MEMBERSHIP TERMS OF ENROLLMENT

The following terms of enrollment govern your participation in the program presented by Discovered Consulting, inc. (“Company”). Please read these terms of enrollment carefully. By visiting and using the program portal/membership site you agree that your use of our site, participation in our program, and use of program materials is governed by the following terms and conditions, together with our terms of service and privacy policy.

1. Program description

The company offers the Director’s Inner Circle (“program”) as a monthly membership program, to collaborate with the best in your field.

Join a select group of highly-driven directors who:

1. Are done with making excuses and know the success of the school is in their capable hands
2. Want to keep learning the best, proven systems and frameworks to work more efficiently in their school
3. Want to be connected and surrounded with other like-minded leaders committed to excellence
4. Desire accountability that motivates them to take action and follow through to victory on their big goals

2. Your participation

We are committed to providing all participants with a positive experience. Thus, Company may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based or digital without refund or forgiveness of remaining payments if:

1. You become disruptive or difficult to work with;
2. You fail to follow the program guidelines; or,
3. You impair the participation of our instructors or participants in our program(s).

You hereby acknowledge and agree that:

1. The program is not intended as a substitute for, or in lieu of, other educational training, certification, accreditation and/or licensing.
2. Your participation in this program is not a substitute for any licensing requirements that may be applicable to you and does not independently authorize you to become an early childhood educator or school leader.
3. Your activities in early childhood field remain subject to your education, qualifications and licensure.

3. Content

• Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual.
• All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available company or its designated facilitators, or any other source, oral or written, are for personal use in or in conjunction with this training program only.
• Program content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Company, or its designated agent.
• The information contained in Program material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.
• We assume no responsibility for errors or omissions that may appear in any program materials.
• User names and passwords may not be shared with any third-parties.
• Any violation of Company’s policies regarding content usage shall result in the immediate termination of your enrollment without refund.

4. Privacy & confidentiality

We respect your privacy and must insist that you respect the privacy of fellow program participants.

We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, “confidential information”) and must insist that you respect the same rights of fellow Program participants and of the company.

Thus, you agree:

• Not to infringe any program- participants or the company’s copyright, patent, trademark, trade secret or other intellectual property rights;
• That any confidential information shared by program participants or any representative of the company is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or the company;
• Not to disclose such information to any other person or use it in any manner other than in discussion with other program participants during program sessions;
• That all materials and information provided to you by the company are its confidential and proprietary intellectual property belong solely and exclusively to the company, and may only be used by you as authorized by the company;
• The reproduction, distribution and sale of these materials by anyone but the company is strictly prohibited;
• That if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

While you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence

5. Membership and fees

Payment shall be made in accordance with Company’s then-current fee schedule.

6. Limitation of liability

Under no circumstances, including, but not limited to, negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site, including our messaging, blogs, comments of others, books, emails, products, or services, or third-party materials, products, or services made available through the site or by us in any way, even if we are advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site, any materials, products, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site and the products, services and/or materials.

This site and materials are continually under development and Company make no warranty of any kind, implied or express, as to their accuracy, completeness or appropriateness for any purpose.

7. License

Your use of and access to the Program materials is on a licensed basis. In that regard, Company hereby grants to you, and you hereby accept, the non-exclusive right, license and privilege to use (but not sublicense) the Program materials for a one year period.

You agree to:

(a)  constantly use your best efforts in the use of the program materials in a way to protect the good name and goodwill associated with the program material and company.

(b)  not to attack the title of company in and to the program material nor attack the validity of the license granted hereunder;

(c)  not harm, misuse or bring into disrepute the program material and company, but to the contrary, will maintain the value and reputation thereof to the best of your ability;

(d)  at all times comply with all applicable government laws and regulations, and all voluntary industry standards relating or pertaining to the use of the programs and materials, and shall maintain appropriate customary high-quality standards. You shall also abide by Company’s suggestions and specifications regarding quality control over the use of the program material.

The license granted herein does not grant you any right, title or interest, at law or in equity, in or to any of company’s trademarks, service marks, copyrights, copyrighted material, or any derivative uses thereof, or the name, likeness or image of Chanie Wilschanski, or trade secrets or other rights or intellectual property of any kind, except as provided by said license. Further, such license applies only to those program material designated herein. You shall not represent to others, or conduct yourself in any manner that might indicate to others, that you possess any other legal or equitable rights in our program material, trademarks, copyrighted materials, trade secrets or other rights or intellectual property of any kind other than by virtue of the license granted hereunder.

Company shall have the right to approve all uses of the program material or derivative uses thereof.

Company shall have and hereby reserves all rights and remedies which it has, or which are granted to it by operation of law, to enjoin the unlawful or unauthorized use of the program material (any of which injunctive relief may be sought in the courts, and also may be sought prior to or in lieu of termination), and to be compensated for damages for breach of this agreement.

8. Dispute resolution

All disputes arising under or concerning this agreement are to be submitted to binding arbitration, in Brooklyn, New York, to be resolved in accordance with the laws of the state of new york.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.