Terms of Purchase: ClickUp Rockstar
Last Updated on July 26th, 2021.
By using this Program, you agree to the following terms, conditions and privacy policy. Please read them carefully before purchasing.
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 (“Student”) agree to be provided with products, programs, or services as part of the ClickUp Rockstar (“Program”) operated by Rae Targos (“Owner”), acting on behalf of Productive Co. (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
Terms of Program
Upon purchase and execution of this Agreement, Student will be provided with the following services as detailed on www.productiveco.com (“the Website”) and selected prior to purchase. These services include but are not limited to:
Access to all modules of the program with accompanying text and video training
Templates, downloads, and links
Access to Program’s Facebook group with respect to group’s policies
Updates for the life of the Program
The scope of services rendered by the Company pursuant to this Agreement shall be limited to those contained herein and/or provided for on Company’s Website as part of the Program.
The Company reserves the right to substitute services equal to or comparable to the Program for Student if reasonably required by the prevailing circumstances.
At any point should Company be terminating Program Site, Student will be given at least fourteen (14) days notice.
Method of delivery is subject to change at the Company’s discretion.
Payment and Refund Policy
Upon execution of this Agreement, Student agrees to pay to the Company the purchase amount as stated on the Website.
Credit Card Authorization. Each party hereto acknowledges that Company will charge the credit card chosen by the Student on the dates and for the amounts specified upon purchase and as included in this Agreement.
In the event Student fails to make any of the payments outlined above, Company has the right to immediately disallow services and benefits until payment is paid in full.
Refunds can be provided if requests are received within 14 days of purchase less the credit card and payment processor fees. To request a refund, email rae@productiveco.com.
Methodology
Student agrees to be open minded to Owners’ methods and partake in Program as proposed. Student understands that the Company has made no guarantees as to the outcome of the Program. The Owner may revise methods or parts of the Program based on the needs of the Student, other participants, and/or changes in software.
Student agrees Owner act as a general guides, not implementer, personal strategist, and/or adviser. Student understands that they are responsible for designing and executing their own setup of software and workflows mentioned in the Program.
Disclaimer
By participating in the Program, Student acknowledges that the Company makes no guarantees as to the outcome of any sessions, teachings, modules, or any resulting course that may be created by Student based on information obtained through this Program. Student’s success depends on effort, design, and execution customized to their unique needs.
By participating in this Program, the Student acknowledges that the Company does not warrant the accuracy of any information provided, is not liable for any losses the Student may suffer by relying on Owner’s advice or products.
Any testimonials or examples shown through the Company’s website, programs, and/or services are only examples of what may be possible. There can be no assurance as to any particular financial or other outcome based on the use of the Program and/or services. You acknowledge that the Company has not and does not make any representations as to success of any kind that may be derived as a result of use of its programs, products or services.
The Company may provide the Student with information relating to products that the Owner believes might benefit the Student, but such information is not to be taken as an endorsement or recommendation. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided. The Company may provide Student with third-party recommendations for such services as marketing, technology, business, or other related services. Student agrees that these are only recommendations and the Company will not be held liable for the services provided by any third-party to the Student.
Recording and Redistribution of Live Sessions, Videos, and Calls
Student acknowledges that live sessions, group sessions and/or group calls may be recorded. Student also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the Company.
Intellectual Property Rights
In respect of the Material specifically created for the Student as part of this Program, including themes, documents, modules, videos, or other content, the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Student, nor grant any right or license other than those stated in this Agreement.
Student’s use of the Program and Program’s materials are for their personal use only. Students shall not duplicate, replicate, redistribute, sell, or share any contents of the Program at all.
Good Faith
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 design provided to the Student by the Consultant 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.
Due to the nature of technology, software is continuously updated. Tutorials and instructions in the Program may or may not be up-to-date with the most recent updates for the software demonstrated.
Limitation of Liability
By using the Company’s services and purchasing this Program, Student accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Student 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 Program. Student agrees that use of this Program is at user’s own risk.
Non-Disparagement
The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein. 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. Neither Student nor any of Student’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
Dispute Resolution
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every 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 Sacramento, California 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
This Agreement shall be governed by and construed in accordance with the laws of the State of California, regardless of the conflict of laws principles thereof.
Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to rae@productiveco.com.
Restrictions
Any person doing business as, an employee of, sub-contractor of, or acting on behalf of The Meticulous Mompreneur, LLC may not purchase any products available from Productive Co., or sign up to Productive Co.’s mailing list.
Entire Agreement
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.