Updated on: January 2, 2025
Dr. Donna Panucci
Be With the Herd
Location: Union, West Virginia
1. PARTIES.
In consideration of being permitted to participate in the services offered by Dr. Donna Panucci through Be With the Herd (the “Services”) and the value gained by participating in the Services, you hereby agree to these Terms of Purchase. These Terms of Purchase are entered into between you (hereinafter “you” or the “Client”) and Be With the Herd, a West Virginia business (hereinafter “Company”, “we” or “us”). You and the Company are collectively referred to herein as the “Parties.”
2. ACCEPTANCE OF TERMS OF PURCHASE.
The following Terms of Purchase (“Terms”) govern your use of and access to the Services. These Terms are legally binding, and it is your responsibility to read them before you begin to use the Services. By using and participating in the Services, you accept and agree to be bound and abide by these Terms.
3. SERVICES.
Services will include the following:
Access to digital courses, coaching sessions, and downloadable resources, including updates where applicable.
Coaching sessions (if any) will take place via Zoom or in-person sessions as scheduled.
4. CLIENT RESPONSIBILITY.
As part of your participation in the Services, you are expected to complete the requisite work assigned throughout the program. Success is not guaranteed as results depend on the Client’s commitment to completing the work and implementing the Company’s recommendations.
5. REGISTRATION AND PAYMENT.
In full consideration of the Company’s performance, obligations, and the rights granted herein, the Client agrees to pay for the Services as set forth on the Company’s website. Payments are non-refundable. Clients who elect to pay in installments agree to automated monthly payments. Cancellation of participation does not absolve the Client from outstanding payments.
6. LATE FEES.
If payment is not received within fourteen (14) calendar days of the due date, the Client will incur a late fee of 1.5% of the outstanding amount per day until payment is received.
7. CHARGEBACKS.
Clients agree to attempt resolution directly with the Company before initiating a chargeback. In the event of a chargeback, the Client forfeits all rights to any content or deliverables provided. The Company reserves the right to present proof of purchase to the financial institution involved.
8. BUSINESS HOURS.
The Company operates Monday through Wednesday, 10:00 AM to 4:00 PM EST. Emails received during business hours will be responded to within 24–48 hours. Weekend or holiday communications will be addressed on the next business day.
9. RECURRING SUBSCRIPTIONS.
Clients who select a Service with a recurring subscription authorize the Company to maintain payment information and process payments automatically for renewals.
10. CLIENT CONFIDENTIALITY.
The Client agrees to maintain the confidentiality of any proprietary information shared by the Company during the Services, including but not limited to coaching materials, financial information, and other business-related data. Upon termination, the Client must return or destroy all confidential materials in their possession.
11. CANCELLATION POLICY.
Cancellations are non-refundable. Clients paying via installments remain responsible for outstanding payments for the agreed-upon term.
12. FORCE MAJEURE.
The Company shall not be held liable for delays or failures in performance caused by acts beyond reasonable control, including but not limited to natural disasters, government restrictions, or technical failures.
13. INTELLECTUAL PROPERTY RIGHTS.
All materials, content, and features provided by the Company are owned by the Company and protected under applicable intellectual property laws. Clients may not reproduce, distribute, or modify any materials without written consent.
14. NO REPRODUCTION.
Clients are prohibited from reproducing, distributing, or creating derivative works of the materials provided by the Company.
15. PRIVACY.
All personal information provided during registration is governed by the Company’s Privacy Policy.
16. USER CONTRIBUTIONS.
Clients grant the Company a commercial license to use any submitted testimonials, comments, or contributions for marketing purposes, unless explicitly stated otherwise.
17. DISCLAIMERS.
Services are provided “as is” without warranties or guarantees of specific results. The Company disclaims liability for reliance on any advice or information provided during the Services.
18. EARNINGS DISCLAIMER.
While success stories may be shared, individual results will vary, and no outcomes are guaranteed.
19. LIMITATION OF LIABILITY.
To the maximum extent permitted by law, the Company is not liable for any direct or indirect damages arising from the use of the Services.
20. GOVERNING LAW AND VENUE.
These Terms are governed by the laws of the State of West Virginia. Any disputes arising out of these Terms shall be resolved in the courts located in Union, West Virginia.