HIGHER ADVANTAGE LLC
Terms and Condition
In consideration of the mutual covenants, and upon the conditions, set forth herein, Client is entering into a business agreement with the Company who agrees to provide products and services as following:
REFUND POLICY: FOR PRODUCTS AND SERVICES ELIGIBLE FOR A REFUND, YOU MAY REQUEST A FULL REFUND FOR ANNUAL PLANS at any time within the first SEVEN days following the date of this transaction or receipt of the product, whichever occurs later. AFTER SEVEN (7) DAYS, YOU MAY REQUEST AN IN-STORE CREDIT FOR ANY UNUSED TIME REMAINING ON YOUR ANNUAL PLAN. UNUSED TIME WILL BE PRO-RATED BASED ON THE DATE OF ORIGINAL PURCHASE AND, FOR RENEWALS, THE ANNIVERSARY DATE OF THE ORIGINAL PURCHASE DATE OF THE PRODUCT (THIS IS REFERRED TO AS THE SERVICE DATE). All sales are final thereafter. FOR REFUND, please contact us at: HIGHER ADVANTAGE LLC.
Obligation to Respond. You also agree to respond to any request for content, feedback or approval within fourteen (14) days. Failure to initiate the design process or provide requested content, feedback or approval within thirty (30) days of our request may result in termination of the Services without refund or credit. Any unfinished Designs may be archived and may require additional activation fees to recover.
- Products: Products are the specially designed items that the Company will provide and is defined within this Agreement, and which are being designed based on the Client’s business needs, goals, and objectives.
- E-Commerce Access: E-Commerce refers to access, which may be included in this Agreement and is being purchased by the client.
- Confidential and Personal Information: The confidential Information, without limitation includes: all information, procedures, knowledge, data, expertise, resources, customers, experience, employees, the price of such products and services, or any other information concerning the Company’s business, its manner of operation, its plans, processes or other data, and its confidential, secret, and personal information.
- Products and Services: In order to understand and clarify the services and relationship, Client and the Company acknowledge and agree that:
- Client’s purchase includes products and services specifically identified in Section C and have been specifically identified by the Client and the Company to meet the business goals, strategies, and plans of the client and are intended to achieve the short term and long term goals of the Client. The Company will continue to monitor the Client’s business progress one year following the delivery of the products.
- The Company does not provide counseling, therapy, tax or legal advice to Client.
- Client is responsible for his or her own achievements and success and the Company cannot and does not promise that Client will attain any specific goals whether monetary or through other means.
- Additionally, the macro-economic landscape may change while the Client is using the products and services provided by the Company. The Company will advise the Client of possible strategies that may or may not be useable, and the Client understands that any and all information contained in those conversations hold no guarantee of success.
- Client’s purchase may also include all software subscription and online access following delivery of the products being purchased under this Agreement. Access and subscriptions are subject to the following agreement:
- Each user is required to have a User Login Name and Password. Any additional User will be additional cost to the Client. Client agrees not to share, sell, transfer, or sublicense its User Login Name and Password. The subscription fee for two years is included in the purchase price, and continuous access is guaranteed during that period. Following the two years, Client must renew with the Company for subscription and access for continued use of the software and assistance. If client does not renew and discontinues the use of the Company’s products, the Client agrees to destroy all documents (including electronic versions) which contain any User Login name and password. Failure to abide by the foregoing terms may constitute legal actions by the Company. The Company reserves the right to terminate this Agreement at any time and the Client will be immediately notified and refunded for the amount purchased. Any such termination of services or commitments by the Company constitutes a breach by the company and the Client is entitled to any and all legal remedies allowed by local, state and federal laws.
C. Clients purchase includes the following products:
- Custom website built with WordPress Platform. WordPress is a blog platform that works in conjunction with the custom website.
- WordPress Login: Client will receive a username and password. The login allows the Client to check traffic and visitor statistics of the website. The login feature also allows the Client to access the “back office” of the website which permits client “full control” over website. I.e. adding pages, adding images, adding plugin software, deleting posts, implementing social media, etc.
- RSS Feed: Each Clients website comes with a complete RSS feed that updates on the fly.
- Domain Name: The Client is given a custom domain name that is purchased by the company. The Client is requested to open a registrar account at Higher Advantage LLC at NO Cost. The domain will then be transferred into the Clients name at no cost. This allows the Client to legally take over ownership of the domain name and website from the Company.
- Product will be submitted to the Client for an initial review within 14 days of the Purchase Date, and completed within 30 days of the Purchase Date.
- Guarantees: The Company does not and cannot make any guarantees of success. Rather, the Company will attempt to guarantee satisfaction of service. To meet this end, the Company may provide additional services and resources within its possession to ensure Client’s satisfaction
- Representations: All representations between the Company and Client are contained in this Agreement. The Company does not and cannot make any representations of earnings. Any earning or income examples or statements made by the Company are merely examples and are not indications of future earnings results or expectations. Rather results vary and are based on the overall macro-economic landscape which is outside of the Company’s control.
- Confidentiality: The Company acknowledges that they may obtain confidential personal and/or business information from Client and agree to keep and maintain such information confidential and not disclose or use such information without Clients prior written consent.
- Waiver: Client acknowledges and agrees that in the course of this agreement that the Company may ask Client questions that may be challenging and personal in nature. Client waives and releases any claims arising or resulting from the Company’s questions. This waiver does not apply to conduct or actions outside the scope of this Agreement and the Company’s products and services.
- Dispute Resolution: Any controversy or claim arising out of, or relating to this Agreement or the services provided shall first be submitted to mediation for an attempt at a resolution, which such mediation being conducted by a mutually agreeable party, or if no such party can be agreed upon, by the mediator appointed by the Clark County NV office of the American Arbitration Association (“AAA”). If the dispute is not resolved by mediation of not less than six hours duration, the dispute shall be settled by binding arbitration in Clark County NV through and in accordance with the rules of AAA then existing. If the parties are unable to mutually agree upon an arbitrator, an arbitrator with experience in such matters at issue, an arbitrator shall be appointed by the AAA, but any mediator used in the dispute shall be ineligible unless the parties agree otherwise. The arbitrator shall not have any power to alter, amend, modify, or change any of the terms of this Agreement nor to grant any remedy which either is prohibited by the terms of this Agreement, or not available in a court of law. By signing this Agreement you waive the right to participate in a class action suit with the AAA.
- Attorney’s Fees: In the event of any dispute, litigation, or arbitration between the parties, the non-prevailing party shall pay the prevailing party therein all costs and expenses, expressly including, but not limited to reasonable attorney’s fees and costs incurred therein by such successful party.
- Breach: In the event of any breach of this dispute agreement, the breaching party shall be liable for all costs, dispute expenses, original product expenses, liabilities and fees including attorneys’ fees which the non-breaching party and mediator may incur as a result of the breach. The breaching party shall indemnify the non-breaching party and the mediator.
- Damage Limitation and Liquidated Damage: The parties agree and acknowledge that the Company is not a guarantor or and insurer and that the fees provided for hereunder would be substantially higher if the Company was to undertake such responsibilities. The Client also agrees it would be extremely difficult and impractical to fix actual damages to Client, if any, which may result from a failure to perform by the Company. It is therefore agreed, that if the Company is found liable for any loss or damages due to failure to perform or other breach of this Agreement (excluding only willful misconduct), the Company’s liability shall be limited to the total of all payments made by Client or a sum equal to the last six months of Client’s payments to the Company, whichever amount is more.
- Nature of Agreement: This Agreement shall, in all respects, be governed by the laws of the State of Nevada that are applicable to agreements executed and to be performed within Nevada. This Agreement constitutes the entire Agreement of the parties and no amendments, changes, or modifications of this Agreement shall be valid, unless in writing and signed by all of the parties hereto.
- Effective Date: This Agreement is effective when the Client tenders payment for the products contained in the Products and Services Section C.
- Section Heading: Headings have been inserted for convenience and reference only and shall not be constructed as to affect the meaning, construction, or effort of this Agreement.
- Earnings and Income Disclaimer: Any income or earnings statements are estimates of income potential only, and there is no assurance that your earnings will match the figures we present. Your reliance on the figures we present is at your own risk. Any income or earnings depicted are NOT to be interpreted as common, typical, expected or normal for the average student/client. This particular result may be exceptional, and the variables that impact results are so numerous and sometimes uncontrollable, that the Company makes no guarantees as to your income or earnings of any kind, at any time. Real property businesses and earnings derived therefrom, have unknown risks involved, and are not suitable for everyone. Use caution and seek the advice of qualified professionals. Our information, programs, products and services should be carefully considered and evaluated before reaching a business decision, or whether to rely on them. All disclosures and disclaimers made herein, on our websites or in any materials provided to you apply equally to any offers, prizes or incentives that may be made by the Company. You agree that the Company is not responsible for the success or failure of your business decisions relating to any information presented by the Company, or the Company programs, products and/or service.
- Invalidity of a Provision: The invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or enforceability of any other term or provision of this Agreement, which shall remain in full force and effect.
Right of Rescission: You, the buyer, may cancel this transaction at any time within the first Seven days following the date of this transaction or receipt of the product, whichever occurs later. For refunds requested after the refund period, an in-store credit will be issued for any unused time/products remaining on your plan. Unused time/products will be calculated as the number of months remaining on the purchase term excluding the month in which the refund is requested. All sales are final thereafter. To cancel, please contact us at: HIGHER ADVANTAGE LLC