THE PERFECT TIME IS NOW COURSE Payment Plan and Product Service License
PLEASE READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE BY CLICKING THE “I ACCEPT/AGREE” BUTTON AT THE BOTTOM OF THIS WEB PAGE. ACCEPTANCE OF THIS SERVICE LICENSE MEANS THAT YOU ARE BOUND BY THE TERMS OF THIS SERVICE LICENSE AND ANY AMENDMENTS THERETO AFTER THIS DATE.
THE PERFECT TIME IS NOW COURSE
1. Definitions and Interpretation. 1.1. Website
“Website” means the website located at www.Theperfecttimeisnow.com and includes the en- tirety of both the Membership Website and the Public Website.
1.2. Membership Website
“Membership Website” means that portion of the Website that is restricted to the use only by You and other customers, specifically https://members.theperfecttimeisnow.com/ and the available content, modules, benefits, and services included within your THE PERFECT TIME IS NOW COURSE portal.
1.3. Public Website
“Public Website” means that portion of the Website that is available for use by any person
that accesses it.
“Acceptance” means that You have accepted the terms of this Service License and has manifested said acceptance by clicking on the “I Accept/Agree” button at the bottom of this Service License.
1.5. User Name
“User Name” means the name by which You shall provide, along with the Password, to Company that allows him/her to gain access to the Membership Website.
“Password” means the password by which You shall provide, along with the User Name, to
Company that allows him/her to gain access to the Membership Website.
1.7. Payment Plan
“Payment Plan” is the payment plan which has been enumerated in this Service License and which You agree to pay to Company for access to THE PERFECT TIME IS NOW COURSE portal on the Membership Website .
1.8. Information Entry Page
“Information Entry Page” means the login-instructions e-mail & registration page that shall be provided to You upon acceptance of this Service License.
Company shall not disclose to third parties any personal information which You forward to Company through the Information Entry Page. The information which You forward to Com- pany through the use of the Information Entry Page shall be used solely by Company for the purposes of billing, advertising, for notifying You of any changes to this Service License, the Membership Website, or any other purpose which Company deems necessary to carry out its duties under this Service License.
2.3. Unauthorized Access
In the event that You determine that another party has gained access to your Password and User Name, or has determined that another has wrongfully accessed the Membership Web- site using your Password and User Name, Company shall issue a new User Name and Password to You and shall delete the old User Name and Password account.
2.4. Availability of Membership Website
Company shall make reasonable efforts to notify You by posting or e-mail of scheduled maintenance or upgrade work which may make the Membership Website unavailable for periods of time greater than 4 hours. Company does not warrant that the Membership Web- site will be available to You on a continual 24-hour basis.
3. Your Duties.
3.1. Use of and Access to Membership Website
You understand and agree that your access toTHE PERFECT TIME IS NOW COURSE located on the Membership Website is granted via a limited, non-exclusive use license subject to the terms and conditions noted in this Service License herein. Such access and rights granted are personal to You and shall not be shared, transferred, or assigned, in whole or in part, by any act of You or by operation of law without the prior written consent of Company, which may be withheld or granted in Company’s sole discretion.
Without limitation, your use or access to any aspect of the Membership Website is absolute- ly conditioned on your understanding and use for personal, not commercial, purposes. With- out limitation, You shall not:
You agree to pay Company a single lump sum payment or to pay monthly payments during
the term of this Service License. The monthly fee is defined in Section 5 below.
3.3. Rules and Regulations
3.4. Information Entry Page
You shall enter and forward to Company truthful and factually accurate information on the Information Entry Page. You shall provide credit card information on the Information Entry Page that Company shall use according to Section 5 below.
3.5. Intellectual Property Ownership
You acknowledge and agree the Company Content shall include, without limitation, all mate- rials that are part of the Website, Membership Website, Courses, and Products, which are wholly owned by the Company. You shall not contest or challenge, or take any action incon- sistent with or that may damage or impair Ownership or intellectual property rights of Com- pany Content.
3.6. Availability of Membership Website
You recognize that the traffic of data through the internet may cause delays during the download of information from the Membership Website and shall not hold Company liable for delays that are ordinary in the course of internet use. You recognize that the Membership Website may not be available on a continual 24-hour basis due to such delays and due to delays caused by Company’s upgrading, modification, or standard maintenance of the Web- site and Membership Website.
4. Length of Service License
Unless otherwise noted in this Service License, the term and the rights granted herein shall begin on the date You assent to this Service License and all necessary conditions herein (e.g. successful set up of User Name and Password and payment) and continue automati- cally every 30 days until payment plan is paid in full (“Term”).
You understand and agree that your access toTHE PERFECT TIME IS NOW COURSE portal on the Membership Website is contingent on your payment and Company’s successful pro- cessing of such payment according to Section 5 below. You shall indicate your assent to this Service License by allowing Company to charge your credit card in
Company reserves the right to modify or terminate this Service License or your access to the Membership Website, without notice, at any time, and without liability to You and subject to Company fulfilling its previous responsibilities to You based on acceptance and clearance of your payment.
full or on a monthly basis
according to Section 5 below and as otherwise specified on the Information Entry Page.
5. Terms of Payment
• You shall pay a monthly fee of $166 USD (3 payments totaling $498.00 USD) to Company during the course of this Service License or a one-time flat fee for full payment of $397 USD as elected in the Information Entry Page. Company only charges the monthly pay- ment. Some financial institutions add additional transaction fees for foreign transactions. Since your bank charges these fees, please contact them directly with any related ques- tions. You shall provide Company with a credit card number or other payment method, as stipulated on the Information Entry Page, to which Company shall bill the monthly payment every 30 days during the Term of this Service License unless an alternate date of pay- ment is arranged in writing by contacting customer support at [email protected] You may pay off Your remaining balance at any time per your election. Your payment method will be charged at the beginning of your billing cycle, but it may take a few days for the charge to post to your account.
You shall remain responsible for paying any remaining amounts owed and noted on the Information Entry Page. You understand, agree, and explicitly grant and authorize Compa- ny to automatically charge any credit cards on file/provided to Company through the In- formation Entry Page or through other writing during the Term. If the payment is declined, returned or deemed fraudulent, your access toTHE PERFECT TIME IS NOW COURSE Membership Website will be suspended until all payments are made in full. In addition,
your card on file will be auto-charged every day until payment is completed.
You shall contact customer support at least 48 hours in advance by e-mail at [email protected] to make adjustments to your card on file or the payment date. If you
need to update your card on file, you can do so here.
You also agree to contact our customer support team by e-mail at [email protected] if there is an issue with a double charge on your order to have the problem re-
To the fullest extent permitted under the law, You understand and agree that You irrevoca- bly waive your right to any dispute or payment resolution mechanisms available by third parties or through the Other Agreements (whenever entered) in connection with the sub- ject matter of this Service License, including without limitation, PayPal or credit card
This section shall expressly survive termination of this Service License for any reason. Company expressly reserves any right to utilize all legal and equitable means to recover
outstanding amounts due.
THE PERFECT TIME IS NOW COURSE is a 4 week online course. It is made up of 4 pre-recorded modules which are hosted inside THE PERFECT TIME IS NOW COURSE portal on the Member- ship Website. They are released each week on Saturdays at 10:00am EST unless otherwise noted (3/7, 3/14, 3/21, 3/28). The live Q&A is hosted each week inside the Manifestation Babe Academy January FB Group on Wednesdays at 10:00am EST unless otherwise noted (3/11, 3/18, 4/1,). In some instances where there is a delay in delivery of the resources, all students will be notified via the Facebook group
and by e-mail.
All workbooks, hypnosis and meditations will be available each week inside the Manifesta-
with the pay in full option, you will receive a THE PERFECT TIME IS NOW HAT . These HATS will be shipped be- tween MARCH 11th - APRIL 8th We cannot guarantee a delivery date as shipping times will vary by
If all payments are completed, you will hold lifetime access toTHE PERFECT TIME IS NOW COURSE portal on the Membership Website and the FB Group.
Company shall offer a refund forTHE PERFECT TIME IS NOW COURSE if You submit a request for refund to [email protected] by 11:59PM EST on March 14, 2020. You must have completed the Module 1 video, attended the Week 1 Q&A and submit your completed homework assignments for Module 1 in order to have your refund considered on a case by case basis. After march 14th, 2020, all payments are non-refundable and you are responsi- ble for full payment of the fees forTHE PERFECT TIME IS NOW COURSE , regardless of whether of
not you complete the program.
If You selected a payment plan and You do not request a refund by march 14, 2020, You must complete the remaining payments of your payment plan. We reserve the right to seek re- covery of any unpaid funds via all appropriate legal and equitable relief available, including
without limitation, via our Collection Agency.
7. Information Entry Page
You shall be prompted to enter the following information on the Information Entry Page after indicating acceptance to this Service License. The Information Entry Page shall request the following information from or relating to You:
• first and last names;
• mailing address;
• telephone number;
• available payment options and amounts to be charged, along with frequency of such charge; and
• credit card information, including billing address to process above selected payment op- tion and amount;
The Information Entry Page may also ask You to enter voluntary information that shall be used solely for the purposes of determining your profile or otherwise setting up your ac- count. This information shall not be forwarded to any third parties as described above.
8. Limitation of Liability
The Services, content, and other material of any kind provided by Company are provided AS IS, WITHOUT WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MER- CHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON-INFRINGEMENT; 7) QUIET ENJOY- MENT; AND 8) TITLE. YOU AGREE THAT ANY EFFORTS BY COMPANY TO MODIFY ITS
PRODUCTS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITA- TIONS, AND THAT ANY PROVIDED WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
YOU FURTHER AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSI- NESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF WEB SITE OWNER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT.
Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to You. In such jurisdictions, Company’s liability is limited to the greatest extent permitted by law.
9.1. Dispute Resolution; Binding Arbitration
This Service License shall be construed in accordance with the laws of the United States of America and the State of California, without regard to its conflicts of laws principles. Exclud- ing Company’s enforcement rights with respect to any outstanding payments due or owing, any and all disputes between the Parties arising from or related to this Agreement shall be heard and determined by binding arbitration in Atlanta, Ga in accordance herein.
YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE AC- TION WITH RESPECT TO ANY DISPUTE OR CLAIM ARISING FROM OR IN CONNEC- TION WITH THIS SERVICE LICENSE OR THE SUBJECT MATTER HEREIN. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAIL- ABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTH- ERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATU- TORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND COMPANY ARISING FROM OR RELAT- ING IN ANY WAY TO THIS SERVICE LICENSE OR YOUR USE OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLU- SIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in ac- cordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. The Federal Arbitration Act will govern the interpretation and en- forcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/ or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or oth- erwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the Parties, and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTI- TLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN
COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbi- tral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent ju- risdiction.
The foregoing provisions shall not limit the right of Company to commence any action or proceeding to compel arbitration, to obtain injunctive relief pending the appointment of an arbitrator, or to obtain execution of any award rendered in any such action or proceeding, in any other appropriate jurisdiction or in any other manner. Without limitation, Company is not bound by or required to seek any outstanding monies due or payable and may seek all ap- propriate legal and equitable relief in California state and federal courts or otherwise as available. The Parties agree to accept service of process by mail at its or their business ad- dress listed herein and waive any jurisdictional or venue defenses available to them. The prevailing Party shall be entitled to an award of its reasonable attorneys’ fees and costs.
You are solely responsible for any and all aspects of your use of the Membership Website and Company Content as specified or explicitly authorized in this Service License. As such, You agree to indemnify, defend, and hold Company harmless with counsel of Company’s choice against any qualifying disputes or third party claims. This obligation shall survive ter- mination for any reason.
9.3. Entire Service License
This Service License supersedes any and all other agreements, either oral or in writing, be- tween the parties with respect to the matters stated herein, and this Service License con- tains all of the covenants and agreements between the parties with respect thereto. This Service License may be amended or modified only in writing, and shall be effective only af- ter affixation of both parties’ signatures.
9.4. No Waiver; Amendments and Modifications
Failure of or delay by Company to insist upon strict performance of any of the covenants or terms hereof shall not be construed to be a waiver of any such other covenants, terms, or remedies.
This Service License shall be amended or modified only by a writing signed by both Parties. If such a written amendment is entered into, such written amendment shall modify only the provisions of this Service License specifically modified and shall be deemed to incorporate by reference, unchanged, all remaining provisions of this Service License.
This Service License and the contents hereof constitute a confidential business relationship between the Parties. Each Party acknowledges that significant damage could be done to the other one should the terms of this Service License become public knowledge. Both Parties agree that they will not reveal the terms of this Service License to any third party (excluding agents, attorneys, representatives, and others with whom they have a legal obligation to disclose) and that they will exercise reasonable precautions to ensure that neither they nor their employees, agents, or affiliates shall allow the terms of the Service License to become public knowledge.
In the event that any provision of this Service License is held to be void or unenforceable by a court or judicial body of competent jurisdiction, the remaining provisions of this Service License shall nevertheless be binding upon the Parties with the same effect as though the voided or unenforceable part had been deleted.
10. Knowing Consent and Authority to Consent
The Parties knowingly and expressly consent to the foregoing terms and conditions. Each Party is authorized to enter into this Service License on behalf of its respective party.
THE “I ACCEPT/AGREE” SIGNATURE FOLLOWS. THIS BUTTON SHALL THEN DOWN- LOAD THE INFORMATION ENTRY PAGE TO THE SUBSCRIBER’S COMPUTER. IF YOU DO NOT CLICK ON THIS BUTTON, THIS AGREEMENT SHALL BE NULL AND VOID AND YOU WILL HAVE NOT RIGHTS TO ACCESS THE MEMBERSHIP WEBSITE.