Terms of service.

1. OVERVIEW

This is an Agreement between Kristen Wonch, (“Service Provider”) in her capacity as owner of Activerge LLC (“Company”) and you, the Client, for the Portfolio Program (“Services”).

All sales are final for this service. By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the product for which these terms appear ("Product," “Service,” “Course,” and/or “Program”), you (“Client” and/or “Customer”) agree to be provided with products, programs, or services by Kristen Wonch ("Owner") or Activerge LLC (“Company”), and you are executing a legally binding agreement with the Company, subject to the following terms and conditions:

2. DISCLAIMERS

The Service Provider is not a licensed financial advisor, fiduciary, lawyer, accountant, or other agent of Client. The Service Provider offers education, not prescriptive advice. Client understands and agrees that no part of the Program constitutes legal, tax, investment, or financial advice, and that Company does not act as a fiduciary, advisor, or agent. Client assumes full responsibility for all decisions made based on the Program content. The Service Provider takes no responsibility for any financial decisions made by the client.

This Program includes no guarantees as to Client’s results simply by participating in the Program. The Client acknowledges that Company does not guarantee any specific financial results or income increase. Results are dependent on Client’s own effort, implementation, and market factors beyond Company’s control. The Client acknowledges that, as with any business endeavor and investment, there is an inherent risk associated. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Program. Client agrees to indemnify and hold Company harmless for any claims that may arise related to participation in this Program.

THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE OR, UNLESS OTHERWISE EXPRESSLY STATED, AS COMPANY’S OFFICIAL POSITION ON ANY SUBJECT MATTER. THE SERVICES SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING IN SECURITIES OR OTHER INVESTMENTS. COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR (B) THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD FROM THE SERVICES

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY COMPANY, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

3. SCOPE OF SERVICES

The Program includes the following Services:

  • Video modules of pre-recorded course material

  • Live question and answer sessions via Zoom, which may occur weekly.

  • Access to a private client Telegram Group

4. RESCHEDULING 

Company has a strict rescheduling policy to respect the time and limited resources of all parties. All rescheduling requests must be made in writing no later than twenty four hours prior to the scheduled call and must include a proposed time to reschedule. Failure to comply with this policy may result in forfeiture of the call with no money back. Rescheduling does not apply to group calls.

5. PAYMENT

(a) Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount for the Product, regardless of what payment option Client selects at checkout. 

(b) If Client selects a payment plan option, Client authorizes Company to charge the card or account used at checkout to complete all payments pursuant to the payment plan. 

(c) Company reserves the right to collect any and all monies owed by Client to Company for the Program, by any means necessary within the parameters of the law. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. 

(d) Late payments are subject to an immediate $50 late payment fee. 

(e) Additionally, a 0.1% daily late charge will be accrued on all outstanding balances from the first day of the overdue payment. The Client authorizes the Company to charge the card or account used at checkout to complete payment of all late fees. 

(f) If Client fails to make payment as agreed, access to Services will be revoked immediately, and Company reserves the right to send the outstanding amount to collections. Continued use of the Services after non-payment constitutes theft of services and may result in legal action.

(g) The Client agrees not to initiate any chargebacks with their credit card issuer or payment processor. If a chargeback is initiated, Client agrees to repay the full amount immediately, plus any fees incurred, and may be subject to legal action and banned from future programs.

(h) Client agrees not to withhold or delay any scheduled payments as a form of dispute or dissatisfaction. Doing so constitutes a breach of contract.

6. REFUNDS

Dissatisfaction or disapproval with Service Provider or Company’s methods is not a valid reason for a refund or excuse to cease making remaining payments due & owed under this Agreement. The Company does not offer refunds for ‘change of mind’ or partial completion of the program. 

In order to receive a refund of the program fee, you must meet all of the following requirements: 

(1) complete the full program (from enrollment to conclusion); 

(2) submit a written request for a refund to hello@kristenwonch.com within 48 hours of completing the Program; and

(3) have completed the following as part of the program:

The action workbooks filled out completely + submitted for review. A minimum of 50% of the workbook must be completed and submitted on or before the halfway point of the program.

  1. All training videos watched completely

  2. A pre-call check in submitted EVERY week prior to the weekly call

  3. Attend a minimum of 75% of the calls LIVE

  4. Minimum of 10 questions/requests for support posted inside the Telegram Group

  5. For payment plans, all payments must be made on time.

  6. Attended and participated in all additional support offered by Company from enrollment to conclusion of the Program, including but not limited to bonus training sessions, live calls and challenges.

In all other cases, you will not be granted a refund. Unless otherwise provided by law, you acknowledge that the Company does not offer refunds unless the Company determines, in its sole discretion, that you satisfy the criteria outlined above. 

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds. 

Upon receiving your requested refund, you understand and agree that you will not be able to participate in any Company Program in the future.

7. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Company, our independent contractors, service providers and consultants, and our and their respective directors, officers, employees and agents (collectively, the “Company Parties”) from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Services, (b) any Feedback you provide, (c) your breach of any of these Terms, or (d) your violation of the rights of any third party.

8. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING AS A RESULT OF COMPANY’S NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF COMPANY’S ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED THE SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICES ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

9. CONFIDENTIALITY

Client agrees to keep Company’s proprietary information confidential. “Confidential Information” includes, but is not limited to:

  • Any systems, sequences, processes or steps shared with Client;

  • Any information disclosed in association with this Agreement;

  • Any trade secrets in connection with the Program or Company’s business practices.

Company promises to value your personal and business information and keep such information confidential. However, by purchasing the Program, Client hereby agrees to Company sharing Client’s general wins as a testimonial on Company’s website, social media accounts, and other marketing platforms. 

10. NON-DISPARAGEMENT

Client agrees not to make any false, disparaging, defamatory, or misleading statements about the Company, its Programs, its representatives, or its Services, whether written or oral. This includes statements made publicly or privately, in person or via any digital platform (e.g. social media, blogs, podcast interviews, reviews, etc.). Breach of this clause may result in immediate termination of access to the Services without refund and may entitle the Company to pursue damages, injunctive relief, or other appropriate remedies.

Client acknowledges that any breach of this clause may cause irreparable harm to the Company for which monetary damages may be inadequate and consents to the issuance of injunctive relief to enforce this provision.

11. INTELLECTUAL PROPERTY

This Product contains information that is the intellectual property belonging to Company and to third-parties that license some intellectual property to Company. Company provides Client with a non-exclusive, non-transferrable single-user license authorizing Client to use the materials for their individual purposes only. Client may not share, sell, re-use, reproduce, repurpose or otherwise distribute Company’s intellectual property without prior written consent from Company.

12. MISCELLANEOUS

  1. Entire Agreement - This Agreement reflects the entire agreement between the Client and Company related to the Program and Services discussed herein. 

  2. Choice of law - The governing law for this Agreement shall be the laws of the State of Wyoming, in the United States of America, without regard to its conflict of laws principles.

  3. Arbitration - All disputes shall be resolved exclusively through binding arbitration in Jackson, Wyoming, in accordance with the rules of the American Arbitration Association (AAA). Each party shall bear its own legal fees and costs associated with the arbitration. Client waives the right to participate in any class action.

  4. All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us. 

  5. Term - The Term of this Agreement shall be effective from the date of execution until Services are rendered. 

  6. Termination - Client dissatisfaction with Company and/or Service Provider’s subjective teaching style, independent judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to Client. Even if Client does not complete all portions of the Program, Client is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the Program at checkout and executing this Agreement. 

  7. Survival - Any provisions of this Agreement that by their nature should survive termination (including, but not limited to, confidentiality, payment obligations, intellectual property, non-disparagement, limitation of liability, and dispute resolution) shall survive the expiration or termination of this Agreement.

  8. Force Majeure - Company shall not be held liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, pandemics, natural disasters, government actions, technical outages, labor disputes, internet service interruptions, power failures, war, terrorism, or other unexpected disruptions. In the event of such a delay, Company shall make reasonable efforts to resume performance as soon as practicable. Client agrees that delays under this clause do not constitute a breach of this Agreement and are not grounds for refunds or compensation. Client acknowledges that Company shall not be held liable for service outages, data loss, or disruptions caused by third-party platforms used in the delivery of the Program, including but not limited to Zoom, Telegram, Stripe, or other providers.

13. CONTACT

If you have any questions about these Terms, please contact us at:

Email: hello@kristenwonch.com

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.