Terms and Conditions
These terms and conditions create a contract between you and The Mogoal App Company (the “Agreement”). Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree.”
This Agreement is entered into as of the date that you accept these terms and conditions (the “Effective Date”) by and between The Mogoal App Company (“Service Provider”) and you (“Customer”) (collectively, Service Provider and Customer shall be known as the “Parties”).
The Mogoal App Company agrees to provide services to the Customer on the terms and conditions set out in this Agreement while Customer is of the opinion that The Mogoal App Company has the necessary and proper qualifications, experience, and abilities to provide services to Customer.
Therefore, in consideration of the matters described above, the receipt and sufficiency of which consideration is hereby acknowledged, the Customer and Service Provider agree as follows:
The Service Provider shall provide Customer with the following services (“Services”) in accordance with the timeline, if any, set forth in this Agreement.
- Services Provided
The Service Provider shall provide Customer with a 90-Day Coaching Package which includes:
- Mogoal Financial Freedom Online Course: The Service Provider will grant Customer access to an online course. On or shortly after the Effective Date, the Servicer Provider will provide the Customer with log-in credentials (username and password) to gain access to this online course. If the Customer does not receive log-in credentials within three (3) business days after the Effective Date of this Agreement, then the Customer shall email [email protected] to request log-in credentials.
- Weekly Video Group Coaching: The Service Provider will host weekly video conference meetings to provide group coaching to all participants in the 90-Day Coaching Package. Ed Davis will facilitate these weekly meetings on Tuesdays 7:30-9:30 pm CST to allow space for all program participants to support each other, hold each other accountability to their goals, and ask Mr. Ed Davis questions. The Weekly Video Group Coaching sessions will take place on Zoom. The Service Provider will notify and provide the Customer with the information for the weekly video group coaching on or after the Effective Date of this Agreement.
- FB Community Access: The client will receive access to the FB Community where clients can connect, interact and ask questions as needed. All questions the client has should be posted in the FB community as that is the designated place for all communication other than the weekly group coaching calls.
The Weekly Video Coaching Calls will take place on the platforms described above. All other communications between Service Provider and Customer shall take place on the FB Community.
If Customer needs to contact Service Provider for any reason outside of the Weekly Group Video Coaching and the FB Community, then the Customer should email [email protected] Please do not text or call Service Provider. Service Provider will attempt to respond to communications over the FB Community within two business days (excluding holidays and weekends) of receiving the communication. To limit the disruption to other Customers’ enjoyment of Service Provider’s Services, Customer acknowledges that Service Provider has complete discretion to reasonably limit the number of messages Service Provider responds to for Customer on a weekly basis.
Service Provider’s hours of operation are Monday to Friday from 10am to 5pm Central Standard Time.
To clarify Client’s responsibilities in this program and to manage the Client’s expectations of Service Provider’s Services, the Client understands and adheres to the following:
- Service Provider’s Services are clearly outlined in this Agreement. Client understands that Service Provider’s Services exclude actions not listed in this Agreement.
- It is Client’s decision to employ the information and coaching offered by Service Provider.
- Client is expected to stay up-to-date in the program. If Client needs to take an absence from participating in the program or cannot keep up, Client bears the responsibility of contacting Service Provider as soon as possible to make alternative arrangements, if possible and at the discretion of Service Provider.
This term of this Agreement shall begin as of the Effective Date and remain in full force and effective for ninety (90) days, or until otherwise terminated pursuant to the provisions of this Service Agreement.
This Agreement can be terminated at the discretion of the Service Provider for any reason, including, but not limited to, if the Customer becomes disruptive or difficult to work with; the Customer fails to follow the Service Provider’s program guidelines; the Customer fails to respond to the Service Provider for two weeks or otherwise “ghosts” the Program; the Customer impairs the enjoyment of others to participate in the Service Provider’s programs; the Customer violates the covenant not to compete or the confidentiality clause; or any breach of this Agreement.
The Customer will provide compensation to the Service Provider of $4,000 for the services rendered by the Service Provider pursuant to this Agreement. Service Provider will notify Customer about the available methods to render payment and will provide any other information necessary to effectuate payment. Compensation is due and payable on the Effective Date, unless otherwise specified by Service Provider. If the client does not pay in full, the price of the program may increase at service providers discretion.
Once paid, any payment(s) by Customer to Service Provider is non-refundable. Customer acknowledges that all sales or payments to Service Provider are final. Customer further agrees to waive any rights to “charge-back” or dispute payment with his/her credit card processor or bank. Customer further acknowledges that that there is no refund whatsoever if the Service Provider terminates this Agreement at any time during the term of this Agreement.
Service Provider is not liable for any payments that are not completed because: (1) Customer’s credit card account does not contain sufficient funds to complete the transaction(s) or the transaction(s) would exceed the credit limit or overdraft protection of the credit card account; (2) Customer has not provided Service Provider with the correct payment account information; (3) Customer’s credit card has expired; or (4) of circumstances beyond Service Provider’s control (such as but not limited to, power outages, interruption of cellular service, overzealous fraud protection rules applied by your payment card brand or acquirer bank, or any other interface from an outside force).
All payment is exclusive of any taxes or duties imposed by your jurisdiction or by tax law. The Service Provider is not responsible for any taxes or duties owed by Customer.
- Confidentiality and Non-Disclosure
- Confidential Nature of Information. Customer agrees to treat all information obtained from The Mogoal App Company in the performance of this Agreement, including but not limited to the online course content, the substance of the conference calls, Customer’s log-in credentials (such as username and password), and the price of the 90-Day Coaching Package, as confidential and proprietary to The Mogoal App Company. Customer shall treat all records, information, and work-product prepared, shared, or maintained by The Mogoal App Company and its employees, agents, and representatives in the performance of this Agreement as confidential and will not disclose this information to any other persons, social media platforms, firms, or organizations by any means. Further, nothing in this Agreement or in the performance of this Agreement shall be construed as granting or conferring any rights by license, express or implied, regarding any idea made or conceived by Service Provider, nor as granting any right with respect to the use or marketing of any product or service of Service Provider.
- Survival. Customer’s obligations under this paragraph shall survive the termination of this Agreement.
The Customer agrees to hold the Service Provider, its officers, employees, or agents, harmless from any loss, claim, damage, or liability of any kind involving an officer, employee, or agent of the Service Provider arising out of or in connection with this Agreement. In no event shall Service Provider, including but not limited to Service Provider’s principals, employees, agents, or contractors, be liable to Customer, or any third party, for any loss of profits, loss of business, or indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to this Agreement.
The Service Provider makes no warranties, express or implied, as to any matter whatsoever, including, without limitation, the condition or quality of the services described herein, whether tangible or intangible, or developed under this Agreement; or the marketability, or fitness for a particular purpose of the services. The Service Provider shall not be liable for any direct, indirect, consequential, special, or other damages suffered by any person resulting from this Agreement or the Customer’s use of the Service Provider’s services or information.
- Relationship of the Parties
This Agreement does not create, nor shall be represented by either party hereto to create, a partnership, joint venture, employer-employee, master-servant, principal-agent, or other relationship whatsoever between the Parties hereto.
This Agreement, the rights of the Parties hereunder, and any disputes arising out of or relating to this Agreement shall be governed by and construed in accordance with
the laws of the State of Texas.
The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between the Customer and an authorized executive from the Service Provider to settle the controversy. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within ten (10) business days after the delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall each include with reasonable particularity a statement of the party’s position(s) and a summary of arguments supporting that position(s). Within thirty (30) days after delivery of the notice, the Parties shall meet at a mutually acceptable time and place, which can include via telephone or video conference.
Unless otherwise agreed in writing by the negotiating Parties, the above-described negotiation shall end at the close of the first meeting described above (“First Meeting”). Such closure shall not preclude continuing or later negotiations, if desired.
All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the Parties, their agents, employees,
experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the Parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
At no time prior to the First Meeting shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by agreement of the Parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of this section.
All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the procedures specified in the aforementioned paragraphs of this section are pending and for 15 calendar days thereafter. The Parties will take such action, if any, required to effectuate such tolling.
If any dispute, claim, or controversy is not resolved between the Parties through the aforementioned process, then any dispute, claim or controversy arising out of or
relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this
Agreement to arbitrate, shall be determined by arbitration in Texas. The Parties shall maintain the confidential nature of the arbitration proceeding, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or unless otherwise required by law or judicial decision. In any arbitration arising out of or related to this Agreement, the arbitrator(s) shall not award costs or attorneys’ fees. For any dispute arising out of or relating to this Agreement, each party is to bear their own costs and attorneys’ fees.
The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the Parties hereto.
Each party hereto declares and represents that in entering this Agreement he/she/it has relied and is relying solely upon his/her/its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this Agreement is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent, or attorney of any other party.
In the event that any provision of this Agreement or any word, phrase, clause, sentence or other provision thereof, should be held to be unenforceable or invalid for any reason, such provision or portion thereof shall be modified or deleted in such a manner so as to make the Agreement as modified legal and enforceable to the fullest extent permitted under applicable laws.
- Testimonial Release
You hereby irrevocably and perpetually grant to Company:
- - The right to photograph, videotape and record your name, voice, appearance, likeness, and/or written testimony along with any material furnished by you, in whole or in part, in any of Company’s marketing materials and programs;
- - The right to use your written, oral and video submissions in any fashion, inCompany’s discretion;
- - The right to publish, exhibit and distribute the use of your name, voice, appearance, testimonial and/or likeness along with any material furnished by you, in whole or in part, worldwide, for any commercial purpose, including but not limited to the advertising or solicitation of business, by any means of mass and/or electronic media, including but not limited to print, radio, television and promotional materials, events and/or marketing plans.
- - You will be provided the right to inspect any such altered materials prior to release, use or publication for edits and approval if not in their original format or submission.
This Agreement contains the entire agreement and understanding by and between the Parties and any representations, promises, agreements, or understandings, written or oral, not contained in this Agreement are rendered invalid and shall have no force or effect.