Client Service Agreement
This Service Agreement (“Agreement”) is entered into between (“Client”) and Bloom Hustle Grow, LCC/The Generator Way (“Company”). It is agreed as follows:
- Scope of Services. Client hereby retains Company to provide services, to include the following: Human Deisgn Analysis Report as outlined on the sales page and level purchased
Additional services beyond those listed above may be agreed-upon by the parties for additional fees in a separate written agreement.
2. Time For Performance. Company will perform the services according to the following schedule: all reports will be delivered within 10 business days following the submission of the form provided at checkout.
Birth date, location, and time must be provided for your report to be processed. You will be redirected to the form to do so after purchase. You have 24 hours after form submission to make any corrections to your information. Otherwise all reports will be delivered based on the provided information, you are responsible for providing the correct birth date, time and location for an accurate chart.
Unlocking Your Human Design report will be delivered within 10 business days to the email address provided. These are customized reports so it’s not delivered automatically.
Purchases are non-refundable.
3. Payment. Client will pay Company as follows: $97 for a level 1 report, $127 for level 2 report or $ for a bundle of both. Purchases are non-refundable.
4. Independent Contractor Status. The parties intend Company to be an independent contractor in the performance of the services, and in no way shall be referred to or treated as an employee of Client.
5. Ownership Of Work Product. Provided Client has complied with the terms of this Agreement, and upon final payment to Company for services, all material created during provision of the services (the “Work Product”) will be considered “works made for hire” and Client will exclusively own all rights, title and interest in the Work Product. To the extent Company has incorporated any of its preexisting work into the Work Product, Company grants to Client an irrevocable, nonexclusive, perpetual, paid-up, worldwide license to use Company’s preexisting work incorporated into the Work Product.
6. Client is required to make a download the report and video to their own device within 30-days of delivery date. Company will not retain reports or video after the 30-days.
- No Guarantees. Company cannot guarantee the results of the services and Company’s comments about the outcome are expressions of opinion only.
8. Confidentiality. Company acknowledges that it will be receiving information that is proprietary and confidential to Client. Company will not intentionally disclose, and will use its best efforts to prohibit the unintentional disclosure of any confidential or proprietary information concerning Client. All information furnished to Company by Client will be considered confidential or proprietary information, unless otherwise indicated by Client.
9. Termination. This agreement may be terminated by either party by providing 10 days’ written notice of that party’s intent to terminate to the other party. All packages are non-refundable. Partial refunds may be considered in special circumstances.
10. Miscellaneous. This is the entire Agreement between the parties and supersedes all prior agreements and negotiations between the parties. The laws of The United States Of American shall govern the validity of this Agreement, the construction of its terms, and the interpretation of the rights and duties of the parties to this Agreement.
I have read this Agreement and I understand and agree to its terms and conditions.
1. Introduction
1.1 These terms and conditions shall govern your use of our website, https://thegeneratorway.com
and any associated products or services.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website or products.
1.3 If you register with our website/purchase any product/service, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions and our privacy policy.
1.4 You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.
See further information in our privacy policy in regard to your rights as a EU citizen in compliance with GDPR.
2. Credit
2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).
3. Copyright notice
3.1 Copyright (c) 2021 Bloom Hustle Grow, LLC/The Generator Way.
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website and course platforms; and
(b) all the copyright and other intellectual property rights in our website and the material on our website and course platform are reserved.
4. License to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use website by means of a web browser, or download pages as offered.
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website or products (including republication on another website);
(b) sell, rent or sub-license material from our website or products;
(c) exploit material from our website for a commercial purpose;
4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5. Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
6. Termination
We may cancel your access to our Site at any time in our sole discretion without notice or explanation.
7. Your content: license
7.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
7.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
7.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
7.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
7.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
7.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
7.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
8. Your content: rules
8.1 You warrant and represent that your content will comply with these terms and conditions.
8.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
8.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libelous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence[ in an explicit, graphic or gratuitous manner
(m) be pornographic, lewd, suggestive or sexually explicit
(n) be untrue, false, inaccurate or misleading
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage
(p) constitute spam
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
9. Limited warranties
9.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
9.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
9.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
10. Limitations and exclusions of liability
10.1 Nothing in a contract under these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
10.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in a contract under these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.
10.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
10.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
10.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
10.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
10.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
11. Breaches of these terms and conditions
11.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
11.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
12. Assignment
12.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
12.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
13. Severability
13.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
13.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14. Links to Other Sites
14.1 Our Site may contain links to third-party web sites or services that are not owned or controlled by Bloom Hustle Grow. Bloom Hustle Grow has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Bloom Hustle Grow shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services
15. Governing Law
15.1 This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of California, United States, without giving effect to any principles of conflicts of law.
15.2 The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by company infringe your copyright, you, or your agent may send to company a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon company actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to company a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Company’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: hello@bloomhustlegrow.com
16. Entire agreement
16.1 These terms and conditions, together with Privacy Policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
17. Changes
17.1 We may revise these terms and conditions from time to time.
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. All updates will be updated on Site Terms and Conditions page, please review this Agreement periodically for any changes. Continued use of the Site is acceptance of any changes in Terms and Conditions. If you do not agree to any Terms and Conditions included, please discontinue use.
18. Contact
If you have any questions about these Terms, please contact us hello@thegeneratorway.com.