Terms and Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING
You clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, checking the box which states “I agree to the Terms & Conditions”, entering your credit card information, or otherwise enrolling, electronically, or otherwise, shall be construed as your digital signature and voluntary acceptance of these terms. You (“Client”) agree to be provided with products, programs, or services by Tara Kimberly Contreras Perdomo (“Company”).
Occasionally Owner may, at its discretion, make changes to this Agreement. When Owner makes material changes to the Agreement, Owner will provide You with notice of these changes. Your continued use of the Services after the changes have been made will constitute your acceptance of the changes.
This legally binding agreement is entered into by and between You and the Company, subject to the following terms and conditions:
TERMS
Prior to Your use of any of the offerings provided by the Company and prior to your purchase and your request for any services herein, You are required to read, understand and accept these terms. Failure to read these terms and conditions does not absolve you of your responsibilities herewith.
Upon execution of this Agreement, electronically, verbally, or otherwise, the Coach agrees to provide services in accordance with the products, programs, and/or services (collectively known as the “Services”) as outlined on www.tarakimberly.com and/or any associated domains (collectively known as the “Website”).
The scope of Services rendered by the Coach pursuant to this Agreement shall be solely limited to those provided for on Coach’s Website and/or the Sales page associated with said Services.
Coach reserves the right to substitute Services equal to or comparable to the Services offered for Client if reasonably required by the prevailing circumstances.
Client agrees to be open, present and prepared to complete the work as a team together. Client is responsible for his/her own success and implementation of objectives met.
Depending on the Services purchased, some materials may be delivered through a membership site. The Client shall not damage the membership site or engage in any illegal or fraudulent activity and the Company reserves the right to remove the Client at any time.
Company provides Client with a single-user license authorizing Client to use the materials for their individual purposes only. Client shall not share, copy, distribute, disseminate, or sell the materials and/or any login information for either commercial or non-commercial purposes.
INTELLECTUAL PROPERTY RIGHTS
This Agreement does not transfer to you any intellectual property owned by “Website.” Unless otherwise stated, www.tarakimberly.com and/or its licensors own the intellectual property rights published on this Site and materials used on www.tarakimberly.com, including all text, images and logo.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event will “Website” be liable to any person for any indirect, incidental or consequential damages (including, without limitation, damages for lost profits, revenue, goodwill, use of content, impact on business, etc) however caused. These limitations of liability apply even if www.tarakimberly.com has been expressly advised of the potential loss.
DISPUTE RESOLUTION
Any disputes arising out of this Agreement shall be governed by laws of Clarksville, MD, US.
CHANGES & AMMENDMENTS
We reserve the right to modify this Agreement or its policies relating to the “Website” at any time, effective upon posting of an updated version of this Agreement on the “Website”. When we do, we will revise the updated date at the bottom of this page. Continued use of the “Website” after any such changes shall constitute your consent to such changes.
METHODOLOGY. Client agrees to be open minded to Coach’s methods and partake in services as proposed. Client understands that Coach has made no guarantees as to the outcome of the coaching sessions or Services provided. Coach may revise methods or parts of the Services based on the needs of the Client.
DISCLAIMERS. By participating in the Services, Client acknowledges that the Coach is not a medical doctor, psychologist, therapist, attorney, or financial advisor, and their services do not replace the care of other professionals. Coaching and/or consulting is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice.
The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, 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 or coaching provided.
The Coach may provide Client with third-party recommendations for such services as photography, business, health, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
Any testimonials, earnings, or examples shown through Coach’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular financial outcome based on the use of Coach’s programs and/or services. Client acknowledges that 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 use of Coach’s website, programs, products or services.
PAYMENT AND REFUND POLICY.
Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount.
To ensure compliance with payments under any Installment Plan, and before the Effective Date, You will provide Owner with Your necessary credit card information (“Account”). You authorize Owner to deduct the amounts due each month under any applicable installment plan from Your Account (“Auto Debit”). No prior notification will be provided to You for each Auto Debit. This authorization will remain in effect until the fees are paid in full. You agree to notify owner in writing of any changes in the Account information.
The Company does not offer refunds to ensure that clients are fully committed to the Program. There are no exceptions to the refund policy.
If Client selects a payment plan option, Client agrees to pay fees to the Coach according to the payment schedule set forth on Coach's website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”). Client shall pay for program in full.
The Client authorizes the Company to charge the credit card(s) at the time that charges are due and shall not require a separate authorization for each charge.
In the event Client fails to make any of the payments within a payment plan during the time prescribed, Coach has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, materials, and coaching calls.
In the case of an Auto Debit transaction being rejected for insufficient funds (“NSF”), You agree that Owner may at its discretion attempt to process the charge again within 30 calendar days of the failed attempt, and agrees to an additional $120 charge for each attempt returned NSF which will be initiated as a separate transaction from the authorized payment.
You certified that You are an authorized user of the Account and will not dispute the scheduled transactions with Your credit card company; provided the transactions correspond to the terms indicated herein.
The Client shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Company reserves the right to report the incident to all three credit reporting agencies as a delinquent account.
TERM & TERMINATION.
Term. The Term of this Agreement shall commence on the Effective Date (defined below) and shall end upon termination as described below.
Termination. You may terminate Your use of the Website at any time. Owner may terminate this Agreement, or suspend or terminate Your access to the Website, at any time, for any reason, if Owner suspects that You have violated any provision of this Agreement and Owner may seek any other available legal remedy. Your rights under this Agreement will terminate automatically if You breach any part of this Agreement or if You terminate Your use of the Website. You remain solely liable for all obligations related to use of the Website, even after You have stopped using the Website. If You are paying the Fees on an Installment Plan and have not paid the Fees in full at the time of termination, the Fees will become immediately due and payable in full at the time of termination of this Agreement.
INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of the Services, the Coach 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 Coach to the Client, nor grant any right or license other than those stated in this Agreement.
IF APPLICABLE: RECORDING AND REDISTRIBUTION OF CALLS. Client acknowledges that group coaching sessions and/or group calls may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the Coach.
RELEASE. Company may take photographs, videos, audio recordings, or other recordings during Services that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in the Services, Client is consenting to being recorded and photographed and to the use of Client’s likeness, writing, and voice in any media in perpetuity by Company for whatever purpose as Company sees fit.
NON-SOLICITATION.
Clients. During the Term hereof, and for two (2) years after the termination of this Agreement (“Restricted Period”), You shall not solicit or cause another to solicit for the others benefit, or for the benefit of any other person or entity, any client or potential client of Owner without first obtaining the written consent of Owner. The term “Client” shall refer to any individual, business or other entity who was doing business with Owner prior to the date You entered into this Agreement, or who was introduced to Owner by You after the date you entered into this Agreement; and the term “Potential Client” shall refer to any individual, business or other entity who or which was not, at the relevant time, an actual client of Owner but who or which, at such time, had disclosed Confidential Information to Owner regarding his/her/its programs or needs, or to whom or which a proposal for service had been made by Owner.
Employees. During the Term hereof and Restricted Period, You shall not solicit or cause another to solicit for the other’s benefit, or for the benefit of any other person or entity, any employee or independent contractor of Owner without first obtaining the written consent of Owner.
NON-DISPARAGEMENT. Client agrees, during and after participation in the Services, to refrain from making any statements, whether oral or in writing, that could be considered libelous, harassing, abusive, obscene, vulgar, sexually explicit, or is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or is unrelated to the company’s products or services; or is clearly false or misleading.
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.
DISCLAIMER OF WARRANTIES. The information, education, and coaching provided to the Client 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 deal, course of performance or trade usage.
LIMITATION OF LIABILITY. By using TARA KIMBERLY CONTRERAS PERDOMO'S services and purchasing these Services, Client accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. Client agrees that Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Services. Client agrees that use of these Services are at the Client’s own risk.
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 Miami, Florida 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.
ASSIGNMENT. This Agreement shall bind both Company and Client and their respective heirs, legal representatives, successors, and assigns. Client may not assign its rights under this Agreement as this program is non-transferable.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, regardless of the conflict of laws principles thereof.
ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
PHOTOGRAPH AND TESTIMONIAL RELEASE. The Client grants the Company the right, title and interest to share any and all reviews, DMs, communications, screenshots of communications, wins, testimonials or feedback in connection with the client's purchase and utilization of the digital products provided by the Company for the purposes of promoting and marketing the digital products across social media, advertisements, the Company's website, third party websites utilized by the Company, and to all the Company's current and future clients. The Client understands that they will not receive any compensation for the use of their likeness, testimonial, image, messages or words. The Company will make all reasonable efforts to conceal the identity of the Participant, unless express permission was granted by the Client to share their name and/or any identifying information.
If you have any questions about the Terms of Use, please contact Tara at admin@thetkg.com. Thank you.
