STACK MY DIME BLUEPRINT- PROGRAM AGREEMENT
1. Terms and conditions
TWO SIDES OF A DIME INC. (the "Company") agrees to provide you with access to the STACK MY DIME BLUEPRINT and its related products purchased on www.stackmydime.com (the "Program") upon the following terms and conditions.
By purchasing and enrolling in the Program, you (the "Participant" or "You") agree to be bound by and abide by the following terms and conditions.
2. Effective Date
This Agreement shall start upon the Participant's purchase and enrolment in the Program and shall be enforceable between the parties beginning on that date.
The Company agrees to provide access to all program features described on the specific Program sales page on the Effective Date. These Program features may include lessons, cheat sheets, worksheets, group or private coaching and private community.
The Company may also introduce discounts or bonuses to Participants upon purchasing other products or services.
The Participant must utilize all group coaching sessions within the duration of the Program, or they will be forfeited.
The Participant is 100% responsible for implementing all the actions required in the Program.
The Program or Company will not offer any done-for-you services.
Any additional services provided by the Company to the Participant may require additional fees to be discussed and agreed upon by the parties. Additional services may require the signing of a separate agreement.
4. Client Duties
To receive access to the Program and its offering, the Particpant agrees to pay the current Program fee stated on the Program sales page at the time of joining. If You choose a multiple payment plan option, your next payment will be due 30 days after the first payment. Subsequent payments will be due 30 days from the last payment until complete payments have been received. You understand that you will not receive an invoice reminder for these payments. If any authorized charge applied by us to your card fails, you remain responsible for payment as agreed to, as well as any penalty/late fees as detailed below.
(b) Late Payment Fee.
If any fee agreed to by the Participant remains unpaid on the 7th day following its due date, a late fee of ten percent (10%) of the payment due will be assessed; a late fee will be assessed following each subsequent 7-day period. The Company reserves the right to restrict your access to the Program or terminate your participation in the Program unless and until all outstanding fees have been paid in full.
(c) Payment Security and Disputes.
To the extent that the Participant provides Company with credit/debit card(s) information for payment on the Participant's account, the Company shall be authorized to charge the Participant's card(s) or account(s) for any unpaid charges on the dates outlined in this Agreement.
If the Participant selects the multiple payment/installment plan to make payments to Company. In that case, Company shall be authorized to make all charges when they are due and not require separate authorization to do so.
The Participant agrees to not fraudulently initiate any payment disputes at any time to the Company's account through the Participant's financial institution. If the Participant inadvertently disputes a charge made to the account, the Participant agrees to cancel/withdraw such a dispute immediately. The Participant agrees not to cancel the credit/debit card that is provided as security without the Company's prior written consent. The Participant is responsible for any fees, including attorney's fees, associated with recouping payment on chargebacks and any collection fees associated with such an event.
(d) Tools to be provided by the Participant.
The Participant agrees to provide all tools, information, and documentation that may be required by the Company to effectively perform said Services.
(e) The Participant understands that the Participant's success in the Program is dependent upon the Participant's level of participation in the Program. In order to get the most out of the Program, the Participant must also work to implement the tools and strategies learned throughout the Program and make considerable efforts toward the Participant's financial improvements on the Participant's own time during the Program term. The Participant is responsible for requesting support from the Company when needed.
5. Program Access
The Participant will receive lifetime access to the course materials in the Program as well as any Program updates. Lifetime access refers to the lifetime of the program. Access to the private community is complimentary, and the Company can decide to terminate access to the community at any time.
Communication in our relationship is of the utmost importance. Therefore, all communication will take place via e-mail or the private community.
Our contact info is as follows:
E-mail: [email protected]
Business hours: Monday - Thursdays: 10 am - 4 pm EST
All communications will be acknowledged/responded to within 24-48 hours, not including weekends or holidays.
7. Cancellations and Refunds
(a) Company can end the Participant's participation.
In the event that the Participant engages in abusive or unprofessional behaviour in the Program towards representatives of the Company or other Program members. In that case, Company reserves the right to cancel the Participant's participation and terminate access to the Services without notice. No refund will be provided if this takes place. In addition, the Participant will remain obligated to pay the total remaining unpaid program fees.
(b) Failure to participate.
The Participant's failure to effectively participate in the Program is not grounds for a refund.
(c) Refund Policy.
The Participant is eligible for a 7-day refund from the date of purchase. Due to the nature of the Program, the Company will not offer refunds for the Program after 7 days. The Participant understands that disputing a charge through their financial institution (in the form of a "chargeback") violates this Agreement and agrees not to do so. Please refer to Section 4(c) for our chargeback policy.
(d) The Program and Term cannot be paused or placed on hold for any reason.
(e) Force Majeure.
Notwithstanding the above, the Company may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of the Company that materially affects the Services provided in this Agreement, including:
1. A natural disaster (fires, explosions, earthquakes, hurricanes, flooding, storms, or infestation); or
2. War, invasion, the act of foreign enemies, embargo, or other hostility (whether declared or not); or
3. Any hazardous situation created outside the control of either party, such as a riot, disorder, pandemic or epidemic, nuclear leak or explosion, or act or threat of terrorism.
If Section 7(e) applies, Company will be permitted to make a reasonable effort to reschedule calls/sessions/etc. to comply with the terms of this Agreement. However, the Company will not be in breach if this is not possible due to the circumstances.
8. No Guarantees
(a) We cannot guarantee the outcome of the Services and participation in the Program.
We make no guarantees other than the Services outlined on the Program sales page at the time of enrollment. The Participant acknowledges that the Company cannot guarantee any results of the Services/Program as such outcomes are based on subjective factors (including, but not limited to, the Participant's participation) that cannot be controlled by Company. Any testimonials or reviews shared by Company are not a representation of guaranteed results, only possible outcomes. The Participant not achieving their desired results is not grounds for a refund.
(b) Technical issues.
If the learning materials provided via the online learning platform (Kajabi) are inaccessible, Company shall have 72 hours to re-deliver access to the Participant.
(c) Third-party referrals.
From time to time, and upon the Participant's request, the Company and its representatives may provide the Participant with recommendations or referrals for third-party service providers and products. The Company in no way guarantees the quality of service offered by any third party and bears no liability concerning such service or experience.
(d) Affiliate links.
The Company may provide the Participant with affiliate links under which Company may benefit monetarily. The Company in no way guarantees the quality of service provided by any third party and bears no liability with respect to such service or experience.
(a) Participant Information.
Due to the group nature of the Program, Company cannot guarantee confidentiality. Therefore, do not share any confidential and proprietary information which may harm your financial or personal interests if repeated, copied, or otherwise transmitted and implemented by a third party.
(b) Company Information.
The Participant agrees to keep confidential any Confidential Information and data of a confidential nature, including but not limited to any design, creative, marketing, sales, operating, performance, know-how, business and process information ("Confidential Information") shared by the Company in the Program. Any Confidential Information shared by Company, its employees, or contractors is confidential, proprietary, and belongs solely and exclusively to Company. The Participant agrees not to disclose, reveal, or make use of any Confidential Information or any transactions, during discussions, in the private community, or otherwise. the Participant agrees not to use such Confidential Information in any manner. Confidential information shall not include information rightfully obtained from a third party. The Participant will keep Company's Confidential Information in the strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss, and theft.
The Participant shall, during and after the participation in the Program, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding the Company or any of the Company's officers, directors, employees, personnel, agents, policies, services, or products, other than to comply with the law. This provision in no way restricts the Participant's ability to communicate reviews or performance assessments about a Company's goods or services.
(d) Violations of Confidentiality.
The Participant agrees that if the Participant violates or displays any likelihood of violating this Section 9, the Company will be entitled to injunctive relief to prohibit any such confidentiality violations from protecting against the harm of such violations.
(e) Participant Features.
Notwithstanding the above section, Company may choose to feature the Participant on its website, social media channels, etc. The Participant agrees to allow Company to share its likeness, achievements, and success unless otherwise agreed to by the Participant. The Company agrees to maintain the confidentiality of any sensitive and confidential information and to provide the Participant with a preview of the feature before publication on its website. Features which do not name or identify the Participant directly will not require prior authorization.
10. Independent Contractors
(a) Independent Contractor Relationship.
This Agreement shall not render Company an employee, partner, agent of, or joint venturer with the Participant for any purpose. The Company is and will remain an independent contractor and service provider in its relationship to the Participant. The Company is or remains open to conducting similar tasks or activities for entities other than the Participant and holds itself out to the public as a separate business entity. The Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under this Agreement. The Company will not be required to follow or establish a regular or daily work schedule. The Company will not rely solely on the equipment or offices of the Participant for completing tasks and duties set forth under this Agreement. Any advice to Company regarding services performed for the Participant shall be considered a suggestion only, not an instruction. Company and the Participant agree to conform to any CRA/IRS tests necessary to establish and demonstrate the independent contractor relationship between the Participant and Company.
(b) Taxes & Benefits.
The Company will be responsible for filing its tax returns and paying taxes in accordance with all provisions of applicable Federal and State law. The Participant shall not be liable for withholding taxes concerning Company's compensation. The Company shall have no claim against the Participant for any vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance, or employee benefits.
11. Ownership of Intellectual Property
(a) IP Ownership.
The Participant agrees that the Program contains proprietary content ("Intellectual Property") owned solely by the Company and its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. The Company retains the sole right to use, reproduce, and distribute the Intellectual Property worldwide in any medium. The Company grants the Participant a license to use the Intellectual Property solely for the Participant's noncommercial purposes. The Participant agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan, or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of the law. For the avoidance of doubt, the Participant agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Company's Intellectual Property or that in any way violate Company's Intellectual Property, without Company's written consent. Any registered or common law trademark, service mark, logo, or tagline used in conjunction with the Program is property of the Company. The Participant may not use such trademarks or service marks for any purpose except with written permission by Company.
STACK MY DIME BLUEPRINT™, GOAL-BASED INVESTING FRAMEWORK™, STACKED FOR LIFE™, B.E.S.T LIFE™and TWO SIDES OF A DIME™ are trademarks of TWO SIDES OF A DIME INC. STACK MY DIME BLUEPRINT™ is a copyrighted work of TWO SIDES OF A DIME INC.
(b) No Resale of Services Permitted:
The Participant 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 transferrable or assignable without the Company's prior written consent.
(c) Participant agrees not to share access to the materials with others.
This includes parties that have not purchased access to the Program or any other third party that Company has not authorized access to.
The Company records all calls and meetings. The Company may provide the Participant access to these recordings via the online forum or other means provided by Company. The Participant agrees and consents to record any calls, meetings, or conversations as part of this Agreement. Company reserves all rights in any recordings
(a) Company's Warranties.
The Company represents, warrants, and covenants that it has full authority to enter into this Agreement. All of the Services, whether performed by the Company or any of its subcontractors, will be rendered using sound, professional practices and competently and professionally by knowledgeable and qualified personnel.
(b) Participant's Warranties.
The Participant represents, warrants, and covenants that the Participant has full authority to enter into this Agreement and has or will obtain all of the necessary consents, rights, licenses, clearances, releases, or other permissions to consummate the transactions lawfully and lawfully discharge, in all material respects, every of the Participant's obligations or duties, whether performance is due now or during the Term.
(c) Except for the express warranties provided throughout these terms, neither party makes any other warranties, express or implied.
13. Limitation of Liability
(a) In no event shall Company have any liability to the Participant for any lost profits, investment losses, taxes, bad investments, loss of income, business interruption, costs of procurement of substitute goods or services, or for any indirect, special, incidental, multiple, exemplary, punitive, or consequential damages however caused and, whether in contract, tort, or under any other theory of liability, whether or not either party has been advised of the possibility of such damage; and
(b) In no event shall Company's liability to the Participant exceed the fees paid by the Participant under these terms, whether in contract, tort, or under any other theory of liability.
(c) The limitations in this Section 13 shall not apply to a breach of confidentiality by a party to this Agreement or the obligations under Section 9.
(d) The Participant understands that the information presented in the Program is not legal, financial, tax, therapeutic, mental health, or medical advice. The Company is not a Financial Services firm or designated Financial Advisor. All of the information provided throughout the Program and Services, including the resources delivered via phone/video conference, e-mail, in the online forum, live events including webinars and video/audio recordings educating about investing, taxes, credit, business, laws, health, and other finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. The Participant understands that Company does not and will not provide any diagnosis.
Suppose a coach or an individual acting on behalf of TWO SIDES OF A DIME INC within the Program is licensed professionally (CPA, CFP, JD, MD, RN, PA, LMFT, Therapy/Mental health professionals, etc.). In that case, the Participant understands that these individual(s) are not acting within their capacity as licensed professional(s).
14. Entire Agreement; Modification
This Agreement constitutes the entire Agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties.
No waiver of any of the provisions of this Agreement shall be deemed or constitute a waiver of any other provision. No waiver shall be binding unless executed in writing by the party making the waiver.
15. Neutral Construction
The Company prepared this Agreement. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because Company or its counsel prepared them; each provision of this Agreement shall be interpreted in a manner which is fair to both parties.
16. Changed Terms
Parties may amend this Agreement by mutual Agreement and in writing, signed and agreed to by both parties.
This Agreement shall be binding on the parties to it and their respective heirs, legal representatives, successors, and assigns, provided that the Participant may not assign any of its rights under this Agreement.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
TWO SIDES OF A DIME INC
16 Rutherford Rd S, Suite 203, Brampton,
Ontario L6W 3J1
E-mail: [email protected]
To the Participant at the Participant's mailing and/or e-mail address provided at the time of purchase.
Any party may change its address for this section by giving the other parties written notice of the new address.
19. Governing Law; Venue; Mediation
This Agreement shall be construed under, and governed by, the laws of the Province of Ontario as applied to contracts that are executed and performed entirely in Ontario. The exclusive venue for any proceeding based on or arising out of this Agreement shall be Brampton, Ontario. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation after a good faith effort to settle such dispute amicably. Parties shall share in the costs. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
20. Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Wherever possible, each contract provision will be interpreted as valid under applicable law. If any provision is held illegal or unenforceable, that provision will be reformed to the extent necessary to make the provision legal and enforceable. All remaining provisions will remain unaffected & will continue in full force and effect.