Terms of Service

Thank you for purchasing Dynamic Training Resources (“Product”). All sales are final for this
product. By signing the Memorandum of Understanding, clicking “Buy Now,” “Complete Order,”
or any other phrase on the purchase button, entering your credit card information, or otherwise
rendering payment (either in-full or partial) for the product for which these terms appear
("Product," “Course,” and/or “Program”), you (“Client” and/or “Customer”) agree to be provided
with products, programs, or services by Jennings Miller ("Creator") in her capacity as creator of
Dynamic Training Resources (“Product”), and you are executing a legally binding agreement with
the Creator, subject to the following terms and conditions:
1. INTRODUCTION

Dynamic Training Resources (“Product”) is a product that provides teachers and clinicians with the
necessary resources to deliver instruction in a Science of Reading based classroom. Jennings Miller has
created the Dynamic Training Resources ("Product") to supplement the Customer’s ability to deliver
instruction.

2. TERM & TERMINATION

This Term of this Agreement shall be one year from the date of initial purchase, with the exception of
Sections 6 through 11, which shall survive the Term of this Agreement.
Termination - Client dissatisfaction with Product and/or Coach’s subjective teaching style, independent
judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request
of any monies returned to Client. Even if Client does not complete all portions of the Program, Client is
nevertheless responsible for all payments due and owed under this Agreement by making the first
payment of the Program at checkout and executing these Terms and Conditions.

3. DISCLAIMERS

The Creator is not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist,
accountant, public relations manager, social media manager, doctor, counselor, business operations
manager, financial analyst, business executive, or other agent of Customer’s business. Customer
understands that the Program is created to help Customer learn new skills and assist Customer with
finding his/her own direction. The Program may offer guidance regarding classroom or clinic decisions,
but it is the responsibility of the Customer to make the final decision and choose the best option for
his/herself.
Client understands that the Product has been designed by Jennings Miller for general educational and
informational purposes only, with the goal of teaching Customer new skills and providing Customer with
awareness of teaching strategies. Through the Product, the Creator might provide guidance regarding
classroom or clinical decisions, but it is ultimately the responsibility of the Customer (and only the
Customer) to make the final decision for his/herself. By using Creator’s services and purchasing this
Product, Client accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction.
Client agrees that Product will not be held liable for any damages of any kind resulting or arising from the
use or misuse of the Program. Client agrees that use of this Product is at user’s own risk.
Client hereby acknowledges that coaching and mentorship services are subjective services and Creator’s
methods to provide this service may change in terms of style and/or technique. Product and/or Coach
may use its personal judgment to provide the Program services to Client, even if these methods do not
follow strict adherence to Client’s suggestions.

This Product does not include: 1) individualized advice and feedback; 2) procuring business or potential
clients for Customer; 3) performing any business management services for Customer, such as
accounting, operations, research, or development; 4) therapy sessions in the form of psychotherapy,
psychoanalysis, or behavioral therapy; 5) publicity, public relations and/or social media marketing
services; 6) legal or financial advice; 7) introduction to Product’s professional network and business
relationships.
Customer hereby acknowledges that Customer is solely responsible for the amount and type of income
that Customer generates by implementing techniques and advice provided by Course. Customer also
acknowledges that the Creator cannot and does not guarantee that implementation of the Product will
provide Customer with a lucrative business or higher test scores. Customer also agrees that he/she is
solely responsible for any decision Customer makes and indemnifies Product from any liability regarding
said decision.

4. PROGRAM SPECIFICS

The Product includes downloadable resources such as word lists, rule pages, passages, connected text,
and sequences.
Creator reserves the right to substitute services equal to or comparable to the value of Product if
reasonably required by the prevailing circumstances as determined exclusively by Product.
This Product may be distributed by Creator either directly or through a third-party platform. Creator
reserves the right to substitute services equal to or comparable to the value of Product if reasonably
required by the prevailing circumstances as determined by Product. Access to this Product is currently
through a third-party platform, Google Drive and Thrivecart Learn+. Creator is not liable for any limitation
of access to the Product caused by Google Drive or Thrivecart Learn+
5. CLIENT’S RESPONSIBILITIES

The Product has been developed for educational purposes only. The Creator has established its
proprietary Product in order to educate and inspire Customer to pursue his/her teaching goals. However,
Customer hereby acknowledges that Product does not guarantee Customer’s goals, whatever the goals
may be, will be reached by completing and implementing the advice and techniques in the Product.
Customer accepts and agrees that Customer is 100% responsible for his/her results from the Product.
Customer acknowledges that, as with any investment, there is an inherent risk associated. As such,
Customer agrees there is no guarantee that Customer will attain his/her goals by simply using these
resources.
Nevertheless, Customer acknowledges that he/she can optimize her potential results from the Product by
adhering to the following:
● Attending additional training sessions
● Taking 100% responsibility for Customer’s results, 100% of the time.

6. PAYMENT & FEES

(a) Upon execution of this Agreement, Client agrees to pay to the Creator the full purchase amount for the
Product, regardless of what payment option Client selects at checkout.
(b) If Client selects a payment plan option, Client agrees to pay all fees pursuant to the payment schedule
outlined at checkout and selected by Client. All payments must be paid before the Program start date, or
else Product reserves the right to send Client to collections for any outstanding monies due and owed
under this Agreement.

(c) Client authorizes Creator to charge the credit card or account used at checkout to complete all
payments pursuant to the payment plan Client selected at checkout, and Client does not require separate
authorization for each payment.
(d) If any payments fail, Client agrees to remedy the situation immediately (ie. update Client’s payment
information, provide a new credit card, and/or make all past-due payments within 5 business days) or else
Client forfeits his/her right to access the Product.
(e) The Client shall not threaten or make any chargebacks to the Creator’s account or cancel the credit
card that is provided as security without the Creator’s prior written consent. Creator reserves the right to
collect any and all monies owed by Client to Creator for the Product, by any means necessary within the
parameters of the law. The Client shall pay for any fees associated with recouping payment, including but
not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Creator reserves the
right to report the incident to credit reporting agencies as a delinquent account.
(f) Late Fees - Creator understands that, from time to time, there are issues with payment. All payments
must be received by Creator within ten (10) business days of the due date for that installment. Any
payments not received within 10 days of their due date shall be subject to a late fee of $50.00 USD. Any
payments not received within 20 days of their due date shall result in Customers breach of these terms
and may result in removal of access to the Product. Client shall still remain responsible to make all
payments due and owing under this Agreement to Product in the event Client’s access to the Program is
revoked.

7. REFUND POLICY

All sales are final for this course. Due to the inherent nature of educational programs and the electronic
transmission of the same, there are no refunds.

8. NON-DISCLOSURE, CONFIDENTIALITY & NON-DISPARAGEMENT

Confidential Information & Non-Disclosure - Creator takes pride in its proprietary information included in
each Product. As such, Customer agrees and acknowledges all Confidential Information shared through
this Product and by the Coach is confidential, proprietary, and belongs exclusively to the Creator.
“Confidential Information” includes, but is not limited to:
● Any systems, sequences, processes or steps shared with Customer;
● Any information disclosed in association with this Agreement;
● Any systems, sequences, processes, or trade secrets in connection with the Product or Product’s
business practices.
Testimonials - Creator also agrees to protect Customer’s personally identifiable information. However,
from time to time, the Creator may use general statements about Customer’s success for testimonials as
part of Product’s marketing strategy. By agreeing to these Terms, Customer agrees to Product sharing
Customer’s success stories as testimonials in any matter across any media at the sole discretion of
Product.
Non-Disparagement - Client agrees, during and/or after use of Product, to refrain from making any
statements, whether oral or in writing, that negatively impact Creator’s program, business, services,
products, or reputation.

9. INTELLECTUAL PROPERTY & LIMITED LICENSE

Intellectual Property - This Product and the related content shall be considered intellectual property
owned by Creator. Other examples of intellectual property owned by Creator and within Creator’s
products include, but are not limited to: trademarks, service marks, layout, logos, business names,
course/program/module names, design, text, written copy, certain images, podcast recordings,

workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual
Property”).
Limited License - Creator grants only a limited, personal, non-exclusive and non-transferable license to
Customer to use the Intellectual Property for Customer’s personal and internal business use. Nothing in
this Agreement shall transfer ownership of or rights to any intellectual property of the Product to the
Client, nor grant any right or license other than those stated in this Agreement. Customer acknowledges
that his/her purchase of this Product is for his/her/its single individual use (or within a singular school).
Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter,
sell, or share with others any products or parts of the Program without prior written consent or
unless provided otherwise.
If Customer is also a business owner or professional in a similar industry, Customer shall not
misappropriate any of Product’s Intellectual Property and proprietary information in the following manner:
● Teaching Customer’s clients/customers/audience any of the information, methods, solutions, or
formulae owned by Creator and passing it off as Customer’s own;
● Copying any of Creator’s Product content and/or material for Customer’s commercial use;
● Copying, publishing, transmitting, transferring, selling, creating derivative works from,
reproducing, or in any way exploiting any of the Intellectual Property owned by Product in either
whole or part without prior written consent.

10. INDEMNIFICATION / LIMITATION OF LIABILITY

Customer hereby acknowledges that Creator is not liable for any injuries that may arise from Customer’s
actions, omissions, or decisions based off Customer’s use of this product including but not limited to: a
decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of
Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold
harmless Creator of any claims that may arise after use of this Product.
Access to this Product is currently through a third-party platform, Thrivecart Learn+ and Google Drive.
Creator is not liable for any limitation of access to the Product caused by Thrivecart Learn+ and Google
Drive.

11. MISCELLANEOUS

A. Amendments - We reserve the right to amend this Agreement from time to time. Any
amendments must be agreed in writing and executed by both parties.
B. Headings & Severability - Headings are included for convenience purposes only and shall not
affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it
shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of
this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in
compliance with applicable law in a light most favorable to the original intentions of the parties. If the
unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to
law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all
other provisions shall remain in full force and effect.
C. Entire Agreement - This Agreement reflects the entire agreement between the parties. This
Agreement trumps any other existing negotiations, communications or Agreements between the parties,
whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
D. All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us.
E. Governing Law - Product is located in the United States and is subject to the applicable laws
governing the United States. The governing law for this agreement is the laws of Georgia.
F. Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding
arbitration.

G. Maximum Damages - Client agrees and acknowledges that the maximum amount of damages
that Client may be entitled to in any claim arising from this Agreement or Program shall not exceed the
total cost of the Program.
H. Execution – Customer agrees to accept the above Agreement in its entirety when Customer
selects and confirms “I agree to the Terms & Conditions” at the signing of the Memorandum and by
rendering first payment.