The Art of Charm, Inc. Customer Agreement
Our 100% No-Risk Money-Back Guarantee
Universal Terms for The Art of Charm, Inc. Software, Products and Services (herein referred to as “Products”):
This Agreement (“Agreement”) is by and between The Art of Charm, Inc. and/or its subsidiaries and agents (“The Art of Charm”) a Delaware Corporation and You, Your heirs, agents, successors and assigns (“You”), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of your use of The Art of Charm software (“Software”), Products (“Products”) and services (“Services”) and explains The Art of Charm’s obligations to you and your obligations to The Art of Charm in relation to the Software, Products and Services You purchase.
This Agreement as well as any additional policies of The Art of Charm, together with all modifications thereto, constitute the complete and exclusive agreement between you and The Art of Charm concerning your use and purchase of The Art of Charm’s Products, and supersede and govern all prior proposals, agreements, and/or other communications. All of The Art of Charm’s policies and agreements specific to particular Products are incorporated herein and made part of this Agreement by reference. By purchasing The Art of Charm’s Products, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which The Art of Charm may establish from time to time, and any agreements that The Art of Charm is currently bound by or will be bound by in the future. You may view the latest version of this Agreement online.
In addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this Agreement for transactions entered into on your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account you’ve established with The Art of Charm, whether or not the transactions were in your behalf.
The General Terms in Section apply to all customers of The Art of Charm.
1. TERM OF AGREEMENT; MODIFICATIONS.
You agree that The Art of Charm may modify this Agreement and the Services from time to time. You agree to be bound by any changes The Art of Charm may reasonably make to this Agreement when such changes are made. If you have purchased Products from The Art of Charm, the term of this Agreement shall continue in full force and effect as long as you take advantage of and use the Software and/or Products and Services. In the event you terminate your usage, The Art of Charm will not refund any amounts you have paid. You agree that The Art of Charm shall not be bound by any representations made by third parties who you may use to purchase Services from, and that any statement of a general nature, which may be posted on The Art of Charm’s Web site or contained in The Art of Charm’s promotional materials, will not bind The Art of Charm in any way. The Art of Charm may, at times, offer certain promotions with different charges and features. You agree that you will be responsible for notifying The Art of Charm, IN WRITING TO THE SUPPORT SUITE should you desire to terminate your use of The Art of Charm’s services. Messages left in voice mail boxes or verbal conversations do not qualify as notifications to The Art of Charm. Notification of Your intent to terminate must be provided in writing to The Art of Charm no earlier than 10 days prior to your billing date but no later than five days prior to your billing date. Any failure of participant to participate in any portion of the program and/or activities does not entitle participant to an extension of the program, nor does it entitle the participant to any refunds of any program fees paid. Program contents and materials are subject to change without notice. The Art of Charm, at its sole discretion, may change or add to the materials and/or topics, media, speakers, or experts described and/or change, substitute, add to or schedule differently any teleconference calls or training described. A change to any of the above does not entitle the participant to a refund of any sort.
I UNDERSTAND THAT THE PROGRAM IS NOT JUST A SOFTWARE PACKAGE AND THAT PARTICIPANT NOT LOGGING INTO THE SOFTWARE OR WEBSITE DOES NOT VOID ANY PART OF THE AGREEMENTS NOR AUTOMATICALLY QUALIFY FOR ANY REFUNDS.
2. ACCURATE INFORMATION.
I understand that the techniques and strategies taught in The Art of Charm’s Products are highly confidential, and I agree to keep what I learn private. I also agree not to make copies of, or distribute any of the materials contained inside The Art of Charm Products and Services.
4. ACCOUNT SECURITY.
You agree you are entirely responsible for maintaining the confidentiality of your customer number/login, password, credit card number, and security key (collectively, the “Account Access Information”). You agree you are entirely responsible for any and all activities that occur under your account. You agree to notify The Art of Charm immediately of any unauthorized use of your account or any other breach of security. You agree The Art of Charm will not be liable for any loss that you may incur as a result of someone else using your Account Access Information, either with or without your knowledge and/or consent. You further agree you could be held liable for losses incurred by The Art of Charm or another party due to someone else using Your Account Access Information. For security purposes, you should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that you will be responsible for all activity in your account, whether initiated by you, or by others on your behalf, or by any other means. The Art of Charm specifically disclaims liability for any activity in your account, whether authorized by you or not.
5. NO UNLAWFUL CONDUCT OR IMPROPER USE.
As a condition of your use of The Art of Charm’ products, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and you agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to The Art of Charm if, for any reason, The Art of Charm takes corrective action with respect to Your improper or illegal use of its Services.
The Art of Charm reserves the right at all times to disclose any information as The Art of Charm deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at The Art of Charm’s sole discretion.
If you have purchased Products, The Art of Charm has no obligation to monitor your use of the Services. The Art of Charm reserves the right to review your use of the Services and to cancel the Services at its sole discretion. The Art of Charm reserves the right to terminate your access to the Services at any time, without notice, for any reason whatsoever. The Art of Charm reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action against The Art of Charm or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
Except as set forth below, The Art of Charm may also cancel your use of the Services after thirty (30) days if you are using the Services, as determined by The Art of Charm at its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way. In the event The Art of Charm deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to The Art of Charm if, for any reason, The Art of Charm takes corrective action with respect to Your improper or illegal use of its Services.
6. NO SPAM; LIQUIDATED DAMAGES.
You agree The Art of Charm may immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay The Art of Charm liquidated damages of $1 US for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay The Art of Charm’s actual damages.
7. INTELLECTUAL PROPERTY.
You agree that The Art of Charm or its licensor holds all rights, title and interest in all Products and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to you and you agree to make no claim of interest in any such Product. You understand and agree that all content and materials contained in this Agreement, other policies, the The Art of Charm Web site, and any affiliated Web sites, materials, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that The Art of Charm or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that you are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of The Art of Charm or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to you or conferred upon you by this Agreement or otherwise.
This Site contains or may use proprietary software. You shall have no rights to this proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Site (“Site Software”). Unless otherwise specified in a purchase agreement for any of The Art of Charm’s Software products, you may not copy, distribute, sell, decompile, disassemble, modify, reverse engineer, create derivative works from or otherwise reduce the The Art of Charm Academy or other Software or the Site Software.
8. USE OF THE ART OF CHARM SOFTWARE.
If you have licensed software and services from The Art of Charm, i.e.,The Art of Charm Academy, The Art of Charm grants You a limited, non-exclusive, nontransferable and non-assignable, non-sharing license to use the software and materials for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the Software. You agree you are not authorized to combine the Software with any other software program, create derivative works based upon the Software, nor are you authorized to integrate any plug-in or enhancement which uses or relies upon the Software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. The Art of Charm reserves all rights to the Software and materials. The Software, materials and any copies you are authorized to make are the intellectual property of The Art of Charm. The source code and its organization are the exclusive property of The Art of Charm and the Software is protected by copyright, including United States Copyright Law. Except as expressly provided for in this section, this Agreement does not grant you any rights in the Software and all rights are reserved by The Art of Charm. The Art of Charm provides this Software, services, and materials “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
9. FEES AND PAYMENT.
As consideration for the Products purchased by you and provided to you by The Art of Charm, You agree to pay The Art of Charm at the time you order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. The Art of Charm expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by you by providing either a valid credit card, or using The Art of Charm’ prepaid services such as “paid on site at events” or checks.
If for any reason The Art of Charm is unable to charge Your Payment Method for the full amount owed The Art of Charm for the Services provided, or if The Art of Charm is charged a penalty for any fee it previously charged to Your Payment Method, you agree that The Art of Charm may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason The Art of Charm is unable to charge Your credit card with the full amount of the Services provided, or if The Art of Charm is charged back for any fee it previously charged to the credit card You provided, You agree that The Art of Charm may pursue all available remedies in order to obtain payment. You agree that among the remedies The Art of Charm may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any Services registered, bought or renewed on your behalf. The Art of Charm reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties you have elected to use as payment methods, including PayPal, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for you. You may change Your Payment Method at any time by contacting The Art of Charm’s Customer Support at +1.888.486.4493 during business hours.
You agree that you are solely liable for arranging that Your Services are renewed, and that The Art of Charm shall not be liable to you or any third party if it is unable to charge Your Payment Method in order to renew Your Services. While all purchases are processed in US dollars, The Art of Charm may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, The Art of Charm makes no representations or warranties that the actual price will be the same or substantially similar to the actual price you will pay and you waive any and all claims based upon any discrepancy between the estimate and the actual price.
10. REPRESENTATIONS AND WARRANTIES.
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that you are 18 years of age or older, or that you have an agent authorized by law to represent you who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action you make is being done in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party’s trademark or trade name.
11. LIMITATION OF LIABILITY.
IN NO EVENT SHALL THE ART OF CHARM BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE PRODUCTS OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF THE ART OF CHARM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, The Art of Charm’s liability is limited to the full extent permitted by law. You agree that in no event shall The Art of Charm’s maximum aggregate liability exceed the total amount paid by you for the particular Products in dispute purchased from The Art of Charm.
Further, I understand that the techniques and strategies I am about to learn are to be used for entertainment purposes only, and they are not medical or psychiatric advice of any kind. I also understand that I am fully responsible for my actions, and agree to use this system responsibly and with only the highest moral character. I understand that if it is discovered that I am attempting to use the techniques to manipulate, cause mental or psychological harm to women or anyone else, my membership in the The Art of Charm Academy will be revoked and I will lose access to the system entirely, with no right to a refund of any kind. There are no exceptions to this.
12. DISCLAIMER OF WARRANTIES.
The Art of Charm expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an “As Is” and “As Available” basis. The Art of Charm makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. The Art of Charm does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
You agree to defend, indemnify and hold harmless The Art of Charm and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys’ fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with The Art of Charm whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from The Art of Charm or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold The Art of Charm harmless from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets. This indemnification is in addition to any indemnification required of you elsewhere. Should The Art of Charm be notified of a pending law suit, or receive notice of the filing of a law suit, The Art of Charm may seek a written confirmation from you concerning your obligation to indemnify The Art of Charm. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that The Art of Charm shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify The Art of Charm of any such claim promptly in writing and to allow The Art of Charm to control the proceedings. You agree to cooperate fully with The Art of Charm during such proceedings. You agree to cooperate fully with The Art of Charm during such proceedings. You agree You will not be entitled to a refund of any fees paid to The Art of Charm if, for any reason, The Art of Charm takes corrective action with respect to Your improper or illegal use of its services. You also agree that if The Art of Charm is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding an account of Yours with The Art of Charm , that The Art of Charm may, in its sole discretion, take whatever action The Art of Charm deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
14. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
This agreement shall be deemed entered into in the State of California. You agree that the laws and judicial decisions of Los Angeles County, California, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Los Angeles, California. For the adjudication of disputes concerning the use of any domain name registered with The Art of Charm, You agree to submit to jurisdiction and venue in the U.S. District Court for the District of California located in Los Angeles, California. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
You agree that all notices (except for notices concerning breach of this Agreement) from The Art of Charm to you may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address you have on file with The Art of Charm. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
Notices from You to The Art of Charm shall be made either by email, sent to the address provided on the The Art of Charm Web site, or first class mail to The Art of Charm’ address at:
The Art of Charm, Inc.
14525 South West Millikan Way
Suite #34470 Beaverton, Oregon 97005
The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.
17. ENTIRE AGREEMENT.
You agree that this Agreement including the policies and agreements it refers constitute the complete and only Agreement between You and The Art of Charm regarding the Services contemplated herein.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
The failure of The Art of Charm to enforce any of the provisions within this Agreement or its incorporated agreements and policies against you or others shall not be construed to be a waiver of the right of The Art of Charm thereafter to enforce such provisions.
20. FORCE MAJEURE.
The Art of Charm will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold The Art of Charm liable for any of the consequences of such interruptions and no refunds shall be warranted.
21. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.
22. AFFILIATE PROGRAM
I understand that customers are NOT eligible for affiliate commissions on their own purchases. In the event that I become a certified affiliate, at
that point I can earn affiliate commissions on my own purchase. A certified affiliate is one affiliate that has or is doing constants promotional activities, drives consistent options and/or has made a total of 5 or more sales of The Art of Charm products. A single sale to one buyer or yourself does not constitute a certified affiliate of The Art of Charm.
23. ATTENDANCE AT EVENTS OR CALLS/MEETINGS
I agree that I am freely and willingly participating in the The Art of Charm seminars, calls, web conferences, meetings, and do hereby grant The Art of Charm and/or its agent or designated entities permission to record and duplicate recordings of any and all, but not limited to, conference presentations, webcasts, teleseminars, testimonials, questions and answers, etc.
I understand that I will not receive any compensation either financially or in any other form, neither implied nor inferred, from the sale of these recordings, regardless of the product format (audio, visual, written, etc.) and further authorize the use of myself, voice and/or likeness on the aforementioned.
Any funds from the sale of these recordings past, future, or present will be exclusively for the benefit The Art of Charm. The Art of Charm shall own all rights to any and all such works and may make any use or nonuse of such works without payment or obligation to the attendee or customer.
I hereby authorize The Art of Charm, Inc. to use my success story in future publications and publicity. I acknowledge that The Art of Charm, Inc. offers entertainment for men on the subject of networking, personal-growth, women and dating, as well as products and services related to networking, personal-growth, women and dating, and that all content, products and services are not to be considered as legal or professional advice, and that all content is to be used for personal entertainment purposes only.
24. DUTY TO READ
I accept and acknowledge that, under this agreement, I have a duty to read this refund policy given to me and have done so. I hereby attest to this duty, and sign on the order form to execute this document, making it legally binding. Further, I understand and accept that I am estopped from using “lack of reading” as a defense, legal or otherwise, against any and all remedies contained herein.
Lastly, I understand that this purchase will appear on my credit card statement as a purchase from The Art of Charm, Inc. and my submission of this order form constitutes a digital signature, authorizing the purchase.
That covers it!