DIGITAL PRODUCT(S) AND DIGITAL COURSE(S) PURCHASE AGREEMENT
Pyzza Speech Therapy, LLC
This Agreement is between You (“You”, “Your”, “Purchaser”, “Student”) and Pyzza Speech Therapy, LLC (“Company”) (collectively the “Parties,” or in the singular “Party”), for the purpose of You purchasing and participating in Company’s digital product(s) and digital course(s) (“Product”, “Products”), purchased through this website at www.pyzzaspeechtherapy.com or any related domains or subdomains (the “Sites”). This Agreement shall become effective upon the date of Purchaser completing the checkout process (“Effective Date”).
1. Scope of Product Purchase Agreement
Our “Products” include but are not limited to: digital downloads, digital courses, memberships, video downloads, and any other documents or digital products for paid purchase on these Sites.
2. Product Terms
After purchasing Products, You will be given access to the digital materials in Squarespace by Company within 24 hours. You will have lifetime access to the Product you’ve purchased so long as the Product is available. In the event Company takes the Product offline, Company will notify You at least thirty (30) days before the planned removal and You will be able to download the Product materials onto Your own media storage.
You shall only have one personal license to access the Product and use Product materials. You understand and agree that the Product materials may not be shared with any third-party. In the event Company suspects that the Product is being shared or that You have shared Your log-in information with a third-party, Company reserves the right to immediately terminate this Agreement along with Your access to the Product in its sole discretion.
3. Fees
You agrees to pay Company a fee in consideration for access to the Products provided by Company. You will pay the Product fee in full up front as indicated on the checkout page.
5. Refund Policy
All Products offered by Pyzza Speech Therapy, LLC are non-refundable under any circumstance upon purchase due to the immediate nature of delivery of digital Products to your email address and immediate access to the intellectual property and information in the document(s).
6. Personal Information
When purchasing Products, You will be asked to register with the Product host platform to receive access to Product materials. You shall select a username and password and may be asked to provide further personal identifying information. You agree to allow Company access to this personal information for all lawful purposes. You are responsible for the accuracy of the identifying information provided, for maintaining the confidentiality and security of Your identifying information, and for updating Company regarding any changes to Your identifying information.
The billing information provided to Company by You will be kept secure and is subject to the same confidentiality and accuracy requirements as Your identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or other unlawful activities, is grounds for immediate termination from accessing the Product.
7. Your Contributions
You may make written posts or may post materials, comments, or replies to comments (“Your Contributions”) on the Product platform, Product materials, or on any possible private social media groups. You grant Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit, and make derivative works of all Your Contributions.
8. Bonuses & Promotions
Company may offer bonuses and/or promotions to prospective Purchasers via marketing and advertising. You are entitled to any bonuses and/or promotions offered at the time of Your enrollment. Bonuses and/or promotions are not guaranteed to be available, and may vary depending on live and automated promotions throughout the year. Company reserves the right to offer, change, or alter bonuses and/or promotions at any time in its sole discretion.
9. Termination
You may not terminate this Agreement once signed and are required to complete all payments as specified in Section 3.
Company may terminate this Agreement in the event You breach this Agreement or any of the Product rules, guidelines, and terms. In the event of termination by Company, You will be immediately removed from and no longer have access to the Product or the Product platform. You shall still be required to complete all payments and will not be entitled to any refunds.
10. Communication
Company is generally available to answer questions related to the Product during its normal business hours: Monday – Friday 9am – 5pm MST, excluding holidays. Company WILL ONLY answer Your inquiries and communications submitted via email. Company WILL NOT answer any direct messages sent through the Product platform or on any social media platforms from any Purchaser. Company will respond to Your inquiries and communications submitted via email at their earliest convenience during normal business hours.
11. Service Location
Both Parties agree and understand that the Product platform and any possible private social media groups to be provided under this Agreement shall be provided and/or performed virtually.
12. Copyright
All Products, Product materials, documents, Squarespace posts/comments/replies, emails, blogs, digital files, paper documents, and any other work created by Company in relation to Products and to this Agreement is the exclusive and sole property of Company and are protected by United States Copyright Laws (U.S.C. Title 17). You hereby agree that Company’s Products and accompanying content is owned by Pyzza Speech Therapy, LLC and is not to be used for purposes beyond Your implementation. You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Product content and resources. You shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Products created by Company. Violations of this federal law will be subject to its civil and criminal penalties.
13. Confidentiality
You shall not: (a) disclose to any third-party any details regarding the business of the Company, including, without limitation, its Product materials, Product downloads, Product outlines, coaching methods, customers, purchasers, students, the prices it obtains, the prices at which it sells products and programs, its manner of operation, its plans, its Product and coaching strategies, any of the Company’s trade secrets, or any other information pertaining to the business of the Company (the “Confidential Information”), (b) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution, unless requested to do so by the Company, or (c) use Confidential Information other than solely for the benefit of the Company.
14. No Guarantees
Company agrees to provide the Product materials listed in this Agreement in a reasonable and timely manner. You agree to take responsibility for Your own outcomes and results, and understand that the Products provided by Company require Your work, time, effort, dedication, and commitment.
COMPANY DOES NOT MAKE ANY PROMISES OR GUARANTEES REGARDING PERSONAL, BUSINESS, FINANCIAL, OR OTHER OUTCOMES AND RESULTS THAT YOU SHOULD EXPECT TO EXPERIENCE AS A RESULT OF YOUR PURCHASE OF THE PRODUCT. YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN OUTCOMES AND RESULTS.
15. Release & Reasonable Expectations
You have spent a satisfactory amount of time reviewing Company’s business and Product offerings, and have a reasonable expectation of the type of services that Company will provide. You understand and agree that Company’s Products will produce different outcomes and results for each Purchaser, and outcomes are largely based on an individual Purchaser’s work, time, effort, dedication, and commitment to the Product materials. You understand and agree that:
Every Purchaser is different, and final outcomes and results will vary for each individual.
Product content is intended for a mass audience, and no 1-on-1 services are expected or guaranteed under this Agreement.
Dissatisfaction with Company’s (or any of its agents’) independent judgment or coaching/mentoring/teaching style within the Product and in accompanying online platforms are not valid reasons for termination of this Agreement or request of any monies returned.
16. Professional Disclaimer
Client understands and agrees that Company is not providing the professional services of a speech-language pathologist, attorney, accountant, financial planner, therapist, or any other kind of licensed or certified professional. The Product and any additional services provided by Company under this Agreement are for informational purposes only. You acknowledge and agree that any information provided by Company in the Product platform, Product materials, or any possible private social media groups is not intended to constitute legal advice, medical advice, financial advice, therapeutic advice, or any other type of professional advice, and no fiduciary relationship has been created between Company and You. Should You desire professional services that exceed the scope of this Agreement, it is Your responsibility to seek out and retain the appropriate service provider(s). Products provided by Company DO NOT constitute as speech-language therapy services.
17. Assumption of Risk Using Online Platform
You agree that Your purchase and use of Company’s Products are at Your own risk. Company does not assume or accept responsibility for the security of Your account or content. You agree that Your participation in the creation of an online account is at Your own risk. In the event a breach of security has occurred, Company will immediately Notify You and will proceed pursuant to all applicable laws and regulations.
18. Spam Policy
You are strictly prohibited from using the Product and Product materials for illegal spam activities, including, but not limited to, gathering contacts, email addresses, or other personal information from fellow Product Purchasers, distributing such information to third-parties, or sending any mass commercial emails.
19. Warranty Disclaimer
You agree that Your purchase and use of Company’s Products are at Your sole and exclusive risk, and that any services provided by Company are on an “as is” basis. Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to, the implied warrant of fitness for a particular purpose and the implied warranty of merchantability. Company makes no warranties that the Product will meet Your needs or that the Product will be uninterrupted, error-free, or secure.
20. Indemnification
You hereby agree to indemnify and hold harmless Company and its officers, directors, employees, consultants, contractors, and agents from and against any and all losses, damages, liabilities, expenses, and costs, including reasonable legal expenses and attorneys’ fees, as a result of any claim, demand, action, or other legal proceeding by any third-party, to the extent such losses arise directly or indirectly out of activities performed by Company pursuant to this Agreement, except to the extent such losses result from the gross negligence, willful misconduct, or intentional acts of Company.
21. Maximum Damages
The sole remedy for any actions or claims by You shall be limited to a refund, the maximum amount not to exceed the total monies paid by You under this Agreement.
22. Limitation of Liability
In no event shall Company be liable under this Agreement to You or any other third-party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not You were advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
23. Force Majeure
No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other Party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control that are unforeseen and unpredictable at the time of contracting, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns, or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 10 days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 30 days following Notice given by it, the other Party may thereafter terminate this Agreement upon Notice. All payments made by You up to the date of Notice of a Force Majeure Event are non-refundable. In the event this Agreement is terminated due to the impossibility of the Impacted Party to cure its performance obligations, such payments shall be credited to Clients’ account and must be used within twelve (12) months from the date of Notice of the Force Majeure Event.
24. Inability of Company to Continue Products
In the event Company determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, religious obligations, or other personal emergencies, it will immediately give Notice to You.
25. Sales Tax
Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from You and remitted by Company. All sales tax will be included on invoices and/or the checkout process through the Company’s online payment platform.
26. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.
27. Venue & Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, including all matters of construction, validity, performance, and enforcement, and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement that is not first resolved by arbitration shall be resolved exclusively in a federal or state court of competent jurisdiction located in Maricopa County, Arizona. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement become necessary.
28. Arbitration
Any and all disputes or disagreements arising between the Parties out of this Agreement upon which an amicable understanding cannot be reached shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Maricopa County, Arizona, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each Party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
29. Transfer
This Agreement cannot be transferred or assigned to any third-party by either Company or You without written consent of all Parties.
30. Severability & No Waiver
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.
31. Headings
Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.
32. Notice
Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent: Company’s Email: hello@pyzzaspeechtherapy.com.
33. Facsimile Signatures
The Parties agree that a facsimile copy (electronic copy) of this Agreement with the signatures as indicated below shall constitute a valid contract.
Purchaser Signature
By checking the box on this order form and upon completion of purchase, You confirm that You have read, understand, and agree to the terms and conditions of this Agreement.
Company Signature
Company has read, understands, and agrees to the terms and conditions of this Agreement.
Gabriela Pyzza
Owner of Company