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LEGAL TERMS

Terms of Purchase - Digital Wealth Academy Last modified: April 2, 2024

  • 1. PARTIES. In consideration for being permitted to use, access, and resell the Digital Wealth Academy online course (the “Product”), and the value you will derive from using, accessing, and reselling the Product, you agree to these Terms of Purchase. These Terms of Purchase are entered into between you (hereinafter “you” or “Licensee”) and DIGITAL WEALTH ACADEMY LLC, a Florida limited liability company (hereinafter “Company,” “Licensor,” “we,” or “our”). You and Company are collectively referred to herein as the “Parties.”

  • 2. ACCEPTANCE OF PURCHASE TERMS. The following Purchase Terms (“Terms”) govern your use, access and resale of the Product. These Terms are legally binding and it is your responsibility to read them before you begin to use, access or resell the Product. Your act of purchasing, using or distributing the Product, whether directly from the Company or an authorized licensee, constitutes your acceptance of these Terms, including any modifications or updates that the Company may make to these Terms from time to time. Any modifications or updates will be effective immediately upon notice to you, which may be given by any reasonable means, including by email or through an update posted on a website provided by the Company.

  • 3. TERM. These Terms shall be effective on the date of Licensee’s purchase of the Product and shall continue in full force and effect until terminated as provided herein. Upon termination or expiration of the term, all rights granted to Licensee under these Terms, including the right to resell the Product, shall immediately cease and Licensee shall immediately cease all use, promotion and sales of the Product. Termination or expiration of these Terms shall not affect any rights or obligations that: (a) are intended to survive termination (including, but not limited to, indemnification and limitations of liability); and/or (b) arose prior to such termination.

  • 4. PAYMENT. In full consideration for the Company’s performance, obligations and rights granted hereunder, Licensee agrees to: (1) pay in full the amount of $497.00 at the time of registration; or (2) pay in 3 monthly installments of $165.00 per installment, with the first installment due at the time of registration. Licensee may choose to finance payments through third party companies After Pay or Klarna. All payments made by Licensee to the Company are non-refundable. If Licensee elects to pay in monthly installments, payment will automatically be charged by the Company on a monthly basis. If Licensee elects to pay in monthly installments, Licensee may not terminate or cancel any future payment obligations. If Licensee elects to pay in monthly installments, Licensee authorizes the Company to maintain Licensee’s account and payment information and to automatically charge such account in accordance with these Terms. Due to the nature and immediate access to the Product, if Licensee discontinues use of the Product, Licensee agrees to remain responsible for all outstanding payments for the remainder of the Term. Payment will be collected by Company via Credit Card and through Company's website. Licensee authorizes Company to charge its credit/debit card on file for any outstanding fees. Failure to pay will result in termination of the license granted hereunder, effective immediately. Licensee agrees and warrants that all payment instruments, credit cards and related information, i.e., billing address, used in connection with Licensee's purchase of the Product are correct and that Licensee is authorized to use such payment instrument.

  • 5. LATE FEES. If the Company does not receive payment from Licensee within fourteen (14) calendar days of the payment date, Licensee will be charged a late fee of 1.5% of the outstanding amount for each day the Company does not receive payment.

  • 6.CHARGEBACKS. Licensee must make every effort to request a refund before attempting a payment reversal with a financial institution. Licensee will remain liable for amounts due under these Terms in the event of a payment dispute with a financial institution. In the event of an attempted payment reversal, Licensee expressly agrees to relinquish any and all intellectual property licenses and/or deliverables granted to Licensee in exchange for the purchase of the Product. Company reserves the right to present proof of purchase and these Terms to the financial institution investigating the dispute.

  • 7. PRODUCT LICENSE. By purchasing the Product, and only after full payment of the Product price, unless otherwise provided herein, Licensee is granted a non-exclusive license to resell the Product to others under Master Resell Rights. Master Resell Rights allow Licensees the right to resell and redistribute a given product while retaining the profits from the sales. This license does not include any right to use or incorporate the Company’s videos into the online course. This license extends only to the files and text included in the Product. If Licensee wishes to incorporate videos with their online course, Licensee must incorporate their own videos. Upon receipt by Company of Licensee’s full payment for the Product in the amount of $497.00 or if Licensee chooses to make monthly payments to Company through third party companies After Pay or Klarna, Licensee may sell the Product as many times as desired and retain the profits. Licensee is not permitted to modify or alter the Product in any way unless expressly provided herein. Licensee is permitted to create its own brand and claim ownership over this sales process. Licensee is not permitted to use the Company's trademark or intellectual property for any purpose. Licensee may transfer the resale rights to the Product if and only if the Product is sold for a minimum price of $497.00.8.

  • 8. INTELLECTUAL PROPERTY. All copyrights, patents, trademarks, trade secrets and other intellectual property rights in the Product are and will remain the exclusive property of the Company/Licensor. Licensee is granted a non-exclusive, non-transferable, revocable right to resell the Product in accordance with these Terms. These Terms do not grant Licensee any rights of ownership in or related to the Product, or any intellectual property rights owned by the Company. Licensee shall not attempt to register, or assist others in registering, any trademark, copyright or other intellectual property that is substantially similar to that of the Company. In the event Licensee becomes aware of any potential infringement of the Company's intellectual property rights, Licensee shall immediately notify the Company in writing.

  • 9. LICENSE RESTRICTIONS. Licensee shall not modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise tamper with the Product, with the exception of filming and incorporating Licensee’s own videos. Notwithstanding the foregoing, these restrictions include, but are not limited to: (1) Selling portions of the Product; (2) Renaming the Product; (3) Altering material within the Product; (4) Altering the creator of the Product. Licensee shall not claim ownership of the copyright in the Product. Licensee shall not impersonate the Company in any way, including the Company’s business, brand name, content, other products, and other intellectual property.

  • 10. RESELLING RESTRICTIONS. Licensee may resell the Product to end users without transferring the Master Resell Rights. Resale to other resellers is permitted. If Licensee is reselling the Master Resell Rights for this Product, Licensee agrees to include these Terms with the Product and to ensure that all customers adhere to these Terms. Failure to comply with these Terms will result in revocation of Licensee's resale rights, termination of Licensee's license under these Terms, and Company will take legal action for damages caused by misuse of this Product. Licensee is not permitted to offer the Product for free, or as part of a free package; however, Licensee may include additional content or opportunities with the Product, so long as such opportunities do not conflict with the content of the Product or the content of the Product.

  • 11. MARKETING RESTRICTIONS. All marketing or promotional activities undertaken by Licensee must accurately reflect the purpose and capabilities of the Product. Marketing of the Product under false pretenses, misrepresentation, or any form of deceptive practice is strictly prohibited and constitutes a material breach of these Terms. Licensee shall bear all liability for any false, misleading, or inaccurate representations made regarding the Product. Company does not endorse or permit the use of income claims for purposes of marketing the Product unless there is an express, written earnings disclaimer prominently displayed in such marketing materials. Licensee agrees to indemnify Company for any damages sought by Licensee that are a direct result of advertising income claims. Licensee agrees that it is responsible for its own business and that Company is not a party to, nor does it endorse the actions of, its business entity. On one occasion only per month, Licensee is permitted to offer a $50.00 gift card promotion to its customers. Licensee is not permitted to offer a gift card promotion under any other circumstances unless expressly provided herein, and may not offer a gift card promotion for an amount exceeding $50.00.

  • 12. PAYMENT PLATFORMS. Licensee acknowledges and agrees to use third party payment platforms (“Payment Platform”) for the sale and distribution of the Product. Licensee agrees to comply with all terms, conditions, policies and guidelines of the Payment Platform and to conduct all transactions in compliance with all applicable laws and regulations. Licensee shall indemnify, defend and hold harmless the Company, its officers, directors, employees, agents, successors and assigns from and against any losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of any kind, including attorneys’ fees, arising out of or related to Licensee’s use of the Payment Platform, including but not limited to Licensee’s failure to comply with the terms, conditions, policies, guidelines of the Payment Platform or any applicable laws or regulations. The Company is not responsible or liable for any aspect of the Payment Platform, including, but not limited to, the availability, accuracy, reliability, or legality of the Payment Platform. The Company makes no representations, warranties, or guarantees regarding the Payment Platform. Licensee acknowledges and agrees that any dispute or claim arising out of or relating to the Payment Platform is between Licensee and the Payment Platform, and the Company shall have no liability or obligation related thereto.

  • 13. MINIMUM SALE PRICE. Licensee agrees that the minimum sale price for the Product shall be $497.00 (“Minimum Sale Price”). Any discounts, promotions or other pricing strategies employed by Licensee must maintain the sale price at or above the Minimum Sale Price. In no event shall Licensee offer or apply any discounts or promotions that result in the sale price of the Product below the Minimum Sale Price. Licensee acknowledges and agrees that failure to meet the Minimum Sale Price may result in the immediate termination of these Terms and Licensee’s license, at the Company’s sole discretion, in addition to any other remedies available to Company under law or equity. Licensee is permitted to offer gifts or bonuses as part of the promotion of the Product, provided that such offers do not operate as a discount on the sale price of the Product. Licensee acknowledges and agrees that any gift or bonus offered must be separate from and not tied to a reduction in the selling price of the Product below the Minimum Selling Price. On one occasion only per month, Licensee is permitted to offer a $50 gift card promotion to its customers.

  • 14. MODIFICATION OF AGREEMENT. Licensee acknowledges and agrees that these Terms constitute the complete and exclusive statement of the agreement between Licensee and the Company, and that they supersede all prior proposals or agreements, oral or written, and all other communications between the parties relating to the subject matter of these Terms. Licensee is not permitted to modify or amend these Terms in any way without the express written consent of the Company. Any unauthorized modification or amendment shall be null and void. Licensee agrees not to enter into any other agreement or contract that supersedes, alters or conflicts with these Terms. Any such agreement or contract shall be null and void to the extent that it conflicts with these Terms. Licensee acknowledges and agrees that it is his or her sole responsibility to review these Terms periodically to familiarize himself or herself with any modifications. Continued use of the Product after any modifications constitutes Licensee's agreement to such modifications.

  • 15. REFUND POLICY. Licensee acknowledges and agrees that due to the downloadable nature of the Product, all sales of the Product are final and non-refundable. Licensee must clearly communicate this return policy to its customers prior to the sale of the Product, ensuring that customers understand that they are purchasing a non-refundable product. Failure to comply with this return policy or any misrepresentation thereof to customers may result in immediate termination of these Terms, at the Company’s sole discretion, in addition to any other remedies available to the Company under law or equity.

  • 16. CONFIDENTIAL INFORMATION. Licensee acknowledges that it may have access to confidential and proprietary information ("Confidential Information") of the Company. Confidential Information includes, but is not limited to, customer lists, business plans, financial data, marketing plans, product specifications, and other proprietary knowledge relating to the Product or the Company. Licensee agrees that it will not disclose, disseminate, or otherwise make available any Confidential Information received from the Company, directly or indirectly, to any third party without the prior written consent of the Company. Licensee further agrees to take all reasonable precautions to prevent any unauthorized use, disclosure, dissemination, or publication of Confidential Information, including ensuring that any employees, contractors, or other agents who have access to Confidential Information sign a confidentiality agreement.

  • 17. AUDIT RIGHTS. Company reserves the right to audit, in its sole discretion and at any reasonable time, Licensee’s books, records, and operations relating to the use, sale, and distribution of the Product to ensure compliance with these Terms. Company reserves the right to inspect and approve the Product before it is made available to the public.

  • 18. INDEMNIFICATION. Licensee agrees to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors and permitted assigns (collectively, "Indemnified Party"), from and against any loss, damage, liability, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of any kind, including reasonable attorneys' fees, costs and expenses of enforcing any right to indemnification under these Terms and the cost of pursuing any insurance providers, arising out of or in connection with any claim by a third party related to, but not limited to: (a) any breach or failure to comply with any representation, warranty or covenant contained in these Terms, or any other agreement contemplated hereby, by Licensee; (b) any use or misuse of the Product by Licensee or any third party accessing the Product through Licensee; or (c) any infringement of intellectual property rights arising from Licensee's unauthorized use or modification of the Product.

  • 19. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall Company, its affiliates, directors, employees, or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use of, or inability to use, the Product. Under no circumstances shall Company be liable for any damage, loss or injury resulting from hacking, tampering or other unauthorized access to or use of the Product or the information contained therein in excess of $497.00, the purchase price of the Product. To the maximum extent permitted by applicable law, Company assumes no responsibility or liability for (a) errors, mistakes or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from Licensee’s access to and use of the Product; (c) unauthorized access to or use of the Company's secure servers and/or any personal information stored therein; (d) interruption or cessation of transmission to or from the Product; (e) bugs, viruses, Trojan horses or the like which may be transmitted to or through the Product by any third party; (f) errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Product; and/or (g) user content or the defamatory, offensive or illegal conduct of any third party.

  • 20. TERMINATION OF LICENSE. Licensee acknowledges and agrees that any violation of these Terms, including but not limited to the sale, distribution, modification or unauthorized use of the Product, will result in the immediate termination of the license granted herein. Upon termination of the license, Licensee shall immediately cease all use, sale, distribution and promotion of the Product and all associated materials. Licensee shall also remove the Product from all platforms where it may be available, including but not limited to websites, membership sites and online stores. Licensee understands and agrees that termination of the license does not absolve Licensee of any obligations under these Terms, including but not limited to the obligation to maintain the Minimum Sale Price and to refrain from offering the Product as a bonus or selling it on auction sites. Upon termination of the license, Company reserves the right to seek all legal remedies available under law or equity.

  • 21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES. Using the Product, sending emails to the Company, and completing online forms constitute electronic communications. Licensee consents to receive electronic communications and agrees that all agreements, notices, disclosures, and other communications provided to Licensee electronically by the Company, via email and on the Product, satisfy any legal requirement that such communication be in writing. LICENSEE HEREBY CONSENTS TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY THE COMPANY OR VIA THE PRODUCT. Licensee hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

  • 22. FORCE MAJEURE. If either Party hereunder is unable to perform any of its obligations hereunder, other than payment, by reason of fire or other calamity, strike, act or order of a public authority, global pandemic, administrative order of a governmental authority, act of God, or other cause beyond the control of such Party (hereinafter, a “Force Majeure Event”), then such Party shall be excused from such performance during the pendency of such cause. COVID-19 and any related government orders or closures are known phenomena and are not Force Majeure events. The Party suffering a Force Majeure Event shall give written notice within five (5) days of the Force Majeure Event to the other Party, indicating the period of time for which the occurrence is expected to continue, and shall use diligent efforts to terminate the failure or delay and ensure that the effects of such Force Majeure Event are minimized.

  • 23. PRIVACY. Licensee agrees that all information provided to the Company for the purchase of the Product, including but not limited to the use of any interactive features on the Company's website, is governed by the Company's Privacy Policy, and Licensee consents to all actions taken by the Company with respect to Licensee's information consistent with the Company's Privacy Policy. 24. DISCLAIMER OF WARRANTIES. Licensee's use and resale of the Product is at its own risk and is provided "as is" and "as available" without any warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

  • 25. DISCLAIMER OF EARNINGS. While the Company may make reference to certain results, outcomes or situations in connection with the Product, Licensee understands and acknowledges that the Company does not guarantee the accuracy of third party statements made or the likelihood of success as a result of such statements. Licensee understands that individual results and outcomes will vary. The Company cannot guarantee Licensee's success solely through the use and resale of the Product. Any results provided in connection with the Product are not guaranteed or typical.

  • 26. TECHNOLOGY DISCLAIMER. The Company makes reasonable efforts to provide the Licensee with modern and reliable technology. However, in the event of a technological failure, the Licensee accepts and acknowledges the Company's lack of responsibility for such failure. The Company cannot guarantee that all information provided in connection with the Product is completely accurate, complete or up to date, and disclaims liability for any errors or omissions.

  • 27. WARRANTIES AND REPRESENTATIONS. The Parties represent and warrant to each other that each is free to enter into and agree to these Terms and that this engagement does not violate the terms of any agreement between either Party and any third party. The Parties represent and warrant to each other that each is at least 18 years of age at the time of entering into these Terms.

  • 28. ASSUMPTION OF RISK. By using and reselling the Product, whether paid or unpaid, Licensee assumes the risk of such access and any subsequent actions Licensee chooses to take as a result of the informational or educational materials provided to Licensee. 29. WAIVER. The Company's failure to enforce any provision of these Terms will not constitute a present or future waiver of such provision nor limit the Company's right to enforce such provision at a later time. All waivers by the Company must be in writing to be effective.

  • 30. LIMITATION ON TIME TO BRING CLAIMS. Any cause of action or claim Licensee may have arising out of or related to these Purchase Terms or the Product must be commenced within one (1) year after the cause of action arises; otherwise, such cause of action or claim will be permanently barred. 31. SEVERABILITY. If any part of these Terms is held to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. Any invalid or unenforceable portions will be construed to affect the intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from these Terms, but the remainder will remain in full force and effect.

  • 32. NOTICES. All notices, claims and demands made against the Company under these Terms must be in writing and directed to the Company at the email address set forth below. A notice by a Party is effective only if the Party sending the Notice has complied with the requirements of this Section. Notice to the Company: The Digital Wealth Academy LLC Attention: Rachell Jova Rachell@digitalwealthacademy.biz

  • 33. GOVERNING LAW. These Terms will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule.

  • 34. MEDIATION. In the event a dispute arises between the Parties relating to or arising out of these Terms, the Parties agree to attempt to resolve the dispute through mediation. Mediation will take place in Hollywood, Florida, or remotely via Zoom. The Parties agree to cooperate with each other in selecting a mediation service, and shall cooperate with the mediation service and each other in selecting a neutral mediator and scheduling mediation proceedings. For mediation, the Parties agree to use commercially reasonable efforts to commence mediation within 15 business days of selecting the mediator and to conclude the mediation within 30 days of commencing mediation. The costs of mediation will be shared equally between the Parties. If the Parties are unable to reach an agreement at the conclusion of mediation, the requesting party may commence legal proceedings to resolve the dispute.

  • 35. JURISDICTION AND VENUE. If the Parties are unable to resolve any dispute for any reason, including, but not limited to, the failure of either party to agree to enter into mediation or to agree to any settlement proposed by the mediator, either party may bring a lawsuit in a court of competent jurisdiction in the state or federal courts of Florida, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.