Purchase Terms

If you wouldn't use my personal toothbrush, then you don't want to copy-n-paste my purchase terms. 

 

If you're new to my world - I am all about the visual, easy-to-remember metaphors and swapping toothbrushes is my legendary one when it comes to copy-n-pasting others' legal documents ... 

The reason is you have no idea what has been included, what's been left out, why what was included or discarded was done ... there's nothing inherently magical about legal terms but you don't want to accidentally take on more liability than you need or not have the protection you need. 

If you need purchase terms of your own, then take a look at BIZLEBOX™ and I'll help you find what you need - we'll get you your own NEW toothbrush!

BIZLEBOX™ OPTIONS

 INDIVIDUAL AND GROUP APPOINTMENTS AGREEMENT
 

PARTIES

This writing (the “AGREEMENT”) outlines the intended legal relationship between Vacationing Life, LLC  (the “COMPANY”, “COMPANY’S”) and you (the “BUYER”, “you”, “your”, “his”, “her”, “their”) and is intended to govern and control your purchase of 

  • individual or group, 
  • synchronous or asynchronous
  • coaching or consulting

appointments (the “SERVICE” , “SERVICES”) from the COMPANY.  

The COMPANY and the BUYER are the intended parties (the “PARTIES”) to this AGREEMENT. 

ACCEPTING THESE TERMS 

As the BUYER, you are entering into a legally binding agreement with the COMPANY, a Michigan Limited Liability Company  according to the following terms and conditions, when you do any of the following: 

  • completed purchase of any SERVICE

With this acceptance, the PARTIES agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT. 

COMPANY’S SERVICES

This AGREEMENT is executed and effective, when BUYER  accepts the terms of this AGREEMENT. The COMPANY agrees to provide the work related to the SERVICE.

  • Details are decided and determined by the PARTIES and listed in either or both the COMPANY'S sales page and or the SCHEDULE A to this AGREEMENT (sent separately by the COMPANY, if necessitated).

The terms of this AGREEMENT are binding on any additional goods and or services supplied by COMPANY to BUYER. 

The scope of work provided by COMPANY according to this AGREEMENT is limited to those listed on the COMPANY'S sales page for the purchased SERVICE and or the SCHEDULE A (provided separately when necessitated). COMPANY reserves the right to substitute work equal to or comparable to the SERVICE for the BUYER if the need arises, without prior notice.

If COMPANY needs to outsource work related to the SERVICE, and or provide substitute individuals for work related to the SERVICE, the COMPANY will notify the BUYER about the change or modification. 

NATURE OF RELATIONSHIP

Acceptance of AGREEMENT does not establish an attorney-client relationship, and there is no guarantee of exclusivity or specific earnings or results. The COMPANY is offering guidance and advice based on their expertise, but BUYER is responsible for implementing strategies and making decisions regarding its own business and technology needs.

CANCELLATIONS

BUYER agrees to COMPANY’S cancellation policy as follows: 

  • BUYER may cancel scheduled SERVICE appointments at any time, 
  • BUYER must reschedule all cancellations within eight (8) weeks from date of original purchase, 
  • All cancellations are handled through the scheduling provider provided by the COMPANY to the BUYER, 
  • the COMPANY does not cancel and or reschedule for the BUYER, 
  • the COMPANY may also cancel at any time any scheduled SERVICE appointments, 
  • the COMPANY notifies BUYER of any cancellations via the scheduling provider provided by the COMPANY, 
  • any cancellations initiated by the COMPANY may be rescheduled within eight (8) weeks from the date of cancellation. 

CONFIDENTIALITY

All content discussed during the SERVICE will remain confidential between the parties. Both the COMPANY and the BUYER agree not to disclose any information shared during the appointment to any third parties, except as required by law or as authorized in writing by both parties.

In the case of a group SERVICE that BUYER has voluntarily selected to be a part of by purchasing and accepting this AGREEMENT, there is no expectation of privacy due to the nature of a group, but each participant is bound by the terms of this AGREEMENT with regards to confidentiality. 

WORK-FOR-HIRE

In the event that the SERVICE includes any work-for-hire work product, the PARTIES agree that the SERVICE provided is a work-for-hire arrangement. 

As such, the BUYER owns any and all intellectual property resulting from the SERVICE provided by COMPANY to BUYER. Under no circumstances will the COMPANY attempt to legally register any intellectual property developed and or created as a result of this AGREEMENT.  

NO TRANSFER OF INTELLECTUAL PROPERTY

COMPANY’S copyrighted and original materials are provided to the BUYER for INDIVIDUAL USE ONLY and under a limited single-user license. 

BUYER is not authorized to use any of COMPANY’S intellectual property, trademarks and or copyrights, for any purpose. BUYER is not authorized to share, copy, distribute, or otherwise disseminate any materials received from COMPANY electronically, or otherwise without the prior written consent of the COMPANY. 

PROFESSIONAL EXPECTATIONS

To the extent that BUYER interacts with COMPANY staff and or other COMPANY clients, BUYER agrees to behave professionally, courteously, and respectfully with staff and clients at all times. 

BUYER agrees that failing to follow the terms of this AGREEMENT, and or any additional instructions provided by COMPANY in relation to the SERVICE, is cause for termination of this AGREEMENT. 

In the event of such a termination, BUYER is not entitled to recoup any amounts paid and remains responsible for all outstanding amounts of the FEE

TERMINATION

If BUYER is (1) behind in payment, or (2) otherwise in default of this AGREEMENT, then full payment is immediately due and BUYER is barred from using any of COMPANY’S services. 

COMPANY is allowed to immediately collect the full FEE from BUYER and stop providing further services to BUYER. 

PAYMENT

Full payment must be made before the appointment. Pricing and duration of appointments may vary and is chosen by BUYER at the time of purchase. BUYER is responsible for ensuring payment is made using the accepted payment methods. Failure to provide payment may result in the appointment being canceled or rescheduled.

BUYER agrees to pay COMPANY for the SERVICE according to the option chosen at time of purchase (the “FEE”). 

REFUNDS

All payments are non-refundable. Once payment is made, BUYER waives the right to request a refund. In the case of cancellations and or reschedules, BUYER may reschedule without any penalty payment. Refunds will not be provided for any reason, including dissatisfaction with the consultation or any results obtained from the consultation.

CHARGEBACKS & PAYMENT SECURITY

To the extent that BUYER provides COMPANY with payment card(s) information for payment of FEE on BUYER’S account, COMPANY is authorized to charge BUYER’S payment card(s)for any unpaid charges on the dates agreed to in the PAYMENT section. 

BUYER shall not make any chargebacks to COMPANY’S account or cancel the payment card that is provided as security without COMPANY’S prior written consent. BUYER is responsible for any fees associated with recouping payment and collection fees associated with the chargeback. BUYER may change any of the payment card information provided to the COMPANY using provided mechanisms by the COMPANY. 

CONTROLLING AGREEMENT

In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by COMPANY, COMPANY’s representatives, or employees, the provisions in this AGREEMENT control.

ENTIRE AGREEMENT

This AGREEMENT is the entire AGREEMENT between the parties relating to the subject matter and supersedes all prior and contemporaneous AGREEMENTs, negotiations and understandings, oral or written. Modification to this AGREEMENT is by a written instrument executed by both Parties. 

LIMITATION OF LIABILITY

By purchasing the SERVICE, BUYER releases COMPANY, its officers, employees, directors, and related entities from any and all damages that may result from BUYER’S participation in the SERVICE. 

BUYER accepts any and all risks, foreseeable or unforeseeable arising from this line of work.

Regardless of the previous paragraph, if COMPANY is found to be liable, COMPANY’s liability to BUYER or to any third party is limited to the lessor of: 

(a) The total FEE BUYER paid to COMPANY in the one month prior to the action giving rise to the liability, or 

(b) Specific monetary amount, or the specific formula that will be used to calculate the amount as follows: thirty (30) percent of FEE from the purchase that claim is a direct result from.  

All claims against the COMPANY must be filed with the entity having jurisdiction within 90 days of the date of the first claim or otherwise be forfeited forever. 

BUYER 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 or enrollment in the SERVICE. 

BUYER agrees that use of the SERVICE is at BUYER’s own risk.

FORCE MAJEURE

In the event, either party is unable to perform its obligations under the terms of this Agreement because of acts of God, epidemics, pandemics, shutdowns (local, state, or federal), strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

DISCLAIMER OF GUARANTEE

BUYER ACCEPTS AND AGREES THAT HE OR SHE IS FULLY RESPONSIBLE FOR PROGRESS AND RESULTS FROM THE SERVICE. 

BUYER ACCEPTS AND AGREES THAT HE OR SHE IS A VITAL ELEMENT TO THE SUCCESS ACHIEVED FROM THE SERVICE AND THAT COMPANY CANNOT CONTROL THE OUTCOME OR RESULTS ACHIEVED. 

COMPANY makes no representations or guarantees verbally or in writing regarding performance of this AGREEMENT other than those specifically stated. COMPANY and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. COMPANY makes no guarantee or warranty that the SERVICE will meet BUYER’s requirements or that all BUYERs will achieve the same results.

CHOICE OF LAW

This AGREEMENT is governed and interpreted in accordance with the laws of Michigan without giving effect to any principles of conflicts of law. 

The PARTIES agree to submit any dispute or controversy arising out of, or relating to this AGREEMENT to arbitration in the State of Michigan  according to the rules of the American Arbitration Association. The arbitration is binding upon the Parties and their successors in interest. The prevailing party may collect all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this AGREEMENT.

SURVIVABILITY

The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of FEE owed set forth in this AGREEMENT, and any other provisions that by their sense and context the PARTIES intend to have survive, shall survive the termination of this AGREEMENT for any reason.

SEVERABILITY

If any of the parts or provisions contained in this AGREEMENT are interpreted as invalid or unenforceable only that part or provision is affected. The invalidity or unenforceability does not affect the other parts or provisions of the AGREEMENT.