PADILLA CONSULTING, LLC
Digital Product or Service
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 operated by Lindsay Padilla (“Owner”), acting on behalf of Padilla Consulting, LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
TERMS OF PURCHASE
(a) Upon purchase and execution of this Agreement, Client will be provided with the services as detailed on the website and selected prior to purchase.
(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 Digital Product or Service.
(c) The Company reserves the right to substitute services equal to or comparable to the Digital Product or Service for Client if reasonably required by the prevailing circumstances.
Client is responsible for the completion of all payment plans associated with products they purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.
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) Credit Card Authorization. If Client chooses to pay by monthly installments, he/she authorizes the monthly charge for the product on the Client’s credit card or debit card for a total of six payments: one at the time of purchase, followed by five monthly thereafter.
(c) 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.
(d) Refunds may be provided within the 60-day money back guarantee time frame. To request consideration for the refund, Clients are required to attempt to launch their course, complete worksheets of Modules 0 through 3, and engage in the multiple opportunities available to seek feedback (Q&A calls, hot seats, workshops, Facebook community, and any other access provided). All refunds are discretionary as determined by Padilla Consulting, LLC.
Client agrees to be open minded to Owner’s methods and partake in Digital Product or Service as proposed. Client understands that the Company has made no guarantees as to the outcome of the Digital Product or Service. The Owner may revise methods or parts of the Digital Product or Service based on the needs of the Client and/or other participants.
By participating in the Digital Product or Service, 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 Digital Product or Service. By participating in this Digital Product or Service, 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.
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.
INTELLECTUAL PROPERTY RIGHTS
In respect of the Material specifically created for the Client as part of this purchase, 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.
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.
Company is committed to providing all Clients in the Digital Product or Service with a positive experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Digital Product or Service without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Digital Product or Service guidelines, is difficult to work with, impairs the participation of the other Participants in the Digital Product or Service or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
DISCLAIMER OF WARRANTIES
The information, education, and design provided to the Client by the Company 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.
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.
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.
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.
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.
All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to hello(at)lindsaympadilla(dot)com.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.