Terms of Service
This On-Line Course, Trainings, and Resources Terms and Conditions Agreement and Disclaimer (“Agreement”) is made by DebraSavage.com and Your Money Sweet Spot, LLC, businesses organized pursuant to the laws of the State of Maryland, and the below Customer.
AGREEMENT
Customer wishes to engage the services of DebraSavage.com & Your Money Sweet Spot, LLC, to provide online resources, webinars, pre-recorded trainings, and associated “homework” which shall be available to Customer for viewing for a period of thirty (30) days from the date of initial payment for membership. By registering, purchasing, using and/or continuing to use the Program and/or Program Materials sold by, DebraSavage.com and Your Money Sweet Spot, LLC Customer agrees to be bound by the terms and conditions of this Agreement as follows:
1. DEFINITIONS
“Program” will include instruction, guidance and coaching with the focus on Money Tracking.
“Program Material(s)” include information and content provided to Customer as part of the Program.
“Customer” shall include any person, business or entity who registers for the Program including any employee and/or agent of such business or entity and who has timely paid all fees and costs. To be a Customer, you must be 18 years or older and by entering into this Agreement you represent that you are at least 18 years old and agree to be bound by these terms and conditions. If executing this Agreement on behalf of a business or entity, you represent that you have the actual authority to enter into this Agreement and bind your business or entity to the terms and conditions contained herein.
“Commencement Date” means the date that the initial fee is paid.
“Services” shall include, the Program, webinar modules, videos and any Program Materials provided to Customer.
2. COMMENCEMENT AND DURATION
This Agreement shall begin on the Commencement Date and shall continue for the duration of the Membership Subscription Period unless otherwise cancelled as set forth below.
3. SERVICE FEES
To enroll in the Program, Customer must pay the required Service Fee in full.
4. LICENSE
4.1 Subject to the terms and conditions set forth in this Agreement,DebraSavage.com and Your Money Sweet Spot, LLC grants Customer a non-exclusive, non-transferable, limited license to access and view the Program. The right to view the Program and access Program Materials is limited to Customer only and the Program and/or Program materials shall not be reproduced, copied, downloaded, recorded or replayed without the express written authorization of DebraSavage.com and Your Money Sweet Spot, LLC. Accordingly, Customer is prohibited from downloading, recording, storing, reproducing, transmitting, displaying, printing, copying, selling or distributing the Program or Program materials unless otherwise specified.
4.2 All right, title, and interest (including all copyrights and other intellectual property rights) in the Program or Program Materials belong to DebraSavage.com and Your Money Sweet Spot, LLC and Customer and shall not acquire any ownership interest, copyright or other intellectual property rights or proprietary interest in the Program or Program Materials or copies thereof.
4.3 Customer shall not record or reproduce for sale, download/post to the Internet or otherwise misappropriate the Program or Program Material in any fashion or do anything that infringes onDebraSavage.com and Your Money Sweet Spot, LLC proprietary ownership or copyright interest.
4.4 Customer may not remove or obscure anyDebraSavage.com and Your Money Sweet Spot, LLC badge, icon, label, trademark, watermark or other notice contained in the Program or Program Materials.
5. ACCESS TO SERVICES
5.1 Only the Customer shall be entitled to access the Program and/or Program Materials.
5.2 Content and features of the Program and/or Program Materials may be added to or withdrawn or changed by DebraSavage.com and Your Money Sweet Spot, LLC without notice.
5.3 Customer shall ensure that having access to the Program and/or Program Materials is: (a) authorized to access the Program and/or Program Materials; and (b) is bound by and shall otherwise comply with the terms and conditions of this Agreement; and (c) has paid the Service Fee in full.
5.4 All reasonable efforts will be made to ensure that the Program and/or Program Materials will be accessible to Customer at all reasonable times. However,DebraSavage.com and Your Money Sweet Spot, LLC shall not be responsible for circumstances beyond its control which may affect Customer’s ability to view or access the Program and/or Program Materials and Customer agrees that there will be no right to any refund or reimbursement in such circumstances.
5.5 Customer consents to DebraSavage.com and Your Money Sweet Spot, LLC monitoring Customer’s access to the Program and/or Program Material, including the tracking of computer usage and/or IP addresses to ensure against the unauthorized use, copying or dissemination of the Program and/or Program Materials.
6. TERMINATION BY DEBRASAVAGE.COM
DebraSavage.com and Your Money Sweet Spot, LLC may terminate or suspend its performance of all or part of its obligations under this Agreement immediately and without liability for compensation or damages if: (a) Customer fails to comply with the terms and conditions of this Agreement; (b) Customer makes or issues any communication which is defamatory or which portrays DebraSavage.com and Your Money Sweet Spot, LLC in a negative light, in DebraSavage.com and Your Money Sweet Spot, LLC opinion, is harmful/potentially harmful or prejudicial to DebraSavage.com and Your Money Sweet Spot, LLC in the market place; (c) Customer’s unauthorized or improper use of DebraSavage.com and Your Money Sweet Spot, LLC Website or Web Platform; or (d) Customer engaging in any intentional or illegal act intended to harm or damage DebraSavage.com and Your Money Sweet Spot, LLC.
7. CANCELLATION BY CUSTOMER
Customer’s cancellation of and withdrawal from the Program is permitted by providing written notice to DebraSavage.com and Your Money Sweet Spot, LLC with 24 hours of the initial payment. Customer who provide proper and timely notice of cancelation will be eligible to receive a refund of the Service Fee paid.
Customers who fail to provide proper and timely notice shall not be eligible for a refund of the Service Fee paid, either in whole or pro rata.
8. LIMITATION OF LIABILITY
8.1 DebraSavage.com and Your Money Sweet Spot, LLC makes no express or implied warranty regarding the Program, Program contents or Program Materials. The Program and Services provided by DebraSavage.com and Your Money Sweet Spot, LLC are provided on an “AS IS” and “AS AVAILABLE” basis, and DebraSavage.com and Your Money Sweet Spot, LLC makes no express or implied warranties under this Agreement, including without limitation, that the Program, Program contents, Program Materials or Services are complete, accurate and/or free from errors. Accordingly, DebraSavage.com and Your Money Sweet Spot, LLC shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Program and/or Program Materials; (b) the unavailability or interruption of the Program and/or Program Materials or the supply of the Services, (c) Customer’s use or misuse of the Program and/or Program Materials, (d) Customer’s use of any computer, server, Internet service, Wi Fi system or other equipment in accessing or attempting to access the Program and/or Program Materials or Services, (e) the content of the Program and/or Program Materials, (f) any delay or failure in performance beyond the control of DebraSavage.com and Your Money Sweet Spot, LLC, or (g) any act, omission or negligence of any third party over which DebraSavage.com and Your Money Sweet Spot, LLC has no control.
8.2 DebraSavage.com and Your Money Sweet Spot, LLC’s liability to Customer for any breach or alleged breach of any term or condition of this Agreement, for any breach or alleged breach of any express or implied warranty, for any act, omission or claim of negligence, or violation or alleged violation of any Federal, State or local law or statute, shall be limited to, at DebraSavage.com and Your Money Sweet Spot, LLC option, to either supplying the Program and/or Program Materials again to Customer or refunding the Service Fees paid by Customer either in whole or in part. Nothing in this Agreement is intended to exclude liability for death or personal injury resulting from any alleged negligence by DebraSavage.com and Your Money Sweet Spot, LLC.
8.3 DebraSavage.com and Your Money Sweet Spot, LLC liability to Customer for loss or damage of any kind (including loss or damage caused by negligence), if any, shall be reduced to the extent that Customer caused or contributed to that loss or damage.
8.4 Customer agrees than in no circumstance should DebraSavage.com and Your Money Sweet Spot, LLC be liable to Customer for any special, indirect, incidental or consequential damages of any kind, lost profits, lost wages, cover damages, punitive damages, liquidated damages, costs or recovery of attorneys’ fees due to, resulting from or arising in connection with the Program, Program Materials and/or Services or the failure of DebraSavage.com and Your Money Sweet Spot, LLC to perform any obligation under this Agreement.
8.5 The Program Materials and/or Services provided to Customer are for reference purposes only and are not intended, nor should they be used, as a substitute for professional advice or judgment or to provide legal advice with respect to particular circumstances.
8.6 DebraSavage.com and Your Money Sweet Spot, LLC makes reasonable efforts to keep the Program and/or Program Materials up to date. However, Customer should obtain independent verification or advice before relying upon any information contained in the Program and/or Program Materials in circumstances where loss or damage may result.
8.7 Any password or ID number issued by DebraSavage.com and Your Money Sweet Spot, LLC to Customer is personal and confidential to that Customer. If DebraSavage.com and Your Money Sweet Spot, LLC suspects that any password or ID is being used by an unauthorized user, DebraSavage.com and Your Money Sweet Spot, LLC reserves the right to cancel or disable the Password or ID number.
8.8 DebraSavage.com and Your Money Sweet Spot, LLC shall be entitled to recover from Customer all costs and expenses, including the recovery of reasonable attorneys’ fees, associated with any dispute arising between DebraSavage.com and Your Money Sweet Spot, LLC and Customer including any dispute or litigation arising out of this Agreement.
9. TESTIMONIALS
DebraSavage.com and Your Money Sweet Spot, LLC solicits testimonials from customers to provide comments, feedback and information from their experience with DebraSavage.com and Your Money Sweet Spot, LLC Programs. By executing this Agreement, Customer agrees to permit DebraSavage.com and Your Money Sweet Spot, LLC to use, publish, post, and/or communicate any testimonial and otherwise grants DebraSavage.com and Your Money Sweet Spot, LLC a royalty-free, perpetual, non-exclusive, unrestrictive, worldwide license to use, distribute, post, advertise, communicate, transmit, copy, edit, exploit or otherwise publicly disseminate any communication or testimonial submitted by Customer, in whole or in part, without identifying Customer as the author of the original post or comment. If DebraSavage.com and Your Money Sweet Spot, LLC so chooses to identify Customer, Customer also grants DebraSavage.com and Your Money Sweet Spot, LLC the right to identify Customer as the author of any communication or testimonial, by name, initials, email address, screen name, or any other reasonable manner of identification with written permission.
Any and all testimonials used for the purpose of engaging Customer into purchasing the programs, resources, trainings, and coaching provided by DebraSavage.com and Your Money Sweet Spot, LLC do not in any way guarantee that the Customer will experience similar results.
10. REPRODUCTION AND COMPETITION RESTRICTION
The Program and Program Materials is for the use of the Customer only and may not be replicated, copied or transmitted to any third party for sale or any other commercial use or purpose without our prior written consent of DebraSavage.com and Your Money Sweet Spot, LLC. Customer shall not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained in the Program or the Program Materials for sale or other commercial purpose other than as permitted by this Agreement.
11. MISCELLANEOUS
11.1 Entire Agreement. This Agreement embodies the entire understanding of the parties in respect of the matters contained or referred to in it and there are no promises, terms, conditions or obligations oral or written, express or implied other than those contained in this Agreement.
11.2 Assignment. This Agreement may not be assigned by Customer to anyone. DebraSavage.com and Your Money Sweet Spot, LLC may assign all rights and obligations under this Agreement without prior consent from Customer.
11.3 Waiver. The failure of a party to require the performance of any obligation herein by the other shall not be deemed a waiver of future compliance herewith and shall not affect the right of a party to require compliance at any time thereafter. Any remedies contained herein shall be cumulative and not alternative.
11.4 Governing Law/Venue. All disputes between the parties hereto including any and all disputes arising out of this Agreement shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise, by the procedural and substantive laws (and not the conflict of law rules) of the State of Maryland, United States of America (“USA”). Any dispute arising under or out of this Agreement or between the parties hereto shall be heard by either the state (circuit or superior) court located in Maryland or the United States District Court for the District of Maryland, City Division, USA. Each party hereby irrevocably waives all claims of immunity from jurisdiction and any right to object on the basis that any dispute, action, suit or proceeding has been brought in an improper or inconvenient forum or venue. Should Customer file a suit or claim in a venue or forum other than as provided herein, Customer shall pay to DebraSavage.com and Your Money Sweet Spot, LLC all costs, including attorneys’ fees, travel costs and local counsel fees, associated with dismissing the improperly filed matter or otherwise related to transferring said action to the proper court and/or venue.
11.5 Interpretation. In this Agreement words expressed in any gender shall where the context so requires or permits include any other gender.
11.6 Use of Personal Information. DebraSavage.com and Your Money Sweet Spot, LLC may use personal or business information of any Customer users for the purposes of (a) providing access to and use of the Program, (b) providing Customer support, billing and other similar activities related to the Program, and (c) keeping Customer informed about products, services, offers and upcoming events and to improve DebraSavage.com and Your Money Sweet Spot, LLC Services. Customer may also provide personal or business information about Customer to third parties for the purpose of providing Customer with direct marketing offers which DebraSavage.com and Your Money Sweet Spot, LLC thinks may be of interest to Customer. If Customer does not wish to receive information about other products, services, offers and events, Customer shall notify DebraSavage.com and Your Money Sweet Spot, LLC of same in writing.
11.7 Amendments and Modifications. The terms and conditions as contained in this Agreement may be changed or updated at any time and DebraSavage.com and Your Money Sweet Spot, LLC reserves the right to make any change or update at any time in its sole discretion. It shall be the burden of Customer to routinely check for updates to terms and conditions. By continuing to use Program and/or Program Materials, Customer agrees to be bound by the terms and conditions, including any amendments thereto. If Customer is not in agreement with DebraSavage.com and Your Money Sweet Spot, LLC terms and conditions or any amendments thereto, Customer shall notify DebraSavage.com and Your Money Sweet Spot, LLC of same, in writing.
