Cheeky Scientist Terms & Conditions
By entering your information and submitting payment, you agree to the following:
Cheeky Scientist, LLC Association AGREEMENT
This Master E-Products Agreement (“Agreement“) is made and entered into as date of purchase by and between Cheeky Scientist, LLC (“Cheeky“) and You (“Purchaser“). In consideration of the mutual promises and covenants set forth herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:
- Product. Cheeky is providing the following e-Product: The Cheeky Scientist Association online mentoring program product (“Product“). Product is generally described as weekly live meetings or reviews the live meting recordings are available in our virtual career centers. Instant, complete access to live meeting workbooks, forms and other documents are delivered immediately in the Purchaser’s Mentorship Dashboard, including job search templates in Purchaser’s Google Drive folder. Access to help from industry PhD mentors is immediately available in the private member’s only website referred to as the PhD Expert Accountability Forum, as well as one-on-one help in the Voxer Private Mentorship platform. A custom plan is created through a 101 Meeting, 201 Meeting and additional meetings and that the Purchaser will go through to prepare the Purchaser’s resume, LinkedIn profile, and to help the Purchaser obtain and prepare for industry interviews with the goal of getting industry job offers.
- Payments. In consideration of the Products to be provided hereunder, the Purchaser shall compensate Cheeky Scientist in the amount of $4998 for the Association Diamond program or the listed price of any other program, minus any discounts or awards recorded during the transactions, and in addition to any bundles or add-ons recorded during the transaction. By entering your payment information and clicking “PLACE ORDER” you, the Purchaser, agree to these terms. The Purchaser acknowledges it is responsible for any chargebacks or failed transactions. Purchaser will make the first payment immediately upon submission requesting Products and agrees to make all additional payments described above after requesting Products. Purchaser recognizes they are responsible for the full balance of the program regardless of any installments, payment plans, or loans they are provided. All transactions are final. If Purchaser receives access to the Products and payment is later rejected or charged back any amounts owed to Cheeky will accrue interest at a rate of 20% per annum or the maximum amount of interest permitted by law until paid in full.
- Third-Party Financing Options Through Affirm, PayPal Or Other Lenders. PURCHASER AGREES TO AND UNDERSTANDS THAT CHEEKY IS NOT A BANK, LENDER OR FINANCING COMPANY OF ANY KIND. Cheeky encourages Purchaser to do their own research and due diligence into choosing the best financing option for any purchase of Cheeky’s Product. Purchaser understands that any loan they agree to has a balance and has interest as indicated by the third-party financing company. Purchaser agrees that they are responsible for reading and understanding the third-party financing company’s separate terms and conditions, truth-in-lending and other disclosures.
- Warranties. Purchaser warrants that all information provided to Cheeky is accurate and truthful. Purchaser understands that Cheeky cannot provide legal advice and does not make any representation as to the legal effect of Purchaser’s use of Cheeky’s Products. Purchaser will indemnify and hold Cheeky, its owners, employees, and contractors harmless from any claim, dispute, regulatory action, and any other loss including attorneys’ fees, court costs, litigation expenses, settlement, and judgment related to the actions or inactions of Purchaser. For events beyond Cheeky’s control, including but not limited to data breach, software malfunction or misuse, malicious programs, power outages, or any other action by third parties, Cheeky shall not be responsible for damages or loss to the Purchaser including any compensatory or consequential loss related directly or indirectly thereto. Products provided shall be considered to have been accepted by Purchaser upon submission of account information via e-mail to Purchaser at the email address provided. Cheeky does not warrant or provide any warranty for Products. All Products are “AS-IS” with “ALL Faults” and all warranties, express or implied are disclaimed; including but not limited to the DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Neither Cheeky nor any agent, employee, or affiliated party will have any liability for the use of information provided in the Products. Cheeky does not guarantee any results or outcome from the Products. NO VERBAL OR WRITTEN PROMISE OR GUARANTEE OF ANY JOB OR EMPLOYMENT IS MADE OR IMPLIED BY THESE TERMS OR ANY OTHER TERMS SET FORTH BY CHEEKY.
- Refund Guarantee Requirements.
In cases where Cheeky provides a signed refund guarantee, the guarantee is that if you pay for the program during the refund guarantee period, make full use of the program, and you do not have a job offer within twelve months of starting the program, or within twelve months of getting your PhD, whichever is longer, you will receive a refund.
- Purchaser Agrees To Participate With Cheeky To Get Job Offers
Cheeky Scientist wants the Purchaser to get into the industry job of their dreams and has provided a very detailed process to ensure that this happens. The Purchaser’s engagement in the program is a crucial part of this process, which is why the expectation for full success in the program is for the Purchaser to attend all live meetings or review the live meeting recordings in full within one week of the live meeting. Each live or recorded meeting viewing should be documented at the time of watching in the Meeting Journal in the Purchaser’s Google Drive folder. All live meeting workbooks, forms and other documents should be completed and uploaded in the form of files, images, PDFs, videos and other file types to the Purchaser’s Google Drive folder, and each completed workbook should be logged in the Purchaser’s Meeting Journal. Starting after a one-month ramp up period, the Purchaser’s Job Search Strategy sheet should be filled with at least two verifiable companies and four verifiable networking contacts per week day. Here, “verifiable” means the company and contact have a public LinkedIn profile. A targeted résumé should exist for at least one job posting at each company on this list and each resume must be stored at the time of completion in the Purchaser’s Google Drive folder. Activity in the Accountability Forum currently run on the Discourse platform, or on any future platform under any different name, should occur consistently during week days as well, with consistent activity defined by the Purchaser reading a minimum of two posts per week day and making a minimum of three posts or comments on posts weekly. All action items in the Cheeky Scientist Association Modules should be completed and documented with proper documentation requiring the upload of all completed tasks in the form of files, images, PDFs, videos and other file types to the Purchaser’s Google Drive folder. Any requests sent by Cheeky Scientist to Purchaser through any of Cheeky Scientist’s communication channel should be responded to by Purchaser within three week days to achieve full results.
- A Panel Review Of Purchaser’s Materials And Efforts Is Required To Qualify For Guarantee
If the Purchaser is able to verify that they did not get a job offer of any kind in twelve months then the Purchaser may either request additional help or may request a refund pursuant to this agreement. All refund requests will initiate a review of the Purchaser’s activity as described above by three Cheeky Scientist officers, or if there are not three Cheeky Scientist officers at any time, then as many officers as there are. The panel of officers will be given 30 business days to review the Purchaser’s material and effort, and to make a decision on whether or not to provide a refund. The decision to refund is solely at the discretion of the panel. Purchaser agrees to complete a notarized Affidavit form to confirm that they did not receive a job offer in order to start the refund panel review process.
- Purchaser Must Notify Cheeky Scientist At Set Times If No Job Offer Is Received
Cheeky Scientist and the Purchaser share responsibility to the goal of getting the Purchaser hired. To this end, the Purchaser must alert Cheeky Scientist in writing six months before the end of your twelve month period to inform Cheeky Scientist that Purchaser still have not received a job offer. This written notification will activate an extra level of daily personal mentorship. A second written notice must be received two months before the end of the twelve month period. This second notice will activate a second tier of additional personal mentorship daily. These written notices must be sent to 19211 Panama City Beach Pkwy #1047 Panama City Beach FL 32413-8712. Purchaser agrees that failing to provide Cheeky Scientist with written notice on or before the above timelines will result in no refund.
- No Cancellations or Exchanges of Any Kind.
We stand behind our services and your satisfaction with them is important to us. However, because our services and memberships are delivered immediately at the point of sale, all sales are final. WE DO NOT OFFER CANCELLATIONS OR EXCHANGES OF ANY KIND UNLESS OTHERWISE INDICATED.
- No Refunds Apart From a Signed Refund Guarantee. We do not offer refunds apart from the terms within a signed refund guarantee. No refund is owed or will be given prior to the twelve month period described in the terms of the signed refund guarantee.
- Purchaser Chooses The Jobs They Apply To
Cheeky wants the Purchaser to get a job offer of their choice on their timeline but recognizes that Cheeky has no control over which jobs or which institutions, industry or otherwise, that the Purchaser applies to or interviews for, nor can Cheeky control when and how the Purchaser receives job offers. Due to these factors, member acknowledges that they will decide which jobs they apply to and that a job offer is defined in this agreement as any job offer for employment after signing regardless of employment source, whether or not the offer is directly solicited by the Purchaser or not. The burden of proof of not receiving a job offer of any kind after twelve months is on the Purchaser.
- Proprietary Information. Purchaser agrees not to provide Cheeky with any confidential or proprietary information related to the Purchaser, entity related to the Purchaser, or any third party to whom Purchaser owes a duty of confidentiality. Purchaser understands Cheeky will use proprietary, confidential techniques to provide Products. This proprietary information will be disclosed to Purchaser for personal use and will remain the sole property of Cheeky. Purchaser does not have the right to reproduce, reprint, or circulate any of the material provided by Cheeky. Any content, plans, strategies, processes, or advice created or prepared by Cheeky (“Content”) will remain the sole property of Cheeky; Purchaser may only use the Content for personal use with Purchaser’s business or career.
- Restriction on Purchaser’s Use of Content. By using the Products offered by Cheeky, Purchaser expressly covenants not to use the Content for any commercial uses without the previous written consent of Cheeky, including, but not limited to the following:
- Non-Disclosure. Purchaser covenants not to disclose, during and after the Purchaser’s use of the Products, the Content, or any of Cheeky’s confidential, proprietary or trade secret information generally not known to the public (collectively, “Confidential Information”). Purchaser acknowledges that irreparable injury and damage may result from disclosure of Confidential Information to the general public. Accordingly, Purchaser shall not disclose such Confidential Information to anyone other than the users subject to similar agreements with Cheeky and shall use all reasonable precautions to prevent unauthorized duplication of the Confidential Information.
- Non-Compete. For a period of twelve months from the Purchaser’s last date of access or use of the Content, Purchaser shall not, directly or indirectly, on behalf of Purchaser’s own self or any other person, company or entity, offer, provide, or sell or participate in offering, providing or selling, products or services substantially similar to the Confidential Information or substantially related to informational or educational programs directed towards individuals with doctoral degrees or other professional degrees offered by, developed by, designed by or distributed by Cheeky to any person, company or entity.
- Non-Solicitation of Products or Services. Purchaser hereby acknowledges and agrees that Purchaser has no right to solicit, or attempt to solicit, the other users of the Products in order to sell, advertise, or promote any products or services substantially similar to the Confidential Information owned by Cheeky. Other than referring users to job opportunities in the doctorate field where the Purchaser would receive a referral for securing the employment of another user, any activity where products or services are solicited for financial or personal gain are strictly prohibited.
- Non-Solicitation of Other Users. Purchaser hereby agrees not to, nor will Purchaser assist any third party to, directly or indirectly solicit or entice, or attempt to solicit or entice (i) any user of the Products to terminate any user’s agreement with Cheeky for engaging in the use of any competing products or services substantially similar to the Confidential Information, (ii) to partner with any person, company or entity to manage, operate, or participate in ownership, management, operation, or control of, or be employed by any company or entity that offers for sale or use any products or services substantially similar to the Confidential Information, or (iii) to leave Cheeky’s Products and enter into a competing group or community forum whereby Purchaser develops any content, plans, strategies, processes, or advice directly or indirectly from the Confidential Information owned by Cheeky;
- Member Community Rules. All member community conversations in the association.cheekyscientist.com forum, private Facebook group(s) and other member communities must be both job search focused and solution focused as determined by the group moderators and administrators. All conversations must be be kind and courteous as determined by the group moderators and administrators, which means avoiding harsh, overly negative, sarcastic, and passive-aggressive language, as well as avoiding non-constructive criticisms in group posts and comments. All conversations in the group must also be kept completely private. Any concerning behavior toward Cheeky, its team members or clients, especially those that may distract members from their career progress and mentoring, as determined by Cheeky, will result in immediate removal from all member communities without refund until Purchaser reconciles the situation as determined by Cheeky. Failure to follow any of these community rules will result in immediate removal from all member communities without refund until Purchaser reconciles the situation as determined by Cheeky.
- Location Disclosure. Purchaser agrees that all calls, online meetings or virtual engagements of any kind with Cheeky Scientist or any Cheeky Scientist team members take place in Cheeky Scientist’s virtual offices headquartered in the state of Ohio.
- Public Disclosure and License. Cheeky may use Purchaser’s name and feedback provided by Purchaser as a testimonial online for purposes of promoting Cheeky’s Products. Accordingly, Purchaser hereby authorizes Cheeky, through a non-exclusive license, to use Purchaser’s intellectual property including but not limited to the Purchaser’s current and future trademarks, copyrights, website content, promotional materials, and advertisements. Cheeky may also use, in print or electronic form, the name and logo of Purchaser as a reference to current or previous customers.
- Right to User Contributions. The Products may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features or links to third party interactive features (e.g. Facebook) utilized by Cheeky (the “Interactive Forums”) that allow Purchaser and other users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials, including but not limited to any and all writings, files, pictures, or any other work (collectively, “User Contributions“) on or through Cheeky’s website. Any User Contribution you post to Cheeky’s website will be considered non-confidential and non-proprietary. By providing any User Contribution on Cheeky’s website, you grant to Cheeky and Cheeky’s licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
- Purchaser represents and warrants that:
- Purchaser owns or controls all rights in and to the User Contributions and has the right to grant the license granted above to Cheeky and Cheeky’s affiliates and service providers, and each of their and Cheeky’s respective licensees, successors, and assigns;
- Purchaser understands and acknowledge that Purchaser is responsible for any User Contributions Purchaser submits or contributes, and Purchaser has full responsibility for such content, including its legality, reliability, accuracy, and appropriateness; and
- That Cheeky is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by Purchaser or any other users.
- Purchaser represents and warrants that:
- Indemnification and Liability Limitation.
- Purchaser shall indemnify and hold Cheeky harmless, and defend, Cheeky and its affiliates, successors and assigns (and its and their officers, directors, employees, customers and agents) from and against any and all claims, losses, liabilities, damages, settlements, expenses and costs (including, without limitation, attorneys’ fees and court costs) which arise out of or relate to (a) any breach of this Agreement; or (b) any third party claim related to the actions or inactions of Purchaser.
- In no event shall Cheeky be liable under any legal theory for any special, indirect, consequential, exemplary or incidental damages, however caused, arising out of or relating to this Agreement, even if Cheeky has been advised of the possibility of such damages. In addition, in no event shall Cheeky’s aggregate liability arising out of or relating to this Agreement (regardless of the form of action giving rise to such liability, whether in contract, tort, indemnification, or otherwise) exceed one hundred dollars or the amount paid for Products, whichever is less.
- Assignment. Purchaser may not assign its rights or duties under this Agreement without the signed, written consent of Cheeky. Cheeky may assign its rights or duties under this Agreement without the signed, written consent of Purchaser.
- Notices. Any legal notice shall be sent by personal delivery, certified mail or Federal Express or similar overnight mail service.
- Severability of Provisions. If any section, provision, or part of this Agreement is held to be illegal, invalid or unenforceable, such section, provision, or part shall be fully severable. The remainder of this Agreement shall remain in full force and effect. All provisions that do not apply to the provision of Products shall survive termination of this Agreement. The provisions of this Agreement are for the benefit of the parties to it solely and not for the benefit of any other person, persons or legal entities. The terms herein are the product of mutual negotiation and understanding; thus, neither party will be deemed the drafting party for purposes of interpretation.
- Waiver. The waiver by either party of a breach of or a default under any provision of this Agreement shall not be effective unless in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any such right or remedy.
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio without regard to conflicts of laws principles. The parties hereto agree that any actions or proceedings seeking to enforce any provision of, or based upon any right arising out of, this Agreement shall be brought exclusively in the state and federal courts located in the State of Ohio. Each of the parties irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue within Hamilton County, Ohio. Process in any action or proceeding referred to in the preceding sentence may be served on any party anywhere in the world. The parties hereto specifically waive any right to a jury trial with respect to any matter arising under this Agreement. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by Arbitration and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction hereof. Should enforcement of a collection action related to this Agreement be necessary, the prevailing party to such dispute will be entitled to its attorneys’ fees and court costs from the non-prevailing party.
- Arbitration Clause & Class Action Waiver.
If Cheeky Scientist and Purchaser are unable to resolve a Dispute through informal negotiations, either Purchaser or Cheeky Scientist may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. PURCHASER UNDERSTAND THAT ABSENT THIS PROVISION, PURCHASER WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Purchaser’s arbitration fees and Purchaser’s share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Cheeky Scientist will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Hamilton County, State of Ohio. Except as otherwise provided in this Agreement, Purchaser and Cheeky Scientist may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The Parties agree that (i) no arbitration proceeding hereunder shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or Persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. THE PARTIES AGREE TO ARBITRATE A DISPUTE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
- Relationship of Parties. This Agreement shall not be construed as creating an agency, partnership, joint venture or any other form of association, for tax purposes or otherwise, between the parties; and the parties shall at all times be and remain independent contractors. Neither party shall have any obligation or duty to the other party except as expressly and specifically set forth herein, and no such obligation or duty shall be implied by or inferred from this Agreement or the conduct of the parties hereunder. Cheeky is not an agent or fiduciary of Purchaser and does not owe any duty of confidentiality to Purchaser.
- Modification or Amendment. No amendment, change, or modification of this Agreement shall be valid unless made in writing and duly executed by Cheeky. Terms may be amended from time to time as determined by Cheeky and notice will be provided on Cheeky’s website or emailed to You.
- Headings. The headings used in this Agreement are for convenience only and shall not be considered in construing or interpreting this Agreement.
- Counterparts. This Agreement and any amendments hereto may be executed in one or more counterparts. All of such counterparts shall constitute the same Agreement and shall become effective when a copy signed by each party has been delivered to the other party. The parties agree that facsimile and electronic signatures shall be as effective as if originals.
- Entire Agreement. It is understood, acknowledged and agreed that there are no oral agreements between the parties hereto and that this Agreement constitutes the parties’ entire agreement and supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties hereto, and none thereof shall be used to interpret or construe this Agreement. This Agreement contains all of the terms, covenants, conditions, warranties and agreements of the parties and will be considered the only agreement between the parties hereto.