TERMS OF PURCHASE
MISFITS BUSINESS ACADEMY
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services as part of the MISFITS BUSINESS ACADEMY (“Membership”) operated by Lindsay Padilla (“Owner”), acting on behalf of Padilla Consulting (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
1. TERMS OF MEMBERSHIP.
(a) Upon purchase and execution of this Agreement, Client will be provided with the following services each month as detailed on www.misfitsbusinessacademy.com (“the Website”) and selected prior to purchase. These services include but are not limited to:
a. Technology Library
b. Site Guides
c. Monthly Training Calls and Videos
d. Learning Community Calls
(b) The scope of services rendered by the Company pursuant to this Agreement shall be limited to those contained herein and/or provided for on Company’s Website as part of the Membership.
(c) The Company reserves the right to substitute services equal to or comparable to the Membership for Client if reasonably required by the prevailing circumstances.
(d) With initial payment, Client commits to receive a four (4) month term to the Membership. At the end of the four (4) month term or at anytime thereafter, Client will be billed on a quarterly basis.
(e) Client has the option to cancel membership at anytime in writing to Company and cancellation will take effect the following billing cycle.
(f) At any point should Company be terminating Membership Site, Client will be given at least sixty (60) days notice.
2. PAYMENT AND REFUND POLICY.
(a) Upon execution of this Agreement, Client agrees to pay to the Company the purchase amount as stated on the Website.
(b) No refunds will be provided.
(c) Credit Card Authorization. Each party hereto acknowledges that Company will charge the credit card chosen by the Client on the dates and for the amounts specified upon purchase and as included in this Agreement.
(d) In the event Client fails to make any of the payments outlined above, Company has the right to immediately disallow services and benefits until payment is paid in full.
3. METHODOLOGY. Client agrees to be open minded to Owner’s methods and partake in Membership as proposed. Client understands that the Company has made no guarantees as to the outcome of the Membership. The Owner may revise methods or parts of the Membership based on the needs of the Client and/or other participants.
4. DISCLAIMER. By participating in the Membership, Client acknowledges that the Company makes no guarantees as to the outcome of any sessions, teachings, modules, or any resulting course that may be created by Client based on information obtained through this Membership. By participating in this Membership, the Client acknowledges that the Company does not warrant the accuracy of any information provided, is not liable for any losses the Client may suffer by relying on Owner’s advice or products.
Any testimonials or examples shown through the Company’s website, programs, and/or services are only examples of what may be possible. There can be no assurance as to any particular financial or other outcome based on the use of the Membership and/or services. You acknowledge that the Company has not and does not make any representations as to success of any kind that may be derived as a result of use of its programs, products or services.
The Company may provide the Client with information relating to products that the Owner believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided. The Company may provide Client with third-party recommendations for such services as marketing, technology, business, or other related services. Client agrees that these are only recommendations and the Company will not be held liable for the services provided by any third-party to the Client.
5. RECORDING AND REDISTRIBUTION OF CALLS. Client acknowledges that group sessions and/or group calls may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the Company.
6. INTELLECTUAL PROPERTY RIGHTS. In respect of the Material specifically created for the Client as part of this Membership, including themes, documents, modules, videos, or other content, the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Client, nor grant any right or license other than those stated in this Agreement.
7. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
8. DISCLAIMER OF WARRANTIES. The information, education, and design provided to the Client by the Consultant under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
9. LIMITATION OF LIABILITY. By using the Company’s services and purchasing this Membership, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that the 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 the Membership. Client agrees that use of this Membership is at user’s own risk.
10. NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein. 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. Neither Client nor any of Client’s associates, employees or affiliates 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, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
11. 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 San Francisco, California or via telephone. 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.
12. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California, regardless of the conflict of laws principles thereof.
13. NOTICES. All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to lindsay(at)lindsaympadilla(dot)com.
14. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.