Software Side Hustle Course Refund Policy

TERMS OF SERVICE

​Please READ carefully. By purchasing the products and services provided by Tri-Johnson Marketing Solutions, LLC, it is entered, accepted, and agreed by and between Tri-Johnson Marketing Solutions, LLC and yourself (the “Client” or “You”), as to the terms and conditions stated herein (the “Agreement” or “Terms of Service”).

COURSE/SERVICE

Tri-Johnson Marketing Solutions, LLC (herein referred to as “we,” “TRI,” and/or the “Company”)  offers certain courses for sale, including but not limited to “SWSH COURSE” and “FB Organic Marketing Automation” (herein referred to as the “Course”) identified on trijohnson.com. As a condition of your purchase and participation in the Course, You agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

As part of the Course, the TRI shall provide the following to Client:

A Password Protected Course Area: The Company shall maintain a Course domain on Teachable, and/or any future host site, that will include video, audio and written lessons, templates, worksheets, checklists, slide decks and other training and support information. You shall have lifetime access to the Course content and any future updates to said content. In the event that Company intends to close the Course domain, it shall provide clients with a 30 day notice and the ability to download the core resources contained in the Course domain.

Coaching and Support Service: In addition to the Course, TRI provides access to the Facebook support group, “SWSH Coaching Community”, for free for one (1) month. The SWSH Coaching Community includes question and answer based individualized coaching and other bonuses in a closed Facebook group with other purchasers of the Course. You shall be entitled to any bonuses and/or individualized coaching offered to You at the time of your enrollment, for a full month, but not to be less than 30 days. Bonuses are not guaranteed to be available for the entire lifespan of the Course, including the free month, and they vary depending on specific live and automated promotions throughout the year. TRI reserves the right to discontinue these question and answer sessions at any time without any advanced notice. Should You decide to purchase a monthly subscription to the SWSH Coaching Community, You shall have access to the SWSH Coaching Community for as long as You continue your subscription and for as long as the SWSH Coaching Community exists, however being no less than 30 days. In the event that Company intends to close the closed Facebook Group Area, it shall provide clients with a 30 day notice.

DISCLAIMER

Client understands and agrees that TRI and its teachers, course advisors, and/or member of the SWSH Coaching Community (collectively, the “Course Advisors”), are not employees, agents, lawyers, doctors, managers, therapists, public relations or business managers, registered dieticians, or financial analysts, psychotherapists or accountants. Client understands that Course Advisors have not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Course Advisors’ full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.

Company has made every effort to ensure that all materials within the Course have been tested for accuracy. There is no guarantee that You will see positive results to your business using the techniques and materials provided by Company. Company assumes no management responsibility for your decisions or for policies or practices that You implement. Everything provided on the Website is for informational purposes only.

Any statements related to income or earnings potential, regardless of medium, are examples of what may be possible in the future. Company makes no guarantees regarding results, present or future. Company is not responsible for your earnings, income, sales, or any other business performance as a result of this Agreement.

FEES

In consideration of your access to the Course, You agree to pay the fees associated with the Course as detailed on the Website.

You shall be provided lifetime access to all of the content and any future updates so long as Company maintains the Course as a product offering. All Course purchases come with access to the SWSH Coaching Community which is free for the first 30 days, after which buyers will automatically be billed $47 for each ongoing month. You may cancel the monthly subscription at anytime by contacting our support team at support@trijohnson.com and letting us know You wish to cancel. You cannot terminate the monthly subscription payments except by contacting support and cancelling the subscription within the first 30 days. Subscriptions can also be cancelled at anytime after the first 30 days by contacting support, however, refunds will not be provided for any and all monthly subscriptions previously paid or incurred.

AFTER THE FIRST 30 DAYS, YOU WILL AUTOMATICALLY BE BILLED FOR EACH ADDITIONAL MONTH OF ACCESS TO THE SWSH COACHING COMMUNITY.

METHODS OF PAYMENT

By purchasing the Course, You authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.   You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. You will promptly update Company with any changes to your payment instrument (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Company the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Use. You hereby authorize Company to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you terminate your membership, and you further agree to pay any charges so incurred. If you dispute any charges you must let Company know within sixty (60) days after the date that Company charges you. Company reserves the right to change the price of the membership. Your continued use of the membership after the price change becomes effective constitutes your agreement to pay the changed amount. Access will be revoked to the membership if you choose a payment plan or subscription and do not complete the payments on schedule.

THE COURSE  REFUND POLICY

We want You to be satisfied with your purchase, but we also want You to give your best effort to apply all of the strategies in the Course. The Company provides a 30-day money-back guarantee for the Course. The money-back guarantee is governed by the terms and conditions set forth below.

In order to qualify for a refund You must submit proof of your efforts, that You did the Course work, and the Course did not work for You.  It is within the Company’s sole discretion whether to grant a request for a refund. To request a refund, 30 days of purchase, contact our support team at support@trijohnson.com and let us know that You would like a refund by the 30th day at 11:59 p.m. EST. You must include your completed coursework with your request for a refund. If You request a refund and do not include your coursework and the items listed below by the 30th day after purchase, You will not be granted a refund.

The Client must submit, proof of ALL of the following items with the refund request:

1. 100% Course completion by Client;
2. Client has joined and participated in the SWSH Coaching Community;
3. Client has established a Facebook Business Page Account;
4. Client has completed the Client Acquisition Plan Worksheet; and
5. Client has attempted at least two (2) of the following client acquisition methods:

    a) Upwork
    b) LinkedIn
c) Email outreach
d) Facebook groups
e) Lead magnet with ads

It is within TRI’s sole discretion to determine whether Client has made a good faith effort to demonstrate 100% course completion. Without such a good faith effort, TRI may refuse the Client’s request.

TRI will NOT provide refunds more than 30 days following the date of purchase or if Client has not provided the foregoing items. After 11:59 p.m. EST, the thirtieth (30th) day after purchase of the Course, all payments are non-refundable.

Monthly subscriptions, including the SWSH Coaching Community, are non-refundable. You may cancel your subscription at any time by contacting our support team at support@trijohnson.com and letting us know You wish to cancel. The Client cannot be retroactively removed from the SWSH Coaching Community after the start of a new monthly subscription cycle. All cancellations take effect for the next payment period.

Upon determining that You are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If Client should receive a refund of any purchase through this money-back guarantee, then any and all licenses granted to You to use the material provided shall immediately terminate under this Agreement and the Company’s Terms of Service . Client shall immediately cease using the material and shall destroy all copies of the information provided to You, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

All refunds are at the sole discretion of  Tri-Johnson Marketing Solutions, LLC. To further clarify, we will not provide refunds after the 30th day from your date of purchase.

If You have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: support@trijohnson.com.

The Company does not provide refunds for purchases of the FB Organic Marketing Automation course.   Certain jurisdictions may have specific rules regarding refunds and to the extent required by law, the Company will honor such rules.

REGISTRATION AND RESTRICTED ACCESS

Access to the Course is restricted to Course participants.  When You register, You will be sent a user profile, which may include a username and password. You agree to keep Your username and password confidential. If You suspect Your password has been compromised, You must notify Company immediately at support@trijohnson.com. Company will not be liable for any loss caused by the unauthorized use of Your account; however, You may be liable to Company or other third parties for any losses incurred due to such unauthorized use.

Company may disable Your username and password at its sole discretion.

Company reserves the right to modify methods for registration and access levels of registered users from time to time.

 

CONFIDENTIALITY

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Course, You hereby agree to respect the privacy of other Course participants and to respect the Company’s confidential information.

Specifically, You shall not share any information provided by other Course participants outside of the bounds of the Course unless You receive express written permission from such other participants to share the information. Similarly, the content of the Course contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Course with anyone other than the Company, it’s owners and employees, and other Course participants.

NO TRANSFER OF INTELLECTUAL PROPERTY

All content included as part of the Course, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Course, is the property of the Company (the “Company Content”) 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 shall 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 Course are the trademarks of their respective owners.

Your participation in the Course does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Course, 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 Company Content and resources solely for your personal use. 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 Course or Company Content.

The Course and Company Content is not for resale. Your participation in the Course does not entitle You to make any unauthorized use of any Company  Content, and in particular You will not delete or aTRIr any proprietary rights or attribution notices in any content. You will use Company Content solely for your individual use, and will make no other use of the Company 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 Course will be terminated immediately, and You shall not be entitled to a refund of any portion of the fees.

 

CLIENT RESPONSIBILITY

Any content you contribute to the Course, including the SWSH Coaching Community, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party.

You must not use the Course or SWSH Coaching Community to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Courses or SWSH Coaching Community.

You must not transmit or send any unsolicited commercial communications.

Company reserves the right to edit or remove: (i) any material submitted to the Course or SWSH Coaching Community; (ii) stored on Company’s servers; or, (iii) hosted or published on the Course domain or SWSH Coaching Community. Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Company’s rights under the Terms of Service, Company does not undertake to monitor the submission of all content to, or the publication of such content on the Course or SWSH Coaching Community.

 

INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Course, which provides education and information. The information contained in the Course, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

 

FORCE MAJEURE

The Company shall not be liable or responsible to You, nor be deemed to have defauTRId or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

SEVERABILITY/WAIVER

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such term or provision shall be interpreted to the maximum extent permitted by law and such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

LIMITATION OF LIABILITY

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 Course, with the delay or inability to use the Course or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Course, or otherwise arising out of the use of the Course, 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, after 30 days, You are dissatisfied with the Course or any portion of it, your sole and exclusive remedy is to discontinue using the Course. Company’s sole liability under this Agreement  shall not exceed the purchase price paid for the Course.

 

NO WARRANTY

The information, software, products, and service included or available through the Course may include inaccuracies or typographical errors. Changes are periodically added to the information in the Course. The Company and/or its suppliers may make improvements and/or changes in the Course at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Course for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

 

THIRD PARTIES

The Course offers resources that may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that You have read and agree to be bound by all applicable Terms of Use and policies for any third-party websites. Company assumes no control or liability over the content of any third-party sites. You expressly hold harmless Company from any and all liability related to Your use of a third-party website.

Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Course, You must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked in the Course, You expressly hold Company harmless from any and all liability in any dispute.

 

ASSIGNMENT

Client may not assign this Agreement without the express written consent of Company.

 

MODIFICATION

Company may modify the terms of this Agreement at any time. All modifications shall be posted on the TRI’s website and purchasers shall be notified.

 

TERMINATION

The Company reserves the right, in its sole discretion, to terminate your access to the Course and the related services or any portion thereof at any time, if, in Company’s sole discretion, You become disruptive to the Company or other Course participants, if You fail to follow the Course guidelines, or if You otherwise violate this Agreement,. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

 

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 Course and related 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.

 

RESOLUTION OF DISPUTES

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Course. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts in the State of Iowa. Any such disputes will be governed by the laws of Iowa, without regard to its conflict of law principles.

 

EQUITABLE RELIEF

In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

 

COMMUNICATION

You consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice. All notices with respect to the Terms of Service must be in writing and may be via email to support@trijohnson.com for Company

 

PRIVACY POLICY

Company respects your privacy and is committed to protecting it. Please review our Privacy Policy (https://trijohnson.com/privacy-policy-2/) for more information.