This Terms of Sale Agreement is a legally binding contract by and between Lindsay Ann Learning having a business address of P.O. Box 278, WASCO, IL 60183-0278 and Purchaser of Grading Reboot™ (“Purchaser”). Purchaser understands that they can contact LINDSAY ANN LEARNING at [email protected] to answer any questions or to explain this Agreement and the Refund Policy. The period of this Agreement begins on the date of purchase of Grading Reboot™ program.
1 – PAYMENT
I understand that I am responsible for paying LINDSAY ANN LEARNING in full for the GRADING REBOOT™ program (hereinafter called “Program”). Participant may lose access to either Program if payments are missed or full payment is not completed by the due date.
Purchaser shall: (i) pay LINDSAY ANN LEARNING at the current rates, and (ii) pay LINDSAY ANN LEARNING in full upon purchase or per the installment plan selected. LINDSAY ANN LEARNING reserves the right to place further services on hold until any outstanding balance is paid. If payment ceases for a period of 30 days, this Agreement will be cancelled. Your credit/debit card details are not handled by LINDSAY ANN LEARNING All payment and all credit card handling is through a third party. Authority for payment must be given at the time of placing your order.
2 – FEES
The fee for GRADING REBOOT™:
- 1 payment of $149 USD (due at time of purchase) for a standard membership.
- 3 monthly payments of $59 USD for a standard membership. If you select this Payment Plan, you will pay $59 at the time of purchase, $59 one month after the date of purchase, and $59 two months after the date of purchase for a total payment of $177. If you choose the Payment Plan option, you are responsible for a total of 3 payments.
PLEASE NOTE: This is NOT a monthly membership program with the option to cancel further monthly payments. The Payment Plan option simply provides the opportunity to split your payment up over the time periods indicated above.
3 – METHODS OF PAYMENT
If Purchaser elects to pay with installments, Purchaser authorizes LINDSAY ANN LEARNING to charge Purchaser’s credit card, debit card or PayPal account. If Purchaser elects to pay in FULL, Purchaser may pay by credit card, debit card, or PayPal. Purchaser must provide current, complete, and accurate billing and credit card information. Purchaser must promptly update all billing information (such as billing address, card number, and expiration date) to keep their account current, complete, and accurate, and must promptly contact LINDSAY ANN LEARNING if their credit card is lost or stolen, or if they become aware of a potential breach of account security (such as an unauthorized disclosure or use of their Sign-In Name or Password). Purchaser hereby authorizes LINDSAY ANN LEARNING to obtain or determine updated or replacement expiration dates for their credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card.If payment is not received from your credit card issuer or PayPal account , you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorneys’ fees and costs, on any outstanding balance.
In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
4 – REFUND POLICY
Your satisfaction with your Training Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Training Programs, Products and Services, you acknowledge that we do not offer refunds after 60 days from the purchase date for any portion of your payment for any of our Training Programs, Products, and Services. You must request a refund by emailing us at [email protected] within 60 days of your purchase. If you purchased a physical product that we shipped to you, you may be required to return the entire product back to us before we process your refund.
In order to be eligible for a refund of the GRADING REBOOT™ program, you must submit proof of work completed for Modules 1-3 on the date of your request in order to verify that you’ve put forth your greatest effort. You must also submit substantial evidence of having taken action on the recommendations that you were given. By using and/or purchasing any of our Training Programs, Products, and Services, you understand and agree that all sales are final after 60 days and no refunds will be provided for any reason thereafter.
All of the terms of this Terms and Conditions, including but not limited to all copyright, trademark, and intellectual property rights, remain indefinitely. GRADING REBOOT™ community (“Community”) is a social network in which personal information may be exchanged between participants. You are entirely responsible for deciding how much of your personal information you wish to share in the Community. LINDSAY ANN LEARNING (“Company”) will not share, sell, or rent the personal information of its members to third-party businesses, however, we cannot guarantee the confidentiality of any of the information you choose to share in the Community.
5 – CANCELLATION OR POSTPONEMENT
LINDSAY ANN LEARNING. reserves the right in its sole discretion to cancel GRADING REBOOT™ program before it begins. If LINDSAY ANN LEARNING cancels said program before it begins, Purchaser is entitled to a full refund of all paid program fees within 14 business days. If LINDSAY ANN LEARNING discontinues the program after it begins, Purchaser is entitled to a partial refund of the portion of the program that remains undelivered. Postponement by LINDSAY ANN LEARNING of a scheduled start date for any service, program, or course shall not entitle Purchaser to a cancellation of this Agreement. Purchaser will be guaranteed a reservation in the next scheduled start date for that program. LINDSAY ANN LEARNING reserves the right in its sole discretion to refuse or terminate your access to its Training Programs, Products, Services and/or Program Materials, Website, e-mail communications, or any other method of communications related to its Training Programs, Products or Services at any time without notice. Should Purchaser or LINDSAY ANN LEARNING wish to terminate the Training Programs, Products or Services at any time, these termination terms will apply to Purchaser as well, even after termination by either of us. In the event of cancellation or termination, Purchaser is no longer authorized to access the Training Programs, Products, Services or our Website, e-mail or any or other methods of communications affected by such cancellation or termination. The restrictions imposed on Purchaser with respect to Training Program Materials and the Training Programs, Products or Services, including but not limited to all of the disclaimers, limitations of liabilities and rights set forth in these Terms of Sale, shall survive such termination of Purchaser’s access and apply in full force.
6 – PARTICIPANT ACKNOWLEDGEMENT
This Agreement shall constitute the entire agreement between Purchaser and LINDSAY ANN LEARNING. Purchaser understands and agrees that this Agreement supersedes any prior or contemporaneous oral or written agreements or statements and may not be modified without the written consent of LINDSAY ANN LEARNING. Purchaser also understands that this Agreement constitutes a binding contract upon purchase of GRADING REBOOT™ program.
7 – USE OF RECORDINGS
Please note that coaching calls, webinars, or other audio or visual services may be recorded and can be used in the future by LINDSAY ANN LEARNING for business and promotional materials or in conjunction with the sale of any products or services unless you specifically request otherwise. If you would like to make such a request, please send an email to [email protected]
8 – CONFIDENTIALITY
As part of GRADING REBOOT™, Purchaser and LINDSAY ANN LEARNING agree to hold any Confidential Information received from the other in the strictest confidence. Purchaser also agrees to hold every other participants’ Confidential Information in the same strict confidence as required between LINDSAY ANN LEARNING and its GRADING REBOOT™ participants. Information shared in Facebook groups, on calls, in video conferences, or any other means shall be maintained as confidential.
9 – ACCESS TO PROGRAM MATERIALS and FACEBOOK GROUPS
Purchaser will have access to all materials for as long as the Program exists. In the event LINDSAY ANN LEARNING discontinues a Program, Purchaser will be given fair notice in order to have sufficient time to download any available content before the program ends. The private Facebook groups will remain open for as long as the corresponding Programs exist. LINDSAY ANN LEARNING reserves the right to close any Facebook group at a later date. LINDSAY ANN LEARNING also reserves the right to transfer the private Facebook group into a paid option at the end of the program.
10 – NO GUARANTEE OF RESULTS
PURCHASER EXPRESSLY AGREES THAT THEIR USE OR INABILITY TO USE THE GRADING REBOOT™ PROGRAM IS AT PURCHASER’S SOLE RISK. The content of GRADING REBOOT™ is for informational purposes only. By purchasing participation in either of the Programs you accept, agree and understand that you are fully responsible for your progress and results and that we offer no representations, warranties or guarantees verbally or in writing regarding your results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, network and financial situation, to name just a few. You also understand that any testimonials or endorsements by our clients, customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
11 – INTELLECTUAL PROPERTY
By accepting this Agreement, Purchaser acknowledges and agrees that all content presented within GRADING REBOOT™ is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of LINDSAY ANN LEARNING and/or its Affiliates.You are only permitted to use the content as expressly authorized by LINDSAY ANN LEARNING or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content or information from GRADING REBOOT™ program in any form or by any means without prior written permission from LINDSAY ANN LEARNING or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available within. Any unauthorized use of the materials referred to may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
12 – GENERAL INFORMATION AND UNDERSTANDINGS
LINDSAY ANN LEARNING warrants that it has the right to provide the GRADING REBOOT™ program, and will use all reasonable skill and care in making it available to Purchaser and in ensuring its availability. Because of the nature of the internet, errors and omissions do occur and LINDSAY ANN LEARNING does not give any other warranties in respect of the GRADING REBOOT™ program. LINDSAY ANN LEARNING is continually seeking to improve the GRADING REBOOT™ program. LINDSAY ANN LEARNING reserves the right, at its discretion, to make changes to any part of GRADING REBOOT™ that do not materially reduce their content or functionality.
13 – REPRESENTATIONS AND WARRANTIES
Each party warrants that: (i) This Agreement has been duly and validly executed and delivered and constitutes a legal, valid, and binding obligation, enforceable against either party in accordance with its terms; (ii) They have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform their obligations under this Agreement, without the approval or consent of any other party; and (iii) They have sufficient right, title, and interest in and to the rights granted in this Agreement. LINDSAY ANN LEARNING warrants that the Services will be performed in a professional manner in accordance with recognized industry standards. To the extent Services provided are advisory, no specific result is assured or guaranteed. LINDSAY ANN LEARNING EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (BY ANY TERRITORY OR JURISDICTION) TO THE EXTENT PERMITTED BY LAW, AND FURTHER LINDSAY ANN LEARNING EXPRESSLY EXCLUDES ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY TO THE EXTENT PERMITTED BY LAW.
14 – LIMITATION OF LIABILITY
MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT OR CONTRACT, SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY PURCHASER FOR THE SERVICES, COURSE OR PRODUCT FROM WHICH THE CLAIM AROSE. IN NO EVENT SHALL LINDSAY ANN LEARNING BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST DATA OR LOST PROFITS, HOWEVER ARISING, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.
15 – INDEMNIFICATION
You agree to indemnify and hold harmless LINDSAY ANN LEARNING and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from your breach of this Agreement. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding. You will immediately notify LINDSAY ANN LEARNING of any current, impending, or potential legal action against it by a third party for matters relating to email, email complaints, email deployment, and violations of CAN-SPAM. LINDSAY ANN LEARNING reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the indemnifying party hereunder.
16 – ASSIGNMENT
Neither party may assign its rights or obligations under this Agreement to any party, except, that the assignment to a third party who obtains all or substantially all of the business or assets of a party shall be permitted subject to the reasonable consent of the other party (i.e. the non-assigning party).
17 – GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and interpreted in accordance with the laws of the State of ILLINOIS without regard to the conflicts of laws and principles thereof. Jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement, shall be only in a federal or state court having subject matter jurisdiction located in KANE COUNTY, ILLINOIS.
18 – DISPUTE RESOLUTION
It is hoped that should we ever have any differences, we could be able to work them out amicably through a phone conversation or e-mail correspondence. However, should a dispute arise, any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of the State of ILLINOIS and agrees that those courts have personal jurisdiction over each party; (iii) venue will be in KANE COUNTY, ILLINOIS; and (iv) the parties will submit the dispute to mandatory mediation held in KANE COUNTY, ILLINOIS or through an online mediation service agreed upon by all parties. If the parties cannot agree on a mediator, then any party may apply at any time to the presiding judge of the Kane County Court of Common Pleas or applicable Federal Court for the appointment of a mediator, and the judge’s selection is binding on all parties. The parties will share equally (50/50) in all costs of the mediation, including the mediator’s fees, but each party is solely responsible for its own attorneys’ and experts’ fees. The mediation process will be completed within 4 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 4-month period, then the parties may continue seeking to resolve the dispute via any process, including litigation by trial. In no event shall LINDSAY ANN LEARNING be liable for any consequential, punitive or multiple damages of any kind.
19 – FORCE MAJEURE
Neither party shall be liable for any failure to perform its obligations under this Agreement if prevented from doing so by a cause or causes beyond its control, including without limitation, acts of God or public enemy, failure of suppliers to perform, fire, floods, storms, earthquakes, riots, strikes, war, and restraints of government.
20 – GENERAL
(a) Parties may not amend or waive any provision of this Agreement unless in writing and signed by both parties. (b) This Agreement represents the entire agreement between the parties, and shall supersede all prior agreements and communications of the parties, oral or written. (c) The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. (d) If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect. (e) The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
21 – CONTACT INFORMATION
If you have any questions or concerns, please contact LINDSAY ANN LEARNING by email at [email protected] The Parties hereby agree to all of the above terms and have executed this Agreement by a duly authorized officer, agent or representative by digitally agreeing to these Terms of Sale.