Terms and Conditions For Rokee and Co
The following Terms and Conditions are entered into by and between You (“Client” or “You”) and Audet and Co LLC DBA Rokee and Co. (“Company”, “we”, or “us”).
Your use of this website, www.rokeeandco.com (“my website”), and the services I provide to you are governed by the terms and conditions detailed below (the “Agreement”). This website and all of the content included on the website and in any information, products, or services I provide to you are owned by Audet and Co LLC DBA Rokee and Co (“Haleigh,” “I,” “my,” “me”, "we").
By using my website or hiring me to provide my services to you, you agree to be bound by the terms in this Agreement. If you have any questions or concerns regarding any of the terms above, please contact me at info@haleighnicole.com.
0.0 Digital Services.
Upon purchase, Company agrees to provide you with blog related services. As a condition of participating in the blogging service, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference. You are also bound to the following terms upon purchase of all other products from Audet and Co LLC.
0.1 Sharing Wins
As you publish blogs and being to rank for them, sharing wins is common. And you agree that I am allowed to screenshot wins and pull quotes from your wins (which may or may not also include your name) inside of the members-only Facebook group to use publicly for marketing, advertising, and other related uses. From that usage, you hold me harmless and in no event will I be liable for any consequential, indirect, special, incidental, or punitive damages.
1.0 Scope of Services
Subject to the terms and conditions of this Agreement, I provide the following services to clients (A) Blog Articles, (B) Writing About Your Topic, (C) Research of Your Topic, (D) Proper SEO formatting, (E) 2 revisions, (F) and other general information and resources related to successful blogs. These products and services are collectively referred to in this Agreement as the “Services.” We may add and subtract the products and services we offer in the future, and any additional products or services we offer will be subject to the terms and conditions in this Agreement.
2.0 Fees & Refunds
FEES: Fees are due in full at the time of purchase. Additional blogs may be purchased after the first purchase is delivered in full by us. The choice of how many blogs you receive is yours at checkout.
2.1 Refund Policy
There are no refunds of any kind for anything sold by Audet and Co LLC for any reason whatsoever.
3.0 Privacy Policy
While making use of the Services under this Agreement, you will have access to information related to my experience and proprietary intellectual property that is not generally known to the public and that I treat as confidential, whether or not in written form. “Confidential Information” means all confidential or proprietary information disclosed orally or in writing by me to you that is identified as confidential at the time of disclosure or whose confidential nature is reasonably apparent. You agree that you will not, directly or indirectly, disclose, furnish, or otherwise make available any Confidential Information to any other person or entity or use any Confidential Information for any purpose other than growing your business. Specifically, you agree not to use Confidential Information to create, manage, operate, or control any copy writing service which performs services materially similar to or competitive to those provided by me under this Agreement. You understand that these restrictions on use of Confidential Information will survive termination of this Agreement, and that you are obligated to keep Confidential Information confidential for as long as it is not in the public domain.
3.1 Personal Information from Minors
We do not offer the Services to, or target, people under the age of 13. In compliance with the Children’s Online Privacy Protection Act, we will remove any information we receive from people we believe to be under the age of 13 from the website and cancel any corresponding accounts.
3.2 Use of User Data
I use User Data to create your account, communicate with you about the Services, offer additional products and services, bill for Services, and to the extent necessary to enforce this Agreement and to prevent imminent harm to people or property.
3.3 Cookies
The website uses “cookies” to collect certain information from all users, including website visitors who do not use Services or purchase anything. A cookie is a string of data that the website sends to your computer and then uses to identify your computer when you return to the website. I use this information to better engage with users and enhance their overall experience.
3.4 Disclosure of User Data
I take reasonable steps to protect User Data against unauthorized access or release. I may share User Data (A) with third party service providers; (B) if another company acquires my company, business, or assets, with such acquiring company; and as required by law and when I believe disclosure is reasonably necessary to comply with a judicial proceeding, court order, or legal process served on me, to protect my rights and the rights of other users, or to enforce or apply this Agreement. Other than as detailed above, I will provide reasonable notice to you when your User Data might go to third parties, and you will have an opportunity to choose not to share User Data.
3.5 Reviews & Updates to Security Measures
I take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of User Data. I do internal reviews of my data collection, storage, processing practices, and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to the systems where I store User Data.
3.6 Payment Information
When you purchase Services and/or products, your payment information is processed, stored, and kept secure by a third-party credit card processing service, Stripe. Your credit card information will be stored by Stripe in their restricted-access database. However, no method of transmission over the Internet, or electronic storage is 100% secure, and I cannot guarantee its absolute security. I assume no responsibility or liability for damages resulting from Stripe’s processing, storage, or other use of your payment information or any User Data.
3.7 Security Breaches
If User Data is compromised as a result of a security breach, I will promptly notify you that your personal information may have been compromised via email, by posting a notice on the website, or as otherwise required by applicable law.
3.8 Third-Party Advertisers & Linked Sites
I may make third party applications, including add-ons to the Services, available for you to use. The information I collect when you enable a third party application is processed under this Agreement. Information collected outside of the website by a third party application provider is governed by the third party’s privacy policies. My website may contain links to and from other sites operated and maintained by third parties. I have no responsibility for linked websites, and I provide these links solely for your convenience and information.
3.9 Assignment of Rights
In the event of an assignment, sale, or other transfer of some or all of our assets, you agree I can assign, sell, license, or transfer any information that you have provided to me. However, any purchasing party is prohibited from using the User Data in a manner that is materially inconsistent with this Agreement without your prior consent.
4.0 Resale of Products & Services Prohibited
All resale of blogs and other training material is strictly forbidden.
4.1 Personal Use Only & Restriction
You may not build a business, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of my website or other material created by me. If you are caught sharing the material with others, you will be permanently removed from the service with no warning and no refund, and legal action will be taken.
4.2 Interference with Intellectual Property or Advertising
You may not build a business, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of my website.
3.3 Copying
You may not reproduce, distribute, or modify any content provided by my website without my express consent.
3.4 Mining
You may not use any software robots, spider, crawlers, or other data gathering or extraction tools, whether automated or manual, to mine or aggregate data from my website.
3.5 Denial of Service Attacks
You may not take any action that may impose an unreasonable burden or load on my website or its servers and infrastructures.
4.0 Inappropriate Content
You agree not to upload, download, display, perform, transmit, or otherwise distribute on my website any content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening, (b) advocates or encourages conduct that could constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. I reserve the right to terminate your distribution of any such material, and, to delete any such material from my website or online community forums. I intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws. If you post this type of content, you will be permanently removed from the course & any attached online community forums, if applicable, and no refund will be given.
5.0 Unacceptable Conduct
You are prohibited from violating or attempting to violate any security features of my website, online community forums, or any other program related area both in-person or online including, without limitation:
5.1 Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
5.2 Attempting to probe, scan, or test the vulnerability of my website, or any associated system or network, or to breach security or authentication measures without proper authorization;
5.3 Interfering or attempting to interfere with the Services to any user, host, or network, including, without limitation, by means of submitting a virus to my website, overloading, flooding, spamming, mail bombing, or crashing my website;
5.4 Using my website and/or domains to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
5.5 Forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using my website; or
5.6 Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to any form any of the source code used by me to provide and maintain my website and/or courses.
5.7 Sharing usernames and/or passwords with third parties.
5.8 Posting any hate speech of any kind, not limited to posts of any violent nature, threats, sexism, racism, bigotry, sexual harassment, or any other post content that is not beneficial to a positive & safe group community and culture.
5.9 Slander, libel, or defamation of any kind towards Haleigh Audet, Jack Audet, Audet and Co LLC, Rokee and Co, its assigns, heirs, moderators, or students.
Any violation of system or network security may subject you to civil liability, criminal liability, or both.
6. Ownership of Intellectual property; Limited License to Use
I exclusively own all right, title, and interest to, including, without limitation, trademarks, patents, copyrights, and other proprietary rights, in and to all tangible or intangible properties (including, without limitation, concepts, ideas, designs, methodologies, techniques, software, technology, text, artwork, and other information included on my website or in my coaching materials) that I disclose to you in performing the Services under this Agreement.
Nothing in this limited license is intended to provide you with any ownership or rights to the intellectual property other than as expressly detailed in the previous sentence. Further, you have no right to use my trademarks without my express written consent.
If you post or upload any content to my website (“User Content”) or to my email address, you acknowledge and agree that you are granting Audet and Co LLC a worldwide, royalty-fee, perpetual, irrevocable, sub-licensable, non-exclusive right to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute in any manner and any media. You represent and warrant that you own such content or have sufficient rights in the content to grant to Audet and Co LLC the license detailed above without infringing or violating any third party rights. Further, you acknowledge and agree that Audet and Co LLC may retain any and all revenue generated from any sales, licenses, assignments, and other transfers of the rights assigned by you under this license.
All content included as part of the services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
Your participation in the services does not result in a transfer of any intellectual property to You, and, as a condition of participation in the services, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the service content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the services.
The Company content is not for resale. Your participation in the services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the services will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
6. Access to Website
My website is only for use by users who are over the age of 13 and reside in the United States, its territories and possessions (the “U.S.”) or users that are outside the U.S. that consent to use my website according to U.S. laws and under the terms of this Agreement. By using the Website, you acknowledge that you meet these eligibility and residency requirements.
7. Waiver & Indemnification
You agree that you retain responsibility for the implementation of any advice and writing found within the services. You agree that I am not liable for any damages arising from your implementation of my advice or the failure to pursue alternative options. You agree to defend and indemnify me from all claims relating to the implementation of my advice.
8. Disclaimer
Nothing contained in this Agreement will be construed as a warranty or guarantee that the information I present to you through my services will achieve any specific results, or that any particular advice or services will result in any commercial value or gain for you. I will do what I can to ensure the information on my website and my services is accurate, but I cannot guarantee that the information is without error or inaccuracy. You agree that I am not responsible for any errors or inaccuracies in the information I present to you, and I will not be liable for your reliance of such information. You also agree that I am not responsible for incomplete or accurate work due to lack of information provided to me as requested in my intake form.
The content on my website and the Services are provided “as is” and as available, and I disclaim all warranties, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property rights, to the fullest extent permitted by applicable law. Without limiting the general nature of the previous sentence, (a) I have no obligation to indemnify or defend you against claims related to infringement of intellectual property rights; (b) although I do my best to keep the my website up and running, I do not warrant that my website will perform without error or immaterial interruption; (c) although I do my best to keep my website free of any viruses or other harmful components, I cannot make any guarantees, thus I do not warrant that my website will be free of viruses or other harmful components.
8.1 For Educational & Informational Purposes Only
All information, opinions, and advice are meant as a self-help tool only, for your own use. There are no guarantees of any particular result.
8.2 Personal Responsibility
You agree that you are participating with Audet and Co LLC voluntarily and that you are solely responsible for your actions and results from the blogs you receive, both now and in the future. You agree to use your own judgement and perform your own due diligence before acting on any piece of blog article or advice either by Haleigh Audet/Jack Audet/Audet and Co LLC and support staff. You acknowledge that you are to use your own judgement to do your own independent research after receiving your blog prior to your implementation.
By participating in any blogging services you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of the blogs due to the implementation after delivery. The Company provides blogs that are intended to help participants succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the services are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the services. You agree to use judgment and conduct due diligence before taking any actions or implementing any blog articles.
8.3 No Guarantees
It is my goal to provide you with the best writing and advice so that you can grow and expand your business. You agree that I cannot predict nor guarantee any particular result. All results are independent and may greatly differ between one person and another. There are no guaranteed results - either written or implied.
8.4 Testimonials
All testimonials/reviews present are of real people I have written for who have experienced real results. Their personal results are not guaranteed for you, as every person is different. The testimonials are meant as an illustrative example over what is possible. If you share wins anywhere online, those wins may be screenshot and used for marketing purposes of Audet and Co LLC.
9. Limitation of Liability
You agree that in no event will my liability arising out of or related to this Agreement exceed the amount you paid us for the services you made via Audet and Co LLC. In no event will Company be liable for any consequential, indirect, special, incidental, or punitive damages. Further, Haleigh Audet, Jack Audet nor Audet and Co LLC is not liable or otherwise responsible for any damages resulting from your reliance on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any third party whose advertising appears on my website or is referred by my website.
If applicable law limits the application of any part of this section, my liability will be limited to the maximum extent permissible.
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result or information provided in the services. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the service.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the services, with the delay or inability to use the services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the services, or otherwise arising out of the use of the services, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the services or any portion of it, your sole and exclusive remedy is to discontinue using the services.
10. Choice of Law Jurisdiction, Arbitration, and Dispute Resolution
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program.
This Agreement will be governed solely by the laws of the State of Florida, without reference to any principles of conflicts of law. The parties consent to the personal and exclusive jurisdiction of the federal and state courts in Osceola County, Florida. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
11. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
12. Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the services or any portion thereof at any time, if You become disruptive to the Company, if You fail to follow the service guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees in the event of such termination
13. Enforcement
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable to any extent, then (A) the provision will be interpreted or reformed to the extent reasonably required to render the provision enforceable and consistent with the original intent underlying the provision; (B) the provision will remain in effect to the extent that it is not unenforceable; and (C) the enforceability of the provision will not affect any other portion of this Agreement.
14. Modification
We may amend this Agreement from time to time, and we will provide notice to you of the changes by email, by posting the updated terms to the website, or as otherwise required by law.
15. No Waiver
The failure by either party to enforce any of the provisions of this Agreement, or to exercise any option provided in this Agreement, will in no way be construed as a waiver of the provisions or options.
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
16. Entire Agreement
This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
17. Effective Date
This Agreement shall commence and be enforceable with respect to each service participant upon the date that the participant initially purchases the Services from Audet and Co LLC.
