TERMS OF PARTICIPATION
Please READ Carefully. By purchasing this product or the Program you (hereby referred to as “Client”) agree to the follow terms stated herein.
GOsustainably LLC, which also does business as DigiVino, herein referred to as “Company” agrees to provide “GO-U” (herein referred to as “Program”) and/or Web Services identified in the Company website and online commerce shopping cart. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
Client understands Pamela Snyder, (herein referred to as “Consultant,”) founder of Company and Program, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, astrologer, fortune teller or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
There are four options for the Program. Each option has a unique price and some come with additional “bonus” material and/or services. These are the fee options: 1 payment of $997.00, due today; 12 monthly payments of $97.00; or 1 payment of $1,887.00, due today. If Client selects the 12 monthly payments, Client will pay the first installment today, and $97.00 each month for an additional 11 months from the date of purchase, for a total payment of $1,164.00. If Client selects this option, Client is responsible for all 12 payments unless a refund is requested according to the terms further outlined below.
There are four options for Web Services. Each option has a unique price and scope of work. These are the Company’s DigiVino Web Services options: The Dr.Digi Jr product gives up to 6 hours of basic web maintenance and website content changes: $359.00 per month. Unspent hours may roll over during the year purchased to be used in a later month. The Dr.Digi product gives up to 15 hours of basic web maintenance and website content changes: $599.00 per month. The Safety First product gives up to 4 hours per month for a monthly website backup, malware scan and software update and allows for content change requests and minor website edits if additional time remains: $199.00 per month.
For website maintenance and content updates described in the above paragraph, Client may post tasks on the dedicated Basecamp project management website provided by the Company to the client for this purpose and the Company will complete the work with in the time allotted in the number of hours purchased. Unspent hours may roll over during the year purchased, to be used in a later month. Examples of work requests include the following four options: (1) Website development and maintenance: Website edits or additions, plug in installation, simple integrations such as WordPress, Weebly or Wix; security updates or malware scans. (2) Email campaign management: Email template building/editing; list segmentation or sequential email automation. (3) Social Media Management: Simple social media video production, social media profile enhancement, or social media post automation setup or copywriting. (4) Search engine optimization (SEO): basic web page and landing page optimization or keyword research. Advanced engineering, major copywriting projects or top-tier design are not options for basic web services under these monthly retainers.
METHODS OF PAYMENT
If Client elects to pay by monthly installments, Client authorizes the Company to charge Client’s credit card or debit card. If Client elects to pay in FULL, Client may pay by credit card or debit card.
PROGRAM REFUND POLICY
Company wants Client to be satisfied with the Program purchase. Company also want Client to demonstrate her or his best effort to apply all of the strategies in the course. We offer a 14-day refund period for purchases. In order to qualify for a refund, Client must submit proof that she or he did the work in the first and second modules of the Program and attended the first and second trainings. Please note, if Client selects the 12 payment option, we are not able to stop payments without a refund request being submitted.
In the event that Client decides Program purchase was not the right decision, immediately after the 14th day of enrollment, and prior to receiving the third module, contact Company support team at [email protected] and request a refund from Company by the 15th day at 11:59 PST. Client must include completed coursework for the first two modules with request for a refund. If Client requests a refund and does not include completed coursework by the 15th day, Client will not be granted a refund.
The completed work must be submitted to [email protected] with a request for a refund. Client must include ALL of the following items completed by the Client:
- GO-U campaign planner
- All associate documentation
- Social media 1 minute video
- Notes from the live sessions
- A live link to Client’s campaign landing page
We will NOT provide refunds more than 15 days following the date of purchase. After day 15, all payments are non-refundable and Client is responsible for full payment of the fees for the program regardless if Client completes the program.
Please note: If Client opted for a payment plan and does not request a refund within 15 days, with the required coursework at the time of refund request, Client is required by law to complete the remaining payments of payment plan.
All refunds are discretionary as determined by Company. To further clarify, we will not provide refunds after the 15th day from date of purchase and all payments must be made on a timely basis. If payments are not made on time, Client agrees to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
If Client has any questions or problems, please let Company know by contacting our support team directly. The support desk can be reached at: [email protected]
The Company respects Client’s privacy and insists that Client respects the Company’s and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Participants during Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product Client agrees that if Client violates or displays any likelihood of violating this session the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
NO TRANSFER OF INTELLECTUAL PROPERTY
Company’s Program is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any program materials.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
LIMITATION OF LIABILITY.
Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrolment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials. Client also understand that any testimonials or endorsements by our 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.
Web Hosting and Services. If and when Company utilizes third party product and service providers to provide the web services and hosting described in the Statement of Work, at no time is Company making any representation or warranty regarding any third party’s products or services, nor will Company be liable to Client or any third party for any claims arising from or in connection with such third party products and services. Client hereby disclaims and waives any rights and claims against Company with respect to third party products and services, to the maximum extent permitted by law.
Integration / Migration. If this project involves integration (i.e.: via API) and/or data migration with third-party tools (such as social networks, conferencing tools, point of sale systems, content management systems, software platforms, or otherwise), Company will do its best to mitigate against any mishap. However, Company cannot be held responsible for limitations or shortcomings when working with third party tools, other vendors, or the integration/migration with these vendors or tools. Company will notify Client via email and suggest an alternative solution if issues arise.
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
Client may not assign this Agreement without express written consent of Company.
Company may modify terms of this agreement at any time. All modifications shall be posted on the DigiVino’s website and purchasers shall be notified.
Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in DigiVino Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge DigiVino and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.
RESOLUTION OF DISPUTES.
If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: [email protected] This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, United States of America.
Every effort has been made to accurately represent this product and its potential.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, nor have they been reviewed tested or certified by Facebook.
There is no guarantee that Client will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich scheme.”
Any claims made of actual earnings or examples of actual results can be verified upon request. Client’s level of success in attaining the results claimed in our materials depends on the time Client devotes to the program, ideas and techniques mentioned, Client finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee Client’s success or income level. Nor are we responsible for any of Client’s actions.
Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. Client can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining actual results and no guarantees are made that Client will achieve results similar to ours or anybody else’s, in fact no guarantees are made that Client will achieve any results from Company ideas and techniques in Company’s Program or material.
Our Minimum Guarantee
Unless otherwise noted, all products come with an 14 day guarantee. Longer conditional guarantees may apply, so check the sales material at the time of order for details.
If Client does not understand or agree with any of these conditions, Client must not order the Program. If Client requires further clarification, Client must contact [email protected]