TERMS OF SALE

Acceptance of the Terms of Sale

These Terms of Sale ("Terms of Sale") are entered into by and between you and Join the Community, LLC ("Company", "we" or "us") and apply to the purchase and sale of any materials or services offered on or through https://www.jointhecommunity.com/ (the "Website").

Please read these Terms of Sale carefully. By placing an order for any materials, licenses or services on or through the Website or by clicking to accept or agree to these Terms of Sale when the option is made available to you, you accept and agree to be bound and abide by these Terms of Sale and our Privacy Policy, found at https://www.jointhecommunity.com/privacypolicy  incorporated herein by reference. If you do not want to agree to these Terms of Sale or the Privacy Policy, you must not make any purchases through the Website. By purchasing materials or services available through the Website, you represent and warrant that you are of legal age to form a binding contract with the Company.

Materials and Services

The Company may offer a variety of lesson plans ("Lesson Plans"), workshops ("Workshops"), membership-based coaching services ("Coaching") and/or other materials (collectively, "Tools") on the Website.  

Acceptance of Purchases and Cancellation

When you place an order on our Website, you agree to purchase all Tools listed in your order. All orders must be accepted by us or we will not be obligated to sell the Tools to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and further details on your purchase. If you have purchased a license to use any Lesson Plans or other electronic materials, we will also provide you with a means to download such materials.

Prices and Payment

All prices posted on the Website are subject to change without notice. The price charged for each Tool will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or other applicable charges. All such taxes and other applicable charges will be added to your total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

Coaching is offered on an annual membership basis only, with payment due at the time of purchase and all subsequent payments due every year thereafter. Memberships automatically renew each year until cancelled in accordance with these Terms of Sale. By purchasing a membership for Coaching, you authorize the Company to charge the applicable membership fee to your credit card on file each year during the term of your membership.  

Except as otherwise stated on the Website, all other Tools are licensed or purchased from the Company for a one-time fee.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Paypal, VISA or MASTERCARD for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

Delivery

If you purchase any Lesson Plans or other electronic Tools available on the Website, we will provide you with means of downloading such Tools upon receipt of your payment. Note that Lesson Plans are available in electronic-version for download only and are not available in hardcopy.

If you purchase a membership for Coaching services, such services will be available to you within two (2) business days after receipt of your payment.  The Company will contact you with further information and details regarding Coaching services.

For Lesson Plans and other electronic materials, risk of loss passes to you upon the Company's delivery of a means for you to download such Tools. You are responsible for backing up your computer or other personal device where such Tools are stored.

Cancellations and Refunds

You may cancel your Coaching membership upon [thirty (30)] days prior written notice to the Company. To cancel your membership, email us at rob@jointhecommunity.com. You cannot cancel your purchase of any Lesson Plan(s) or other electronic materials after payment is received by the Company.

Disclaimer of Warranties

YOUR USE OF THE TOOLS IS AT YOUR SOLE RISK. THE TOOLS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

THE COMPANY MAKES NO WARRANTY THAT (I) THE TOOLS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) MEMBERSHIPS OR WORKSHOPS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE LESSON PLANS WILL BE ERROR-FREE; OR (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TOOLS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE TOOLS; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY MATERIALS, LICENSES AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE OR FROM THE COMPANY; (III) UNAUTHORIZED ACCESS TO YOUR DATA; OR (V) ANY OTHER MATTER RELATING TO THE TOOLS. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THE COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, FIVE HUNDRED DOLLARS ($500).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TOOLS OR WITH THESE TERMS OF SALE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE TOOLS.

Intellectual Property Use and Ownership

Each Lesson Plan marketed on the Website is made available solely for license, not sale, to you under the terms, conditions, and restrictions of the applicable license agreement for such Lesson Plan.  You will comply with all terms and conditions of the specific license agreement for any Lesson Plan you obtain through the Website, including, but not limited to, restrictions on resale, use, copying, making, modifying, improving, sublicensing and transfer of the licensed Lesson Plan. You will not cause, induce or permit others' noncompliance with the terms and conditions of any license agreement.

Except as provided otherwise, the Company is and will remain the sole and exclusive owner of all intellectual property rights in and to each Tool made available on the Website and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted for each Lesson Plan by license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Tools made available through the Website, or of any intellectual property rights relating to those Tools.

Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy, found at https://www.jointhecommunity.com/privacypolicy  governs the processing of all personal data collected from you in connection with any transaction you carry out through the Website.

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic or pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting materials or telecommunication breakdown or power outage.

Governing Law and Jurisdiction

All matters arising out of or relating to these Terms of Sale are governed by and construed in accordance with the internal laws of the State of New Hampshire without giving effect to any choice or conflict of law provision or rule.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of these Terms of Sale shall be null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.

No Waivers

The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

Severability

If any provision of these Terms of Sale is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these terms.

Entire Agreement

These Terms of Sale, any license agreement you enter into with the Company, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and the Company on the matters contained in these Terms of Sale.