TERMS OF SERVICE
When addressing financial matters in any of our Sites, videos, newsletters or other content, we’ve taken every effort to ensure we accurately represent our programs and their ability to grow your business and improve your life. However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations. This is not a “get rich scheme.” Nothing on our Sites is a promise or guarantee of earnings. Your level of success in attaining similar results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name a few. Because these factors differ according to individuals, we cannot and do not guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our Sites are simply our opinion and thus are not guarantees or promises for actual performance. It should be clear to you that by law we make no guarantees that you will achieve any results from our ideas or models presented on our Sites, and we offer no professional legal, medical, psychological or financial advice.
No Professional Advice
The information contained in or made available through our sites (including but not limited to information contained on videos, message boards, comments, on coaching calls, in emails, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
The Testimonials Featured On Our Website
In accordance with the latest FTC guidelines, we want to make it explicitly clear that the customer letters we have received are based on the unique experiences and circumstances of a few people only. We cannot promise that you will experience similar benefits from using our products or services.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Heidi DeCoux and Illuminated Ventures (known as “Company”) located at 954 Avenida Ponce De Leon Suite 205 – PMB # 10389 San Juan, Puerto Rico 00907, and our subsidiaries and affiliates, in association with the use of the websites:
In this set of Terms Of Service, all of these websites are known as (the “Site”) and its Services, which shall be defined below.
TERMS OF AGREEMENT
By clicking “I Agree”, emailing your statement of agreement, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, into any of our programs or services, you (“Client”) are entering into a legally binding agreement with Heidi DeCoux and Illuminated Ventures a Puerto Rico Corporation (“Company”), according to the following terms and conditions:
OUR REFUND POLICY
All consulting services and programs are non-refundable.
Upon execution of this Agreement, electronically, verbally, written or otherwise, the Company agrees to render services related to education, seminar, consulting, coaching, and/or business coaching (the “Program”). The terms of this Agreement shall be binding for any further goods/services supplied by the Company to Client. Parties agree that the Program is in the nature of coaching and education. The scope of services rendered by the Company pursuant to this contract shall be solely limited to those contained therein and provided for on the Company’s website as part of the Program. The Company reserves the right to substitute services equal to or comparable to the Program for Client if the need arises.
Client agrees to compensate the Company according to the payment schedule set forth on the Company’s website, or via email, or Payment Schedule and the payment plan selected by Client (the “Fee”) or otherwise noted in this agreement. The Company shall charge a 5% (five-percent) late penalty to all balances that are not paid in a timely manner by Client.
CHARGEBACKS AND PAYMENT SECURITY
To the extent that Client provides the Company with credit card(s) information for payment on Client’s account, the Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates set forth herein. If client uses a multiple-payment plan to make payments to the Company, the Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any charge backs to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. Client is responsible for any fees associated with recouping payment on charge backs and any collection fees associated therewith. Client shall not change any of the credit card information provided to the Company without notifying the Company in advance.
NO RESALE OF SERVICES PERMITTED
Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferrable or assignable without the Company’s prior written consent.
NO TRANSFER OF INTELLECTUAL PROPERTY
The Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of the Company’s intellectual property for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from the Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including the Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute the Company’s materials is granted or implied.
LIMITATION OF LIABILITY
By using the Company’s services and enrolling in the Program, Client releases the Company, it officers, employers, directors, and related entities from any and all damages that may result from anything and everything. The Program is only an educational/coaching service being provided. Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transactions. Regardless of the previous paragraph, if the Company is found to be liable, the Company’s liability to Client or to any third party is limited to the lesser of: (a) the total fees Client paid to the Company in the one month prior to the action giving rise to the liability, and (b) $1000. All claims against the Company must be lodged with the entity having jurisdiction within 100 days of the date of the first claim or otherwise be forfeited forever. Client agrees that the Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Company’s services or enrollment in the Program. Client agrees that use of the Company’s services is at Client’s own risk.
DISCLAIMER OF GUARANTEE
Client accepts and agrees that she/he is 100% responsible for her/ his progress and results from the Program. Client accepts and agrees that she/he is the one vital element to the Program’s success and that the Company cannot control Client. The Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. The Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. The Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same results.
To the extent that Client interacts with the Company staff and/or other Company clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients. Client agrees to abide by any Course Rules/Regulations presented by the Company. The failure to abide by course rules shall be cause for termination of this Agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
USE OF COURSE MATERIALS
Client consents to recordings being made of courses and the Program. The Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by the Company, without compensation to the Client. Client consents to its name, voice, and likeness being used by the Company for future lecture, teaching, and marketing materials, and further other goods/services provided by the Company, without compensation to the Client.
NO SUBSTITUTE FOR MEDICAL TREATMENT
Client agrees to be mindful of his/her own well-being during the course and seek medical treatment (including, but not limited to psychotherapy), if needed. The Company does not provide medical, therapy, or psychotherapy services. The Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.
In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable. The Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to the Company, Client shall be barred from using any of the Company’s services.
The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs. The Company agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client, the coaching session with the Company, or otherwise, without the written consent of Client. The Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
Client shall defend, indemnify, and hold harmless Company, the Company’s shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by the Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. The Company recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
In the event of any conflict between the provisions contained in this Contract and any marketing materials used by the Company, the Company’s representatives, or employees, the provisions in this Agreement shall be controlling.
CHOICE OF LAW/VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the state of California, Los Angeles County, pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties. SURVIVABILITY. The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
If any of the provisions contained in this Agreement, or any part thereof, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
DESCRIPTION OF WEBSITE SERVICES OFFERED
To provide information, education and collateral solely for the use of clients of the Company.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of the Company. At its discretion, the Company may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. The Company does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that the Company shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided Services.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such the Company shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
To register and become a “member” of the Site, you must be 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving our Services under the laws and statutes of the United States or other applicable jurisdiction.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
1. furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
2. maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, the Company will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of the Company Services, or any portion thereof.
It is the Company’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the our website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
Upon execution by clicking “I agree,” or emailing a statement of agreement, or signing below, or on the reverse of this document, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT.
An electronic executed copy, or acceptance of this Agreement via an order form shall constitute a legal and binding instrument with the same effect as an originally signed copy.
Please report any and all violations of this TOS to us as follows:
Our Mailing Address:
Illuminated Ventures LLC
Attn: Copyright Agent
954 Avenida Ponce De Leon
Suite 205 – PMB # 10389
San Juan, Puerto Rico 00907