TERMS OF PURCHASE
THE BUCKETLIST BOMBSHELLS LLC
Last Updated: July 8, 2022
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Customer”) agree to be provided with online courses and/or services by THE BUCKETLIST BOMBSHELLS LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
PAYMENT AND REFUND TERMS.
By participating in the Course, Customer acknowledges that neither the Company’s founders nor other representatives are psychologists, therapists, attorneys, or financial advisors, and the education provided in the Course does not replace the care of other professionals. The content in this Course is in no way to be construed as or substituted for any type of therapy or professional advice.
Customer understands that Company makes no guarantees as to the outcome of the Course. Course may include resources, examples, skills training, as well as travel options and resources. The content included in the Course is based on the experience of the Company’s founders and is opinion only.
The Company may provide the Customer with information relating to third-party products and/or services that the Company believes might benefit the Customer, but such information is a recommendation only. THE COMPANY IS NOT LIABLE FOR ANY ADVERSE EFFECTS OR CONSEQUENCES THAT MAY RESULT, EITHER DIRECTLY OR INDIRECTLY, FROM ANY RECOMMENDATIONS PRODIVDED. Customer agrees that these are only recommendations and the Company will not be held liable for the products and/or services provided by any third-party to the Customer. Should the Company be an affiliate for any product and/or service and receive a commission, this information will be disclosed at the point of purchase.
Any testimonials, earnings, or examples shown through Company’s Website are only examples of what may be possible for Customer. There can be no assurance as to any particular outcome based on the use of Company’s Course. Customer acknowledges that Company has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of Company’s Course.
Customer agrees that the Company may use any written statements, images, audio recordings or video recordings of Customer obtained while enrolled in the Course. This includes any content Customer may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Customer’s participation in the Course.
Customer waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Customer waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Customer, their heirs, representatives, executors, administrators, or any other persons acting on Customer’s behalf or on behalf of the Customer’s estates have or may have by reason of this authorization.
INTELLECTUAL PROPERTY RIGHTS
In respect of the content specifically created for the Customer as part of this Course, the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the content whether finished or unfinished. Customer receives one license for personal use of any content provided the Company, unless otherwise noted within the Course. Customer is not to share any login or other information regarding the Course with a
third-party, doing so is in violation of this Agreement. Company grants that certain templates in the Course may be branded and utilized for Customer’s commercial use. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Customer, nor grant any right or license other than those stated in this Agreement. The Company reserves the right to immediately remove Customer from the Course, without refund, if Customer is caught violating this intellectual property policy.
The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Customer shall not make any false, disparaging, or derogatory statement in public or private regarding the Company or her Company, its employees, or agents. The Company shall not make any false, disparaging, or derogatory statements in public or private regarding Customer and its relationship with the Company
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
DISCLAIMER OF WARRANTIES
The information, education, and content provided to the Customer by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
LIMITATION OF LIABILITY
By using BUCKETLIST BOBMSHELLS LLC services and purchasing this Course, Customer accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Customer agrees that 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 Course. Customer agrees that use of this Course is at user’s own risk.
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Las Vegas, Nevada or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
GOVERNING LAW AND SEVERABILITY
This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.