PRODUCT PURCHASE AGREEMENT
This Terms of Purchase Agreement (the “Agreement”), is made by and between Kimone Napier, LLC DBA The Lean Process Strategist (hereafter known as “Company”), and you (hereafter known as “Purchaser,” or “Registered User,” and collectively, the “Parties”).
By purchasing a Product (as defined below) from Company, Purchaser agrees to the following terms:
Company provides The Right Hire Formula (herein referred to as the “Product,” or “Program”). Purchaser agrees to abide by all policies and procedures as outlined in this agreement as a condition of their purchase.
Total price of this Program is:
Beta Pricing: $697 paid in full or two (2) monthly payments of $367 (limited time only.)
Regular Pricing: $2000 or (3) monthly payments of $750.
Once payment or first monthly payment is received Purchaser will have access to the available content in the program.
There are no refunds.
Company sells Product ‘as is’ without warranty or guarantee of any kind, either express or implied, including no warranty as to merchantability or fitness for a particular purpose.
COPYRIGHT AND CODE OF CONDUCT.
This agreement is part of the general terms and conditions that the Purchaser accepts when they enroll. The entire program is protected under Copyright laws. Purchaser promises to not copy, resell, publish or otherwise distribute any of the course materials given to them. Purchaser promises to conduct themselves in a professional manner when using the Facebook support group. Download of program material is permitted for self use only.
FACEBOOK GROUP GUIDELINES FOR LIVE PATH:
Purchaser will not upload or post any content that: is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information; or infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity.
Purchaser will not upload or post any of their own promotional material
Any violation of Community Guidelines will result in suspension of the course without refund.
Each Sign-In Name and corresponding Password can be used by only one Registered User. Sharing access credentials with others especially if they are using Purchaser’s credentials to access Company’s proprietary Product is a material breach of this Agreement and will result in termination of access to the Product.
The Product may contain links to websites that we do not operate. We are not responsible for the content of any such websites, and Purchaser should direct any concerns regarding such websites to their respective site administrators or webmasters.
ASSUMPTION OF RISK.
Purchaser agrees to accept all risk associated with the use of any Product, including but not limited to, ingestion of or application to Purchaser’s person, the use of any Product personally or in business, all taxes and regulations applicable to any Product, all legal compliance issues related to any Product. Purchaser understands that the Company is disclaiming all liability from harm of any kind or nature caused directly or indirect from any Product.
NO TRANSFER OF INTELLECTUAL PROPERTY.
Company’s Product is copyrighted and original materials that have been provided to Purchaser are for Purchaser’s individual use only and a single-user license. Purchaser is not authorized to use any of Company’s intellectual property for Purchaser’s business purposes. All intellectual property, including Company’s trademarks, 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 Product,Purchaser 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)Purchaser 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 Product, Purchaser agrees that if Purchaser violates, or displays any likelihood of violating, any of Purchaser’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.
WHEN ADDRESSING FINANCIAL MATTERS ON OUR WEBSITE, SALES PAGES, VIDEOS, NEWSLETTERS, PROGRAMS OR OTHER MATERIALS, EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND IT’S POTENTIAL. HOWEVER THE COMPANY DOES NOT GUARANTEE THAT PURCHASER WILL EARN ANY MONEY USING THE TECHNIQUES AND STRATEGIES IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A “GET RICH SCHEME.” BY PURCHASING THE PRODUCT PURCHASER ACCEPTS, AGREES AND UNDERSTANDS THAT PURCHASER WILL TAKE FULL RESPONSIBILITY FOR PURCHASER’S PROGRESS AND RESULTS IN BUSINESS. ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. PURCHASER’S LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME PURCHASER DEVOTES TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, COMPANY CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR IS COMPANY RESPONSIBLE FOR ANY OF PURCHASER’S ACTIONS. WE OFFER NO PROFESSIONAL LEGAL, MEDICAL, PSYCHOLOGICAL OR FINANCIAL ADVICE.
Purchaser agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Purchaser’s action(s) under this Agreement or misuse of a Product. Purchaser agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Purchaser’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.
LIMITATION OF LIABILITY.
Purchaser agrees that the Company’s liability for any reason shall be no more than the total purchase price of the Product purchased.
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 New York, NY. 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.
This Agreement shall be governed by and construed in accordance with the laws of the state of New York, regardless of the conflict of laws principles thereof.
ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
THE WAIVER OR FAILURE OF COMPANY TO EXERCISE IN ANY RESPECT ANY RIGHT PROVIDED FOR HEREIN SHALL NOT BE DEEMED A WAIVER OF ANY FURTHER RIGHT HEREUNDER.
Your privacy is important to kimonenapier.com. Please read this privacy notice carefully as it contains important information on who we are, how and why we collect, store, use, and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.
Kimone Napier, LLC (doing business as The Lean Process Strategist) collects, uses and is responsible for certain personal information about you.
This website and any products and services offered herein are not intended for persons under the age of 13. Kimone Napier, LLC does not knowingly collect information from anyone under 13 years of age. Kimone Napier, LLC prohibits children under the age of 13 from using all interactive portions of this website, including leaving any comments, filling out forms, or otherwise submitting information Kimone Napier, LLC will not knowingly collect personally identifiable information from children under 13. If Kimone Napier, LLC learns it has any information or content from anyone under the age of 13, it will delete that information.
Kimone Napier, LLC may collect, use, and is responsible for certain personal information that you provide when you voluntarily sign up for e-mails or free gifts, register for a class or presentation, leave comments, order a service or product, fill out any type of form, access private membership pages, or otherwise contact Kimone Napier, LLC via an online form or e-mail. The information collected may include your name, e-mail, address, phone number, and/or billing. You are not required to provide any personally identifiable information to merely access or visit this website.
If you are located in the European Economic Area (EEA), we are regulated under the General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as controller of that persona
l information for the purposes of those laws.
Kimone Napier, LLC collects such information in order to send e-mails, fulfill orders, deliver services and products, complete customer transactions, oversee contests and promotions and improve website performance and customer service.
Kimone Napier, LLC respects your privacy and will never sell, trade or transfer your personally identifiable information to third parties (beyond what is necessary for fulfilling a customer transaction or for the basic functionality of an online service) without your consent).
We do, however, share your name, email address, phone number and delivery details with USPS, Stripe and Paypal.
This data sharing enables us to send updated communications, newsletters, blog posts, sales and any goods you ordered sent directly to you. Those third-party recipients are [or are not] based outside the European Economic Area [change if this statement is not true]— for further information including on how we safeguard your personal data when this occurs, see Transfer of your information out of the EEA.
Kimone Napier, LLC may release personal information to enforce its Website Terms and Conditions of Use, other Terms and Conditions, manage its business, protect users or the general public, or to otherwise comply with legal obligations.
If you give Kimone Napier, LLC your permission, it may also use personal identification information for internal or external marketing and promotional purposes.
On occasion, Kimone Napier, LLC may collect personal identification information from you in connection with optional contests, special offers or promotions. Kimone Napier, LLC will share such information with necessary third parties for the purpose of carrying out the contest, special offer or promotion. We will ask for your consent to such disclosure and use of such information, prior to your participation in the contest, special offer or promotion.
We will not share your personal information with any other third party.
The provision of name and email address is required from you to enable us to send you updated information including newsletter, blog posts and sales: “We do not require you to provide any personal data in order to visit our website. We will inform you when we collect it whether you are required to provide the information to us.
We will hold all non-client personal data until you let us know you would like for us to delete it or unsubscribe from our marketing contacts, which you are free to do at any time. We will hold all client and customer personal data in our files for six years.
Kimone Napier, LLC collects and uses your personal information for to send e-mails, fulfill orders, deliver services and products, complete customer transactions, oversee contests and promotions and improve website performance and customer service.
This website is operated in the United States and third parties with whom we might share your personal information as explained above are also located in the United States. If you are located in the EEA or elsewhere outside of the United States, please be aware that any information you provide will be transferred to the United States. By using this website, participating in any of its services and/or providing your information, you consent to this transfer.
These countries do not have the same data protection laws as the United Kingdom and EEA. While the European Commission has not given a formal decision that such countries provide an adequate level of data protection similar to those which apply in the United Kingdom and EEA, any transfer of your personal information will be subject to the derogation in Article 49 permitting non-repetitive transfers that concern only a limited number of data subjects, as permitted by Article 49 of the General Data Protection Regulation that is designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information.
If you would like further information, (see “How to contact us” below. We will not otherwise transfer your personal data outside of the United Kingdom or to any organization (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.
If you want to unsubscribe from receiving e-mails Kimone Napier, LLC, you may do so at any time. Each e-mail from Kimone Napier, LLC includes instructions for unsubscribing from these e-mail communications.
If you are covered by the General Data Protection Regulation, you have a number of important rights free of charge. In summary, those include rights to:
You may also have the right to claim compensation for damages caused by our breach of any data protection laws.
For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation, available at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/ .
If you would like to exercise any of those rights, please:
We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable authorities of a suspected data security breach where we are legally required to do so.
Please note that any comments or information that you post on the website, including the Kimone Napier, LLC and social media pages, become public and third parties may use your information. Kimone Napier, LLC is not responsible for any unauthorized uses by third parties in such context. You disclose such information at your own risk.
You may see advertising or other content on this website that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors or other third parties. Any products or services reached through a third-party link are subject to separate privacy policies. Kimone Napier, LLC is not responsible for or liable for any content on or actions taken by such third-party websites.
We hope that we can resolve any question or concern you raise about our use of your information.
If you are covered by the General Data Protection Regulation, you may lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.
If you would like this notice in another format (for example: audio, large print, braille) please contact us (see “How to contact us” above).
Policy Last Updated 05/01/2020
By visiting and using this website, you agree that you have read, understood, and agree to the following Terms and Conditions of Use by Kimone Napier, LLC.
This website includes materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs and graphics. You may view, download, print, email and use materials from this website for personal, noncommercial purposes only. You may not republish, reproduce, duplicate, copy, display, distribute or otherwise use any material from this website for commercial purposes. Any reproduction or unauthorized use of any materials found on this website shall constitute infringement.
If you submit, comment or post any materials (such as photos, videos or written content) to this website, you represent and warrant that: (1) you are at least 13 years old; (2) you are the owner of or have permission to share such materials; (3) you grant Kimone Napier, LLC a perpetual, royalty-free, worldwide non-exclusive license to use, copy, reproduce, publish, distribute, display and publicly perform those materials, in whole or part, in any manner or medium, now known or hereafter developed, for any purpose, including commercial purposes and advertising; (4) you grant Kimone Napier, LLC a perpetual, royalty-free, worldwide non-exclusive license and release to use your name and likeness in connection with such materials for any purposes, including commercial purposes and advertising Kimone Napier, LLC does not claim any ownership rights in your materials.
Please choose carefully the materials that you upload to, submit to, or embed on this website. Any material you post on this website becomes public. You are responsible for your material and for any liability that may result from the material you post on this website. You participate, comment, and post material on this website at your own risk. Any communication by you on this website, whether by leaving a comment or participating in a chat room, message board, public forum, chat bot, contact submission form or other interactive service], must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
Kimone Napier, LLC, in its discretion, may delete or modify, in whole or part, any post, comment or submission to this website Kimone Napier, LLC does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. Kimone Napier, LLC neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on this website. Kimone Napier, LLC shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on this website.
You are strictly forbidden from the following:
Kimone Napier, LLC may, without notice, refuse access to its website, in whole or part, to any person that fails to comply with these Terms.
Any links to third-party products, services, or sites are subject to separate terms and conditions. Kimone Napier, LLC is not responsible for or liable for any content on or actions taken by such third-party company or website. Although Kimone Napier, LLC may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KIMONE NAPIER, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KIMONE NAPIER, LLC DOES NOT WARRANT THAT THIS WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
KIMONE NAPIER, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE.
Kimone Napier, LLC controls and operates this website from offices in the United States. Kimone Napier, LLC does not represent that materials on this website are appropriate or available for use in other locations. People who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Kimone Napier, LLC may change, modify or update these Terms at any time without notice. Any access or use of this website by you after Kimone Napier, LLC posts such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact firstname.lastname@example.org.
This website is a written and edited by Kimone Napier, LLC, and Kimone Napier, LLC does not accept forms of cash advertising, sponsorships, paid insertions, complimentary products, or other forms of compensation.]
Kimone Napier, LLC does not have relationships that might present a conflict of interest or influence the content of this website.
Updated on [01/01/2021]