TERMS OF PURCHASE
BY PURCHASING THIS MEMBERSHIP YOU (HEREIN REFERRED TO AS “CUSTOMER”) AGREE TO THE FOLLOWING TERMS STATED HEREIN.
Arielle Loren Agency LLC (herein referred to as “Company”) agrees to provide services of 100K Incubator (herein referred to as “Membership”). Customer agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Membership.
The Membership/services are offered on an “as is,” “where is,” and “where available” basis, with no warranty of any kind — whether express, implied, or statutory — including, but not limited to, warranties of title or the implied warranties of merchantability or fitness for a particular purpose. This does not affect those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to this agreement.
Customer understands that Company has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Customer; (2) Secure funding for the Customer; (3) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; or (4) Customer understands that a relationship does not exist between the parties after the cancellation of their Membership. If the Parties continue their relationship, a separate agreement will be entered into.
Except as specifically provided in this agreement or where the law requires a different standard, you agree that Company is not responsible for any loss, property damage, or bodily injury, caused by use of the Membership. To the maximum extent permissible under applicable law, Company will not be responsible to Customer or any third party claims through Customer for any direct, indirect, special or consequential, economic or other damages arising in any way out use of the Membership.
- Membership Features
The Membership shall include:
- Video Recordings
- PDF transcripts;
- Audio recordings;
- Affiliate Links;
- One (1) weekly live group coaching calls;
- Private forum on LinkedIn;
- Private member directory
Membership shall be monthly or annually unless Customer cancels their Membership (herein referred to as “Commitment Period”). Customer understands all benefits shall expire when Customer cancels their Membership and will not be carried-over. Furthermore, if Customer cancels their Membership they are not permitted to download any video or audio recordings contained in the Membership as outlined in Section (3).
Customer agrees to pay the total cost of Membership thirty-five Dollars ($35.00 USD) per month or two hundred eighty dollars ($280.00 USD) per year. Customer agrees to pay this amount unless they cancel the Membership.
If Customer misses a payment, Customer’s access to the Membership shall be suspended until payments are up-to-date.
- Method of Payment
Customer shall pay by credit card or PayPal.
- Refund Policy
Customer shall be responsible for full payment of fees for the Membership, regardless of whether Customer uses the Membership. Customer may cancel their membership by submitting a request to email@example.com during business hours, Monday through Friday, 9:00am – 5:00pm EST. If Customer submits cancellation request outside of business hours, they will receive their confirmation once the office is open. If Company charges because Customer submits a request outside of business hours, Company will process a refund once the office reopens. Once Company processes the cancellation Customer’s access to Membership features will be revoked and Company will disable Customer’s login immediately.
- Communication with Company
For questions regarding the Membership, Customer can email: firstname.lastname@example.org Company will answer Customer’s questions regularly during non-holiday and vacation weeks. Customer understands that email sent on a weekend or holiday may receive a response on the following business day.
The Company respects Customer’s privacy and insists that Customer respects the Company’s privacy and that of the other Member customers (“Members”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by any representative of the Company or any Member is confidential, proprietary, and belongs solely and exclusively to the Party who discloses it. Both Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, calls or otherwise.
Customer agrees not to use such confidential information in any manner other than in discussion with the Company or Members during the Membership. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, on group coaching calls, in the Private forum and message boards and shall not include information rightfully obtained from a third party.
Customer understands their name and other identifying information may be displayed amongst Members and that system errors may occur.
Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
Further, Customer agrees that if they violate or display any likelihood of violating this section the Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
- Non-Disclosure of Materials
Material given to Customer in the course of Customer’s work with the Company is proprietary, copyrighted and developed specifically for Company. Customer agrees that such proprietary material is solely for Customer’s own non-commercial use. Customer agrees to use the materials provided strictly for their own educational enrichment. Any disclosure or distribution to a third party or is strictly prohibited.
- No Transfer of Intellectual Property
Company’s Membership is copyrighted and the original materials that have been provided to Customer are for Customer’s individual use only and a single-user license. Customer is not authorized to use any of Company’s intellectual property for Customer’s business purposes. All intellectual property, including Company’s copyrighted Membership 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.
Customer agrees that if Customer violates, or displays any likelihood of violating, any of Customer’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.
- Customer Responsibility
Customer accepts and agrees that Customer is fully responsible for their progress and results from the Membership. Company makes no representations, warranties or guarantees verbally or in writing regarding Customer’s performance or results. Customer understands that because of the nature of the Membership and extent, the results experienced by each customer may significantly vary. Customer acknowledges there is no guarantee that Customer will reach their goals as a result of participation in the Membership or receive funding for their business.
- Force Majeure
In the event that any cause beyond the reasonable control of the Company, 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 Company 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.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
A) Limitation of Liability. Customer agrees they used Company’s services at their own risk and that Membership is only an educational service being provided. Customer releases Company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. Customer accepts any and all risks, foreseeable or unforeseeable.Customer 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 Membership. Customer knowingly, voluntarily, and expressly, waives any claim for damages including but not limited to; injury or death Customer may sustain as a result of participating in this Membership.
Customer further declares and represents that no promise, inducement or agreement not herein expressed has been made to Customer to enter into this release. The release made pursuant to this paragraph shall bind Customer’s heirs, executors, personal representatives, successors, assigns, and agents.
B) Non-Disparagement. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, each other or any of its Memberships, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
C) Assignment. The Customer may not assign this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
D) Termination. Company is committed to providing all customers in the Membership with a positive Membership experience. Customer agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Customer’s access to Membership without refund if Customer become disruptive to Company, difficult to work with or upon violation of the terms as determined by Company. Customer will still be liable to pay the total contract amount.
E) Indemnification. Customer shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Membership, excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Customer shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Customer recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
F) Resolution of Disputes. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the court of proper jurisdiction. In disputes involving unpaid balances on behalf of Customer, Customer is responsible for any and all court costs and attorney’s fees.
G) Equitable Relief. In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
H) Notices. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: support@100Kincubator.com.
I) Entire Agreement. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
J) Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States of America.
BY PURCHASING THIS MEMBERSHIP, I HAVE READ AND AGREE TO THE WORKING AGREEMENTS ABOVE.