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Ashley Janelle, LLC - UX Course AGREEMENT

WITNESSETH:

WHEREAS, Consultant is recognized as User Experience Design Coach.

WHEREAS, the client desires to retain Consultant to provide services related to and in support of efforts in which Consultant has expertise;

NOW, THEREFORE, in consideration of the premises and the mutual conditions and promises herein contained, the parties here to agree as follows:

  1. Consulting Services. Consultant shall furnish the client with her best advice, information, judgment and knowledge with respect to User Experience Design and User Interface Design.

  2. Term. The term of this Agreement shall begin on 11 day of November, 2019, and shall, subject to the provisions for termination set forth herein, continue until and terminate on 18 day of May, 2020. Client may take as long as they need to complete the course, but feedback from consultant will cease on 18 day of May,2020.

  3. Compensation - Flat Fee. For all services that Consultant renders to the client or any of its subsidiaries or affiliates during the term hereof, the client will pay Consultant a flat fee of $1999 USD by October 28, 2019 and $2499 by November 1 payable immediately.

  4. Confidential Information and Intellectual Property.

    • Consultant shall maintain in strict confidence, and not use or disclose except pursuant to written instructions from the client, any Trade Secret (as defined below) of the client, for so long as the pertinent data or information remains a Trade Secret,provided that the obligation to protect the confidentiality of any such information or data shall not be excused if such information or data ceases to qualify as a Trade Secret as a result of the acts or omissions of Consultant.

    • Consultant shall maintain in strict confidence and, except as necessary to perform his duties hereunder, not to use or disclose any Confidential Business Information (as hereinafter defined) during the term of this Agreement andfor a period of one (1) year thereafter.

    • Consultant may disclose Trade Secrets or Confidential Business Information pursuant to any order or legal process requiring the disclosing party (in its legal counsel's reasonable opinion) to do so, provided that the request or order to so disclose the Trade Secrets or Confidential Business Information in sufficient time to allow the client to seek an appropriate protective order.

    (a) "Trade Secret" shall mean any information, including, but not limited to, technical or non-technical data, a formula, a pattern, a compilation, a program, a plan, a device, a method, a technique, a drawing, a process, financial data, financial plans, product plans, or a list of actual or potential customers or suppliers which (i) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. "Confidential Business Information" shall mean any nonpublic information of a competitively sensitive or personal nature, other than Trade Secrets, acquired by Consultant in connection with performing services for the client, including (without limitation) oral and written information concerning the client’s financial positions and results of operations (revenues, margins, assets, net income, etc.)), annual and long-range business plans, marketing plans and methods, account invoices, oral or written customer information, and personnel information. (b) All original works of authorship that result from the performance by Consultant of his duties hereunder, are deemed to be"works made for hire" under the copyright laws of the United States, and will be and will remain the sole and exclusive property of the client.Consultant, at the client’s request and sole expense, will assign to the client in perpetuity all proprietary rights that he may have in such works of authorship. Such assignment shall be done by documents as prepared by the client. Should the client elect to register claims of copyright to any such works of authorship, client will, at the expense of the client, do such things, sign such documents and provide such reasonable cooperation as is necessary for the client to register such claims, and obtain, protect, defend and enforce such proprietary rights. Consultant shall have no right to use any trademarks or proprietary marks of the client without the express, prior written consent of the client regarding each use.

    d. In the event Consultant shall violate or threaten to violate the provisions of this Section 4, damages at law will be an insufficient remedy and the client shall be entitled to equitable relief including but not limited to injunction, monetary damages, punitive damages, and specific liquidated damages in the amount of $5000 for disclosure of confidential information and use of such information to solicit client’s customers. In addition, other remedies or rights available to the client and no bond or security will be required in connection with such equitable relief.

    • The existence of any claim or cause of action that Consultant may have against the client will not at any time constitute a defense to the enforcement by the client of the restrictions or rights provided by this Section 4, but the failure to assert such claim or cause of action shall not be deemed to be a waiver of such claim or cause of action.

    • For purposes of this Section 4, "client" shall include the client and all of its direct and indirect subsidiaries and any predecessors of the client.

  5. Acts Discreditable. Consultant shall at all times refer to client and its operating units in terms that further its business objectives.Consultant shall not refer to client or its operating units in a manner that damages client’s position in the marketplace.

  6. Termination. This Agreement may be terminated by either party upon written notice if the other party breaches any of its obligations hereunder and the breaching party fails to cure such breach within thirty (30) days after receipt of notice of such breach.

  7. Severable Provisions. The provisions of this Agreement are severable, and if any one or more provisions may be determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions, and any partially enforceable provision to the extent enforceable in any jurisdiction, shall nevertheless be binding and enforceable.

  8. Binding Agreement. The rights and obligations of the client under this Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of the client. The rights,obligations and duties of Consultant hereunder may not be assigned or delegated without the client’s prior written consent.For all services that Consultant renders to the client or any of its subsidiaries or affiliates during the term hereof, the client will pay Consultant a flat fee of $1999 USD by October 28, 2019 and $2499 by November 1 payable immediately.

  9. Relationship of Parties. The client and Consultant are independent contractors. Both parties acknowledge and agree that Consultant's engagement hereunder is not exclusive and that either party may provide to, or retain from, others similar such services provided that it does so in a manner that does not otherwise breach this Agreement. Neither party is, nor shall claim to be, a legal agent, representative, partner or employee of the other, and neither shall have the right or authority to contract in the name of the other nor shall it assume or create any obligations, debts, accounts or liabilities for the other.

  10. Notices. Any notices or other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given and delivered when delivered in person, two (2) days after being mailed postage prepaid by certified or registered mail with return receipt requested, or when delivered by overnight delivery service or by facsimile to the recipient at the following address or facsimile number, or to such other address or facsimile number as to which the other party subsequently shall have been notified in writing by such recipient:

  11. Waiver. Either party's failure to enforce any provision or provisions of this Agreement shall not in any way be construed as a waiver of any such provision or provisions as to future violations thereof, nor prevent that party thereafter from enforcing each and every other provision of this Agreement. The rights granted the parties herein are cumulative and the waiver by a party of any single remedy shall not constitute a waiver of such party's right to assert all other legal remedies available to him or it under the circumstances.

  12. Governing Law. This Agreement will be governed by and interpreted in accordance with the substantive laws of the State of Illinois without reference to conflicts of law.

  13. Captions and Section Headings. The various captions and section headings contained in this Agreement are inserted only as a matter of convenience and in no way define, limit or extend the scope or intent of any of the provisions of this Agreement.

  14. Entire Agreement. With respect to its subject matter, this Agreement and its Exhibits constitute the entire understanding of the parties superseding all prior agreements, understandings, negotiations and discussions between them whether written or oral, and there are no other understandings, representations, warranties or commitments with respect thereto.

  15. Results. Individual results will result in individual behavior ie, the ability to obtain a job at the conclusion of the coaching session(s).

contact us

If there are any questions regarding this terms of use you may contact us using the information below.

Ashley Janelle
ashley@ashleyjanelle.com

This policy was last modified on October 24, 2019

This privacy policy discloses the privacy practices for Ashley Janelle. This privacy notice applies solely to information collected by this website. It will notify you of the following:

  • What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
  • What choices are available to you regarding the use of your data.
  • The security procedures in place to protect the misuse of your information.
  • How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site. We only have access to and/or collect information that you voluntarily give us via email or other direct contact from you. We will not give, sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to process an order through one of our suppliers.

orders

If you purchase content or services from us, we request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you.

Registration

Access to some of our online content may be restricted. To gain access to it, a user must first complete a registration form. During registration a user is required to give contact information (such as name and e-mail address).

Email Newsletters & Alerts

If a user wishes to subscribe to our alerts, updates, newsletters, article digests, etc. we ask for contact and delivery information such as name and email address. All of these email lists provide opt-out facilities online and in the footer of each email broadcast. In some cases the user is asked to provide optional demographic and personal interest information that is used to keep our content as relevant as possible.

Do we use cookies?

Cookies are files which can be placed onto your computer’s hard drive, once permission has been given. There are numerous benefits to having cookies placed on your hard drive. If you have accepted, cookies are used to identify when you visit a particular site, as well as analyze web traffic. Cookies also facilitate a more personal web experience, allowing web applications to gather information about your personal preferences, and respond to you as an individual.

Please visit: http://www.aboutcookies.org for more information on cookies.At ashleyjanelle.com, traffic log cookies are used to identify the pages that are being used. From the data provided by these cookies, we can analyze web page traffic and tailor our website to our customer’s needs. This information is only used for the purpose of statistical analysis.

You have the choice of whether or not to accept cookies through the majority of web browsers. You can decline cookies within your web browser settings if necessary. However, doing so will not give you full functionality of the website. If you accept cookies, we are able to monitor which pages our visitors find useful. This provides us information to be used for a better user experience. We do not have access to your computer or any other information about you through the use of cookies.

This website uses the following cookies:

Log Files

As with most other websites, we collect and use the data contained in log files. The information in the log files include your IP (internet protocol) address, your ISP (internet service provider, such as OptusNet or AOL), the browser you used to visit our site (such as Internet Explorer or Firefox), the time you visited our site and which pages you visited throughout our site.

Sharing

We share aggregated site traffic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.

We use an outside credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.

links

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

Surveys & Contests

From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as post-code or age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address shown on our website:

  • See what data we have about you, if any.
  • Change/correct any data we have about you.
  • Have us delete any data we have about you.
  • Express any concern you have about our use of your data.

security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Your Consent

By using our site, you consent to our online privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page, and/or update the modification date below.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

Ashley Janelle
ashley@ashleyjanelle.com

This policy was last modified on March 25, 2019

All images, texts, graphics, and trademarks are property of Ashley Janelle unless another party is attributed. By obtaining services from Ashley Janelle or accessing this website you agree that:

  • You will not copy, duplicate or steal our website or its content. That is considered theft, and we reserve our right to prosecute theft to the full extent of the law.
  • You will not copy, adapt, or imply that our website or its content and products is yours or created by you.