- TERMS OF SALE
By placing this order, purchaser (“I” & “me”) is : (i) offering to purchase this product/program (“Program”); (ii) representing that I am of legal age to form a binding contract; and (iii) representing that all of the information that I have provided here in connection with such purchase is true and accurate, and that I am an authorized user of the payment method provided.
I understand and agree that Tadimi Group (“Seller”) reserves the right to refuse or revoke my purchase for any reason whatsoever. Additionally, in the event that an incorrect price is listed, either due to a typographical or other error, Seller shall have the right to refuse or cancel any purchase placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if my account has already been charged for the purchase and the order is cancelled, Seller will credit my account in the amount of the incorrect price that was charged.
- PROGRAM TUITION AND PAYMENT
I understand and hereby agree that Program tuition and payments are strictly NON-REFUNDABLE.
- REFUND POLICY AND PAYMENT(S) DISPUTES
(a) Refund Policy
I understand and hereby agree that all sales are final, and no refunds shall be issued for any reason whatsoever. Additionally, I waive any rights to charge-back this purchase with my credit card processor.
(b) Payment Cancellation Dispute
In the event that I cancel any credit card payments, or any payments of any method used by me, this agreement may be immediately terminated by Seller, and Seller reserves the right to dispute such cancellation and pursue me for monies owed to Seller due to such payment cancellation. Additionally, Seller may also declare acceleration. I agree that, regardless of whether I am ultimately successful in any payment cancellation dispute, I am liable to pay Seller for services rendered as of the time of the cancellation request at an hourly rate of $500 per hour for all time spent in participating in Program. In such event, Seller will provide me with an itemization of hours spent within a reasonable time upon my request, and payment will be expected, due, and payable in full within 10 days from the date such itemization is provided to me. If I do not pay for such hourly work upon Seller’s demand and within 10 days, Seller reserves the right to initiate an action in court for breach of contract, regardless of the previous outcome of any payment cancellation dispute. Additionally, if Seller is successful in any credit card cancellation dispute, Seller reserves the right to pursue me for the costs Seller has incurred in disputing or defending such payment cancellation, including but not limited to the lost business profits in the form of time Seller and its representatives spent handling such dispute, at Seller’s hourly rate of $500 per hour, in addition to any litigation fees, including attorney fees, incurred by Seller.
In the event that I miss a payment, or if I attempt to terminate this agreement prior to satisfaction of any outstanding balance of Program tuition, Seller may declare all amounts past due as well as all future payments and amounts yet due to Seller under this agreement to be immediately due and payable. Upon declaration of acceleration, all amounts will become immediately due and payable to Seller, and I agree and herby authorize Seller to charge my method of payment on file for all amounts declared due and payable to Seller.
- OWNERSHIP OF MATERIALS
Seller shall retain the creative rights to all original materials, data, and similar items produced by Seller hereunder in connection with Program under this agreement. All services and software used by Seller shall at all times be the sole property of Seller, and under no circumstances shall I have any interest in or rights to the title to such materials or software. I acknowledge that Seller may use and modify existing materials for any reason and without notice, and that I hold no rights to such materials.
- PROPRIETARY INFORMATION AND USE OF MATERIALS
(a) Except as provided elsewhere in this agreement, all information disclosed by Seller to me shall be deemed to be confidential and proprietary (“Proprietary Information”). Such Proprietary Information includes, but not limited to, information regarding marketing, sales programs, sales volume, sales conversion rates, sales methods and processes, sales proposals, products, services, vendors, customer lists, training manuals, sales scripts, telemarketing scripts, names of investors, and customer information, operating procedures, pricing policies, strategic plans, intellectual property, information about either party’s employees, and other confidential or Proprietary Information belonging to or related to either Seller’s affairs. I acknowledge and agree that in any proceeding to enforce this agreement, it will be presumed that the Proprietary Information constitutes protectable trade secrets, and that I will bear the burden of proving that any portion of the Proprietary Information was publicly or rightfully known and disclosed by me. I, my employees, subsidiaries, affiliates, agents, and assigns agree to hold all Proprietary Information, regardless of when or how disclosed, in strict confidence and with not less than the same degree of care that I provide for my own confidential and proprietary information. I warrant and represent that the degree of care contemplated herein is adequate and I will take any and all steps reasonably necessary to preserve such Proprietary Information.
(b) Portfolio Release
I agree that Seller has the right to use materials created pursuant to this agreement for Seller’s portfolio, samples, self-promotion, including advertising for Seller’s business, including, but not limited to, Facebook, Instagram, LinkedIn, Twitter, YouTube, or any other social media platforms. In the event I wish to exclude some specific materials from the release under this paragraph, or to limit the time period of such release, Seller and I may expressly agree to such limitation in writing.
Seller and I acknowledge that the Proprietary Information exchanged is valuable and unique and that disclosure in breach of this agreement will result in irreparable injury to Seller, for which monetary damages, on their own, would be inadequate. Accordingly, I agree that Seller shall have the right to seek an immediate injunction enjoining any such breach or threatened breach of the Agreement.
- LIMITATION OF LIABILITY
Seller shall not be liable for any incidental, consequential, indirect or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or nonperformance of services. I agree that, in the event Seller is determined to be liable for any such loss, my sole remedy against Seller is limited to a refund of payments made by me for said services, less expenses paid to subcontractors or to third parties. Seller is not responsible for errors which result from faulty or incomplete information supplied to Seller by me. Client also agrees to not seek damages in excess of the contractually agreed upon limitations directly or indirectly through suits by or against other parties. Seller shall not be liable to me for any costs, damages, or delays due to causes beyond its control, expressly including, but not limited to, unknown site characteristics, changes in policies, or changes in terms of services.
- GOVERNING LAW; VENUE; INTERPRETATION
This agreement shall be construed in accordance with, and governed by, the laws of the State of Louisiana applied to contracts that are executed and performed entirely in Louisiana. The exclusive venue for any court proceeding based on or arising out of this Agreement shall be Miami, Florida.
- 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 to by law.
- STIPULATED(LIQUIDATED) DAMAGES
I hereto acknowledge and agree that any amounts payable for damages resulting from any disputes arising out of this agreement constitute stipulated (liquidated) damages and not penalties. I further acknowledge that: (i) the actual amount of loss or damages likely to be incurred by Seller is difficult to precisely estimate; (ii) the amounts specified in such subsections bear a reasonable proportion and are not plainly or grossly disproportionate to the probable loss likely to be incurred by Seller in connection with any failure by me to perform his or her obligations under this agreement. I further agree that failure to consult with counsel prior to entering this agreement is not a defense to enforcement of this entire agreement and all clauses contained herein.
- NO GUARANTEE
I understand that Seller does not warrant or guarantee any specific level of performance or results. Examples of results obtained for other clients by Seller may be used as a marketing tool and shown to me for demonstrative purposes only and should not be construed by me as indicating any promised results or level of results.
I agree that communication is to be via email only, and the email address for such communication is [email protected]. Seller’s office hours are 9am-3pm EST Monday-Friday. Seller typically responds to emails within 48 hours, excluding weekends and standard holidays, when applicable.
- ENTIRE AGREEMENT
This agreement is the final, complete, and exclusive agreement of Seller and me. No modification of or amendments to this agreement shall be effective unless express, in writing, and signed and executed by both parties.
If any provision of this agreement shall be held to be illegal, invalid, or unenforceable, such provision shall be fully severable, and this agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this agreement. Thus, the remaining provisions of this agreement shall remain in full force and effect.