From Caterpillar to Butterfly

Digital Course

Terms & Conditions

The following Terms and Conditions govern your enrollment and use of From Caterpillar to Butterfly (the “Course”) by Lisa Markovits, conducted through Own It Baby! LLC.

The following Terms and Conditions set forth your rights and responsibilities and constitute your contract with Own It Baby! LLC, which operates the Course. We encourage you to read all of the following terms carefully before completing your purchase. If you have any questions, please email us at support@lisamarkovits.com.

In the following Terms and Conditions, the term “Company” refers to Own It Baby! LLC, along with its owners, officers employees, contractors, agents, successors, and assigns. The term “Client” refers to the person who buys the Company’s Course or related products.

By completing your purchase, you agree to all of the following Terms and Conditions, along with any additional terms, policies, and procedures that are incorporated by reference, including but not necessarily limited to the terms and conditions for membership in the From Caterpillar to Butterfly Digital Course and any generally applicable policies and procedures Company has in place (all of which can be provided upon request).

 

  1. Included Services. You will receive access to a self-paced digital training course hosted on a technological platform of the Company’s choosing. This Course contains 5 previously filmed and edited modules. In addition, you are entitled to various bonus sessions and introductory and ending modules and access to a related online community. The Course is designed to be utilized by you at the time you see fit and in the period of time that is most convenient for you. Modules will be released in a spaced manner so that participants have at least one week to process the material in one module before moving onto the next module. All modules and bonuses are subject to all terms and conditions of the From Caterpillar to Butterly course, which are hereby incorporated by reference.

 

  1.  Payment. You agree to pay Company the amounts specified and in the number of payments specified on the checkout page corresponding to the package you are purchasing. You also agree to update your payment method provided to Company at the time of purchase when appropriate. You understand that you are committing to a certain number of payments regardless of whether you take advantage of the services described above. This is not a monthly subscription program that may be cancelled at any time.
  2. Refund Policy. Lisa Markovits has devoted considerable time, money, and effort to preparing this course for your benefit and continues to devote considerable time to maintaining any additional spaces for community discussion around the course content. In addition, as part of her continued dedication to the cause of ending violence against women, Lisa Markovits has decided to donate $5 from each course purchased to a charity organization of her choosing, one or more of which may be directed by her. Therefore, that amount ($5) cannot be refunded. All remaining funds (purchase price minus processing costs) can be reimbursed within 14 days of product purchase assuming you begin no more than Module 1.
  3. Access Policy. You are responsible for scheduling your own time and space to access and use the course materials. You will be provided with the necessary access information via email at the address with which you have signed up. You will reach out to Lisa and her team via email (support@lisamarkovits.com) with any scheduling questions or problems. Considering the nature of the course, Lisa Markovits and Own It Baby! LLC highly recommend finding the most appropriate moments to work on the material based on your physical, emotional and psychological safety needs.
  4. Cancellation Policy. If Company decides to stop offering the course (ie. If it cancels the program), you will be advised by email at the address with which you have signed up with 45 days’ notice in order to give you time to complete the course. 
  5. No Professional Services. You understand and acknowledge that the services provided under these Terms are in the nature of artistic exploration and personal education. The services are not, and should not be construed as: mental health services, physical health services, accounting services, or legal services. Although the Company may offer suggestions of public or private resources to further support you (as referred to in clause 16 below), these suggestions are not an implied or actual guarantee of results nor of the suitability of said resources for your specific situation. Specifically, this course is not meant to substitute for the skilled services of mental health, legal or other professionals, especially those dedicated to helping women who are suffering from domestic or interpartner violence. If you believe that you are in any kind of danger, it is your responsibility to call 911 or your local domestic violence hotline and/or seek additional support. 
  6. Termination by Company. Company may terminate your services, and you will not be required to make any further payments, if: (a) you fail to make any payment without making prior arrangements with Company; (b) you or your business engage in conduct that is disparaging or disruptive to Company; (c) you breach or violate any provision of these Terms; and/or (d) Company determines, in Company’s sole discretion, that you are not a good fit for the course or its related communities or other publicly or privately shared spaces and you are either not getting value out of the course and its related communities and publicly or privately shared spaces or are disrupting said communities or spaces for other participants.
  7. Termination by Client. You may terminate your services at any time for any reason. Should you terminate your services, then you are still obligated to make all payments to which you agreed, and you are entitled only to the refund mentioned in clause 3 of this agreement.
  8. Confidentiality, Generally. The on-demand nature of this course stems, in part, from a desire on the part of Lisa Markovits and the Company to ensure that all participants have the opportunity to implement the course in a way that respects their physical, emotional and psychological safety. For this reason, even though participation in a private online community is considered an integral part of the course, if you do not feel comfortable participating or choose to limit your participation, this does not constitute a hindrance to the services provided. It may, however, limit the effectiveness of the course concept as the course takes into consideration the value of community for breaking the cycle of violence. The Company will make reasonable efforts to safeguard your privacy. The Company will not release your personal, financial, or business information or communications to any third party without your consent, except as specified below.
  9. Confidentiality Limitations. You understand and acknowledge that your relationship with Lisa Markovits and the Company is not legally privileged, and that there are practical and legal limits to confidentiality. Accordingly, you understand that Company may divulge your information or communications to third parties when (a) Company is properly subpoenaed or ordered to do so by a law enforcement agency, administrative agency, or court of competent jurisdiction; (b) Company forms a reasonable suspicion that you are engaged in child or elder abuse, or (c) Company forms a reasonable suspicion that you may imminently cause harm to yourself or others.
  10. Confidentiality and Technology. You understand and acknowledge that there are inherent confidentiality risks in the use of modern technology such as, but not limited to, email, cell phone, text, Skype, Zoom, Facebook, Instagram, Facetime, and similar platforms and technologies. You understand that Company and its agents are active on various social media platforms. You voluntarily accept the risks associated with using various technologies and with Company and its agents’ participation on various platforms. You will not hold Company liable for data breaches suffered by third parties or for unintentional violations of confidentiality that may occur despite Company and its agents taking reasonable precautions.
  11. Intellectual Property – Company. From time to time, Company may supply to you material that represents the creative and intellectual work product of Company, its agents, and/or its licensors. You do not acquire any ownership or other interest in any such material. You are allowed to use such material for its intended purposes only in your life and business. You will not give, sell, loan, or otherwise transfer any such material in any form to any other person or entity. You also will not portray yourself as the creator or owner of any such material.
  12. Intellectual Property – Client. As part of the Course, you will be invited to perform exercises that will lead to the generation of creative and intellectual work product in multiple potential formats such as, but not limited to, paintings, drawings, music, poetry, sculptures, dance routines, recycled art, fabric art, craft projects, stories, and similar media. Although the Client maintains the right to the original creative and intellectual work product(s), the Company hereby reserves the right to use any representations of creative and intellectual work product including, but not limited to, photos, videos, sound files or others shared in course-related communities or public or private spaces, for the creation of derivative works for sale or as promotional materials, whether on- or off-line, that it can use to promote the course or other products and services of the Company. The Company will aim to identify the authors of said creative and intellectual work product(s) and ascertain if these authors prefer to be credited or remain anonymous if and when the Company decides to use these representations in a for-profit or promotional manner.
  13. Proprietary Terms and Conditions. These Terms and Conditions represent creative and intellectual work product and are specifically designed to protect both you and Company in the context of the services you have purchased. These Terms and Conditions are not suitable for any other purpose and indeed may cause legal harm if used in any other context. You will not copy, modify, use, give, or sell these Terms and Conditions for any reason
  14. Your Responsibility. As is the case with any educational product or service, you will get out of this course what you put into it. You understand and acknowledge that Company cannot promise or guarantee any particular outcome or result from your purchase. It is your responsibility to perform your own due diligence before making any decisions or taking any action. You understand that all decisions in life and business come with a degree of risk and no outcome is certain. You will not hold Company liable for the failure to attain a desired outcome or result. Additionally, you are solely responsible for consulting with a licensed professional in fields such as physical health, mental health, accounting, law, or any other field which requires a professional license before making any decisions or taking actions that may affect your life and business. You will not hold Company liable for your failure to consult with an appropriate licensed professional or your failure to follow such professional’s advice. 
  15. Affiliates. You understand that the Company, in its aim to ensure that Clients have access to information about additional support services, products, and opportunities that the Company feels would be helpful to its Clients, may send Client information on these services, products and opportunities. You also acknowledge and accept that the Company may earn an affiliate commission from purchases of these services, products and opportunities. The Company will make reasonable efforts to safeguard your privacy. Company will not release your personal, financial, or business information or communications to any third party without your consent, except as specified in clause 11 of these Terms and Conditions. You will be given the legally appropriate opportunity to opt-out of these offers and can reach out to support@lisamarkovits.com with any requests for assistance on this issue.
  16. Liability Waiver. You will not hold Company liable in any way for any damages or losses that you may incur, whether personal or business, as a direct or indirect result of actions or decisions that you take or do not take in response to your purchase of the course, participation in any related community or public or private space, and/or use of any material Company supplies to you.
  17. Indemnity. You will indemnify Company against any and all liability to third parties arising from actions or decisions that you take or do not take in response to your purchase of the Course and/or related or affiliate services, participating in the related community and/or public or private spaces, and/or use of any material Company supplies to you or creative and intellectual product generated by you and used by the Company.
  18. Dispute Resolution. Should any dispute arise from these Terms and Conditions or your enrollment or participation in the Course or related services, you will first attempt to resolve the dispute through amicable conversation and negotiation with Company. Should amicable conversation and negotiation be insufficient to resolve the dispute, you will engage in mediation through a qualified third-party mediator chosen by you and Company. The results of such mediation will be binding and will be deemed strictly confidential. You agree that litigation in a court of law or equity is a last resort only, and the prevailing party in any litigation will be entitled to all reasonable costs and fees. Should you reside in any jurisdiction the laws of which provide that its residents may not be subjected to mandatory dispute resolution provisions, then you have the right to opt out of this paragraph by sending a written opt-out request to Company within 30 days of agreeing to these Terms and Conditions.
  19. Liquidated Damages. Should you prevail against Company in any dispute arising from these Terms and Conditions or your enrollment or participation in the coaching, then any damages you recover will be limited to a refund of any amounts paid to Company for your enrollment, and such refund will be deemed liquidated damages for losses of any kind, whether personal or business, whether economic or non-economic, and whether physical or psychological.
  20. Unforeseen Circumstances. Neither you nor Company will hold the other responsible for a delay or failure to perform when the delay or failure is caused by natural disaster, diplomatic or military incident, intervention of civil or military authority, or similar circumstance that a reasonable person would agree is beyond the control of the delayed or non-performing party.
  21. Severability. Should any portion of these Terms and Conditions be adjudicated invalid, you and Company agree that all remaining portions shall, to the extent possible, remain in effect.
  22. Choice of Law. These Terms and Conditions shall be interpreted under the laws of the State of North Carolina without regard to conflict of law provisions. Any action to enforce any of these Terms and Conditions must be brought in Buncombe County, in the State of North Carolina.
  23. Complete Agreement. These Terms and Conditions, along with the portion of the checkout page corresponding to number of modules, bonus sessions and introductory and ending modules and access to a related online community, additional offers, and pricing, and any other documents incorporated herein, constitute the entire agreement between you and Company with respect to your Course purchase. No amendment shall have effect unless in writing and signed by both you and Company.