For good and valuable consideration of three hundred and fifty dollars ($350) Client has agreed to purchase a yearly subscription as a Featured Resource within the Momma Has Goals Platform (hereinafter “Platform”). In exchange, Company agrees to provide the services outlined in the Platform Details below, and Platform Addendum attached hereto.
- Platform Outline:
- Client agrees and understands that he/she is purchasing an annual subscription to the Platform as a featured resource partner and industry expert or leader.
- Client acknowledges that he/she has read the Platform Addendum and conducted any additional research necessary to feel he/she understands what is being provided in Platform as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Company’s website.
- Platform is not to be considered a substitute for personal Companying, therapy or medical treatment. Platform is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe you may be in need of personal Companying, therapy, medical treatment or a diagnosis to relieve a current condition, Platform is not right for you. By completing this Agreement, you confirm you are not looking for medical treatment, understand the difference between Companying and treatment, and do not expect Company to provide any services other than that outlined below in the Platform Outline Addendum.
- Should Client breach this provision and disclose confidential or proprietary information belonging to Company or another participating in the Platform, Client understands additional action may be taken by Company up to and including legal action.
- Company Referrals
- Client understands part of Program may include Company referrals to other experts within the industry, and in other areas of expertise, depending on Client’s current needs and desires for where he/she would like to see results in his/her life or business. Such experts will be part of Company’s membership community, and may be available for training, Q&A, or other services within Company’s membership community. If Company refers Client to any Company or expert, Client understands (a) any election to work with and/or purchase a product or service from one of these experts is wholly voluntary, and solely the exclusive decision of Client, following all research he/she completed of the expert or experts recommended by Company; (b) Company will not have any liability or involvement should a disagreement arise between Client and a referred Company or expert, and Client will not attempt to implicate or otherwise involve Company, other than as needed or required by law; (c) Company is not responsible for any results or lack thereof should Client elect to work with expert. Any decision made by Client to work with a third party is outside the scope of Package, and Company shall not be liable for same.
- Company may request Client provide a testimonial to be published on Company’s website, or on various sales materials for this or another Program created by Company. Client understands that he or she is not required to give any testimony and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Company and Client if Client refuses testimonial.
- If Client accepts and provides Company with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Company’s website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming same, and confirming Company’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Company an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Company as part of a Testimonial.
- Payment and Payment Plans
- Client understands the cost of the being featured within the Platform on the basic tier is three hundred and fifty dollars ($350),which is payable each month, and charged automatically, in accordance with the Auto-Renewal Terms outlined below in paragraph five (5). Client understands he/she is responsible for the full payment each month, and agrees to pay the sum requested electronically, via Company’s website or a designated third-party payment processor of Company’s choosing, in full.
- Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) Client’s business privileges on platform may be forfeited if payment is not made within 7 days of the date it is due
- Company reserves the right to cancel Client’s access to Platform should he/she fail to make additional payments in accordance with the Auto-Renewal Terms as outlined below. Should this occur, Client understands she is not entitled to a refund of funds already issued to Company for access to Platform.
- Company reserves the right to provide promotional pricing or coupons.
- Auto-Renewal Agreement
- CANCELATION POLICY: If Client wishes to cancel or change his or her membership, Client must do so more than 48 hours before the charge is scheduled to withdraw. Any requests for cancelation made less than 48 hours before the automatic renewal is scheduled to charge Client’s card, or made subsequent to the charge, will take effect the following year.
- HOW TO CANCEL: In order to cancel a membership, Client must send an e-mail to firstname.lastname@example.org with the subject line RESOURCE CANCELATION, including the Client’s name, email address, and confirmation of request to terminate his or her agreement. Client will be notified upon Company’s receipt of email, and his or her membership will subsequently be canceled prior to the following billing period, assuming it is more than 48 hours away.
- As outlined above, if Client cancels his or her membership less than 48 hours before the automatic renewal is scheduled to charge Client’s card, Client acknowledges and agrees he or she will be charged for the next year, and the cancelation will take effect following this. Should this occur, Client will have access to Platform for the year in which Client paid, with membership terminating at the end of the last paid year.
- IF Client purchased access to Platform during a period in which a free month(s), or trial period was granted, Client understands he or she will be automatically charged the full monthly amount of $350 following the end of the trial period. Client will not be given any additional notice regarding the end of the trial period, other than the email as outlined above, notifying Client that his or her card will be charged in the near future for the following month.
- By checking the box on the purchase page confirming your agreement to these Terms, you also confirm you are given your unequivocal, clear, affirmative consent to your agreement with these automatic renewal terms, the cancelation policy, and that you understand how to cancel before your card is charged for the following month.
- Refund Policy
- Company is not able to offer refunds once Client has been released as a featured resource within the community. If Client is dissatisfied with his or her resource partnership, he or she may elect to Cancel via the CANCELATION POLICY outlined above in paragraph five (5), and will not be charged for subsequent years.
- Client further agrees and understands that changing his/her mind about the Platform, failing to follow through or understand the details of the Platform, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle her to a refund.
- Company is not responsible for any specific technology you may need in order to adequately view and utilize Platform. Client’s inability to access Platform due to a technology issue on Client’s end does not qualify Client for a refund, nor does it alleviate Client of his or her responsibility to make yearly payments, unless or until Client’s membership is properly canceled in accordance with the cancelation policy in paragraph five (5).
- Medical Disclaimer – Not Medical or Professional Advice
- Platform and content contained within the Platform is not to be considered personal Companying, therapy or counseling, medical treatment or advice, and nothing within the Platform is intended to provide or act as a substitute for mental health treatment.
- Company encourages Client to consult a physician if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase Platform will have previously obtained clearance and permission from their applicable personal medical physician and has concluded that the Companying Platform offered is right for them. Nothing contained within Platform is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.
- Voluntary Participation
- Client understands and agrees that he/she is voluntarily choosing to enroll in Platform and is solely responsible for any outcomes or results. While Company believes in her services and that Platform is able to help many people, Client acknowledges and agrees that Momma Has Goals LLC is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Platform and any results therein.
- Client also agrees any decision to hire a Company, educator, or other expert within Platform is solely the decision of Client, and is in no way affiliated with, requested by, or guaranteed by Company. Client may elect to experience Platform and make connections within the community without ever using any referrals or the additional network, or may elect to seek out additional Companying from an expert within the community – Company will support Client in any decision he/she makes; none of which are requested or required by Company. Any such decision will be solely that of Client’s and Company shall not be responsible, liable, nor included in any such relationship.
- Disclaimer /No Guarantees
- Intellectual Property
- Client agrees and understands that Company has created numerous original, creative works in connection with the Platform, and agrees that Company maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Platform, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Company. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Company. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Company to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Platform.
- Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Company or obtained through working with Company, without Company’s express written consent. If such behavior is discovered or suspected, Company reserves the right to immediately end Client’s participation in the Platform without refund, as well as access to any Platform or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
- Content provided by Experts: In the event a member of the personal network and/or Platform presents information to the community in the form of a free training, Q&A call, Company is not responsible nor liable should such expert’s content or training allegedly infringe on any third party’s proprietary rights, or if such content or training is otherwise unhelpful, offensive, incorrect, or harmful to Client in any way. Any issue Client may have with an expert’s training, including but not limited to alleged infringement, Client agrees to resolve the matter with the expert him/herself, and will not involve Company in any such matter.
- Licensee Rights: Company’s Limited License to Client: Client understands that in purchasing the access to be a resource in the Platform, she/he is gaining access to view all content and information available as part of the Platform. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to use the information provided as instructed or allowed by Company. As a “Licensee,” Client understands and agrees that Client will not:
- Copy, edit, distribute, duplicate or steal any information or any Content obtained through Platform without written permission by Company;
- Post, distribute, copy, steal or otherwise use any portion of the Platform or its content, or information obtained via other members in the group Platform without written permission by Company, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
- Claim any content created by Company as part of the Platform or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Company was Client’s work, and use in his/her business as his/her own.
- Share purchased materials, information, content with others who have not purchased them.
- Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
- Client agrees at all times to defend, fully indemnify and hold Company and any affiliates, agents, team members or other party associated with Company harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Platform, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Platform. Should Company be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Company’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Company, free of charge.
- Dispute Resolution
- Should a dispute arise between Company and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Company responsible for any specific results, or those results which have been achieved by other clients of Company.)
- If unable to reach a resolution informally, Client and Company agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in California within a reasonable amount of time. Client and Company agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
- Applicable Law
- This Agreement shall be governed by and under control of the laws of California regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of California are to be applicable here.
- This agreement may be altered, amended, changed, extended, or updated depending on current laws, structure of Platform, or Company’s business. Client’s continued use of the Platform constitutes an agreement to the most updated version of this Agreement.
PLATFORM OUTLINE ADDENDUM
Client understands, acknowledges, and agrees he/she is purchasing a yearly subscription to the basic resource partner level to the Platform. While the below is subject to change, at the time of purchase, this includes access to the following:
- Personalized featured resource filing cabinet page
- Instagram Story feature
- Newsletter feature
- Ability to add events to event calendar for $25/event (free for pro!)
- Access to engage and promote with value in the Momma Has Goals focus groups
- Full Platform Access as a general user
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