Terms of purchase from club preschool
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Customer”) agree to be provided with products, programs, or services as part of Club Preschool Site Membership (“Membership”) operated by Nicole Franklin (“Owner”), acting on behalf of Modern Preschool, LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms:
TERMS OF MEMBERSHIP
Upon purchase and execution of this Agreement, Customer will be provided with the following content and/or services as detailed on themeasuredmomplus.com (“the Website”) and selected prior to purchase. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to:
- Access to video trainings
- Downloadable PDF files
- Facebook group
- Other monthly content
The scope of Services rendered by the Company pursuant to this Agreement shall be limited to those contained herein and/or provided for on Company’s Website as part of the Membership.
The Company reserves the right to substitute Services equal to or comparable if reasonably required by the prevailing circumstances.
Customer will have access to the Membership Site for as long as his/her account is in good standing.
At any point should Company be terminating the Membership Site, Customer will be given at least sixty (60) days notice.
Customer has the option to cancel membership at any time within his/her account. in writing via email to the Company and cancellation will take effect the following billing cycle.
PAYMENT AND REFUND POLICY
Upon execution of this Agreement, Customer agrees to pay to the Company the purchase amount as stated on the Website.
Due to the electronic nature of the printable products in the Membership, no refunds will be offered.
With initial monthly payment, Customer commits to a one (1) month term to the Monthly Membership; at the end of the initial term or at anytime thereafter, Customer will be billed on a monthly basis. After the initial one (1) month term, Customer will automatically be moved into the Membership at the same monthly rate. Customer will then be charged payment according to their selected payment plan: every thirty (30) days, at which time the payment will be automatically debited via the account information included upon purchase.
With initial yearly payment, Customer commits to a one (1) year term to the Yearly Membership; at the end of the initial term or at anytime thereafter, Customer will be billed on a yearly basis. After the initial one (1) year term, Customer will automatically be moved into the Membership at the same yearly rate. Customer will then be charged payment according to their selected payment plan:every twelve (12) months, at which time the payment will be automatically debited via the account information included upon purchase.
If Customer cancels a Monthly Membership or Yearly Membership, Customer may join again at the current rate, which may be higher than when Customer initially joined.
Credit Card Authorization. Each party hereto acknowledges that Company will charge the credit card chosen by the Customer on the dates and for the amounts specified upon purchase and as included in this Agreement.
In the event Customer fails to make any of the payments as outlined above, Company has the right to immediately disallow services and benefits of the Membership until payment is paid in full.
By participating in the Membership, the Customer acknowledges that the Company makes no guarantees as to the outcome of any Services, sessions, teachings, or modules accessed through this Membership. By participating in this Membership, the Customer acknowledges that the Company does not warrant the accuracy of any information provided, is not liable for any losses the Customer may suffer by relying on modules, content, guest speakers, videos, services, or products.
Any testimonials or examples shown through the Company’s Website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Membership and/or Services. You acknowledge that the Company has not and does not make any representations as to success of any kind that may be derived as a result of use of its programs, products or Services.
The Company may provide the Customer with information relating to products that the Company believes might benefit the Customer. The Company is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information provided. The Company may be involved in affiliate relationships with certain third-parties for such recommendations and will inform Customer when this is the case. Customer agrees that these are only recommendations and the Company will not be held liable for the services provided by any third-party to the Customer.
INTELLECTUAL PROPERTY RIGHTS
In respect of the Material specifically created for the Customer as part of this Membership, including modules, videos, documents, or other content (known collectively as the “Material”), the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Customer, nor grant any right or license other than those stated in this Agreement.
Customer may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website, content or intellectual property, in whole or in part without our prior written consent. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Website content by any person without Company’s prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action.
DISCLAIMER OF WARRANTIES
The Services provided to the Customer by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
LIMITATION OF LIABILITY
By using the Company’s Services and purchasing this Membership, Customer accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Customer agrees that the Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Membership. Customer agrees that use of this Membership is at user’s own risk.
JURISDICTION AND DISPUTE RESOLUTION
These Terms shall be construed in accordance with, and governed by, the laws of the state of Florida. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Jacksonville, Florida, or via telephone. 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, either as a judgment of law or decree in equity, as circumstances may indicate.
All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to anna(at)themeasuredmom(dot)com.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.