These terms and conditions (these “Terms”) for goods and/or services (each good and/or service, a “Product”) offered by Goddess to Go, Inc. and/or any of its affiliates, including but not limited to The Party Goddess, Inc. and Marley Majcher (together, the “Company” or “we/us”), are the only terms that govern the provision of the Product to the participant (“you” or “your”) named on the forgoing payment form (together with these Terms, the “Agreement”). This Agreement comprises the entire agreement between the parties, and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.
- Company shall provide the Product to you as described in the payment form in accordance with this Agreement. You authorize the Company to process an initial deposit for the Product (with the specific amount listed in the Payment Information Form as indicated therein) by (i) charging the credit or debit card you have provided, (ii) accepting your cash payment or (iii) depositing your personal check. Once your initial deposit (or full Product payment, if you pay in full) has been received and cleared in immediately available funds, the Company will send you all of the details for the Product. Any initial deposits are non-refundable and therefore will not be returned under any circumstances.
- The full fee for the Product as set forth in the payment form is due to the Company upon your execution of this Agreement. While the Company may offer various payment plans for the Product, you are responsible for full payment of fees or costs for the Product upon your execution hereof. To that end, no refunds will be issued for fees paid and all payments (monthly or otherwise) must be paid on a timely basis. If you select a payment plan, you are required to pay your installment payments by debit or credit card and the Company will process your installment payments via your selected credit or debit card on the dates indicated in the payment form. All late payments shall bear interest at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. You will reimburse the Company for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees. After any payment due hereunder is more than 5 days late, the Company will have the option to terminate its services or delivery of its goods and all fees will become immediately payable to the Company.
- The Company is committed to providing all of its participants in its coaching programs and other service-related Products (each a “Coaching Program”) with a positive experience, and therefore, your participation and behavior toward other participants and the Coaching Program in general is critical for a successful experience for everyone. The Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate your participation in a Coaching Program without refund or forgiveness of remaining payments if you become disruptive, if you fail to follow the Coaching Program guidelines, or if you impair the participation of Coaching Program instructors or participants in the Coaching Program. Further, if the Company’s performance of its obligations under this Agreement is prevented or delayed by any of your acts or omissions, the Company will not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges or losses sustained or incurred by you, in each case, to the extent arising directly or indirectly from such prevention or delay.
- The Company respects your privacy and requires all participants to respect the privacy of fellow Coaching Program participants. You agree not to violate the publicity or privacy rights of the Company or any Coaching Program participant. The Company respects your confidential and proprietary information ideas, plans, and trade secrets (collectively, “Confidential Information”) and requires all participants to respect the same rights of fellow Coaching Program participants and of the Company and any associated Coaching Program coaches and/or facilitators (together “Coaches”). You agree (1) not to infringe upon any Coaching Program participants or the Coaches or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights, (2) that any Confidential Information shared by Coaching Program participants or any representative of the Company is confidential and proprietary, and belongs solely and exclusively to the participant or representative who discloses it and (3) not to disclose such Confidential Information to any other person or use it in any manner other than in discussion with other Coaching Program participants during Coaching Program sessions. You agree that, if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph, the Company and/or the other Coaching Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations. Legal action may be taken if any libelous remarks are made in regards to the Company, the Coaches or the Coaching Program.
- All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product and other materials that are delivered to you under this Agreement or prepared by or on behalf of the Company in the course of delivering the Product (collectively, the “Deliverables”) shall be owned by the Company. The Company hereby grants to you a license to use all Intellectual Property Rights free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicenseable, fully paid-up, royalty-free and perpetual basis to the extent necessary to enable you to make reasonable use of the Deliverables and the Product. You agree to indemnify, defend, and hold harmless the Company, its partners, officers, employees and agents from and against any and all liabilities, claims, losses, lawsuits, judgments, and/or expenses including reasonable attorney fees, asserted or claimed and arising out of, either directly or indirectly, (i) your use of the Deliverables and the Product and (ii) your participation in a Coaching Program.
- The Company has made every effort to accurately represent the Product and its potential for you. The testimonials and examples used in the Company’s marketing materials are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including his or her background, dedication, desire, and motivation. You acknowledge that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that you will earn any money as a result of your participation in the Product. FURTHER, THE COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCT, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
- IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. FURTHER, IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO THE COMPANY PURSUANT TO THIS AGREEMENT.
- The Company may amend this Agreement, in its sole discretion, at any time by sending you a revised version to your attention at the address you provide in your Application. If any portion of this Agreement is found to be invalid or unlawful, the remainder of the Agreement will continue to be enforceable. Failure to enforce any right under this Agreement will not be construed to be a waiver of that right, or of damages, caused thereby. This Agreement will be governed by and interpreted pursuant to the internal laws of the State of California, USA, excluding any laws regarding the choice or conflict of laws. Any litigation concerning this Agreement or any aspect of the relationship between you and the Company created by this Agreement will be submitted to and resolved exclusively by a court of competent jurisdiction in the city of Los Angeles, in the State of California. Provisions of this Agreement, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement.