TERMS & CONDITIONS: DISCLAIMER & REFUND POLICY
BUSINESS BOOMERS INC. (updated 041120)
CONDITIONS OF USE
An AGREEMENT is entered on the date payment is processed between Business Boomers Inc. (“Company”) 37 Towsen Road, Wayne, NJ and Client whose name appears on any order forms or opt-ins (“Client”), collectively, the “Parties.” In consideration of the promises and covenants contained herein, and intending to be legally bound hereby, the parties agree as follows:
COMPANY’S SERVICES AND PRODUCTS
Payment received by client shall constitute a legal and binding instrument based on these terms or any individual agreements signed when the Company is providing coaching services and/or online training programs and/or agency marketing or other services.
All pricing and payments are in US Dollars (USD). Full payment entitles you unlimited access to the purchased content, and access to the group/coaching program for a specified period. We reserve the right to alter the program content or schedule at our discretion.
If Client has purchased the product/service based on a payment plan, the Client authorizes a deposit for the ﬁrst payment and the remaining payments shall be authorized to charge Client’s Credit Card(s) every 30 days from the date of the ﬁrst payment (or unless otherwise speciﬁed on the order form, invoice, email, or program details) until all payments have been collected. Company shall be authorized to make all charges on or around the time they are due and not require separate authorization or invoices in order to do so. Prepayment in full may entitle customers to full access to course content, where payment plans also mean you will only get access to partial course information as payments are made.
CHARGEBACK AND PAYMENT SECURITY
Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client agrees to not open disputes or claims via payment processors, doing so shall result in NO refunds as well Client shall accept responsibility for any fees associated with recouping payment on chargebacks and any collection fees associated therewith, nor make any disparaging remarks regarding company. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
In the unlikely event you fail to pay the balance in full by 10 days after the due date, we reserve the right to charge the entire remaining balance for the program to your original form of payment. An additional 3% credit card processing fee will also apply.
We want you to be satisfied with your purchase. For online programs, we offer a fourteen (14) day period to access the materials and determine whether or not the program is the right fit, 100% refundable, no questions asked. You have up to 14 days from date of purchase to request a refund. After 14 days, Company shall issue no returns or refund, and there is a no cancellation policy on all coaching programs, services, VIP sessions, or products purchased on rockonsuccess.com or related sites, no matter if you fail to actively participate, use, or complete the programs. The same applies if there are changes to the start or end dates. Enrollment in any individual or group coaching program, services, or VIP session constitutes a non-cancellable agreement and that you have fully read and understood the refund/cancellation policy.
Clients of Virtual Workshops or retreats have up to 1 (one) year from date of payment to attend a virtual workshop or retreat. If Client has not attended a virtual workshop within 1 (one) year, Client payment is non-refundable and program access is forfeited. If a virtual workshop or retreat was offered as a Bonus, once the virtual workshop or retreat has passed, the program is non-refundable, whether or not the client took advantage of the bonus.
After the first session, you have 24 hours to notify us in writing that you would like to withdraw from the program. Otherwise, all private and VIP and Mastermind coaching is non-cancellable and non-refundable.
If you become unavailable for your scheduled session, we require a minimum 24 hours cancellation notice. We will try to work with you to reschedule for another day that suits both parties but that is a courtesy when available, it is NOT guaranteed. A change in your schedule will not grant you a refund of your deposit or your full payment if it has already been made.
Annual and lifetime memberships (any coursework with live coaching modules) are not eligible for refunds due to the time commitment involved and deeply discounted pricing. If you wish to cancel your month-to-month or not renew your quarterly membership in our subscription-based program or Mastermind, cancellation requests are accepted at [email protected] Cancellation requests for month to month or quarterly members must be made minimum 45 days prior to your billing date. Monthly memberships fees paid are not eligible for a refund.
The Company reserves the right to make changes to and reschedule the start and end dates of all individual or group coaching programs, services or VIP sessions at any time at The Company’s discretion.
We cannot and do not guarantee any results. All strategies and information is provided with the understanding that you will make your own independent decisions with respect to your business and career, including any course of action, based on your own judgment.
Your success is your own and we assume you know yourself better than we ever will. Therefore, the final decision whether to go forward with any activity we may recommend or use any materials we may provide will be yours alone. We provide no guarantee or warranty of any kind, express or implied, with respect to the Program, our personnel or the results or consequences of going forward with any activity we may recommend or any materials we may provide. You will remain solely responsible for any liability or other consequences that may arise directly or indirectly from our relationship with you, the Program, or any recommendations or materials we may provide. Under no circumstances shall we have any liability or responsibility for any consequential, exemplary, punitive, special or indirect damages, including lost profits, even if we have been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms and Conditions, we are found to be liable to you for any damage or loss which arises or is in any way connected to your use of our programs or products, our liability to you shall in no event exceed the total amount you have paid us for the Program during the three (3) month period immediately preceding any claim. All matters relating to your access to or use of the Program, including all disputes, will be governed by the laws of the United States and by the laws of the State of NJ USA without regard to its conflicts of laws provisions. Both parties agree to binding arbitration according to NJ law.
You further agree to indemnity and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party due to or arising out of or in connection with your use of the Program. This specifically includes any assistance or direction that you may provide to, or receive from, third-parties.
We agree to keep any confidential information you provide us about you or your business/career strictly confidential. We likewise require that, as a participant in the Program, if we (or any other participants) provide you with any information we designate as confidential, you agree to treat it as such. Breaching confidentiality will result in immediate termination.
You will be notified when we intend to record sessions, and you may request NOT to be included in any recordings in advance. Know that we typically will record group sessions for posting replays within your specific group, for research, marketing or other purposes without your further permission.
PHOTOS AND PUBLICITY
Aside from confidential information, Client grants Company permission to document and showcase your likeness and/or materials in training or marketing collateral without any extra permissions or compensation to the client. We reserve the right to multipurpose any written or video testimonials without requesting further permission.
The relationship hereby established between Company and Client is solely that of independent entities. This Agreement shall not create an agency, partnership, joint venture, franchisor/franchisee or employer/ employee relationship, or fiduciary, and nothing hereunder shall be deemed to authorize either party or any other party to act for, represent or bind the other except as expressly provided in this Agreement.
The parties acknowledge and agree that this writing contains the entire Agreement between the parties hereto, that there are no other representations or understandings, either verbal or written, between the parties, and that this Agreement supersedes any and all prior agreements between the parties. The Agreement shall not be modiﬁed except by written agreement signed by both Company and Client.
(a) This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between the parties hereto pertaining to the subject matter hereof.
BREACH AND DISPUTE RESOLUTION
In the event of a breach of this Agreement by either party, the non-breaching party agrees to provide the breaching party written notice and a thirty (30) day opportunity to cure before terminating this Agreement. In the unlikely event of a dispute, Client acknowledges and agrees that this Agreement is deemed to have been entered into in the State of New Jersey, and its interpretation, construction, and the remedies for its enforcement or breach are to be applied pursuant to and in accordance with the laws of the State of New Jersey.
MEDIATION AND ARBITRATION
In any dispute regarding this Agreement, the Parties agree that except for collections for nonpayment, the sole remedy for the resolution of the dispute shall be through mediation and arbitration. The parties will first attempt to mediate the matter. In the event they are unable to reach an agreement within 60 days, then either party may file for arbitration with the American Arbitration Association or such recognized Arbitration service as the Parties may mutually agree. For the purposes of this agreement and all matters related to it, the laws of the state of New Jersey shall govern and venue for all hearings shall be held in Passaic County, New Jersey. All legal actions must be brought by a single party and cannot be brought in a class. In mediation and arbitration the parties shall pay their own attorney’s fees, cost and reasonable expenses.
All paragraphs dealing with non-disclosure, non compete, confidentiality, non-disparagement, indemnification and mediation and arbitration shall survive termination of this Agreement.
We reserve the right to immediately terminate your participation in the Program at our sole discretion, including but not limited to failing to comply with these Terms and Conditions or creating an environment that negatively impacts the overall group. Such termination can be conveyed orally and will be confirmed in writing. As a participant in the Program, you should not misappropriate the contents, logo and other visual media we have created, as this is our property and it is protected by copyright laws. We further expect that you will comply with all State, Federal, and International Law with respect to your participation in and use of the Program. Further, additional terms and conditions may apply depending on whether you chose to use and/or access other programs and products that we offer. We look forward to working with you and welcome you to the Rock On Success Program!
CHANGES IN POLICY
Business Boomers Inc. reserves the right to modify, alter, delete and update these policies at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions. Please contact us at [email protected] or 973-809-4445 if you have any questions. Thank you, we look forward to doing business with you!