By purchasing any digital product with Whitespace Team, LLC, you accept and agree to be bound by these Terms of Purchase.
This Agreement (“Agreement”) is made and entered into immediately upon purchase (“Effective Date”) between and among you, hereafter referred to as the “User” and Whitespace Team, LLC, hereafter referred to as the “Company.” Company and User are referred to individually as a “Party” and together as the “Parties.”
2. PAYMENT. The total price of the Services shall be clearly defined on sales or purchase page on website. User agrees to pay this amount in full before digital products are delivered. Payment will be made with debit or credit card, processed via Stripe. User grants Company permission to charge the card. Company does not offer refunds under any circumstances.
3. CONTENT DISCLAIMER. Company makes no representations or warranties that the information provided in digital products, regardless of its source, (“content”), is accurate, complete, reliable, current, or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the content. Digital products are an educational and informational resource for business owners and not a substitute for working with a business consultant or other business professional. Company cannot guarantee the outcome of following the recommendations provided in any statements made in digital products regarding the potential outcome of any given situation. The recommendations presented are expressions of Company opinion only. There are no guarantees made by Company about the information and recommendations. By purchasing, User acknowledges that Company has not made any guarantee or any particular result. Therefore, following any information or recommendations provided in digital products should be relied upon at User’s own risk.
4. INTELLECTUAL PROPERTY. Company owns the content contained in the digital products, including, but not limited to written content, text, images, graphics, videos, designs, files, information, instructions, downloadable products, unless otherwise expressly stated. By purchasing and/or accessing or using the Content User does not acquire any right title or interest in the Product or the Content. User will not copy, modify, sell or distribute any intellectual property without the prior written consent of the Company.
5. DISCLAIMER OF WARRANTIES. The Products provided to the User by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage. Company makes no representation or guarantee that Products will result in any enhancement of the User’s business.
6. LIMITED LIABILITY. User agrees that Company shall not be liable for any damage, loss, or expense of any kind arising out of or resulting from User’s possession or use of the materials, content, or information in the product, regardless of whether such liability is based in tort, contract, or otherwise. In no event, including, without limitation, a negligent act, shall Company be liable to User for any direct, indirect, special, incidental, consequential, or punitive damages (including, without limitation, loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business), arising out of or in any way related to the materials, content, or information provided in digital products, regardless of whether Company, or any of our providers have been advised of the possibility of such damages. Because some states do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
7. DISPUTE RESOLUTION. The Parties will try in good-faith to resolve all disputes under this Agreement by negotiation. If, after negotiation, the Parties cannot reach resolution to the dispute, and at least one Party desires to pursue the dispute further, every such controversy or dispute under this Agreement will be submitted to the American Arbitration Association for arbitration that shall take place in Charleston, South Carolina or by telephone, and the parties shall resolve the dispute as expeditiously as reasonably possible by such arbitration. 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.
8. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of South Carolina, regardless of the conflict of laws or principles thereof.
9. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, if any, whether written or oral.