THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR SERVICES (AS DEFINED HEREIN), YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN SERVICES FROM POLITICAL BUSINESS INSTITUTE, LLC (PBI) (AS DEFINED HEREIN) IF YOU (A) DO NOT AGREE TO THESE TERMS, OR (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH CAMPAIGNS & ELECTIONS.
WHEREAS, PBI is engaged in this business of management consulting and coaching services; and
WHEREAS, Client desires to engage PBI to provide business coaching services to Client in the form of Webinars, Audio and/or Visual Presentations, and personal coaching and evaluation;
NOW, THEREFORE, the Parties agree as follows:
SECTION 1: Membership and Program Fees
- Programs: Under the terms of this Agreement PBI agrees to provide business coaching services to Client in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation (“Program(s)”) in exchange for a Program Fee. Program Fees
will be determined according to paragraph 1.2. below. Your access to such Programs is made conditional on payment of such Program Fee.
- Term: The Term of this Agreement will commence upon Client’s acceptance of this Agreement and payment of the applicable Program Fee. Client agrees and understands that upon commencement of the Term of this Agreement, Client will become enrolled in the eight-week Political Business Bootcamp Program.
- Termination: PBI may terminate this Agreement at any time in its discretion upon notice to Client. Paragraph 3.1. below shall survive termination of this Agreement, binding Client to Confidentiality in perpetuity.
- Program Fees: Program fees must be paid in accordance with the payment terms detailed in the invoice. In the event any payment is not rendered by its due date the Client shall pay to PBI a late fee equal to 5.0% of the amount owed for each thirty (30) day period the amount remains outstanding as well as attorneys’ fees and court costs if PBI takes legal action to collect amounts owing hereunder.
- Promotional Material: By accepting these terms and affirmatively seeking the benefits of membership in the Program(s) offered by PBI, Client affirmatively agrees and acknowledges that PBI may at any time reproduce and/or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, Client’s experience participating in such Program(s), including any specific results experienced by Client over the course of such participation. Client agrees and acknowledges that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program(s). Client further represents that any such statements or testimonials that you make shall be correct, accurate, and truthful.
- No Refunds: PBI abides by a strict no refund policy. By accepting the terms of this Agreement, Client agrees and understands that Client is foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by PBI. Client further acknowledges that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), Client is taking full responsibility for Client’s business success. Thus, Client agrees that Client will not request a refund.
SECTION 2: NO WARRANTIES
- Success not Guaranteed: By accepting the terms of this Agreement, Client agrees and understands that PBI provides Program(s) related to business coaching only and guarantees no specific results. Further, Client acknowledges that everyone’s success is different, and dependent on factors such as individual drive, dedication, and motivation. Any examples of income or testimonials are not meant as a promise or guarantee of earnings or success.
- Limited Liability: In no event will PBI be liable to Client or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if PBI has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
- Commitment to the Program. By accepting the terms of this Agreement, Client commits and agrees to faithfully execute all of the lessons, assignments, and course work in the Program(s) to the best of Client’s ability. Client further agrees to attend ALL scheduled Q&A and coaching sessions included as part of the Program. Client also acknowledges that creating results requires tremendous effort and Client is prepared and committed to faithfully make that effort.
SECTION 3: Confidentiality
- Confidentiality: Only authorized users, who have duly attained access to any Programs offered by PBI by personally agreeing to the terms of this Agreement are permitted use and participate with such Programs. Except as expressly authorized by this Agreement, Client shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
- Intellectual Property: Client acknowledges that any Audio and/or Visual Presentations, Documentation, and other elements of the System are the sole Intellectual Property of PBI under United States copyright, trademark and other intellectual property laws and international treaties. Client further acknowledges and agrees that, as between Client and PBI, PBI and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/ or Visual Presentations, Documentation, and other elements of the System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to Client herein, this Agreement does not grant Client any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the System, or any other intellectual property rights of PBI, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that PBI uses in connection with services rendered by PBI are marks owned by PBI. This Agreement does not grant Client any right, license, or interest in such marks, and Client shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
SECTION 4: Miscellaneous
- Non transferability: The rights and obligations under this Agreement are personal to Client. Client may not assign or transfer any rights or obligations under this Agreement.
- Indemnification: Client will, at Client’s own expense, defend, indemnify, and hold PBI, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
- Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between Client and PBI concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding Client may have had with PBI relating to the Program, whether oral or written.
- Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America and the Commonwealth of Virginia. The venue for any dispute shall be in the County of Fairfax.
- Attorneys’ Fees and Legal Expenses: If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party’s costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered.