Dr. Marjukka Miinala International, LLC
Online Marketing Agreement
By clicking “I Agree,” entering your personal or payment information, or otherwise purchasing, electronically, verbally, or otherwise, in the services, you (“client”) are entering into a legally binding agreement with Dr. Marjukka Miinala International, LLC a Pennsylvania Company.
(“Company”), according to the following terms and conditions:
- COMPANY SERVICES. Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to render services related to education, consulting, coaching, and/or business-coaching (the “Services”). The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client. Parties agree that the Services is in the nature of marketing and education. The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the Services Client is purchasing to. Company reserves the right to substitute services equal to or comparable to the same Services for Client if the need arises.
- Client agrees to compensate Company according to the payment schedule set forth on Company’s website and the payment plan selected by Client (the “fee”). All payments are due prior to the Services initiation date. Company shall charge a 5% (five percent) late fee on all outstanding balances not paid by the date or dates as agreed between the parties.
- No refunds will be given for any reason.
- Chargebacks and Payment Security. To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates agreed. If Client uses a multiple-payment plan to make payments to Company, 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 chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying 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 Services (including course materials), use of the Services, or access to the Services. This agreement is not transferable or assignable without the Company’s prior written consent.
- NO TRANSFER OF INTELLECTUAL PROPERTY. Company’s copyrighted and original materials shall be provided to the Client for Client’s internal use only and a single-user license. Client shall not be authorized to use of the Company’s intellectual property for Client’s revenue producing purposes. Client shall not be authorized to chare, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
- LIMITATION OF LIABILITY. By using Company’s services and purchasing in the Services, Client releases Company, it officers, employers, directors, and related entities from any and all damages that may result from anything and everything. The Services is only an educational/marketing service being provided. By using Company’s services and purchasing in the Services, Client releases Company from any and all damages that may result from anything and everything. Client accepts any and all risks, foreseeable or nonforeseeable, arising from such transactions. Regardless of the previous paragraph, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the total fees Client paid to Company in the one month prior to the action given rise to the liability.
- DISCLAIMER OF GUARANTEE. Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Services. Client accepts and agrees that she/he is the one vital element to the Services’s success and that Company does not control Client’s progress. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchant ability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Services will meet Client’s requirements or that all clients will achieve the same results.
- COMMUNICATION RULES. To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients. The failure to abide by communication 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.
- 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. 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 Company, Client shall be barred from using any of 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. Company agrees not to disclosure, reveal or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client, the marketing session with Company, or otherwise, without the written consent of Client. 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.
- NON-DISPARAGEMENT. 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, 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, coasts, attorney’s 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 Company, or any or its shareholders, trustees, affiliates, or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. 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.
- Client must be at least 18 years of age or older to purchase from the Company.
- COMMUNITY RULES. No solicitation within the Company’s Member Area. Only encouraging and supporting language is accepted. No adult language.
- CUSTOMER SERVICE. In case of questions Client shall first contact Company’s Help Desk.
- CHOICE OF LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania 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 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.
- ENTIRE 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.
- 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.
- Of any of the provisions contained in this Agreement, or any part of them, 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.
- OTHER TERMS. Upon execution by clicking “I agree”, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT. A facsimile, electronic, or e-mailed executed copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument with the same effect as an originally signed copy.
Important Terms & Conditions For Website Lease Agreement:
Understanding: Being the authorized customer’s representative, I do hereby enter into this agreement, with Dr. Marjukka Miinala International, LLC and accept the following Terms & Conditions.
Minimum Contract Length: No Minimum Contract
Cancellation: I understand that either party may cancel this contract at any time by giving 30 days notice.
Payments will not be prorated and partial monthly refunds will not be given if cancellation occurs in the middle of billing cycle.
Your service will terminate upon the next billing date.
You will be automatically billed each month by Dr. Marjukka Miinala International, LLC. To cancel lease simply contact us through http://drmiinalamarketing.com/contact/ to notify of cancellation.
Ownership: I understand that this is a rental agreement and the domain name is registered to Dr. Marjukka Miinala International, LLC and that full ownership of the domain name and website content will be retained by Dr. Marjukka Miinala International, LLC.
Customer further acknowledges that this agreement in no way transfers any ownership or rights of domain name or website content to customer.
I understand the website hosted at domain is specifically designed for lead generation and that change requests are not included in this agreement. Dr. Marjukka Miinala International, LLC may, at its own determination, suggest and consider minor modifications.
I understand that Dr. Marjukka Miinala International, LLC make no guarantee as to website performance, website hosting or return on investment. However, it is my understanding that Dr. Marjukka Miinala International, LLC will utilize their best abilities and judgment as time and this agreement permit.
Dr. Marjukka Miinala International, LLC will forward all customer inquiries from domain and website, host website, promote website by methods that will be determined at the sole discretion of Dr. Marjukka Miinala International, LLC.
I understand that any expense or agreements entered into between customer and third parties, such as advertising, for the benefit of leased domain and website are the sole responsibility and liability of the customer and are not recoverable in the event of termination of this agreement.
As the customer, I understand that it is my responsibility to ensure my billing details are kept current and up-to-date and I further understand that failure to make scheduled payment will be considered notification of cancellation and agreement will be terminated within 15 days unless past due payment is made in full.
Dr. Marjukka Miinala International, LLC shall not be liable for any loss or damages, including consequential, indirect and incidental, arising out of the use of domain and website, except to the extent prohibited by law. Any implied warranties or conditions of merchantability are limited to the duration and terms of this agreement and that the sole remedy will be the termination of this agreement.
Dr. Marjukka Miinala International, LLC handles all billing by credit cards or PayPal to keep costs down for our customers and to avoid collection conflicts.
©2015 DR. MARJUKKA MIINALA INTERNATIONAL, LLC