KINETIC CUSTOMER FORMULA™ (KCF) Programs
Terms and Conditions of Purchase
Terms and Conditions of Purchase
Last Revised: April 3, 2023
This Agreement sets forth the terms of purchase of Services (“Product/Program/Membership/Book/Workshop/Event”) from CXFormula, LLC. These Services may include but are not limited to:
- KINETIC CUSTOMER FORMULA™ LIVE, VIRTUAL TRAINING
- KINETIC CUSTOMER FORMULA™ LIVE, INTENSIVE / WORKSHOP
By placing your Order with CXFormula, LLC, by clicking “Accept/Purchase/Pay Now/Complete Your Registration/etc.,” or by using the Services, you agree to be bound by this Agreement. If you do not agree with these terms, you should leave the CXFormula website and discontinue use of the Services immediately.
In these terms and conditions, “We/us/our/[d/b/a]” means CXFormula, LLC. “You/your” means you as a user of the Website and/or Customer of the Program/Services.
The KINETIC CUSTOMER FORMULA™ LIVE, VIRTUAL TRAINING and/or the KINETIC CUSTOMER FORMULA™ LIVE, INTENSIVE / WORKSHOP (the “PROGRAM”).
The Services may include access to an online training program, virtual coaching calls, and access to a private Facebook group, and/ or in-person LIVE meetings (travel, accommodations and meals are NOT INCLUDED). Since your purchase includes an online Program or Membership site access, you will use a unique username and password that should only be used by you (any teams members MUST register for their own account) to access the Content. Sharing log-in information, call-in numbers, passwords, and protected links with non-members is prohibited and will result in removal from the program. By purchasing this PROGRAM, you understand that you are making a commitment whether paying in full or paying monthly installments. If do not attend all in-person or virtual events and/or utilize all courses included in this PROGRAM, you are doing so at your own choice and understand no full or partial refunds will be given. (See refund policy below).
Payment is required before beginning the program, as indicated on your Order form, and may be a one-time fee, or a monthly or other recurring fee, as applicable. Please check the details of your Order form or Order page for the information specific to your program. You agree to pay the amount agreed (including any additional fees on the Order form or Order page) and not to cancel this transaction with your bank or credit card company. CXFormula, LLC is not responsible for any overdraft charges, over limit charges, or NSF fees charged by your bank or credit card company. Fees for Services may be pre-paid or by installment, as indicated on your Order form. Failure to make an installment payment will result in suspension or termination of the Services. CXFormula, LLC does not guarantee any specific results from use of the Services or from the PROGRAM. CXFormula, LLC does not make any representations or warranties as to specific outcomes or results from the Services or the PROGRAM.
When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we’ve taken every effort to ensure that we accurately represent our programs and their ability to grow your business and improve your life. However, CXFormula, LLC does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our website(s) or program materials is a promise or guarantee to you of future earnings.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE ANY OF THE SERVICES IS AT YOUR SOLE RISK. By purchasing the Services, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network and financial situation, etc. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
MEMBER AREA AND ONLINE COMMUNITY RULES
For each program the online community is about sharing and growing with other program members. There is absolutely no solicitation (selling or offering) of any kind to other members. You shall not sell any other programs or products or services to any other member (including your own). You shall not ask any other member to join other social networks, groups, or programs. If you are found in breach of these terms you will be removed from the program without refund.
This Agreement provides us, CXFormula, LLC, the right to use, reproduce, publicly display, edit, and distribute all content that you create, share or post in audio, video, text, images and other media or software that you provide in our private Facebook groups.
You shall adhere to all community rules which will be posted inside the online community portal(s).
Bonuses defined at the time of purchase are delivered at the discretion of CXFormula, LLC. Bonuses may include access to an online Program, virtual calls and/or LIVE WORKSHOP or EVENTS (travel, accommodations and meals are NOT INCLUDED). If you do not utilize all bonuses, including courses, and/or do not attend all virtual calls and/or LIVE WORKSHOP or EVENTS, you are doing so at your own choice and understand that no compensation will be given. You must be a member of the PROGRAM and have paid in full prior to participation in any LIVE WORKSHOP or EVENT.
Due to the exclusive nature of the PROGRAM and the commitment you have made, your purchase is NON REFUNDABLE and NON TRANSFERABLE and all sales are final. If a refund is requested, we reserve the right, at our sole discretion, to grant or deny any refund request. You understand that your inability to attend our in-person or virtual events does not qualify for a full or partial refund. Please ensure that it suits your purpose before purchasing as this PROGAM is only for those who are SERIOUS about taking their business to the next level.
This Agreement will be effective consistent with the term indicated on your Order form or Order page. Failure to pay for the Product or Program or Services consistent with the program requirements will result in termination of the Program prior to the end of the applicable term, and your access to Program materials or ongoing Services will be discontinued. Additional fees may be accrued in the event you continue to access the Program website or continue to use the Services after any failure to pay for said services.
Use of the Product or Program or Services covered by this Agreement and any content provided therein is at your own risk. CXFormula, LLC and its employees and agents are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the use of the Product or Program or Services or any content provided as part of the Product or Program or Services.
ADDITIONAL LIVE MEETING/EVENT DISCLAIMER
You, the purchaser voluntarily assumes all risks incidental to the live workshop/event (the “EVENT”), including bodily injury and death, whether occurring prior to, during or following the Event. The holder releases CXFormula, LLC., management, venues, promoters, participants, organizers, sponsors, and their respective subsidiaries and affiliates and each of their respective officers, directors, agents, partners, employees, sponsors, service providers and representatives from any claims related to, arising out of or incidental to the EVENT or the purchaser’s presence thereat.
Your purchase is a revocable license to enter the venue at the date and time listed on the front hereof. We, management of the EVENT, reserve the right, without the obligation to provide a full or partial refund, to refuse entry to or eject any person for any reason deemed necessary in the sole discretion for the safe and orderly operation of the event (including disorderly, vulgar, disrespectful, disruptive or abusive conduct) or for the enforcement of policies applicable to the event (including these terms or other posted policies).
WE STRONGLY RECOMMEND TRAVEL INSURANCE. While we have no expectation to cancel this event, we strongly advise that you purchase travel insurance. CXFormula, LLC, its officers, assigns, affiliates or any related parties are not responsible for any losses or expenses due to delay or changes in schedule, overbooking of accommodations, default of any third parties, sickness, weather, strikes, acts of God, acts of terrorism, force majeure, war, quarantine, criminal activity, or for any other cause beyond its control. We reserve the right to change or cancel the event without prior notice. If the EVENT is cancelled for any reason, we shall have no liability beyond the refund of all event participants’ ticket price/registration fees received by it.
Nothing contained in this Agreement shall be interpreted or construed to create a joint venture, partnership, employment or agency relationship of any kind.
CXFormula, LLC. may modify this Agreement from time to time and without notice. You agree to be bound by the terms of this Agreement and any future modifications when such modifications are posted to the CXFormula, LLC. website. You should review this Agreement regularly during the use of the Product or Program or Services to keep apprised of any changes.
No assignment of this Agreement is permitted, without prior written permission from CXFormula, LLC. Any attempt to do so shall constitute a default or violation of this Agreement which shall be immediately void. CXFormula, LLC’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by CXFormula, LLC.
THIRD PARTY BENEFICIARIES
This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.
This Agreement and any action related thereto shall be governed by the laws of the State of New Jersey without regard to its choice of law principles. The parties consent to exclusive jurisdiction and venue in federal and state courts sitting in Bergen County, New Jersey.
In the event that a dispute arises pursuant to this Agreement, either Party may submit a written demand to the other that the dispute be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New Jersey. The foregoing shall not prevent CXFormula, LLC. from seeking injunctive relief in a court of competent jurisdiction.
If a party is prevented from fulfilling its obligations under this Agreement for one of the following reasons beyond the party’s reasonable control, including due to a national environmental or military emergency, such as fire, flood, explosion, war, strike, embargo, government regulation, or civil or military authority, or acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”), the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from payment of any sums of money owed by you to CXFormula, LLC.; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.
This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to CXFormula, LLC. including any set forth in this Agreement, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.
This Agreement shall be binding upon, and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.
Under no circumstances whatsoever shall either party be liable to the other for any incidental, consequential, indirect, special, exemplary, punitive or other damages under this Agreement. This provision applies even if such party has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in this Agreement, CXFormula, LLC’s liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to CXFormula, LLC. for the services during the term of the Program or membership.
All materials provided to you as part of your Product or Program or Services which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published or displayed in any form without the prior express written permission of CXFormula, LLC. You may not re-use, perform, modify, transmit, re-post or use in any way the content or any derivative works thereof, without the prior express written permission of CXFormula, LLC. All trademarks, logos, and service marks displayed on any materials provided as part of your Product or Program or Services under this Agreement are protected by US and International copyright and Intellectual Property laws. Access to any materials or content online or otherwise as part of the Product or Program or Services subject to this Agreement should not be construed as granting any license or right to use said content, including trademarks, logos and service marks of CXFormula, LLC or any third-party.
The waiver by either party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
You agree to indemnify, defend and hold harmless CXFormula, LLC., its subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, employees, representatives or assigns from any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by You in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including breach of your representations and warranties set forth above, or if any content that you post or publish while using the Services causes CXFormula, LLC. to be liable to a third party.
This Agreement cannot be voided by not logging in to the Member or PROGRAM website, where applicable, by not accessing or using the Services as delivered, or in any other way attempting to avoid viewing or taking delivery of the Product or Program or Services as outlined. These actions will not void your Agreement or permit you the right to a refund.
This Agreement represents the entire understanding and agreement of the parties relating to the Product or PROGRAM or Services purchased, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding the Product or Program or Services, are of no further force and effect. In order to participate in certain portions of the Product or Program or Services, you may be notified that you may be required to agree to additional terms and conditions as the program is revised over time. You may receive a copy of this Agreement at any time by emailing CXFormula, LLC. at Support@CXFormula.com and requesting a copy of your “PROGRAM Terms of Purchase.”
If you have any questions regarding this Agreement or any aspect of our services, please contact CXFormula, LLC. at Support@CXFormula.com or by mail to:
Attn: Customer Service
60 Whitney Road, Suite 13
Mahwah, NJ 07430