TERMS AND CONDITIONS(BUDGET OPTIMIZATION)
(also referred to as Terms of Service)
EFFECTIVE NOVEMBER 3, 2019
TERMS OF SERVICE FOR ALL PRODUCTS
I represent and warrant that: (i) I have read and understand these Terms of Service; (ii) I have full legal authority to accept these Terms of Service on behalf of myself and/or any entity to which such Services will be provided; and (iii) I agree to these Terms of Services on behalf of myself and/or any entity to which such Services and agree to abide by, and be bound by, same. By accepting any services from Financial Health Sciences, I acknowledge my receipt of, and my agreement to, these Terms of Service on behalf of myself and/or any entity to which such Services are provided. [If you don’t have the legal authority to agree to these Terms of Service, please do not sign or accept same.]
By accepting terms these Terms of Service with Financial Health Sciences, I agree to the terms of Financial Health Sciences and the selected product as documented in an associated order form and in these Terms of Service.
These Terms of Service apply to all products and programs that I purchase from Financial Health Sciences. I also understand and agree to the additional terms that apply to the specific product I am purchasing from Financial Health Sciences.
Payment Terms
I agree to the Payment terms described in the order form corresponding to my selected product or program. I authorize Financial Health Sciences to auto-charge my account using the payment method selected on the order form, according to the terms outlined on the order form and herein. I understand that all prices are listed in US Dollars. I understand and agree that, if the payment method selected on the order form is declined for any reason, Financial Health Sciences, may charge any of the other credit/debit cards I have on file with my account. Financial Health Sciences, is not responsible for overdraft or other penalties/fees that I may incur for such charges (or attempted charges). Notwithstanding the fact that all purchases are non-refundable, in the event that Financial Health Sciences, decides, in its sole discretion, to provide me with any refund in the event of a cancellation of a purchase, I understand that services that were utilized will be valued at list price when reducing the original sales price (not discounted cost) for calculation of refund amounts.
No Guarantees
Unless there is a specific guarantee provided in the terms and conditions below, or on my signed sales order form, I understand and acknowledge that The FHS makes no guarantees regarding the outcomes or results that I will obtain or achieve as a result of the product or program I am purchasing from The FHS. I understand that, in some instances, a guaranteed result will be documented on my order form or order web page. I understand that, in these instances, The FHS may recommend that I implement additional programs and products and/or provide me with additional services to achieve the guaranteed result. I agree to implement any recommended programs and products, and to accept any additional services, offered at no additional cost to me to achieve the guaranteed result. I understand that I am responsible for implementing the programs and products according to FHS’s recommendations and providing results to FHS as required in the terms and conditions below, on my sales order form, or those documented in the product materials provided to me.
Communications and Privacy
I agree to receive marketing, service, commercial, and other communications from Financial Health Sciences, via facsimile, email, regular mail, or other electronic means, including an automatic telephone dialing system or an artificial prerecorded voice, unless I submit an electronic or other written request to opt out of receiving them.
I understand that Financial Health Sciences, respects the privacy of its users when they use its websites and mobile and other online applications, products, and services. I acknowledge that I have been provided with Financial Health Sciences, Privacy Statement, and I consent to the use of my information and information about me in accordance with the Privacy Statement.
Limitation of Liability
Except as caused by gross negligence or intentional misconduct, Financial Health Sciences, will not be liable for any indirect, incidental, special, consequential or exemplary damages (including damages for loss of profits, goodwill, use, or data), even if it has been advised of the possibility of such damages. Further, Financial Health Sciences,shall not be responsible for any damages arising in connection with any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of my company’s information, including but not limited to protected health information, unless caused by Financial Health Sciences, gross negligence or intentional misconduct. In all events, Financial Health Sciences, aggregate liability under these Terms will be limited to two times the amount my company actually pays FHS for the service that gave rise to the claim during the twelve (12) months preceding the claim.
Dispute Resolution
Any disputes involving my company’s enrollment or participation in the program or regarding these Terms of Service shall be governed by the substantive law of Nevada. The exclusive forum for any lawsuit relating to such a dispute shall be the state or federal courts of Nevada. My company and I submit to personal jurisdiction in Nevada in connection with any such lawsuit.
INDEMNITY.
I agree to defend, indemnify and hold Financial Health Sciences, and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) my use of the Products or Services, (ii) my violation of these Terms, (iii) any User Submissions or Feedback I provide; or (iv) my violation of any law or the rights of any third party. I understand, acknowledge and agree that Financial Health Sciences, reserves the right, at my expense, to assume the exclusive defense and control of any matter for which I am required to indemnify Financial Health Sciences, and I agree to cooperate with the defense of such claims. I agree not to settle any such claim without Financial Health Sciences, prior written consent. I understand, acknowledge and agree that Financial Health Sciences,will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
ADDITIONAL TERMS OF SERVICE FOR TRAININGS
In addition to the Terms of Service for all products listed above, I also agree to the following additional Terms of Service for the training(s) I am purchasing from FHS.
Contract and Cancellations
I agree that, I can’t cancel a yearly subscription for a refund. After 12 months a 30-day written notice via email to info@financialhealthsciencs.
I understand that monthly billing products are billed in advance, and that I will not receive a refund for partial month usage.