Terms and conditions
IMPORTANT NOTE: By using this Website and/or purchasing any of Brain Art LLC’s Programs, Products and/or Services, you are voluntarily agreeing to these Terms & Conditions, and you are legally agreeing that you have read, understand, and fully consent to the terms below.
If you have any questions about any of these Terms & Conditions, please do not hesitate to contact us at firstname.lastname@example.org before using Brain Art LLC’s Website, or purchasing any of our Programs, Products and/or Services.
You must be eighteen (18) years old and have the legal ability to agree to these Terms & Conditions; thus, if you are under the age of eighteen (18) or you do not agree to terms below, STOP now, and do not use our website, blog, e-mails, social media, videos, programs, services, and/or products (collectively “Website, Programs, Products and Services”).
By accessing or using Brain Art LLC’s Website, Programs, Products, and Services in any manner for any reason, you implicitly agree to these Terms and Conditions (“T&C”) below.
Please READ Carefully. By purchasing our Programs you (herein referred to as “Client”) agree to the follow terms stated herein.
Brain Art LLC (herein referred to as “Company”) agrees to provide Programs, Products and/or Services (herein referred to as “Program”) identified in online commerce shopping cart. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
Client understands Ciprian Soleriu (herein referred to as “Consultant”) and Company, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant.
Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
METHODS OF PAYMENT
If Client elects to pay by monthly installments, Client authorizes the Company to charge Client’s credit card or debit card. If Client elects to pay in FULL, Client may pay by credit card or debit card.
30-Day Money Back Guarantee
We want you to be satisfied with your purchase but we also want you to give your best effort to apply some of the game-changing strategies you’ll learn in our PROGRAM.
We offer a 30-day refund period for purchases.
In the event that you decide your purchase was not the right decision, within 30 days of enrollment, contact our support team at email@example.com and let us know you’d like a refund by the 30th day at 11:59 EST.
Notes about our refund policy:
- Within the first 30 days from original date of purchase, you can request a refund.
- No refunds will be given after 30 days from the original date of purchase. After day 30, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you use the information or not.
- All refunds are discretionary as determined by Brain Art LLC. If you download all the materials, take advantage of the special deals/discounts, and then ask for a refund, we reserve the right to deny your request. Why? Our generous refund policy was built to give people the opportunity to see if the PROGRAM is a good fit for their business. Stealing the material is NOT covered under this policy.
To further clarify, we will not provide refunds after the 30th day from your date of purchase (not even one day afterwards) and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
If you have any questions or problems, please let us know by contacting our support team directly. The support can be reached at: firstname.lastname@example.org.
The Company respects Client’s privacy and insists that Client respects the Company’s and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Participants during Program.
Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, the Company will not, at any time, either directly or indirectly, disclose confidential information to any third party.
Further, by purchasing this PROGRAM you agree that if you violate or display any likelihood of violating this terms and conditions the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
NO TRANSFER OF INTELLECTUAL PROPERTY
Company’s program is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
By purchasing this Program, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this Program, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any program materials.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
LIMITATION OF LIABILITY. Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client 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 Company’s services or enrolment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
The Parties agree and accept that the only venue for resolving such 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. Neither Client nor any of Client’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.
Client may not assign this Agreement without express written consent of Company.
Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.
Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this program, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys 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 program(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 of 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. Client 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. In consideration of and as part of my payment for the right to participate in Company’s Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in a equity arising from my participation in the Programs.
RESOLUTION OF DISPUTES
If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) 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 a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by email. Email: hello[at]soleriu[dot]com. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of The United States.
Every effort has been made to accurately represent this program and its potential. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich quick scheme.” Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions. Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
Our Minimum Guarantees
Unless otherwise noted, all programs come with an unconditional 30 day guarantee. If you are dissatisfied for any reason, simply contact customer support and request a full refund of your purchase price. Longer conditional guarantees may apply, so check the sales material at the time of your order for details. If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact email@example.com.
Disclosure Regarding Collection and Use of Personal Information
Last Updated September 28, 2016
Thank you for visiting Brain Art LLC's websites. This notice explains our online information collection and use practices and the choices you can make about the way we use and share such information. Please take the time to read and understand this policy so that you can understand how we use your personal information.
The Information We Collect.
Brain Art LLC's websites collects the following information:
First Name, and E-mail
We also may collect certain non-personally identifiable information (i.e. generic information that does not identify you personally) when you visit any of our web pages such as the type of browser you are using (e.g., Internet Explorer, Safari, Firefox), the type of operating system you are using, (e.g., Windows or Mac) and the domain name of your Internet service provider.
How We Use and Disclose the Information.
We will use the personal information you provide online for the purpose(s) you have submitted. Your First Name, Email Address, will be used to send you the summit related content that you request. In addition, we may send to you e-mails offering products or services which we think you may be interested in. If you want us to stop using the personal information you provided in these ways, please click the unsubscribe link on the bottom of any communication from Brain Art LLC's websites.
We may disclose your personally identifiable information in response to subpoenas, court orders, or other legal process, or to establish or exercise our legal rights or to defend against legal claims. We may also disclose your personally identifiable information when we believe it is necessary or desirable in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service, and/or to protect our rights and property.
How We Share Your Personal Information.
We will not share the personal information you provide except with your explicit permission.
Brain Art LLC is committed to handling your customer information with high standards of information security. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
Use and Disclosure of Anonymous Information.
We sometimes use the non-personally identifiable information that we collect to improve the design and content of our site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze how our site is used, as well as to offer you products, programs or services. We may also share aggregate information with others, including affiliated companies and non-affiliated companies.
Collection of Information by Others.
Our site may contain links to other sites whose information practices may be different than ours. You should check the other sites’ privacy notices since we have no control over information that is submitted to or collected by them.
To enhance your online experience with us, many of our web pages use “cookies.” Cookies are text files placed on your hard disk by our web server to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us. However, once you choose to provide the personally identifiable information, this information may be linked to the data stored in the cookie. Cookies cannot be used to run programs or deliver viruses to your computer.
Some of our Web pages may contain electronic images known as Web beacons, which are also called single-pixel gifs. These images allow us to count users who have visited those pages and to deliver co-branded services. Web beacons are not used to access your personally identifiable information but they are a technique we use to compile aggregated statistics about our website usage. Web beacons collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the Web beacon resides. Some of our Web pages may also contain Web beacons placed there to help us determine the effectiveness of our advertising campaigns.
Discussions and Community Tools; Testimonials.
You agree that any information you submit to us through Brain Art LLC's websites may be used for promotional purposes. Because of the public nature of some of our services, you should exercise caution when deciding to disclose any personal information. We may also use a limited amount of information, such as first name, last initial and your town and state in marketing materials on the website. Your registration constitutes consent to this use.
If you are visiting Brain Art LLC's websites from a location outside of the United States, your connection will be through and to servers located in the United States, and all information you provide will be processed and securely maintained in our web servers and internal systems located within the United States. By using our websites you authorize and specifically consent to the transfer of your personal information to the USA and its storage and use as specified above when you provide such information to us.
How You Can Access or Correct Your Personal Information.
For instructions on how you can access the personally identifiable information that we have collected about you online, or how to correct any errors in such information, please contact us at firstname.lastname@example.org
To protect your privacy and security, we may take reasonable steps to help verify your identity before granting access or making corrections.
Duty To Read
I accept that under this agreement, I have a duty to read this sales agreement and disclosure policy, and have done so. Furthermore, I understand and accept that I am precluded from using lack of reading as a defense against all remedies contained herein.