Congratulations on your acceptance into Council of Love Inc (“Company”) 13th Octave LaHoChi Certification, available immediately upon purchase.
This Agreement looks different than most boring contracts you have probably seen, but it is still a contract! Please read this agreement carefully before signing, because you are making an important commitment on behalf of your business to Council of Love Inc.
WHAT IS INCLUDED
As a student of the 13th Octave LaHoChi Certification program, the Company has agreed to provide you with the following materials.
As a whole, they are sometimes referred to as “Deliverables” in the rest of this Agreement:
Lifetime Access to the Certification recordings, including walkthroughs of how the certification model has been implemented in various niches and in various ways.
IMPORTANT NOTICE
You Understand And Agree That Course Materials Are Subject To Change. While not expected, occasionally the curriculum may have to change based on group needs and company’s desire for continuous improvement. In the event that course updates are needed, they will be made available to the Client at no additional charge.
THE PRICE
The Company has reviewed the Program budget to determine the cost to students. In making its decision, the following factors were considered:
- The number and scope of Deliverables provided
- The market value of the same
- Potential short-term and long-term impact on the Student
The Student must pay according to the terms contained herewith.
Pay In Full: A One-Time Only Payment Of $17 (US Dollars) Paid Via The Order Form
THESE ARE NOT INCLUDED
As a student accessing this course, it is YOUR RESPONSIBILITY to understand all legal terms and conditions outlined herewith. You should not sign this binding legal agreement unless you agree to the following:
1. No Services. 1-on-1 coaching, group coaching, and done-for-you services of any kind are not included in this Course. This is a do-it-yourself program.
2. No Endorsements. You are not receiving an endorsement from Council of Love Inc. or Linda Dillon, and neither is any other participant. Do not create the appearance of an endorsement or rely on any person who claims to have received an endorsement.
3. No Ownership Of Course Materials. As a participant, you will have one, non-exclusive license to view written and video materials provided by More Profitable IP. You do not have ownership of this information, which is protected by federal copyright laws. You may not copy, re-teach, re-engineer, distribute, reteach, or otherwise provide access to this information to any other person, for free or paid, without express written consent of More Profitable IP, which it may withhold for any reason. By using information for these purposes, you agree to pay a license fee for past use (prices start at $7,500.00).
4. No Rights To Company Trademarks. Council of Love Inc. protects its names! You are not receiving permission to use trade and service marks like 13th Octave Certification program, or any other trademark of the Company, even if not listed here, and some of which are under license from third parties.
5. No Results Guaranteed. You are receiving access to this course, but not guaranteed results from it. The “Deliverables,” as previously outlined within this contract, are the course materials that are released. The Deliverables do NOT include a desired result from these materials. To put it simply: Deliverables are different from results. Results depend on a variety of factors and are therefore not guaranteed. Remember this is a do-it-yourself program and it is on you to implement from what you learn.
6. No Accreditation. You acknowledge that no representation has been made concerning the accreditation of Council of Love program materials. It is not a regionally or nationally accredited program and has not been accredited by the Council for Higher Education Accreditation or any other designated agency or accrediting body recognized by the United States Department of Education.
7. No Professional Advice. The Company does not engage in the rendering of accounting, legal, financial, medical, dietary, or investment services or advice. You acknowledge that you will make your own decisions before acting on any information gained from this program. It is further understood that before you utilize any techniques suggested by this program, you should consult licensed professionals as applicable. If you are a licensed professional, you have an affirmative duty to ensure that implementing the principles of this program does not violate ethical or legal duties you may have in your profession.
8. No Refunds. By signing this Agreement, you acknowledge that a refund will not be provided, even if you cannot participate for any reason, you will continue to be billed according to the schedule in this Agreement. Council of Love Inc. considers this policy a material inducement to entering into this Agreement, and would not have done so unless this policy were included. If you initiate a chargeback, the Company may assess a $250 fee for administrative time required in responding to the chargeback. If we must pursue collection or defend a lawsuit, we will assess our attorney’s fees and costs to your account.
9. No Termination. This Agreement does not terminate if you decide not to follow through on your business. You are agreeing to pay in full for Deliverables. When you sign this Agreement, you commit to pay the purchase price in full regardless of a change in circumstances. To further clarify, this Agreement does not terminate if you: (i) decide not to follow through on your action steps or otherwise prevent the Company from completing the Deliverables, (ii) intend to use or decide not to utilize the Deliverables, (iii) personally “like” the Deliverables, (iv) your business goals and needs change after you sign this agreement, or (v) for any other reason. The Company considers this policy a material inducement to entering into this Agreement, and would not have done so unless this policy were included.
10. No Change To Agreed Upon Billing Schedule. An Official Settlement Agreement must be signed by both parties before the official execution of any billing schedule changes.
11. No Relationship. The parties hereto expressly understand and agree that they are not employers or employees, principals and agents, or partners or co-venturers in the performance of each and every part of this Agreement, and they remain solely responsible for all of their respective employees and agents.
12. No Assignment, Oral Waivers or Modifications. This Agreement may not be assigned to any other party for delivery of services or receipt of services. Its requirements may not be waived or modified except in writing signed by the Company.
THESE ARE YOUR RESPONSIBILITIES
1. You Are Responsible For Knowing Your Own Circumstances.
You are in the best position to evaluate your personal circumstances, including legal, medical, financial, business, and family matters, and you take sole responsibility for the decisions or actions (or inaction) regarding them as those decisions or actions pertain to your purchase. For that reason, you are personally responsible for all research, preparations, labor, and/or business decisions made as a result of or arising from your participation. You shall make all such evaluations and decisions independently of the Company.
2. You Are Responsible For Your Execution.
We cannot FORCE you to use what you learn. Please understand that failure to consume, utilize, or implement trainings does not constitute a credit or refund of any kind. Don’t just buy this course… USE IT!
3. You Are Responsible For Understanding The Risks.
You understand the risks associated with being a business owner. You expressly acknowledge and agree that you did not sign this Agreement on the basis of representations regarding earnings or business results of the services. You understand that all testimonials, case studies, stories, or other claims made in sales material, phone calls, or other communications are representative of the unique experience of the participants and customers referenced, and do not necessarily reflect the experience that you and your business may have using our services. Your business’ results will vary depending upon a variety of factors unique to your business and market forces beyond our control.
4. You Are Responsible For Your Own Personal And Business Expenses.
You can afford additional investments that your business or life may require. These services are only pieces of a successful business. By signing this agreement, you acknowledge that you are responsible for and can make additional financial investments in your business which may be required. By way of example and not limitation, if the training suggests a Sales Funnel for your certification marketing efforts, you are responsible for that purchase. If you are too busy to participate and believe you need to hire an assistant to free up your time, you are responsible for that decision and purchase. Our company, team members, and these services are not a one-stop-shop designed to fill all of the needs of your business. You will require other resources, software, personnel, and expenses to be successful.
5. You Are Responsible For And Can Bear The Risk Of The Expense Of Unexpected Interruptions.
Best efforts will be made to minimize and resolve unexpected disruptions. By way of example and not limitation, unexpected interruptions may include technology challenges or changes that may cause the portal to go “down” and course materials to become inaccessible temporarily. These interruptions are not a breach of the duties under this Agreement. In any of the foregoing circumstances, the Company will make every effort to resolve the issue in a timely fashion.
THESE ARE IMPORTANT TERMS AND CONDITIONS
1. You Are A Business Owner. You enter this Agreement in your capacity as a business owner, not as an individual consumer. This is true even if you do not have a business entity such as a limited liability company or pay for the program on a personal card. As a business owner, you may have limited rights under the laws of your state, and may be giving up consumer rights.
2. You Guarantee Payment. You absolutely and unconditionally guarantee payment in full for all obligations under this Agreement (the “Guarantor”). The Guarantor agrees to repay obligations under this Agreement on demand, without requiring the Company to enforce payment against any other party first.
3. You Understand The Disclaimer of Warranties. Participant understands the program is offered on an “as-is, where-is” basis, without any implied or express warranty as to its performance or to the results that may be obtained by using the program. This limited warranty is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation.
4. You Understand What Happens If We Get Sued Due To Something You Did. You agree to indemnify, defend and hold harmless More Profitable IP, its principals, affiliates, successors and assigns from and against any and all claims, damages, losses, liabilities, lawsuits, costs and expenses (including attorneys’ fees at all tribunal levels) arising out of or related to any activity, work, or other thing done or permitted to be done by you where such liability arises from negligence on your part or the violation of this Agreement. This includes any liability arising from breach of confidentiality by any party.
5. You Agree Damages Are Limited Under This Agreement. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF OPPORTUNITY COST, LOSS OF PROFITS AND THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. DAMAGES, INCLUDING ATTORNEY’S FEES AND COSTS, ARE LIMITED TO THE AMOUNT OF THIS AGREEMENT, EXCEPT FOR THOSE CLAIMS ARISING OUT OF INFRINGEMENT OF MORE PROFITABLE IP’S INTELLECTUAL PROPERTY.
6. You Agree Florida Law Governs This Agreement and it will be enforced by either party in Florida. This Agreement will be governed by Florida law, without regard to its conflicts of law principles. You understand and agree that you submit to the exclusive personal jurisdiction and venue of this state and agree that any dispute or legal proceeding commenced shall take place in Saint Lucie County, Florida. Prior to the commencement of any litigation, the parties agree to submit to one two-hour minimum mediation session before a mediator licensed in Florida.
7. You Agree To Mutual Non-Disparagement, Non-Defamation. The parties hereto expressly understand and agree not to make any oral or written statement about the other party which is intended or reasonably likely to disparage or defame the other party, or otherwise degrade the other party’s reputation in the community or industry.
8. You Agree To Accept Electronic Signatures and Other Documents. You agree that your electronic signature is valid and binding evidence of your assent to the terms of this Agreement. You agree to sign additional documents which may be necessary to complete the material purpose of this Agreement, including without limitation, waivers and/or limitations of liability, payment authorizations, and/or publicity releases. If you pay for the program using a credit or debit card that is not in your own name, you represent and warrant that you have authority to charge the card and will not initiate a chargeback for this reason.
BY SIGNING, YOU AGREE THAT THERE IS NO INFORMATION YOU DEEM MATERIALLY IMPORTANT THAT IS NOT INCORPORATED INTO THIS AGREEMENT.
I have read the foregoing Agreement, understand its terms, and agree.
EXHIBIT A Publicity Rights Release
Council of Love Inc. is pleased to hear from customers and welcomes your comments regarding our services and products. Company will request permission to display graphics, data, and other elements of your Deliverables as examples of its work in its portfolio or the portfolio of its affiliates (including without limitation, companies owned by Linda Dillon or Council of Love Inc.).
The Company may use testimonials, reviews, Facebook posts, Slack messages, clips from calls, or other statements made about our services in whole or in part with express permission from The Client. Testimonials may be used for any form of activity relating to Company services or products, in printed and online media, as determined in its sole and exclusive discretion. Note that testimonials, photographs, and other information that you provide to us and are approved by you will be treated as non-confidential and nonproprietary, and, by providing them, you grant More Profitable IP a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.
Additionally, the Company reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Council of Love Inc shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
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