PRODUCT PURCHASE AGREEMENT
This Terms of Purchase Agreement (the “Agreement”), is made by and between Nicole Marie Studies, LLC (hereafter known as “Company”), and you (hereafter known as “Purchaser,” or “Registered User,” and collectively, the “Parties”).
By purchasing a Product (as defined below) from Company, Purchaser agrees to the following terms:
Company provides Project Manage like a CEO (herein referred to as the “Product,” or “Program”). Purchaser agrees to abide by all policies and procedures as outlined in this agreement as a condition of their purchase.
Total price of this Program is either:
Self-Study: $997 paid in full or three (3) monthly payments of $347. Company may offer an additional payment plan of eight (8) monthly payments of $197 (limited time only).
Live Path: $1297 paid in full or three (3) monthly payments of $497
Company may also offer Live Path for self-study pricing (limited time only).
Once payment or first monthly payment is received Purchaser will have access to the content in the program.
There are no refunds.
Company sells Product ‘as is’ without warranty or guarantee of any kind, either express or implied, including no warranty as to merchantability or fitness for a particular purpose.
5. COPYRIGHT AND CODE OF CONDUCT.
This agreement is part of the general terms and conditions that the Purchaser accepts when they enroll. Purchaser promises to not copy, resell, publish or otherwise distribute any of the course materials given to them. Purchaser promises to conduct themselves in a professional manner when using the Facebook support group. Download of program material is permitted for self use only.
6. FACEBOOK GROUP GUIDELINES FOR LIVE PATH:
Purchaser will not upload or post any content that: is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information; or infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity.
Any violation of Community Guidelines will result in suspension of the course without refund.
7. LOGIN INFORMATION.
Each Sign-In Name and corresponding Password can be used by only one Registered User. Sharing access credentials with others especially if they are using Purchaser’s credentials to access Company’s proprietary Product is a material breach of this Agreement and result in termination of access to the Product.
The Product may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and Purchaser should direct any concerns regarding such websites to their respective site administrators or webmasters.
9. ASSUMPTION OF RISK.
Purchaser agrees to accept all risk associated with the use of any Product, including but not limited to, ingestion of or application to Purchaser’s person, the use of any Product personally or in business, all taxes and regulations applicable to any Product, all legal compliance issues related to any Product. Purchaser understands that the Company is disclaiming all liability from harm of any kind or nature caused directly or indirect from any Product.
10. NO TRANSFER OF INTELLECTUAL PROPERTY.
Company’s Product is copyrighted and original materials that have been provided to Purchaser are for Purchaser’s individual use only and 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.
By purchasing this Product,Purchaser agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3)Purchaser agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company.
Further, by purchasing this Product, Purchaser agrees that if Purchaser violates, or displays any likelihood of violating, any of Purchaser’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
11. EARNINGS DISCLAIMER.
WHEN ADDRESSING FINANCIAL MATTERS ON OUR WEBSITE, SALES PAGES, VIDEOS, NEWSLETTERS, PROGRAMS OR OTHER MATERIALS, EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND IT’S POTENTIAL. HOWEVER THE COMPANY DOES NOT GUARANTEE THAT PURCHASER WILL EARN ANY MONEY USING THE TECHNIQUES AND STRATEGIES IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A “GET RICH SCHEME.” BY PURCHASING THE PRODUCT PURCHASER ACCEPTS, AGREES AND UNDERSTANDS THAT PURCHASER WILL TAKE FULL RESPONSIBILITY FOR PURCHASER’S PROGRESS AND RESULTS IN BUSINESS. ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. PURCHASER’S LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME PURCHASER DEVOTES TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, COMPANY CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR IS COMPANY RESPONSIBLE FOR ANY OF PURCHASER’S ACTIONS. WE OFFER NO PROFESSIONAL LEGAL, MEDICAL, PSYCHOLOGICAL OR FINANCIAL ADVICE.
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 action(s) under this Agreement or misuse of a Product. 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.
13. LIMITATION OF LIABILITY.
Purchaser agrees that the Company’s liability for any reason shall be no more than the total purchase price of the Product purchased.
14. 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 Rockville, Maryland. 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.
15. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the state of Maryland, regardless of the conflict of laws principles thereof.
16. 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.
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.