PURCHASE TERMS OF SERVICE
Last updated 11/16/23
WELCOME TO COLOR THEORY CONFIDENCE
2. REFUND POLICY
We want you to be satisfied with your purchase and offer a 30-day money-back guarantee refund period for Color Theory Confidence.
In the event that you decide your purchase was not the right decision for you or your business, within 30 days of course delivery, contact our team at [email protected] and let us know you’d like a refund.
We will NOT provide refunds more than 30 days following the date of course delivery. After day 30, all payments are non-refundable and you are responsible for full payment of the fees for the course regardless if you complete the course.
If you have any questions or concerns, please let us know by contacting us directly at [email protected] .
You agree to make every attempt to file for a refund prior to attempting a chargeback with Your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all of Our bonuses or other materials afforded to You in exchange for Your original purchase of Our Offering. We reserve the right to present proof of Your access and these Terms and Conditions of Use to the financial institution investigating the dispute.
If You have signed up for a payment plan, You hereby authorize Our continued access to Your financial information stored by Our third-party financial processing company referenced in this Agreement until Your payment plan is complete, as set forth in Your acceptance of the purchase terms upon checkout.
REVOCATION OF ACCESS
Except as otherwise provided herein, You have the unilateral right to terminate Your use and access to any of Our Offering(s). Please send an email to [email protected] to initiate this process. Termination will not excuse You of further payment. Upon confirmation of Your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and You agree to be responsible for any additional charges, fees, or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.
3. INTELLECTUAL PROPERTY
You understand and agree that the Program contains proprietary information and materials, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement, and sound recordings, (collectively, the “Program Content”) including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement embodied in the Program that are owned by Amy Nicole Floral LLC DBA The Floral Coach®, Bouquet Bootcamp®, and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Program Content, including any sharing or social media sites, is considered stealing and an infringement of our intellectual property rights, and Amy Nicole Floral LLC DBA The Floral Coach®, will prosecute such misconduct to the fullest extent permitted by law.
Amy Nicole Floral LLC DBA The Floral Coach, provides you with the Program solely for your own personal, noncommercial use, and you agree that you will not use any of the Program Content in any way whatsoever except for use in compliance with this Agreement. You will not use any Program Content in a manner that constitutes an infringement of Amy Nicole Floral LLC DBA The Floral Coach®’s rights or that has not been authorized by Amy Nicole Floral LLC DBA The Floral Coach®. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Program Content. You may, however, from time to time, download and/or print one copy of individual pages of the Program Content for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.
By using the products/the Program, you understand and are aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference, imitate, or replicate Amy Nicole Floral LLC DBA The Floral Coach®, the Program, or the Program Content, or infringe on any of Amy Nicole Floral LLC DBA The Floral Coach®’s or its licensors’ intellectual property in any way. All copyrights, trademarks, and other intellectual property rights in and to the Program and the Program Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by Amy Nicole Floral LLC DBA The Floral Coach® and/or its licensors, which reserve all of their rights, title, and interest in law and equity. THE USE OF THE PROGRAM, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF AMY NICOLE FLORAL LLC DBA THE FLORAL COACH® AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
If, in our sole discretion, you create any derivative works that reference, imitate, or replicate any of our resource guides, the Program, elements of the Program, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference, we will notify you in writing to the email address you provide at checkout. You will have seven (7) calendar days to remove any such infringing content. If you fail to comply with our request for removal within the required time frame, you expressly agree and understand that you will be liable for a $1000 penalty for every 7 day period that you fail to remove the content. If, after twenty-one (21) calendar days, you have failed to remove the offending content, you agree to pay $3000. If, after twenty-eight (28) calendar days, you have still failed to comply, you expressly agree to pay a penalty of $4000, or appear in court in Fairfax County, Virginia.
The trademarks, service marks, and logos of Amy Nicole Floral LLC DBA The Floral Coach® (the “Amy Nicole Floral LLC DBA The Floral Coach® Trademarks”) used and displayed in the Program are registered and unregistered trademarks or service marks of Amy Nicole Floral LLC DBA The Floral Coach®. Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the trademark as part of a link to or from any site is prohibited unless the establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Amy Nicole Floral LLC DBA The Floral Coach® Trademarks inures to our benefit.
4. THIRD-PARTY MATERIALS AND WEBSITES
Amy Nicole Floral LLC DBA The Floral Coach® may provide links to third-party materials and websites as a convenience to you. These links are provided solely as a convenience to you and not as an endorsement by Amy Nicole Floral LLC DBA The Floral Coach® of the contents on such third-party sites, and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Amy Nicole Floral LLC DBA The Floral Coach® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that Amy Nicole Floral LLC DBA The Floral Coach® will not be liable for your improper use of third-party materials and websites. Any affiliate links that are linked on the site will be clearly marked; however, we encourage you to reach out with any questions you may have regarding affiliate links. Company marks (whether or not registered) may not be used for any reason without written permission. You agree not to register, operate, or lease any domain with a confusingly similar name to any such mark without permission of us.
5. REPRESENTATIONS AND WARRANTIES
THE PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PROGRAM. WE’VE TAKEN REASONABLE EFFORTS TO ENSURE THAT WE ACCURATELY REPRESENT OUR PROGRAMS AND THEIR ABILITY TO HELP YOU GROW YOUR BUSINESS. HOWEVER, AMY NICOLE FLORAL LLC DBA THE FLORAL COACH DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS OR EARN ANY MONEY USING ANY OF OUR PROGRAM, IDEAS, TOOLS, STRATEGIES, OR RECOMMENDATIONS, AND NOTHING ON OUR WEBSITES OR IN OUR PROGRAM IS A PROMISE OR GUARANTEE TO YOU OF FUTURE EARNINGS.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PROGRAM IS AT YOUR SOLE RISK. BY PURCHASING THE PROGRAM, YOU ACCEPT, AGREE, AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT WE OFFER NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES (EXPRESSED OR IMPLIED) REGARDING YOUR EARNINGS, BUSINESS PROFITS, MARKETING PERFORMANCE, AUDIENCE GROWTH, OR RESULTS OF ANY KIND. YOU ALONE ARE RESPONSIBLE FOR YOUR ACTIONS AND BUSINESS, WHICH ARE DEPENDENT ON PERSONAL FACTORS INCLUDING, BUT NOT NECESSARILY LIMITED TO, YOUR SKILL, KNOWLEDGE, ABILITY, DEDICATION, BUSINESS SAVVY, NETWORK, AND FINANCIAL SITUATION, TO NAME JUST A FEW. YOU ALSO UNDERSTAND THAT ANY TESTIMONIALS OR ENDORSEMENTS BY OUR CUSTOMERS OR AUDIENCE REPRESENTED IN OUR PROGRAM, PROGRAMS, WEBSITES, CONTENT, LANDING PAGES, SALES PAGES, OR OFFERINGS HAVE NOT BEEN SCIENTIFICALLY EVALUATED BY US, AND THE RESULTS EXPERIENCED BY INDIVIDUALS MAY VARY SIGNIFICANTLY. ANY STATEMENTS OUTLINED IN OUR PROGRAM, WEBSITES, PROGRAMS, CONTENT, AND OFFERINGS ARE SIMPLY OUR OPINIONS AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE.
LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) AMY NICOLE FLORAL LLC DBA THE FLORAL COACH, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, SUCCESSORS, OR ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OF THE PROGRAM OR PURCHASES HEREUNDER; AND (II) YOUR DIRECT DAMAGES SHALL BE LIMITED TO THE FEES YOU PAID FOR THE APPLICABLE PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
6. ADDITIONAL TERMS AND CONDITIONS
- GOVERNING LAW. The Parties have entered into this Agreement in the State of Missouri and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the State of Missouri, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the State of Missouri, and that venue of any action will be located in the Greene County, Missouri.
- BINDING EFFECT. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise.
- TERMINATION. Amy Nicole Floral LLC DBA The Floral Coach is committed to providing all customers with a positive experience. If you fail, or Amy Nicole Floral LLC DBA The Floral Coach suspects that you have failed, to comply with any of the provisions of this Agreement, Amy Nicole Floral LLC DBA The Floral Coach, in its sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to the Program and/or your participation in program without refund; and/or (b) terminate this Agreement. Your obligations to Amy Nicole Floral LLC DBA The Floral Coach® under this Agreement will survive expiration or termination of this Agreement for any reason.
- MODIFICATIONS AND AMENDMENTS. Amy Nicole Floral LLC DBA The Floral Coach® reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your access and use of the Program. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Program will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on Amy Nicole Floral LLC DBA The Floral Coach®’s website or you may be notified by either email or postal mail. If you have any questions, please contact us directly at https://thefloralcoach.com/course-contact.
- INDEMNIFICATION. To the extent permitted by applicable laws, both Parties agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expenses whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.
- BINDING ARBITRATION. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF MISSOURI, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
- EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of Amy Nicole Floral LLC DBA The Floral Coach®’s intellectual property rights and confidential and proprietary information by you, Amy Nicole Floral LLC DBA The Floral Coach® will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Amy Nicole Floral LLC DBA The Floral Coach® may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in Fairfax County, Virginia, United States of America for purposes of any such action by Amy Nicole Floral LLC DBA The Floral Coach.
- ENTIRE AGREEMENT, COMPLIANCE WITH LAW, WAIVER. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third-party beneficiary. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail. If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.