Digital Product(s) Agreement
This Agreement (“Agreement”) is made effective by and between A Bit From Within LLC (the “Company”), and purchaser of the digital product (hereafter “Client”), for the purpose of Client purchasing a digital product from Company’s online shop (the “Product”). Client agrees to the terms and conditions below by checking the box in the online shopping cart checkout or by submitting payment for the Product.
1. Digital Product Usage: After purchasing the digital product, Client will be given access to the product materials in within [48 hours] through a download delivered in his/her email. Client will have lifetime access to the materials so long as the product(s) is/are available.
Company hereby grants to Client one (1) exclusive, non-sub licensable, non-transferable, license to use the Product. Client understands and agrees that the Product materials may not be shared with any third party. In the event Company suspects that the Product is being shared with another party, Company reserves the right to immediately terminate Client’s access to the Product.
Client may use the Product for his/her own personal use. The Product is provided to you AS IS. You may access Content for your personal use solely as intended through the provided functionality of the Service and as permitted under this Agreement.
2. Fees & Payment Processing: In consideration for access to the Product provided by Company, Client agrees to compensate Company the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, Client shall provide a new eligible payment method before receiving access to the Product. In the event the Client has already been given access to the Product and a payment method is declined, Company reserves the right to collect any and all outstanding receivables.
3. Refund Policy: Due to the nature of digital products being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by Client in connection with the Product will be allowed under any circumstances.
4. Personal Information: By purchasing the Product, Client will be asked to provide personal information including his/her name, email address, mailing and billing address. Client agrees to allow Company access to this personal information for all lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information.
The billing information provided to Company by Client will be kept secure and is subject to the same confidentiality and accuracy requirements as Client’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.
5. Copyright: All products including the material delivering the product are copyrighted by the Company and may not be sold, redistributed or given away except for ‘standard permitted use’ as indicated under ‘Digital Product Usage’. The Company maintains the copyright to all Products delivered.
6. Warranties and Liability: Company makes every effort to ensure that the Product is accurate and fit for the use of Company’s customers. However, Company takes no responsibility whatsoever for the suitability of the Product, and Company provides no warranties as to the function or use of the Product, whether express, implied or statutory, including without limitation any warranties of fitness for particular purpose. Client agrees to indemnify Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Client’s breach of these terms and conditions. Company shall not be liable to Client or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
7. Limit of Liability: The Company recommends that you consult your physician regarding the applicability of any recommendations and follow all safety instructions before beginning any exercise program. When participating in any exercise or exercise program, there is the possibility of physical injury. If you engage in this exercise or exercise program, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself.
In no event shall the Company, its officers, directors, employees, contractors, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any A) errors, mistakes, or inaccuracies of content, B) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, C) any authorized access to or use of the Company’s servers and/or any and all personal information and/or financial information stored therein, D) any interruption or cessation of transmission to or from the website, E) any bugs, viruses, trojan horses, or the like which could be transmitted to or through the website by a third party, and/or F) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, downloaded, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Any reference to a person, entity, product, or service on this website does not constitute an endorsement or recommendation by the Company or any of its associates. The Company is not responsible for any third party content on this website.
8. Force Majeure: If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.
9. Guarantees: Company does not make any guarantees as to the results of Client’s use of the Product. Client agrees to take responsibility for Client’s own results with regard to using the Product. In addition, we assume no responsibility for the timeliness, deletion, mid-delivery or failure to store any use communications or settings. Without limiting the foregoing, we make no warranties that A) The Product will meet your requirements, B) The Product will be uninterrupted, timely, secure, or error-free, C) The results that may be obtained from the use of the Product will be effective, accurate, or reliable, Or D) The quality of any Product, Service, or Information purchased or obtained from The Company or our affiliates will meet your expectations or be free from mistakes, errors, or defects.
The Company’s site could include technical or other mistakes, inaccuracies, or typographical errors. We may make changes to the materials and services at this site, including the prices and descriptions of any products listed herein, at any time without notice. The Products at this site may be out of date, and we make no commitment to update such Products.
You understand and agree that temporary interruptions of the Product may occur as normal events. You further understand and agree that we have no control over third party networks that you might access in course of use of the site, and therefore, delays and disruptions of other network transmissions are completely beyond our control.
The use of the services or the downloading or other performance of any Product through this site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage, injury, or loss that results from such activities.
10. Release & Reasonable Expectations: Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s Product will produce different outcomes and results for each Client. Client understands and agrees that: A) Every client and final result using the Product is different, and B) The Product is intended for a mass audience.
11. Entire Agreement: This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
12. Venue and Jurisdiction: The laws of the Colorado shall govern this contract, and any resulting arbitration shall take place within Adams County, Colorado. The Client will assume responsibility for all collection costs and legal fees incurred should enforcement of this Agreement become necessary.
13. Mediation and Arbitration: Any and all disputes or disagreements rising between the parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Adams County, Colorado, unless another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
14. Transfer: This agreement cannot be transferred or assigned to any third party without written consent of both parties.
15. Severability: In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.