Terms of Service
TERMS OF PURCHASE AND SERVICE
Brianna Wilkerson T/A Made Well 345, LLC
By clicking “Buy Now,” “Purchase,” “Join Now,” 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 Brianna Wilkerson T/A Made Well 345, LLC
(“the Coach”), and you are entering into a legally binding agreement with the Coach, subject to the following terms of purchase:
1. TERMS.
a. Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the product, program, digital download, ebook, and/or course (collectively known as the “Product”) as outlined on Coach’s Website, Sales Page, or other point of purchase.
b. The scope of the Product rendered by the Coach pursuant to this Agreement shall be solely
limited to that contained therein and/or provided for on the Coach’s Website at
madewell345.com (“Website”) and course database at madewell345.vipmembervault.com as part of the Product.
2. PAYMENT AND REFUND POLICY.
a. Upon execution of this Agreement, User agrees to pay to the Coach the purchase amount as
stated on the website.
b. The Coach does not offer refunds.
c. If User selects a payment plan option, User agrees to pay fees to the Coach according to the
payment schedule set forth on Coach website, or otherwise provided to User, and the payment
plan selected by User (the “Fee”).
d. In the event User fails to make any of the payments within a payment plan on the agreed-upon due date, Coach 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), the Coach has the right to terminate the agreement.
3. DISCLAIMERS.
By purchasing or otherwise utilizing the Product, the User acknowledges that the Coach does not warrant the accuracy of any information provided, is not liable for any losses the User may suffer by relying on the Coach’s advice or information. The Coach makes no representation or warranty that the information provided within the Product, regardless of its source, is accurate, complete, reliable, current or error-free. The Coach disclaims all liability for
any inaccuracy, error or incompleteness in the Content.
By purchasing this Product, User acknowledges that the Coach cannot guarantee the outcome of services and/or recommendations within the Product and any comments about the outcome are expressions of opinion only. The Coach cannot make any guarantees other than to deliver information, education, and services purchased as described.
You acknowledge that the Coach has not and does not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of the use of the Coach’s Product. Testimonials, earnings, or examples shown on Coach’s website, programs, and/or services are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the
Coach’s Product.
Through use of the Product, the Coach may provide the User with information relating to services and/or other products that the Coach believes might benefit the User, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided.
See more details on the Disclaimer >>HERE<<.
4. INTELLECTUAL PROPERTY RIGHTS.
In respect of the Product sold as part of this Agreement, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Product whether finished or unfinished.
Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the User, nor grant any right or license other than those stated in this Agreement. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Product or intellectual property, in whole or in part without our prior written consent.
5. GOOD FAITH.
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
6. DISCLAIMER OF WARRANTIES.
The Product provided to the User by the Coach 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 a deal, course of performance or trade usage.
7. 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 PRODUCT. Additionally, BRIANNA WILKERSON T/A MADE WELL 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 COACH
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 THE COACH CUMULATIVE
LIABILITY TO YOU EXCEED $100.
8. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida in the United States, regardless of the conflict of laws principles thereof. Furthermore, all disputes not resolved first by good-faith negotiation between the parties to this Agreement shall take place in the State of Florida in the United States, or via telephone with attorneys or arbitrators. 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.
9. ENTIRE AGREEMENT.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
10. PRIVACY POLICY.
In order to protect your privacy, I have outlined what I will do with the personal information I collect, store and use from you. You can access the privacy policy >>HERE<<.