CHALLENGE TERMS OF PURCHASE
A Lit Up Life, LLC
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your PayPal or credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“User”) agree to be to participate in the Visibility Challenge by A Lit Up Life, LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms of purchase:
a. Upon execution of this Agreement, electronically or otherwise, the Company agrees to provide services in accordance with the Challenge as outlined on Company’s Website, Sales Page, or other point of purchase.
b. The scope of the Challenge rendered by the Company pursuant to this Agreement shall be solely limited to that contained therein and/or provided for on Company’s Website at www.alituplife.com (“Website”) as part of the Challenge.
c. User must have PayPal to participate in the Challenge.
d. User acknowledges that while the Company will make every effort to ensure each entry is accounted for through the process of the Challenge that exceptions may occur and entries may be missed.
e. As stated on the Website, the proceeds from the Challenge will be returned and split between all winning recipients (as defined on the Website) less the service fees required for administration of the Challenge.
2. PAYMENT AND REFUND POLICY.
a. Upon execution of this Agreement, User agrees to pay to the Company the purchase amount as stated on the website via Paypal.
b. Company does not offer refunds and User agrees that once payment is submitted for the Challenge, that money will not be returned unless the User is a recipient of the Challenge proceeds.
c. If User is a recipient to the Challenge, his/her portion of winnings will be returned via PayPal.
3. DISCLAIMERS. By purchasing participation in the Challenge, the User acknowledges that the Company does not warrant the accuracy of any information provided, is not liable for any losses the User may suffer by relying on Company’s advice or information or through participation in the Challenge. The Company makes no representation or warranty that the information provided within the Challenge, regardless of its source, is accurate, complete, reliable, current or error-free. The Company disclaims all liability stemming from participation in the Challenge or any information provided therein.
By purchasing this Challenge, User acknowledges that the Company cannot guarantee the outcome of the Challenge and there is no guarantee that User will receive any proceeds for participation. The Company cannot make any guarantees other than to deliver information, education, and services purchased as described.
Testimonials, earnings, or examples shown through Company’s website, programs, and/or services are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Company’s Challenge.
4. INTELLECTUAL PROPERTY RIGHTS. In respect of the Challenge sold as part of this Agreement, the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Challenge whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the User, nor grant any right or license other than those stated in this Agreement.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Challenge or intellectual property, in whole or in part without our prior written consent.
5. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
6. DISCLAIMER OF WARRANTIES. The Challenge provided to the User by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
7. LIMITATION OF LIABILITY. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE CHALLENGE. ADDITIONALLY, A LIT UP LIFE, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE A LIT UP LIFE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL A LIT UP LIFE, LLC CUMULATIVE LIABILITY TO YOU EXCEED $100.
8. DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place at the nearest AAA facility in Tampa, FL or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
9. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, regardless of the conflict of laws principles thereof.
10. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.