Parties
This Agreement is between Amie the Dating Coach the (“Company”) and you (the “Client”). It is intended to govern and control your purchase of Path to Love Group Coaching Program, Jumpstart Your Love Life Program, Profile Make Over Session, and How to Conquer Online Dating Program from the Company.
Accepting these terms
You are entering into a legally binding agreement with the Company, a Nevada Company according to the following terms and conditions, when you do any of the following:
With this acceptance, the Parties agree that any individual, associate, and or assign are bound by the terms of this Agreement. A facsimile, electronic, or emailed executed copy of acceptance of this Agreement is legally binding with either a written or electronic signature and has the same result as an originally signed copy.
Company’s Services
This Agreement is executed, when Client accepts these terms (electronically, verbally, written, and or otherwise). The Company agrees to provide services related to the Program.
The terms of this Agreement are binding on any additional goods and or services supplied by Company to Client.
Parties agree that the Program is in the nature of Education and Coaching. The scope of services provided by Company according to this Agreement are limited to those listed on Company’s website, or as part of the Program. Company reserves the right to substitute services equal to or comparable to the Program for the Client if the need arises, without prior notice.
Confidentiality
No transfer of intellectual property
Company’s copyrighted and original materials are provided to the Client for his or her individual use only and under a limited single-user license.
Client is not authorized to use any of Company’s intellectual property, trademarks and or copyrights, for any purpose for this program. Client is not authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically, or otherwise without the prior written consent of the Company.
All intellectual property, including Company’s copyrighted course materials shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
Program Rules
To the extent that Client interacts with Company staff and or other Company Clients, Client agrees to behave professionally, courteously, and respectfully with staff and clients at all times. Client agrees that failing to follow course rules is cause for termination of this Agreement. In the event of such a termination, Client is not entitled to recoup any amounts paid and remains responsible for all outstanding amounts of the Fee.
Disparagement
In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute is the venue identified below. Parties further agree that they will not engage in any conduct or communications public or private, designed to disparage the other. Such an act constitutes a breach of this Agreement.
Use of Program Materials
No resale of services permitted
Client agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the Program including materials, use of the Program, or access to the Program. This Agreement is not transferable or assignable without the Company’s prior written consent.
Termination
If Client is (1) behind in payment, or (2) otherwise in default of this Agreement, then full payment is immediately due and Client is barred from using any of Company’s services. Company is allowed to immediately collect all Fees from Client and stop providing further services to Client.
Payment
Client agrees to pay Company according to the payment schedule
Refunds
Upon execution of this Agreement, Client is responsible for the full Fee. If Client decides to cancel, not participate, or changes his or her mind, the Company does not provide any refund for any reason to the Client if past 30 days.
Chargebacks & Payment Security
To the extent that Client provides Company with credit card(s) information for payment of Fee on Client’s account, Company is authorized to charge Client’s credit card(s)for any unpaid charges on the dates agreed to in the Payment Schedule.
Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment and collection fees associated with the chargeback. Client shall not change any of the credit card information provided to the Company without notifying Company in advance.
Controlling Agreement
In the event of any conflict between the provisions contained in this Contract, any marketing materials used by Company, Company’s representatives, or employees, the provisions in this Agreement control.
Entire Agreement
This Agreement is the entire agreement between the parties relating to the subject matter and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. Modification to this agreement is by a written instrument executed by both Parties.
Limitation of liability
By using Company’s services and enrolling in the Program, Client releases Company, its officers, employees, directors, and related entities from any and all damages that may result from his or participation in the Program. The Program provides Education and Coaching. Client accepts any and all risks, foreseeable or non-foreseeable arising from the Program.
Regardless of the previous paragraph, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lessor of:
(a) The total Fees Client paid to Company in the one month prior to the action giving rise to the liability, or
(b) $368.00
All claims against the Company must be filed with the entity having jurisdiction within the state’s statutes of limitations or otherwise be forfeited forever. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Client agrees that use of Company’s services is at Client’s own risk.
Disclaimer of Guarantee
Client accepts and agrees that he or she is 100% responsible for his or her progress and results from the Program. Client accepts and agrees that he or she is the one vital element to the Program’s success and that Company cannot control Client.
Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically stated. Company and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all Clients will achieve the same results.
Choice of Law/Venue
[Venue]This Agreement is governed and interpreted in accordance with the laws of the State of Nevada without giving effect to any principles of conflicts of law.
[Arbitration]The Parties agree to submit any dispute or controversy arising out of, or relating to this Agreement to arbitration in the State of Nevada, Las Vegas according to the rules of the American Arbitration Association. The arbitration is binding upon the Parties and their successors in interest. The prevailing party may collect all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.
Survivability
The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of Fees owed set forth in this Agreement, and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this Agreement for any reason.
Severability
If any of the parts or provisions contained in this Agreement are interpreted as invalid or unenforceable only that part or provision is affected. The invalidity or unenforceability does not affect the other parts or provisions of the Agreement.