TASKOLOGY® SELF-STUDY PROGRAM
Terms and Conditions
I. The Program
This Program is a workload management and productivity program (collectively “Program”) lasting 90 days with a set start date and a set end date. All Productive Day training materials and content (together “Content”) will be available via a members-only content hub for the duration of the Program. Hub access ends automatically at Term expiration. Productive Day reserves the right to modify the Program at any time for any reason and will ensure that You are provided with applicable updates while You are in the Program. Any bonuses sold with the Program are considered part of the Program and all Agreement terms and conditions will apply. Bonuses will be added to the Program at onboarding or when available.
II. Program Fees
If You opt for the Pay-in-Full payment plan, You will gain access to the Program and all Program Content upon receipt of full payment at the time of enrollment. If You are utilizing a 2-Pay Plan, You will be charged the initial payment at the time of enrollment, followed by one final payment 30 days later. You are responsible for making all required installation payments on time and ensuring that Your account remains in good standing for the entire duration of the Term. The payment plan is NOT a monthly subscription, and there is no option to cancel or stop payments until the total program fee has been paid. Monthly payments are due regardless of Your activity in the Program. If any payment due is declined by You or Your financial institution, You will have five (5) business days from the date payment was declined to bring Your account into good standing. If payment is not received within five (5) business days, Your access to the Program will be revoked until payment/s due are received by Productive Day and the account is brought back into good standing. Extensions to the completion time of the Program will not be offered as a result of interruptions or limitations of Program access due to late or missed payments.
III. Refunds
Productive Day does not guarantee or otherwise warrant Participant outcomes from the Program or Participant satisfaction with the Program. No refunds, withdrawals, or cancellations of any kind will be issued for the Program for any reason, including deposits or any partial payments. Productive Day does not grant refunds for the Program since You are gaining FULL and IMMEDIATE access to ALL Content contained in the Program. By entering into this Agreement, You acknowledge, represent, warrant, and agree that You are taking full responsibility for Your own success during the Program and therefore You are permanently waiving the right to seek, request, or claim any refund of the Program Fees.
IV. Term
This Agreement will commence upon Your acceptance of this Agreement via your digital signature and receipt of Your full payment or initial payment, if utilizing the monthly payment plan, for the Program by Productive Day. You agree and understand that upon the Effective Date of this Agreement, You will become enrolled in the Program, which will conclude 90 days following the Effective Date. At the time of expiration, you will be removed from the Program and you will no longer have access to the Program Content unless you renew your membership as offered by Productive Day.
V. Early Termination
All participants in this Program are expected to conduct themselves in a manner consistent with the highest levels of professional conduct. Any behavior that violates the standard of conduct may result in (i) suspension of access to part or all of the Program and/or (ii) early termination of this Agreement. Any use of the Program to disparage Productive Day, Leslie Shreve, the Program, the Program content, or any Participant in the Program, or any person, including such person’s business, opinions, and/or beliefs, may result in immediate removal from the Program without notice and at the sole discretion of Productive Day.
VI. Intellectual Property and Confidential Information
Subject to the terms and conditions herein, only You are being granted access to the Program, and during the Program You will be exposed to the proprietary and/or confidential information of Productive Day (collectively “Confidential Information.”) You acknowledge and agree that, as between You and Productive Day and its third-party licensors, and except for the limited, revocable license expressly granted to You herein, You do not have any rights to, ownership in, or interest in any Confidential Information or any Intellectual Property of Productive Day, whether by implication, estoppel, or otherwise. Productive Day shall at all times own and continue to own all rights, titles, and interest in and to Confidential Information and Intellectual Property.
Unless specifically and expressly authorized by this Agreement, You do not have any rights to reproduce in part or in whole any Confidential Information or Intellectual Property of Productive Day. You shall not teach, gift, sell, discuss, disclose, reveal, provide, resell, license, or make available to any third party any of this Confidential Information including, but not limited to, Program Content (whether in digital form or made available to You in private social media groups, or otherwise), proprietary information, intellectual property, images, audio, video, documentation, quizzes, designs, works made for hire, marks, trademarks, service marks, trade secrets, trade dress, survey data, survey results, techniques, formulas, methods, processes, notes, or any login member credentials. You will not use any Productive Day Confidential Information for Your own business venture.
VII. Hold Harmless/Indemnification
Upon being granted access to the Program, You agree to release, indemnify, and hold harmless Productive Day, its officers, members, managers, agents, attorneys, and employees from any and all claims, suits, or actions of any kind arising out of or related to Client participation in the Program and its Content. You will, at Your own expense, defend, indemnify, and hold harmless Productive Day from any and all actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of, related to, or in connection with this Agreement. Productive Day is not responsible for errors and omissions, or failures to act and will not, under any circumstances, be liable to You for Your errors and omissions, or failures to act as part of The Program. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
VIII. Disclaimer/No Warranties
Upon entering into this Agreement and enrolling in the Program, You agree to take full responsibility for Your success and results from the Program. Productive Day does NOT guarantee or otherwise warrant Participant success in the Program, Participant satisfaction with the Program, nor does it warrant or guarantee future earnings, profitability, business growth, or specific results of any kind from the use of the Content provided by the Program. You understand and acknowledge that the success of each individual is different and Your success depends on many factors, including, but not limited to Your actions, choices, and decisions; Your dedication to learning and implementation of the Content; and Your continued use of the strategies offered in the Program.
Further, any client examples, such as before-and-after stories, case studies, or testimonials, that exhibit specific results or successes do not serve as warranties, guarantees, or promises for Your success or the success of any member in the Program.
In addition, Taskology is not intended and should not be used as a guide for creating a records retention program or system that will comply with any state or federal records retention requirements, including, but not limited to, email compliance and optical imaging. Before creating or implementing records retention guidelines, You should consult with qualified advisors from various fields of expertise, which may include legal, tax, accounting, human resource, information technology, and others.
Productive Day specifically disclaims any liability, including without limitation, direct, indirect, or consequential loss or damage whatsoever, arising out of or relating to the disposal, destruction, deletion, or removal of any correspondence or other documentation, whether physical or digital. Be advised that to the extent You dispose of, destroy, delete, shred, or remove any correspondence or other documents, physical or digital, You do so at Your own discretion and at Your own risk.
Productive Day also disclaims all other representations and warranties, expressed and implied, including without limitation any implied warranties of merchantability and/or fitness for a particular purpose. The Program is being offered “AS IS,” without any type of warranty whatsoever.
IX. Enforceability/Severability/Construction
The invalidity of any portion of this Agreement, whether declared invalid by a court or otherwise, shall not affect the validity of the remainder of the Agreement. If a court of competent jurisdiction should find the provisions of any part of this Agreement to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application thereof shall remain enforceable to the fullest extent permitted by law and shall not be in any way affected, impaired, or invalidated. The language in all parts of this Agreement will be construed as a whole according to its fair meaning and not strictly for or against any Party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any amendments hereto.
X. Non-Transferability
The rights and obligations under this Agreement are personal to You. You may not assign or transfer any rights or obligations under this Agreement.
XI. Promotional Material
By entering into this Agreement, You affirmatively agree and acknowledge that Productive Day may at any time reproduce and/or disseminate any testimonial You make which describes or otherwise references, either directly or indirectly, Your experience in the Program, including any specific results experienced by You over the course of Your participation. You agree and acknowledge that this includes any written statements You may publish through social media accounts and online forums, as well as any statements and/or images captured or otherwise recorded over the course of the program or or at any event related to the Program. You further represent and warrant that any statements or testimonials that You make shall be correct, accurate, and truthful. Additionally, You irrevocably and permanently grant, assign, and convey to Productive Day the right to use, broadcast, distribute, and exhibit in any form now or later developed, including publications for promotion on website entries and social media sites, Your name, likeness, image, photograph, voice, and video as related to and in conjunction with Your attendance of any Program event and/or participation in the Program (collectively “Your Materials”). You irrevocably and permanently waive any right to royalties or other compensation arising from or related to the use of Your Materials.
XII. Entire Agreement
This Agreement constitutes the entire agreement between the parties, replaces any and all prior agreements between the parties, and may not be modified unless in writing signed by both parties. You represent, warrant, and agree that You are not relying upon any prior proposal, sales call, representation, promise, or understanding relating to the Program, whether oral or written. The terms and conditions of this Agreement are the sole expression of the Agreement between the parties, unless the parties mutually and specifically agree otherwise in a subsequent duly executed writing. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. PDF, facsimile, and/or electronic signatures shall be treated as original signatures for all purposes.
XIII. Waiver/Binding Effect/Counterparts
None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of Productive Day, its officers, members, managers, agents, or employees, except by duly signed written instrument. The failure of Productive Day to enforce any provision of this Agreement shall not constitute a waiver of the future enforcement of that provision and shall not constitute a waiver of the enforcement of any other provision. The Parties represent and warrant that they are authorized to execute this Agreement and that this Agreement and all of its terms and provisions shall be binding upon and inure to the benefit of the Parties and their heirs, legal representatives, successors, and assigns.
XIV. Remedies
In the event of a breach or threatened breach by You of any of the provisions of this Agreement, You hereby consent and agree that Productive Day shall be entitled to obtain, as a matter of right hereby granted, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that monetary damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages, or other available forms of relief.
XV. Governing Law/Jurisdiction
This Agreement and any action on this Agreement shall be governed and construed in accordance with the laws of the State of Maryland. The courts of Maryland and/or the United States District Court for the District of Maryland shall have exclusive jurisdiction to settle any dispute arising between the parties out of this Agreement. However, any judgement and/or court order arising out of any litigation to enforce the terms of this Agreement shall be enforceable in every state of the United States and worldwide.
