CLIENT AGREEMENT
When you purchase this product or service, you enter into an Agreement ("Agreement") between You (“You”, “you”) and Purple Chicken Life LLC (“Company”, “We”, Us") in Leander, Texas 78641. This Agreement is effective once you purchase the program “The Science & Magic of Achievement” (the "Program"). By purchasing the Program or signing or agreeing to this Agreement electronically, the parties agree to terms that follow.
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PROGRAM/SERVICE
The Company agrees to provide a program named “The Science & Magic of Achievement — A New Spirit-Centered, Science-Backed Way to Set, Meet, and Measure Goals”, as described on the web page where you registered. As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
Program dates and times vary each time the Program is offered. Specific dates, times will be provided on the web page from which you register for the Program. Other access details, such as links to a video conference platform, will be provided after registration. The day and time for live workshops may be different than the day and time of the Program’s coaching sessions, as participants will be placed in small groups for coaching sessions and all groups will not be coached at the exact same time on the same day.
The Program may evolve to include other elements, such as digital or downloadable resources, online courses, workshops or trainings, or online meeting spaces, operated by the Company (for any purpose), whether on a website hosted by Company or a third-party website such as an online course or social media platform.
From time to time, the Company may 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. Bonuses are not guaranteed to be available for the entire lifespan of the Program and they vary depending on specific live and automated promotions throughout the year.
The Company reserves the right to offer additional Program elements from time to time, for any subgroup of participants. These additional Program elements are a bonus, not a part of the services included in the base version of the Program. The selection of the participants who may participate in any additional Program elements is at the sole discretion of the Company.
The Program is conducted in English.
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PARTICIPANTS
This Program is intended and only suitable for individuals aged 18 and above. Some of the content in this Program may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of 18.
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FEES AND PAYMENT TERMS
In consideration of your access to the Program, you agree to pay the following fees.
- Fees: The total fee for the Program is $997 (special holiday pricing), payable in full upon registration.
- Non-Refundable: Due to the nature of this high-value Program, and the limited number of participants accepted into the Program, payments are non-refundable under any circumstances. Please see the Refund Policy section below for additional details.
- Transfers: If you are unable to complete the Program, you may request a one-time transfer to a future cohort of this program, if one is offered within the same calendar year, provided you notify us in writing at least 30 days before the new cohort starts.Â
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METHODS OF PAYMENT
If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
Regarding recurring payments and outstanding invoices: you are required by law to complete all installments of your payment plan if one is offered and you agree to it. You authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding payments, using any eligible payment method we have on record for your account. If all payment methods we have on file for you are declined for payment of your fees, you must provide a new payment method promptly or your Program access will be terminated, and you will be refused participation in any future programs.
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REFUND POLICY
Your satisfaction is important to the Company. However, because of the extensive time, effort, preparation and care that goes into creating and providing this high-value Program, the live delivery nature of core Program elements, and the limited number of participants accepted into the Program, the Company has a no refund policy.
Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for the Program and no refunds will be provided to you for any reason.Â
By purchasing and/or using the Program, you understand and agree that all sales are final, and no refunds will be provided.
Since we have a clear and explicit Refund Policy in this Agreement that you have agreed to prior to completing your purchase of the Program, we do not allow or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
If you violate this Agreement, the Company reserves the right, in its sole discretion, to offer you another opportunity to abide by it. If violations continue the Company may, in its sole discretion, terminate your access and participation in the Program without notice and without refund.
If you have any questions about this policy, please contacting us at: [email protected]
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COMPANY RESPONSIBILITIES
We agree to:
- Provide high-quality Program content.
- Facilitate workshops and coaching sessions with professionalism and care.
- Provide access to all materials and resources promised in the Program, during the term of the Program and for 30 days after its completion.
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YOUR RESPONSIBILITIES
To ensure a successful experience, you agree to:
- Acknowledge that success in the program depends on your effort, commitment, and willingness to engage with the content and coaching fully. This includes engaging in discussions, asking questions, and contributing to group coaching sessions or workshops to the degree you feel comfortable, for the purpose of supporting your own success.
- Be honest about your challenges, feelings, and experiences to get the most value from the coaching relationship.
- Commit to noticing and working through resistance or discomfort, which is a natural part of personal development and coaching experiences.
- Take responsibility for seeking solutions and applying lessons learned to achieve desired outcomes and to resolve concerns with the Program, other members, and facilitators or coaches We may provide for sessions.
- Treat all participants, coaches, and facilitators with respect and kindness.
- Adhere to the rules and guidelines provided for Program participation, such as session timing or use of resources.
- Respect the privacy of other Program members, including keeping other participants' personal information and shared experiences confidential.
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YOUR CONDUCT IN THE PROGRAM; CONFIDENTIALITY; USE OF YOUR MATERIALS
Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.Â
You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory, obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.Â
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
The Company respects the privacy of its customers and will not disclose any information you provide except as set forth in this Agreement. 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. Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive prior express written permission from such other participant to share the information.
You are strictly forbidden from the following:
- Causing damage to any Company website or third-party forums operated by the Company
- Â Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
- Â Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
- Â Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
- Â Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
- Â Sharing private and proprietary information from the Program or other participants with anyone else
- Â Discriminatory speech, hate speech, comments, or actions against another member based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels
The Company does its best to create a safe and welcoming space for all participants, however, the Company cannot guarantee that all participants will follow these guidelines. The Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, the Company does not have a duty to review all comments, posts, content and material shared within any online private forums or groups or on any group call. Therefore, the Company shall not be held liable for any participant’s comments, actions, posts, content or materials that result in another participant’s trauma or discomfort.
The Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Program participants on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask Program participants to join, “shadow” groups on social media or any other platform.
We may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into this Agreement.
By posting or submitting any questions, comments, posts, photos, images, videos or other contributions during group coaching sessions or in any online or in-person group related to the Program (collectively “Contributions”), you are representing to us that you are the owner of all such Contributions and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform or display your Contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future program or other content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that we have the right but not the obligation to use any Contributions from you and that we may elect to cease the use of any such Contributions in the Program at any time for any reason.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.Â
You also grant us, and anyone authorized by us, the right to use your likeness and identify you by name, email address, or screen name as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company that reference the Company or the Program, and to identify you as a member of the Program by name, email address, or screen name, for any purposes, including commercial purposes and advertising.
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NO TRANSFER OF INTELLECTUAL PROPERTY
All content provided to you as part of the Program, such as text, graphics, logos, images, video, as well as the compilation thereof, and any software used in the Program (collectively “Content”), is the property of the Company or its suppliers and is protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
As a purchaser or participant in the Program, you are our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. Â
This means you may view, download, print, email and use the Program and Content for your own personal purposes or your own business only.
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 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 the 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 Content. 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.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any Content or other material from the Program for commercial purposes or in any way that earns you or any third party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Program or any Company content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Program or Content shall constitute infringement. Â
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 fees.
Your use of any materials found in the Program or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Program, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.  Â
You agree that any violation or threatened violation of the intellectual property rights terms in this Agreement would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
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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, pandemic, death, illness or incapacity of Suzette Conway or other personnel involved in Program delivery, explosion, any local, state, federal, national or international law, governmental order or regulation, 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 (collectively, “Force Majeure Event”).
Upon occurrence of any Force Majeure Event, the Company shall give notice to you of its inability to perform or of delay in completing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations, or may terminate this Agreement.
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FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
The information contained on this Website and Program and the resources available for download through this Website are for educational and informational purposes only. ​ The information contained on this Website and Program, and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
ACCURACY AND PERSONAL RESPONSIBILITY
We have done our best to ensure that the information provided on this Program and the Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or Program or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using this Website and Program, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Program and Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.
NO GUARANTEES AS TO RESULTS
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website and Program, or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website and Program are no guarantee that you or any other person or entity will be able to obtain similar results.
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TERMS OF USE
This Program will delivered through the website Flittersphere.com or other third party software or websites, such as video conferencing tools or social media platforms. The terms and conditions available on Flittersphere.com, govern your access to and use of Flittersphere.com, including the Program and any content, functionality, programs, and services offered on or through Flittersphere.com (the “Website”), whether as a guest or a registered user.Â
Please read the Terms of Use before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, available on the Website. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website or the Program.
This Website and Program are offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Program.
CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them at Flittersphere.com, and apply to all access to and use of the Website and Program thereafter. Your continued use of the Website or Program following the posting of revised Terms of Use is your agreement to those terms.
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PRIVACY
Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, available on the Website, which also governs the Website and informs users of our data collection practices.
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LIMITATION OF LIABILITY
You agree to absolve the Company and its representatives of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website or in the Program. You agree that the company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website.
The information, software, products, and services included in or available through the Website and Program may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or its suppliers may make improvements and/or changes to the website at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website 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
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GOVERNING LAW:
This Agreement shall be governed by the laws of the State of Texas.
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ARBITRATION
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Product, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Austin, Texas. You further agree to and do hereby waive any right to a jury trial and agree that the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association. The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
You agree that the arbitration shall be limited to the dispute between you and the Company individually. To the fullest extent permitted by law, no arbitration shall be joined with any other proceeding; there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
You agree that any dispute, controversy, or claim arising out of or relating to this Agreement or the breach thereof, including but not limited to claims under state or federal consumer protection laws, tort claims, and contract claims, shall be resolved exclusively through arbitration as specified herein.
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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 Website, Program, or other 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.
This indemnity obligation will survive the termination of this Agreement and your use of the Website or services. You agree that this indemnification provision includes any claims arising from your breach of the representations and warranties set forth in this Agreement, as well as any fraudulent, intentional, or negligent acts or omissions by you.
If the Company incurs any costs, damages, or expenses as a result of your actions, you agree to reimburse the Company promptly upon demand.
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ASSIGNMENT
You may not assign this Agreement without the Company’s prior express written consent
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TERMINATION AND ACCESS RESTRICTION
The Company reserves the right, in its sole discretion, to terminate your access to the Website, Program, and any related services, content, or any portion thereof at any time, without notice. Examples of termination reasons include but are not limited to: 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.
To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration provision outlined in this Agreement.
Upon termination, your right to use the Website, Program, or other services and content will cease immediately, and the Company reserves the right to delete or deactivate your account and all related information and files, without any liability to you.
Termination of your access does not relieve you of your obligation to pay any outstanding fees or amounts owed under this Agreement, including any remaining payments under a payment plan. Additionally, termination will not affect any rights or obligations that have accrued prior to termination, including but not limited to indemnification, intellectual property rights, and dispute resolution provisions.
You agree that the Company shall not be liable to you or any third party for any termination of your access to the Website, the Program, or related content or services. If you wish to terminate this Agreement, you may discontinue use of the Website, Program, or related content and services at any time; however, such discontinuation does not entitle you to a refund of any fees paid.
The provisions of this Agreement that by their nature should survive termination shall survive, including but not limited to provisions regarding intellectual property, indemnification, disclaimers, limitations of liability, and dispute resolution.
In the event you decide to cancel your participation in the Program, you will not be issued a refund for any remaining days or months of the Program after your cancellation, and any remaining installment, default, or late payments will be due immediately.
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SEVERABILITY
If any provision of this agreement is found to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth herein, the remaining provisions shall continue in full force and effect.
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This Agreement constitutes the entire agreement between you and the Company with respect to the use of the Website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company. Any rights not expressly granted herein are reserved by the Company.
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ENTIRE AGREEMENT​
Unless otherwise specified herein, this agreement, along with the Privacy Policy, constitutes the entire agreement between you and the Company with respect to the Website, Program, or other services and resources, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
No waiver by the Company of any breach or default under this agreement shall be deemed a waiver of any preceding or subsequent breach or default. If any provision of this agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
This agreement may not be amended, modified, or supplemented except in writing signed by an authorized representative of the Company. Any failure to enforce any provision of this agreement shall not constitute a waiver of such provision or any other provision.
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CHANGES TO TERMS
The Company reserves the right, in its sole discretion, to change the Terms under which the Website and Program are offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
CONTACT US
Purple Chicken Life LLC welcomes your questions or comments regarding the Terms. Please contact us anytime at [email protected]
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ACCEPTANCE
By using the Website, purchasing the Program, or otherwise using the related resources, you agree to all terms of this Agreement and acknowledge that you have read, understood, and agree to be bound by its terms.