Last modified: April 2, 2024
- PARTIES.
Whereas you are permitted to use, access, and resell the Digital Wealth Academy online course (the “Product”), and the value you will receive from using, accessing, and reselling the Product, you hereby accept these Purchase Terms. These Purchase Terms are entered into between you (hereinafter “you” or “Licensee”) and THE DIGITAL WEALTH ACADEMY LLC, a Florida limited liability company (hereinafter “Company,” “Licensor,” “we,” or “us”). In this document, you and the Company are collectively referred to as the “Parties.” - 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 using, accessing, or reselling the Product. Your act of purchasing, using, or distributing the Product, whether directly from the Company or from 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 such modifications or updates will become effective immediately after you are notified, which may be done by any reasonable means, including email or by posting an update on a website provided by the Company.
- TERM.
These Terms will commence on the date of the Licensee’s purchase of the Product and will continue in full force and effect until terminated as provided herein. Upon termination or expiration of the term, all rights granted to the Licensee under these Terms, including the right to resell the Product, will cease immediately, and the Licensee will immediately cease all use, promotion, and sale of the Product. Termination or expiration of these Terms will not affect any right or obligation that: (a) is intended to survive termination (including, without limitation, indemnification and limitations of liability); and/or (b) has accrued prior to such termination. - PAYMENT.
In full consideration of the performance of the Company, the obligations and rights granted herein, the Licensee agrees to pay the total amount of $497.00 at the time of registration. The Licensee may choose to finance payments through third-party companies After Pay or Klarna. All payments made by the Licensee to the Company are non-refundable. If the Licensee opts to pay in monthly installments, the Company will automatically charge the monthly payment. If the Licensee opts to pay in monthly installments, the Licensee may not terminate or cancel any future payment obligations. If the Licensee chooses to pay in monthly installments, the Licensee hereby authorizes the Company to maintain the Licensee’s account and payment information and automatically charge that account in accordance with these Terms. Due to the nature of the Product and immediate access, if the Licensee discontinues use of the Product, the Licensee agrees to remain responsible for all outstanding payments for the remainder of the Term. Payment will be collected by the Company via credit card and through the Company’s website. The Licensee hereby authorizes the Company to charge any outstanding fees to the registered credit/debit card. Failure to pay will result in the termination of the license granted herein effective immediately. The Licensee agrees and warrants that all payment instruments, credit cards, and related information, i.e., billing address, used in connection with the Licensee’s purchase of the Product are correct and that the Licensee is authorized to use such payment instrument. - LATE PAYMENT CHARGES.
If the Company does not receive the Licensee’s payment within fourteen (14) calendar days after any payment due date, a late charge of 1.5% of the outstanding amount will be charged for each day that the Company does not receive payment. - CHARGEBACK RETURNS.
The Licensee must do everything possible to request a refund before attempting a chargeback with a financial institution. The Licensee remains responsible for amounts owed under these Terms if the Licensee disputes payment with a financial institution. In the event of an attempted chargeback, the Licensee expressly agrees to forfeit all and any intellectual property licenses and/or deliverables granted to the Licensee in exchange for the purchase of the Product. The Company reserves the right to present proof of purchase and these Terms to the financial institution investigating the dispute. - PRODUCT LICENSE.
By purchasing the Product, and only after full payment of the purchase price of the Product, unless otherwise indicated herein, a non-exclusive license is granted to the Licensee to resell the Product to third parties with Master Resale Rights. The master resale rights grant the right to resell and redistribute a specific product, retaining the profits from the sales. This license does not include any rights over the use or incorporation of the Company’s videos within the online course. This license extends only to the files and texts included in the Product. If the Licensee wishes to incorporate videos into their online course, they must incorporate their own videos. Upon the Company receiving full payment from the Licensee for the Product in the amount of $497.00, or if the Licensee opts to make monthly payments to the Company through third-party companies, After Pay or Klarna, the Licensee may sell the Product as many times as desired and retain the profits. The Licensee is not authorized to modify or alter the product in any way, unless expressly indicated herein. The Licensee may mark their own sales process and claim ownership over such sales process. The Licensee may not use the Company’s trademark or intellectual property for any purpose. The Licensee may transfer the resale rights of the Product if and only if the Product is sold for a minimum price of $497.00. - INTELLECTUAL PROPERTY.
All copyrights, patents, trademarks, trade secrets, and other intellectual property rights in and to the Product are and shall remain the sole and exclusive property of the Company/Licensor. The Licensee is granted a non-exclusive, non-transferable, and revocable right to resell the Product in accordance with these Terms. These Terms do not transfer to the Licensee any ownership rights in the Product or any related rights, nor any intellectual property rights belonging to the Company. The 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. If the Licensee becomes aware of any possible infringement of the Company’s intellectual property rights, they shall immediately notify the Company in writing. - LICENSE RESTRICTIONS.
The Licensee will not modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise manipulate the Product, except to film and incorporate their own videos. Notwithstanding the above, these restrictions include, but are not limited to, the following: (1) Selling portions of the Product; (2) Changing the name of the Product; (3) Altering the material within the Product; (4) Changing the creator of the Product. The Licensee will not claim ownership of the copyright of the Product. The Licensee will not impersonate the Company in any manner, including the Company’s business, brand name, content, other products, and other intellectual properties. - RESELLING RESTRICTIONS.
The Licensee may resell the Product to end users without transferring the Master Resale Rights. Reselling to other resellers is permitted. If reselling the Master Resale Rights of this Product, the Licensee agrees to include these Terms with the product and ensure that all customers comply with these Terms. Non-compliance with these Terms will result in the revocation of the Licensee’s resale rights, termination of the Licensee’s license under these Terms, and the Company will take legal action for damages caused by the misuse of this Product. The Licensee may not offer the Product for free or as part of a free package; however, the Licensee may include additional content or opportunities with the Product, provided that such opportunities do not conflict with the Product or the content of the Product. - MARKETING RESTRICTIONS.
Any marketing or promotional activities conducted by the Licensee must accurately reflect the purpose and capabilities of the Product. Marketing the Product with false pretenses, misrepresentations, or any form of deceptive practice is strictly prohibited and constitutes a material breach of these Terms. The Licensee will assume all responsibility for any false, misleading, or inaccurate statements made regarding the Product. The Company does not endorse or allow the use of income statements for marketing the Product unless there is a written disclaimer about the profits highlighted in such marketing materials. The Licensee agrees to indemnify the Company for any damage claimed by the Licensee that is a direct result of advertising revenue claims. The Licensee agrees that they are responsible for their own business and that the Company is not part of or endorses the actions of their business entity. On a single occasion each month, the Licensee may offer a promotion of a $50.00 gift card to their customers. The Licensee may not offer a gift card promotion under any other circumstance unless expressly stated in this document and may not offer a gift card promotion for any value exceeding $50.00. - PAYMENT PLATFORMS.
The Licensee acknowledges and agrees to utilize third-party payment platforms (“Payment Platform”) for the sale and distribution of the Product. The Licensee agrees to comply with all terms, conditions, policies, and guidelines of the Payment Platform and conduct all transactions in compliance with all applicable laws and regulations. The Licensee will indemnify, defend, and hold harmless the Company, its employees, directors, agents, successors, and assigns from and against all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interests, awards, penalties, fines, costs, or expenses of any kind, including reasonable attorneys’ fees, that arise from or are related to the Licensee’s use of the Payment Platform, including but not limited to the Licensee’s noncompliance with the terms, conditions, policies, and guidelines of the Payment Platform or any applicable law or regulation. The Company is not responsible for any aspect of the Payment Platform, including without limitation the availability, accuracy, reliability, or legality of the Payment Platform. The Company makes no representations or warranties regarding the Payment Platform. The Licensee acknowledges and agrees that any dispute or claim arising from or related to the Payment Platform is between the Licensee and the Payment Platform, and the Company will have no liability or obligation in relation thereto. - MINIMUM SALE PRICE.
The Licensee agrees that the minimum sale price of the Product will be $497.00 (“Minimum Sale Price”). Any discounts, promotions, or other pricing strategies employed by the Licensee must maintain the sale price at or above the Minimum Sale Price. Under no circumstances will the Licensee offer or apply discounts or promotions that result in the sale price of the Product falling below the Minimum Sale Price. The Licensee acknowledges and agrees that noncompliance with the Minimum Sale Price may result in the immediate termination of these Terms and the Licensee’s license, at the sole discretion of the Company, in addition to any other remedies available to the Company at law or in equity. The Licensee may offer giveaways or bonuses as part of the promotion of the Product, provided that such offers do not function as a discount on the sale price of the Product. The Licensee acknowledges and agrees that any giveaway or bonus offered must be independent and not linked to a reduction in the sale price of the Product below the Minimum Sale Price. On a single occasion each month, the Licensee may offer a promotion of a $50 gift card to their customers. - CONTRACT MODIFICATION.
The Licensee acknowledges and agrees that these Terms constitute the complete and exclusive statement of the agreement between the Licensee and the Company, and supersede all prior proposals or agreements, oral or written, and all other communications between the parties relating to the subject matter of these Terms. The Licensee may not modify or amend these Terms in any way without the express written consent of the Company. Any unauthorized modification or amendment will be null and void. The Licensee agrees not to enter into any other contract or agreement that supersedes, modifies, or conflicts with these Terms. Any such contract or agreement will be null and void to the extent that it conflicts with these Terms. The Licensee acknowledges and agrees that it is their sole responsibility to periodically review these Terms to become familiar with any modifications. Continued use of the Product after such modifications constitutes the Licensee’s acceptance of those changes. - REFUND POLICY.
The Licensee acknowledges and agrees that due to the nature of the downloadable Product, all sales of the Product are final and non-refundable. The Licensee must clearly communicate this return policy to their customers prior to the sale of the Product, ensuring that customers understand they are purchasing a non-refundable product. Failure to comply with this return policy or any misrepresentation of it to customers may result in the immediate termination of these Terms, at the sole discretion of the Company, in addition to any other remedies available to the Company at law or in equity. - CONFIDENTIAL INFORMATION.
The Licensee acknowledges that they 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 related to the Product or the Company. The Licensee agrees that they will not disclose, distribute, or make available to any third party any Confidential Information received from the Company, directly or indirectly, without the prior written consent of the Company. The Licensee further agrees to take all reasonable precautions to prevent any unauthorized use, disclosure, distribution, or publication of Confidential Information, including ensuring that any employee, contractor, or other agent with access to Confidential Information signs a confidentiality agreement. - RIGHTS TO AUDIT.
The Company reserves the right to audit, at its sole discretion and at any reasonable time, the books, records, and operations of the Licensee related to the use, sale, and distribution of the Product to ensure compliance with these Terms. The Company reserves the right to inspect and approve the Product before it is made available to the public. - INDEMNIFICATION.
The Licensee agrees to indemnify, defend, and hold harmless the Company and its employees, directors, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) from and against all losses, damages, liabilities, deficiencies, and claims, actions, judgments, settlements, interests, awards, penalties, fines, costs, or expenses of any kind, including reasonable attorney’s fees, that are claimed or arise from any (i) breach or non-compliance by the Licensee of any of these Terms; (ii) any act or omission of the Licensee; or (iii) any third-party claim related to the use, sale, or distribution of the Product by the Licensee. - LIMITATION OF LIABILITY.
To the maximum extent permitted by applicable law, in no event shall the Company, its affiliates, directors, officers, or 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 arising out of or in connection with the use or inability to use the Product. In no event shall the Company be liable for any damages, losses, or injuries resulting from hacking, tampering, or other unauthorized access or use of the Product or the information contained therein, beyond $497.00, the purchase price of the Product. To the maximum extent permitted by applicable law, the Company assumes no liability for (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage of any nature resulting from the Licensor’s access 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) any errors, viruses, trojan horses, or the like that may be transmitted to or through the Product by a third party; (f) any 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 third-party conduct that is defamatory, offensive, or illegal. - LICENSE TERMINATION.
The Licensor acknowledges and agrees that any breach of these Terms, including, without limitation, the unauthorized sale, distribution, modification, or use of the Product, shall result in the immediate termination of the license granted herein. Upon termination of the license, the Licensor shall immediately cease all use, sale, distribution, and promotion of the Product and all associated materials. The Licensor shall also remove the Product from all platforms where it may be available, including, without limitation, websites, membership sites, and online stores. The Licensor understands and agrees that termination of the license does not relieve it of any obligation under these Terms, including, without limitation, the obligation to maintain the Minimum Selling Price and to refrain from offering the Product as a bonus or selling it on auction sites. Upon termination of the license, the Company reserves the right to seek any and all legal remedies available under law or equity. - COMMUNICATIONS, TRANSACTIONS, AND ELECTRONIC SIGNATURES.
The use of the Product, sending emails to the Company, and completing online forms constitutes electronic communications. The Licensor agrees to receive electronic communications and agrees that all agreements, notices, disclosures, and other communications provided to the Licensor electronically by the Company, via email, and in the Product, satisfy any legal requirement that such communications be in writing. BY THIS MEANS, THE LICENSOR CONSENTS TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY THE COMPANY OR THROUGH THE PRODUCT. By this means, the Licensor waives any right or requirement under any statute, regulation, rule, ordinance, or other laws in any jurisdiction requiring an original signature or the delivery or retention of non-electronic records, or payments or grants of credit by any means other than electronic. - FORCE MAJEURE.
If either Party hereto is unable to perform any of its obligations, except for payment, by reason of fire or other casualty, strike, act or order of any governmental authority, global pandemic, administrative order of governmental authority, act of God, or other cause beyond the control of such Party (hereinafter, a “Force Majeure Event”), such Party shall be excused from such performance while such cause is pending. COVID-19 and any government order or related closure are known phenomena and not force majeure events. The Party experiencing a Force Majeure Event shall provide written notice to the other Party within five (5) days after the Force Majeure Event, indicating the period of time that the event is expected to continue and shall use diligent efforts to end the failure or delay and to ensure that the effects of such Force Majeure Event are minimized. - PRIVACY.
The Licensor agrees that all information provided to the Company for the purchase of the Product, including, without limitation, the use of interactive functions on the Company’s website, is governed by the Company’s Privacy Policy, and the Licensor agrees to all actions taken by the Company regarding the Licensor’s information in accordance with the Company’s Privacy Policy. - DISCLAIMERS.
Licensor’s use and resale of the Product is at their own risk and is provided “as is” and “as available,” without warranties of any kind, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. - PROFIT DISCLAIMER.
While the Company may reference certain outcomes or situations regarding the Product, the Licensor understands and acknowledges that the Company makes no warranties regarding the accuracy of statements made by third parties or the likelihood of success as a result of those statements. The Licensor understands that individual results may vary. The Company cannot guarantee the success of the Licensor simply by the Licensor’s use and resale of the Product. The results provided regarding the Product are not guaranteed nor are they typical. - TECHNOLOGY DISCLAIMER.
The Company makes reasonable efforts to provide the Licensor with modern and reliable technology. However, in the event of a technology failure, the Licensor accepts and acknowledges the Company’s lack of liability for such failure. The Company cannot guarantee that all information provided regarding the Product is completely accurate, complete, or up-to-date, and disclaims all liability for such errors or omissions. - WARRANTIES AND REPRESENTATIONS.
The parties represent and warrant to each other that each is free to enter into and accept these Terms and that this commitment 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 acceptance of these Terms. - ASSUMPTION OF RISK.
By using and reselling the Product, whether paid or not, the Licensor assumes the risk of such access and any subsequent action the Licensor chooses to take as a result of the informational or educational materials provided to the Licensor. - WAIVER.
The failure of the Company to enforce any provision of these Terms shall not constitute a present or future waiver of such provision, nor shall it 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. - TIME LIMITATION FOR CLAIMS.
Any cause of action or claim that the Licensor may have arising out of or relating to these purchase Terms or the Product must be initiated within one (1) year after the cause of action accrues; otherwise, such cause of action or claim shall be permanently barred. - SEVERABILITY.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect. Any invalid or unenforceable provision shall be interpreted in accordance with the effect and intent of the original provision. If such interpretation is not possible, the invalid or unenforceable provision shall be removed from these Terms, but the remainder shall remain in full force and effect. - NOTICES.
All notices, claims, and demands made to the Company under these Terms must be made in writing and directed to the Company at the email address set forth below. A notice from one Party is effective only if the Party issuing it has complied with the requirements of this Section.Notice to Company: The Digital Wealth Academy LLC
Attention: Raquel Jova
Rachell@digitalwealthacademy.biz - GOVERNING LAW.
These Terms shall 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 provisions or rules. - MEDIATION.
In the event that a dispute arises between the Parties related to or arising from these Terms, the Parties agree to attempt to resolve the dispute through mediation. The mediation will take place in Hollywood, Florida, or remotely via Zoom. The Parties agree to cooperate in selecting a mediation service and to work together in selecting a neutral mediator and scheduling the mediation procedure. For mediation, the parties will agree to make commercially reasonable efforts to begin mediation within 15 business days of selecting the mediator and to conclude mediation within 30 days of the mediation’s commencement. The costs of mediation will be split equally between the Parties. If the Parties do not reach an agreement by the end of mediation, the requesting party may initiate legal proceedings to resolve the dispute. - JURISDICTION AND VENUE.
If the Parties are unable to resolve any dispute for any reason, including but not limited to either party’s refusal to initiate mediation or to accept any agreement proposed by the mediator, either party may file 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 lawsuit, action, or proceeding.