1. Term. The terms and conditions (these “Terms”) of this Agreement are the only terms which govern the sale of training, educational and coaching services (“Services”) by ComunidadREI, LLC a Wyoming liability company, to you as the buyer of the Services (referred to in these terms as “you” or “your”), whether through our website or otherwise. These terms comprise the entire agreement between you and us, and supersede all prior or contemporaneous understandings or agreements.
2. Event Dates & Locations. Event dates and locations are subject to change. Non-attendance at the event will not constitute grounds for a refund, nor serve to release from this Agreement. All deposits, advance payments, finance forms and tickets are non-refundable and held as in-house credit toward future enrollment and/or purchase.
3. Cancellation. As the buyer, you may cancel this agreement at any time prior to midnight of the third day after the date of this Agreement, after which time the sale is final. Saturday is considered a business day; Sundays and federal holidays are not. To request cancellation on or before the third business day from the date of purchase, you must submit both the front of this agreement along with a written request stating your reason for cancelling to firstname.lastname@example.org. Upon approval of your return request, you will be directed to instructions for returning your materials.
4. Declined Credit Cards and Checks. In the event that a credit card is returned as “declined”, ComunidadREI will make three separate additional attempts before suspension occurs. Checks may be accepted as a form of payment at live events as a courtesy to clients. Clients are then solely responsible for paying all returned checks and/or bank fees, processing charges, and past monthly fees. Checks that are non-negotiable, for any reason (insufficient funds, closed accounts, stop payments, etc.) are subject to immediate collection and prosecution to the fullest extent of the law, including all expenses involved in collection, and will be subject to an additional fee if the account is forwarded to a third-party collection agency.
5. Limited Warranty: Limitation of Liability. ComunidadREI warrants to you that we will perform the Services using personnel or required skill, experience, and qualifications and in a professional manner in accordance with generally recognized industry standards for similar services and we will devote adequate resources to meet or obligations under these Terms. WE MAKE NO ADDITIONAL WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES. With respect to any Services subject to a claim under the foregoing warranty, we will in our sole discretion: (i) repair or re-perform the applicable Services or (ii) credit or refund the price of such Services at the pro rata contract rate. The foregoing remedies will be your sole and exclusive remedy and our entire liability for breach of the limited warranty in this section. IN NO EVENT, WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES EXCEED THE TOTAL OF THE AMOUNTS PAID TO COMUNIDADREI FOR THE SERVICES. IN NO EVENT, WILL COMUNIDADREI BE LIABLE TO YOUR OR ANY THIRD PARTY FOR ANY LOSS OF PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. The limitation of liability set forth in this section will not apply to liability resulting from our gross negligence or willful misconduct.
6. Indemnity. Client hereby agrees to and does indemnify ComunidadREI and its principals and holds them, and each of them, harmless from and will defend them against any and all claims, judgements, liabilities, expenses, and damages (including attorneys’ fees and costs) arising out of or in connection with any breach by client of its obligations, agreements and covenants hereunder, and any acts or omissions.
7. Governing Law. This Agreement will be governed by the laws of the State of Wyoming, except its conflict of laws rules.
8. Dispute Resolution. The client and ComunidadREI hereby agree that any and all disputes that arise between them concerning this Agreement or any of the terms thereof or that concern any aspect of the relationship between the Customer and the Company, will be decided exclusively in binding arbitration conducted by the American Arbitration Association(“AAA”). The dispute will be decided by a single arbitrator who will apply the AAA’s Commercial Arbitration rules. The arbitrator does not have authority to make an order for costs or attorney’s fees, and will only award contract damages if any. If, however, a party files a suit in Court in violation of this written arbitration agreement, the party that is made to defend the suit in Court is entitled to an immediate stay and dismissal of such Court proceeding, and will be entitled to an award of all reasonable attorney’s fees and costs in connection with the Court proceedings. In order to keep costs down, the arbitration will be conducted through written submissions only, and the arbitrator will not require any live hearings. Client waives all rights to a class arbitration. Client and ComunidadREI further agree that each party will bear its own costs and attorney’s fees incurred in connection with the AAA arbitration proceeding.
9. Severability. If any provision of this Agreement is capable of two constructions, one of which would render the provision illegal or otherwise voidable or unenforceable and the other of which would render the provision valid and enforceable, such provision shall have the meaning which renders it valid and enforceable. The language of all provisions of this Agreement will be construed simply according to its fair meaning and not strictly against the Parties. If any provision is nonetheless held to be void or unenforceable, all of the others will remain in full force and effect.
10. Force Majeure. ComunidadREI will not be liable or responsible to you for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control.
11. Performance of Services. You acknowledge that the Services do not represent a “get rich quick” program, but a coaching and educational service. We offer different programs, and the amount that you pay will determine the program that you receive and the amount of guidance and coaching that you will receive. The programs include Quick Start Coaching sessions that will expire within (120) days after joining the program if not scheduled prior to that time. All program bonuses expire within (120) days of joining the program if not scheduled or registered for the event prior to that time. Client will be assigned a coach and will be given a mutually agreed upon time slot when the coach is available for calls. The coach’s phone number will be given to the Client. Should the Client neglect to call in or fail to reschedule prior to the call, the coach is under no obligation to reschedule any missed sessions and the Client’s next contact with the coach will be at the regularly scheduled time. The Client will receive assignments from the coach and hereby commits to complete the assignments in the required time frame in order to become successful selling online. If coaching calls are put off longer than (30) days without notice, or are not scheduled within 30 days of this contract, ComunidadREI reserves the right to email you a recorded copy of the coaching sessions and consider your coaching package fulfilled. When purchasing product from suppliers that ComunidadREI recommend, Client is aware that there may be Product Procedures and Policies that include but are not limited to; Minimum Advertised Price (MAP), pricing guidelines, Minimum Order Quantities (MOQ), and that product orders cannot be shipped until Client has sent in all appropriate items. Failure to obey the aforementioned Procedures and Policies can result in ComunidadREI terminating their relationship with you.