Gap Year Terms of Use

By purchasing the Gap Year (hereinafter the “Program”), you, the purchaser (“Client”) enter an agreement (the “Agreement”) with Act III Coaching, LLC ("Company") and agree to the following terms:

1. Course Materials. The Program is an online course. Company agrees to provide the content as promised on the Program checkout page, which includes:

• Gap Year course materials, as the same may be updated, revised or changed from time to time in Company’s sole and absolute discretion, which may include, without limitation, video recordings, audio recordings, written materials, coaching calls and regular email correspondence to Program participants.

Subject to any express terms in this Agreement to the contrary, Client will retain access to the Program for the life of the Program, meaning for as long as Company offers and maintains the Program. Company will provide Client with at least one month’s notice should Company need to retire the program. It is then Client’s responsibility to download all materials from the Program before the retirement date noted by Company.

2. Privacy Policy.  Company's Privacy Policy is hereby incorporated by reference into this agreement. Client understands that Company will be providing educational content to Client and that Company’s obligations under this Agreement exist only while Client is a paying member of the Program. Company’s obligations will cease once Client or Company cancels Client’s membership.

Client also understands that Company is not providing one-on-one service on behalf of Client. Company may, but is not obligated to provide, live group coaching throughout the Program, but unless Client has purchased the Private School - VIP program, Client understands that the Program does not included one-on-one coaching services.

3. Payment. In consideration of Client's access to the Program, Client agrees to pay the full Program price at the time of purchase, subject to any agreed upon payment-over time (i.e., 6-pay, 12-pay) plan. Client hereby authorizes Company to charge Client’s credit card or debit card automatically as part of Client’s payment plan.

4. Refund Policy. In the event that Client is not happy with the Program for any reason, Company agrees to refund Client’s payments actually made to Company upon receipt of: (a) written notice of Client’s intent to terminate its membership in the Program (“Termination Notice”), including the reason(s) for termination; and (b) copies of notes, completed worksheets or other information proving that Client has completed all of the Modules 0 and 1 work in the Gap Year prior to termination. Company shall have thirty (30) days following receipt of Client’s Termination Notice to refund all payments actually made to Company for the Program. The refund of funds shall be made to the same credit or debit card(s) to which Program payments were made.

5. Cancellation. Subject to the terms of the Refund Policy, Client may not cancel payments for the Program and understands that it is responsible for paying for the Program in full upon registration, subject to any extended payment plans agreed to between Client and Company. Should Client fail to make timely payment, Company may immediately suspend Client’s access to the Program and pursue whatever remedies available to collect the balance owed. Company may cancel Client’s Program at any time for any reason.

6. Mo Master Resell Rights; No Personal Label Rights. Master Resell Rights and Personal Label Rights are not available for this Program. Client understands that no rights of reproduction are transferred by this Agreement. Client agrees not to create any derivative works of the content found in the Program.

7. Intellectual Property. Company owns the rights to all content in the Program such as texts in the forms of guides, books, explanations and the like, as well as other graphics, logos, images, downloads, and other like materials. Client’s participation in the Program does not transfer any intellectual property rights to Client. Company grants Client a single-use, non-exclusive, non-transferable, revocable license to any and all Program content.

8. Force Majeure. Company shall not be liable or responsible to Client, nor be deemed to have defaulted 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.

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

10. Severability. If any provision of this Agreement shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Agreement, and all remaining provisions shall continue in full force and effect.

 11. Liability. Client absolves Company of any and all liability or loss Client may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. To the extent permitted by law, Client agrees that Company shall not be liable to Client for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program. Without limiting the foregoing, in no event shall Company’s liability for any claims relating to, arising out of or resulting from Client’s use of the Program exceed the Purchase Price of the Program.

12. No Warranty. Company makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program 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. 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.

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

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

15. Indemnification. Client agrees 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 Client’s use of or inability to use the Program and related services, any user postings made by Client, Client's violation of any terms of this Agreement or Client's violation of any rights of a third party, or Client’s violation of any applicable laws, rules or regulations. 

16. Dispute Resolution; Governing Law. Client expressly waives any and all claims, now or in the future, arising out of or relating to the Program. To the extent Client attempts to assert any such claim, Client hereby expressly agrees to present such claim only in the small claims courts in Ada County, Idaho. This Agreement shall be governed by and interpreted under the laws of the state of Idaho, without regard to conflicts of laws principles.

17. Article Headings. All article, paragraph, and section headings set forth in the Agreement are intended for convenience only and shall not control or affect the meaning, construction, or effect of this Agreement or any of the provisions thereof.

Last Updated: January 2025