TERMS OF PURCHASE AGREEMENT
This Terms of Purchase Agreement (the “Agreement”), is made by and between Lexi D’Angelo Coaching, LLC (hereafter known as “Company”), and you (hereafter known as “Purchaser”, and collectively, the “Parties”).
By purchasing a Program (as defined below) from Company, Purchaser agrees to the following terms:
Company provides The Coven™ (herein referred to as the “Program”) as an online experience. Purchaser agrees to abide by all policies and procedures as outlined in this agreement as a condition of their purchase.
The Program includes business and spiritual coaching services, business and spiritual training and related materials, including, but not limited to business and spiritual development training materials, workbooks, proprietary tools, live video coaching, phone coaching, in-person coaching, online forums, Facebook groups, pre-recorded coaching videos, and coaching workshops.
Purchaser understands Company is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Coaching, which is not directive advice, counseling, or therapy, may address overall goals, specific projects, or general conditions in Purchaser’s life or profession. Coaching services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training. Company promises that all information provided by Purchaser will be kept strictly confidential, as permissible by law.
- PROGRAM STRUCTURE.
- This Program is on-going membership program.
- Company’s requests for Purchaser’s participation in the Program:
- Please be on time to all calls and trainings you have signed up for. If you will be late, notify Company in advance. If you will miss a call or training, notify Company at least 24 hours in advance. Calls and trainings will not be re-scheduled, as it is a group program format.
- Be honest and participate fully. The more you put into this experience, the more you will get out.
- Make a commitment to the action plans you create, and do what you have agreed to do.
- Understand that the power of the coaching relationship can only be granted by you, and commit to making the relationship powerful. If you see that the coaching is not working as you desire, communicate and take action to return the power to the relationship.
Your subscription begins on the date you purchase the Program. This Program is an ongoing Program that requires a monthly payment and shall be automatically renewed each month without further action by either the Purchaser or the Company, until you or we terminate the Agreement as provided below. Purchaser understands that a relationship with Company does not exist between the Parties after the conclusion of the Program. If the Parties desire to continue their relationship, a separate agreement will be entered into.
You accept our Terms by:
(a) using and continuing to use our Services
(b) paying for our Services; or
(c) written confirmation that you accept, including by email.
Company is committed to providing all Purchasers in the Program with a positive Program experience. By signing below, Purchaser agrees that the Company may, at its sole discretion, terminate this Agreement and limit, suspend or terminate Purchaser’s participation in the Program without refund or forgiveness of monthly payments if Purchaser becomes disruptive or upon violation of the terms.
After the first initial 30 days, if Purchaser decides to leave the Program, they must give 30 days notice prior to their next billing cycle. All cancellations must be received with written notice 30 days prior to the next billing cycle to firstname.lastname@example.org. Purchaser is responsible for any payments within the final 30 days.
The monthly payment of this Program is $66. Purchaser will be billed $66 each successive month on the date of their first payment. For instance, if the Purchaser’s first payment is on May 5th, the Purchaser’s monthly recurring payments will be billed on the 5th of each month. Payments may be received through PayPal, debit or credit card. Purchaser grants Company the authority to charge the card(s) provided each month. If a payment is not received, Company reserves the right to suspend Services until payment is complete. No refunds of prior payments will be given.
As a subscriber to The Coven™ Program, the Purchaser agrees as follows:
- The Purchaser agrees to pay, using a valid credit card (or other form of payment which we may accept from time to time). The Company reserves the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to the Purchaser by such means as the Company may deem appropriate from time to time (including electronic mail or conventional mail). The Company is granted authorization by the Purchaser by accepting these Terms to auto bill all applicable subsequent The Coven™ charges. The renewal charge will be the same as the prior period’s charge, unless the Company notifies the Purchaser in advance at the time of sign up or prior to the beginning of the renewal period as described above. In the event that the Company cannot charge your account, the Company reserves the right to terminate the Purchaser’s access to the Program.
- In addition to the fees and charges set forth above, the Purchaser is responsible for all charges and fees associated with connecting to and using the Company’s Program, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Program.
- If the Company terminates the Purchaser’s subscription to the Program at the end of the applicable period, you agree that all fees and charges assessed by the Company are nonrefundable. Nonrefundable fees include the full Monthly Fee for any month (or portion thereof) elapsed (regardless of whether the Purchaser participated in the Program during that month). If the Company cancels or terminates the Purchaser’s subscription to our Program (as opposed to the Purchaser canceling their subscription) prior to the end of a period for which the Purchaser has incurred a charge, the Company will refund any unused portion of such period on a pro rata basis.
- To the extent that Purchaser provides Company with credit card(s) information for payment on Purchaser’s account, Company shall be authorized to charge Purchaser’s credit card(s) for any unpaid charges on the dates set forth herein. If Purchaser uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Purchaser shall not make any charge backs to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Purchaser is responsible for any fees associated with recouping payment on charge backs and any collection fees associated therewith. Purchaser shall not change any of the credit card information provided to Company without notifying Company in advance.
- If the Purchaser believes that the Company has erroneously charged their credit card, the Purchaser agrees to promptly notify the Company of such error. If the Purchaser fails to notify the Company within fourteen (14) days after the alleged error first appears on the Purchaser’s credit card statement, the charge shall be deemed accepted by the Purchaser for all purposes, including, but not limited to, the resolution of inquiries or investigations made by the issuer on the Purchaser’s credit card. The Purchaser agrees to release the Company from all liabilities and claims of loss resulting from any alleged billing error or any discrepancy that the Purchaser fails to report to the Purchaser within fourteen (14) days of its submission to the Purchaser.
- In the event Purchaser fails to make any of the payments within a payment plan during the time prescribed, Company has the right to immediately disallow participation by Purchaser until payment is paid in full. In addition, a late fee may be charged. If Purchaser does not reinstate payment for 30 days, Company shall terminate Program agreement and cease all remaining sessions and access to materials. No refunds of prior payments will be given.
- Due to the nature of the Program no refunds will be given to the Purchaser.
- If the Program terminates for any reason regarding the Purchaser’s breach of this agreement, the Purchaser will remain fully responsible for the full cost of the Program (including future payments if the Purchaser is paying in installments).
- We ask that the Purchaser please not enroll in the Program if they just want to “check it out.” The Company puts an extraordinary amount of time and effort into this Program, and expects The Purchaser to do the same. The Program is for serious students only.
- CALLS + FACEBOOK GROUP
Company will hold calls over the web. It is Purchaser’s responsibility to attend all calls with Company. If Purchaser fails to attend calls, they will not be rescheduled.
Purchaser also understands that any/all scheduled coaching calls and/or other benefits expire at the end of the Term of this Program and will not be carried-over.
Purchaser acknowledges that all group calls will be recorded and given access to recordings to continue to listen to for personal growth whether Purchaser actively participated in a call or not. Purchaser also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by Company.
Purchaser agrees that the Company may use any and all content inside of the Facebook group for their website, marketing materials and testimonials.
This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, Or otherwise, throughout the Term of this Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.
- COMPELLED DISCLOSURE OF CONFIDENTIAL INFORMATION.
Notwithstanding anything in the foregoing, in the event that Purchaser is required by law to disclose any of the Confidential Information, Purchaser will (i) provide Company with prompt notice of such requirement prior to the disclosure, and (ii) give Company all available information and assistance to enable Company to take the measures appropriate to protect the Confidential Information from disclosure.
- NON-DISCLOSURE OF COMPANY MATERIALS.
Material given to Purchaser in the course of Purchaser’s work with the Company is proprietary, copyrighted and developed specifically for Company. Purchaser agrees that such proprietary material is solely for Purchaser’s own personal use. Any disclosure to a third party is strictly prohibited.
Company’s Program is copyrighted and the original materials that have been provided to Purchaser are for Purchaser’s individual use only and are granted as a single-user license. Purchaser is not authorized to use any of Company’s intellectual property for Purchaser’s business purposes. All intellectual property, including Company’s copyrighted Program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
The Company’s commercial partners, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Program content, which they make available inside of the Program. Purchaser may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Program content, in whole or in part, without the express written consent of the Company.
Further, by signing below, Purchaser agrees that if Purchaser violates, or displays any likelihood of violating, any of Purchaser’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Purchaser shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Purchaser and its relationship with Company.
Purchaser agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Purchaser’s participation or action(s) under this Agreement. Purchaser agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Purchaser’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.
- DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Boston, Massachusetts. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
- GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the state of Massachusetts, regardless of the conflict of laws principles thereof.
- ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
This Agreement is deemed signed and accepted by Purchaser and Purchaser’s electronic click to accept the terms of this Agreement and Purchaser’s purchase of the Program.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
This Agreement may not be assigned by either Party without express written consent of the other Party.
- FORCE MAJEURE.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
- CHANGES TO THIS AGREEMENT.
Company may revise these terms and will always post any updated or more recent versions on Company website. By continuing to use or access the Program after any revisions come into effect, Purchaser agrees to be bound by the revisions.
- PURCHASER RESPONSIBILITY; NO GUARANTEES.
Purchaser accepts and agrees that Purchaser is 100% responsible for its progress and results from the Program. Company will help and guide Purchaser; however, participation is the one vital element to the Program’s success that relies solely on Purchaser. Company makes no representations, warranties or guarantees verbally or in writing regarding Purchaser’s performance. Purchaser understands that because of the nature of the Program and extent, the results experienced by each Purchaser may significantly vary. By signing below, Purchaser acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Purchaser will reach its goals as a result of participation in the Program and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantee other than that the Services offered in this Program shall be provided to Purchaser in accordance with the terms of this Agreement.