Standard Terms:
These terms and conditions apply to Services/Information provided by YGT Limited Liability Company (a.k.a. You Got This Counselors and YGT CO.)
You may contact us at [email protected].
These terms and conditions are in addition to the Disclaimer and apply to the sale of any course. Please read these terms and conditions carefully before purchasing an Online Course and print a copy for your records if needed.
For purchases via our website and Thinkific, by checking the “Accept” box you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Courses/Services from YGT CO.
1. Definitions
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by YGT CO. to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to YGT CO. for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website, which may include consultations. This not does not include any "community" participation which was advertised in the first edition of the ebook and paper book title: "How to Manage 504 with Less Stress and More Confidence: An Informal Guide for Coordinators". (A community no longer exists for this course and the price has been reduced accordingly.)
“Website” means yougottthiscounselors.com
“you” means the individual or district representative purchasing the Services.
2. The Services
2.1. A description of the Services are available on the website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
3. Ordering Services
3.1. When you place an order for a Service via the Website, you are offering to purchase the Services on these terms and conditions. YGT CO. reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.3 below.
3.2. Following receipt by us of your order for Services via the Website or on the telephone we will contact you confirming receipt of your order. Unique user codes will be provided to districts within 48 business hours of providing YGT CO. with the number of case managers employed by the district.
3.3. A legally binding agreement between us and you shall come into existence when we have :
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
4. Cancellation and Variation
4.1. If you have purchased an Online Course and have already accessed, downloaded all or part of the Online Course and/or started to use that Online Course then you shall have no right to cancel your order.
4.3. Any cancellation and / or variation of course fees will be at the entire discretion of YGT CO.
5. Fees
5.1. The Fees for the Services shall be as set out on the Website and are subject to change after purchasing.
5.2. Fees for the Service selected by you on the Website or purchased over the telephone shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to accessing any service.
5.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and YGT CO. shall not be responsible for these.
6. Liability
6.2. Although YGT CO. aims to provide the Services to the highest standards of the industry, neither it, nor any consultants employed by YGT CO. accept any liability for (i) any inaccuracy or misleading information provided in the programs or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.4. Subject to clause 6.5 below, YGT CO.’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Service in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude or limit YGT CO.’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.
6.6. YGT CO. does not accept any liability related to legal issues following any information shared, advice or feedback given to Client. This includes any individualized draft feedback and information shared via group calls.
6.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials, Groups Calls, and Feedback are, and remain, the intellectual property of YGT CO. whether adapted, written for or customized for the Client or not.
7.2. You are not authorized to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Course
(iii) use the Course Materials in the provision of any other course or training including internal district Professional Development (unless all participants have been paid for via self-pay or district bundle.)
(iv) remove any copyright or other notice of YGT CO. on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Course.
7.3. In consideration of the Fees paid by you, we grant to you a limited (365-day), non-transferable, non-exclusive license to use the Course Materials for the sole purpose of completing the Online Course.
8. Confidentiality
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
8.4. YGT CO. requests that all information that Clients share with employees of YGT CO. for consultative purposes (draft feedback and/or group calls) is presented with all confidential/identifying information hidden. YGT CO. is not responsible for any breaches of confidentiality from Clients.
9. Termination
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
fail to pay when due your Fees;
act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of YGT CO. or any co-participant of group calls.
cheat or plagiarize any work which you are required to prepare or submit in connection with the Services
steal or act in fraudulent or deceitful manner towards us or our employees or any other co-participants
are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
10. Assignment
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
11. Entire Agreement
These terms and conditions, together with the Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
12. Force Majeure
YGT CO. shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in an employee’s family, illness of the employee, Government edict or regulation.
13. Assignment
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
14. Data Protection
14.1 The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
14.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
14.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of YGT CO.
14.3 To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
14.4. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser's interaction with the Website.
14.5. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
14.6. YGT CO. endeavor to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.
14.7. YGT CO. may supplement the information that you provide with information we receive from third parties.
14.8. If you wish to change or update the data we hold about you, please e-mail Kendra@yougottthiscounselors.com
15. Law and Jurisdiction
This Agreement is subject to the laws of the State of Ohio, without regard to
conflict of laws rules.
Any court action to enforce or interpret any part of this Agreement will be litigated in the Cuyahoga County, Ohio Court of Common Pleas. With respect to any such action, the Parties submit to the personal jurisdiction and venue of such Court.
16. Notices
You can contact us via:
Email: [email protected]
Phone: 216-513-9467