You are purchasing a product from Kerry Borcherding, LLC. called Shift Academy (referred to below as “Shift Academy”, “the Program”, the “Product”) from Kerry Borcherding, LLC (“Kerry Borcherding”, the “Company,” “we,” or “us”) We recommend that you be at least 18 years of age to participate. You will also need an internet connection and a computer or mobile device.
Shift Academy includes 6, 90-minute Live zoom calls, weekly exercises, meditations and affirmations, unlimited email support during the program, a training on working with fear, and access to a private Facebook Group for members, weekly Facebook lives to get you back into alignment, and lifetime access for as long as the program exists. By purchasing Shift Academy, you and the Company agree to the following legal terms and conditions that govern your use of the Program and that form a legal agreement between you and the Company:
You agree that Shift Academy contains proprietary information and is intended for individual use. The material is owned by the Company and is protected by copyright and other applicable intellectual property laws. Duplicating, sharing or uploading Program files to sharing sites is considered stealing, and the Company will prosecute.
The instructional videos and audios will be available for as long as the program exists.
The Company provides you with the Product solely for your personal, noncommercial use, and you agree that you will not use such proprietary information or materials in any way whatsoever except for use in compliance with this Agreement. You will not use the Product or the materials available in the Product in a manner that constitutes an infringement of the Company’s rights or that has not been authorized by the Company. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Program. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.
Please be aware that you may not create derivative works, marketing materials, source material, intellectual property, websites, blogs, web content, or any other works that reference the Company, Kerry Borcherding, Shift Academy, and the Shift Academy content, or infringe on any of the Company’s intellectual property in any way. Any material that you create should be focused on your business, not ours. All copyrights in and to the Product (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by the Company and/or its licensors, who reserve all their rights in law or in equity.
Company service marks, graphics, and logos used in connection with the Program are trademarks or registered trademarks of the Company. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
Shift Academy is an individual purchase program. Upon registration you will receive one username, password, and a member profile for use during the live course and in the private member site.
If you would like to take Shift Academy along with a business partner, friend, relative or accountability partner, you will each need to purchase the course individually. Additionally, if you are interested in having your assistant or your entire team take Shift Academy, a separate membership will need to be purchased for each participating member.
ACCESS TO THE TRAINING
You will have access to the materials for as long as the program exists.
The program’s termination is at the sole discretion of Kerry Borcherding, LLC. Kerry Borcherding, LLC. will provide all users with at least 1 month notice of any upcoming termination.
PRIVACY AND CONFIDENTIALITY
THIRD-PARTY MATERIALS AND WEBSITES
The Company may provide links to third-party materials and websites as a convenience to you and other Shift Academy Participants. These third-party materials and websites are not part of the Shift Academy Program and they may be either withdrawn or terminated at any time without any liability on the part of the Company.
You are responsible to pay for the Shift Academy Product in full (including all applicable sales and other taxes or fees) and for providing us with a valid credit card or other payment method. If you have selected a payment plan and you miss a payment, your account status will be changed to “delinquent.” Your access to all Shift Academy content and the Facebook group will be revoked 7 days after your classification status becomes delinquent.
If your account remains in delinquent status for longer than 60 days, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to the Company’s sole discretion until the account is caught up and in good standing.
To be clear, Shift Academy is not a “pay in part” program where you can pay only for partial access. This is a full immersion program and your payment plan is a convenience that we offer so that the program is more accessible.
Our commitment is to change people’s lives through the power of this program. That being said, you may request a full refund within 7 days of purchasing the Shift Academy course if you are dissatisfied with the product. The 7 day money back guarantee only applies to Shift Academy.
-Deadline to Apply for Refund: To be eligible for a refund, you must submit your request within 7 days of purchasing the Shift Academy course.
-Company Discretion: Refund requests submitted after the 7 day period are within the Company’s sole discretion as to whether to grant or deny the refund request. The Company also reserves the right to deny a request if the user has not logged in, marked the lessons as complete or opened the emails associated with the course.
-Please do not enroll in Shift Academy if you just want to “check it out.” We put an extraordinary amount of time and effort into this program and we want to encourage you to commit. This is the way to receive the best results. Shift Academy is for serious and committed students only.
When addressing the potential effects and benefits of this program in any of our websites, videos, newsletters, programs or other content, we’ve taken every effort to ensure that we accurately represent our programs and their ability to impact and improve your life. However, the Company does not guarantee that you will experience profound results in any given time frame or that your physical, mental, psychological, or emotional well being will be immediately or drastically improved. It is our belief that all of our ideas, tools, strategies or recommendations have been shown to have an effect for the majority of people who have successfully completed our Program; however, nothing on our site is a guarantee to you of any particular impact or effect.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE SHIFT ACADEMY PRODUCT IS AT YOUR SOLE RISK
By purchasing the Shift Academy Program, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees, verbally or in writing, regarding your physical, emotional, psychological, or mental well being, or results of any kind. You alone are responsible for your actions and results in life, which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability and dedication, You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly.
ADDITIONAL TERMS AND CONDITIONS
1) GOVERNING LAW. You and the Company have entered into this Agreement in the State of Colorado and agree that the validity, interpretation and legal effect of this Agreement, as well as all disputes among you and the Company, shall be determined in accordance with the laws of the State of Colorado, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
2) LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS OR LICENSEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OR PURCHASE OF THE SHIFT ACADEMY PRODUCT. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SHIFT ACADEMY PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
3) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. The Shift Academy Product is a non-transferable program.
4) TERMINATION. The Company is committed to providing all customers in the Program with a positive Program experience. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in the Shift Academy Program without refund or forgiveness of monthly payments; and/or (b) terminate this Agreement. Your obligations to the Company under this Agreement will survive expiration or termination of this Agreement for any reason.
5) CHANGES. The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Shift Academy Program Product. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Shift Academy Program Product will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Company’s website or you may be notified by either e-mail or postal mail from email@example.com
6) INDEMNIFICATION. By purchasing and/or using the Shift Academy Program Product, you, to the extent permitted by law, agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, directors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your purchase and/or use of the Shift Academy Program Product. You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
7) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by you, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Company may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in Boulder County, Colorado, United States of America for purposes of any such action by the Company.
8) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties.
SHIFT ACADEMY TRIBE GUIDELINES
The Shift Academy Tribe, otherwise known as the Shift Academy Tribe Facebook Group, is a place to ask questions, gain encouragement, and share your experiences with the practice. It is intended as an open forum where all members of Shift Academy can foster a sense of community and support in a safe, accepting environment.
If you feel that the Shift Academy Group is not promoting such an environment, or you don’t feel comfortable sharing your experiences or posing questions, please express your concerns with us, and we will do our best to remedy the situation.
This community is strictly for Shift Academy Members who are in good standing. If you have any questions or concerns, please email firstname.lastname@example.org
Shift Academy Tribe Rules:
Be kind and respectful. This is not a place for judgment; this is a place for offering helpful advice, providing insight and perspective, and encouraging all Shift Academy Members to continue their practices and seek help when they need it. Negativity is not tolerated. We are all in this together. Violation of this rule is grounds for immediate removal from the tribe.
As negativity is not tolerated, neither is putting down Shift Academy, the Company, the Shift Academy Tribe, any member of Shift Academy. If you have an issue with the program, the company, or Kerry, please contact us privately at email@example.com and express your concern. We are reasonable people and we will do what we can to solve the issue.
If you need technical support for Shift Academy, please email firstname.lastname@example.org with the details of the issue. Though it may be tempting to post on the Shift Academy Tribe, this is really not the place to seek that sort of advice. Please keep your Shift Academy posts meditation relevant.
No Solicitation Within the Shift Academy Member Facebook Group (“Shift Academy Tribe”). The Shift Academy Tribe is about best practices in alignment, asking questions, and sharing experiences or tips, and is not about trying to turn other Participants into your customers. You are not permitted to offer your services, sell your programs or products, nor are you permitted to invite Shift Academy Participants to join other social networks, groups, or programs. This is a space for learning and sharing and is a pitch-free, solicitation-free and sales-free environment.
If you see any Member asking for technical support, please direct them to email@example.com.
No spamming or scamming.
If you’re not able to follow these simple guidelines:
-We may delete your post(s)
-We might remove you from the Shift Academy Tribe.
Feel free to post any questions, comments, or experiences you are having with the course, relating to the exercises and practices, or affected by the exercises and practices. Keep your posts respectful, kind, and mature, and let us know what you are going through, good or not-so-good. Positive, constructive advice and encouragement are always welcome. Make friends, and enjoy the Shift Academy Tribe! Opinions, advice and all other information expressed by Members in discussions or comments are those of the author.
If you have any questions about these Terms, please reach out to us at firstname.lastname@example.org