Terms of Purchase
By clicking “Submit” or "I Agree" emailing your statement of agreement, entering your credit card information, or by signing this agreement on this page or reverse, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with services by Spike Spencer d/b/a Spike Spencer International (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
No.1 - Terms of Service
Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to render services related to education by means of seminar, consulting, coaching, and/or business coaching (the “Program”). The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client. And, the scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the Program.
Coaching + Education
Parties agree that the Program is in the nature of coaching and education. Company reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
No.2 - FEES
Payment Schedule
Client agrees to pay fees to the Company according to the payment schedule set forth on Company’s website, or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).
Late Fees
Company shall charge a 10% (ten percent) first week late fee with 10% weekly increase every next week the fee is late on all outstanding balances not paid by the date or dates as agreed between the parties.
Payment Failure or Client Withdrawl
If Client fails to make payment in a timely manner in accordance with these Terms and Conditions or voluntarily decides to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, Client still will remain fully responsible for the full cost of the Programs, Products and/or Services.
No.3 - REFUNDS
Upon execution of this Agreement, Client agrees to pay to Company the full amount of the Fee. If Client cancels attendance at, or participation in, the Program for any reason whatsoever, Client will not be entitled to receive a refund. If Company is unable to render a portion of the Program as agreed and no suitable rescheduling is able to be arranged, then a refund of that portion only of the Program will be made to client.
Private Coaching
Client agrees to be on-time for private coaching appointments. Should Client not provide a 48-hour cancellation notice, client will be billed for the session and/or it will be deducted from Client's existing coaching package. Client is not entitled to a refund or a reschedule or make-up a session.
No.4 - CHARGEBACKS AND PAYMENT SECURITY
To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates agreed.
For Payment Plans
If Client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent.
Chargebacks + Credit Card Changes
Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
No.5 - NO RESALE OR TRANSFER
Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This Agreement is not transferable or assignable without the Company’s prior written consent, where such consent may be withheld at the Company’s absolute discretion.
NO.6 - CURRENCY
All transactions are made in USD. No adjustment for changes in foreign exchange rates will be made. Tax amount is determined by your province, city, state, and/or country.
NO.7 - DELIVERY
When Client purchases an electronic product or service from Company, Client are purchasing immediate and full access to the purchased product or service.
The shipping of any physical goods is processed through a third party fulfillment center. We therefore make no promise of guaranteed (express or implied) as the time of your product delivery.
Your item will be prepared for shipping within three business days. Typical delivery time can range from five to seven business days, depending on the ship-to address and other variables.
No.8 - INTELLECTUAL PROPERTY
Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and with a single-user, non-transferable, revocable license. Client agrees that he/she will not use any of the Company’s intellectual property, including without limitation the Company’s copyrighted and original materials, for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company.
This Site (www.SpikeSpencer.com) and all the materials contained, such as videos, coursework, lesson plans, training modules, photographs, systems, designs, wording, colors and graphics, software, sound recordings, text, graphics, images, and other material provided by or on behalf of of the Company (collectively referred to as the “Content”) are the property of the Company and/or our affiliates or licensors, and are protected under both United States and international copyright, trademark, and other intellectual property laws. For our Site Terms of Use, please refer here.
All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied by the enrollment or by the payment of any fees.
No.9 - LIMITATION OF LIABILITY
By enrolling in the Program and using Company’s services, Client releases Company, its officers, employees, directors, affiliates and related entities from any and all damages that may result from the provision of the services to the Client. Client agrees that he/she accepts any and all risks, foreseeable or nonforeseeable, arising from such services. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the provision of the services including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Client agrees that he/she uses Company’s services at Client’s own risk.
The Program is an educational/coaching service only.
In any event, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of:
- The total fees Client paid to Company in the one month prior to the action giving rise to the liability; and
- $1000.
All claims against Company must be lodged within 100 days of the date of the cause of action arising or otherwise the right of action is forfeited.
No.10 - DISCLAIMER
Client accepts that she/he alone is entirely and solely responsible for his/her decisions, actions and results in life, and specifically to her/his progress and results from the Program. Any forward-looking statements outlined by Company or in Company's Program and/or Sites are simply the opinion of the Company and are not guarantees or promises of actual performance. Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Client accepts and agrees that Company cannot control the Client’s responses to the provision of the services under this Agreement. Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all Clients will achieve the same or similar results.
No Professional Advice
Company offers no professional legal, medical, psychological or financial advice. The material should not be used as a substitute for professional medical treatment and/or diagnosis. Company encourages Client to always consult with a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Client agrees to be mindful of his/her own health and well being during the provision of any services and to seek appropriate medical treatment (including, but not limited to, psychotherapy) if needed.
Neither Company nor Company's partners, or any of their affiliates, assume any responsibility to research the accuracy, completeness, and usefulness of all opinions, services, and other information found on the site; nor will Company be liable for any direct, indirect, consequential, special, exemplary or other damages that may result from your use of the information found or material linked on the Site, including but not limited to economic loss, injury, illness, or death. By Client's use of the Site and participation and payment of Fees for the Program, Client agrees not to attempt to hold the Company liable for any such decisions, actions, or results, at any time, under any circumstances. Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.
No.11 PROGRAM RULES
To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to behave, at all times, courteously and respectfully, and in accord with our Terms of Agreement for Site Use. Client agrees to abide by any Course rules and/or regulations presented by Company. The failure to abide by Course rules and regulations shall be a material breach of this Agreement and therefore sufficient cause for immediate termination of this Agreement by Company.
In the event of such termination, Client shall not be entitled to refund of any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
No.12 - confidentiality
The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs. This does not include public comments on the Sites, in forums, on third-party sites, or those that are made in a group setting.
Company agrees not to disclose, reveal or make use of any Confidential Information of Client, during a discussion with Client, in a private coaching session with Company, or otherwise, without the written consent of Client. Throughout the Program, Company may make audio and video recordings may be made where Confidential Information is disclosed or revealed for the Client's learning and growth. These recordings will only be shared jointly between Company and the Client.
Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
Use of Course Materials
Client consents to audio and video recordings being made throughout the Program.
For information that is not classified as Confidential Information, Company reserves the right to use, at its sole discretion, course materials, video and audio recordings of courses, calls, live events, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client. Client consents to his/her name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further goods/services provided by Company, without compensation to the Client or need for further agreement by Client.
No.13 - TERMINATION
In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. Company shall be allowed to immediately collect all sums due from Client and to terminate this Agreement without providing further services to Client. In the event that Client is in arrears of payments to Company, Client shall not be permitted to use or receive any of Company’s services or to participate in any Program.
Company reserves the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and Client's access to all or any part of the Site, at any time and for any reason without prior notice or liability. Company reserves the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
No.14 - DISPUTES
In the event that a dispute arises between the Parties then the Parties agree and accept that they will negotiate in good faith to settle such dispute and Parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
Mediation
If, after a reasonable period of negotiation, the dispute is not settled then either party may commence further action with the help of a neutral, mutually agreed-upon mediator in the following location: Los Angeles County, California. Any costs and fees other than attorney fees associated with the the mediation will be shared equally by each of us.
JAMS
If mediation cannot resolve the Dispute, either Party may elect to finally and exclusively resolve the dispute by binding arbitration before a signal arbitrator with JAMS, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. Any Party may commence such arbitration by sending a written demand for arbitration to the other party. Such demand shall set forth the nature of the matter to be resolved by arbitration. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Los Angeles County, California. The Parties shall mutually select a neutral arbitrator with JAMS. If the Parties cannot agree upon an arbitrator, then one shall be settled by the applicable JAMS rules regarding the selection of an arbitrator. The substantive law of the State of California shall be applied by the arbitrator to the resolution of the dispute. All decisions of the arbitrator shall be final, binding, and conclusive on all parties. Judgement may be entered upon any such decision in accordance with applicable law in any court having jurisdiction thereof. Any court in Los Angeles, California may enforce the arbitrator’s award. Company may litigate in court to seek injunctive relief.
The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party.
No.15 - INDEMNIFICATION
Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, employees, subcontractors and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the service(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates, employees, subcontractors and successors.
Client shall defend Company in any legal actions or the like arising from or related to this Agreement where such action brought by a third party for or on behalf of Client. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates, employees, subcontractors and successors shall not be held personally, individually or collectively, responsible or liable for any actions or representations of the Company.
No.16- BINDING AGREEMENT
In the event of any conflict between the provisions contained in this Agreement and any materials used by Company, Company’s representatives, or employees, the provisions of this Agreement shall prevail.
This Agreement shall be binding upon and shall inure to the benefit of Company hereto and our respective assignees, successors, heirs, employees, partners, predecessors, members, officers, associates, affiliates, subsidiaries, shareholders, trusts, trustees, executors, transferees, directors, agents, and legal representatives. Nether this Agreement nor any rights hereunder may be assigned without the prior written consent of the Company. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Company to any affiliated entity or any of its wholly owned subsidiaries.
NO.17 - GOVERNING LAW
This agreement and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions.
No.18 - ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
No. 19 - SURVIVAL
The ownership, non-circumvention, dispute resolution, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination, for any reason, of this Agreement.
No.20 - SEVERABILITY
If, for any reason, any provision of this Agreement is held by a court of competent jurisdiction to be unlawful, invalid, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The remainder of this Agreement shall nonetheless remain binding and in full force and effect.
Company’s failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision of this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
This Agreement constitutes the entire Agreement between Client and Company with regard to the subject matter contained herein, and supersedes and replaces all previous or contemporaneous agreements, whether written or oral, between the parties. Each of the Parties acknowledges that no Party or any representative of a Party has made any promise, written or oral, other than those promises set forth in this Agreement. Each of the Parties represents and warrants that his or her execution of this Agreement is free and voluntary.
NO. 21- MISCELLANEOUS
Upon execution by purchasing, clicking, "Submit" and/or "I agree" or emailing a statement of agreement, or signing below, or on the reverse of this document, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of this agreement.
A facsimile, electronic, or e-mailed executed copy or acceptance of this Agreement upon purchasing, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.
The descriptive section headings herein are inserted merely for convenience of reference only and shall in no way be construed to define, limit, describe, explain, modify, amplify, or add to the interpretation, construction, or meaning of any provision of, or scope or intent of, and shall not be given any legal import.
This agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.