Terms of Service
By creating an account on the WiseTrainingOwl.com website ("Service"), you (“Member”) and DGdesign, LLC, D.B.A. Wise Training Owl (“Owl”), by and through our authorized representatives, agree to be bound by the following terms of service (“Agreement") as of the date of Member's Owl account creation (“Effective Date”).
Member may review the current version of these Terms of Service at any time on this Web page. Owl reserves the right to change its Terms of Service by publishing updates to this Web page and notifying Members via the email address registered to their Owl account. Members are advised to check the Terms of Service for any changes that may impact them.
a. Features Included
Owl will perform the following activities:
For each purchase of a "Full-Site Subscription" ("Subscription"), Owl will provide Member with:
- One (1) Owl account login with access to the products and services described on the respective Subscription's summary page;
- Site progress tracking for one (1) person per account;
- Owl email communications sent to the one (1) email address registered as Member's Owl account login;
- Support for one (1) registered Trainee/ Contact Person via the one (1) email address registered as Member's Owl account login and via Member's one designated (1) Zoom account to facilitate support via chat, phone, or live webinar; and
- Access for Member's one (1) designated Zoom account to join Owl's live webinars and ask one (1) question per Q&A round.
Any new features which are added to the Full-Site Subscription's purchase page shall be also subject to this Agreement.
b. Related Expenses & Services Not Included
- Implementation of suggested strategies and steps;
- Creating accounts for suggested third party services, including but not limited to: Facebook, Instagram, Google, Zoom, and PicFrame;
- Suggested third party expenses, including but not limited to: Facebook Ads, Google AdWords, printing costs, email marketing service subscription fees, mobile app fees, and Internet service fees;
- Hardware required to access the Service, including but not limited to: mobile phone, tablet, or computer;
- Strategies, advice, or answers to questions specific to one Member and not applicable to multiple other Members, including but not limited to: one-on-one meetings, questions whose answers do not apply to other Members, or questions about topics not already covered by Owl's Service; and
- Business travel that may be requested of Owl staff by Member.
2. Member's Responsibilities
Member will perform the following activities:
a. Provide the Appropriate Staff
If Member purchases a Service, Member agrees to assign one (1) or more people ("Assignees") to perform each of the following roles:
- Agreement Decision Maker: has the legal authority to enter into this Agreement and assign the other roles.
- Payee: has the financial responsibility to make payments for purchased Services, if any.
- Trainee/ Contact Person: has the responsibility to…
- Read and watch online training courses;
- Attend or later watch webinars;
- Be knowledgeable about Member's current and future business plans;
- Have the authority and access to create content for Member's email marketing, social media accounts, and online advertising accounts;
- Create and designate one (1) Zoom account for support and webinars; and
- Be available for at least 20 hours per month to complete all of the above tasks.
Owl does not require Assignees to be official employees of the Member.
b. Comply with Terms for Multiple Assignees Sharing One Account
Owl's resources and technologies are setup for only one (1) person to use each Owl account. However, each Owl account may be shared by multiple Assignees if Member agrees to act as if only one (1) person is using their account. This method will allow Owl to provide equal benefits to each Member. Multiple Assignees sharing one (1) Owl account must agree to all of the following terms:
- Share one (1) Owl account login and password;
- Forfeit the ability to track which training pages an individual Assignee has completed or to restart videos from where an individual Assignee last watched because tracking is an included feature for only one (1) person per account;
- Route all support questions through Member's one (1) registered Trainee/ Contact Person using the one (1) email address registered as Member's Owl account login. Owl recommends the registered Trainee/ Contact Person person should be the Member's marketing team leader;
- Join Owl's live webinars from Member's one (1) designated Zoom account. All Assignees who participate in live webinars agree to be in the same physical room at the same time on one camera and one microphone.
- Ask one (1) question per round during live webinars because every Member only gets to ask one question per round; and
- Understand if your support requests exceed the normal volume for one Owl account, then Owl will ask Member to either reduce the volume of their questions or create a new Owl account and purchase the same Service for each Assignee who needs support. The "normal volume" of support requests will be determined at Owl's sole discretion.
If any of the above terms are not suitable for Member's sharing needs, then Owl recommends the Member creates a new Owl account and purchases the same Service for each Assignee.
c. Make Payments
The cost of the Services are described at the time of purchase and are payable via credit or debit card processed through a third party data processor, Stripe, Inc.
3. Completion/Termination of the Agreement
a. Subscription Period
By clicking the "Purchase" button on any Subscription page of Owl's website, Member agrees to an automatic monthly payment in the amount shown on the respective Subscription page. Each monthly Subscription period shall begin upon successful payment processing and continue for a period of one whole month (“Completion Date”). These Monthly Subscription terms will automatically renew every month until cancelled by Member or until Member's automatic payment renewal fails, whichever occurs first.
Member will not receive advance notice of recurring charges, but a receipt will be sent to the Member's requested email address and will be viewable in Member's "My Account" section of the Owl site. Charges will appear on Member's financial statement as “WISE TRAINING OWL”.
To officially terminate any paid Service, Member must cancel by pressing the respective button in their Owl account's “Billing” page and waiting until their next Completion Date. Terminating a paid Service does not delete Member's account data or terminate this entire Agreement; it only terminates the parts of this Agreement that apply to paid Services.
To officially terminate this entire Agreement and delete all account data, Member must email Support@WiseTrainingOwl.com and ask for their Owl account and all data to be deleted. Once Owl confirms this request has been fulfilled, then this Agreement shall automatically terminate.
The inherent nature of digital information products, which Owl provides, makes it impossible for them be returned. Owl cannot provide refunds for any reason, including refunds for days when Member did not use the Service or for any days before a Member's next Completion Date.
All inventions, developments, improvements, trade secrets, copyrights, modifications, research, discoveries, concepts, ideas, strategies, techniques, methods, reports, data, designs, graphics, photos, written works, technologies, know-how, processes, and Proprietary Information—whether or not patentable or otherwise protectable—and all intellectual property rights associated therewith, which are or have been invented, made, developed, discovered, conceived or created, in whole or in part, by Owl, independently or jointly with others, (i) as a result of providing Service to Member; and/or (ii) with the use of any of Member's equipment, supplies or facilities (all of the above - "Inventions"); are and shall remain the sole and exclusive property of Owl. Owl will do its best to provide what it believes to be original material, but Owl cannot and does not warrant or guarantee that anything provided by Owl constitutes original material and/ or can be protected by intellectual property laws.
Member hereby irrevocably and unconditionally assigns to Owl any and all rights and monetary interests in the Inventions, without any additional compensation, and Member shall not have any rights and monetary interests whatsoever in or with respect to the Inventions.
The rights detailed under this “Ownership” section shall be world-wide and shall attach to any such Invention notwithstanding that it is perfected or reduced to specific form after Owl has ceased providing the Service hereunder, provided that its conception arose before then.
4. Other Agreements
Member and their Assignees grant Owl the right to publish their personal name(s), business name(s), business location(s), industry(ies), logo(s), description of their business(es), and anything they say or do in an Owl webinar in Owl's future advertisements, marketing publications, resumes, interviews, portfolios, and any other promotional mediums maintained by Owl.
b. Proprietary, Confidentiality & Non-Disclosure Agreement
“Proprietary Information” shall be defined as any information provided by either Party that is marked as “copyright”, “rights reserved”, or “proprietary”. Both Parties agree not to disclose Proprietary Information without prior written consent from the other Party. All paid content published on WiseTrainingOwl.com and included in Owl's webinars is hereby declared as Owl's Proprietary Information unless it was previously marked by another Party.
"Confidential Information" shall be defined as any Invention, technical, business or other information with respect to either Party, including but not limited to: know-how, strategies, inventions, data, drawings, designs, diagrams, software programs and their sources, processes, methods, formulae, prototypes, and models— all whether or not covered by patents, patent applications, copyrights or other proprietary rights protection— and any financial and business information, trade secrets, agreements, documents, names of potential suppliers and Members, customers, partners or investors, proposed business deals, reports, plans, market studies, focus group results, surveys and projections, and any other information which is confidential or proprietary in nature.
The term "Confidential Information" shall not include any data or information which: (i) either Party shall show that it has already known at the time it was disclosed to it (from sources other than the other Party or any company affiliated with it); (ii) is independently developed without the use of any Confidential or Proprietary Information; (iii) it has become generally known to the public through no wrongful act of either Party; or (iv) it has been rightfully received by the respective Party from a third Party without restriction on disclosure and without a breach of an obligation of confidentiality.
Both Parties agrees to keep at all times in strict confidence any Proprietary Information and Confidential Information that it may receive from the other Party or its representatives, in accordance with the terms above, and shall not: (a) use Confidential Information for any purpose other than the terms of this Agreement, nor (b) publish, transfer or disclose such Confidential Information, in whole or in part, to any person or entity, unless requested to do so by the other Party or by applicable law, all during the period of this Agreement and for a period of two (2) years thereafter, unless either Party has received prior written consent from the other Party.
c. Disclaimer of Warranties
As with any form of marketing, Owl cannot warrant or guarantee Member will receive any results from using Owl's Services.
Both Parties will use their best efforts at all times to protect the good name and reputation of the other Party. Without limiting the foregoing, both during this Agreement and thereafter, both Parties agree to not defame or disparage the business, services, officers, directors, employees, agents, contractors, customers, or other representatives of the other Party, or otherwise do anything to detract from or reflect adversely upon their reputation, nor will either Party engage in any unfair trade practices with respect to the other Party.
e. No Employer-Employee Relations
Owl shall be at all times an independent contractor for the Member. No employment relations shall exist or be implied as a result of Owl's engagement in this Agreement. Owl shall comply, at its own expense, with the provisions of all applicable requirements and with all laws applicable to its position as contractor, and shall pay and be solely liable for all taxes and compulsory payments applicable to any payment or benefit hereunder.
f. Consent to Subcontract
Either party shall have the right to assign or subcontract any of its Responsibilities under this Agreement without the prior written consent of the other party.
Owl represents that it is free to provide Member with the Subscription upon the terms contained in this Agreement, and there are no legal, commercial or contractual restrictions preventing it from fully performing all its duties hereunder.
h. Indemnity Agreement
Owl shall be solely responsible for, and shall indemnify and hold Member harmless from any demand and/or claim and/or suit that will arise against Member and/or its representatives by any third Party that will claim any rights regarding acts that constitute fraud, malice, or gross negligence on behalf of Owl.
For claims regarding all acts that are not fraud, malice, or gross negligence on behalf of Owl, the Member shall be solely responsible for, and shall indemnify and hold Owl harmless from any demand and/or claim and/or suit that will arise against Owl and/or its representatives by any third Party that will claim any rights.
5. About This Document
This contract is performable in Dallas County, Texas, and shall be construed according to the laws of the State of Texas in the United States of America. Any action arising under this agreement shall be maintained in Dallas County, Texas. In any legal proceeding, the prevailing Party shall recover from the other Party the reasonable and necessary amount of any legal fees incurred.
In the event of a dispute arising between the Parties to this Agreement, Parties will settle through an arbitrator that is mutually agreeable to both Parties in accordance with the applicable United States Arbitration and Mediation Rules. The arbitrator’s decision shall be final and legally binding, and judgment may be entered thereon.
c. Force Majeure Event
The Parties are released from their Responsibilities, except for responsibilities to make payments, during the period when either Party is affected by a Force Majeure Event, which is defined as any cause(s) which render(s) a Party wholly or partly unable to perform its Responsibilities under this Agreement, and which are neither reasonably within the control of such Party nor the result of the fault or negligence of such Party, and which occur despite all reasonable attempts to avoid, mitigate, or remedy the event. Force Majeure Events shall include but are not limited to: Acts of God, war, riots, civil insurrections, government-imposed curfews, fires, explosions, utility outages, chemical contaminations, epidemics or plagues, acts of terrorism or sabotage, embargoes, trade restrictions, federally declared major disasters, acts of any Governmental Authority after the date of this Agreement; and death, disability, or overnight hospitalization of any Parties named in this Agreement. If a Force Majeure Event affects either Party for a period of thirty (30) consecutive days or more, then this Agreement will automatically terminate.
If a court of competent jurisdiction deems any clause or provision in this Agreement to be invalid, illegal, or unenforceable, then the remaining clauses and provisions shall remain effective as though such invalid, illegal, or unenforceable provision or clause never appeared in this Agreement.
6. Acceptance of This Agreement
Each Party acknowledges that it has had an adequate opportunity to read, study, and consider this Agreement, and to consult with attorneys if it has so desired.
This Agreement shall constitute the entire understanding between the Parties with respect to the subject matter contained herein. This Agreement supersedes all prior communications, representations, and agreements.
By creating and keeping open a Wise Training Owl account, you hereby accept these terms.