Cosmic Cash Terms and Conditions
Purchase of Cosmic Cash
SAMANTHA L. SMITH (hereinafter referred to as SAMANTHA DAILY) and, the Client, (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 COSMIC CASH, (hereinafter referred to as "PROGRAM"), 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:
The services included in the PROGRAM are the following:
- ONLINE COURSE - By purchasing PROGRAM, you understand that you are making a 12 week commitment to the program. The Services include lifetime access to ONLY the online content hosted within the Kajabi members portal for as long as the program exists.
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 twelve (12) weeks.
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 PROGRAM 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
If you choose to terminate this contract, you are required to pay the total remainder of instalments after termination of your participation in the program. All payments are to be made payable to SAMANTHA DAILY. If you do not participate in the trainings and/or utilize all course materials in this program, you are doing so by your own choice and understand that no full or partial refunds will be given or returned.
Clause 6: PAYMENT POLICY
Payment is required before beginning the program either in full or in monthly instalments. You agree to pay the total amount agreed and not to cancel this transaction with your bank or Credit Card Company. SAMANTHA DAILY is not responsible for any overdraft charges, over limit charges, or fees of any kind charged by your bank or Credit Card Company. Fees of Services may be prepaid in full or by partial instalments as outlined above. Failure to make payment will result in the suspension OR termination of these services.
Clause 7: USAGE DISCLAIMER
You expressly agree that your use or inability to use any of the services is at your sole risk. PROGRAM 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 and that we offer no representations, warranties or guarantees verbally or in writing regarding your mental and physical health, earnings, performance, personal growth or results of any kind.
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.
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: DAMAGE WAIVER
Under no circumstances whatsoever shall either party be liable to the other for any incidental, consequential, indirect, special, exemplary, punitive or other damages under this Agreement.
This provision applies even if said party has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in this Agreement, SAMANTHA DAILY’s liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to SAMANTHA DAILY for the services during the term of the Program or membership.
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 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 PROGRAM 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 PROGRAM or SAMANTHA DAILY to be liable to a third party.
Clause 14: VOIDABILITY
This Agreement cannot be voided by not accessing or using the Services or websites where applicable or by not using the Services as delivered or in any other way deliberately attempting to avoid viewing or taking delivery of the Product or Program or Services as outlined. These actions will not void your Agreement or permit you the right to a refund.
Clause 15: REFUNDS/EXCHANGES
No refunds or exchanges are to be issued under any circumstances for PROGRAM. The participant understands that when they made the purchase of PROGRAM they are agreeing to pay their outstanding balance either in full or in monthly payments as agreed with SAMANTHA DAILY.
Clause 16: COVID-19
If COVID-19 prevents SAMANTHA DAILY or other parties from hosting or leading an event or call moving forward, such dates will be rescheduled at the next availability for SAMANTHA DAILY. No refunds, partial refunds or exchanges will be issued if such rescheduling occurs. If the participant is unable to join an event or call due to COVID-19 restrictions, they will not be able to receive a refund, partial refund or exchange as a result.
Clause 17: SOLICITING CLIENTS
Under no circumstances is the participant at liberty to use of PROGRAM as a platform to solicit work from other members inside the program, unless permitted to do so. The participant also agrees not to use the program or SAMANTHA DAILY to solicit current clients of SAMANTHA DAILY, unless permitted to do so.
Clause 18: 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. In order to participate in certain parts of the Product or Program or Services, you may be notified that you may be required to agree to additional terms and conditions as the Program is revised over time. You may receive a copy of this Agreement at any time by emailing SAMANTHA DAILY at [email protected] and requesting a copy of your “B2B Terms & Conditions”
Clause 19: LAW AND JURISDICTION
19.1 This agreement will be governed by civil laws of The State of North Carolina (USA).
19.2 In settling any dispute regarding the interpretation and/or enforcement of the provisions of this Agreement, both parties submit to the jurisdiction of the Courts and Tribunals of Charlotte (North Carolina, 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 PROGRAM with SAMANTHA DAILY.