TERMS OF PURCHASE
Cara Alwill, The Champagne Diet
By clicking “Buy Now,” “Purchase,” “Enroll,” “Complete,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (now known as “User” or “Client”) agree to be provided with products by Cara Alwill, The Champagne Diet (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms of purchase:
1. TERMS.
Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to provide services in general accordance with the product, program, class, digital download, ebook, workbook and/or course (collectively known as the “Product”) as outlined on Company’s Website, Sales Page, or other points of purchase. Additional services are not required to be provided.
2. PAYMENT AND REFUND POLICY.
User agrees to pay the Company the purchase amount as stated on the website at the time of purchase/enrollment. All purchases are final and the Company does not offer refunds due to the nature of digital goods.
Client shall choose to purchase from payment options listed on checkout at the time of purchase.
If Client chooses a payment plan and payments are not made within 7 days of the payment due date the User may be removed from all materials and services until the payments are made current. It shall be noted that this is a live program and any live calls that may happen during the removal of services will not be allowed to be made up; however, the user may access any call replays once payments are made current.
3. DEFINITION OF COACHING:
“Professional Coaching is an ongoing professional relationship that helps people produce extraordinary results in their lives, careers, businesses or organizations. Through the process of coaching, clients deepen their learning, improve their performance, and enhance their quality of life. In each meeting, the client chooses the focus of conversation, while the coach listens and contributes observations and questions. This interaction creates clarity and moves the client into action. Coaching accelerates the client's progress by providing greater focus and awareness of choice. Coaching concentrates on where clients are now and what they are willing to do to get where they want to be in the future. ICF member coaches recognize that results are a matter of the client's intentions, choices and actions, supported by the coach's efforts and application of the coaching process.”
- Source: International Coach Federation (www.coachfederation.org)
4. THE CLIENT UNDERSTANDS AND AGREES TO EACH OF THE FOLLOWING PROVISIONS:
A) I hereby employ Cara Alwill as my "Coach/Consultant" for the purpose of advising and counseling me with respect to the proper format for Personal or Professional Development. She may also assist me in structuring, identifying and achieving goals as she has experience in such matters and agrees to render such services.
B) I understand and agree that the Coach is not an "employment agent," "business manager," "financial analyst" or "psychotherapist" and that he has not promised, shall not be obligated to, and will not: (1) procure or attempt to procure any employment, business or sales for me, (2) perform any business management functions such as accounting services, advice on tax matters or the investment of funds, and (3) will not act as a therapist, counseling me or providing psychoanalysis, group therapy or behavioral therapy.
C) I further understand and agree that as a specialized form of consulting, Coaching is not the same as professional or licensed therapy; and that I am always free to reject any advice, suggestions or requests made by the coach at any time. My coach is authorized and encouraged to be direct and unconditionally supportive with me.
D) I further understand and agree that I am to inform my Coach whenever I am under the care of any healer or licensed physician, therapist or psychiatrist; and/or any time I am taking any prescriptions or drugs.
5. DISCLAIMERS.
User acknowledges that Company does not warrant the accuracy of any information provided and is not liable for any losses whatsoever that User may suffer by relying on Company’s advice or information. Company makes no representation or warranty that the information provided within the Product, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.
User acknowledges that the Company has not and does not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of using, or relining on, the Product. User acknowledges Company makes and has made no guarantees or promises whatsoever related to User’s results or outcomes based on User’s use of the Product. Testimonials, earnings, or examples provided as part of the Product or 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 outcome as a result of using the Product.
Through use of the Product, Company may provide User with information relating to services and/or other products that Company believes might benefit User, but such information is not an endorsement or recommendation. Company is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information provided.
6. INTELLECTUAL PROPERTY RIGHTS.
Company owns and will continue to own all of the trademark, copyright, and other intellectual property rights related to the Product. Nothing in this Agreement shall transfer ownership of intellectual property rights to the User.
Users may use the intellectual property related to the Product to participate in the Product and for no other purpose. User may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Product or related intellectual property, in whole or in part, without the prior written consent of Company.
7. GOOD FAITH.
User and Company represent and warrant to the other that they have acted in good faith, and agree to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
8. DISCLAIMER OF WARRANTIES.
The Product is provided to the User on an “as-is” basis, without any warranties or representations whatsoever, whether express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. There are not, and will not be any warranties created by a course of dealing, course of performance or trade usage.
9. LIMITATION OF LIABILITY.
USER AGREES THAT UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF USERS USE OF, PARTICIPATION IN OR RELIANCE ON THE PRODUCT. ADDITIONALLY, COMPANY IS NOT LIABLE FOR ANY DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED BUT UNREALIZED PROFITS, ANY OTHER BUSINESS RISK, DATA BREACH, MISUSE OF DATA OR PERSONAL INFORMATION; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY OR ALL OF THE DAMAGES ABOVE, COMPANY’S LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
10. DISPUTE RESOLUTION.
If a dispute under these Terms of Purchase is not resolved first by good-faith negotiation between the parties, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association (AAA). The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place at an AAA office nearest to New Your, NY 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.
11. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, regardless of the conflict of laws principles thereof.
12. ENTIRE AGREEMENT.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
Client agrees that there are no refunds once checkout is completed and a payment has processed. Client also understands and agrees there are no refunds during or after this program is completed. The Client is still responsible for completing all payments regardless of how much material they have completed.
Client understands that when they complete the purchase at checkout and a payment has been processed that they are acknowledging that they agree to the terms as stated above.