Purchase Terms
BIZLEBOX™ & PBK Pick-a-Box

 

---

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 BIZLEBOX™ and or PBK pick-a-box (the “BOX”) 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: 

• purchase the BIZLEBOX™ BOX, or
  
• purchase the PBK BOX

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

 

---

BOX CONTENT

This AGREEMENT is executed and valid, when BUYER accepts these terms. 

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

PARTIES agree that the BOX is in the nature of educational and informational business and legal resources. 

The scope of BOX content provided by COMPANY according to this AGREEMENT are limited to those listed as part of the BOX content. COMPANY reserves the right to substitute services equal to or comparable to the BOX for the BUYER if the need arises, without prior notice.

 

---

CONFIDENTIALITY

The term “CONFIDENTIAL INFORMATION” means INFORMATION WHICH IS NOT GENERALLY KNOWN TO THE PUBLIC. 

COMPANY agrees not to disclose, reveal, or make use of any CONFIDENTIAL INFORMATION learned of through its transactions with BUYER during discussions and interactions with BUYER , or otherwise, without the written consent of BUYER. 

COMPANY shall keep the CONFIDENTIAL INFORMATION of the BUYER in strictest confidence and shall use its best efforts to safeguard the BUYER’S CONFIDENTIAL INFORMATION and to protect it against disclosure, misuse, espionage, loss, and theft.

The COMPANY’S privacy policy, terms of use, disclaimers, and disclosures also apply to how COMPANY collects, uses, stores, and who has access to any personally identifiable information supplied by the BUYER due to its enrollment in the BOX.

 

---

INTELLECTUAL PROPERTY

COMPANY’S copyrighted and original materials are provided to the BUYER for your 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 buyers, BUYER agrees to behave professionally, courteously, and respectfully with staff and others at all times. BUYER agrees that failing to follow this professional expectation 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.

 

---

USE OF BOX MATERIALS

• By accepting this AGREEMENT, BUYER consents to recordings being made of the BOX. 
  
• COMPANY reserves the right to use, at its sole discretion, the following: BOX materials, videos, audio recordings, and materials submitted by BUYER (in the context of the BOX); for future lecture, teaching, and marketing materials, and further other goods/services provided by COMPANY, without compensation to the BUYER. 
  
• BUYER consents to its name, voice, and likeness being used by COMPANY for future lecture, teaching, and marketing materials, and further other goods/services provided by COMPANY, without compensation to the BUYER.
  

 

---

NO RESALE OF BOX MATERIALS 

BUYER agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any free or paid commercial purpose, any portion of the BOX materials, use of the BOX, or access to the BOX. This AGREEMENT is not transferable or assignable without the COMPANY’S prior written consent.

 

---

TERMINATION

If BUYER is  

(1) behind in payment, or 

(2) otherwise in default of this AGREEMENT,  

then COMPANY is allowed to immediately collect all FEES from BUYER and stop providing further access to the BOX until BUYER’S account is returned to good standing. 

 

---

PAYMENT

BUYER agrees to pay COMPANY the stated fee (the “FEE”, “FEES”) according to the payment terms: 

• ORIGINAL PURCHASE: listed on the digital checkout page at the time of purchase
  
• RENEWAL PURCHASE: listed on the digital checkout page at the time of renewal purchase. 
  

Installment or payment plans: when BUYER agrees to the purchase of COMPANY’S BOX as part of an installment or payment plan and a payment is not received by the COMPANY.  The BUYER will lose all access to the BOX under the Termination paragraph. COMPANY will make reasonable attempts to notify the BUYER that the payment has failed and how to rectify access to the BOX.

 

---

ACCESS

The BUYER has access to the BOX for one year (365 calendar days) from the date of successful purchase. COMPANY is not responsible for interruptions in service that the BUYER may experience due to technology issues beyond COMPANY’S control. The COMPANY does not prorate or extend the access time.

---

REFUNDS

Upon execution of this AGREEMENT, BUYER is responsible for the entire FEE. If BUYER decides to cancel, not participate, or changes his, her, or their mind, the COMPANY DOES NOT PROVIDE ANY REFUND FOR ANY REASON TO THE BUYER. 

 

---

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 writing signed by both PARTIES. 

 

---

LIMITATION OF LIABILITY

By using COMPANY’S BOX materials and enrolling in the BOX, BUYER releases the COMPANY, its officers, employees, directors, and related entities from any and all damages that may result from his or participation in the BOX. BUYER accepts any and all risks, foreseeable or unforeseeable arising from the BOX. 

All BOX materials are provided for educational and informational purposes. 

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 amount of money BUYER paid to COMPANY in the one month prior to the action giving rise to the liability,

or 

(b) One-half of the original price (if BUYER is within the original price calendar dates); 

or 

(c)  One-half of the renewal price (if BUYER is within the renewal price calendar dates)

All claims against the COMPANY must be filed with the entity having jurisdiction within ninety (90) calendar 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 of COMPANY’S services or enrollment in the BOX. 

BUYER agrees that use of COMPANY’S BOX is at his, her, or their own risk.

 

---

INDEMNIFICATION

COMPANY recognizes and agrees 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.

BUYER shall defend, indemnify (insure and protect), and hold harmless the COMPANY, COMPANY’S shareholders, trustees, affiliates, and successors from and against all liabilities and expenses that they may incur or be obligated to pay because of their relationship with the BOX. 

These include (without limitation): claims, damages, judgments, awards, settlements, investigations, legal actions, regulatory actions, costs, attorneys fees, disbursements, or the like that occur from or are related to this AGREEMENT. 

Any expenses or liabilities that result from a breach of this AGREEMENT, sole negligence, or willful misconduct by the COMPANY, COMPANY’S shareholders, Trustees, Affiliates, or Successors are excluded from indemnification.

 

---

DISCLAIMER OF GUARANTEE

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 BOX will meet BUYER’S requirements or that all BUYER’S will achieve the same and or similar results.

 

---

CHOICE OF LAW/VENUE

This AGREEMENT is governed and interpreted in accordance with the laws of the State 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, Kent County, Grand Rapids 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 FEES 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.