Terms And Conditions
DATED| January 1st, 2021
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TERMS AND CONDITIONS
Please read carefully. By purchasing this Program and using this website you agree to these terms and conditions (“Terms”):
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PROGRAM/SERVICE
Designing Intuition (herein referred to as “Company,” “we,” or “us”) agrees to provide you access to the materials that you have selected to purchase on this website, or to VIP days and design hours (herein referred to as “Program”). You agree to abide by all policies and procedures as outlined in this agreement as a condition of your participation in the Program.
In addition to the materials described on this website, participation in this Program will allow you access to Program materials, (if applicable) which may change from time to time at the discretion of Company.
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DISCLAIMER
None of the Company’s coaches or experts are employees, lawyers, agents, doctors, managers, therapists, public relations professionals, business managers, registered dietitians, financial analysts, psychotherapist, or accountants for your use. You understand that we have not promised to, shall not be obligated to, and will not: (1) procure or attempt to procure employment, business, sales, speaking engagements, or leads for you; (2) perform any business management functions including but not limited to legal, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for you; or (6) introduce you to their full network of contacts, media partners or business partners. You understand that a relationship does not exist between the Parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
All of our Programs, materials, communities, and other services are intended solely for users who are at least 18 years of age. All registration by, use of, or access to any Programs, materials, communities by anyone under the age of 18 is unauthorized, unlicensed, and a violation of these Terms. By accessing or using any Programs, materials, communities, and other services provided by us, you represent and warrant that you are at least 18 years old.
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FEES
Please note that the Program is not a subscription service; Program Fees are fully due and payable on the day you enroll in the program or purchase design work/VIP hours. Failure to make regular payments can result not only in termination of access to the Program, termination of access to Facebook groups and other communities associated with us, and revocation of rights to any materials provided to you, but also acceleration of any remaining monthly payments and collection efforts thereupon, including referral to collection agencies or legal action.
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REFUNDS
Company typically does not offer refunds, and in the case that the Participants ask for a refund, Company will resolve any issues with extra design hours or services. Company does have a 30 day refund policy (30 days from date of initial purchase).
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CONFIDENTIALITY
We respect your privacy and insist that you respect our privacy and the privacy of other Program Participants (herein referred to as “Participants”). You agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other Participants during Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party other than other Participants. You 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. You agree not to violate the Company’s publicity or privacy rights. Furthermore you will NOT reveal any information to a third party obtained in connection with the Program, this Agreement, or Company’s direct or indirect dealings with you including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses of the Parties or Participants. Further, by purchasing this Program you agree that if you violate or display any likelihood of violating this section the Company and/or the other Program Participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations, and/or any other forms of relief at law or equity as may be available as well as terminating your rights to continue to participate in the Program.
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LICENSE TO USE LIKENESS, IMAGE, AND RECORDINGS
Notwithstanding the foregoing, you agree that as a condition of your participation the Company may and will record your participation in group or individual coaching sessions and that the Company may use your image, likeness, and video and audio recordings of you for any purpose without compensation or prior permission therefor.
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NO TRANSFER OF INTELLECTUAL PROPERTY
This Program is copyrighted and our materials are provided to you for your individual use only under a single-user license. You are not authorized to use any of Company’s intellectual property for your 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, you agree (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) not to disclose such Confidential Information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this Program, you agree that if you violate, or display any likelihood of violating, any of your 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, and/or any other forms of relief at law or equity as may be available as well as terminating your rights to continue to participate in the Program.
Notwithstanding the foregoing, we may provide to you free and downloadable resources from our website, on our Facebook page, or via electronic correspondence for your personal and business use. These will be marked as such and you may distribute them only if you provide us credit as the source of these materials, keep intact all copyright and other proprietary notices and link back to the website from which the material was originally obtained.
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CLIENT RESPONSIBILITY
The Program is developed for strictly educational purposes ONLY. You accept and agree that you are 100% responsible for your progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. You understand that because of the nature of the Program, the results you and other Participants experience may significantly vary. You acknowledge that there is no guarantee that you will reach your personal, financial, spiritual, or mental goals as a result of participation in the Program. The Program is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to you. The Company assumes no responsibility for errors or omissions that may appear in any program materials.
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SEVERABILITY/WAIVER
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 any Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
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LIMITATION OF LIABILITY
You agree that you will use Company’s services at your own risk and that the Program is only an educational service being provided. You release Company and Consultant, their officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from your participation in the Program. You accept any and all risks, foreseeable or unforeseeable. You agree that Company and the Consultant 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 enrolment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the Program materials.
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ASSIGNMENT
You may not assign this Agreement without express written consent of Company.
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MODIFICATION
Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website.
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TERMINATION
Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, You agree that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate your participation in the Program without refund or forgiveness of monthly payments if You become disruptive to Company or Participants, you fail to follow the Program guidelines including required participation and engagement with the Program, you are difficult to work with, you appear likely to impair the participation of or violate the confidentiality of the other participants in the Program, or if you otherwise violate the terms as determined by Company. You will still be liable to pay the total contract amount.
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INDEMNIFICATION
You will defend, indemnify, and hold harmless Company, the Consultant, the 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 product(s), 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. You will defend Company and the Consultant in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree 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 or the Consultant. In consideration of and as part of your payment for the right to participate in Company’s Programs, you, your heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Company, the Consultant, and their subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.
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EARNING DISCLAIMER
Every effort has been made to accurately represent this Program and its potential. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using the Program.
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DUTY TO READ
You accept that under this agreement, you have a duty to read these terms of participation, and have done so. Furthermore, you understand and accept that you are precluded from using lack of reading as a defense against all remedies contained herein.
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NON-DISPARAGEMENT
The Parties agree that they shall not make any disparaging statements regarding each other, other Participants, or any related entities, agents, management, employees or principals of any party and shall not take any other action which is designed to, intended to, or might have a detrimental effect on the business or operation of each other, their public image or reputation or relations with customers, employees, vendors, investors, business associates, parent or the public.
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FORCE MAJEURE
If the performance of any part of this Agreement by Company is prevented, hindered, delayed or otherwise made impracticable because of an Act of God, pandemic-related challenges, a riot or civil commotion, act of public enemy, terrorism, order or act of any government or governmental instrumentality (whether federal, state, local or foreign), interruption in the provision of electricity, water, or other utilities or infrastructure necessary or reasonably expected for the provision of services, or similar cause beyond the control of Company, Company shall be excused from such performance to the extent that performance is prevented, hindered or delayed by such causes.
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CHOICE OF LAW AND JURISDICTION
You hereby expressly agree to waive any right to trial before a jury or judge in a court of law and to present such claim only through binding arbitration to occur on Long Island, New York, in accordance with the procedural rules of the American Arbitration Association in force at the time., and in accordance with the substantive rules of the State of New York without reference to the conflicts of laws principles thereof. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating or administrating the arbitration.