IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING EARNINSIGHTS PROPRIETARY DIGITAL MARKETING SYSTEM INCLUDING ANY DOCUMENTATION, AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH EARNINSIGHTS. BY ACCESSING OR USING THE PROGRAM(S), YOU ACKNOWLEDGE THAT:
- YOU HAVE READ THIS AGREEMENT,
- YOU UNDERSTAND IT, AND
- THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
This Agreement (“Agreement”) is a legal contract between EarnInsights, AffluentLab, LLC (“AFFLUENTLAB”), and the Student (“YOU”)
WHEREAS, AFFLUENTLAB is engaged in this business of marketing and client coaching services; and WHEREAS, YOU desire to engage AFFLUENTLAB to provide business coaching services to YOU in the form of Documents, Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation;
NOW, THEREFORE, the Parties agree as follows:
SECTION 1: MEMBERSHIP AND PROGRAM FEES
1.1. Programs: Under the terms of this Agreement, AFFLUENTLAB agrees to provide business training services to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation (“Program(s)”) in exchange for a Membership Fee. Progression between Programs will occur automatically, and Membership Fees will be determined according to paragraph 1.2. below. Your access to such Programs is conditional on payment of the Membership Fee for the membership you have purchased.
The program is an ONGOING MEMBERSHIP which includes:
Access to EARNINSIGHTS training modules
Access to secret EARNINSIGHTS Facebook group
Access to weekly support call & replays
1.1.1. Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in the ONGOING EARNINSIGHTS membership.
1.1.2. Termination: AFFLUENTLAB may terminate this Agreement at any time in its discretion upon notice to YOU. AFFLUENTLAB will not be liable for any loss or damage whatsoever arising from such termination. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity.
1.1.3. Cancellation: YOU may cancel this Agreement by giving a minimum of 7 days notice to AFFLUENTLAB. Upon such notice, your rights under this Agreement shall cease at the end of the month or at the end of the year for which YOU have paid, and AFFLUENTLAB reserves the right to revoke all access YOU have to the Programs. If you cancel an annual membership with monthly payments prior to the end of the year to which you have committed, you will be liable to pay 50% of the remaining membership fees in order to terminate the annual contract. If the agreement is cancelled by AFFLUENTLAB, we will make reasonable efforts to notify you at least 30 days prior to termination via the email address you provide to us. Unless stated in any Additional Terms, we may, at any time, terminate your right to use and access the services if we elect to discontinue the program, in whole or in part (such as if it becomes impractical for us to continue offering the program in your region due to change of law).
1.2. Membership Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay AFFLUENTLAB the below amounts, depending on the membership you purchase, until this Agreement is terminated in accordance with its terms:
MONTHLY MEMBERSHIP: 297 USD per month. The amount shall be charged out on a monthly basis on the anniversary of the date of YOUR first purchase and YOU authorise AFFLUENTLAB to automatically debit the monthly payment from the account provided to AFFLUENTLAB by YOU until cancelled by yourself in accordance with clause 1.1.3. Cancellation of membership shall result in removal from the Facebook group and access to all training modules at the end of the monthly billing period for which YOU have paid.
QUARTERLY MEMBERSHIP: 696 USD per quarter. The amount shall be charged out on a quarterly (3 monthly) basis on the anniversary of the date of YOUR first purchase and YOU authorise AFFLUENTLAB to automatically debit the monthly payment from the account provided to AFFLUENTLAB by YOU until cancelled by yourself in accordance with clause 1.1.3. Cancellation of membership shall result in removal from the Facebook group and access to all training modules at the end of the quarterly billing period for which YOU have paid.
ANNUAL MEMBERSHIP, PAID ANNUALLY: 1,787 USD per year. The amount shall be charged on a one-off basis and shall entitle YOU to access to the Program for one year. At the end of the year YOUR membership shall be deemed to have terminated, unless YOU have purchased a further membership on or prior to this date, and shall result in removal from the Facebook group and access to all training modules.
ANNUAL MEMBERSHIP, PAID MONTHLY: 197 USD per month. The amount shall be charged out on a monthly basis on the anniversary of the date of YOUR first payment and YOU authorise AFFLUENTLAB to automatically debit the monthly payment from the account provided to AFFLUENTLAB by YOU for 12 months unless cancelled by yourself in accordance with clause 1.1.3. Cancellation of membership shall result in removal from the Facebook group and access to all training modules at the end of the monthly billing period for which YOU have paid.
1.2.1 Price: All prices are in American Dollars (USD) and are exclusive of GST. The price shall be increased by the amount of GST and/or other taxes and duties which may be applicable. You must pay us all applicable sales tax at the same time the Membership Fee is due for payment.
1.3. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by AFFLUENTLAB, YOU affirmatively agree and acknowledge that AFFLUENTLAB may at any time reproduce and/ or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such Program(s), including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program(s).
1.4 Weekly Support Calls: The weekly support calls shall be recorded and shared to existing and future AFFLUENTLAB students. All private material shall be kept confidential should the material ever be published outside of the AFFLUENTLAB Program. By accepting the terms of this Agreement and requesting assistance for your own campaigns or your client’s campaigns, you acknowledge that your own account or client accounts will be recorded and shared as replay and training material.
1.5. No Refunds: AFFLUENTLAB abides by a strict, no refund policy. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by AFFLUENTLAB. YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), YOU are taking full responsibility for YOUR OWN success. Thus, YOU agree that you will not request a refund. The exception to this policy is clause 1.6 outlined below.
1.6. Moneyback Guarantee: You will receive a full refund for your payment up on requesting it by contacting our support team if you are not completely satisfied with the product AND your first payment as a member was no more than seven (7) calendar days before sending your notice AND you have accessed no more than 5% of the online course component of the program.
1.7. Disputes: If either YOU or AFFLUENTLAB have any issues or concerns about this Agreement or our wider business relationship, WE agree to set those concerns out reasonably, in an email to the other party, after which WE must use all reasonable endeavours to discuss or meet to try to resolve the issue amicably. This step must be taken before any other legal action is taken by either party, other than in respect of any monies owing by YOU to AFFLUENTLAB, or in respect of any urgent interlocutory relief.
SECTION 2: NO WARRANTIES
2.1. Success is not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that AFFLUENTLAB provides Program(s) related to training only and guarantees no specific results. YOU take full responsibility for YOUR own success. AFFLUENTLAB makes no warranties or representations in respect of the Programs. YOU must satisfy YOURSELF that the Programs are fit and suitable for the purpose for which they are required. This disclaimer does not restrict or otherwise limit the application of any relevant statutes other than to the extent that such restriction or limitation is lawfully permissible.
2.2. Limited Liability: In no event will AFFLUENTLAB be liable to YOU or any party related to you for any damages, including any indirect or consequential loss, or any loss of profits, revenue, or loss of data or other content, or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if AFFLUENTLAB has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
SECTION 3: CONFIDENTIALITY
3.1. Confidentiality: Only authorized users, who have duly obtained access to any Programs offered by AFFLUENTLAB by personally agreeing to the terms of this Agreement are permitted use and participate with such Programs. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
3.2. Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the program are the sole Intellectual Property of AFFLUENTLAB. YOU further acknowledge and agree that, as between YOU and AFFLUENTLAB, AFFLUENTLAB and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements of the System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, or any other intellectual property rights of AFFLUENTLAB whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that AFFLUENTLAB uses in connection with services rendered by AFFLUENTLAB are marks owned by AFFLUENTLAB. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
SECTION 4: MISCELLANEOUS
4.1. Non transferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
4.2. Indemnification: YOU will, at your own expense, defend, indemnify, and hold AFFLUENTLAB, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
4.4. Survival of terms: All provisions of these terms that by their nature should survive termination of this Agreement shall survive including all limitations on liability, indemnification obligations, disclaimers, choice of law and intellectual property protections.
4.5. Amendment of terms: AFFLUENTLAB reserves the right, in its sole discretion, to amend this Agreement from time to time by giving you at least 7 days prior notice of the changes by email and posting an updated version of the Agreement at www.earninsights.com
4.6. Amendment of price: AFFLUENTLAB reserves the right, in its sole discretion, to amend the price of the Membership Fees from time to time by giving you at least 7 days prior notice of the new price and the effective date by email and by updating the price of the Membership Fees on www.earninsights.com
4.7. Severance: If any of these terms are held to be invalid, unenforceable or illegal for any reason by a competent court or tribunal, the remaining terms will continue in full force and effect.
4.8. Minimum age: AFFLUENTLAB’s Program is available only to adults over the age of eighteen (18) years. By entering into this Agreement, purchasing a membership, accessing and using the Program, you acknowledge that you are over eighteen (18) years.
4.9. Governing Law; Jurisdiction and Venue. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware, other than its conflict of laws principles. The parties agree that in the event that any suit or proceeding is brought in connection with this Agreement, such suit or proceeding shall be brought in the state or federal courts located in New Castle County, Delaware, United States of America, and the parties shall submit to the exclusive jurisdiction of such courts and waive any and all jurisdictional, venue and inconvenient forum objections to such courts.
BY PURCHASING, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY/ANNUAL BILLING, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.
Changes to this Terms of Service
Any changes that we may make to our Terms of Service in the future will be posted on our website. Where appropriate, we will notify you of the changes periodically.