TERMS OF PURCHASE
THE ELEMENT OF DESIGN
By selecting one of the following levels of MASTERCLASS: Email Marking Masterclass, or Brand Mood Board Masterclass, (“the Program”) and clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by SAM DUNCAN (“Designer”), acting on behalf of The Element of Design (“the Company”), and you are entering into a legally binding agreement (“the Agreement”) with the Company, subject to the following terms and conditions:
- TERMS OF MASTERCLASS PROGRAM.
- Upon purchase and execution of this Agreement, Client will be provided with the following services each month according to the specific level as detailed on thetechsavvycoach.com (“the Website”) and selected prior to purchase. These services include but are not limited to:
- Video course
- Printouts + Guides
- The scope of services rendered by the Designer pursuant to this Agreement shall be limited to those contained herein and/or provided for on Designer’s Website as part of the Program.
- Designer reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
- Client understands that certain tools or products will need to be purchased by Client in order to complete the Program as stated and will be required to maintain Client’s services. These may include, but are not limited to:
- Monthly fees from third-party providers
- Purchased stock
- METHODOLOGY. Client agrees to be open minded to Designer’s methods and partake in Program as proposed. Client understands that Designer has made no guarantees as to the outcome of the Program. Designer may revise methods or parts of the Program based on the needs of the Client and/or the Program.
- PAYMENT AND REFUND POLICY.
- Upon execution of this Agreement, Client agrees to pay to the Designer the full purchase amount as stated on the Website.
- No refunds will be provided.
- Credit Card Authorization (if applicable for payment plan). Each party hereto acknowledges that Designer will charge the credit card chosen by the Client on the dates and for the amounts specified upon purchase and as included in this Agreement.
- In the event Client fails to make any of the payments outlined above, Designer has the right to immediately disallow services and benefits until payment is paid in full.
- By participating in this Program, the Client acknowledges that the Designer does not warrant the accuracy of any information provided, is not liable for any losses the Client may suffer by relying on Designer’s advice or products.
Any testimonials or examples shown through the Designer’s website, programs, and/or services are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Program and/or services. You acknowledge that the Designer has not and does not make any representations as to success of any kind that may be derived as a result of use of Designer’s programs, products or services.
The Designer may provide the Client with information relating to products that the Designer believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Designer is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information provided.
The Designer will utilize and recommend third-party services within the Program. The Designer is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party. The Client is solely responsible for ensuring he/she complies with the Terms of Service and policies of any third-party service and the Designer is not liable for any adverse effects that may result from Client not complying with such terms. The Designer may also provide Client with third-party recommendations for such services as marketing, technology, photography, business, or other related services. Client agrees that these are only recommendations and the Designer will not be held liable for the services provided by any third-party to the Client.
- INTELLECTUAL PROPERTY RIGHTS. In respect of the Material specifically created for the Client as part of this Program, including themes, documents, modules, designs, or other branding content, the Designer maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Any photos or images provided will be free stock Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Designer to the Client, nor grant any right or license other than those stated in this Agreement. Client understands that he/say may not transfer themes or other content to a third-party.
- 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.
- DISCLAIMER OF WARRANTIES. The information, education, and design provided to the Client by the Designer 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.
- LIMITATION OF LIABILITY. By using the Company’s services and purchasing this Program, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that the 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 the Program. Client agrees that use of this Program is at user’s own risk.
- NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
- DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Hartford, Connecticut. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
- GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the Sate of Connecticut, regardless of the conflict of laws principles thereof.
- All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to sam (at) theelementofdesign (dot com).
- ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.