TERMS OF SALE

 

This Terms of Sale Agreement is a legally binding contract by and between WHOLEHEARTED WOMANand having a principal place of business at PO BOX 17290 San Jose, CA 95133 and Purchaser of digital products on WHOLEHEARTED WOMAN website (“Purchaser”).

Purchaser understands that they can contact Molly Ho at molly@wholeheartedwoman.org to answer any questions or to explain this Agreement and the Refund Policy.

The period of this Agreement begins on the date of purchase of digital products on WHOLEHEARTED WOMAN website.

 

1.     PAYMENT

I understand that I am responsible for paying WHOLEHEARTED WOMANin full for digital products on WHOLEHEARTED WOMAN™ website. Participant may lose access to the program if payments are missed or full payment is not completed by the due date. 

Purchaser shall: (i) pay WHOLEHEARTED WOMANat the current standard rates, and (ii) pay WHOLEHEARTED WOMAN. All payments pursuant to this Agreement are non-refundable. WHOLEHEARTED WOMANreserves the right to place further services on hold until any outstanding invoice is paid. If payment ceases for a period of 30 days, this Agreement will be cancelled and Client will be required to pay the prorated amount due for services performed up to that date.

Your credit/debit card details are not handled by WHOLEHEARTED WOMAN. All payment and all credit card handling is through a third party. Authority for payment must be given at the time of placing your order.


2. METHODS OF PAYMENT

If Purchaser elects to pay by monthly installments, Purchaser authorizes WHOLEHEARTED WOMANto charge Purchaser’s credit card, debit card or PayPal account. If Purchaser elects to pay in FULL, Purchaser may pay by credit card, debit card, or PayPal.

Purchaser must provide current, complete, and accurate billing and credit card information. Purchaser must promptly update all billing information (such as billing address, card number, and expiration date) to keep their account current, complete, and accurate, and must promptly contact WHOLEHEARTED WOMAN if their credit card is lost or stolen, or if they become aware of a potential breach of account security (such as an unauthorized disclosure or use of their Sign-In Name or Password). Purchaser hereby authorizes WHOLEHEARTED WOMANto obtain or determine updated or replacement expiration dates for their credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer or PayPal account, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

3. REFUND POLICY

Due to the nature of digital material, we do not offer refunds, exchange or cancellations on any of our digital downloads. If you have any concerns, please contact us by emailing molly@wholeheartedwoman.org. We will return your email within 3 business days.

 

4. PARTICIPANT ACKNOWLEDGEMENT

This Agreement shall constitute the entire agreement between Purchaser and WHOLEHEARTED WOMAN. Purchaser understands and agrees that this Agreement supersedes any prior or contemporaneous oral or written agreements or statements and may not be modified without the written consent of WHOLEHEARTED WOMAN. Purchaser also understands that this Agreement constitutes a binding contract upon purchase of digital products on WHOLEHEARTED WOMAN™.

 

5. USE OF RECORDINGS

Please note that coaching calls, webinars, or other audio or visual services may be recorded and can be used in the future by WHOLEHEARTED WOMANfor business and promotional materials or in conjunction with the sale of any products or services unless you specifically request otherwise. If you would like to make such a request, please send an email to molly@wholeheartedwoman.org.

 

6. CONFIDENTIALITY

As part of digital products on WHOLEHEARTED WOMAN, Purchaser and WHOLEHEARTED WOMANagree to hold any Confidential Information received from the other in the strictest confidence.

Purchaser also agrees to hold every other participant’s Confidential Information in the same strict confidence as required between WHOLEHEARTED WOMANand digital products on WHOLEHEARTED WOMAN participants. Information shared in Facebook groups, on calls, in video conferences, or any other means shall be maintained as confidential.

 

7. ACCESS TO PROGRAM MATERIALS and FACEBOOK GROUP

Purchaser will have access to all materials for the duration of the program. In the event WHOLEHEARTED WOMAN discontinues the program, Purchaser will be given fair notice in order to have sufficient time to download any available content before the program ends.

The private Facebook group will be closed upon the completion of the digital products on WHOLEHEARTED WOMAN group this Agreement applies to. WHOLEHEARTED WOMAN reserves the right to keep the group open for a longer period, but this in no way waives the right to close it at a future date. WHOLEHEARTED WOMAN also reserves the right to transfer the private Facebook group into a paid option at the end of the program.

 

8. NO GUARANTEE OF RESULTS

PURCHASER EXPRESSLY AGREES THAT THEIR USE OR INABILITY TO USE DIGITAL PRODUCTS OF WHOLEHEARTED WOMAN  IS AT PURCHASER’S SOLE RISK. The content of digital products on WHOLEHEARTED WOMAN is for informational purposes only. By purchasing participation in digital products on WHOLEHEARTED WOMAN you accept, agree and understand that you are fully responsible for your progress and results and that we offer no representations, warranties or guarantees verbally or in writing regarding your results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, network and financial situation, to name just a few. You also understand that any testimonials or endorsements by our clients, customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.

 

9. INTELLECTUAL PROPERTY

By accepting this Agreement, Purchaser acknowledges and agrees that all content presented within digital products on WHOLEHEARTED WOMAN is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of WHOLEHEARTED WOMANand/or its Affiliates.

You are only permitted to use the content as expressly authorized by WHOLEHEARTED WOMAN or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content or information from digital products on WHOLEHEARTED WOMAN in any form or by any means without prior written permission from WHOLEHEARTED WOMANor the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available within. Any unauthorized use of the materials referred to may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

10. GENERAL INFORMATION AND UNDERSTANDINGS

WHOLEHEARTED WOMANwarrants that it has the right to provide digital products on WHOLEHEARTED WOMAN  and will use all reasonable skill and care in making it available to Purchaser and in ensuring its availability. Because of the nature of the internet, errors and omissions do occur and WHOLEHEARTED WOMAN does not give any other warranties in respect of digital products on WHOLEHEARTED WOMAN.

WHOLEHEARTED WOMAN is continually seeking to improve digital products on WHOLEHEARTED WOMAN. WHOLEHEARTED WOMAN reserves the right, at its discretion, to make changes to any part of digital products on WHOLEHEARTED WOMAN  provided that it does not materially reduce its content or functionality.

 

11. REPRESENTATIONS AND WARRANTIES

Each party warrants that:

(i) This Agreement has been duly and validly executed and delivered and constitutes a legal, valid, and binding obligation, enforceable against either party in accordance with its terms;

(ii) They have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform their obligations under this Agreement, without the approval or consent of any other party; and

(iii) They have sufficient right, title, and interest in and to the rights granted in this Agreement.

WHOLEHEARTED WOMANwarrants that the Services will be performed in a professional manner in accordance with recognized industry standards. To the extent Services provided are advisory, no specific result is assured or guaranteed.

WHOLEHEARTED WOMANEXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (BY ANY TERRITORY OR JURISDICTION) TO THE EXTENT PERMITTED BY LAW, AND FURTHER WHOLEHEARTED WOMAN EXPRESSLY EXCLUDES ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY TO THE EXTENT PERMITTED BY LAW.



12. LIMITATION OF LIABILITY

MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT OR CONTRACT, SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY PURCHASER FOR THE SERVICES, COURSE OR PRODUCT FROM WHICH THE CLAIM AROSE. IN NO EVENT SHALL WHOLEHEARTED WOMANBE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST DATA OR LOST PROFITS, HOWEVER ARISING, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.

 

13. INDEMNIFICATION

You agree to indemnify and hold harmless WHOLEHEARTED WOMANand its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding.

You will immediately notify WHOLEHEARTED WOMANof any current, impending, or potential legal action against it by a third party for matters relating to email, email complaints, email deployment, and violations of CAN-SPAM.

WHOLEHEARTED WOMANreserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the indemnifying party hereunder.

 

14. ASSIGNMENT

Neither party may assign its rights or obligations under this Agreement to any party, except, that the assignment to a third party who obtains all or substantially all of the business or assets of a party shall be permitted subject to the reasonable consent of the other party (i.e. the non-assigning party).

 

15. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and interpreted in accordance with the laws of the State of California without regard to the conflicts of laws and principles thereof. Jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement, shall be only in a federal or state court having subject matter jurisdiction located in San Jose, California.

 

16. DISPUTE RESOLUTION

Any cause of action brought by Purchaser against WHOLEHEARTED WOMANmust be instituted within one year after the cause of action arises or be deemed forever waived and barred.

For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees’ (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of California and agrees that those courts have personal jurisdiction over each party; (iii) venue will be in California; and (iv) the parties will submit the dispute to mandatory mediation held in California or through an online mediation service agreed upon by all parties. If the parties cannot agree on a mediator, then any party may apply at any time to the presiding judge of the Superior Court for the appointment of a mediator, and the judge’s selection is binding on all parties. The parties will share equally (50/50) in all costs of the mediation, including the mediator’s fees, but each party is solely responsible for its own attorneys’ and experts’ fees. Every mediation will be completed within 4 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 4-month period, then the parties may continue seeking to resolve the dispute via any process, including litigation by trial.

In no event shall WHOLEHEARTED WOMANbe liable for any consequential, punitive or multiple damages of any kind.


17. FORCE MAJEURE

Neither party shall be liable for any failure to perform its obligations under this Agreement if prevented from doing so by a cause or causes beyond its control, including without limitation, acts of God or public enemy, failure of suppliers to perform, fire, floods, storms, earthquakes, riots, strikes, war, and restraints of government.

18. GENERAL

(a) Parties may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

(b) This Agreement represents the entire agreement between the parties, and shall supersede all prior agreements and communications of the parties, oral or written.

(c) The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.

(d) If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

(e) The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.

 

19. CONTACT INFORMATION

If you have any questions or concerns, please contact WHOLEHEARTED WOMANby email at molly@wholeheartedwoman.org.

The Parties hereby agree to all of the above terms and have executed this Agreement by a duly authorized officer, agent or representative.