Terms Of Purchase For Data Creatives & Co Course
UPDATED: SEPTEMBER 10, 2021
Terms of Purchase:
For good and valuable consideration of one-thousand three hundred and ninety seven U.S. Dollars ($1,397 or 12 payments of $139) - during special sale periods only - Client is electing to purchase the digital program entitled "Data Creatives & Co." (hereinafter "DCC" or "Program"). For good and valuable consideration of one-thousand seven hundred and forty nine U.S. Dollars ($1,749 or 12 payments of $175) - during regular non-sale periods - Client is electing to purchase the digital program entitled "Data Creatives & Co." (hereinafter "DCC" or "Program"). In exchange, Data-Mania, LLC agrees to provide the services outlined in the Program Details below, and Program Outline Addendum attached hereto.
DCC Course Program Outline:
Client agrees and understands that he/she is purchasing the Data Creatives & Co. by Data-Mania, LLC, a 12 month digital program (currently featuring 8 "core" modules) designed to walk you step by step through a successful construction of a data business. Created by data expert Lillian Pierson. Whether you're a pro or just starting out, DCC will cover the primary strategies Data-Mania, LLC has used in order to scale to multiple six-figures with their products and services.
Client acknowledges that he/she has read the Program Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in DCC as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found on Data-Mania's website.
If at any time Client is found to be disruptive, making disparaging or defamatory comments about DCC Program, Data-Mania, or Lillian, or otherwise negatively impacting Program for others and hindering or distracting other Clients from their own success, Data-Mania reserves the right to remove Client from Program, without refund. Client understands this, and knows this is a risk if he/she elects to act in such an inappropriate manner. Client agrees this is a suitable remedy and action should he/she act in any of the ways outlined above.
Client understands that one of the primary elements in purchasing DCC and learning from Data-Mania, LLC is the benefit of obtaining expert guidance, teachings, materials, and exercises Data-Mania has used to grow its own data business. Following Client's participation in this Program, Client will have gained access to various trade secrets and personal intellectual property of Data-Mania, LLC, including but not limited to materials such as verbal advice, product / service guidance, written templates, modules, technical information, business advice, and/or other information that may have become available for use through Client's participation in DCC. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in DCC, without permission from Data-Mania, LLC or Lillian Pierson personally.
Client understands and agrees that any and all commentary provided by Client thru social media profiles including those belonging to Data-Mania, LLC, Lillian Pierson may be published and used as testimonials by Data-Mania, LLC. Client gives Data-Mania, LLC a non-exclusive license to use any such copy written by Client on Data-Mania's social media profile, in email, or otherwise, and repost on Data-Mania, LLC social media channels, in advertisements for DCC, or other similar channels for the specific purpose of promoting and showcasing DCC client results.
If Client chooses to write about positive experiences in DCC, Client understands the material, along with Client's name and other identifying information, will likely be published on Data-Mania, LLC's website, social media, or otherwise. No payment or additional services will be provided in return for any such testimonial, and Client understands he or she is granting Data-Mania, LLC an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any such written testimonial.
Payment and Payment Plan
Client understands the cost of the Program is payable in full, or via a payment plan option, which Client will select at the time of purchase:
- Regular Price $1,749 (or 12 payments of $175)
- Special Sale-Period Price: $1,397 (or 12 payments of $139)
Special Sale Rates:
- A one-time payment of one thousand three hundred and ninety seven U.S. dollars ($1,397) payable up front, in full; or
- Twelve (12) payments of one hundred and thirty nine U.S. dollars ($139) payable over three (12) months, totalling $1,688 if this payment plan option is selected;
Client agrees to render payment via credit card on Data-Mania, LLC's sales and checkout page for DCC. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via Data-Mania, LLC's website or a designated third-party payment processor of Data-Mania, LLC's choosing, in full.
If Client elects to purchase DCC via the offered payment plan, Client agrees to abide by the rules and payments as explained on Data-Mania, LLC's sales page and within this Agreement. Client understands and agrees that following the first payment, subsequent payments will be automatically deducted each month, utilizing the same mode of payment that was used to make the initial payment, until the payment plan has been completed. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) the reminder of the Program may be forfeited if payment is not made within six days of the date it is due, and (2) Client will owe a $200 late fee if he/she has not made the appropriate payment after the six day grace period. Client's decision to cease use of DCC for any reason does not eliminate Client's responsibility to complete the payment plan as agreed upon. Payment in full is required regardless of use, happiness with product, or results.
Data-Mania, LLC reserves the right to cancel Client's access to DCC should he/she fail to make additional payments in accordance with the payment plan as agreed upon. Should this occur, Client understands she is not entitled to a refund of funds already issues to Data-Mania, LLC in exchange for work completed thus far, and it is up to the sole discretion of Data-Mania, LLC whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.
Data-Mania fully believes in its product. It knows the methods work, but only if the Client is dedicated to the process. Nevertheless, Data-Mania offers a conditional 14-day refund under the following circumstances:
In the event Client desires a refund, Client must contact the support team at communication@Data-Mania.com within the first fourteen (14) days from the date DCC was purchased. Within this 14 day window, a representative from Data-Mania will schedule a call with Client to discuss the basis for the request, and provide Client with a refund request form to complete, that will allow client to submit any necessary evidence of coursework completed. Client MUST speak to a Data-Mania customer service rep to be able to receive a refund. Once a call has been offered, Client must accept and complete the call within 14 days of the date it is offered. Any and all requests for refunds will be decided by Data-Mania team and within Data-Mania's sole and exclusive discretion. If a refund is granted, Client can expect reimbursement thirty (30) days after cancellation of Program in the same manner in which payment was made, less a $250 cancellation fee. If a refund is not granted, Client understands he/she remains financially responsible for payment in full of Program, and as long Client has received the full DCC course, Client has no further recourse regarding refunds.
Client understands he/she will forfeit any and all access to Program and benefits if a refund is issued, including but not limited to Facebook group access (if applicable), group calls (if applicable), DCC modules, and all other information included within Program.
Due to the subjective nature of the Program provided by Data-Mania, LLC, and Data-Mania, LLC's inability to control Client's availability, motivation, external forces, financial situation, or level of engagement in Program, Data-Mania, LLC is not able to offer refunds after these 14 days. Please conduct any and all necessary research to determine if DCC is right for you prior to purchasing – after the 14 day period, all purchases are final, and Client is responsible for the full payment of all program fees, whether or not Client completes Program. If Client purchased Program with a payment plan, all payments must be made.
Client understands and agrees that he/she is voluntarily choosing to enroll in DCC and is solely responsible for any outcomes or results. Data-Mania, LLC is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health well-being, and business decisions, including participation in DCC and any results therein, and agrees that any decisions to implement strategies, tactics, and information contained within DCC is solely the responsibility and decision of Client.
CLIENT BEHAVIOR: Should Client make any false or disparaging comments within the DCC Facebook group, to other members of DCC, or otherwise publicly speak negatively about Data-Mania and/or LLC, Lillian Pierson, or any other member of Data-Mania, LLC, or DCC, Client may be removed from the DCC community. Data-Mania, LLC places community and positivity at the forefront of their brand, and in order to preserve community standards and experience for other members, a customer who cannot abide by this may lose his/her access to the community. Client understands that any extensive negativity or similar disruption to the community in this way may result in removal from the Program and all relevant communities, with NO REFUND.
Specific results are not guaranteed. Data-Mania, LLC cannot guarantee results of DCC, and cannot make any representations or guarantees regarding individual results. Client will hold Data-Mania, LLC and DCC harmless if he or she does not experience the desired results, including but not limited to success of an online product or service launch.
Earnings Disclaimer: Data-Mania, LLC also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is Data-Mania, LLC responsible for Client earnings, or any increase or decrease in finances based upon information within DCC. Any information or testimonials regarding past or current clients' working with Data-Mania, LLC contained on Website or in sales material that contain financial information are individual, and results may vary. Data-Mania, LLC is not able to learn and assess all clients' businesses, personal sales models, and strategies outside DCC and as such, have no way of ensuring that DCC will work or be applicable to all individuals or businesses. It is your job as the consumer to assess whether DCC will be right or beneficial for you, and is in no way the responsibility of Data-Mania, LLC, Lillian Pierson, or anyone else associated with Data-Mania, LLC.
Client understands that all services provided by Data-Mania, LLC in connection with the Program being purchased are provided on an "as is" basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Data-Mania, LLC on a purely voluntary basis and does not hold Data-Mania, LLC or Program responsible should Client become dissatisfied with any portion of the Program.
Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as Data-Mania, LLC delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Data-Mania, LLC and Client.
Client agrees to hold Data-Mania, LLC harmless should any physical, emotional, or financial injury occur as a direct or indirect result of use of DCC. The content provided by Data-Mania, LLC on his/her website and within DCC is comprised of information that has worked for Data-Mania, LLC and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Data-Mania, LLC cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Data-Mania, LLC responsible for.
Client agrees and understands that Data-Mania, LLC has created numerous original, creative works in connection with the Program, and agrees that Data-Mania, LLC maintains all copyrights, licenses, and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: videos, modules, documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Data-Mania, LLC. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Data-Mania, LLC. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Data-Mania, LLC to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Data-Mania, LLC or obtained through working with Data-Mania, LLC, without Data-Mania, LLC's express written consent. If such behavior is discovered or suspected, Data-Mania, LLC reserves the right to immediately end Client's participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
Licensee Rights: Data-Mania, LLC's Limited License to Client
- A one-time payment of one thousand seven hundred and forty nine U.S. dollars ($1,749) payable up front, in full; or
- Twelve (12) payments of one hundred and seventy five U.S. dollars ($175) payable over three (12) months, totalling $2,100 if this payment plan option is selected;
Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Data-Mania, LLC as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Data-Mania, LLC. As a "Licensee," Client understands and agrees that Client will not:
Client agrees at all times to defend, fully indemnify and hold Data-Mania, LLC and any affiliates, agents, team members or other party associated with Data-Mania, LLC harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client's use of Program, as well as any third-party claims of any kind (including attorney's fees) arising from his/her actions as a direct or indirect result of Client's participation in Program. Should Data-Mania, LLC be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client's participation or assistance would benefit Data-Mania, LLC's defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Data-Mania, LLC, free of charge.
Disputes & Non-Disparagement
- Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Data-Mania, LLC;
- Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by Data-Mania, LLC, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
- Claim any content created by Data-Mania, LLC as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Data-Mania, LLC was Client's work, and use in his/her business as his/her own.
- Share purchased materials, information, content with others who have not purchased them.
- Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
a. I will try to resolve any disputes with you quickly and efficiently.
b. If you and I cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the relevant courts of State of Delaware, USA will have exclusive jurisdiction in relation to this contract.
c. The laws of State of Delaware, USA will apply to this contract.
d. In the event of a dispute between us, you and I agree not to engage in any conduct or communications, including on social media, designed to disparage my or your website, products and services. Parties agree, both during and after the term of this Agreement, not to disparage, or make any disparaging remarks, or make remarks which could be construed as disparaging, or send any disparaging communications or communications which could be construed as disparaging concerning the other party, its respective reputation, business performance, and officers, directors, agents, and employees, to anyone. The damages arising out of any breach of this non-disparagement provision are and will be extremely difficult to ascertain, and therefore the Client to this Agreement agrees that any breach of this Paragraph seven (7) will result in an award of liquidated damages in the amount of $750 per breach as damages and not as a penalty, in addition to any other remedies available to the non-breaching party (including, without limitation, reasonable attorneys’ fees).
e. Parties will attempt to resolve any dispute out of or relating to this Agreement through friendly negotiations amongst the Parties. If the matter is not resolved by negotiation, Parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof in New Castle County, DE. Both Parties agree that this shall be a final and binding arbitration, under the rules of the American Arbitration Association.
This Agreement shall be governed by and under control of the laws of Delaware regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Delaware are to be applicable here.
This Agreement may be amended and/or updated by Data-Mania from time to time as needed, to reflect the growth and updates to Program and services offered. Should any material changes be made, Data-Mania will notify all current Program users via the email address used to sign up, with continued use of Program to constitute acceptance and agreement to the updated Terms.
PROGRAM OUTLINE ADDENDUM
Client understands, acknowledges, and agrees he/she is purchasing the Data Creatives & Co. (DCC) by Data-Mania, LLC. Once the Program is purchased and all Agreements are agreed to, Client will begin receiving the core content modules. If client purchased by paying in full, all DCC curriculum will be made available to them immediately. If client purchased on a payment plan, then one module will be released every 30 days over the course of the eight (8) months, until Client has received all core and bonus modules. After which, Client is to have continued access until the end of the 12-month program, and may review or complete at his/her own pace. All access to the DCC support group and curriculum is revoked exactly 12-months after the date of purchase, at which time Client can choose to re-enroll for an agreed upon fee.
As outlined on the sales page, DCC includes the following 8 core modules are delivered within the following 4 phases:
PHASE 1: How to Come Up With an Irresistible Offer Clients Are Happy to Pay Top Dollar For
+ How to Do Proper Market Research to Figure Out What Your Ideal Clients REALLY Want (90% of Data Entrepreneurs Don't Do This)
+ How to Use Your Research Results to Create an Offer So Alluring, You Won't Even Need to 'Sell' It (Just Present It and Watch as a Client's Eyes Flash With Excitement)
+ How to Calculate the Perfect Price for Your Service (Done-for-You Calculator Included)
+ Steal My Proven Copy-and-Paste Outreach Scripts to Pitch Your Offer to Potential Clients (Built to Land You a Client in 30 Days or Less)
PHASE 2: How to Build a Stunning Website & Sales Pages for Your Business (Copy-and-Paste Templates)
+ How to Build a Professional Website for Your Business FAST – Without Writing a Single Line of Code or Hiring a Programmer
+ How to Optimize Your New Website for Traffic and Sales Without Hiring Marketing Experts… And Save Yourself THOUSANDS of Dollars
+ How to Create High-Converting Sales Pages in Just a Couple of Hours… By Using My Tried-and-True Templates That Made Me $100K+
+ Replicate the Website I Used to Generate Over $100k in My First Year With a Brand New Business (Fill-in-the-Blanks Copy Templates Included)
PHASE 3: How to Attract High-Paying Clients at Will, Without Pitching & Selling
+ How to Use Blog and Social Media Posts to Attract a Steady Stream of Warm Leads Ready to Do Business With You… Even If You Are a Poor Writer
+ How to Get a Professional Writer to Create Content for You… Turn It Into $20K a Month Worth of Business… And Keep 70% as Profit
+ The Exact Strategy I Used to Make $4k in Revenues, Get 5k Email Subscribers, and Land a $3k/Hour Remote Speaking Gig… Just By Publishing 5 Blog Posts
+ Proven Copy-and-Paste Scripts for Articles, Social Media Posts, Outreach Messages, and Everything Else You'll Ever Need
PHASE 4: How to Close Deals and Make Sales in Your Sleep - Without Ever Hopping on Calls and Wasting Time at Meetings
+ How to Automate Your Client-Getting Process and Attract More Hot Leads Than You'll Know What to Do With… By Giving Away a FREE Product
+ How to Grow Your Email List in Your Sleep – Without Any Maintenance Whatsoever (This Will Be Your #1 Asset)
+ How to Sell Your Services Via Email – So You NEVER Have to Hop on Sales Calls or Go to Face-to-Face Meetings
+ The Exact Email Marketing Process I've Used To Close $60,000 In Direct Sales, Without Need For Sales Calls or Advertising
Modules: Data-Mania, LLC will make available eight (8) core modules.. Although designed to complete in order, weekly, Client may go at his or her own pace, and work through the modules as he or she sees fit. These Modules are intended to release proprietary information created by Data-Mania, LLC for personal benefit of Client. Client agrees and understands that he/she is not to share, copy, distribute, or otherwise use (other than that which is expressly allowed) the information provided to her as a result of her participation in DCC. Access to all modules will end exactly 365 days after initial date of enrollment.
Bonus Modules: DCC will also include three (3) additional "bonus" assets. While Data-Mania does not anticipate or expect Bonus Modules to change, it may add, remove, or update such modules as appropriate, within its sole and exclusive discretion. Bonus Modules are to be considered "extra" value over and above what is being purchased, and Client understands he/she does not have a cause of action or claim for refund if Bonus Modules are updated or changed at any point in the future.
Facebook Group Access: Client may also be granted access to a private group on social media organized by Data-Mania as a BONUS to joining DCC. If applicable to Client and Client joins, Client agrees to use common sense when posting or responding to others' in the group, and agrees to refrain from posting any negative or unnecessary comments. Should Client post anything that is deemed offensive, defamatory, or otherwise negative in such a way that it causes a disruption within the group and community, Data-Mania, LLC reserves the right to remove Client from any such Facebook group and other similar community, in order to preserve the experience for the rest of Data-Mania, LLC's clients.
Support Calls: DCC will include access to monthly calls within Zoom, where members may log in and access a live Q&A call with Lillian, to get any questions answered and gain extra insights.
Client has carefully read this Program Outline Addendum and acknowledges that he/she is aware of what is, and what is not included within this Program. Client is aware that this Program Outline includes EVERYTHING included within the Program, with the exception of exclusive or limited time, time-sensitive bonuses. If Client expected additional information, products, services, or other information to be provided in this Program but does not see it here, Client understands it may not be included, or may be a limited time bonus. Data-Mania, LLC is under no obligation to provide anything other than what is listed above, with the exception of updated or ever-changing Bonuses offered for limited periods of time.
By completing the online purchase and being charged the amount listed above, Client confirms he or she has reviewed this Program Outline, completed any and all appropriate additional research, and asked any and all necessary questions of Data-Mania, LLC and his/her team in order to feel appropriately educated of the Program and product/service being offered. Client understands he or she will not be entitled to a refund once completing this purchase for any reason, other than as discussed above.
END OF TERMS