MONIKHER, LLC, dba LA WRITING COACH & BRANDS THROUGH BOOKS AGREEMENT

LEGAL NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. DO NOT USE THIS WEBSITE, PURCHASE ANY PRODUCT OR SERVICE, OR ENROLL IN ANY PROGRAM IF YOU DO NOT AGREE TO THESE TERMS. BY ACCESSING OR USING ANY WEBSITE, PLATFORM, GROUP, PRODUCT, PROGRAM, SERVICE, OR CONTENT OF MONIKHER, LLC dba LA WRITING COACH AND BRANDS THROUGH BOOKS (the “Company,” “we,” “us,” or “our”), OR BY SUBSCRIBING, JOINING, PURCHASING, ENROLLING, OR OTHERWISE BECOMING A CLIENT, MEMBER, SUBSCRIBER, OR USER (“you” or “Client”), WHETHER ELECTRONICALLY, VERBALLY, IN WRITING, OR OTHERWISE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (this “Agreement”). THIS AGREEMENT IS LEGALLY BINDING AND ENFORCEABLE TO THE SAME EXTENT AS A WRITTEN AGREEMENT SIGNED BY YOU.

(1) Company Services.
The Company provides educational, coaching, consulting, editorial, publishing support, seminar, training, continuity, and related services (collectively, the “Program” or “Services”). The scope of Services provided under this Agreement is limited to those described on the Company’s website, checkout pages, program pages, written agreements, and applicable program addendums. The Company reserves the right to modify, substitute, or replace Services with substantially similar services of comparable value when reasonably necessary.

(2) Coaching Terms.
The Company and its coaches provide educational and informational services only. Coaching, consulting, mentoring, and related sessions are not psychological counseling, relationship counseling, financial advisory services, legal services, medical services, therapy, or any other licensed professional service. If you require professional legal, medical, accounting, tax, therapeutic, or other licensed professional advice, you are solely responsible for obtaining it.

If a program has a commencement date and you request to change it, any such change is subject to Company approval and availability. Approved changes may be subject to a rescheduling fee of five hundred dollars ($500.00), charged to the payment method on file.

You are responsible for timely attendance at scheduled appointments, calls, and meetings. Unless otherwise stated in a separate written agreement, appointments missed without at least twenty-four (24) hours’ notice may be forfeited and may not be rescheduled. If you are more than ten (10) minutes late, the Company may treat the appointment as missed.

You agree to participate in good faith, complete required action items, and provide materials, approvals, and deliverables on time. If you are late in providing required deliverables, approvals, or materials, the Company may assess late delivery fees, extension fees, or other additional charges if disclosed in the applicable program terms or written agreement.

As a condition of receiving Services, you agree to be bound by any applicable program-specific terms, addendums, or separately executed written agreements in effect at the time of enrollment. Such terms may include providing the Company with a credit and acknowledgement in the copyright page of your book for services provided, and permitting the Company to include your name, book title, and book cover on the Company’s client list and in marketing materials, unless otherwise stated in a separate written agreement.

(3) Events, Information, and Speaker Changes.
Events, schedules, information, speakers, instructors, guests, bonuses, and program details listed on our websites, emails, groups, pages, or materials are subject to change at any time without prior notice.

(4) Compensation.
You agree to pay the Company according to the payment terms, pricing, and billing schedule presented at checkout, in a written agreement, or in an applicable addendum. A five percent (5%) late fee may be charged on overdue balances. Unless expressly stated otherwise in writing, you are responsible for the full Program fee regardless of your level of participation, withdrawal, non-use, or failure to complete the Program.

If payment is late or missed, the Company may suspend access to the Program or Services until your account is brought current. After five (5) days of non-payment, the Company may terminate access and pursue collection of all amounts owed.

(5) Refunds Policy.
Except as expressly stated in a written program addendum or separate written agreement, all sales are final and all payments are non-refundable. This includes, without limitation, payments for coaching, consulting, mentoring, continuity programs, publishing services, editorial services, digital products, templates, courses, and downloadable materials.

By purchasing any Program, product, or service, you agree to pay the full price, regardless of participation level, non-use, withdrawal, dissatisfaction, or failure to complete the Program. Digital products and digital access are deemed delivered immediately upon access being granted and are therefore non-refundable.

If you choose a payment plan, you remain responsible for the full Program cost even if you stop participating, terminate early, or fail to use the Program. The Company may take any lawful collection action to recover unpaid balances, including attorneys’ fees and collection costs where permitted by law.

You must provide current, complete, and accurate billing information and promptly update any changes to your card, billing address, expiration date, or payment information. You authorize the Company and its payment processors to charge your payment method for all amounts owed under your selected payment plan.

(6) Chargebacks and Payment Security.
By accepting this Agreement, you agree not to initiate any chargeback, payment reversal, or payment dispute in violation of this Agreement. If you have a billing concern, you agree to contact the Company first and attempt to resolve the matter directly in good faith.

Unauthorized chargebacks or payment disputes may constitute a material breach of this Agreement. You authorize the Company to charge all amounts owed under your payment plan as they become due. You are responsible for any costs incurred by the Company in connection with recovering disputed amounts, including collection costs, chargeback fees, and attorneys’ fees where permitted by law.

Any billing dispute must be submitted in writing to the Company within fourteen (14) days of the charge in question. Failure to do so waives your right to dispute that charge to the fullest extent permitted by law.

(7) Sign-In Name, Password, and Account Security.
If you create an account or are provided access credentials for any website, course portal, membership area, community, or platform, you are responsible for maintaining the confidentiality of your username, password, and account information. You may not share your login credentials with any other person. Sharing access credentials is a material breach of this Agreement and may result in immediate termination of access without refund.

You are responsible for all activity under your account and must notify the Company immediately of any unauthorized use or security breach. The Company may suspend, delete, or change credentials at any time if it reasonably believes you have violated this Agreement.

(8) No Resale of Services Permitted.
You may not reproduce, duplicate, copy, sell, trade, resell, assign, sublicense, or exploit for any commercial purpose any portion of the Services, Program materials, course materials, or access to the Services unless expressly authorized in writing by the Company.

(9) Accuracy and Personal Responsibility.
The Company strives to provide accurate, useful, and valuable information, but does not guarantee the accuracy, completeness, or suitability of any information provided on the website or through any Program. You accept full responsibility for your use or non-use of any information, materials, or recommendations provided by the Company. You agree to exercise judgment, due diligence, and appropriate professional consultation before acting on any information provided.

(10) Client Responsibility; No Guarantees as to Results.
You acknowledge that the Company has made no guarantee regarding your results from any Program, product, or service. The Company provides educational and informational resources intended to support you, but your results depend on many factors beyond the Company’s control, including your own efforts, judgment, timing, audience, market, follow-through, and external circumstances.

You acknowledge that prior results achieved by others do not guarantee similar results. You are 100% responsible for your progress, participation, implementation, and results. The Company makes no representations, warranties, or guarantees, whether verbal or written, regarding publishing outcomes, book sales, bestseller rankings, business growth, audience growth, financial results, or any other outcome. Any statements about potential outcomes are expressions of opinion only.

(11) Program Modifications.
The Company reserves the right to modify, adjust, replace, or discontinue any Program, including its content, instructors, bonuses, delivery format, schedule, or method of delivery, provided that the core value of the Program is materially maintained.

(12) Auto-Renewal and Payment Authorization.
If you enroll in a continuity, recurring, subscription, or auto-renewing Program designated by the Company, including Authority Mastermind, you authorize the Company to automatically charge the payment method on file according to the billing frequency selected at checkout, until canceled in accordance with the applicable program addendum or written terms.

(13) Non-Transferability.
Enrollment in any Program is personal to you and non-transferable unless the Company expressly agrees otherwise in writing. You may not assign, transfer, sublicense, or share access with another person.

(14) Program Addendums.
Certain Programs may be subject to supplemental terms contained in a program addendum. Any applicable addendum is incorporated into this Agreement by reference. In the event of a conflict between this Agreement and a specific program addendum, the program addendum shall control for that Program.

(15) Links to Third-Party Websites and Services.
The website may contain links to third-party websites, software, tools, platforms, or services. The Company does not control and is not responsible for the content, policies, availability, accuracy, or practices of such third parties. Links are provided as a convenience only and do not imply endorsement.

(16) Use of Templates and Forms.
The Company may provide templates, forms, checklists, frameworks, or similar materials. Subject to your compliance with this Agreement, the Company grants you a limited, personal, non-exclusive, non-transferable license to use such materials for your own personal or internal business use. You may not resell, redistribute, license, publish, or commercially exploit such materials without prior written permission.

(17) Use of Free or Bonus Downloadable Content.
The Company may provide free, bonus, or opt-in content in exchange for contact information or as part of a promotion. Such content is licensed to you on a limited, personal, non-exclusive, non-transferable basis for your own personal or internal business use only. You may not reproduce, redistribute, sell, sublicense, or use such content to create competing products or services.

(18) Use of Paid Courses, Programs, and Associated Materials.
Paid courses, programs, trainings, and associated materials are licensed to you on a limited, personal, non-exclusive, non-transferable basis for your own personal or internal business use only. You may not copy, reproduce, distribute, republish, resell, sublicense, create derivative works from, or commercially exploit any course or program materials without prior written consent from the Company.

(19) Guests, Interviews, and Testimonials.
The Company may publish or present information from guests, interviews, podcasts, testimonials, or third-party contributors. The Company does not control and does not verify all third-party statements and is not responsible for their accuracy.

If you provide a testimonial, review, endorsement, photograph, or similar promotional content to the Company, you grant the Company a royalty-free, worldwide, perpetual, non-exclusive license to use, reproduce, edit, shorten, publish, display, and distribute such testimonial or content for promotional, advertising, and business purposes. Testimonials reflect individual experiences and do not guarantee similar outcomes for others.

(20) Photographs and Video Consent, Waiver, and Release.
You grant the Company permission to photograph, film, or record your participation in Company events, programs, coaching sessions, calls, or services, and to use such photographs, video, or audio recordings for promotional, educational, commercial, and business purposes in any media now known or later developed.

This Section applies only to photographs, video, and audio recordings of your participation in Company programs and services, and does not apply to manuscripts, creative works, or intellectual property owned by you.

To the extent permitted by law, you waive any moral rights only with respect to the photographs, video, and audio recordings described in this Section. You waive any right to inspect or approve the finished use of such materials and any claim for compensation relating to such use. You release the Company from claims arising from the use of such recordings, except to the extent caused by the Company’s willful misconduct.

(21) No Transfer of Intellectual Property.
The Company’s copyrighted and original materials are provided for your individual use only and under a single-user license unless otherwise stated in writing. All intellectual property rights in Company materials remain the sole property of the Company.

Classes, calls, trainings, or sessions may be recorded by the Company. Such recordings or transcripts may be used for training, marketing, future products, or other business purposes. By participating, you consent to such recording and use of your name, voice, image, and participation for such purposes.

For the avoidance of doubt, this Section applies only to the Company’s proprietary materials and to recordings of participation in courses or programs, and does not transfer ownership of or rights in your manuscript or other creative works.

(22) Author Manuscripts and Creative Works.
Users may submit manuscripts, drafts, written materials, and other creative works in connection with coaching programs, consulting engagements, editorial services, publishing services, or related engagements. All such materials remain the sole and exclusive property of the author or submitting client. Nothing in these Terms and Conditions grants the Company any ownership interest in such manuscripts or creative works. The Company receives only a limited, non-exclusive license to use such materials solely for the purpose of providing the requested services. The Company will not publish, distribute, or commercially exploit such materials except as authorized in a separate written agreement or with the client’s written consent.

(23) Editorial Guidance and Author Control.
The Company provides coaching, editorial feedback, consulting, and educational guidance only. All suggestions, comments, recommendations, or edits are advisory in nature unless otherwise agreed in writing as part of a paid service. Authors retain full and final editorial control over their manuscripts and are solely responsible for deciding whether to accept or reject any suggestions. Nothing in these Terms and Conditions shall be interpreted as creating a joint authorship or co-author relationship between the Company and any user or client.

(24) Limitation of Liability.
To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, including loss of profits, revenues, goodwill, business opportunities, data, or use, arising out of or relating to the website, any Program, any product, or any service, regardless of the legal theory asserted and even if advised of the possibility of such damages.

To the fullest extent permitted by law, the Company’s total aggregate liability for any claim arising out of or relating to this Agreement, the website, or any Program, product, or service shall not exceed the lesser of: (a) the total amount actually paid by you to the Company for the specific product or service giving rise to the claim in the one (1) month period preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00), unless a separate written agreement provides otherwise.

You agree that your use of the website and any Program is at your own risk.

(25) No Professional Advice.
Information contained on the website or provided through any Program does not replace legal, medical, accounting, tax, therapeutic, or other licensed professional advice. You are solely responsible for obtaining professional advice appropriate to your situation.

(26) Forums and Community Areas.
A “forum” means any message board, chat room, user comment area, community, or interactive service offered by the Company. You may not post unlawful, abusive, harassing, defamatory, obscene, infringing, false, harmful, or otherwise objectionable content. The Company may, but is not required to, review, edit, remove, or refuse content in its sole discretion.

For the avoidance of doubt, this Section does not apply to manuscripts, book drafts, creative works, or other materials submitted privately by a client in connection with a coaching, consulting, editorial, or publishing engagement.

(27) Registration.
The Company may suspend or terminate any user registration, forum access, membership access, or account for violation of this Agreement, violation of community standards, misuse of Company materials, non-payment, or any behavior the Company reasonably believes is inappropriate or harmful.

(28) SMS/Mobile Texting.
If you provide your phone number, you consent to receive text messages from the Company relating to orders, account updates, customer support, program reminders, promotions, and related communications. You may opt out by replying STOP. Message and data rates may apply. The Company does not sell your phone number.

(29) Non-Academic Institutions.
The Company is not an accredited academic institution and does not issue diplomas, academic credits, degrees, or regulated educational credentials.

(30) For Educational and Informational Purposes Only.
All information, content, resources, and materials provided by the Company are for educational and informational purposes only.

(31) Earnings Disclaimer.
The Company does not offer “get rich quick” programs and does not guarantee any financial result, revenue level, audience growth, or commercial success. Any financial figures, examples, case studies, or revenue references are illustrative only and are not promises, guarantees, or typical results.

(32) Disclaimer of Guarantee.
All website content, programs, products, services, and materials are provided “as is” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, title, or non-infringement, to the fullest extent permitted by law. The Company does not guarantee uninterrupted, error-free, or problem-free access.

(33) Technology Disclaimer.
The Company does not guarantee uninterrupted access to any website, portal, course, community, recording, download, platform, or communication channel. Access may be interrupted for maintenance, outages, software problems, third-party platform issues, upgrades, or other causes beyond the Company’s control. The Company is not liable for resulting delays, interruptions, or inconvenience.

(34) Bookmarking.
Bookmarking or accessing the website in a manner that bypasses warning pages or terms pages shall not invalidate this Agreement. Continued use constitutes acceptance of these Terms and Conditions.

(35) Subscribers.
You are responsible for obtaining and maintaining the hardware, software, internet access, and systems necessary to access the website and Programs.

(36) Not a Substitute for Medical Treatment.
The Company does not provide medical treatment, psychotherapy, or mental health care. You are solely responsible for decisions made based on coaching or educational content.

(37) Authorizations and Permission to Send Emails to You.
You authorize the Company and its representatives to send you emails and related communications regarding your account, programs, updates, promotions, and relevant business communications unless and until you unsubscribe where permitted. By using the website or purchasing a Program, you represent that you are at least eighteen (18) years old and legally competent to enter into this Agreement.

(38) Termination.
If you are in default of payment obligations or materially breach this Agreement, the Company may immediately accelerate amounts due, suspend access, terminate services, and pursue all lawful remedies.

(39) Compliance with Applicable Laws.
You are solely responsible for complying with the laws applicable to your jurisdiction when using the website, content, Programs, products, or services.

(40) Indemnification.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, contractors, agents, successors, and assigns from and against any and all claims, demands, liabilities, damages, suits, losses, costs, expenses, and attorneys’ fees arising from or related to: (i) your breach of this Agreement; (ii) your manuscript, submissions, materials, or other content provided to the Company; or (iii) your violation of any third-party rights, including but not limited to copyright, trademark, privacy, publicity, or defamation rights. No officer, director, employee, contractor, or affiliate of the Company shall have personal liability under this Agreement.

(41) Explicit Language and Mature Content.
The website or Programs may occasionally address mature topics or use explicit language. Users uncomfortable with such content should not use the website or Programs.

(42) Restrictions.
All content on the website is protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit, sell, distribute, or exploit website content except as expressly permitted in writing by the Company.

(43) Privacy.
Your use of the website and Services is subject to the Company’s Privacy Policy, which is incorporated into this Agreement by reference.

(44) Confidentiality and Protection of Company Materials.
You acknowledge that the Company’s materials, frameworks, systems, strategies, templates, and content are proprietary and confidential. You may not reproduce, distribute, teach from, train from, create derivative works from, or exploit such materials without prior written consent. Unauthorized use may constitute a material breach and may entitle the Company to injunctive relief and damages.

(45) Links to Third-Party Sites.
The website may contain links to third-party sites. The Company is not responsible for the content, policies, or practices of such external sites.

(46) Submissions.
The Company welcomes comments regarding its websites, programs, and services. However, the Company does not accept unsolicited creative submissions for review, development, or use outside the scope of a client’s paid coaching, consulting, editorial, or publishing engagement. If you voluntarily send unsolicited ideas, suggestions, or materials outside such an engagement (“Unsolicited Submission”), such Unsolicited Submission will not be treated as confidential, and the Company shall have no obligation regarding it.

For the avoidance of doubt, this Section does not apply to manuscripts, book drafts, creative works, or other materials submitted privately by a client in connection with a coaching, consulting, editorial, or publishing engagement, all of which remain governed by the applicable written agreement or these Terms as modified by Section 22.

(47) Registered User Content and Licenses.
If you voluntarily post or upload content in public or community-facing areas of the website or associated platforms (“Registered User Content” or “RUC”), you retain ownership of your content, but grant the Company a non-exclusive, royalty-free, perpetual license to use, reproduce, edit, format, display, distribute, and otherwise use such RUC in connection with operation, promotion, and improvement of the website, platforms, products, and services.

This Section applies only to content voluntarily posted in public or community-facing areas and does not apply to manuscripts, book drafts, creative works, or other materials submitted privately by a client in connection with a coaching, consulting, editorial, or publishing engagement.

(48) Communications With Us.
You should not send confidential information to the Company except through an authorized client engagement or secure channel designated by the Company. For general inquiries, feedback, questions, comments, and suggestions sent outside a paid client engagement, the Company may use any ideas, concepts, know-how, or techniques contained in such communications for any lawful business purpose without compensation or attribution.

For the avoidance of doubt, this Section does not apply to manuscripts, book drafts, creative works, or other materials submitted privately by a client in connection with a coaching, consulting, editorial, or publishing engagement.

(49) Modification.
The Company may revise, update, or modify these Terms and Conditions at any time. Changes will apply to future use of the website and future purchases upon posting. Any services purchased under a separate written agreement with the Company will continue to be governed by that written agreement and will not be modified by changes to these Terms and Conditions unless agreed in writing by the parties.

(50) Controlling Agreement.
In the event of any conflict between these Terms and Conditions and marketing materials, advertisements, or promotional statements, these Terms and Conditions shall control unless a separate written agreement expressly states otherwise.

(51) Program Agreements Supersede Website Terms.
If you enroll in a program, coaching engagement, consulting engagement, editorial service, or publishing service offered by the Company and enter into a separate written agreement with the Company, the terms of that written agreement shall govern the services provided. In the event of any conflict between these Terms and Conditions and a separately executed written agreement, the written agreement shall control.

(52) Digital Millennium Copyright Act.
The Company respects the intellectual property rights of others. If you believe content on the website infringes your copyright, send a DMCA notice to:

Monikher, LLC dba LA Writing Coach & Brands Through Books
4695 MacArthur Court, Suite 1100
Newport Beach, CA 92660
Email: [email protected]

Your notice must include all information required under applicable law.

(53) Force Majeure.
The Company shall not be liable for delay or failure in performance caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, power failures, server failures, internet outages, strikes, war, civil unrest, labor disputes, embargoes, governmental action, or third-party service interruptions.

(54) Choice of Law and Venue.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of laws principles.

(55) Binding Arbitration.
Any dispute arising out of or relating to this Agreement, the website, or any Company Program, product, or service shall be resolved by binding arbitration, except where small claims court jurisdiction applies or injunctive relief is sought to protect the Company’s intellectual property or proprietary rights. Arbitration shall be conducted pursuant to the applicable rules of JAMS or the American Arbitration Association, in California, unless otherwise required by law. The prevailing party may recover reasonable attorneys’ fees and costs where permitted.

(56) Agreement to Arbitrate; Class Action Waiver.
All disputes must be brought only in your individual capacity and not as a plaintiff or class member in any purported class, consolidated, collective, or representative proceeding.

(57) Equitable Relief.
You acknowledge that breach or threatened breach of the Company’s intellectual property, confidentiality, access restrictions, or proprietary rights may cause irreparable harm. The Company may seek temporary, preliminary, or permanent injunctive relief, in addition to any other remedies available at law or in equity.

(58) Entire Agreement.
These Terms and Conditions constitute the entire agreement between you and the Company regarding website use and any Services not governed by a separate written agreement, and supersede prior or contemporaneous discussions, negotiations, or understandings on that subject matter.

(59) Survivability.
Any provisions that by their nature should survive termination, including payment obligations, intellectual property protections, confidentiality, disclaimers, indemnification, arbitration, limitations of liability, and related provisions, shall survive termination.

(60) Severability.
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

(61) Other Terms.
You acknowledge that you are solely responsible for your decisions, actions, implementation, and results. By using the website or any Program, you agree not to hold the Company liable for your personal, professional, business, publishing, or financial decisions or results, except to the extent prohibited by law.

(62) Non-Disparagement.
You shall not make false, disparaging, or derogatory statements in public or private regarding Ashley Mansour, the Company, or its employees, contractors, or agents. The Company shall not make false, disparaging, or derogatory statements regarding you and your relationship with the Company.

(63) Promotions.
Promotional offers, bonuses, and fast-action credits are subject to the terms stated in the applicable offer, checkout page, or addendum. The Company may modify or cancel promotions at any time unless prohibited by law.

(64) Orders.
All orders are subject to Company acceptance. The Company may refuse or cancel an order in its discretion. If your payment method has already been charged for a canceled order, the Company will issue a refund to the original payment method unless the cancellation results from your breach of this Agreement.

(65) Miscellaneous.
The Company’s failure to enforce any provision shall not constitute a waiver. Section headings are for convenience only and have no legal effect. This Agreement binds and benefits the parties and their permitted successors and assigns.

(66) Changes to Terms and Conditions.
You may review the most current version of these Terms and Conditions on this page. Continued use of the website after posted changes constitutes acceptance of such changes with respect to future website use and future purchases. Any separately executed written agreement with the Company remains governed by its own terms unless modified in writing by the parties.

((67) CONTACT INFORMATION: Questions about the Terms AND CONDITIONS should be sent to us at [email protected]