The Table
Terms of Confidentiality & Participation
TERMS OF PARTICIPATION
Please READ carefully. By purchasing this Program, from Viticula, LLC (“Company”, “we”, or “us”) You (“Client” or “You”) agree to accept and be bound by the following Terms of Participation set forth herein, which establish a legally binding contract between You and the Company.
PROGRAM/SERVICE
Viticula, LLC agrees to provide You the Program, The Table, a monthly membership to provide business financial advisory support and resources.
The Company shall provide the following to Client:
A Password Protected Program Area: The Company shall maintain a Program Area on the Company’s website (www.viticulafinancial.com) that will include templates, audio recordings and other training and support information. You shall have access to this Program Area for as long as you are enrolled in the program. In the event that the Company intends to close the Program Area, it shall provide clients with a 30 day notice. The Company will notify you via the email address You provided the Company at the time of the program purchase or in any update You make to your profile. Any personally identifiable information you provide is governed by the terms of the Company’s website Privacy Policy.
From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of your enrollment in the Program. Bonus availability is not guaranteed for the entire lifespan of the Program and they may vary depending on specific live and automated promotions throughout the year.
FEES + REFUNDS
Your participation in the Program and right to receive Services from the Company is contingent upon your timely payment in full of the Fee. You will choose a payment plan - payments will continue indefinitely until you opt-out.
METHODS OF PAYMENT
You hereby authorize the Company to charge your credit card or debit card automatically for payments due from You to the Company in exchange for the Company’s Service under the Program.
Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your program access will be removed.
CHARGEBACKS
You agree never to dispute any payments made to the Company pursuant to this Agreement, resulting in a chargeback to the Company’s account. Doing so will be considered a breach of the terms and conditions of this Agreement. Any issue or dispute is to be brought to the Company’s attention so that it may be resolved between you and the Company. In the event of a chargeback, you agree to pay for any fees associated with the Company having to recover payments, including but not limited to, collection fees and attorneys’ fees. The Company further reserves the right to report any unlawful and illegitimate chargebacks to the credit reporting agencies.
REFUND POLICY
Money Back Guarantee: After completing three months of the program, if you have attended all the office hours and utilized the templates and training but it has not been effective for you, we will refund you one month's payment, cancel you from the program and cancel any future payments. You will be asked to submit both proof of attending/watching the calls and homework you've completed.
CONFIDENTIALITY
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement or otherwise required by law. Confidential information does not include information that was in the Company’s possession prior to your participation in the program or is information that is generally known to the public.
As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information and to refrain from sharing with others any information learned as a result of participating in the Program.
Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participants to share the information. Notwithstanding, You agree that the Company shall not be liable for the disclosure of any of your information by another Program participant.
Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, its owners and employees, and other Program participants.
NO TRANSFER OF INTELLECTUAL PROPERTY
All content included as part of the Program, such as all content including materials, documents, data, videos, recordings, text, graphics, logos, images, as well as the compilation thereof is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are owned by the company. You shall not use such marks without the prior written permission of the Company.
The Company’s content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. Other than as set-forth in the following paragraph. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
PROGRAM ACCESS LICENSE
By agreeing to these Terms of Participation AND paying Program Fee, You are granted a single-use, non-exclusive, non-transferable, revocable license, limited to You only, to access and use the Program content and resources. You hereby agree that You will not modify, publish, redistribute, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the Program fees. Nothing in this paragraph is intended to waive other remedies the Company may seek to enforce against you if you violate the Company’s intellectual property rights.
All rights not expressly granted in these terms or any express written license, are reserved by the Company.MATERIALS PROVIDED BY YOU
You represent and guarantee that any content, information, documents, data, financial statements, marketing materials, branding, photos etc. provided by you is owned by You or You have been given permission to use them with appropriate licenses. Ownership of these materials will remain with You or (or the persons and/or entities from which the materials are licensed) at all times. The Company will not be liable for any claims related to materials, specifications, and information provided by You to the Company during the term of the Program.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship between You and the Company. The Company is agreeing only to provide Client with access to the Program and the Services offered thereunder, which are intended only as informational and educational. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
FORCE MAJEURE
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company 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, lock-outs, strikes or other labor disputes (whether or not relating to either party's 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.
SEVERABILITY/WAIVER
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
You agree to absolve and do hereby absolve the Company of any and all legal liability for loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.
The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. The Company may periodically add to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
NON-DISPARAGEMENT
The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
MODIFICATION
The Company may modify terms of this agreement at any time. All modifications shall be posted on the Viticula website and purchasers shall be notified by email.
TERMINATION
The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
GOVERNING LAW
This Agreement shall be governed by the laws of the State of Texas.
RESOLUTION OF DISPUTES
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim, in a court of competent jurisdiction, only in the state or federal courts that are geographically nearest to Houston, TX, without regard to such state’s conflict of laws or choice of law rules and principles.
You agree that any violation or threatened violation of the Company’s Intellectual Property Rights would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, in addition to all legal remedies.
LIMITATION OF LIABILITY
In no circumstance, will the Company ever be liable to You for any claim under this Agreement, in excess of the total amount of payment made under this Agreement.
COSTS OF ENFORCEMENT/ATTORNEYS’ FEES
In the event of any collections proceeding, litigation, arbitration, mediation, or other dispute arising as a result of, in connection with, or by reason of this Agreement, the substantially prevailing party in any such proceeding or other dispute shall be entitled to, in addition to any other damages assessed, its reasonable attorneys’ fees and all other costs and expenses incurred in connection with settling or resolving such dispute, including costs incurred by Contractor in collecting payments from Client. The substantially prevailing party is the party which recovers the greater dollar award in any proceeding.
DISCLAIMER
Every effort has been made to accurately represent this product and its potential.
There is no guarantee that your business will become more successful or insulated from market fluctuations using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee. Business potential is entirely dependent on the person using our product, ideas and techniques. The Program is for financial education only purposes. The Program and accompanying Content is not intended to be a substitute for professional advice that can only be provided by retaining your own professional including but not limited to financial advisor, financial planner, accountant, tax planner or lawyer. You are responsible for your own business, financial and legal decisions, actions and results. You should retain your own professional if you need specific and in-depth advice and recommendations. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.
You agree that the Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results and earnings differ for each individual.