- Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the School’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
In exchange for the payment of fees, Funky Monkey LLC d/b/a Crickets to Cha-Chings (“Company”) will provide you access to certain information and services (collectively, the “Services”), including but not limited to audio/video course programming, PDF download files, access to the student group and live question session. The Company reserves the right, in its sole discretion, to immediately revoke access to the Services at any time and for any reason, with a prorated refund of fees paid provided for termination of Services without cause. The Company also reserves the right, in its sole discretion, to immediately revoke access to the Services without providing a refund of any monies paid if any of the Services content has been copied or used in an unauthorized manner. Unauthorized use of the Services content includes, but is not limited to, copying or otherwise adapting the Services content or materials, the course, or the course concept for any commercial product, including but not limited to (i) a new printed book, electronic book (“ebook”), downloadable template, or course, class, or workshop (either online or in-person) offering the same or related information, (ii) adding content to an existing printed book, ebook, downloadable template, podcast, or course, class or workshop (either online or in-person) that offers the same or related information, (iii) creating or contributing to a third party's product or offering, or (iv) otherwise creating and/or selling any related products that compete with the Services.
By accepting the Services, you explicitly agree not to, by yourself or through a business entity, directly or indirectly, create and/or offer any products or services which compete with or are related in any way to the Services or the Company during the period in which you have access to the Services and for a period of three (3) years following last access to the Services. You also hereby warrant and represent that you, nor any of your associated business entities, have created and/or offered any products or services which compete, directly or indirectly, with the Services or the Company.
You acknowledge and agree that in the event of certain breaches of these Terms of Service, including but not limited to the offering by you of products or services which compete with the Services or Company, the Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that the Company shall be entitled to injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction. Additionally, the Company reserves the right to pursue, and you agree to be liable for, damages for unauthorized use of the Services materials and information, including any attorney fees accrued in connection with enforcing these rights. You hereby acknowledge and agree that the exclusive venue in which disputes arising under these Terms of Service (or violations thereof) are the District and Superior courts of Henderson County, North Carolina, or the Western District of North Carolina (should the federal courts have exclusive jurisdiction over an issue). In the event it is necessary, you consent to the recognition of injunctive relief and/or judicial relief in North Carolina by a court of competent jurisdiction wherever you are located.
Program Participant Community Group: The Company shall create and maintain a Facebook group for students of the Program (“the Program Student Group”). The Program Facebook Group shall be open starting upon enrollment. This is a community run group, meaning that students are encouraged to help each other out. The moderator (Lauren Keplinger) is available for questions and answer, however the availability of access to Lauren is not guaranteed and is upon her discretion.
Lauren Keplinger will conduct live Question and Answer sessions inside the group once per month for a period of no less than 12 months.
Lauren Keplinger/Funky Monkey, LLC reserves the right to discontinue these question and answer sessions at any time with 3 months notice.
You shall have access to the Student Facebook Group for no less than 365 days, or whatever was promised during the enrollment period during which you enrolled, whichever is shorter. In the event that Company intends to close the private student Facebook group, it shall provide clients with a 60 day notice.
From time to time, Lauren Keplinger/Funky Monkey, LLC will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of your enrollment.
Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on the live and scheduled promotional content throughout the year.
If you registered for the program with lifetime access, you will have access to the program you are purchasing for as long as the Service exists (the lifetime of the program). If the program you purchase is discontinued, you will no longer have access to it.
Lauren Keplinger/Funky Monkey, LLC cannot guarantee that notice will be provided prior to discontinuing a program. Lauren Keplinger/Funky Monkey LLC reserves the right to discontinue a service or program at any time with or without prior notice.
The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
Lauren Keplinger/Funky Monkey, LLC reserves the right to revoke access to the Services at any time.
Lauren Keplinger/Funky Monkey, LLC also reserves the right to revoke access to the program without providing a refund if any content has been copied or used in an unauthorized manner. Unauthorized use includes copying the course or the course concept for any commercial product, including but not limited to (i) creating a book, an ebook, downloadable template, or course, class or workshop (either online or in-person) offering the same or related information, (ii) adding content to an existing book, ebook, downloadable template, or course, class or workshop (either online or in-person) that offers the same or related information, (iii) creating or contributing to a third party's information product, or (iv) otherwise creating and/or selling any related products that compete with Funky Monkey, LLC/LaurenKeplinger.com's courses, programs, or coaching.
You explicitly agree not to, by yourself or through a business entity, create and/or offer Works that compete with Funky Monkey, LLC or LaurenKeplinger.com. You also hereby warrant and represent that you, nor any of your associated business entities, have created and/or offered programs, courses, or coaching similar to Funky Monkey, LLC/LaurenKeplinger.com.
You agree any offering of Works that compete with Funky Monkey, LLC/LaurenKeplinger.com constitutes a material breach of these Terms of Service for which Lauren Keplinger can obtain injunctive relief, subject to the Equitable Relief section below, in addition to any other remedies available. Lauren Keplinger reserves the right to pursue, and you agree to be liable for, damages for unauthorized use of courses or course materials, including any attorney fees accrued in connection with enforcing these rights.
In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. Revisions and Errata
The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.
The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.
9. Governing Law
Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.