TERMS OF PARTICIPATION
By purchasing this product you (the “Client”) agrees to the follow:
Sarah Noked OBM agrees to provide Program, “The OBM Certification” (the “Program”) identified in 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 Sarah Noked (herein referred to as “Consultant”), is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, 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.
The fee for the Program are the following four options: 1 payment of $4,000 USD (due today) or 3 monthly payments of $1,500 USD or 6 monthly payments of $750 USD. If you select the any of the monthly payment option, you will pay the first installment today, $1500 USD or $750 USD. Each month following for an additional 2/5 months from the date of purchase, you will pay an installment of $1,500/$750 USD for a total payment of $4,500 USD. If you choose to pick this option, you are responsible for all 3 payments unless a refund is requested according to the terms further outlined below. Please note that if you choose the 3 payment option, the Consultant retains the right to suspend access to any program if payments are not made as they are due. Further, if at any time if there is a past due payment, access to the program will be temporarily restricted until the account is in current financial standing. Each monthly invoice only indicates the payment and balance due for the current month listed on that individual invoice, and does not reflect the ongoing or remaining balance for the account. Should you have any account questions you can email firstname.lastname@example.org at any time.
METHODS OF PAYMENT
If Client selects to pay by monthly installments, Client authorizes the Consultant 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.
The Consultant respects Client’s privacy and insists that Client respects the Consultant’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 Consultant 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. Participants agree to be contacted through the methods and details provided at the time of registration on matters regarding, but not limited to: program details, new offers, balances due and collections; unless otherwise requested by the consumer. 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 Consultant’s publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Consultant’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party Consultant 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 you agree that if you violate or display any likelihood of violating this session the Consultant 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
Course 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 Consultant’s intellectual property for Client’s business purposes. All intellectual property, including Consultant’s copyrighted program and/or course materials, shall remain the sole property of the Sarah Noked. No license to sell or distribute Consultant’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 Consultant is confidential and proprietary, and belongs solely and exclusively to the Consultant, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Consultant. 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 Consultant 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. Consultant 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. Consultant 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 Consultant to perform its obligations under this Agreement, the Consultant’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
LIMITATION OF LIABILITY
Client agrees they used Consultant’s services at their own risk and that Program is only an educational service being provided.
Consultant may modify terms of this agreement at any time.
Consultant is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Consultant may, at her 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 Consultant 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 Consultant. Client will still be liable to pay the total contract amount.