Sold Out Stories Terms and Conditions
Purchase of Sold Out Stories
SAMANTHA DAILY LLC (hereinafter referred to as SAMANTHA DAILY) and, YOU (hereinafter referred to as “you/your” or “CLIENT”) hereby state that they have sufficient legal capacity to enter into this AGREEMENT.
By placing your order of SOLD OUT STORIES with SAMANTHA DAILY, you agree to be bound by this Agreement. If you do not agree with these terms, you should leave the program and discontinue use of the services immediately.
Clause 1: PURPOSE
This agreement sets forth the terms and conditions of purchase of coaching services with SAMANTHA DAILY. These services may include but are not limited to:
1.1 Services Description
The services included in the program "SOLD OUT STORIES" are the following:
- ONLINE COURSE ACCESS: By purchasing SOLD OUT STORIES, you will receive access to all online content and trainings hosted within the Kajabi members portal for LIFETIME ACCESS from the date of purchase.
Clause 2: ENTRY INTO FORCE AND DURATION
2.1 This Agreement will be effective from the date on which it is signed.
2.2 The term of this Agreement will be ongoing for the program, with lifetime access to online materials from the date of purchase.
Clause 3: INTELLECTUAL PROPERTY
3.1 All materials and coaching provided to you as part of your Product or Program or Services which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published or displayed in any form including screenshots or screen recordings without the prior express written permission of SAMANTHA DAILY.
3.2 You may not re-use, perform, modify, broadcast, transmit, re-post or use in any way the content or any derivative works thereof, without the prior express written permission of SAMANTHA DAILY. All trademarks, logos, and service marks displayed on any materials provided as part of your Product or Program or Services under this Agreement are protected by US and International copyright and intellectual Property laws. Access to any materials or content online or otherwise as part of the Product or Program or Services subject to this Agreement should not be construed as granting any license or right to use said content, including trademarks, logos and service marks of SOLD OUT STORIES or SAMANTHA DAILY.
3.3 The Parties agree that any information or documentation that contains intellectual property belonging to SAMANTHA DAILY is conveyed by SAMANTHA DAILY to the CLIENT for the completion of the Services and will remain the exclusive property of SAMANTHA DAILY. Accordingly, the CLIENT is forbidden to disclose, distribute or reproduce such information or documentation in its entirety or in part, without SAMANTHA DAILY's prior written consent.
Clause 4: CONFIDENTIALITY
The parties undertake to accept, keep and safeguard the Confidential Information in a framework of trust and not to provide it to any third party, supply it, disclose it, transfer it or use it for their own benefit without obtaining the prior consent of the other party.
Clause 5: TERMINATION AND CANCELLATION
5.1 Termination for Cause: SAMANTHA DAILY may terminate this Agreement for cause if you materially breach any terms of this Agreement. In such case, you remain responsible for payments due for services rendered up to the date of termination.
Clause 6: PAYMENT POLICY
6.1 Payment Options: Payment for the SOLD OUT STORIES program is required before commencement and may be made either:
- In full at the time of purchase for a total of $222.00 USD.
6.2 No Chargebacks: You agree not to dispute charges or initiate chargebacks with your bank or credit card company for services rendered. Any payment disputes should be addressed directly with SAMANTHA DAILY.
Clause 7: USAGE DISCLAIMER
7.1 You expressly agree that your use or inability to use any of the services is at your sole risk. SOLD OUT STORIES with SAMANTHA DAILY does not make any representations or warranties as to specific outcomes or results. By purchasing the Services, you accept, agree and understand that you are fully responsible for your progress and results from your participation.
7.2 You alone are responsible for your actions and results in life and business which are dependent on personal factors including but not necessarily limited to your skill, knowledge, ability, dedication, network and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our websites, social media accounts, programs, content, landing pages, sales pages or other offerings have not been scientifically evaluated and the results experienced by individuals may vary significantly.
7.3 Any statements outlined on SAMANTHA DAILY's social media accounts, programs, content, landing pages, sales pages or other offerings are simply based on opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
Clause 8: CONSTRUCTION
This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to SAMANTHA DAILY including any set forth in this Agreement are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.
Clause 9: BINDING EFFECT
This Agreement shall be binding upon and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.
Clause 10: LIMITATION OF LIABILITY
10.1 In no event shall either party be liable to the other for indirect, incidental, consequential, special, exemplary, or punitive damages arising from this Agreement, even if advised of the possibility of such damages.
10.2 Notwithstanding anything to the contrary contained in this Agreement, SAMANTHA DAILY's total cumulative liability to you for any cause whatsoever and regardless of the form of action will not exceed the total amount paid by you to SAMANTHA DAILY under this Agreement.
10.3 This limitation of liability shall not apply to:
- Damages arising from death or personal injury caused by negligence
- Damages arising from willful misconduct or gross negligence
- Any other liabilities that cannot be excluded or limited by applicable law
Clause 11: WAIVER
The waiver by any party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
Clause 12: SEVERABILITY
If any provision of this Agreement or any portion thereof is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid and unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Clause 13: INDEMNITY
You agree to indemnify, defend and hold harmless SOLD OUT STORIES and SAMANTHA DAILY and its subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, employees, representatives or assigns from any claims, liability, damages, losses, harms, costs and expenses, including legal fees and expenses or any other detriment incurred by you in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including breach of your representation and warranties set forth above, or if any content that you post or publish while using the
Services causes SOLD OUT STORIES or SAMANTHA DAILY to be liable to a third party.
Clause 14: SUBSTITUTION OF SERVICES
If SAMANTHA DAILY is unable to deliver any portion of the services as described in this Agreement due to illness, incapacity, or other circumstances beyond her reasonable control, SAMANTHA DAILY may:
- Reschedule the affected services to a mutually agreeable time;
- Provide a suitable replacement coach or instructor to deliver the services; or
- Provide alternative content or delivery methods that substantially fulfill the objectives of the program.
Clause 15: FORCE MAJEURE
Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure results from circumstances beyond the party's reasonable control, including but not limited to acts of God, pandemic, epidemic, government restrictions, war, terrorism, civil disturbance, natural disaster, or severe weather. In such event, the affected party shall be excused from performance for the duration of the force majeure event, provided that party uses reasonable efforts to mitigate its effects and resume performance as soon as practicable.
Clause 16: SOLICITING CLIENTS
16.1 You agree not to use SOLD OUT STORIES as a platform to solicit work from other members inside the program, unless expressly permitted to do so by SAMANTHA DAILY in writing.
16.2 You also agree not to use the program or relationship with SAMANTHA DAILY to solicit current clients of SAMANTHA DAILY for competitive services, unless expressly permitted to do so in writing.
Clause 17: DISPUTE RESOLUTION
17.1 Informal Resolution: The parties agree to attempt in good faith to resolve any dispute arising out of or relating to this Agreement informally through discussions between the parties.
17.2 Mediation: If the dispute cannot be resolved through informal discussions, the parties agree to participate in mediation before a mutually agreed-upon mediator in Fort Lauderdale, Florida before pursuing any other remedies available to them.
17.3 Arbitration: If mediation is unsuccessful, any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.
Clause 18: NOTICES
18.1 All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, when sent by confirmed electronic mail, or five (5) business days after being mailed by certified or registered mail, return receipt requested, with postage prepaid to the parties at the addresses provided in this Agreement.
18.2 Notices to SAMANTHA DAILY shall be sent to: [email protected] or 2701 N Ocean Blvd #4E
Fort Lauderdale, FL USA 33308.
18.3 Notices to CLIENT shall be sent to the email and/or physical address provided by CLIENT at the time of enrollment.
Clause 19: ENTIRE AGREEMENT
This Agreement represents the entire understanding relating to the Product or Program or Services purchased, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding the Product or Program or Services, are of no further force and effect. You may receive a copy of this Agreement at any time by emailing SAMANTHA DAILY at [email protected] and requesting a copy of your "Program Terms of Purchase".
Clause 20: LAW AND JURISDICTION
20.1 This agreement will be governed by the laws of The State of Florida (USA), without regard to its
conflict of laws principles.
20.2 In settling any dispute regarding the interpretation and/or enforcement of the provisions of this Agreement, both parties agree to submit first to the mediation and arbitration processes described in Clause 17. If for any reason the dispute must proceed to litigation, both parties submit to the exclusive jurisdiction of the Courts and Tribunals of Fort Lauderdale (Florida, USA), expressly waiving any other jurisdiction to which they may be entitled.
I, (the CLIENT) have read, reviewed and hereby agree to the Terms and Conditions of SOLD OUT STORIES with SAMANTHA DAILY.