Terms and Conditions of Sale

This Agreement sets forth the legally binding terms for your purchase of the As Simple As Possible (ASAP) CRA course products and/or services, including use of the TheCRAcoach, LLC and ASAP course website(s) (the "Services"). This is a legally binding agreement between you and TheCRAcoach, LLC. By signing, clicking the "accept" button, or by using the Services, you agree to be bound by this agreement. Please read this agreement carefully and save it. If you do not agree with it, you should leave the TheCRAcoach, LLC and ASAP course website(s) and discontinue use of the Services immediately.

The Services. The Services target organizational skills, monitoring tools and templates, relaxation and meditation techniques that are essential to reach your maximum potential as a Clinical Research Associate ("CRA"). Your purchase may include different components, including audio tracks, manuals, self-study programs, webinars, coaching, masterminding, live events, workshops, and/or other products and services, as indicated on your order form. Each customer will use a unique username and password, that should only be used by one individual. You agree not to share login information, call-in numbers, passwords, and protected links with non-members.

Payment. Services may be purchased as indicated on your order form. Actual payment terms may vary. You agree to pay the amount agreed and not to cancel this transaction with your bank or credit card company. TheCRAcoach, LLC is not responsible for any overdraft charges, over limit charges, or NSF fees by your bank or credit card company. Fees for Services may be pre-paid or by installment, as indicated on your order form. Missed payments may result in suspension or termination of Services. If after 30 days from a missed payment you have not made arrangements with TheCRAcoach, LLC to make up the payment, your membership will be cancelled and no fees will be refunded. TheCRAcoach, LLC does not guarantee any specific results from use of the Services. TheCRAcoach, LLC makes no representations or warranties as to specific outcomes or results.

If you purchase from TheCRAcoach, LLC, you agree to pay us the applicable fees, regardless of payment options. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:

Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy. You will also be responsible for any additional charges due for late or failed payment.

All of your purchases of Services are subject to TheCRAcoach, LLC’s refund policy.

Refund Policy:

Online products: All online products have a 30-day refund period. You, the buyer, may request a refund to our client care team by email prior to midnight PST of the thirtieth day after the date of purchase. No refunds will be issued after 30 days from purchase.
The As Simple As Possible (ASAP) CRA Program: If you are not satisfied with your program, a refund may be issued within 30 days of the purchase date. If you do not receive your login instructions right away, please notify us so that we can make sure you get started well within the 30-day period. No refunds will be issued after 30 days from purchase.

Term. This Agreement will stay in force and effect until the end of the term indicated on your order form. Failure to pay required fees may result in TheCRAcoach, LLC terminating the Agreement prior to the end of the term, and discontinuing your access to TheCRAcoach, LLC Services. Your use of the TheCRAcoach, LLC members' website(s) or Services after your termination may extend the term of this Agreement and may cause you to incur additional fees.

Medical Disclaimer. TheCRAcoach, LLC and its employees and agents are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the use of the Services or any of the content contained in or provided on the TheCoach or ASAP course websites. Use the content in the Services at your own risk.

Relationship. Nothing contained in this Agreement shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other; (ii) deem the parties to be acting as partners, joint venturers, co-owners or otherwise as participants in a joint undertaking; or (iii) allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever.

Modification. TheCRAcoach, LLC may modify this Agreement from time to time and such modification shall be effective upon posting on the ASAP Course Members Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Assignment. You may not, without the prior written consent of TheCRAcoach, LLC, assign this Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so shall be a material default of this Agreement and shall be void. TheCRAcoach, LLC's rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by TheCRAcoach, LLC.

Third Party Beneficiaries. This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.

Governing Law. This Agreement shall be interpreted according to the laws of the State of Colorado without regard to or application of choice-of-law rules or principles.

Waiver. No failure of either party to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches.

Severability. In the event any provision of this Agreement is held by a court of other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they begin negotiations for a suitable replacement provision.

Force Majeure. If either party is prevented from performing any of its obligations under this Agreement due to any cause beyond the party's reasonable control, including, without limitation, an act of God, fire, flood, explosion, war, strike, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, vandals, or hackers (a "force majeure event") the time for that party's performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from the payment of any sums of money owed by you to TheCRAcoach, LLC; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.

Construction. This Agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting this Agreement in construing or interpreting the provisions hereof.

Remedies. Except as provided herein, the rights and remedies of TheCRAcoach, LLC are set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity.

Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the respective parties hereto, their respective successors-in-interest, legal representatives, heirs and assigns.

Damage Waiver. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY HEREUNDER FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR OTHER SIMILAR DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR EXEMPLARY OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THECRACOACH, LLC'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THECRACOCOACH, LLC FOR THE SERVICES DURING THE TERM OF USE.

Non-Use of TheCRAcoach LLC's or ASAP Course’s Name. You shall not, in the course of performance of this Agreement, or thereafter, use TheCRAcoach, LLC's or ASAP Course’s name in any advertising or promotional media.

Intellectual Property. The materials provided as part of your membership are copyrighted and may not be reproduced in any form, or by any means, without the express written permission of TheCRAcoach, LLC. You may not reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post or use the content of the materials for public or commercial purposes without the express written permission of TheCRAcoach, LLC. The trademarks, logos and service marks (collectively the "Trademarks") displayed on the materials are registered and unregistered Trademarks of TheCRAcoach, LLC. Nothing contained in the materials or on the TheCRAcoach.com website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of TheCRAcoach, LLC. Your use of the Trademarks displayed on the materials, or any other content on the website, except as provided in these terms and conditions, is strictly prohibited.

Terms of Use Agreement. You agree to the terms and conditions of the Terms of Use agreement found at thecra.coach .

Privacy. TheCRAcoach, LLC's privacy policy may be accessed at www.TheCRAcoach.com/j/privacy.

Disputes. If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of Colorado, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Colorado, county of Boulder. Either TheCRAcoach, LLC or you may demand that any dispute between you and TheCRAcoach, LLC about or involving the Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Denver, Colorado, USA. The foregoing shall not prevent TheCRAcoach, LLC from seeking injunctive relief in a court of competent jurisdiction.

Indemnity. Your indemnity applies only to the following limited circumstances: claims arising out of this Agreement, your use of the Services, a breach of this Agreement, any breach of your representations and warranties set forth above, and/or if any content that you post using the Services causes TheCRAcoach, LLC to be liable to another. In these circumstances, you agree to indemnify and hold TheCRAcoach, LLC, its subsidiaries and affiliates, and their officers, agents, attorneys and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by you or any third party.

Voidability. The Services are not just a software package, so simply not logging into a members' website does not void any part of this agreement. In addition, not using the products or services as they are intended and/or not downloading the products and services available to you through your purchase will not void any part of this agreement or entitle you to a refund.

Entire Agreement. This Agreement represents the entire understanding relating to the Services and prevails over any prior or contemporaneous, conflicting or additional communications. In order to participate in certain Services, you may be notified that you may be required to agree to additional terms and conditions. You may receive a copy of this Agreement by emailing TheCRAcoach, LLC at [email protected]

Contact. If you would like to contact a TheCRAcoach, LLC customer service representative, please email [email protected].