KBH SPEAKS LLC
TERMS OF PURCHASE
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 KBH Speaks 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 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 destinationlegal.com, thelegitcoach.com, or related subdomain (“Website”) as part of the Product.
(b) The User understands that an attorney-client relationship does not exist between the Company and the User by purchasing a product or service. At no time will the Company be acting as a personal or business attorney. The documents or services provided are not intended to be a substitute for legal advice. The Company is not responsible for ensuring contracts comply with User’s specific state law, although every effort to do so will be made. The User is advised to consult with a local attorney on any questions regarding a specific legal situation in his or her jurisdiction.
(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 or service 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) Company does not offer refunds but every effort will be made to ensure User is 100% satisfied.
(c) If User selects a payment plan option, User agrees to pay fees to the Company according to the payment schedule set forth on Company's website, or otherwise provided to User, and the payment plan selected by User (the “Fee”).
(d) 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.
(e) 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), Company has the right to terminate agreement and/or pursue legal action.
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. KBH Speaks 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.
4. 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. Written contracts or templates are for your individual use only and are granted as a single-user license. 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.
6. 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.
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 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.
8. 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 Sheridan, Wyoming 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.
9. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Sate of Wyoming, regardless of the conflict of laws principles thereof.
10. 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: March 2020