Terms of Service

The Potomac Foundation Terms of Use and Conditions of Sale

This Agreement sets forth the legally binding terms for your association with The Potomac Foundation including use of The Potomac Foundation website(s), and purchases of memberships, products and/or services (collectively, “the Services”). This is a legally binding agreement between you and The Potomac Foundation. By signing, clicking the “accept” button, or by using The Potomac Foundation website(s) and or Services, you agree to be bound by this agreement. Please read this agreement carefully and retain it for future reference. If you do not agree with our Terms of Use or Conditions of Sale, you should leave The Potomac Foundation website and discontinue use of the Services immediately.

Privacy The Potomac Foundation’s full privacy policy may be accessed at www.Potomacfoundation.com/privacy. When attending a live event, in which The Potomac Foundation participates in, you agree that The Potomac Foundation may receive your personal identifying information from the event facility, excluding all information pertaining to your credit card or method of payment. The purpose of this is to allow The Potomac Foundation to use that information internally and to share information regarding products and services with event attendees, in accordance with the posted Privacy Policy.

Services Use of The Potomac Foundation Services are provided “as is”, and without warranties. While The Potomac Foundation attempts to be as accurate as possible, our information should not be relied upon as being comprehensive or error-free. The Potomac Foundation Services are designed to enhance your personal and business relationships. This information is intended for educational and research purposes only. The Potomac Foundation does not guarantee any specific results from use of the Services and makes no representations or warranties as to specific outcomes or results. The Potomac Foundation cannot guarantee happiness, health, wealth, or success. Your future success is solely dependent upon you. When you use The Potomac Foundation Services, you are taking full responsibility for your actions. Examples of success in using The Potomac Foundation Services are not to be interpreted as a promise or guarantee of earnings or life enhancement. Any potential benefit from association with The Potomac Foundation, including financial or other perceived benefit is entirely dependent on the efforts and skills of the person applying the information provided within The Potomac Foundation services, programs and materials.

Products and services purchased, including The Potomac Foundation memberships, may include varied components, including live events, workshops, coaching, masterminding, seminars, webinars, manuals, independent-study programs, videos, audio tracks and/or other products and services. Products and Services may be delivered through any means currently available, including but not limited to various physical and electronic delivery methods. All Services are for individual and intended use in or in conjunction with The Potomac Foundation programs only. Program content is for individual use only, and may not be sold, transmitted, stored in an automatic retrieval system, audio recorded, video recorded, shared, taught, given away, or otherwise divulged without the express written consent of The Potomac Foundation, or its designated agent. You agree not to divulge information gained through association with the Potomac Foundation, relationship partners, and assign, through participation in services.

The Potomac Foundation Community Members will each be issued a unique username and password, and should only be used by one individual. You agree not to share login information, call-in numbers, passwords, and protected links with non-members.

Cooperation We are committed to providing all participants in The Potomac Foundation programs and services with a positive experience. Therefore, The Potomac Foundation may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, without refund or forgiveness of remaining payments if You, or your invited guests, become disruptive or difficult to work with, fail to follow the Program guidelines, or Impede the full enjoyment or participation of The Potomac Foundation staff or Program participants.

Terms This Agreement will stay in force and effect until the end of the term indicated on your order form. Failure to pay required fees may result in The Potomac Foundation terminating the Agreement prior to the end of the term, and discontinuing your access to Services. Your use of The Potomac Foundation website(s) or Services after your termination may extend the term of this Agreement and may cause you to incur additional fees.

Medical Disclaimer The Potomac Foundation, its employees and agents are not responsible for any physical or non-physical damages, including mental and emotional damages, either real, perceived, imagined, or otherwise sustained as a result of the use of the Programs and Services provided through The Potomac Foundation Website(s) or through participation in live events. Participants must rely solely upon their own judgment to determine whether they are able to safely participate in any The Potomac Foundation events and programs. Participation and/or use of any Services is at your own risk.

 

Accessibility Compliance The Potomac Foundation does not discriminate against individuals with disabilities from full participation in programs and services. The Potomac Foundation allows people with disabilities access to programs and services in the most integrated setting appropriate to the needs of the individual. Eligibility criteria for Potomac Foundation programs and services is equally applied to all applicants, regardless of disability.

Due to the nature of some of these programs and services, The Potomac Foundation reserves the right to determine an individual’s ability to participate in a mainstream program and make reasonable modifications, if necessary.  Prior to registration or participation in any Potomac Foundation program or service, participants will be provided with the essential components of the activity, and its physical and cognitive requirements to ensure their safety and the safety of others, during the program or service event.

It is the responsibility of the individual to notify The Potomac Foundation of any limitations on the individual’s ability to participate in any Potomac Foundation activities including any condition (e.g., mental, physical, emotional), which might affect their health or well-being, the well-being of others, or affect their ability to engage in Potomac Foundation activities.

The Potomac Foundation will engage the individual, through dialogue about potential modifications that may allow active participation in programs and services including a dialogue potentially with the applicant’s physician, or others familiar with the applicant’s disability and modifications utilized in the past.

If an individual, who wishes to participate in The Potomac Foundation, has a medical condition or disability, we must determine whether they can participate in the program, with or without modifications to the program. In considering modifications, that will allow access to programs and services, we must consider the needs of all participants.

We will use outside resources (e.g., a consulting physician, interest groups, adaptive equipment manufacturers/sellers, associations for specific disabilities, the individual’s physician) in making decisions about potential modifications/safety issues.

It is the policy of the Potomac Foundation to screen all program and services participants to understand and effectively deal with any medical or health concerns before participation and to refer out applicants who, for medical reasons or otherwise, cannot or should not attend the program.

Access to programs and services (including proposed modifications) is not required, however, if it would 1) result in an undue burden (e.g., “significant” cost, training, etc.) on the entity; 2) fundamentally alter the nature of the camp program or activity (for the individual and others); or 3) compromise the safety of others attending the camp session or program.

Relationship Nothing contained in this Agreement shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other; (ii) deem the parties to be acting as partners, joint ventures, co-owners or otherwise as participants in a joint undertaking; or (iii) allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever.

Modification The Potomac Foundation may modify this Agreement from time to time and such modification shall be effective upon posting upon The Potomac Foundation Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is important that you review this Agreement regularly to ensure you are updated as to any changes.

Assignment You may not, without the prior written consent of The Potomac Foundation, assign this Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so shall be a material default of this Agreement and shall be void. The Potomac Foundation’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by The Potomac Foundation.

Third Party Beneficiaries This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.

Governing Law This Agreement shall be interpreted according to the laws of the Commonwealth of Virginia without regard to or application of choice-of-law rules or principles.

Waiver No failure of either party to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches.

Severability In the event any provision of this Agreement is held by a court of other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they begin negotiations for a suitable replacement provision.

Force Majeure If either party is prevented from performing any of its obligations under this Agreement due to any cause beyond the party’s reasonable control, including, without limitation, an act of God, fire, flood, natural disaster, explosion, war, strike, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”) the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from the payment of any sums of money owed by you to The Potomac Foundation; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.

Construction This Agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting this Agreement in construing or interpreting the provisions hereof.

Remedies Except as provided herein, the rights and remedies of The Potomac Foundation are set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity.

Binding Effect This Agreement shall be binding upon and shall inure to the benefit of the respective parties hereto, their respective successors-in-interest, legal representatives, heirs and assigns.

Damage Waiver In no event shall either party be liable to the other party hereunder for any lost profits or other consequential, incidental, indirect, special or similar damages, even if such a party has been advised of the possibility of such damages. In no event shall either party be liable to the other for exemplary or punitive damages. Notwithstanding anything to the contrary contained herein, The Potomac Foundation’s liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the total amount paid, if any, by you to The Potomac Foundation for the services during the term of the agreement.

Use of The Potomac Foundation’s Name, Logo, Likeness or Intellectual Property You shall not, in the course of performance of this Agreement, or thereafter, use The Potomac Foundation’s name, logo, likeness or intellectual property in any advertising or promotional media without the express permission of The Potomac Foundation.

Intellectual Property The materials provided as part of your Services are copyrighted and may not be reproduced in any form, or by any means, physical electronic or otherwise, without the express written permission of The Potomac Foundation. You may not reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post or use the content of the materials for public or commercial purposes without the express written permission of The Potomac Foundation. The trademarks, logos and service marks (collectively the “Trademarks”) displayed on the materials are registered and unregistered Trademarks of The Potomac Foundation and other third parties that have authorized the use of such Trademarks on the Website and within The Potomac Foundation’s materials. Nothing contained in the materials or on The Potomac Foundation website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of The Potomac Foundation or the appropriate third party. Your use of the Trademarks displayed on the materials, on the website, or in any other content, except as provided in these terms and conditions, is strictly prohibited.

Terms of Use Agreement You agree to the terms and conditions of the Terms of Use found at www.The Potomac Foundation.com.

Disputes If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the Commonwealth of Virginia, United States of America, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the Commonwealth of Virginia. Either The Potomac Foundation or you may demand that any dispute between you and The Potomac Foundation about or involving the Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Alexandria, Virginia, United States. The foregoing shall not prevent The Potomac Foundation from seeking injunctive relief in a court of competent jurisdiction.

Indemnity Your indemnity applies only to the following limited circumstances claims arising out of this Agreement, your use of the Services, a breach of this Agreement, any breach of your representations and warranties set forth above, and/or if any content that you post using the Services causes The Potomac Foundation to be liable to another. In these circumstances, you agree to indemnify and hold The Potomac Foundation, its subsidiaries and affiliates, and their officers, agents, attorneys and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by you or any third party.

Void-ability The Services are provided individually or as part of a package. Failure to use or download the any portion of the products or services as available and intended, including not logging into a membership account, will not void any part of this agreement nor entitle you to a refund in whole or in part.

Entire Agreement This Agreement represents the entire understanding relating to the Services and prevails over any prior or contemporaneous, conflicting or additional communications. In order to participate in certain Services, you may be notified that you may be required to agree to additional terms and conditions. You may receive a copy of this Agreement by contacting The Potomac Foundation Customer Service Department.

Contact If you would like to contact The Potomac Foundation through our customer service department.

The Potomac Foundation Payment Terms

Payment Payments for products or Services are expected, in full, at the time of service unless specifically stated in the actual service agreement or product order form. Fees for Services may be pre-paid or by installment, if indicated on your service agreement or order form. If payment arrangements are made, they are done so in consideration of the customer. In any case, you agree to pay the full amount agreed upon, at the time of purchase, and not to cancel this transaction with your bank or credit card company without due cause. Actual payment terms may vary depending upon the individual product, service or membership purchased.

The Potomac Foundation is not responsible for any overdraft charges, over limit fees, or non-sufficient fund fees by your bank or credit card company as a result of any Services purchased through The Potomac Foundation. If you make installment payments, missed payments may result in suspension or termination of Services. If after 30 days from the date of a missed payment you have not made arrangements with The Potomac Foundation to make up the payment, your Services will be cancelled and no fees will be refunded.

Terms This Agreement will stay in force and effect until the end of the term indicated on your order form. Failure to pay required fees may result in The Potomac Foundation terminating the Agreement prior to the end of the term, and discontinuing your access to Services. Your use of The Potomac Foundation website(s) or Services after your termination may extend the term of this Agreement and may cause you to incur additional fees.

We are happy to speak with you regarding any questions or concerns that you may have about The Potomac Foundation’s products or services. Please Contact Us.

The Potomac Foundation Refund Policy

Refund Policy for Downloadable/Internet-Based Products and Services. Due to the method of distribution, and the inherent inability to ensure that a downloaded product or service can be fully returned, no refunds will be issued for any downloadable or internet-based products and services unless specifically noted in writing at the time of sale or on the order form.

Refund Policy for Physical Product Purchase. There are no refunds on physical products. Physical products that were received damaged will be replaced within 10 days after the original date of purchase. In order to be eligible, a replacement request must be submitted in writing (via postal mail, email or fax) within the 10-day replacement period. Damaged product must be returned in its entirety, to The Potomac Foundation. Product replacement requests will be processed within two (2) weeks of the date on which the returned product is received by The Potomac Foundation

 

Refund Policy for Live Events If The Potomac Foundation cancels a live on-location event, The Potomac Foundation will give participants the option of having their money refunded, within 30 days of the event cancellation, or applying their payment to future events. Our refund is limited to the cost of the event actually paid and does not include incidental or related expenses incurred by the event participant. If an event is cancelled because of circumstances outside The Potomac Foundation’s control (force majeure such as natural disaster, facility shutdown, etc.), The Potomac Foundation will not offer cash refunds, but will apply participants’ payments to future live events. If a participant must cancel their participation in any event they have paid for, there is no guarantee of a refund. Depending upon the individual circumstances, The Potomac Foundation may allow the participant to apply their payment to future events, but will not refund the money in cash. It is the policy of The Potomac Foundation to only issue refunds prior to the completion of one-fourth of the content of a live event. Questions or concerns that may arise during a live event should immediately be directed to the event staff for resolution.

Refund Policy for Consulting, Coaching and Mentoring Due to the nature of Consulting, Coaching and Mentoring, programs and services must be agreed upon and payable in advance. The Potomac Foundation guarantees the quality of our work, but not the outcomes, which are most often subject to variables outside of our direct control. There is no guarantee of outcome of success for any consulting, coaching or mentoring programs and none is implied. The information in these programs and services is specifically designed to the individual or organization and based upon their specific needs, and circumstances. Therefore Consulting, Coaching and Mentoring programs and services are non-refundable and non-cancelable. If you wish to discontinue these services, you may do so at the conclusion of the current contract. If you need to postpone the delivery of such programs and services, you may do so. Consulting, Coaching and Mentoring programs and services may be postponed, delayed, and rescheduled without penalty and without time limit, though the payments are due as specified, regardless of circumstances of the delay, unless otherwise specified in writing at the time of the contract.

Refund Policy for Speaking Engagements When you schedule a speaking engagement through The Potomac Foundation, we request that the entire speaking fee is paid in advance, in order to hold the event date on our calendar. If you must change or postpone the date of the speaking engagement, we will make every attempt to reschedule or replace the speaker, at no additional cost, subject to availability. No refunds will be given on events that are scheduled then cancelled or rescheduled. If a Potomac Foundation speaker becomes unavailable after scheduling an engagement, for any reason other than by Force Majeure, we will provide you with as much advance notice as possible, replace the scheduled speaker or immediately refund our speaking fee.

We are happy to speak with you regarding any questions or concerns that you may have about The Potomac Foundation’ products or services. Please Contact Us

The Potomac Foundation Affiliate Disclaimer

Through this disclosure is The Potomac Foundation attempt to fully comply with the Federal Trade Commissions’ policy that requires transparency in any and all affiliate relationships that we may have.

The pages on this website and/ or email may, at times, include affiliate links.

If you choose to click on these affiliate links and go to the resulting site, a cookie will be set in your web browser that will cause The Potomac Foundation to receive a commission based upon any products you purchase through the link. On occasion, hyperlinks on this site may be shortened, and in some cases cloaked, for ease of use and tracking purposes. Link tracking, shortening and renaming is a common online business practice.

Our affiliate partnerships provide a legitimate way to monetize and pay for the operation of our web sites.

We seek only to provide you with links to companies that we have found trustworthy and are happy to reveal our affiliate relationships. While we are not responsible for any content on a third party site, nor are we responsible for the delivery of any third party products and services, we are interested in learning of your experience on any affiliate site. If any experience with a trusted vendor does not live up to your expectations, please let us know by contacting us.

It is our policy to promote products and services that we trust and feel will be of personal value to you. We do not accept payment for any blog posts or reviews that we may write. At times, we may post about products or services that have an affiliate relationship with. We strive to provide our honest opinions and findings related to anything that we promote through our website(s). It is up to you, our site visitor, to determine your own best course of action, taking into consideration your personal circumstances and individual research, prior to participating in any programs or recommendations made by or through this site.

Third Party vendors may place paid advertising on our sites in the form of banners, widgets, or hyperlinks. While we do our best to only allow trusted products and services to be advertised either through email or on our site, we are not responsible for third party claims or testimonials made on paid advertising links.