TERMS OF PURCHASE
Sara Wiles, LLC d/b/a The Start and Grow Co.
By clicking “Buy Now,” “Purchase,” “Enroll,” “Complete,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“User”) agree to be provided with Products (defined below) by Sara Wiles, LLC d/b/a The Start and Grow Co. (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms of purchase:
1. TERMS.
Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to provide services in general accordance with the product, service, program, membership, class, digital download, ebook, workbook and/or course (collectively known as the “Product”) as outlined on Company’s website, sales page, or other point of purchase. Additional services or Products are not required to be provided.
2. PAYMENT AND REFUND POLICY.
User agrees to pay Company the purchase amount as stated on the website at the time of purchase or enrollment.
If a multi-payment plan is selected (when available), User agrees to pay the full purchase amount and understands that all payments are required and must be completed in full. Payment plans may not be canceled, paused, or terminated early. Failure to make payments does not relieve User of the obligation to pay the full agreed-upon amount.
User authorizes Company to charge the payment method provided for all payments due, including any remaining installment payments under a payment plan.
All purchases are final and non-refundable.
Failure to complete a program, access materials, or utilize support does not qualify as grounds for a refund. If payment is not made on time, Company may immediately revoke or suspend access to the Product. User remains responsible for all outstanding payments and agrees that Company may pursue collection of any unpaid amounts, including through third-party collection services.
3. DISCLAIMERS.
User acknowledges that Company does not warrant the accuracy of any information provided and is not liable for any losses whatsoever that User may suffer by relying on Company’s advice or information. Company makes no representation or warranty that the information provided within the Product, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.
User acknowledges that Company has not and does not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of using, or relying on, the Product. User acknowledges Company makes and has made no guarantees or promises whatsoever related to User’s results or outcomes based on User’s use of the Product. Testimonials, earnings, or examples provided as part of the Product or shown through Company’s website, programs, and/or services are only examples of what may be possible. There can be no assurance as to any particular outcome as a result of using the Product.
Through use of the Product, Company may provide User with information relating to services and/or other products that Company believes might benefit User, but such information is not an endorsement or recommendation. Company is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information provided.
4. INTELLECTUAL PROPERTY RIGHTS.
Company owns and will continue to own all of the trademark, copyright, and other intellectual property rights related to the Product. Nothing in this Agreement shall transfer ownership of intellectual property rights to the User.
User may use the intellectual property related to the Product to participate in the Product and for no other purpose. User may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Product or related intellectual property, in whole or in part, without the prior written consent of Company.
In addition, and for avoidance of doubt, User represents, warrants, and promises that User will not use the Product to create any other product that may compete in any way with Company’s Products or offerings. By purchasing or participating in the Product, User agrees that all content, including documents, media, templates, strategies, frameworks, and derivative works of any of the foregoing are for User’s educational use only and may not be repurposed, rebranded, or sold by User.
5. EARNINGS DISCLAIMER
Every effort has been made to accurately represent the Products offered by our company. Any income or earnings statements, or examples of results, shared through our websites, emails, social media, or other materials are provided for illustrative purposes only and do not guarantee that you will achieve similar outcomes.
Your level of success in attaining results depends on a number of factors including your personal effort, experience, skills, background, and individual circumstances. We make no representations or guarantees regarding income, results, or outcomes of any kind.
By purchasing or participating in any of our Products, you acknowledge that we are not responsible for your results and that you are solely responsible for your own success.
6. PROGRAM ACCESS AND DELIVERY.
User acknowledges that access to Products may include both lifetime and time-limited components.
Unless otherwise stated, User will receive lifetime access to core program content. However, certain features—including but not limited to live support, coaching calls, replays, feedback opportunities, or community access—may be available only for a limited period and may expire.
User understands that access to any time-limited components will terminate as specified and are not included in lifetime access.
Company reserves the right to modify, update, or discontinue any aspect of the Product, provided that Company continues to make a commercially reasonable effort to provide access to the core purchased content.
From time to time, Company may offer bonuses, additional resources, or promotional opportunities in connection with a Product. User acknowledges that bonuses may be subject to additional requirements, eligibility criteria, or time limitations, and are offered at Company’s sole discretion.
Bonuses are not guaranteed and are not part of the core Product purchase. Company reserves the right to modify or remove bonuses at any time.
7. GOOD FAITH.
User and Company represent and warrant to the other that they have acted in good faith, and agree to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
User agrees to use or participate in the Product in good faith. If at any time Company believes (in its sole discretion) that User is not using or participating in the Product in good faith (such as, for example, by misrepresenting User’s identity, misusing the resources provided through the Product, or misappropriating Company’s intellectual property provided through the Product), Company may immediately terminate User’s access to the Product and will not provide a refund.
8. DISCLAIMER OF WARRANTIES.
The Product is provided to the User on an “as-is” basis, without any warranties or representations whatsoever, whether express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. There are not, and will not be any warranties created by a course of dealing, course of performance or trade usage.
9. LIMITATION OF LIABILITY.
USER AGREES THAT UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF USERS USE OF, PARTICIPATION IN OR RELIANCE ON THE PRODUCT. ADDITIONALLY, COMPANY IS NOT LIABLE FOR ANY DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED BUT UNREALIZED PROFITS, ANY OTHER BUSINESS RISK, DATA BREACH, MISUSE OF DATA OR PERSONAL INFORMATION; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY OR ALL OF THE DAMAGES ABOVE, COMPANY’S LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO USER EXCEED $100.
10. DISPUTE RESOLUTION.
If a dispute under these Terms of Purchase is not resolved first by good-faith negotiation between the parties, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association (AAA). The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place at an AAA office nearest to Tequesta, FL 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.
11. GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, regardless of the conflict of laws principles thereof.
12. ENTIRE AGREEMENT.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
