Terms & Conditions TrendCulprit Zone

ENROLLMENT AGREEMENT

TERMS AND CONDITIONS OF PURCHASE

By clicking “I Agree,” entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, in the course, you (“Client”) are entering into a legally binding agreement (“Agreement”) with Mia A Irizarry and TrendCulprit registered in the State of California (“Company”), according to the following Terms and Conditions of Purchase. By accessing, you are agreeing to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. This Agreement is made between Company and Client. Company and Client each acknowledge and agree to and accept the following Terms and Conditions. If you do not agree with any of these terms, you are prohibited from using or accessing this website. The materials contained in this website are protected by applicable copyright and trademark law.

1. COMPANY’S SERVICES. Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to render services related to education, seminar, consulting, 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. Company’s business coaching services are provided solely for Client’s commercial and business use.

2. COMPENSATION. Client agrees to compensate Company according to the payment schedule set forth on Company’s website and the payment plan selected by Client (the “Fee”) at the time of enrollment. Payment is a commitment between Company and Client. Company agrees to provide the services rendered by Company pursuant to this contract and shall be solely limited to those contained therein and provided for on Company’s website as part of the Program in exchange for the payments. Client agree and accept to either make a pay in full payment or pay according to the payment plan chosen. Client agree and accept to remit the down payment and the balance payments to Company via pre-authorized electronic debit to the bank account or credit card specified by Client during the down payment. Client agree and accept to make the down payment and balance payments regardless of Client level of participation in the Program.

3. CANCELATION OF THE PROGRAM. Upon execution of this Agreement, Client purchasing services related to the Program are entitled to a thirty (30) day refund from the date of purchase. If client cancels attendance to the Program past thirty (30) days from the date of purchase for any reason whatsoever, Client will receive no refund, no payments will be returned and Client shall be responsible for the full extent of the Fee and is still responsible for any payments due. If Client fail to make any payment on time and fail to correct such missed payment within thirty (30) days, or if Client fail to make any two payments on time, Company is permitted to cancel your participation in the Program. Upon cancelation, Client agree and accept to pay Company a cancelation fee equal to

(a) the amount of any missed payments, plus

(b) 50% of the remaining amounts due under the agreement

The cancelation fee is due immediately and Company is authorized to collect such fee immediately, including by debiting your bank account or credit card on file. Client agree and accept that the cancelation fee is an amount of agreed upon damages and is not a penalty. Company shall have no further obligations to perform under this Agreement following cancelation.

4. ABUSE OF REFUND POLICY. Company reserves the right to refuse refunds to Client who abuse this Refund Policy. Examples of abuse include, but are not limited to, requesting refunds for multiple rendered services related to education, seminar, consulting, coaching, and/or business-coaching (the Program), or requesting refunds in consecutive months.

5. 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 chargebacks 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 chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.

6. TERMINATION. In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder 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.

7. TERMINATION OF THE PROGRAM. Client agree and accept that Company may terminate Client from the Program by providing Client with written notice of termination if Company determine in our discretion that Client is conducting himself or Client business in a manner that is disparaging or disruptive to Company, that infringes upon Company’s intellectual property or other rights, or that violates the confidentiality provisions set forth in this Agreement. Termination does not constitute cancelation, and all payments under section 2 Compensation shall immediately become due and payable upon termination.

8. CONFIDENTIALITY. Client agree and accept that Company’s methods, processes, and strategies taught in the Program are the sole and exclusive property of Company and constitute a confidential property system that is protected by law, including but not limited to copyright, trademark, and trade secret law. Company system includes all materials associated with Program and the related Client Coaching Program, all business coaching strategies Company teach, and all associated coaching advice. You agree not to duplicate, disseminate, distribute, or otherwise disclose any part for any reason to third parties unless such disclosure

(a) is part of the Program

(b) is required by valid legal processes (whereby Client agree and accept to provide prompt written notice of such legal process to Company so that Company can take appropriate legal action to protect Company’s interests); or

Client further agree and accept that any violation of the term will cause substantial and irreparable harm to Company and that Company is entitled to seek any form of legal redress available, which may include injunctive relief and substantial damages.

9. NO RESALE OF SERVICES PERMITTED. 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 with the Company’s without the Company’s prior written consent.

10. 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.

11. USE LICENSE. Permission is granted to temporarily download one copy of any downloadable materials on the Program’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not

(a) modify or copy the materials;

(b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

(d) remove any copyright or other proprietary notations from the materials; or

(e) transfer the materials to another person or 'mirror' the materials on any other server.

This license shall automatically terminate if Client violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

12. LIMITATIONS. In no event shall the Company be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Program’s website, even if the Company or an authorized of the Company has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

13. LIMITATION OF LIABILITY. 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. By using Company’s services and enrolling in the Program, Client releases Company from any and all damages that may result from anything and everything. Client accepts any and all risks, foreseeable or unforeseeable, 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-day 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.

14. DISCLAIMER. The materials on the Program’s website are provided 'as is'. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

15. DISCLAIMER OF GUARANTEE. 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, merchant ability, 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.

16. DISCLAIMER OF RESULTS. Company does not guarantee results. Company is convinced that Client will derive great benefits from Client participation in the Program and is dedicated to helping Client become successful as Client envision. However, Company does not guarantee or represent in any way that Client or Client business will attain a certain level of sales, profits, earnings, or any other metric of success, either short-term or long-term. Client and Client business’s success depends on many factors, including but not limited to Client personal motivation. Client time commitment, how effectively Client implement the strategies taught in the Program, Client efficiency in following up on each phase of the Program, and the particular market and industry in which your business operates. Client participation in the Program is an investment. None of the stories shared or examples used in Company’s materials, on its website, or during its calls or events is a guarantee of any particular result or success. Company disclaims any express or implied promised or representation other than those contained in this Agreement.

17. ADVICE NOT GIVEN. Client agree and accept that the Program is not intended to and does not provide Client or Client business with legal, tax, financial, or accounting advice.

18. NO SUBSTITUTE FOR MEDICAL TREATMENT. Client agrees to be mindful of his/her own wellbeing 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.

19. PROGRAM 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.

20. USE OF LIKENESS. Client agree and accept that Company is authorized to record, photograph, or otherwise capture likeness, voice, images, interviews, and statements made in connection with your participation in the Program (except for private coaching sessions) for Company’s own use. Client hereby assign to Company all rights, title, and interest to have and to use, royalty free, any such likeness or portion of Client participation in the Program for advertising, marketing, documentary, informational, training, or any other lawful purpose.

21. 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.

22. CONFIDENTIAL INFORMATION. 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.

23. REVISIONS AND ERRATA. The materials appearing on the Program’s website may include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its website are accurate, complete, or current. Company may make changes to the materials contained on its website at any time without notice. Company does not, however, make any commitment to update the materials.

24. 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.

25. 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, attorney’s 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.

26. 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.

27. ARBITRATION AGREEMENT. Company and Client each agree and accept that any dispute arising out of or related to this Agreement or the Program shall be submitted to binding arbitration and heard by a single arbitrator. Arbitration shall be conducted on an individual basis and not on a class, representative, or consolidated basis. By agreeing to binding arbitration, Company and Client are each giving up the right to have any claims against the other that already exists or may exist in the future considered by a court or a jury. The arbitrator shall be provided by JAMS, which makes its rules and terms of arbitration available at www.jamsadr.com, and shall be selected by mutual agreement. Either Company or Client may initiate arbitration by giving written notice of arbitration to the other and filling a demand for arbitration with JAMS. If an arbitrator is not selected within 30 days of the date the demand for arbitration is filed, the JAMS is authorized to select a neutral and independent arbitrator, which decision shall be final and conclusive. The arbitrator is authorized to issue any form of rele3if authorized by applicable law, including injunctive relief, declaratory relief, and damages. The prevailing party in any dispute shall be entitled to recover all costs and attorney’s fees incurred in connection with arbitration (including any costs and attorney’s fees incurred in court seeking to compel arbitration) to the fullest extent allowed by law. The arbitration shall be conducted in Los Angeles, California unless otherwise required by law.

28. CHOICE OF LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the state of California 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 state of California, Los Angeles County pursuant to the rules of the American 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.

29. ENTIRE AGREEMENT. The terms of this Terms and Conditions constitutes the entire Agreement between Company and Client. 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, or implied agreement related to the Program. If any portion of this Agreement is unenforceable, such portion shall be severed and the remainder of this Agreement shall be fully enforceable. This Agreement may be modified only by an instrument in writing duly executed by both parties.

30. 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.

31. SEVERABILITY. If any of the provisions contained in this Agreement, or any part of them, 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.

32. LINKS. Company has not reviewed all of the websites linked to its website and is not responsible for the contents of any such linked websites. The inclusion of any link does not imply endorsement by the Company of the website. Use of any such linked website is at the Client's own risk.

33. GDPR COMPLIANCE. Client agree and accept that Company will be using Client personal data entered here to deliver the product or service Client is purchasing and to communicate relevant information about the delivery of the product of service to Client. In accepting this Agreement Client is indicating that Client has read and accept our Privacy Policy and our Terms and Conditions.

34. TERMS AND CONDITIONS MODIFICATIONS. Company may revise these Terms and Conditions for its goods/services supplied by Company to Client at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms and Conditions.

35. GOVERNING LAW. The construction, interpretation, and application of the terms of this Agreement are governed by the las of the State of California, without regard to its conflict of law rules. Any claim relating to the Company’s website shall be governed by the laws of the Company Owner’s home jurisdiction the laws of the State of California without regard to its conflict of law provisions.

36. OTHER TERMS. Upon execution by clicking “I agree,” the Parties 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 of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument with the same effect as an originally signed copy.