Terms & Conditions for Events, Webinars, Sessions, Subscriptions and Coaching Membership

The following Terms and Conditions are entered into by and between You (“Participant” or “You”) and The Toypreneur (“Company”, “we”, or “us”).

The Company agrees to provide you with access to the Press to Play course, Toypreneur Podcast or Playroom Chronicles Podcast Guest Spot, Toypreneur Club79, Sponsor Sparkle class, Reel to Real, Total Toy Creative services, The Toy Edit, Show Stopper Suite, and/or Press-scription session. By purchasing or registering and as a condition of participating, You agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Terms of Use, Privacy Policy, & Disclaimer

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Company's Services as listed in this document. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

Nature of The Relationship

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

Refund Policies

Unless otherwise stated below, all sales are final.

Press To Play: The course is 100% refundable if You submit your refund request no later than seven (7) calendar days after your purchase, and provided that you have not completed any modules after the first module.

For the Podcast Guest Fee, in the rare event I'm unable to record or air your episode within six months, you'll be entitled to a full refund. Additionally, you understand this podcast appearance is intended to share authentic stories and experiences, not to pitch or directly sell your products. If you violate this policy by directly promoting or pitching products during the recording, your episode may not air and your appearance fee will remain non-refundable.

All other programs and services listed in this agreement are non-refundable. However, for any reason you're unable to participate after payment, your fee isn't lost—it can be applied toward other available services within our business.

Guarantees

Company offers no money-back guarantees or revenue goals. For products and services that offer a "Legacy Price Guarantee", "Pioneer Price" or "Founders Price Guarantee" if You purchase a product with said pricing, said product will be renewed at the same price upon each annual renewal, regardless of the current list price, provided that Your Subscription or Membership remains active without interruption.

Payment Failure for Subscriptions or Memberships

If Your payment fails, You will have 14 business days from the renewal date to renew Your Subscription or Membership and maintain the currently charged price. However, if You chooses to cancel Your Subscription or Membership and subsequently wish to re-subscribe, You will be required to do so at the current list price, which may be higher than the Legacy Price, Pioneer Price, Founders Price, or the price previously paid. Subscribers and Members will be notified in advance of any price changes, and upon cancellation, they will be reminded that re-subscribing will be at the current price.

Publicity Waiver And Release

The Company may be recording all of the presentations that are part of the Services. This shall include the main stage sessions, breakout sessions, question and answer sessions, coaching sessions, and the chat that occurs during the Service. The Company reserves the right to use these recordings commercially for all legal purposes.

As a condition of participating in the Company's Services, You hereby irrevocably permit, authorize, grant, and license Company and its affiliates, successors, and assigns, and the employees, officers, directors, and agents of each and all of them (“Authorized Persons“), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use the recordings, including to the extent that your name, image, likeness, appearance, voice, or other identifiable information might appear on the recordings of the Services, as long as it is not proprietary or trademarked content.

The Company shall be the exclusive owner of all rights, including copyright, in the recordings. You hereby irrevocably transfer, assign, and otherwise convey to Company my entire right, title, and interest, if any, in and to the recordings and all copyrights and other intellectual property rights in the recordings arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. In other words, the Company has the right to use the recordings – including any audio or video recordings of You participating in any sessions as part of the Services – commercially, including as marketing material going forward.

Ownership Of All Intellectual Property

All content included as part of the Services, such as text, graphics, logos, images, digital and printed materials, videos and trainings, as well as the compilation thereof, and any software used in the Services, is the property of the Company 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 must not use such marks without the Company's prior written permission. All other names, logos, product and service names, designs, and slogans in the Services are the trademarks of their respective owners.

Your participation in the Services does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Services. 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 Services' content and resources. 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 Services.

The Company content is not for resale. Your participation in the Services does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the 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.

Personal Responsibility

By participating in the Services, You accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Services, or not. The Company provides educational and informational resources intended to help participants in the Services succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether Participants of the Company or otherwise – applying the principles included in the Services are no guarantee that You or any other person or entity will be able to obtain similar results.

You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Services. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Services.

No Warranties

The Company makes no warranties regarding the performance or operation of the Services, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Services. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

You agree to absolve and do hereby absolve the Company of any and all liability or loss that You or any person or entity associated with you may suffer or incur as a result of use of the Services and/or any information and resources contained in the Services. You agree that the Company shall not be liable to You for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Services.

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 Services, with the delay or inability to use the Services or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Services, or otherwise arising out of the use of the Services, 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.

Arbitration

You hereby expressly waive any and all claims You may have, now or in the future, arising out of or relating to the Services. To the extent that You attempt to assert any such claim, You hereby expressly agree to present such claim only through binding arbitration to occur in Dedham, Massachusetts. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims You and/or any entity related to You asserts against the Company. To the fullest extent permissible by law, You further agree that You shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

Termination And Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Services and the related services or any portion thereof at any time, if You become disruptive to the Company or other Services' participants, if You fail to follow the Services guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees, if applicable and shall not be excused from any remaining payments under a payment plan in the event of such termination. Additionally you may be subject to legal action and will be responsible for your own legal fees plus any legal fees the Company may incur in pursuing legal action against you.

Entire Agreement

This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability

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 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.

Waiver

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Force Majeure

The Company shall not be liable or responsible to You, 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.

Effective Date

This Agreement shall commence and be enforceable with respect to You on the date you reserve or purchase the Services.

Contact Us.

The Company welcomes your questions or comments regarding these Event Terms at toybox{at}thetoypreneur[dot]com.

{Effective as of January 2025.}