TERMS OF PURCHASE FOR ONLINE COURSES AND TRAINING
LEAN SMARTS LLC
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“User”) agree to be provided with products by Lean Smarts LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following Terms of Purchase:
(a) Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to provide services in accordance with the product, program, digital download, and/or online course (collectively known as the “Product”) as outlined on Company’s Website, Sales Page, or other point of purchase. The scope of the Product rendered by the Company pursuant to this Agreement shall be solely limited to that contained therein and/or provided for on Company’s Website at leansmarts.com or related subdomain (“Website”) as part of the Product.
(b) The User understands that a consultant-client relationship does not exist between the Company and the User by purchasing a product. At no time will the Company be acting as a personal or business consultant unless a separate engagement letter is signed by the User.
(c) The scope of services rendered by Company pursuant to this Agreement shall be solely limited to those contained therein and provided for on Company’s website as part of the specific product purchased.
(d) By purchasing a product you will also be added to the Company’s email list.
2. PAYMENT AND REFUND POLICY
(a) Upon execution of this Agreement, User agrees to pay to the Company the purchase amount as stated on the Website.
(b) You acknowledge that Company reserves the right to charge for any portion of Company’s Services and to change its fees from time to time at its discretion. You acknowledge that Company online subscriptions are recurring and will automatically renew at the end of your subscription period. You may cancel your subscription at any time, and it is your responsibility to cancel your subscription within your account profile or by contacting Company by email or phone before your account automatically renews. No refunds will be issued after purchase or account renewal.
(c) Credit Card Authorization. Each party hereto acknowledges that Company will charge the credit card chosen by the User on the dates and for the amounts specified upon purchase and as included in this Agreement.
(d) In the event User fails to make any of the payments within a payment plan on the agreed upon due date, Company has the right to immediately disallow participation by User until payment is paid in full, including disallowing access to the Product. If User does not commence within seven (7) days, Company has the right to terminate agreement and/or pursue legal action.
3. LIMITED LICENSE
Company grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
The Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Lean Smarts LLC disclaims all liability for any inaccuracy, error or incompleteness in the Content.
You are advised to have any document you receive through this Website or its programs or services, reviewed by an attorney within your jurisdiction. Although care is taken in preparing products and services, The Company cannot be help responsible for any errors or omissions and The Company accepts no liability for any loss arising from use.
Any testimonials, earnings, or examples shown through Company’s website, programs, and/or services are only examples of what may be possible for User. There can be no assurance as to any particular outcome based on the use of Company’s programs and/or services. User acknowledges that Company has not and does not make any representations as to the future income, expenses, or potential profitability or loss of any kind that may be derived as a result of use of Company’s website, programs, products or services.
5. INTELLECTUAL PROPERTY RIGHTS
Any written product, template, or other document included is proprietary, copyrighted and developed specifically for Company. You agree that such proprietary material is solely for your own personal use. Any disclosure to a third party is strictly prohibited. No license to sell or distribute Company’s materials is granted or implied. Further, you agree that if you violate, or display any likelihood of violating, any of the agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations. In respect of the documents specifically created for the User as part of this Agreement, the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Service Provider to the User, nor grant any right or license other than those stated in this Agreement.
The Parties agree and accept that the only venue for resolving 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 User nor any of User’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, affiliates, subsidiaries, employees, agents or representatives.
7. DISCLAIMER OF WARRANTIES
The Products provided to the User by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
8. LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, THE COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY CUMULATIVE LIABILITY TO YOU EXCEED $100.
9. DISPUTE RESOLUTION
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Knoxville, Tennessee or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) 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 decree in equity, as circumstances may indicate.
You hereby agree to indemnify, defend and hold Lean Smarts LLC and all of our officers, managers, employees and partners harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by Lean Smarts LLC in connection with any claim, including any liability or expense arising from all claims of every kind and nature arising out of your use of Website, the materials that you submit to Website, or your violation of the rights of any other person or entity.
11. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Sate of Tennessee, regardless of the conflict of laws principles thereof.
12. ENTIRE AGREEMENT
Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
Updated: December 2020