TERMS OF PURCHASE

THE DOWNSIZING INSTITUTE, INC.

FOR ALL ONLINE TRAINING PROGRAMS & COACHING PACKAGES

By clicking “Buy Now,” “Get Started Now,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by Deborah Moyer (“Instructor/Coach”), acting on behalf of The Downsizing Institute (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

TERMS.

The Mastery Program includes the following: 


Senior Downsizing Specialist Training Program – including the following (4) training courses: Introduction to Senior Downsizing, Business Start-Up Essentials, Marketing and Branding Your Downsizing Business, Downsizing 101: Skills, Strategies & Tools.


4 – One Hour Coaching Sessions Per Month for 3 Months or a total of 12 hours coaching.


E-mail access to Instructor/Coach during regular business hours. Response time is generally within 24 hours. Client agrees e-mail access is to be used judiciously for brief clarification of coaching content between sessions only and not as extended coaching sessions.

METHODOLOGY.  (For Mastery Program Only) Client agrees to be open minded to Instructor/Coach’s methods and partake in services as proposed. Client understands that Instructor/Coach has made no guarantees as to the outcome of the coaching sessions or Program.  Instructor/Coach may revise methods or parts of the Program based on the needs of the Client. 

DISCLAIMERS. 

By participating in the Program, Client acknowledges that the Instructor/Coach is not an attorney or financial advisor, and her services do not replace the specialization of other business-related professionals.  

The Instructor/Coach may provide Client with third-party         recommendations for such services as marketing, photography, social media, legal, business or other related services as part of training content or upon Client request. 

Client agrees that these are only recommendations and the Instructor/Coach will not be held liable for the services provided by any third-party to the Client. The Instructor/Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

Any testimonials, earnings, or examples shown through Instructor/Coach’s website are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Instructor/Coach’s programs, courses, and/or services. 

Client acknowledges that Instructor/Coach has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of The Downsizing Institute’s website, programs, products or services.

PAYMENT AND REFUND POLICY.

By agreeing to purchase, Client agrees to pay Instructor/Coach the full purchase amount or, if available, via any payment plan offered in the Programs.   Client agrees to pay any finance fees associated if they select a payment plan.

The coaching services and training courses provided in this program are non-refundable.

Credit Card Authorization. By clicking “Buy Now,” “Get Started Now,” or any other phrase on the purchase button, each Party hereto acknowledges that Instructor/Coach will charge the credit card provided by the Client with the agreed price (one-time price or payment plan described on the website). 

In the event Client fails to make any of the payments within a payment plan or a payment is rejected by Client’s credit card, Instructor/Coach has the right to immediately disallow participation by Client in the training and coaching programs until payment is paid in full, including disallowing access to training modules, materials, and coaching calls. If Client has not paid within fourteen (14) days of due date, Instructor/Coach has the right to terminate the agreement.

INTELLECTUAL PROPERTY RIGHTS.  

In respect of the documents specifically created for the Client as part of these Programs, the Instructor/Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. 

Client receives one license for personal use of any content provided the Instructor/Coach.  Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Instructor/Coach to the Client, nor grant any right or license other than those stated in this Agreement. 

The Instructor/Coach reserves the right to immediately remove Client from the Program, without refund, if you are caught violating this intellectual property policy.

NON-DISPARAGEMENT. 


    The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. 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 Instructor/Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.


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.

DISCLAIMER OF WARRANTIES. 

      The information, education, and coaching provided to the Client by the Instructor/Coach 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.

LIMITATION OF LIABILITY.  

     By using The Downsizing Institute, Inc. services and purchasing one or all of these Programs, Client accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Client agrees that Instructor/Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Program. Client agrees that use of this Program is at user’s own risk.


DISPUTE RESOLUTION.  

      If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any 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 in Salem, Oregon 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.

GOVERNING LAW. 

     This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, within the United States, regardless of the conflict of laws principles thereof.

ENTIRE AGREEMENT. 

     This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.

 

Terms of Purchase Updated as of 1/1/23