INSTITUTE FOR MASTERING SUCCESS, LLC ™
TERMS OF SALE AGREEMENT
This Terms of Sale Agreement (this “Agreement”) constitute a binding legal contract between you, the buyer (“Buyer” or “You”), and Institute for Mastering Success, LLC™, a California limited liability corporation (“Institute”) owns and operates instituteformasteringsuccess.com, personalizedprofessionaldevelopment.com, and systematizehumanize.com websites (the “Website”). Institute and Buyer shall also be known throughout this Agreement individually as the “Party” and collectively as the “Parties”.
SERVICES SOLD BY INSTITUTE ARE EXPRESSLY SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW. ANY DIFFERENT OR ADDITIONAL TERMS OR CONDITIONS IN BUYER’S PURCHASE ORDER OR SIMILAR COMMUNICATION ARE OBJECTED TO AND SHALL NOT BE BINDING ON INSTITUTE UNLESS AGREED TO IN WRITING BY AN INSTITUTE MANAGER. BUYER’S PAYMENT FOR THE SERVICES CONSTITUTES ACCEPTANCE OF INSTITUTE’S TERMS AND CONDITIONS.
You may place your order on the Website at any time (subject to any planned or unplanned periodic downtime).
SERVICE DESCRIPTION, REFUNDS, NO EXCHANGES: We attempt to describe the items offered on the Website as accurately as possible; however, we do not warrant that the descriptions or other content on the Website are accurate, complete, reliable, current or error-free. One-hundred percent (100%) refunds must be requested within the first seven (7) business days of the initial purchase in writing and emailed to education@InstituteforMasteringSuccess.com AND mailed to Institute for Mastering Success, attn: Membership Refund, 2710 Alpine, Blvd. Ste O-105 and post marked no later than seven (7) business days following the initial purchase. Refunds will be issued within thirty (30) business days of receipt of written request.
PRICE: Enrollment fees offered on the Website are quoted in U.S. Dollars. If the amount you pay for a service is obviously incorrect, regardless of whether it is an error in a price posted on the Website or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid. This policy will apply regardless of how the error occurred.
PAYMENT TERMS: Institute does not accept checks, drafts, or money orders for orders submitted through the Website. Payment is made by credit card and PayPal. We accept major credit cards. Upon placing an order, we will charge your credit card or PayPal account. You will bear all costs associated with a disputed credit card charge, which results in action from Institute’s merchant account provider, otherwise known as “chargebacks”. If all or part of any scheduled payment is ten or more calendar days late, you agree that Institute may charge you a late fee of twenty dollars ($20).
PROFESSIONALS CIRCLE, PREMIUM PROFESSIONALS CIRCLE, LEADERSHIP, EXCELLENCE, PROSPERITY, SUCCESS, EXECUTIVE SUITE, AND PREMIUM EXECUTIVE SUITE MONTH-TO-MONTH MEMBERSHIP AUTO-RENEW AND CANCELLATION: These monthly memberships are auto-renewable. This membership automatically continues on a month-to-month basis at the market rate of the membership at the time of renewal until either Party cancels the membership in writing. You may only cancel membership without cost at the end of the agreed-upon purchase membership of four (4) months term. If a member cancels membership during initial four (4) months, the member is subject to a penalty fee of either twenty-five percent (25%) of the remaining four (4) months dues or two-hundred dollars ($200.00), which ever is greater. Cancellations by Buyer require 10 calendar days written notice to education@InstituteforMasteringSuccess.com OR mailed to Institute for Mastering Success, attn: Membership Cancellation, 2710 Alpine, Blvd. Ste O-105 and are effective 10 calendar days after the written notice is received by Institute. Payments due prior to the effective date will be charged as scheduled.
TOOLKIT AND PREMIUM TOOLKIT ANNUAL MEMBERSHIP AUTO-RENEW AND CANCELLATION: These memberships are auto-renewable. This membership will automatically continue on a month-to-month basis at the market rate of the membership at the time of renewal until either Party cancels the membership in writing. You may only cancel membership without cost at the end of the agreed-upon purchase membership of twelve (12) months term. If a member cancels membership during initial twelve (12) months, the member is subject to an early termination fee of ninety percent (90%) of the remaining twelve (12) months. Cancellations by Buyer require 10 calendar days written notice to education@InstituteforMasteringSuccess.com OR mailed to Institute for Mastering Success, attn: Membership Cancellation, 2710 Alpine, Blvd. Ste O-105 and are effective 10 calendar days after the written notice is received by Institute. Payments due prior to the effective date will be charged as scheduled.
100% SATISFACTION GUARANTEE: We stand behind our work. If after completing not more than two months of your membership including completion and submission of each month’s accountability form or goal achievement form, you can request in writing one-hundred percent (100%) of your money back if you are not satisfied. Guarantee requests by Buyer require written notice to education@InstituteforMasteringSuccess.com OR mailed to Institute for Mastering Success, attn: Membership Guarantee, 2710 Alpine, Blvd. Ste O-105 and are effective 10 calendar days after the written notice is received by Institute. Guarantee refunds will be issued within thirty (30) business days of receipt of written request.
SAFE SHOPPING AND SECURITY: Please view Your Privacy Rights, which describes our security procedures. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than fifty dollars ($50) of fraudulent charges on your credit card. Check with your bank for more information about its policies regarding fraudulent charges. In the event of unauthorized use of your credit card, you may have to notify your bank or credit card provider or otherwise fulfill certain conditions of your agreement with them.
LIMITATION OF LIABILITY: Institute’s liability on any claim for loss or damage arising out of this contract or from the performance or breach thereof, or connected with any services supplied hereunder, or the sale, of those services, whether based on contract, warranty, tort (including negligence), strict liability, or other grounds, shall not exceed the fee paid for such services. This limitation of liability reflects a deliberate and bargained-for allocation of risks between Institute and Buyer and constitutes the basis of the parties’ bargain, without which Institute would not have agreed to the price or terms of this contract. INSTITUTE SHALL NOT IN ANY EVENT BE LIABLE whether as a result of breach of contract, warranty, tort (including negligence) or other grounds FOR
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES including, but not limited to, loss of profits or revenue, cost of substitute services, downtime costs, including Attorney’s fees and costs. If Institute furnishes Buyer with advice or other assistance regarding any services supplied hereunder, and which is not required pursuant to this contract, the furnishing of the advice or assistance will not subject Institute to any liability, whether based on contract, warranty, tort (including negligence) or other grounds.
YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST INSTITUTE ARISING OUT OF YOUR PURCHASE OR USE OF THE SERVICES ORDERED VIA THE WEBSITE.
INDEMNIFICATION: YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS INSTITUTE FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF ANY SERVICES PURCHASED VIA THE WEBSITE.
FORCE MAJEURE: Institute shall not be liable for failure to deliver or for delay in delivery or performance due to: (i) a cause beyond its reasonable control; (ii) an act of God, act or omission of Buyer, act of civil or military authority, governmental priority or other allocation or control, fire, strike or other labor difficulty, riot or other civil disturbance, insolvency or other inability to perform; or, (iii) any other commercial impracticability. If such a delay occurs, performance shall be extended for a period equal to the time lost by reason of delay.
ASSIGNMENT OR DELEGATION: Buyer shall not assign or delegate any or all of its duties or rights hereunder without Institute’s prior written consent.
WAIVER, CHOICE OF LAW, AND DISPUTE RESOLUTION: The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of California, United States of America.
GENERAL: All orders are subject to acceptance by Institute. Any representation, affirmation of fact and course of dealing, promise or condition in connection therewith or usage of trade not incorporated herein, shall not be binding on either party. If any provision hereof shall be unenforceable, invalid or void for any reason, such provision shall be automatically voided and shall not be part of this agreement and the enforceability or validity of the remaining provisions shall not be affected thereby.
© Copyright 2013 Institute for Mastering Success, LLC ™, Inc. All Rights Reserved.