TERMS OF TRANSACTION
READ THE TERMS OF TRANSACTION CAREFULLY BEFORE PLACING AN ORDER. THIS AGREEMENT IS MADE BY AND BETWEEN, YOU, HEREAFTER REFERRED TO AS 'CUSTOMER,' AND, COMPANYFLIX, LLC, HEREAFTER REFERRED TO AS 'COMPANY,' OR 'COMPANYFLIX.' BY PLACING AN ORDER, CUSTOMER HEREBY ACKNOWLEDGES AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS STIPULATED HEREIN. IF CUSTOMER IS NOT WILLING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, CUSTOMER SHOULD PROMPTLY EXIT FROM THIS PAGE.
1. TERMS OF SERVICE.
Upon acceptance of this Agreement, Company agrees to provide the services selected by Customer. Such services shall be provided in a professional manner, based on industry standards. Customer is responsible for obtaining a webcam and/or microphone necessary to participate in online public speaking skills courses. Customer agrees to complete all assignments prior to each training class. If Customer fails to take advantage of Customers services within six (6) months of purchasing said services, the Company has no further obligation to provide said services.
Customer agrees to pay the amount stipulated for the services selected by Customer. Customer's credit card shall be charged, upon acceptance of this Agreement, for the amount stipulated for the services selected by Customer. Customer agrees that all payments will be made in U.S. Dollars to CompanyFlix, via credit or debit card, issued by a US bank, including Visa, MasterCard, Discover Card or American Express. Customer's name and address as it appears on Customer's CompanyFlix account must be on the credit account from which Payment is made. Customer hereby authorizes CompanyFlix, to charge the amounts Customer owes to its credit card account and to demand immediate payment from the card issuer. Customer agrees to pay all costs of collection and expenses, including reasonable attorney's fees, incurred by CompanyFlix to collect any monies due under the terms of this Agreement.
If Customer completes all phases of the course and requests a refund, Company shall promptly issue a full refund to Customer. Any request for refund must be made within 30 days of submitting the order..
4. OWNERSHIP RIGHTS.
Company owns the rights to all video files pertaining to all Speaking Skills programs. Said video files will be made available to Customer after each Speaking Skills class. Customers ordering and participating in CompanyFlix Speaking Skills Courses hereby consent to the videotaping and taking of photographic images of his/her person and recording of his/her voice and all audio and visual recordings and activities related thereto, regarding said Speaking Skills course. Customer further consents to the use of customers name, voice and likeness in said video/s and to commercial distribution of said video/s for internet broadcast or any other form or medium. This consent is given to CompanyFlix, LLC and its successors and assigns. This consent is irrevocably given without limitation on use or expectation of compensation.
CompanyFlix makes no warranty, representation or promise not expressly set forth in this Agreement. CompanyFlix disclaims and excludes any and all implied warranties of merchantability, fitness for a particular purpose, product, usage of trade, course of dealing, title and non-infringement.
6. FORCE MAJEURE.
Inability or delay in completing performance of this Agreement resulting from cause beyond the control of Company, but not limited to labor disputes, governmental action or order, laws or acts of God shall not constitute a breach of contract, but Customer shall be entitled, by mutual agreement with Company, an extension of service, additional service or credit on a pro rata basis.
Customer shall indemnify, save and hold harmless CompanyFlix, its directors, officers, employees and agents from and against all liabilities, costs, losses, expenses (including reasonable attorneys' fees), and damages, resulting from any actions pertaining to the training courses offered by Company.
8. LIMITATION OF LIABILITY.
In no event shall CompanyFlix be liable to Customer or any third party for special, indirect, incidental or consequential damages whether arising under contract, warranty, or tort (including negligence or strict liability) or any other theory of liability. CompanyFlix's liability for damages, regardless of the form of action, shall not exceed the amount paid by Customer for the services. The limitation of liability reflects the allocation of risk between the parties.
9. COMPLIANCE WITH LAWS.
Each of the parties hereto shall exert every reasonable effort in the performance of their respective obligations hereunder to comply with all applicable municipal, county, state and federal laws, ordinances and regulations. This Agreement shall be governed by the laws of the State of Utah.
10. GENERAL PROVISIONS.
In the event that any portion of this Agreement shall be held illegal, void, or ineffective, the remaining portions shall remain in full force and effect. This Agreement shall be construed in accordance with the laws of the State of Utah without regard to its conflict of law provisions. Customer agrees and acknowledges that any breach of the provisions of this Agreement shall cause CompanyFlix irreparable harm and CompanyFlix may obtain injunctive relief as well as seek all other remedies available to CompanyFlix in law and in equity. This Agreement, including any documents incorporated herein by reference hereto, merges all prior written and oral communications and defines the entire agreement of the parties concerning the Services.
IF YOU DO NOT ACCEPT THE TERMS AND PROVISIONS OF THIS AGREEMENT, DO NOT PLACE AN ORDER AND PROMPTLY EXIT FROM THIS SITE.