TERMS OF SERVICE – SERVICES FULFILLMENT POLICY
We at AMAZING AT HOME (“AMAZING AT HOME”, “we”, “our”, or “us”) are excited to help you, the participant (“you”, “your”, or “participant”), operate your e-commerce business through coaching, courses, events and e-commerce store services. The following terms apply when you purchase courses, event tickets or services from us. Please review the following terms and conditions carefully. By purchasing courses, event tickets or services from us, you signify your agreement to these Terms of Service. If you do not agree to these Terms of Service, you may not participate in AMAZING AT HOME courses, events or services.
From time to time during the Term of this Agreement, either party (as the “Disclosing Party”) may disclose or make available to the other party (as the “Receiving Party”) information about its business affairs, products, services, confidential intellectual property, trade secrets, third-party confidential information and other sensitive or proprietary information, whether orally or in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” (collectively, “Confidential Information”). Confidential Information shall not include information that, at the time of disclosure: (i) is or becomes generally available to and known by the public other than as a result of, directly or indirectly, any breach of this Agreement by the Receiving Party or any of its representatives; (ii) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (iii) was known by or in the possession of the Receiving Party or its representatives before being disclosed by or on behalf of the Disclosing Party; (iv) was or is independently developed by the Receiving Party without reference to or use, in whole or in part, of any of the Disclosing Party’s Confidential Information; or (v) is required to be disclosed under applicable federal, state or local law, regulation or a valid order issued by a court or governmental agency of competent jurisdiction. The Receiving Party shall: (A) protect and safeguard the confidentiality of the Disclosing Party’s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (B) not use the Disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (C) not disclose any such Confidential Information to any person or entity, except to the Receiving Party’s representatives who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under the Agreement. The Receiving Party shall be responsible for any breach of provision caused by any of its representatives. On the expiration or termination of the Agreement, at the Disclosing Party’s written request, the Receiving Party shall promptly return, and shall require its representatives to return to the Disclosing Party all copies, whether in written, electronic or other form or media, of the Disclosing Party’s Confidential Information, or destroy all such copies and certify in writing to the Disclosing Party that such Confidential Information has been destroyed. In addition to all other remedies available at law, the Disclosing Party may seek equitable relief (including injunctive relief) against the Receiving Party and its representatives to prevent the breach or threatened breach of this section and to secure its enforcement.
Publicity Waiver and Release
When you participate in recorded interviews, testimonials or photographed events during the course of your participation in our programs (excluding private one on one coaching sessions or consultations in relation to services), you hereby permit, authorize, grant, and license to AMAZING AT HOME, the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use your name, image, likeness, and all materials created by or on behalf of AMAZING AT HOME, that incorporate any of the foregoing (“Materials”), in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, on any platform, for the purposes of advertising, public relations, publicity, packaging, and promotion of AMAZING AT HOME, without further consent from or royalty, payment, or other compensation to you.
AMAZING AT HOME desires to use and publicize your name, likeness, and other personal characteristics for advertising, promotion, and other commercial and business purposes. In exchange for the intangible value you will gain by participating in AMAZING AT HOME’S publicity programs and other good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge, you give AMAZING AT HOME permission for such use and publicity for such purposes, according to the terms and conditions set forth in this provision.
AMAZING AT HOME shall be the exclusive owner of all rights, including copyright, in the Materials. You hereby irrevocably transfer, assign, and otherwise convey to AMAZING AT HOME your entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. You acknowledge and agree that you have no right to review or approve materials before they are used by AMAZING AT HOME, and that AMAZING AT HOME has no liability to you for any editing or alteration of the materials or for any distortion or other effects resulting from AMAZING AT HOME’S editing, alteration, or use of the materials, or AMAZING AT HOME’s presentation of you. Any credit or other acknowledgment of you, if any, shall be determined by AMAZING AT HOME in AMAZING AT HOME’S sole discretion. AMAZING AT HOME has no obligation to create or use the materials or to exercise any rights given by these Terms of Service.
To the fullest extent permitted by applicable law, you hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from AMAZING AT HOME’S exercise of its rights under these Terms of Service or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and whether resulting in whole or in part by the negligence of AMAZING AT HOME or any other person, and you covenant not to make or bring any such Claim against AMAZING AT HOME, and forever release and discharge AMAZING AT HOME from liability under such Claims. You understand that AMAZING AT HOME is relying on these Terms of Service and will incur significant expense in reliance on this Agreement, and you agree that these Terms of Service cannot be terminated, rescinded, or modified, in whole or in part.
You represent and warrant to AMAZING AT HOME that you have full right, power, and authority to enter into these Terms of Service and grant the rights hereunder.
These Terms of Service are binding on and inure to the benefit of AMAZING AT HOME and our respective heirs, executors, administrators, legal representatives, successors, and permitted assigns.
THESE TERMS OF SERVICE PROVIDE AMAZING AT HOME WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING CONCEPT TO LAUNCH TO PUBLICIZE AND COMMERCIALLY EXPLOIT YOUR NAME, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AS SET OUT ABOVE. BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE AMAZING AT HOME.
About AMAZING AT HOME COURSES AND EVENTS
AMAZING AT HOME provides courses and hosted events to teach business people how to make the most of their products.
Course and Event Participants
As a condition of your participation in a course, you warrant that:
* you are at least 18 years of age
* you possess the legal authority to create a binding legal obligation;
* all information supplied by you is true, accurate, current and complete;
* you will inform such other persons about the Terms of Service that apply to the courses or event tickets you have purchased on their behalf, including all conditions and restrictions applicable thereto;
* you will prepare appropriately for the courses or events by familiarizing yourself with the course materials and supporting documentation provided by AMAZING AT HOME;
* you will respect the course itinerary as scheduled (or as adjusted by your instructors);
* you will familiarize yourself with, and abide by, the laws of the jurisdiction in which your courses or events take place;
* you will follow considerate social behavior and respect to other course or event participants;
AMAZING AT HOME may contract with independent contractors to provide, instructor services, and/or all other related course services. We assume no responsibility, however caused, for injury, loss, or damage, to person or property in connection with any service provided by an independent contractor, or resulting directly from the following majeure or events beyond our control, including, but not limited changes by any other independent contractor services.
Changes to Course Itinerary and Materials
We reserve the right to make reasonable changes in the course itinerary and materials to provide the best experience for our course participants.
Full payment is required before the start date of courses, events, consultation calls, or services. All payments are processed in the United States and to be received in USD.
Your payment will be honored per reservation cancellation guidelines outlined below.
Some banks and credit card companies impose fees for international or cross border transactions. In addition, some banks and card companies impose fees for currency conversion. If you have any questions about these fees or the exchange rate, please contact your bank.
If You Cancel Your Course or Service Registration
The participant understands that once they receive login information and have access to the course they are NO LONGER ELIGIBLE FOR ANY REFUNDS as proprietary information has been accessed for this course.
AMAZING AT HOME does not give any refunds, No refunds or credits are given for unused services.
If We Cancel a Course or Service
AMAZING AT HOME reserves the right to cancel any course or service where the minimum number of participants is not met. In this case a full refund of the fees advanced will be given. Note however, AMAZING AT HOME is not responsible for exterior expenses incurred by you in preparing for the course or service.
We also reserve the right to cancel all or a portion of a course or service for circumstances beyond our control and, in the event of such cancellation, full or partial refunds, if any, will be at AMAZING AT HOME’s sole discretion.
Other Situations in Which Your Participation in a Course or Service May Be Cancelled
Subject to the fees’ schedule provided above, if you are entitled to a refund of any pre-paid course or service fees, you may elect to: (1) receive reimbursement of the applicable fees; or (2) use the pre-paid course or service fees as credit for a future course or service. If you elect to use the pre-paid fees as a credit, you will be responsible for paying the difference between the original price and the current price. Furthermore, any credits must be used within two years of the cancellation date of your original course or service.
Disclaimer of Warranties
AMAZING AT HOME courses and events are for educational purposes only, and AMAZING AT HOME does not guarantee that you or your business endeavors will be successful and/or garner monetary returns. As with any business endeavor, there is a financial risk in pursuing business relationships relating to your participation in the courses or events.
YOU ACCEPT AMAZING AT HOME SERVICES ARE PROVIDED “AS IS,” WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AMAZING AT HOME HAS NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
Applicable Law, Forum & Attorney’s Fees
These Terms of Service are governed by and shall be construed in accordance with the laws of the state of Washington, without any reference to its choice of law rules. You agree that any dispute arising from these Terms of Service or in any way associated with the courses or events shall be brought in the Superior Court of Bexar County, Texas, or in the U.S. District Court for the State of Texas, and you agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforceability of this agreement is contested, you agree that the prevailing party will pay all attorney’s fees and costs of the parties seeking to uphold the agreement.
You have fully informed yourself of the contents of this agreement by reading it before signing it. No oral representations, statements or other inducements to sign this agreement have been made apart from what is contained in this document.