Realty Profit Lab Terms and Conditions for the Online Sale of Goods and Services
Last Updated: March 11, 2020
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT UNLESS YOU HAVE FOLLOWED THE INSTRUCTIONS FOR PLACING ORDERS FOR COMPETITIVE USE AS SPECIFIED IN THE COMPETITIVE USE OF GOODS SECTION BELOW, YOU ARE NOT PLACING AN ORDER FOR COMPETITIVE USE, AND THAT YOU ARE PLACING AN ORDER AS A CONSUMER FOR YOUR OWN NONCOMPETITIVE NON-REPLICATIVE USE AND CONSUMPTION.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH REALTY PROFIT LAB, LLC DBA REAL ESTATE PROFIT LAB, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These Terms and Conditions for the Online Sale of Goods and Services (these “Terms” or “Terms of Sale”) apply to the purchase and sale of products and services through daniellepierce.com; including any purchases made on or through our affiliate sites, including, but not limited to, teachable.com, thinkific.com, webinarjam.com, kajabi.com, and any other sites that have been named in this document (the “Site”). These Terms are subject to change by Realty Profit Lab, LLC DBA Real Estate Profit Lab (referred to as “Realty Profit Lab,” “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 9).
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. Orders will be accepted once they have been shipped by us.
3. Prices and Payment Terms. (a) Prices posted on this Site may be different than prices offered by us at in-person events such as pop-ups or brick-and-mortar retail locations, or on other online platforms. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service 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 charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(c) 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. You represent and warrant that (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your credit card company or other chosen payment service provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
4. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of products to you. You will pay all shipping and handling charges specified during the ordering process for any physical products. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Electronic products will be provided to you at the email address you provide at checkout.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery for physical products, or email address for electronic products. Shipping and delivery dates for physical products are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
(c) The purchaser is responsible for providing the correct physical electronic mailing address. Please be certain your address is correct before finalizing your order. We cannot be responsible for goods delivered to the wrong address. Orders for physical products are processed and shipped Monday – Friday, excluding holidays.
(d) International Shipping. Realty Profit Lab is not responsible for any customs, duties and/or taxes applied to your order. All fees imposed during or after shipping are the responsibility of the customer (tariffs, taxes, etc.), when applicable.
5. Returns and Refunds. WE OFFER NO REFUNDS ON ANY PRODUCTS ON THIS SITE.
6. Manufacturer’s Warranty, Disclaimers, and Damages. If your product is damaged upon receiving in the mail, please contact us at [email protected].
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU. 7. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall only apply to the extent permitted by law.
8. Competitive Use of Goods. Unless specifically authorized in writing by Realty Profit Lab allowing you to place competitive orders online, when placing an order through our online site you represent and warrant that you are buying products or services from the Site for your own internal use only, and not for resale, replication, competition, or export. You further represent and warrant that you will not directly, or indirectly through others, reverse engineer, disassemble, or decompile any formulas, prototypes, classes, or products of Realty Profit Lab, unless you receive the explicit approval to do so in writing from an authorized Realty Profit Lab representative. Inquiries for orders for competitive use should be placed by emailing [email protected]. NOTWITHSTANDING ANY PROVISION IN THESE TERMS TO THE CONTRARY, REALTY PROFIT LAB MAY ELECT TO SEEK OUT DAMAGES FOR BREACH OF THIS COMPETITIVE USE OF GOODS SECTION, IN ADDITION TO OTHER REMEDIES ITS ENTITLED TO IN LAW OR EQUITY, AND TO THE FULLEST EXTENT ALLOWED BY LAW, THAT AMOUNT TO $200,000 PER BREACH, PER PRODUCT, PER YEAR.
9. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, www.daniellepierce.com/privacy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
10. 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 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, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
11. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.
12. Dispute Resolution and Binding Arbitration.
(a) At Realty Profit Lab’s sole discretion, it may require You to submit any disputes arising from or concerning these Terms to final and binding arbitration as follows:
(i) For any dispute, claim or controversy under $25,000 in value arising out of or relating to this agreement, or the breach thereof, Realty Profit Lab may demand that any such dispute be resolved by arbitration administered by FairClaims (www.fairclaims.com) in accordance with its Arbitration Rules & Procedures effective at the time a claim is made, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
(ii) For any dispute, claim or controversy at least $25,000 in value arising out of or relating to this agreement, or the breach thereof, Realty Profit Lab may demand that any such dispute be resolved by arbitration before one (1) arbitrator, administered by either JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules, or by the American Arbitration Association in accordance with its Commercial Arbitration Rules, whichever is chosen by Realty Profit Lab.
(iii) You hereby expressly consent to any such disputes being so resolved by these arbitration terms, and that all proceedings be exclusively conducted electronically via secure video chat, when available. If electronic attendance is not available, all arbitration hearings shall be conducted in any suitable facility located in the Tarrant County, Texas area. You and Realty Profit Lab agree consent to electronic service of process, with service to be made to Realty Profit Lab at the following address: [email protected] Realty Profit Lab, LLC 5601 Bridge Street Suite 340A Fort Worth, TX 76112 United States
(iv) You and Realty Profit Lab agree that, in the event of confirmation and enforcement, the delinquent party will be responsible for any attorney, court or other fees associated with such action.
(v) Judgment on the award rendered in any arbitration hearing shall be binding and entered in any court having jurisdiction. The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. The arbitrator shall have the power to determine the existence or validity of a contract of which an arbitration clause forms a part. Such an arbitration clause shall be treated as an agreement independent of the other terms of the contract.
(vi) In the event that Realty Profit Lab demands arbitration for any dispute, both parties shall be obligated to the arbitration procedures contained herein and understand that decisions rendered by the arbitrator(s) are non-appealable. In the event that Realty Profit Lab does not demand arbitration, you agree that the courts located in Tarrant County, Texas will be the sole agreed venue for litigation necessary to enforce the agreements set forth herein.
(vii) Nothing in this Agreement shall prevent Realty Profit Lab from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect its interest and prevent immediate loss. Realty Profit Lab shall also be entitled to file in any court having jurisdiction any suit necessary to enforce a decision or award resulting from any arbitration or other proceeding.
(b) You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
(c) The terms contained in this Section shall survive any termination of this Terms of Use, or other associated agreements. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
13. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
14. No Waivers. The failure by us to enforce any right or provision of these Terms 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 Realty Profit Lab.
15. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. 16. Notices.
(a) To You. At our sole discretion, we may provide any notice to you under these Terms by either: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current and check the Site regularly for any updates.
(b) To Us. To give us notice under these Terms, you must contact us as follows: by overnight courier, or registered or certified mail to Realty Profit Lab, LLC Realty Profit Lab, LLC 5601 Bridge Street Suite 340A Fort Worth, TX 76112 [email protected] United States
We may update the address for notices to us by posting a notice on the Site. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
17. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
18. Entire Agreement. These Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.