These Terms and Conditions govern your use of the TheAttractionSwitch.com and AttractionSwitch.com web sites (hereinafter the “Website”). By accessing the Website, you, on behalf of yourself and your applicable affiliates (hereinafter “Customer” and “you”) are acknowledging and accepting these Terms and Conditions. These Terms and Conditions are subject to change by TAS LLC, an Estonia-based limited liability company having offices in New York, USA. (hereinafter “COMPANY”) at any time and at our discretion without notice. Your use of the Website after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the Terms and Conditions each time you use the Website. Please read carefully, and note our MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION.
1. REFUND AND CANCELLATION POLICIES
On all Program Purchases:
Unless otherwise stated on the specific products sales page and order form all of our products, all The Attraction Switch Program purchases come with a 24 hour no questions asked refund period. To have your refund qualify for this offer please reach out to our support staff via email support@TheAttractionSwitch.com within 24 hours of purchase and request a refund. After 24 hours have passed the programs and services come with an action-based 30 day money back guarantee. If you have purchased your program using a payment plan rather than a single payment option, you must qualify for a refund to receive a cancellation.
The conditions for the action based refund are as follows:
1. The member has watched all available videos.
2. The member has downloaded all the PDFs available and has written notes or highlighted the important content.
3. The member has followed all the action-steps.
4. The member needs to recorded a video for our support staff explaining:
A) Why member wants to refund the product
B) What happened when member tried the excercises
C) What member learned out of each of the modules in all weeks up to the point where member is asking for a refund (to prove that the member has paid attention while watching the videos)
5. If the member has had trouble the member must tag Ricky or listed coaches in the group in the group to help solve the issue.
6. The member must make an honest attempt. If our support can clearly see the member has not attentively watched the videos and therefore didn't learn the theoretical content of the course over the 30 days our staff reserves the right to deny any refund.
7. Consistent effort is defined by the following: Being able to summarize each of the modules from the beginning of the course. Show proof of the action-steps done each week to see a consistent effort put into the course.
8. All criteria for meeting our action based refund must be provided to our support staff via the email firstname.lastname@example.org. Our staff will not consider any information submitted outside of the email when assessing the validity of a refund request.
9. We are DEDICATED to your success and want you to use the course. We have no intention of with holding refunds to people who have made an honest attempt and found this course odel is not for them. However, complaints or explanations that the student did no "like" the course, comments that "the course material is not what the student was expecting" or that course materials and attraction phrases do not translate into other language are void and will therefore not be considered a valid reason for refund. The course is refundable ONLY if you substantially prove that you have made a consistent effort and that the course has not helped you. Additionally, if you have watched more than 50% of the course, please do not ask for refunds. If you are having problems please tag our coaches in the dedicated Facebook group, we are standing by ready to solve any issue you might have and to help you move forward.
As used in these Terms and Conditions, the following defined terms shall apply:
2.1. Affiliate means, with respect to a party, any entity which directly or indirectly controls, is controlled by, or is under common control with such party, where “control” means the power, directly or indirectly, to direct, or to cause the direction of, the management and policies of an entity, whether through majority ownership of voting securities or equity interests.
2.2. Customer Content means any files, documents and other information belonging to Customer or users as uploaded to Customer’s Service account for storage and/or sharing with third parties, and is not related to COMPANY servicing or accessing Customer’s account.
2.3. Effective Date means the earlier of the date (i) Customer submits the initial Order, or (ii) as stated on the signature block of the Order.
2.4. Order or Services Order means any initial or subsequent ordering document and/or online request for access to the Services submitted to COMPANY, an authorized reseller of COMPANY and/or through COMPANY’s product websites.
2.5. Services means the generally available software-as-a-service offerings of COMPANY (“SaaS Services”), as further described in the Service Descriptions. COMPANY may update the Services at any time and all Services set forth in the Service Descriptions may not be available to all Customers. The Services are for professional/business use only.
2.6. Service Descriptions means the overview and other terms applicable to the Services, as amended from time to time, and found at Service Descriptions.
2.7. Updates means any corrections, bug fixes, new features or functions added to the Services, but shall not include any new versions that COMPANY markets and sells separately.
2.8. Use Level means the model by which COMPANY measures, prices and offers the Service to Customer as set forth on the applicable price list, websites, Order, and/or Service Description.
3.1. Right To Agree To Terms. You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
3.3. Limitations on Use. Except to the extent permitted by applicable law, Customer agrees, on behalf of itself and its users, not to (i) modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or attempt to decipher any code relating to the Services and/or COMPANY’s technology; (ii) knowingly or negligently access or use the Services in a manner that abuses or disrupts the COMPANY’s networks, security systems, user accounts, or Services of COMPANY or any third party, or attempt to gain unauthorized access to any of the above through unauthorized means, (iii) transmit through or post on the Services any material that is deemed abusive, harassing, obscene, slanderous, fraudulent, libelous or otherwise objectionable or unlawful; (iv) market, offer to sell, and/or resell the Services to any unauthorized third party; (v) use the Services in violation of COMPANY policies, applicable laws, ordinances or regulations; (vi) use the Services to send unsolicited or unauthorized advertising, junk mail, or spam; (vii) harvest, collect, or gather information or data regarding other users without their consent; (viii) transmit through or post on the Services any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, data privacy or right of publicity; (ix) transmit or post on the Services any material that contains software viruses or other harmful or deleterious computer code, files or programs; (x) use the Services directly or indirectly for competitive benchmarking or other competitive analysis if Customer is a direct competitor of the applicable Service; (xi) submit to, or store in the Services, any Protected Health Information (“PHI”) unless Customer has complied with the section entitled “Customer Content / Customer Accounts / Conduct” below; or (xii) make any representations with respect to COMPANY or these Terms and Conditions (including, without limitation, that COMPANY is a warrantor or co-seller of any of Customer’s products and/or services). COMPANY shall have sole and exclusive discretion to determine applicability of the restrictions set forth above and any violations thereof.
3.4. Proprietary Rights. Except for the limited subscription rights granted herein, Customer has no right, title or interest in or to the COMPANY Marks or Services or any components provided by COMPANY in connection with the Services or any intellectual property rights related thereto. Customer acknowledges that COMPANY or its licensors retain all proprietary right, title and interest in and to, or practiced in connection with, the COMPANY Marks and the Services and any components, including, without limitation, all modifications, enhancements, derivative works, configuration, translations, upgrades and interfaces thereto.
3.5. COMPANY’s Marks. Unless expressly authorized under the terms of this Agreement, Customer agrees that it shall not use, register or apply for registration of any trademark, service mark, business name, company/trade name, domain name or social media account name or handle which is comprised of or incorporates in whole or in part any Mark of COMPANY, or is otherwise confusingly similar to a Mark of COMPANY. In the event of any breach of this provision, Customer agrees that it will do all things necessary to effect the transfer of any such same or similar trademark, service mark, business name, company/trade name, domain name or social media account name or handle to COMPANY, including but not limited to executing assignment documentation.
4. ORDERS, FEES AND PAYMENT
4.1. Orders. Customer may order Services using the COMPANY’s then-current ordering processes. All Orders are subject to acceptance by COMPANY in its discretion. All Customer information provided by or on behalf of Customer must be current, complete and accurate and Customer is responsible for keeping such information updated. Order information is subject to automatic processing by COMPANY for the purposes of managing Customer’s account.
4.2. Fees and Payment. Customer is responsible for all fees applicable to the Services, including any one-time implementation fees (“Fees”). All Fees are due and payable as set forth on the invoice and, unless otherwise agreed in writing, payments are due thirty (30) days from the invoice date. Customer agrees to notify COMPANY of any fee dispute within fifteen (15) days of the invoice date and Customer agrees to work in good faith to promptly resolve any dispute and pay fees within fifteen (15) days following resolution of the dispute. When applicable, Customer authorizes COMPANY (i) to take steps to determine whether a debit/credit card number provided is valid, and (ii) charge such card in accordance with the billing frequency specified in the Order. COMPANY reserves the right to terminate its agreement with Customer immediately in the event any payment information is found at any time to be inaccurate, incomplete and/or not current. COMPANY shall not be responsible for any overdraft charges or other fees that may be incurred due to COMPANY use of Customer’s card for payment hereunder. COMPANY will not agree to submit invoices via a customer procurement to pay online portal and/or Electronic Data Interchange (EDI) Portals. COMPANY reserves the right to update the price for Services at any time after the Initial Term. COMPANY will notify Customer of any price changes by publishing on its website, emailing, quoting or invoicing Customer. Price changes will be effective as of the next billing cycle.
4.3. Additional Services. Customer may order additional Services at any time. Unless otherwise agreed in the applicable Order, any additional Services ordered by Customer following the Effective Date are subject to these Terms and Conditions, and shall be coterminous with the Terms and Conditions for existing Services.
4.4. Late Payments. COMPANY reserves the right, in its discretion, to (i) suspend or terminate the Services or any portion thereof for non-payment of undisputed Fees, and (ii) impose a charge to restore archived data from delinquent accounts. Customer agrees to reimburse COMPANY for all reasonable costs and expenses incurred in collecting delinquent amounts.
5. CONTACTING US
If you need to contact us, you can email us at <email@example.com>
6. COMPLIANCE WITH LAWS
In connection with the performance, access and use of the Services under these Terms and Conditions, COMPANY and Customer agrees to comply with all applicable laws, rules and regulations including, but not limited to, export and import, data protection, and privacy laws and regulations. Specifically, Customer shall provide the relevant persons and/or participants with all information or notices Customer is required by applicable privacy and data protection laws to provide and, if necessary, obtain the consent of or provide choices to such persons and/or participants as required. Notwithstanding any other provision in these Terms and Conditions, COMPANY shall have the right to immediately terminate its agreement with Customer for noncompliance with applicable laws.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Any provision herein to the contrary notwithstanding, the maximum liability of COMPANY to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Content delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to COMPANY by You for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of COMPANY arising out of this Agreement. The parties acknowledge that the limitations set forth in this section are integral to the amount of consideration levied in connection with the Website and any services rendered hereunder and that, were COMPANY to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.