TERMS & CONDITIONS
This Terms of Purchase Agreement (the “Agreement”), is made by and between Cami Monet and ElisaAnne Calligraphy, known as Biz Birthday Bash, (hereafter known as “Company”), and you (hereafter known as “Purchaser”, and collectively, the “Parties”).
By purchasing a Product (as defined below) from Company, Purchaser agrees to the following terms:
Biz Birthday Bash provides the purchaser with an A-Z Directory Membership (herein referred to as the “Product”). Purchaser agrees to abide by all policies and procedures as outlined in this agreement as a condition of their purchase. Purchaser’s purchase of the Product includes the ability to enter into agreements and/or make transactions electronically. PURCHASER ACKNOWLEDGES THAT THEIR PURCHASE CONSTITUTES THEIR AGREEMENT TO AND INTENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ANY RELATED AGREEMENT INCLUDING OTHER POLICIES AND CONTRACTS, AND TO PAY FOR PRODUCT.
Due to the digital nature of the product, and because instant access is granted as soon as the membership is activated, no refunds are offered on memberships. Memberships may be canceled at any time. To avoid renewal charges, members must cancel their accounts prior to the automatic renewal date. NO REFUNDS will be issued if members forget to cancel prior to the renewal date. The member account will remain active until the end of the subscription term.
The Purchaser May:
Use the resources, information, and vendors provided in the A-Z Directory to further their own business.
Discuss the vendors with other members of the private A-Z Directory Facebook Group.
The Purchaser May Not:
Sell, loan, or give away the information within the A-Z Directory or otherwise allow a third-party to use the information in any way.
Transfer membership or login credentials to a third party (whether a client, customer, or business partner) without previous written consent obtained directly from Biz Birthday Bash and both partners, ElisaAnne Calligraphy and Cami Monet.
Use the resources and information in the A-Z Directory to create a separate free or paid resource guide of any sort including a PDF, email series, downloadable guide, freebies, etc.
Members agree that neither Cami Monet, ElisaAnne Calligraphy, nor Biz Birthday Bash shall be liable for any damages resulting from the use of any of the vendors and resources provided. Biz Birthday Bash shall not be liable for any claims related to, or resulting from, your use of the A-Z Directory.
Members may not under any circumstances transfer membership or login credentials to a third party – whether a client, customer, or business partner without previous written consent obtained directly from Biz Birthday Bash.
In the case of a failed payment, membership access to the Product will be revoked until payment information is updated and processed.
Purchaser agrees that he/she will be removed from the A-Z Directory Facebook Group if they decide to cancel membership of the Product. Removal from the FB group will happen after the current membership term has expired.
Company sells Products ‘as is’ without warranty or guarantee of any kind, either express or implied, including no warranty as to merchantability or fitness for a particular purpose.
ASSUMPTION OF RISK
Purchaser agrees to accept all risk associated with the use of any Product, including but not limited to, the use of any Product personally or in business, all taxes and regulations applicable to any Product, all legal compliance issues related to any Product. Purchaser understands that the Company is disclaiming all liability from harm of any kind or nature caused directly or indirect from any Product.
Purchaser agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Purchaser’s action(s) under this Agreement or misuse of a Product. Purchaser agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Purchaser’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.
LIMITATION OF LIABILITY
Purchaser agrees that the Company’s liability for any reason shall be no more than the total purchase price of the Product purchased.
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 binding arbitration. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Atlanta, Georgia. 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.
This Agreement shall be governed by and construed in accordance with the laws of the province of Georgia, United States, regardless of the conflict of laws principles thereof.
ENTIRE AGREEMENT; AMENDMENT; HEADINGS
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
Please email us at firstname.lastname@example.org for any assistance.
Last updated 2.13.19.