THE TOY CHALLENGE TERMS AND CONDITIONS:
First Effective Date August 20, 2024. Last Updated August 20,2024.
Welcome! By accessing, participating in, or joining "The Toy Challenge" (the "Challenge") as outlined on the web page where You register, You ("You" or the "Participant") agree to the terms and conditions below. Please read the following because once You submit payment for the Challenge, You explicitly agree to all of the following terms, conditions, and policies; all of which shall create a binding legal document (the "Agreement") between You and The Toy Coach Inc. ("Company").
GENERAL: All services, advice, recommendations, resources, online education, handouts, and similar provided by Company pursuant to this Agreement (collectively, the "Services") shall be made following reasonable commercial and industry standards. The Participant understands and acknowledges that Company does not and cannot guarantee any results from the Services. Creating a successful product or brand is not easy. Results are not guaranteed and will vary depending on Your efforts, the quality of the product(s), and how You interpret and implement the materials and advice.
CHANGES TO THE TERMS AND CONDITIONS: Company may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Challenge and all related websites thereafter. Your continued use of the Challenge and related websites following the posting of revised Terms and Conditions means that You accept and agree to the changes. You are expected to check this page every time You visit, so You are aware of any changes, as they are binding to You.
ACCESS TO PROGRAM/SERVICES: The Challenge may include digital or downloadable resources, an online course, workshops, training, and online private forums operated by the Company (for any purpose), whether on a website hosted by the Company or a third-party website such as an online course platform.
You will have access to the Challenge materials for the duration of the Challenge. Upon completion of the Challenge, your access to certain materials may be limited or revoked at the discretion of the Company. This Agreement will immediately terminate any and all licenses granted to You to use the material provided to You under these Terms of Use or any other agreement. You shall immediately cease using the material and shall destroy all copies of the information provided to You, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
ACCESS TO BONUSES: From time to time, Company may offer limited-time bonuses to individuals who sign up for the Challenge. You shall be entitled to any bonuses offered to You at the time of Your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the Challenge and may vary depending on specific live and automated promotions throughout the year. Company reserves the right to offer additional program elements from time to time, for any subgroup of participants. These additional program elements are a bonus, not a part of the services included in the base version of the Challenge.
PAYMENTS: Company offers one payment option for the Challenge at the time of purchase. You are responsible for making all payments associated with your payment plan according to the date you enrolled. In the event that payment is not made, the Company has the right to revoke your membership to the Challenge. Under such circumstances, Company will not be responsible for any content or group coaching calls missed by the Participant.
INTELLECTUAL PROPERTY: Each Participant may be entering this Agreement with his or her own unique intellectual property, confidential information, and other proprietary information or methods. The Participant should NOT disclose anything about their product or product idea to other Challenge participants. During the course of this program, if You choose to expose any product or product idea that is not already public, You agree to give up all rights to take legal action against Company or any current or future Participant of the Challenge or any similar program or course Company may release.
Participant acknowledges that Company, its clients, affiliates, companies, assigns and Participants, as well as other Participants in the Challenge, have developed, manufactured, and distributed, and will continue to develop, manufacture and/or distribute numerous product lines and brands, including but not limited to toys and games and entertainment products and services under a variety of brand names, for themselves and/or a variety of customers, companies, or other third parties, in any and all media and through any and all distribution channels now known or hereinafter devised or developed (collectively for purposes herein, "Company Products"). Any intellectual property that a Participant submits and/or discloses to Company or other Participants may be similar or identical to Company Products that have been or may be developed by Company, the parties mentioned above, or Participants of Company, or that have been submitted and/or disclosed by third parties to Company. In the case that Company or other Participants are already working on a product similar to Your product, You acknowledge that Company and other Participants will maintain full ownership and continue making their products and brands and You will do the same with Yours. For clarity, others may have the same or a similar idea (or ideas) as You so by participating in the Challenge, You hereby release all third parties related to Company from any liability whatsoever and agree not to pursue any legal remedies You may have, including without limitation intellectual property infringement. Further, You will indemnify Company and all related third parties if someone else pursues You for intellectual property infringement or product liability or anything else of a legal nature.
You understand and acknowledge that Company has spent significant time, effort, and expense on creating the Challenge and all materials and content related thereto. You are being granted a limited, personal, non-exclusive, non-transferable, revocable license to use our courses, programs, and associated material (collectively the "Courses") for Your own personal or internal business use. Except as otherwise provided, You acknowledge and agree that You have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner. Notwithstanding any other provision in this Agreement, Company may obtain an injunction against You if Company reasonably believes You are misusing the Challenge materials.
By ordering or participating in the Challenge, You agree that the materials You purchase or download may only be used by You for Your personal or business use and may not be sold or redistributed without the express written consent of Company.
By ordering or participating in the Challenge, You further agree that You shall not create any derivative work based upon the materials and You shall not offer any competing products or services based upon any information contained in the Challenge.
CONFIDENTIALITY: You understand that you may be sharing ideas and concepts during the Challenge and anything you disclose or ideas you give to others are not confidential. Unfortunately, the nature of the Challenge involves Participants interacting with one another and with other third parties, including Company. By participating in the Challenge, and by disclosing Your ideas and concepts, You are acknowledging that You have no expectations of confidentiality for Your ideas and concepts. Notwithstanding, we are a community of people looking to learn and help one another, so by participating in the Challenge, You agree not to disclose another Participant’s ideas and concepts with anyone else. For clarity, confidential information does not include matters of public knowledge, information rightfully received by the receiving party from a third party that didn’t have a duty of confidentiality, information independently developed by a third party, information that is compelled to be disclosed by operation of law, or any other information understood not to be confidential herein.
CHALLENGE PLATFORM: The Challenge will be delivered via a password-protected online platform. The Participant will be assigned a username and password to access the Challenge platform. The Participant is solely responsible for maintaining their login username and password to gain access to the Challenge platform. The Participant understands that sharing their username or password with a third party is in breach of the Intellectual Property agreement within the Challenge terms and may result in legal action.
LIVE WORKSHOPS (GROUP COACHING CALLS): The Challenge includes 5 live workshops, which also serve as group coaching calls. These calls are designed to provide support, answer questions, and guide Participants through the challenge. It is each Participant’s responsibility to attend these live workshops to get the full value of the Challenge. These workshops will be performed via a platform such as Zoom or another online platform to be determined before the workshops. During the workshops, the Participant may submit questions via chat box or form submission. By attending these workshops, You permit Company to take screenshots and videos from these calls for internal and public purposes.
Participant agrees to be respectful of everyone and acknowledges that any offensive or poor behavior will have them removed from a call without warning. Participant acknowledges that no soliciting, advertising of Your own service or product, spamming the chat box, or going off-topic will be tolerated. Again, Participants should NOT disclose any information about their product, idea, or concept that is not already public. Company does not give legal advice. Participant hereby grants Company permission to use Participant’s name, company name, future product, all likenesses, voices, recordings, products, or project names and images (but only after Participant makes such things public) for promotional purposes without further approval from or compensation for You.
REFUND POLICY: Due to the digital nature of The Toy Challenge, all sales are final, and no refunds will be provided. We believe in the value and effectiveness of this program, but we understand that committing to a course is a big decision. If you have any questions or need further clarification before purchasing, we invite you to contact us at support@thetoycoach.com. We’re here to help ensure this program is the right fit for you before you make your investment.
MISCELLANEOUS:
• EARNINGS AND OTHER DISCLAIMERS: We cannot guarantee any results or financial outcomes (including sales from your products or ideas) from or based on any advice or information you receive from the Company. While every effort is made to provide you with relevant and accurate tips and suggestions for finding and getting jobs, there is no guarantee you will be able to find or get a job. Results for all of the foregoing will depend on market conditions, the availability of actual opportunities, your efforts and of course, for jobs, it will be up to the discretion of third party companies. Any claims of past successes are not indicative of future results. the Company may recommend third party goods or services, but cannot guarantee or be responsible for results or quality of those third party goods or services. In some instances, the Company may collect a commission for your use of such third party recommendations, which shall have no effect to the above statements and you agree to indemnify the Company from use of same.
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You confirm understanding that your success depends on many factors, including your skills, your particular situation, your effort, and innumerable other circumstances beyond the control and/or knowledge of the Company. Therefore, the Company can't promise that you'll achieve a certain outcome or level of success. By taking this course, you understand that any results you achieve are entirely up to you. You understand that the Company is not responsible for any results, positive or negative, that come from using the information provided in this course.
• INDEPENDENT CONTRACTOR RELATIONSHIP: This Agreement does not create and shall not be construed as creating a relationship of employment, partnership or joint venture. Unless otherwise indicated herein, neither Party shall have the right to obligate or bind the other Party in any manner whatsoever and nothing herein shall give or is intended to give any rights of any kind to third parties. For clarity, it is understood and agreed that The Toy Coach may render other similar services on behalf of other Students or third parties, and nothing contained in this Agreement shall preclude The Toy Coach from rendering such services.
• WAIVER: The failure of either Party at any time(s) to demand strict performance by the other of any of the terms, covenants or conditions set forth herein shall not be construed as a waiver of that term, covenant or condition. Each Party may, at any time, demand complete performance by the other of said terms, covenants and conditions. A valid waiver must be executed in writing and signed by the Party granting the waiver.
• ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior communications, agreements or understandings, both written and oral. This Agreement may not be changed or modified except as evidenced by a writing signed by both parties.
• GOVERNING LAW AND DISPUTE RESOLUTION: THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW JERSEY; APPLICABLE TO AGREEMENTS FULLY EXECUTED AND PERFORMED THEREIN, WITHOUT REGARD TO ANY CHOICE-OF-LAW PRINCIPLES. THE EXCLUSIVE VENUE FOR ALL DISPUTES HEREUNDER SHALL BE BY BINDING ARBITRATION IN BERGEN COUNTY, NEW JERSEY. IN ANY DISPUTE OR CONTROVERSY REGARDING THE TERMS OF THIS AGREEMENT OR THE BREACH THEREOF, THE PARTIES AGREE THAT THE FIRST RECOURSE SHALL BE TO ATTEMPT TO AMICABLY RESOLVE THE DISPUTE.
• ASSIGNMENT AND ASSIGNS: This Agreement shall be binding upon and inure to the benefit of both Parties and their respective successors and assigns. You understand that You cannot share Your password or any content from the Course with any third parties. The rights granted in this Agreement are specific to You. Any assignment or transfer in contravention with this section shall be null and void.
• SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect.
• HEADINGS/CONSTRUCTION: The headings for the different sections herein are for convenience only and shall not affect the meaning of the provisions of this Agreement. You acknowledge that You understand and agree to the terms and conditions of this Agreement. Furthermore, You agree that this instrument should not be construed against its drafter.
Thank You!
The Toy Coach
Contact Information:
The Toy Coach Inc.
77 Engle Street #8077
Englewood, New Jersey 07631
USA
Email Address: support@thetoycoach.com