Course Terms of Sale

By purchasing this course and accessing the related websites (collectively, the “Program”) from Marder Law, PLLC, an Arizona professional limited liability company (dba A Better Business: A Law Firm For Entrepreneurs) (“Company,” “we,” or “us”), you and the Company agree to the following Terms of Sale (“Terms of Sale”), without modification. These Terms of Sale apply to the purchase and sale of products and services through abetterbusiness.com and its subdomains (collectively, the "Website").

YOUR RIGHTS AND OBLIGATIONS

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. 

YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

NOT LEGAL ADVICE; NO ATTORNEY-CLIENT RELATIONSHIP

WHILE THE PROGRAM MAY BE TAUGHT BY A LICENSED ATTORNEY, IT COVERS ONLY GENERAL, PUBLICLY AVAILABLE INFORMATION, AND IS INTENDED TO BE USED FOR EDUCATIONAL PURPOSES ONLY.  USER ACKNOWLEDGES THAT THE PROGRAM AND ITS MATERIALS ARE NOT LEGAL ADVICE AND NO ATTORNEY/CLIENT RELATIONSHIP IS FORMED BY YOU TAKING THE PROGRAM OR DOWNLOADING THE MATERIALS. YOU SHOULD CONSULT AN ATTORNEY FOR LEGAL ADVICE ABOUT YOUR SPECIFIC SITUATION.  

ACCESS TO PROGRAM

The Program includes, but is not limited, to course content, written content, recorded video and audio content, and may include live and pre-recorded calls, and discussions in Program related forums (collectively, “Materials”).  

The Program and Materials may only be accessed by you - the customer on record with the Company. You agree that the Program and Materials, including any usernames or passwords, may only be used by you as permitted herein and may not be sold or distributed without the Company’s express written consent.

Your access to the Program may be revoked for failure to abide by these Terms of Sale or for failure to make timely and full payments to the Company for your purchase of the Program.

RESTRICTIONS ON USE OF MATERIALS

Unless otherwise noted, all Materials, including, but not limited to, articles, images, illustrations, designs, icons, photographs, videos and audio files that are part of the Program (collectively, the "Content") are protected by copyright and owned, controlled or licensed by Company. You will not use the Program or Materials in a manner that constitutes an infringement of the Company’s rights or that has not been authorized by the Company. The use of the Company’s Program or Materials, except as permitted herein, is strictly prohibited and infringes on the intellectual property rights of the Company and may subject you to civil and criminal penalties, including possible monetary damages, for infringement on the Company’s intellectual property rights.

No Content from the Program may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way; provided, however, you may download, where specifically permitted, one copy of the Content on any single computer for your personal, non- commercial use only, provided you keep intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly prohibited without prior permission from Company. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, sell, distribute, duplicate, lease, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Program or Materials in any manner or medium (including by email or other electronic means).

ACCOUNT CREATION

In order to use the Program, you will be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you provide will always be accurate, correct and up to date.  Your registration is also subject to the separate terms and conditions and privacy policy of our Website host platform, Kajabi. 

PAYMENT FOR PROGRAM

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. You agree to make timely and full payments to the Company for the Program (regardless of whether you selected to pay for the Program in full or with a payment plan). The full amount for the Program is due to the Company even if you choose not to complete the Program.

You authorize Company to automatically charge the credit card on file for any and all Program balances owed and you agree to keep this information current and up-to-date with the Company. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order. If any payment is insufficient or declined for any reason, Company may revoke your access to the Program, without refund.

REFUND POLICY

Within 30 calendar days of the Program Start Date, you may request a refund of the amount you paid for the Program.  The “Program Start Date” is defined as the first day the Company provided you access to the Program. To be eligible for a refund, you must demonstrate that you have watched all modules of the Program, as evidenced by Company’s back-end course management platform (Kajabi).

To request a refund, please contact [email protected]. Requests for refunds will not be honored 30 calendar days after the Program Start Date and any outstanding balance owed to the Company for the Program must be paid in full to be eligible for a refund. 

CUSTOMER SUPPORT

Email support for the Program will be available at [email protected].

CUSTOMER FEEDBACK

You agree that the Company has the right to use your feedback whether in the form of emails, surveys, comments, discussions in Program related forums, coaching calls, or otherwise, for the purposes of marketing or promoting the Program.

RELEASE

You agree that the Company may use any images, audio recordings or video recordings of you obtained while enrolled in the Program. You waive any right to payment, royalties or any other consideration for the use of such images, audio recordings or video recordings. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which you, your heirs, representatives, your estates have or may have by reason of this authorization.

NO CONFIDENTIALITY

You understand that if you participate in any community or group portions of the Program, such as live calls or forums that are part of this Program, information provided or shared with the Company or other participants, whether in the form of comments, discussions in Program related forums, coaching calls, webcasts, or otherwise are not confidential. 

LAWFUL PURPOSES

To access or use the Program, you must be at least eighteen (18) years old and have the requisite power and authority to enter into these Terms of Sale. You may use the Program for lawful and legitimate purposes only. You agree to be financially responsible for all purchases made by you. You shall not post or transmit through the Program any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

REFUSAL OF SERVICE

We reserve the right to refuse access to the Program to any person or entity, without the obligation to assign reason for doing so. We may at any time change or discontinue any aspect or feature of the Program, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. We reserve the right to immediately remove you from the Program without refund if you violate these Terms of Sale.

ERRORS, INACCURACIES, AND OMISSIONS

Information provided about or in the Program or Materials is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free.  Company disclaims all liability for any inaccuracy, error or incompleteness in the Program or Materials.

RELATIONSHIP OF THE PARTIES

You agree that Company is acting as an independent contractor and that no partnership or joint venture is created between us.

DISCLAIMER

The Company gives no warranties with respect to any aspect of the Program or any materials related thereto or offered in connection with the Program and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability.

By purchasing the Program, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your legal compliance or any business results. The Company does not guarantee that you will get any results using any of our Materials, and nothing in our Program is a promise or guarantee to you of such results.

The contents of the Program and Materials are for informational purposes only and do not constitute legal advice; they are not intended to be a substitute for legal advice about your specific situation.

THIRD PARTY RESOURCES

The Program or Materials may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS) ARISING OUT OF OR RELATING TO THESE TERMS OF SALE OR THE TRANSACTIONS IT CONTEMPLATES (WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHER FORM OF ACTION) AND IRRESPECTIVE OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, YOU AGREE COMPANY HAS NO LIABILITY WHATSOEVER FOR ANY CIVIL OR CRIMINAL PENALTIES PAYABLE BY YOU AS A RESULT OF YOUR COMPLIANCE OR FAILURE TO COMPLY WITH ANY APPLICABLE LAWS OR AGREEMENTS.  IN NO EVENT WILL THE COMPANY’S LIABILITY EXCEED THE PRICE THE CUSTOMER ACTUALLY PAID TO THE COMPANY FOR THE PROGRAM.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Sale, or any use by you of the Program. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

GOVERNING LAW; VENUE

This Website is operated from the US. The Terms of Sale shall be governed by the laws of the State of Arizona, and any disputes arising from it must be handled exclusively in the County of Pima, Arizona.

RECOVERY OF LITIGATION EXPENSES

If any legal action or other proceeding is brought for the enforcement of the Terms of Sale, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Sale, the 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.

ENTIRE AGREEMENT; WAIVER

The Terms of Sale constitutes the entire agreement between you and the Company pertaining to the Program and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of the Terms of Sale by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.

CHANGED TERMS

We reserve the right to update our Terms of Sale at any time. Such amendments are effective immediately by us posting the new Terms of Sale on this Program website at abetterbusiness.com/course-terms. Any use of the Program by you after an amendment is made means you accept these amendments.

EFFECT OF HEADINGS

The subject headings of the paragraphs of the Terms of Sale are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

SEVERABILITY

If any term, provision, covenant, or condition of the Terms of Sale is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Sale shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

Nothing in these Terms of Sale, express or implied, will confer upon any person or entity not a party to these Terms of Sale, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of these Terms of Sale, except as expressly provided herein.

OUR PRIVACY POLICY

Please review our Privacy Policy located at abetterbusiness.com/privacy-policy.

 

Effective Date: October 20, 2024