on the part of ChicaConfident.com, LLC. Hey Chica, Remember: ChicaBusiness is not just Science. It’s also an arbitrary Art that must be practiced and improved by ChicaEntrepreneurs. Your individual ChicaMastery only comes over time!
Therefore, any and all ChicaResults experienced by Our ChicaCustomers may vary significantly, due to no Liable fault of any kind on behalf of ChicaConfident.com, LLC. So, any and all ChicaStatements outlined on Our ChicaSite, Our ChicaPrograms, Our ChicaContent, and ChicaProducts and Services, are simply Our arbitrary ChicaOpinion. These ChicaOpinions are NOT universal or legally binding in any way. Nor is there any profession of legally enforceable Guarantees, Outcomes, or Promises of Your actual ChicaPerformance by the Company. We NEVER offer ANY legally-regulated Professional, Legal, Medical, Psychological or Financial Advice of any kind, and therefore as a Company have ZERO legal Liability for your ChicaApplication of Our ChicaOpinion. Chica, Our Advice is ALWAYS ChicaFriendly but never legally binding!
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
Morgan Tyner (and the entirety of Our CHICACONFIDENT.COM, LLC Company) claims total and complete Ownership across time of ANY and ALL ChicaCustomer-produced Materials brought online into Our ChicaSite. These include ALL posted videos, still photos, text messages, written responses, emojis, test answers, blog discussions, and any other communicative digital material produced in the midst of ChicaEducational and other related ChicaActivities, which you as a ChicaCustomer supply online to Morgan Tyner (and the entirety of Our CHICACONFIDENT.COM, LLC Company). Remember: If it lands on Our Site, it belongs to Us, Chica! We WILL Patrol! 👮
As the exclusive Owners of all ChicaContent, We Reserve the Right to remove any and all postings and uploads of prurient, offensive, violent, sexist, racist, profane, illegal-substance-based, partisan political, stereotypical or attacking Materials, whether text-based, image-based, graphic-based, or audio-based, of any kind. We will NOT tolerate any Communicative Materials which may legitimately offend Our ChicaMembers are not consistent with Our ChicaValues and Our ChicaMission. We Reserve the Right to permanently Remove the Content and/or its ChicaCreatorAccount from Our ChicaSite. Remember, again: If it lands on Our Site, it belongs to Us, Chica! We WILL Patrol! 👮
However, the simple, Individually-determined, freewill Act of Posting any and all Materials to the ChicaSite, automatically conveys an irrevocable, worldwide License exclusive to Morgan Tyner (and the entirety of Our CHICACONFIDENT.COM, LLC Company). It is for Morgan’s ultimate Use, Control, and Ownership ONLY, and Her Exclusive Right to Distribute ANY, ALL, or NONE of the Materials posted by either Herself, or others using or on Her ChicaSite, in connection with Morgan Tyner’s Company and any related Morgan Tyner ChicaProducts, ChicaServices, ChicaPublications, or ChicaPartnerships. Remember, Chica: It’s Morgan’s Digital and Legal World. She Created It; You’re just living in it!
COPYRIGHT INCLUSION AND INFRINGEMENT POLICY
ChicaConfident.com, LLC fully supports and enforces all Copyrights and its concomitant procedures on ALL of Its ChicaSite. To Protect both the ChicaCustomer and Our Company from any and all legal Liability (perceived or actual) which might accrue or (be perceived to have accrued) to a ChicaCustomer, ChicaSite Visitor, or an otherwise unspecified Third Party, THE FOLLOWING POLICY IS IMPLEMENTED WITHOUT EXCEPTION.
The Company TOTALLY PROHIBITS ANY AND ALL PREVIOUSLY PROTECTED COPYRIGHTED CONTENT (WHOSE RIGHTS ARE HELD BY YOU AND/OR OTHERS), AND ALL NEWLY SUBMITTED NON-COPYRIGHTED MATERIAL WHOSE CHICAAUTHOR MAY INTEND TO HAVE IT COPYRIGHTED IN THE FUTURE, FROM BEING POSTED ON ANY CHICASITE. This Includes being ChicaPosted, Uploaded, Texted, or Digitally Shared in Any Way By or Through Any Platform, In Any Such Manner as to Situate Any And/or All of Such Content, in any Form, on Any and/or All ChicaSites. Violators will have their Illegal Content removed from the ChicaSite as soon as it appears and is Identified. After one warning, any Repeat Violator to the CopyRight Policy will have their ChicaAccount suspended and/or Terminated immediately, at Morgan’s sole Discretion. Chica, We want you to stick around! So, if you wanna stay in the ChicaParty, then by all means, Dance in step to Our ChicaTune!
ALL LEGAL LIABILITY WILL REMAIN SOLELY UPON THE CHICACUSTOMER FOR ANY SUCH ILLEGAL AND/OR PROHIBITED POSTING, TEXTING, and/or UPLOADING ACTIVITY ON OUR CHICASITES. Through your Digital Signature, and by Submitting any and all online Material to Morgan Tyner and Her ChicaSites, (along with the entirety of Our CHICACONFIDENT.COM, LLC Company), you Legally Certify that Your Provided Content is totally COPYRIGHT-FREE, and holds NO Liability for ChicaConfident.com, LLC. Your Digital Signature also Certifies that you cannot hold Morgan Tyner and/or Her Company and its Associates) as Liable for any and/or all legal Liability claims. Chica: Don’t post or upload stuff that doesn’t belong to You. If it’s not in the Public Domain, it will cause you serious legal pain!
It is immaterial whether these Claims are based on either Perceived or Actual Liabilities, and/or whether Expected or Unexpected Expenses may (partially or fully) accrue to You or Third Party Claimants working out of any (potential or actual) Copyright or Trademark Misappropriation or Infringement that is committed by You against Others. Such Claims made against You (the ChicaCustomer or ChicaSite Visitor), by any Copyright or Trademark-holding Third Party is thus by definition outside of Our Company and its purview. We are NOT Responsible for any Copyright or trademark Violation committed by YOU on Our ChicaSite against our Policies and/or applicable Laws, in any way whatsoever. Chica: If you won’t do the time, don’t commit the crime! Be original. Be Chica!
OUR INTELLECTUAL PROPERTY
ALL ChicaContent provided on Our ChicaSite and provided by Our ChicaServices, including all ChicaProducts, Our online ChicaAcademy (including all ChicaWebinars), and ChicaProCommunity Membership Materials are the exclusive Intellectual Property of Morgan Tyner. The content of all Her ChicaSites and ChicaServices are protected by United States Trademark and Trade Dress (i.e., Our Logo, Our Product Emblems, and Our ChicaSite Content). They are Copyrighted and Trademarked to the FULL extent allowed by State and Federal Law. You may NOT modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in ANY way exploit in any format whatsoever any of the Content of the ChicaSite and/or ChicaServices, in Whole or in Part, without the expressed, exclusive, prior, Written Consent of Morgan Tyner. You may NOT Remove any Trademark, Copyright, or other Notice from any posted ChicaContent contained within the ChicaSite or its related ChicaServices. Chica: Leave Others’ Copyrights and Trademarks ALONE!
We Reserve the absolute, exclusive Right to immediately remove You and Your Content from ALL Our ChicaSites and ChicaServices, without Refund, and to concurrently Pursue all available legal Remedies against YOU, if you are EVER caught violating this Intellectual Property Policy. You can be civilly liable Yourself for such activity. Our Company will fully Exercise its legal Rights for the Protection of both Itself and Our ChicaCustomers as needed. So, Chica: In other words, Don’t Steal. You won’t get away with it!
AMENDMENTS TO TERMS AND CONDITIONS
ChicaConfident.com, LLC and/or Morgan Tyner reserve the exclusive and absolute Right to Amend any and/or all of Our Terms and Conditions at ANY time. Such changes are Binding, and will remain in effect in perpetuity, unless a subsequent Amendment to Terms and Conditions should be issued that directly supercedes the currently standing Terms and Conditions. Amendments to Terms and Conditions are thus effective Immediately upon Our Posting Online. ALL Amendments to Terms and Conditions will always appear Online on ANY and/or ALL of Our impacted ChicaSite pages.
So, ANY Use of the ChicaSite or its ChicaServices by You the ChicaCustomer or ChicaVisitor (subsequent to being notified of any Amendments to Our Terms and Conditions through Your Digital Signature) means that You automatically LEGALLY CONSENT to abide by ANY and ALL of these Posted Amendments to Our Terms and Conditions. We the Company Reserve the absolute and exclusive Right to Revise any and all portions of Our ChicaSite and its related ChicaServices, including these Terms and Conditions, at any time. We will Post Online the most recent versions of the Revised Terms and Conditions on Our ChicaSite, and shall specify the effective dates of these Amendments on these Amended pages of Our Terms and Conditions. Chica, pay attention to Amendments to the Terms and Conditions. Chica: You must abide by ALL Amendments to Our Terms and Conditions. They keep Us moving forward together!
LIMITATION OF LIABILITY
You agree that under NO circumstances whatsoever shall the Company and/or Morgan Tyner be legally Liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of Your Own completely Voluntary Use of our ChicaSite. You shall always remain under Our Terms and Conditions when utilizing Our any or all of ChicaProducts and ChicaServices. Additionally, the Company and/or Morgan Tyner is not Liable for any or all perceived or actual Damages thought to be in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure experienced through Your interaction with Our ChicaSite; (ii) Any loss of Your partial or total Revenue, Your anticipated Profits, loss of Your Business itself, Your personal Savings, Your Goodwill Reputation, or proprietary Data; and (iii) Third Party theft of, destruction of, unauthorized access to, alteration of, or use of, your information or property. This is without regard to any perceived or actual gross Negligence, failure of the ChicaSite to technically function properly, and whether any such perceived Liability arises out of negligence, contract, tort, or ANY other theory of legal Liability.
ALL the foregoing applies to ALL ChicaConfident.com ChicaCustomers and/or ChicaVisitors. This is true even if Morgan Tyner and/or ChicaConfident.com, LLC have been advised of the possibility of Liability, or if it is perceived by the ChicaCustomer and/or ChicaVisitor that ChicaConfident.com, LLC and/or Morgan Tyner could have (or should have) foreseen any and all claimed Damages. In those States which do not allow the exclusion or limitation of Liability for such perceived or claimed Damages, our actual Liability shall be limited to the smallest possible extent of remuneration for Damages permitted by Law. Under NO conditions whatsoever shall Morgan Tyner’s (and/or the Company’s cumulative Liability to you), exceed the total purchase price of the ChicaService or ChicaProduct that You have voluntarily purchased through Your free-will Digital Signature on Our ChicaSite. If a purchase of ChicaProducts or ChicaServices directly corresponding to Your accusation of Our Liability has NOT actually been made by You, then Morgan Tyner’s cumulative and total actual Liability to You under ANY such circumstances and for ANY such ChicaCustomer-perceived Reason, shall be limited to, and shall never exceed, $1. Chica: We love You. So, don’t sue Us! You won’t get far and Our highly Skilled and Confident Lawyers are hungry and prepared for Victory!
THIRD PARTY RESOURCES
For Your convenience, Our ChicaSite (and ALL its related and self-contained ChicaProducts and ChicaServices), contains helpful links to external Third Party Websites and Resources that are not legally or financially related to (or owned by) the Company in any way. Links to such Third-Party Websites or Resources do not EVER imply any Endorsement of that Third Party Entity by (or any Liable affiliation by) Morgan Tyner and/or the Company. You therefore fully Acknowledge and Consent to Sole and Total Legal Responsibility for any Damage-causing Events leading to harmful Outcomes of perceived Liability that may occur in a situation in which You have Voluntarily connected with Third Parties through Our ChicaSite portal. Therefore, You fully Acknowledge and Consent that Morgan Tyner and ChicaConfident.com, LLC has ABSOLUTELY NO Liability for acts committed by You and/or the Third Party, in any context, whatsoever. Chica: You are Responsible for everything that happens on any Site You may Visit through Our ChicaPortal that is not Our ChicaSite!
[So, You Acknowledge and Consent with your Digital Signature that we are NEVER Responsible or Liable for any eventuality in which Our Availability, Content Sufficiency or Accuracy, or Third Party Website Policies or Resources, create any perceived Damage to You Our ChicaCustomer and/or ChicaVisitor, either through Us or through any Third Party Entity or Entities].
PROVISION OF YOUR ASSISTANCE IN THE CASE OF ANY LEGAL LIABILITY
IN ALL CASES, You shall hold us Harmless and Without Legal Liability from and against any and all Losses, Damages, Settlements, Claims, Costs, Charges, Assessments and Expenses, as well as Third Party Claims and Causes of legal Action. This includes (without limitation) Attorneys’ Fees arising out of any Breach of Agreement by You of any and/or all of these Terms and Conditions. It also applies if any Claim is due to Your Voluntary Use of Our ChicaSite or of Your Use of the ChicaProducts and ChicaServices contained therein.
Should litigation ensue, You Legally Consent to fully provide Us with such Assistance, without charge, as We may request in connection with ANY such necessary Legal Defense, including (without limitation), providing Us with such Information, Documents, Records, Testimony and Reasonable Access to You, as We and/or Our Legal Counsel and their Representatives deem necessary. You have No legal Right to settle any such Third Party Claim or Waive any Defense involving Morgan Tyner and/or ChicaConfident.com, LLC, without receiving our Prior Written Consent. Chica, if You use a Third Party Site through Our Portal, and We get Sued, then You’ve gotta help defend Us!!!
NO Provisional Waiver of ANY and/or ALL of the total Provisions contained within this Agreement entered into Voluntarily by You the ChicaCustomer and Morgan Tyner and/or ChicaConfident.com, LLC, shall be deemed, or shall Constitute, a binding Permanent Waiver of any specific Permanent Provision originally present within the Agreement. This is without regard to whether or not the Permanent Provisions and Temporary Provisions are similar. Nor shall any Temporary Waiver EVER constitute a Permanent Waiver. Furthermore, NO Temporary Waiver of any kind or of ANY duration shall be legally Binding, unless it is Executed in Writing by Morgan Tyner and has a stated Date of Waiver Beginning and Date of Waiver End for the said Temporary Waiver. Chica, ALL Temporary Waivers are just that---Temporary! They all will have a Date of Beginning and an Expiration Date. Those Dates are like Digital Fences: they are ChicaBusiness Boundaries. Remember: Good fences make good neighbors!
ALL ChicaCustomer correspondence, including all Legal Notices, Requests for Assistance, and any other proprietarily-related Communications (addressed or unaddressed) under this Agreement must be Communicated in Writing in order to get a response. Please Address Your Correspondence as follows:
ChicaConfident.com, 209 Pinecrest Lane, Fairhope, Alabama, 36532
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be strictly Construed and Interpreted in Accordance with (and exclusively governed by) the applicable laws of the State of Nevada, as properly applied to ALL Parties Voluntarily entering into this Binding Contract, which is being executed and performed entirely within and under the purview of Nevada law.
The Exclusive Legal and Jurisdictional Venue for any Arbitration or in-Court proceeding based on (or arising out of) the Legal Construal and Interpretation of the Terms and Conditions of this Agreement shall be exclusively held within the physical Court and legal jurisdiction of Baldwin County, AL. ALL Parties FULLY CONSENT to Resolve any Dispute, Claim or Controversy arising out of (or relating to) this Agreement through Voluntary Court Mediation.
Such Mediation shall be Conducted under the Officially-recognized Mediation procedures of the CPR Institute for Conflict Prevention & Resolution, or another professionally-recognized MediationProcedure upon which the Parties may alternatively and by unanimous Agreement choose; or in the Event that the presiding Judge shall Order another Mediation method. ALL Parties further Consent that their respective good faith Participation in said Mediation is a pre-condition, necessarily precedent in time, before any Parties may file for or pursue otherwise available Legal or equitable Remedies, including Litigation, Arbitration or other Dispute Resolution procedures. Chica, save these Technicalities for the Lawyers. Don’t put Yourself in a position to need one. Follow the ChicaRules!!!
RECOVERY OF LITIGATION EXPENSES
If ANY Legal Action, ANY Arbitration, or ANY OTHER Proceeding is legally undertaken by Morgan Tyner and/or ChicaConfident.com for the purpose of Enforcement of ANY and/or ALL of the Terms and Conditions of this Agreement.
A legal Allegation of Dispute, Breach, Default, or Misrepresentation by or against either the Company and/or Morgan Tyner, may be undertaken by a ChicaCustomer or ChicaVisitor, who is Contesting ANY and/or ALL of the Terms and Provisions of this Agreement.
However, upon final legal Adjudication by the presiding final Authority, the prevailing Party or Parties shall be Entitled to Recover reasonable Attorneys’ Fees and other Costs incurred in that Action or Proceeding (not including any other Relief to which the Parties may be Entitled).
Rebel Chica: If you force Our Lawyers to WORK by suing Us, then when We WIN (and we WILL Win!), You will be REQUIRED to pay ALL Our Attorneys’ Fees, plus any related Expenses. Word to the Wise: Don’t Risk it!
If any Term, Provision, Covenant, or Condition (within the specified Terms and Provisions of this Agreement) is finally and legally Judged by an Arbitrator (who is presiding over the final Court of legitimate Jurisdiction, as defined by the extant Agreement) to be either Invalid, Void, or Unenforceable, then the Remainder of this Agreement shall continue to function with the full force of Law.
The striking down of a particular Provision incorporated in this Agreement (by legal decision of the final judicial Authority) in no way Invalidates, Voids, or makes Unenforceable the remaining Agreement Writ Large, unless so specified by that final Authority. Otherwise, Severability of this Agreement shall be upheld, except in cases so ordered by the presiding final Authority. The legally-supported, remaining Portion of this Original Agreement shall remain in full Effect. The upheld Portion of Our Agreement will in NO WAY be Denied, Constricted, or Reinterpreted, with regard to the Plaintiff’s Responsibilities to Morgan Tyner and ChicaConfident.com, LLC. Chica: Winning a Battle over one Issue in Our Agreement doesn’t necessarily win the War to Alter the entire Agreement! You still must follow ALL its remaining Terms & Conditions.
SUCCESSORS & ASSIGNMENT OF INDIVIDUAL RESPONSIBILITIES AND ROLES
ALL Terms and Conditions in this Mutual Agreement are Written and Intended expressly to Bind and Inure both Parties for the purpose of shared Reciprocal Benefits (quid pro quo) with regard to both Parties’ Successors and Assigns. Nevertheless, ALL extant Terms and Conditions are NEVER Assignable, Delegable, Sublicenseable or Otherwise transferable by You the ChicaCustomer, ChicaVisitor, or Third Party, unless You receive the Written, Directly Expressed, Legal Consent of Morgan Tyner and/or ChicaConfident.com, LLC. Any Transfer, Assignment, Delegation or Sub-licensing attempted by You the ChicaCustomer, the ChicaVisitor, or any other Third Party, is expressly Invalid without the Directly Expressed Written Consent of Morgan Tyner and/or ChicaConfident.com, LLC.
After actual written Approval, ALL Successor and Assignment Claims and their Changes must be maintained in Writing on file with Morgan Tyner and ChicaConfident.com, LLC. Otherwise, the Company and Morgan Tyner are not Bound by any such Changes, nor are we Obligated legally in any way to Retroactively acknowledge or Consent to any such changes, without Written approval from Us.
If the Documentation of Your Successor or Assignment Change Request and Approval for those Changes has not been Received within 30 days of the Company’s affirmative Response, We reserve the Exclusive Right to protect the Clarity and Specificity of Our Client Records and Privileges at all times by denying that Claim.
This Protection of Our Terms and Conditions is fulfilled by denying ANY and ALL Spurious Claims for such Assignment and Successor Changes, defined as Claims that violate any of Our written Provision Requirements concerning Successor and Assignment Changes stated within the above Provisions of Our Terms and Conditions.
Chica: If YOU want to make Written Changes to Our ChicaAgreement, then You MUST FIRST Write the Company and make Your specific Change Request known in ChicaWriting to Morgan. Then, the specifics of Her decision will be made and will likewise be sent to You Online in Written Form. Nothing shall Change if and until You are Contacted in Writing by Morgan and/or Her duly and Officially recognized Agent through ChicaConfident.com, LLC.
EVERY Effort has been made to accurately Represent the ChicaConfident.com, LLC brand, Our ChicaMission, ChicaValues, ChicaPurpose, ChicaBusiness Model, and ChicaProfit Potential for participating ChicaCustomers (mitigated by both Internal and External ChicaFactors stated earlier within this Agreement’s Terms and Conditions).
If YOU have Unresolved Questions about ANY aspect of ChicaConfident.com, its ChicaProducts, ChicaWebinars and/or its Consulting ChicaServices, especially those related to YOUR Potential Profitability and Our Company’s lack of any Liability for YOUR personal technical mastery of Our ChicaContent and uniquely Entrepreneurial business application of Our ChicaProducts and ChicaServices, please E-mail Us. Chica: Don’t hesitate to E-mail Us if You’ve got a Tough ChicaQuestion. Don’t Forget, answers to your basic ChicaQuestions can be found on the FAQ ChicaPage.
This ChicaSite and the ChicaProducts offered therein are NOT Associated, Affiliated, Endorsed, or Sponsored by other Third Party Businesses, including Facebook, Twitter, Instagram, and ALL other similar Social Media Outlets. Nor have these Third Party Companies been Reviewed, Tested or Certified by Our Company for their Compatibility with Our ChicaPlatform, ChicaSites, ChicaProducts, and ChicaServices. So, the Company and Morgan Tyner are NEVER Responsible (or Liable) for ANY Loss of PROFIT that may be experienced by ANY particular ChicaCustomer or ChicaVisitor, when they Voluntarily engage in personal ChicaBusiness with an unrelated Third Party Company through Our ChicaSites. Chica: Break Away from ChicaConfident.com at your Own RISK!
EARNING EXPECTATIONS BASED ON CHICACONFIDENT.COM MATERIALS
There is NO ChicaGuarantee that YOU personally will EVER Earn any particular financial Level of ChicaProfit at any given Developmental Point across Time, either during or after YOUR ChicaBusiness Development and YOUR Company Affiliation is completed. This is TRUE without regard of whether YOU utilize and engage in business with ANY or ALL of the ChicaTechniques and ChicaConcepts found within Our ChicaSite Materials, and whether or not they are used Voluntarily by YOU in Tandem with other non-related Third Party Companies or Individuals.
Examples contained in these Materials are for Educational Purposes Only. ALL ChicaContent is NEVER to be construed in any way, form, or fashion as a Liable ChicaPromise or ChicaGuarantee from the Company of any particular, desired, inferred, or idealized amount to be expected as Your personal, given level of ChicaEarnings.
ChicaEarning Potential is therefore Dependent ENTIRELY upon the Chica Herself, NOT on the Company. The ChicaSuccess is the Chica who is continuously working to improve her ChicaSkills by learning first how to ChicaBlog, and then how to proceed toward ChicaBlogging Mastery. She does this using our ChicaProducts, ChicaServices, and ChicaConsulting. We do not position Our ChicaProducts, ChicaServices, or Our ChicaProCommunity as a “get rich scheme.” NO quick financial fixes here, Chica™. You’ve got to put in ALL Your ChicaTraining Time, to make ALL Your ChicaDimes!
Your uniquely Personal Level of ChicaSuccess in Attaining Personally Desired Financial Results by means of exclusively utilizing our Materials (as Stated earlier in Our Terms and Conditions) will ALWAYS depends on a myriad of ChicaFactors. Many of these are far beyond the Locus of Control and legal Liability of Our Company. FIVE FACTORS OF FINANCIAL SUCCESS include (but are not limited to): (a) the Amount of dedicated Time YOU devote to ChicaTraining on Our ChicaSite; (b) the Time spent Offsite practicing ChicaBlogging, ChicaIdeas, ChicaMethods, and ChicaTechniques; (c) Your Current Personal and ChicaBusiness Financial Condition with regard to Cash Flow; (d) the Availability and Acquisition of Outside Investment Capital to be applied to accelerate and/or Fund the development of YOUR ChicaBusiness; and (e) YOUR PERSONAL LEVEL OF TECHNICAL EXPERTISE with regard to ChicaBlogging.
Since these FACTORS OF FINANCIAL SUCCESS differ from Chica to Chica, Our ChicaEducationalMaterials (including our ChicaProducts exclusively found our ChicaSite, may contain ChicaFinancialInformation, including Statements cited from within the meaning of the Securities Litigation Reform Act of 1995. They occasionally may contain “Forward-Looking Statements,” which may provide our ChicaExpectations or ChicaForecasts of future financial or Chica-Related Events. These Forward-Looking Statements are ChicaIdentifiable by the apparent Fact that they do not relate strictly to verifiable Historical Events of the Past or Currently Demonstrable Facts of the Present. Instead, such Forward-Looking Statements rely on words such as “Anticipate,” “Estimate,” “Expect,” “Project,” “Intend,” “Plan,” “Believe,” and other Terms of similar Import and Intent. These Terms generally take on meanings similar to (or in connection with) Our earlier listed description of example Forward-Looking Terms, and are intended not to prognosticate, but to raise the possibility of, Potential ChicaEarnings or ChicaFinancial Performance, or ChicaProfits. As such, the Company and Morgan Tyner are by NO means Liable for the fulfillment of such Terms.
So, ANY and ALL Forward-Looking Statements perceived to be given or implied within Our Terms and Conditions (or falsely perceived to be Found or Implied within any of Our ChicaSales Materials) are rather expressly Intended to merely provide Our transient Opinion of ChicaEarnings potential. This Opinion ALWAYS occurs within Our given Educational context. Opinions and Examples are NEVER directly applicable to YOUR personal context, but are used for Educational purposes only, to provide ChicaStudents with practical opportunities to apply their growing but Incomplete ChicaSkills and ChicaKnowledge. The Many FACTORS identified Above will be important in determining Your actual ChicaResults, and NO ChicaGuarantees are made that You will achieve results similar to Ours or those of any Others to whom You may wish to compare Yourself. In Fact, no such ChicaGuarantees are made or implied anywhere on Our ChicaSite that suggest YOU will achieve any specific level of ChicaFinancialResults emanating from Our ChicaMethods, ChicaTechniques, ChicaIdeas, ChicaBlogs, or any other Chica-related ChicaProducts or ChicaServices Contained within Our ChicaSite.
CHICA, YOUR SUCCESS IS UP TO YOU! BUT YOU’RE NOT ALONE. You’re a valued member of Our ChicaCommunity. And We’re here to HELP YOU CLIMB THAT CHICAMOUNTAIN and HELP EMPOWER YOU TO BECOME A SUCCESSFUL CHICAENTREPRENEUR!!!
If You do not Understand or do not fully Consent in Advance to abide by ALL of these Terms and Conditions contained herein on ChicaConfident.com, LLC, please CONTACT Morgan Tyner at [email protected] BEFORE submitting Your Official Credit Card Purchase Information!
This Digital Image, Audio, & Video Licensing & Purchase Agreement (hereafter DILAVLPA) automatically applies to ANY occasion in which any Employee or Customer willfully Acts as a responsible Producer of Online Posted Content (hereafter POPC). A POPC is therefore defined as anyone who obtains and utilizes online Posting Access to ChicaConfident.com in order to Copy, Post, Edit, Blog, Share, Upload, or Download any digitally-produced, edited, or enhanced Work Product on any ChicaSite, and is directly or indirectly responsible for the Uploading, Downloading, Copying, Posting, Editing, Sharing or Blogging of that Content. All Rights Reserved!
This DILAVILPA Agreement declares that anyone who is Acting in any and/or all of the Official possible ChicaRoles [of Videographer, Photographer, Graphic Artist, Blogger, Writer, Audio Recorder, Student and/or Digital Editor] in which Work Product is Produced, Edited, Shared, Downloaded, or Uploaded] to be a POPC. This DILAVILPA Agreement imposes both all the ChicaPrivileges and their concomitant Legal Obligations included therein on all Parties engaged with any or all of the ChicaConfident.com ChicaSites in any way. So, this DILAVILPA Agreement universally applies without regard to whether the Producer’s role is working as an employed, Contracted Producer POPC’s on behalf of the Company, or is willingly participating as a non-employed Student POPC or Customer POPC, through their willful Uploading, Downloading, Editing or Blogging on a ChicaSite.
Producers are defined as ANYONE who creates, designs, edits, and/or Posts Digital Images (hereafter, DI’s) corresponding to the Work product of Graphics, Text, Photographic or Video Images, Audio, Music or Voice Recordings, and ANY similar digitally-edited or created Content arising from the Producers listed above.
ALL Work Product Owned by ChicaConfident.com
Construed as Work Product by the Producers of any related type listed above who make Work Product appearing on any ChicaSite directly associated with ChicaConfident.com. All Such DI’s placed upon any ChicaSite that is owned and/or operated by ChicaConfident.com, are therefore automatically deemed Proprietary DI’s, and as such are the permanent, exclusive sole Intellectual Property in Perpetuity of Morgan Tyner & ChicaConfident.com.
These DI’s are exclusively the property of ChicaConfident.com, and the Producers of these DI Work Products fully acknowledge their full Compensation and ALL Remuneration for their Work Product is already incorporated into their Work Agreement, with no additional compensation to be Owed to the producer or provided by the Company whatsoever. ANY and ALL Compensation for any DI WorkProduct must be specifically dictated in advance by a mutually Contractual Work Agreement signed prior to the production of any DI Work Product.
Work Product (this includes but is not limited to: proprietary Content sharing, Audio recordings, Video recordings, Photographic still images, Postings, Uploads and Downloads with or without Digital Editing and enhancements). Morgan Tyner retains exclusive Ownership over any and all POPCs’ Work Product, and is merely Licensing it to their valued Client for appropriate Client use, in exchange for its predesignated Remuneration Value. This DILAVLPA Agreement is Contractually Consented to by the Owner, and mutually Agreed Upon in Writing by the Client through their Digital Signature on the ChicaSite.
NOTICE: All Work Products created from all such POPC’s and appearing on any and/or all of Our ChicaSites becomes automatically, immediately and exclusively Owned by Morgan Tyner and/or ChicaConfident.com. ANY SUCH WORK PRODUCT may be removed, altered or edited in any way deemed necessary by the Site HOST, Morgan Tyner, or by ChicaConfident.com. All Rights Reserved.
NOTICE: If the Client intends to Purchase the Work Product in order to actually obtain external Ownership of the Work Product on Our ChicaSite please Contact Morgan Tyner for Exclusive Work Product Ownership Terms and Conditions and to schedule complete Remuneration from the Client to the Company.
BUILDING A ChicaSponsor PARTNERSHIP
Build your Business with committed, diligent demographically desirable Customers! Your Organization can easily become a ChicaSponsorshipPartner today! It’s money well spent and a sound investment step toward developing and expanding YOUR Company’s young, female, professional, and minority Customer base. We’re a great entree’ into the world of young, professional Latinas who are breaking traditional roles and becoming strong, independent entrepreneurs across the country and around the world. They’re fully Chica; they get Us, and we get Them!
NOTICE: All Corporate ChicaSponsorships ("Amigas") are done by Contract, with customized Terms and Conditions to fit the unique and evolving needs of both Our Company and Yours. So Contact Morgan Tyner today at ChicaConfident.com and get ChicaConnected with a ChicaSponsorship!
CHICACONFIDENT.COM’S ChicaSites contain many Digital Images (DI’s) and related POPC Work Products that You may wish to Own by way of Purchase, or to License for Yourself and/or Your Organization for a specified Period of Time (DI Rental!).
To Purchase any POPC Work Product that is Proprietary to ChicaConfident.com (i.e., any Digital Image as defined in the Above Sections that appear on or are uploaded/downloaded within a ChicaSite), contact Morgan Tyner for a DI Rate Card quote. ALL PRICE QUOTES are based on multiple factors, including but not limited to: (a) the type of Digital Image Content (e.g., the variant cost of a Photo vs. Video vs. Audio file vs. Graphic Arts Logo); (b) the Quantity of DI’s Purchased (larger quantities of DI’s Purchased receive pro-rated Price breaks applied to the Customer’s Cost per DI Item); and (c) Customer Competition and the Presence of Competing Demand for Exclusive Ownership of Our DI Work Product(s) by 2 or More of Our Customers.
BUYING WORK PRODUCT: ONLINE CHICA AUCTIONS & DI BIDDING
In such Multiple Customer Interest cases, We Reserve the Exclusive Right to Hold periodic ONLINE CHICA DI AUCTIONS among All interested Customer Bidders for the Sole, Exclusive Right of Permanent DI Ownership of Specifically-Determined Items. These AUCTIONS will be posted ONLY on Our ChicaSites, and will be Posted on Our ChicaSites no less than 72 hours in Advance of the Auction. These Auction Items shall ALWAYS be Selected and Priced for Auction Exclusively by Morgan Tyner. Also, there is absolutely NO Obligation on the Part of Morgan Tyner or ChicaConfident.com to Sell or put to Auction any and /or all of their Company DI’s. Such DI Sales (and the Time and Terms of Any such Approved Sale) are at the Company’s exclusive Discretion.
Potential ChicaAuction Customers have no legal Standing to force any Sale of any Auctioned DI Item. After Appearing at Auction and being selected by Eligible Customers for Bidding, the highest final BID as determined by Morgan Tyner is both FINAL and BINDING on the Company and the ChicaAuction Customer. All SALES are FINAL. All Rights and Responsibilities thereunto are thus to be borne and held by the Purchasing Customer in Perpetuity. DI Prices paid by the Auction-Winning Customer MUST reflect the HIGHEST FINAL BID of ANY Customer Bidding in the Auction. The WINNING BID MUST ALWAYS EXCEED THE MINIMUM STATED DI PURCHASE PRICE LISTED FOR THE ITEMS PRIOR TO AUCTION. This MINIMUM Price Requirement MUST be Exceeded by the Winning Customer’s Bid, PAID IN FULL IN ADVANCE OF RECEIVING THE ITEM, in order to complete a Purchase, Obtain Legal Ownership to the DI Work Product Item, and to become Eligible to thereafter Exercise both Item Ownership and Intellectual Property Rights to that specific Item or set of Items.
OBTAINING CHICACONFIDENT.COM DI WORK PRODUCT LICENSES:
The Company and Morgan Tyner Reserve the Exclusive Right to grant, at their lone Discretion, DI Licensing Rights to PAYING CLIENT CUSTOMERS who are intentionally (or unintentionally) Acting as PRODUCERS OF ONLINE POSTED CONTENT (POPC) on Our Company ChicaSites. Such Paying Client Customers are ALWAYS UNDER A SIGNED CONTRACT, which is Exclusively Available by Contacting, Corresponding with, and Signing the Mutually Agreed-upon Contract with Morgan Tyner prior to Use.
NOTICE: By Definition, ALL POPC’s Are Organizational Entities or Individuals that Produce Digital Work Product (DI’s), Work Product which immediately becomes Proprietary to ChicaConfident.com at the point of its Digital Image appearance [see earlier DI definition] on any and/or all of Our ChicaSites. This universally includes all WorkProduct which may appear either incidentally or intentionally, on ANY and/or ALL of Our ChicaSites at ANY Time, and for ANY Length of Duration, on any and/or all Our Sites, present Now and/or appearing in the Future.
The Status of being a POPC Producer is achieved Automatically upon the appearance of their DI Content on any of our ChicaSites. This is automatically TRUE BY DEFINITION, without regard to whether the DI Content appears by means of Uploading, Downloading, Editing, Blogging, Graphic Design, Student Participation, or through any other Form or Function of Digital Sharing of those DI’s, whether that be through Individuals, Organizations, Social Media Platforms, Websites, or Digital Transmission by any other available Technical means. It is also regardless of whether or not a DI’s Source of Appearance on any and/or all of Our ChicaSites was Individuated or Collective.
DI LEASE LICENSEES MUST MEET OUR TERMS & CONDITIONS:
In Practice, this means that as a Producer (POPC), the Unlicensed Use of any DI Work Product Content (either co-opted or created) for Your Own Site, the Site of another Organization, or for Personal or Commercial purposes of ANY kind, without Permission and Full Contractual Remuneration to the Company, is STRICTLY PROHIBITED.
Based Solely upon the Customer’s Complete Fulfillment of these and the following DI Lease Licensing Terms and Conditions, ChicaConfident.com and Morgan Tyner willingly grants Exclusively to its Paying Client Customers that hold a valid DI Lease License, the legal Right to use the Digital Images (DI’s) as Work Product Produced by POPC’s, as specifically Defined within their Signed DI Lease Licensing Terms and Conditions Agreement, but only for the Contractually Specified and Fully Remunerated Duration of Time. ChicaConfident.com and Morgan Tyner are free of any and/or all Responsibility and Liability for a Contracted Paying Customer’s Use of Lease-Licensed DI’s. ALL Legal Liability and Personal Responsibility not specifically ascribed to Morgan Tyner and ChicaConfident.com falls entirely and without exception to the Lessee, for Damages of any kind, not limited to but including the Customer and ANY other Third Party.
DETAILED TERMS OF THE DI LEASE LICENSING AGREEMENT:
YOU, as a Contracted ChicaConfident.com CLIENT POPC, AGREE and CONSENT to PAY Morgan Tyner, the Sole Proprietor of ChicaConfident.com, LLC, a total Monthly Digital Image (DI) Lease Licensing Fee of ________ $USD. This Monthly Payment Fulfills Monthly in its Entirety the Required Full Monthly Remuneration of Your DI Lease Licensing Fees. When Paid, this DI Lease Licensing Fee gives the Paying Customer the Contractual Right to Digitally Access specified DI’s from any and/or all specified ChicaConfident.com ChicaSites. This DI Lease Licensing Terms and Conditions Agreement specifically Includes (but is Strictly Limited to) the following DI’s LISTED BELOW:
[If longer, see the attached DI filename, URL Source & Destination Inventory…] ____________________________________________________________________________________
You as a Contracted ChicaConfident.com CLIENT POPC and Lessee, must REMIT IN FULL the $USD Amount of _______ , Due at or before the Date of Signing of this DI Lease Licensing Terms and Conditions Agreement, for access to all DI Work Product.
Today’s Date: (date)_______________.
Remittance must be received by Morgan Tyner completely PRIOR to any PAYING CUSTOMER ACCESS, USE or CREATION of any DI Work Product on Our ChicaSite. This is a NON-REFUNDABLE REMITTANCE made in consideration of the PAYING CUSTOMER’S Monthly fiduciary responsibility. The PAYING CUSTOMER Consents that Monthly Payments of the same Amount shall Continue to be Due for the Duration of this Contract, and Paid no later than 30 days from the date of its Origination. These above Terms and Conditions constitute the Payment Terms to be fulfilled by the PAYING CUSTOMER as a Lease-Licensed POPC in this Digital Image (DI) Lease Licensing Terms and Conditions Agreement.
Any Confidential information, defined as any textual, numeric, graphic, audio or video Content that is digitally transmitted at any Time by one Party to another and Marked as “Confidential” at the time of Receipt by either Party , may be used exclusively for the restricted, stated Purposes of this Monthly Digital Image (DI) Lease Licensing Mutual Agreement. This Confidential information (including DI’s) cannot be disclosed to other Third Parties under any circumstance without the original disclosing Party’s expressed written Consent.
Exceptions to this Confidentiality Clause are restricted to Recipient information that is specifically available already in the Internet Public Domain, or that the Recipient had previously received without Confidential restriction from the Sending Party, or information developed independently by the Receiver without provision by the Sending Party, or information which is received independently through the willful act of a responsible Third Party. When Your Monthly Digital Image (DI) Lease Licensing Agreement terminates, all Proprietary POPC Work Product not Purchased by the Customer, along with any Materials marked “Confidential” received from the Company, must be returned to Morgan Tyner and ChicaConfident.com. This Returned Content includes any concrete Materials such as Contractual Paperwork (or any other form of legal Documentation containing said Confidential information) or anything deemed Proprietary by ChicaConfident.com and Morgan Tyner as its Original Sender. Confidentiality Obligations survive any Termination of this Monthly Digital Image (DI) Lease Licensing Agreement into Legal Perpetuity.
CONTRACTED EMPLOYEES: TERMS AND CONDITIONS
ALL POPC’s as Independent Contractors Employed by ChicaConfident.com and Morgan Tyner, Certify and legally Attest that they hold NO OTHER COMPETING OR CONFLICTING CONTRACTUAL OR OTHER OBLIGATION to any other Third Party which could legally or physically PROHIBIT HIMSELF/HERSELF (working elsewhere for another Employer as a Freelance Professional) from fully complying with ALL Terms and Conditions of this Work Agreement.
Contracted Employees of ChicaConfident.com and Morgan Tyner MUST be able and willing to ALWAYS appear and work Online in the Time and Manner as directed by the Company and Morgan Tyner at ALL Contracted Times. The Contracted Employee Acknowledges and Consents to the Fact that ALL Remuneration for Services Rendered by the Contract Employee is predicated Upon the Contract Employee’s complete and total fulfillment of their Contractual Conduct Provisions. Their Failure to fulfill these Terms and Conditions and/or obey related Management Directives from the Company may result in immediate Termination at the Sole Discretion of Morgan Tyner. This Termination will be effected without additional financial or benefit Compensation of any kind to be Owed to the Employee from that point forward. Only current and back Wages shall be paid, without the possibility of Rehire.
The Contracting Employee Certifies and legally Attests, that no such Employment Participation (or any Work Product Produced thereby on behalf of Morgan Tyner and ChicaConfident.com) represents a Violation of any Rights or Employment Agreement Responsibilities held by the Contracted Employee with the Company, another Third Party Employer, or related Third Party. The Company and Morgan Tyner hold Zero Liability in such Situations beyond the Company’s control.
INDEPENDENT CONTRACTOR STATUS - NO WITHHOLDINGS!!
Contractual Workers at ChicaConfident.com (Hereafter Contractual Employees) may be Employed on consecutive and independent One-Year Contracts to fulfill a variety of tasks over Time, including but not limited to: Graphic Design, Blogging and/or Online Writing, Online Marketing, Online Editing, Clerical and Office Administration, as well as Participation in Audio and Video Recordings for exclusive Inclusion in any and/or all of Our ChicaSites. ALL CONTRACTUAL EMPLOYEES are Employed at the sole behest of Morgan Tyner and ChicaConfident.com. They are also solely Responsible for all taxes, withholdings, Insurance, and any other obligations that may apply to an Independent Contractor in Accordance with current I-9 IRS Filing and Tax Regulations. Consult Your Tax Advisor.
LIMITATION OF LIABILITY for MORGAN TYNER & COMPANY
The Company and Morgan Tyner deny any Liability to any Contractual Employee arising in either Part or Whole out of their Own malfeasance; their Own Failure to follow Management Directives; the Unfortunate Occurrence of any Work-related Accidents or Medical Conditions occurring or arising outside the property owned or leased by Morgan Tyner and/or ChicaConfident.com.
NOTICE: The Company and its Founder are NOT responsible for carpal tunnel, related hard, finger, arm, shoulder, back, knee or leg injuries; eye strain, visual impairment or decline; psychological stress, anxiety, PTSD, or related psychological conditions that may occur during the conducting of (or in relation to) Contractual duties imposed on the Contractual Employee by the Company through the Work Agreement.
JUST-CAUSE TERMINATION OF EMPLOYEE CONTRACTS
If a Contractual Employee materially Breaches the Terms and Conditions of this Work Agreement (in Part or in Whole), the Company and/or Morgan Tyner may Terminate the Work Agreement by JUST CAUSE by providing Written Notice of the Employee’s demonstrated Breach of Contract within 7 days, along with the concomitant specifics of any and all conditions of Necessary Remediation. These Written Breach Specifics and Remedies shall be sent in document/letter form to the Breaching Party by Management within 7 days. The Breaching Party shall then have no more than 7 Days to Remedy the said Breach after receiving such a Notice.
If the Breaching Party fails to Remedy the Breach within that Time, the Employee’s Work Agreement en toto shall be Terminated immediately with Prejudice. The only Exceptions are to those Terms and Obligations (that are noted earlier herein) surviving the Termination of this Work Agreement in legal Perpetuity. If this Work Agreement is Terminated for any Cause other than an Unremedied Breach by the Contractual Employee, then the Annually Contracted Employee is immediately entitled to Wages Already Earned, plus the equivalent of Two Weeks Pay averaged across the average week’s annual salary up to this yearly point, as full remittance of Severance. The Company’s above Severance Payment Obligation, and any prior Payroll Payment obligations of Services already rendered by the Employee prior to the Time of Termination, shall be paid in the Form of one lump-sum delineated Check, within a Two-Week period dated from the Employee’s Date of Termination.
DI CONTENT RELEASE FORM
I, ___________ _____________ , grant my full CONSENT, without Condition or Reservation, to the Company and Morgan Tyner to USE (at the Company’s Exclusive Discretion) any digitally-created or transmitted Image (DI) created by Me as a COPC and Contracted Employee. This applies in toto for any DI appearing on any ChicaSite of the Company at any Time and for any Duration, and Without providing any undefined Remuneration or Other assumed Compensation of any Kind to its COPC. All DI Sales, Distribution, and Ownership Rights are Exclusively Reserved by Morgan Tyner and ChicaConfident.com.
This DI Content includes (but is not limited to): textually Typed or Handwritten Content, textually Edited Content, Photographs of Myself or my Likeness, Graphic Images of Myself, my Avatar or my Likeness, Videotaped Images of Myself or my Likeness, Voice-over Recordings, Audio Recordings of my Singing Voice, or of other bodily-produced Ambient or Rhythmic Sound Vocalizations, Instrumental Music and other Ambient Noises associated with or produced by the Contract Employee as a POPC. I understand and fully CONSENT that these DI’s are and shall remain the Exclusive, Proprietary Content of Morgan Tyner from the moment of their appearance on any ChicaSite.
CONCLUDING COMMENTS ON CONTRACTUAL EMPLOYMENT
This Employment Agreement is between Morgan Tyner and You, the COPC, as a Contractual Employee. Neither the Company, its Management, nor You as its at-will Contractual Employee, have the legal Right to delegate, transfer or assign Rights to Use, License, or Own any DI Work Product You Produce, Upload, Download, Share, or Edit on any and/or all of Our ChicaSites, to any outside Third Party(ies), without the expressed, written, full and unconditional Consent of the Company and Morgan Tyner. Any desire for legal Access, Licensing, or Ownership of Proprietary DI Work Product is thus Subject to the Terms and Conditions of either Customer Purchase Agreements or Client/Customer Monthly Digital Image (DI) Lease Licensing Agreements, available only in exchange for designated Remuneration, as discussed earlier in this Document.
This Contractual Employee Agreement is the Parties’ Original Annual Agreement on ALL Employee matters, in their entirety. There is NO prior Agreement between the Company and its Contract Employees. This Contractual Employee Agreement between the Company and YOU, the Contractual Employee, as the first and only one of its Kind. It has binding authority on both Parties.
Notice: EMPLOYEE CONTRACTS can only be changed by Mutual Written Consent. Any Changes to Terms and Conditions of Renewed Annual Contracts shall be addended to the Conclusion of the Renewal Contract, with Remuneration Changes inserted into the appropriate blanks designated earlier within the Revised Contract. ALL Contractual Employee Agreements are therefore annually Renewable, but only by Mutual Consent of both Parties.
The Civil Laws of the State of ALABAMA govern this Contractual Employee Agreement. Any disputes arising within or from said Agreement must be handled Exclusively in the Courts of Record whose jurisdiction is the current State of Residence for Morgan Tyner and ChicaConfident.com, i.e., Alabama. The prevailing Party in any Litigation will be Entitled to recover all related Court costs and Attorneys’ fees from the other Party (in lieu of a mutually agreed upon Settlement) after the Court Authority’s final Decision has been reached, and been made final and binding on both Parties. Signing a Digital or Typewritten Copy of this Contractual Employee Agreement (i.e., either a physical Paper Form with a Handwritten Signature, or an online Electronic Form by Electronic Signature) will have the same Effect as signing an Original.
Questions about these Terms and Conditions?
Contact Morgan Tyner at ChicaConfident.com.
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