Last Updated on August 1, 2023
NOTICE: These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use or access of any of our products,
By accessing the Overcoming Overspending Membership (“Program”) from The Purposeful Penny LLC (“Company,” “we,” “us”, or “our”), you and the Company agree to the following Terms of Service (“Terms of Service”), without modification, and you acknowledge reading them:
ACCESS TO PROGRAM
The Program includes, but is not limited, to course content, written content, recorded video and audio content, live and pre-recorded calls, and discussions in Program related forums (collectively, “Materials”).
The Program and Materials may only be accessed by you - the customer on record with the Company. You agree that the Program and Materials, including any usernames or passwords, may only be used by you as permitted herein and may not be sold or distributed without the Company’s express written consent.
Your access to the Program may be revoked for failure to abide by these Terms of Service or for failure to make timely and full payments to the Company for your purchase of the Program.
In order to use the Program, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you provide will always be accurate, correct and up to date.
USERNAME & PASSOWORD
OUR INTELLECTUAL PROPERTY
You agree that the Program and Materials contain proprietary information that is owned by the Company and is protected by copyright, trademark and other applicable intellectual property laws. You will not use the Program or Materials in a manner that constitutes an infringement of the Company’s rights or that has not been authorized by the Company. The use of the Company’s Program or Materials, except as permitted herein, is strictly prohibited and infringes on the intellectual property rights of the Company and may subject you to civil and criminal penalties, including possible monetary damages, for infringement on the Company’s intellectual property rights.
Company grants you a limited, personal, non-exclusive, non-transferable license to access the Program and Materials for your own personal and non-commercial use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, sell, distribute, duplicate, lease, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Program or Materials in any manner or medium (including by email or other electronic means). You shall not remove any copyright notice or author designation from any part of the Program and Materials.
MEMBERSHIP FEES & PAYMENTS
Month-to-Month Commitment, Cancel at any Time: Upon registering for this program, your first payment of $79 will be due, followed by monthly payments of USD $79. The recurring monthly payment of $79 will be charged to your card on the same calendar day each month (if, for example, you join on June 1, your card will be charged again on July 1, August 1, and so on), unless terminated by either you or us. You can cancel at any time before the next month’s payment is charged, as outlined below in the Termination or Cancellation paragraph. In the event you do cancel, default or late payments will be due immediately.
1 month trial into Annual Commitment, Cancel at any Time: Upon registering for this Program, you agree to register for a one (1) month trial for $79. The day after the conclusion of your one-month trial, your annual membership payment of $790 will automatically be charged to your card on file. Your annual membership will automatically renew, and recurring annual payments will be automatically charged to your card on the same calendar day, each year after your first annual membership payment (if, for example, you join on June 1, 2023 your card will be charged again on June 1, 2024 and so on) unless terminated by either you or us. You can cancel at any time before the next annual payment is charged, as outlined below in the Termination or Cancellation paragraph. In the event you do cancel, default or late payments will be due immediately.
Notwithstanding anything herein to the contrary, membership fees and charges are subject to change by the Company at any time upon fifteen (15) days prior notice to you.
If the program is not to your satisfaction, you may request a full refund of your first payment of $79 within 30 days of your enrollment date (for example if you joined on June 1, 2023 you could request a refund of your first $79 payment until July 1, 2023).
After your first 30 days in the program from your enrollment date, we do not give partial month refunds or partial refunds on annual payments.
To request a refund, please contact email@example.com.
You agree to make every attempt to file for a refund prior to attempting a chargeback with Your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all of Our materials afforded to You in exchange for Your original purchase of Our Program. We reserve the right to present proof of Your access and these Terms and Conditions of Use to the financial institution investigating the dispute.
TERMINATION OR CANCELLATION
The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Materials, in full or in part, at any time without notice. The Company may terminate your participation in the Program at any time, without refund. In the event of cancellation or termination by the Company, you are no longer authorized to access the part of the Program or Materials affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Program and its Materials will still apply now and in the future, even after termination by you or the Company.
If you would like to cancel your recurring monthly or annual membership in the Program, you must provide the Company with at least 24 hours’ advance written notice by emailing firstname.lastname@example.org before your monthly recurring charge or annual renewal date. Cancellations will be effective on the end date of the current billing term. You will continue to have access to the Materials of the Program until the end of the then-current billing term. You will not be able to log in to the Overcoming Overspending Membership once the billing term has expired. You will not be issued a prorated refund for any remaining days or months in the event you cancel in the middle of a payment cycle.
In the event you decide to cancel, any remaining, default, or late payments will be due immediately.
Email support for the Program will be available at email@example.com
You agree that the Company has the right to use your feedback whether in the form of emails, surveys, comments, discussions in Program related forums, coaching calls, or otherwise, for the purposes of marketing or promoting the Program.
You agree that the Company may use any images, audio recordings or video recordings of you obtained while enrolled in the Program. You waive any right to payment, royalties or any other consideration for the use of such images, audio recordings or video recordings. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which you, your heirs, representatives, your estates have or may have by reason of this authorization.
You understand that given the group format of this Program, information provided or shared with the Company or other participants, whether in the form of comments, discussions in Program related forums, coaching calls, webcasts, or otherwise are not confidential.
To access or use the Program, you must be at least eighteen (18) years old and have the requisite power and authority to enter into these Terms of Service. You may use the Program for lawful and legitimate purposes only. You agree to be financially responsible for all purchases made by you. You shall not post or transmit through the Program any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
REFUSAL OF SERVICE
We reserve the right to refuse access to the Program to any person or entity, without the obligation to assign reason for doing so. We may at any time change or discontinue any aspect or feature of the Program, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We reserve the right to immediately remove you from the Program without refund if you violate these Terms of Service.
ERRORS, INACCURACIES, AND OMISSIONS
Information provided about or in the Program or Materials is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Program or Materials.
RELATIONSHIP OF THE PARTIES
You agree that Company is acting as an independent contractor and that no partnership or joint venture is created between us.
The Company gives no warranties with respect to any aspect of the Program or any materials related thereto or offered in connection with the Program and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. By purchasing the Program, 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 future earnings, business profit, health, or financial results of any kind. The Company does not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Program is a promise or guarantee to you of such results.
The contents of the Program and Materials are for informational purposes only and do not constitute medical advice; they are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have learned in the Program and Materials.
THIRD PARTY RESOURCES
The Program or Materials may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS) ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE TRANSACTIONS IT CONTEMPLATES (WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHER FORM OF ACTION) AND IRRESPECTIVE OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE. IN NO EVENT WILL THE COMPANY’S LIABILITY EXCEED THE PRICE THE CUSTOMER ACTUALLY PAID TO THE COMPANY FOR THE PROGRAM.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Program. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
GOVERNING LAW; VENUE
The Terms of Service shall be governed by the laws of the State of Texas, and any disputes arising from it must be handled exclusively in the County of Dallas, Texas
RECOVERY OF LITIGATION EXPENSES
If any legal action or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the 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.
ENTIRE AGREEMENT; WAIVER
The Terms of Service constitutes the entire agreement between you and the Company pertaining to the Program and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of the Terms of Service by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.
We reserve the right to update our Terms of Service at any time. Such amendments are effective immediately by us posting the new Terms of Service on this Program website at www.overcomingoverspending.com/terms-of-use Any use of the Program by you after an amendment is made means you accept these amendments.
EFFECT OF HEADINGS
The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Nothing in these Terms of Service, express or implied, will confer upon any person or entity not a party to these Terms of Service, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of these Terms of Service, except as expressly provided herein.
HOW TO CONTACT US
If you have any questions, please contact us by emailing firstname.lastname@example.org