Terms & Disclaimer - Five Sights Co.

Terms & Disclaimer

Terms And Conditions

The following is the terms of the agreement between Five Sights Consulting (“Company”) and the buyer (“Buyer”) of goods or Coaching Services (“Coaching”) through the Company’s Web site (the “Site”) and/or purchase of Coaching through The Rapid Confidence Upgrade Program (“Program”) or The Focus & Follow Through Solution Program (“Program”). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:

SERVICES

Buyer agrees to the terms and conditions outlined in this Online Contract (“Contract”) with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or Coaching shall be deemed acceptance of this Contract.

DISCLAIMER.
Buyer understands Company is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional.  Coaching, which is not directive advice, counselling, or therapy, may address overall goals, specific projects, or general conditions in Buyer’s life or profession. Coaching services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training. Company promises that all information provided by Buyer will be kept strictly confidential, as permissible by law.

THE SERVICE, CONTENT, GOODS AND PROGRAMS FROM OR THROUGH THE COMPANY ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE BUYER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.

CONFIDENTIALITY.

This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, Or otherwise, throughout the Term of this Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.

COMPELLED DISCLOSURE OF CONFIDENTIAL INFORMATION.

Notwithstanding anything in the foregoing, in the event that Buyer is required by law to disclose any of the Confidential Information, Buyer will (i) provide Company with prompt notice of such requirement prior to the disclosure, and (ii) give Company all available information and assistance to enable Company to take the measures appropriate to protect the Confidential Information from disclosure.

SETUP AND PAYMENT

Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer’s credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer’s password.

Total price of Program is as listed on the website.  Buyer may pay by monthly installments as listed through PayPal, debit or credit card. Buyer grants Company the authority to charge the card(s) provided on the applicable start date. If a payment is not received by the scheduled date, Company reserves the right to suspend Services until payment is complete.

Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer’s password.

REFUND POLICY

Each good, service or Program purchased through Company is subject to its own refund policy, set out in the the refund policy on the order form used to purchase the good, service or Program. Refunds are not guaranteed and are only given in accordance to certain conditions being met as set out in the individual Program refund policies. If no such refund policy is stated specifically, the Buyer is responsible for full payment of fees for the entire Program, regardless of whether Buyer completes the Program.

BUYER RESPONSIBILITY; NO GUARANTEES.

Buyer accepts and agrees that Buyer is 100% responsible for its progress and results from the Program. Company will provide course material and guide Buyer; however, participation is the one vital element to the Program’s success that relies solely on Buyer. Company makes no representations, warranties or guarantees verbally or in writing regarding Buyer’s performance. Buyer understands that because of the nature of the program and extent, the results experienced by each Buyer may significantly vary. By agreeing to the Terms, Buyer acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Buyer will reach its goals as a result of participation in the Program and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantee other than that the Services offered in this Program shall be provided to Buyer in accordance with the terms of this Agreement.

Earnings Disclaimer

Every effort has been made to accurately represent the products and Program results within The Site. Although personal improvement and business improvement methods are provided here for your own learning purposes, there is no guarantee that you will earn any money using the techniques and ideas in these materials.

Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas, techniques, methods, and the effort put forth.

Your level of success in attaining the results claimed in our materials and Programs depends on the time you devote to the programs, ideas and techniques mentioned, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level.

NON-DISCLOSURE OF COMPANY MATERIALS.

The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site or Program are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.

Material given to Buyer in the course of Buyer’s work with the Company is proprietary, copyrighted and developed specifically for Company. Buyer agrees that such proprietary material is solely for Buyer’s own use. Any disclosure to a third party is strictly prohibited.

Further, by accepting these terms Buyer agrees that if Buyer violates, or displays any likelihood of violating, any of Buyer’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

Editing, Deleting, and Modification

Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site or in its Programs and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.

Right to Refuse

Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.

TERMINATION.
Company is committed to providing all buyers in the Program with a positive Program experience. By checking agreement checkbox, Buyer agrees that the Company may, at its sole discretion, terminate this Agreement and limit, suspend or terminate Buyer’s participation in the Program without refund or forgiveness of monthly payments if Buyer becomes disruptive or upon violation of the terms.  If Buyer decides to terminate this Agreement, no refunds will be issued.

Indemnification

Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the Site.

Governing law

This Contract shall be treated as though it were executed and performed in British Columbia, Canada and shall be governed by and construed in accordance with the laws of British Columbia, Canada (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within 90 Days after any purchase or be forever waived and barred. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.

DISPUTE RESOLUTION.

If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to binding arbitration. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Surrey, BC. 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 in equity, as circumstances may indicate.

Litigation

All legal proceedings arising out of or in connection with this Contract shall be brought solely in British Columbia, Canada and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Acknowledgment

This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE AGREEMENT, please click the “I Agree” button below. If you do not agree to the terms of the Subscriber Agreement, please click the “I Don’t Agree” button to log off the system.

If you don’t click on “I Agree” then you will not be able to purchase any goods or services or Programs.