Purchase Agreement


Dear Valued Customer,

Our Lifestyle Management non-coaching products and services are fantastic and we’re sure you’ll love them. In fact, we guarantee your satisfaction with our 30-day no-hassle, no-questions-asked, refund policy for all our non-coaching products and services as described in this purchase agreement. No matter what happens after you purchase Lifestyle Management non-coaching products or services, you’ve got 30 days to examine them, use them, and try them. If you’re not delighted, just ask for a refund.

In terms of Lifestyle Management Coaching services, we are sure you’re absolutely going to love working with your coach. We want you to feel safe knowing you can try coaching out and make sure this is exactly what you need to take your life or business to the next level. In the unlikely event that you don’t feel the coach is right for you for any reason, simply let us know at the end of your first session and we’ll refund your entire investment in Rapid Change, Happiness, Wellness, Business, or Life Coaching – no-hassle, no-questions-asked.

The complete agreement that follows is designed by lawyers. It lays out our rights and duties and your rights and duties as well as various disclaimers and limitations of liability. You are encouraged to read the following Purchase Agreement because its provisions may impact on you but you can be assured that whatever claims and promises are made in plain English in the promotional materials or on our website – we honor them and we guarantee them with our refund policy.

The legalese of this agreement is presented below. Congratulations on your purchase. We wish you every success!

– Lifestyle Management Practical Wellness Experts team

THIS AGREEMENT IS A CONTRACT. UNDER THE TERMS OF THE CONTRACT YOU RECEIVE CERTAIN RIGHTS DUE TO YOU FROM THE SELLER COMPANY AND YOU, IN TURN, GIVE THE SELLER COMPANY CERTAIN RIGHTS THAT AFFECT YOU. THIS CONTRACT ALSO CONTAINS PROVISIONS THAT DELINEATE AND RESTRICT YOUR RIGHTS ABOUT REFUND AND WARRANTY AND THAT LIMIT THE LIABILITY OF THE SELLER COMPANY. YOU MUST ACCEPT THESE TERMS OR THE SELLER COMPANY WILL NOT TRANSACT BUSINESS WITH YOU OR SELL A PRODUCT, SERVICE OR COACHING TO YOU, AND YOUR ORDER WILL NOT BE PROCESSED IF YOU DO NOT ACCEPT THESE TERMS.

YOUR PLEDGE OF AN UNDERSTANDING OF THIS CONTRACT AND ACCEPTANCE OF THE RIGHTS, DUTIES, AND LIMITATIONS EMBODIED IN IT, IS A MATERIAL PART OF THE LEGAL CONSIDERATION THAT THE SELLER COMPANY REQUIRES FROM YOU AS A CONDITION OF SALE.

PARTIES TO THIS AGREEMENT AND DISCLAIMER

The parties to this agreement are the Lifestyle Management Experts website, Executive Vision Corp. an Ontario Corporation, and their owners, hereafter “Company,” and you, the prospective purchaser entering into a legally binding agreement, hereafter “Client”. Persons or entities who are not participants in this contract but who have an indirect relationship, such as a supplier, joint venture partner, membership organization, or sales affiliate, are herein described as “Third Party” or “Third Parties.” The recipient of the product or service or coaching herein sold, hereafter “Product” unless specified otherwise, where said Product is ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering Client with the same rights, duties, and obligations as the Client, but may also be referred to herein as “Recipient”.

SUBJECT MATTER OF THIS PURCHASE AGREEMENT

Upon execution of this Agreement, electronically, verbally, written or otherwise, the Company agrees to render services related to education, seminar, consulting, personal development, life coaching, and/or business coaching (the “Program”). The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client. Parties agree that the Program is in the nature of coaching and education. The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the Program. Company reserves the right to substitute services equal to or comparable to the Program for Client if the need arises.

COMPENSATION

Client agrees to compensate Company according to the payment schedule set forth on Company’s website, invoices, sales or offer pages, or via email, or payment schedule and the payment plan selected by Client (the “Fee”) or otherwise noted in this agreement.

FURTHER DESCRIPTION OF THE PRODUCT, SERVICE OR COACHING

Client warrants an understanding that the product, service or coaching may actually be comprised of different elements. For example, a life coaching session in person or via Skype may include digital or hardcopy workbooks or questionnaires. Any digital products or so-called e-books may also come in CD or printed format. Any digital product may also be part of a service or a coaching. Additionally, the product, service or coaching may come with the right to sub-license or re-sell the product. However, unless specified in the sales and promotional materials and unless all conditions are met, the Client has no license, permission or right to duplicated or sell this product in any form or to sell it or distribute it whether for profit or not to any person for any reason.

Rapid Change, Happiness, Wellness, Business, or Life Coaching is a program where you work one-on-one with a Lifestyle Management coach one-time or at regularly scheduled appointments to help you with one or more of your challenges or goals. Your coach will help you eliminate any fears, doubts and limiting beliefs, help you identify supporting mindset and actions, develop a long-term plan for successful result and/or ongoing success, and support you while you implement the plan and deal with any challenges.

GUARANTEE AND REFUND POLICY

Upon execution of this Agreement, Client shall be responsible for the full extent of the Fees. All Lifestyle Management products and services include a guarantee period which must be strictly adhered to in order to request and be awarded a refund pursuant to the policy.

Lifestyle Management non-coaching products and services are guaranteed with our 30-day no-hassle, no-questions-asked, refund policy. No matter what happens after you purchase Lifestyle Management non-coaching products or services as described in this Purchase Agreement, you’ve got 30 days to examine them, use them, and try them. If you’re not delighted, just ask for a refund.

Rapid Change, Happiness, Wellness, Business, or Life Coaching Guarantee: In the unlikely event that you don’t feel this program is right for you for any reason, simply let us know at the end of your first session and we’ll refund your entire investment in Rapid Change, Happiness, Wellness, Business, or Life Coaching. By investing in this program, you understand that beyond the first session you are committed to the program for its entire duration, however, you are still backed by another 12 months of Peace of Mind Guarantee.

Peace of Mind Guarantee: The Rapid Change, Happiness, Wellness, Business, or Life Coaching program is so powerful that you can go through the entire 12-months of training and coaching calls with confidence that these are the best program to create immediate and long term massive change in your life or business. We know that you’ll be happy with the results. If you take advantage of everything inside the program and follow and implement the necessary action steps to make a profound change in your life or business, and still don’t honestly at least 10X your investment in monetary or other value terms by the end of your first 12-months, you’re entitled to a full refund.

CREDIT CARD CHARGES, CHARGEBACKS, AND PAYMENT SECURITY

To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates set forth herein. If client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any charge backs to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on charge backs and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.

NO RESALE OF SERVICES

Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferable or assignable without the Company’s prior written consent.

NO TRANSFER OF INTELLECTUAL PROPERTY

Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of Company’s intellectual property for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.

LIMITATION OF LIABILITY AND DISCLAIMER OF GUARANTEE

By using Company’s services and enrolling in the Program, Client releases Company, it officers, employers, directors, and related entities from any and all damages that may result from anything and everything. The Program is only an educational/coaching service being provided. Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transactions. Regardless of the previous paragraph, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of: (a) the total fees Client paid to Company in the one month prior to the action giving rise to the liability, and (b) $1000. All claims against Company must be lodged with the entity having jurisdiction within 100 days of the date of the first claim or otherwise be forfeited forever. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Client agrees that use of Company’s services is at Client’s own risk.

Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Program. Client accepts and agrees that she/he is the one vital element to the Program’s success and that Company cannot control Client. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same results.

LIMITATION OF LIABILITY FROM ERRONEOUS PRODUCT CONTENT

Client agrees that the Company’s total liability, even for erroneous Product content that causes damage to the Client, shall be limited to the purchase price paid for the Product.

LIMITATION OF LIABILITY FROM HARM CAUSED BY THE PRODUCT

Client agrees that the Company’s total liability, even from harm caused to the Client or to others from use of the Product, shall be limited to the purchase price paid for the Product.

LIMITATION OF LIABILITY FROM ALL OTHER INJURIES OF ANY KIND

Client agrees that the Company’s total liability, for any other injury, harm, or tort of any kind, whether foreseeable or unforeseeable, shall be limited to the purchase price paid for the Product.

LIMITATION ON THE LIABILITY LIMITATION

Client understands that some states or provinces do not allow limitation of liability.

SPECIFIC DISCLAIMERS AS TO ‘RESULTS CLAIMS’, ‘INCOME CLAIMS’, OR ’EARNINGS CLAIMS’ IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT

If claims about results from using this Product or if claims about income or earnings resulting from the use of this Product are made, such claims are true for the persons who made the claims, including claims made by the Company about its own experience with the Product.

If the Product’s promotional materials make claims about the results from the use of this Product, Client hereby warrants his understanding that there exists some probability that the Product will not deliver those same results to any particular Client and that the refund of the purchase price (subject to the Refund Policy and/or return of the Product to the Company) is the full remedy for any Client who feels the product did not deliver the results claimed.

PRODUCT OR COURSE RULES

To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients. Client agrees to abide by any Course Rules/Regulations presented by Company. The failure to abide by course rules shall be cause for termination of this Agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.

USE OF COURSE MATERIALS

Client consents to recordings being made of courses and the Program. Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client. Client consents to its name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client.

NO SUBSTITUTE OF MEDICAL TREATMENT

Client agrees to be mindful of his/her own well-being during the course and seek medical treatment (including, but not limited to psychotherapy), if needed. Company does not provide medical, therapy, or psychotherapy services. Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.

TERMINATION

In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Company, Client shall be barred from using any of Company’s services.

CONFIDENTIALITY

The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs. Company agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client, the coaching session with Company, or otherwise, without the written consent of Client. Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

NON-DISPARAGEMENT

In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.

INDEMNIFICATION

Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.

CONTROLLING AGREEMENT

In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company’s representatives, or employees, the provisions in this Agreement shall be controlling.

CHOICE OF LAW/VENUE

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the province of Ontario, city of Toronto, pursuant to the rules of the Canadian Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.

SURVIVABILITY

The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.

SEVERABILITY

If any of the provisions contained in this Agreement, or any part thereof, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.

PRIVACY POLICY ACCEPTED

Client expressly accepts the terms of the Privacy Policy of Company’s website.

TERMS OF USE ACCEPTED

Client expressly accepts the Terms of Use of the Company’s website.

CALIFORNIA RESIDENTS NOTE

You are entering into a contract that may modify, restrict, or eliminate rights you may have under the California Online Privacy Protection Act of 2003 (OPPA). Under the Privacy Policy and this Purchase Agreement you waive any right to view or modify the content of our database. You waive any right to force this business or website to divulge when or to whom your information may have been provided to third parties. In the event the website elects at its sole discretion to release information to you, you must clearly identify yourself to the website as the named customer who has previously purchased from the website. We are doing this protect information being inadvertently provided to fake customers who may have intentions to harm the real customer. The required identifying information may include credit card info, social security numbers, notarized copies of state issued ID, or other ID sufficient to allow our counsel to feel comfortable about releasing information – in the event we elect to divulge it at all. Additionally, this purchase agreement, as part of the consideration required to purchase from this website, requires that you agree to use the American Arbitration Association exclusively in any claim arising from the Terms of Use, Privacy Policy, or Purchase Agreement, and not the courts of the state of California. The customer also agrees, as part of the required consideration, that any cause of action is presumed to have arisen in the city and county of this business or website, not in the state of California, unless the website is located there, and not in the jurisdiction where the customer resides.

NOTICE

Client herewith agrees to receive Notice of Changes, Litigation, Service of Process, Cancellation, Termination, and Modification of service or product at the email address provided to Company on the ordering page. Further, Client agrees that the right to contact Client concerning legal notice shall not be terminated by previously submitted ’unsubscribed’ notices and specifically agrees that any notification to cease contact shall not be binding upon the Company in regards to Notice of Change, Litigation, Service of Process, Cancellation of Product or Service or Membership or Subscription, Termination of a program, product or website, or Modification of the terms of service or product.

Additionally, the Client grants Company irrevocable right to contact him or her via mail or telephone concerning any of these issues irrespective of other rights the Client has to sever contact with Company.

MODIFICATION

This Purchase Agreement cannot be modified in any manner between the Client and the Company unless modifications are made in writing signed by both parties. However, the Company may modify this Purchase Agreement at any time for other Clients without notice to the instant Client.

ENFORCEABILITY OF PROVISIONS

In the event that some provisions, terms, conditions of the Purchase Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, Client and Company agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.

WAIVER OF BREACH

The Client’s waiver (failure to enforce) any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.

OTHER TERMS

Upon execution by clicking “I Agree”, emailing your statement of agreement, entering your credit card information, or by signing this agreement on this page or reverse, or otherwise enrolling, electronically, verbally, or otherwise, the Client and Company agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT. A facsimile, electronic, or e-mailed executed copy or acceptance of this Agreement, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.

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