Effective Date: July 1, 2024
The following Terms and Conditions govern the agreement (“Agreement”) between You (the purchaser of SELLING ONLINE (the “Offer”)) and Mark Haberstock Consulting, and its affiliates, sub-contractors, employees, agents, owners, or assigns (“Mark Haberstock Consulting”), attached hereto and entered into effective as of the date of Your signature on the Agreement (“Effective Date”). You and Mark Haberstock Consulting are each referred to as a “Party” and collectively as the “Parties.”
1. PAYMENT TERMS. You authorize Mark Haberstock Consulting to immediately process the credit card information you have provided to Mark Haberstock Consulting, in the amount that you have indicated on the Offer. You acknowledge and agree that the Offer purchase does not include any other service, product, travel, admission, or expense, other than as set forth on the order form to which these Terms and Conditions are linked. Mark Haberstock Consulting reserves the right to cancel your access to Selling Online at any time for any reason.
2. NO INCOME CLAIMS. You agree that neither Mark Haberstock Consulting, nor its representatives, has made any promise, guarantee, or other representation with respect to Your future income or gains resulting from the provision of the Offer, and that You have not been induced to enter the Agreement as a result of any income claims.
3. TERM. The Agreement shall remain in effect indefinitely from the Effective Date, and You understand and agree that You shall have no right to receive any services following expiration of the Agreement. Any extension or expansion of the Offer may require you to make additional payments.
4. INTELLECTUAL PROPERTY. Mark Haberstock Consulting retains all right, title and interest in any and all intellectual property related to or associated with the Offer and its services, including without limitation:
(a) trademarks and copyrights; and
(b) any other proprietary right arising under the laws of Canada. You understand and agree that neither the Agreement nor the services under the Offer by Mark Haberstock Consulting shall constitute a transfer, assignment, or license of any intellectual property rights from or by Mark Haberstock Consulting. You acknowledge that the content of the Offer services, including without limitation the materials and information provided to you as education, is confidential and proprietary to Mark Haberstock Consulting; accordingly, You agree that You shall not communicate the teachings, materials, or information acquired or learned from Mark Haberstock Consulting to any other person.
5. CONTACTS. By signing the Agreement and providing your credit card information, You agree that Mark Haberstock Consulting may call you regarding your account information and regarding other offers, products, and services, and that this consent is not a condition of purchase.
6. INDEMNITY. You agree to protect, defend, indemnify and hold harmless Mark Haberstock Consulting, its officers, directors, employees or their invitees, from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your receipt of services or actions taken in response thereto. Your indemnity obligation includes, but is not limited to, any claim for personal injury sustained while traveling to or attending any seminar or other in-person training provided by Mark Haberstock Consulting to You.
7. LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL MARK HABERSTOCK CONSULTING'S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT PAID BY YOU TO MARK HABERSTOCK CONSULTING IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO ANY CLAIM BY YOU. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND OR DESCRIPTION.
8. FORCE MAJEURE. Except for the duty to make payments hereunder when due, and the indemnification provisions under this Agreement, neither Party shall be responsible to the other for any delay, damage, or failure caused by or occasioned by any act of God, act of nature or the elements, terrorism, insurrection, or any other causes (except financial) beyond the control of either Party.
9. YOUR REPRESENTATIONS. You represent and warrant that: (a) You operate a business in good standing, and are purchasing the Offer for Your existing business; (b) there are no prior or pending government investigations or prosecutions against You, nor any prior or pending lawsuits against You; and (c) You agree to notify Mark Haberstock Consulting immediately if any investigation or lawsuit is threatened or filed against You, whereupon Mark Haberstock Consulting shall have the right to terminate the Agreement and these Terms and Conditions without liability.
10. MODIFICATIONS TO THE OFFER SERVICES. Mark Haberstock Consulting reserves the right to change, cancel, or terminate the Selling Online offer at any point in time, without notice to You. Mark Haberstock Consulting is hereby expressly permitted to make videos and other educational content unavailable at any time without notice to You. Furthermore, Mark Haberstock Consulting may revoke Your access to Selling Online for any breach of this Agreement, any breach of the Mark Haberstock Consulting Terms of Service or End User License Agreement (which can be accessed on www.markhaberstock.com or www.solopreneurplaybook.com, or for such other reason as Mark Haberstock Consulting determines in its absolute and sole discretion.
11. NO AGENCY. You are not permitted to hold yourself out to any person or entity as a representative, agent, employee, partner, or otherwise of Mark Haberstock Consulting (or Selling Online).
12. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against Mark Haberstock Consulting shall be resolved exclusively in final and binding arbitration before a single arbitrator selected by Mark Haberstock Consulting within a reasonable time of You giving notice of arbitration to Mark Haberstock Consulting. Arbitration shall be held in Edmonton, Alberta, Canada. You agree not to file suit in any court against Mark Haberstock Consulting, any of its affiliates, subsidiaries, officers, directors, or employees. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The decision of the Arbitrator will be final and binding on the Parties, subject to appeal only under the FAA, and may be reduced to a judgment in any court of competent jurisdiction. You agree that each Party shall bear its own costs and attorneys’ fees in any arbitration or litigation, regardless of which Party, if either of them, is deemed the prevailing party. Any claim must be brought in arbitration within one (1) year of the claim arising or forever be barred. This agreement to arbitrate survives any termination or expiration of the Agreement as well as bankruptcy or insolvency of either Party. Nothing in these Terms and Conditions prevents Mark Haberstock Consulting from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Mark Haberstock Consulting interest prior to, during, or following the filing of any arbitration or other proceeding.
13. WAIVER OF CLASS ACTION You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement, or Mark Haberstock Consulting. Claims brought against Mark Haberstock Consulting may not be joined or consolidated with claims brought by anyone else.
14. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the Canadian Province of Alberta without regard to any choice of law provisions.
15. SEVERANCE. In the event any provision of the Agreement or these Terms and Conditions is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and these Terms and Conditions, as so modified, shall continue in full force and effect.
16. NO ASSIGNMENT. The Agreement cannot be assigned by You to another party without the express written consent of Mark Haberstock Consulting. Mark Haberstock Consulting may freely assign this Agreement.
17. Refund Policy.
No Refunds for Digital Products
Due to the digital nature of our products, we cannot offer refunds for any purchased digital information products or digital assets such as templates. Once a product is purchased and downloaded, it is considered delivered.
No Refunds for Purchased Coaching Packages
Coaching packages are considered final sales. Once a package is purchased, no refunds will be issued, regardless of whether all sessions have been used.
Refunds for Unused Sessions
If you cancel a coaching package before all sessions have been used, we will provide a refund for the unused sessions. The refund will be calculated based on the original package price and the number of sessions remaining.
Non-Refundable Deposit for Consulting Services
For all consulting services, a non-refundable deposit of 50% is required to initiate the engagement. This deposit secures your place on our schedule and covers the initial setup and planning costs.
Cancellation of Consulting Services
You may cancel consulting services at any time. If you cancel before project completion, you will not be required to pay the remaining 50% balance. However, the initial deposit will not be refunded.
Exceptions
While we generally do not offer refunds, we may consider exceptions in rare cases of technical issues or errors on our part that prevent you from accessing or using the purchased products or services. In such cases, please contact our customer support team within 30 days of purchase to report the issue.
17. OTHER TERMS. This Agreement includes the terms and conditions set forth on www.markhaberstock.com. In the event of conflicting terms, this Agreement shall govern.
