TERMS OF PURCHASE
Ashley Gartland Coaching, LLC
This service agreement is entered into and effective between you (“User”) and Ashley Gartland Coaching LLC (“Company”) upon enrolling or purchasing digital services or products and is subject to the following terms of purchase:
1. SCOPE OF PRODUCT
Upon executing this agreement, company agrees to provide services in accordance with the workshop (“Product”). The workshop will be delivered virtually and shall include the following:
- A live 90-minute virtual workshop
- A recording of the virtual workshop (to be emailed to participants within 48 hours of the event)
- A copy of the 5 Steps to Simplify Workbook
2. PAYMENT AND REFUND POLICY
Upon execution of this Agreement, User agrees to pay to the Company the purchase amount as stated on the website. All sales for this workshop are final; company does not offer refunds.
Company will endeavor to share its best information and instruction to the User but cannot guarantee the outcome of the Services provided. Company’s comments about the outcome are expressions of opinion only and do not guarantee that the User will produce a specific result or generate a specific skill. Testimonials or examples shared by the Company are only examples of what may be possible.
Company makes no guarantees other than that the scope of product described in Paragraph 1 shall be provided to User in accordance with the terms of this agreement. User acknowledges that Company cannot guarantee any results for the Product as such outcomes are based on subjective factors that cannot be controlled by Company. Nor is the Company liable for any losses the User may suffer by relying on Company’s advice or information. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.
User acknowledges that while Company takes reasonable steps to maintain the confidentiality of User’s information, there is an inherent risk in all forms of electronic communication, and communications between User and Company may be unlawfully intercepted by third parties not under Company’s control. Company does not guarantee the security of any information transmitted via the Internet, telephone or text message. Any efforts User undertakes to communicate with Company are done at User’s own risk. User may authorize Company to disclose User’s information to a third party by doing so in writing reflecting the Users’s signature.
5. INTELLECTUAL PROPERTY RIGHTS.
In respect of the Product sold as part of this Agreement, Company maintains exclusive, worldwide right, title, interest, ownership and all subsidiary rights, including all rights accruing to Company under the United States Copyright Act, for use throughout the world in perpetuity in any manner or media whether now known or hereafter invented. User does not have permission to use, modify, publish, reproduce, duplicate, sell, trade, distribute or in any way exploit in any format whatsoever any of the Product or intellectual property, in whole or in part, without Company’s prior written consent.
6. EFFECTIVE HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
7. GOOD FAITH
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance and any termination of this Agreement.
8. DISCLAIMER OF WARRANTIES
The Product provided to the User by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
9. LIMITATION OF LIABILITY
(a) IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; ADDITIONALLY, COMPANY IS NOT LIABLE FOR 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 PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; 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 ASHLEY GARTLAND COACHING, LLC 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 THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW.
(b) IN NO EVENT SHALL A PARTY’S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.
(c) THE FOREGOING LIMITATIONS IN THIS SECTION 7 SHALL NOT APPLY TO A BREACH OF CONFIDENTIALITY BY A PARTY HEREUNDER OR THE OBLIGATIONS UNDER PARAGRAPH 4.
10. JURISDICTION OF DISPUTES; MEDIATION
Any disputes based on or arising out of this Agreement or its subject matter, whether based on contract, tort or other legal theory, shall be heard and determined by a judge of the State of Oregon, County of Multnomah. The parties acknowledge that disputes brought before the Court may be referred to mediation prior to trial. Both parties agree to participate in mediation proceedings if recommended by the court.
11. RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
12. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, regardless of the conflict of laws principles thereof.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
14. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.