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The following Membership Terms and Conditions (“TAC”) are entered into by and between you (“You,” “Member,” “Members,” “Membership” or “Memberships”) and Open Lotus Productions (“Company”) for a Membership in the Transformation Club (“Club”) and for your use of the https://transformationclub.org Transformation Club website (“Website.”)
Membership
Company agrees to provide You with access to the Club benefits advertised on the Website. As a condition of being a Member, you agree to be bound by and to abide by all policies and procedures set out in these TAC, including those incorporated by reference.
Ownership & Term Duration
Club Membership is non-transferable. The initial term of a Membership shall commence on the date on which it is purchased. The Club Membership term duration is one calendar year (12 months.) Renewal is defined as the process of continuing Membership for a subsequent one-year term. Membership may be renewed up to sixty days before the expiration date, or up to two months (60 days) after expiration.
Membership Annual Fee
The current annual Membership fee is $297.00 in United States dollars. When purchasing a Membership, the fee is made clear during the order process. You agree to pay the stated fee at the time of your order, and authorize Company to charge your credit card or debit card. Membership fees do not include any taxes that may be applicable in accordance with any United States Federal or State laws, or laws in other countries.
Membership Refund Policy
Membership may be canceled at any time within the first thirty (30) days to receive a full refund of the fee paid. To request a refund, email memberservices@transformationclub.org. The email must reference the name and email associated with your Membership, and the date of initial purchase or latest renewal. You are not required to submit any additional information but stating the reason you are requesting a refund is appreciated because it helps Company improve our service. Upon determining that you are entitled to a refund pursuant to this policy, Company will promptly issue an instruction to its payment processor to issue the refund. Company does not control its payment processor and will not be able to expedite any refunds. When a Membership is canceled, former Member shall immediately terminate any and all use of Club benefits and Company materials including but not limited to the Club Membership graphic. You may cancel after the first thirty (30) days of Membership; however, no refund shall be issued.
Member Personal Information
Members shall submit and maintain accurate and current user information in connection with their Memberships. Such information includes name, address, email address, and telephone number. Members may change their account information by emailing memberservices@transformationclub.org.
Membership Termination
Company may terminate a Membership without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such membership would violate any provisions of any TAC herein, applicable law, or otherwise be harmful to our interests. In the event of any such termination, the Member shall not be entitled to a refund of their annual Membership fee.
Intellectual Property Ownership
All content included in the Website as part of Membership, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Membership, is the property of Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Company name, logo, tagline, and all related names, logos, product and service names, designs, taglines and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company or its affiliates or licensors. Your Membership does not result in a transfer of any intellectual property to You, and, as a condition of Membership, You agree to observe and abide by all copyright and other intellectual property protection. You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Membership content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Membership. Company content is not for resale. Your Membership 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 protected content solely for your individual use and will make no other use of the content without the express written permission of Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Company, affiliates or licensors except as expressly authorized herein. You hereby agree that any infringement of Company’s intellectual property shall result in an immediate termination of your Membership, and you shall not be entitled to a refund of any portion of the annual Membership fee.
Member Confidentiality
Company respects the privacy of its Members and will not disclose any information You provide except as set forth in these TAC. As a condition of Membership, you hereby agree to respect the privacy of other Members and to respect Company’s confidential information. Specifically, you shall not share any information provided by other Members outside of the bounds of the Membership unless you receive express written permission from such other Members to share the information. Similarly, the content of the Membership contains Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the with anyone other than Company, its owners and employees, and other Members.
Member Personal Responsibility
By becoming a Club Member, you accept personal responsibility for the results of your actions. You agree that Company has not made any guarantees about the results of taking any action, whether recommended or not. Company provides educational and informational resources that are intended to help Members 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 Company. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether they are Members or not – is no guarantee that You will be able to obtain similar results. 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 through Membership. You agree to use good judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended through your Membership.
Data Storage
When you visit our Website, we may collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your Internet Protocol (IP) address, browser version, pages of the Website you visit, the time and date of your visit, the time spent on those pages, and other statistics.
Links to Other Sites
This Website may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by Company. Therefore, you are strongly advised to review the Privacy Policy of these websites. Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party sites or services.
No Warranties
Company makes no warranties regarding the performance or operation of your Membership, including any technical aspects of the Membership. Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Membership. To the fullest extent permissible under the law, Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve and do hereby absolve Company 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 the use of your Membership and/or any information and resources contained in Membership. You agree that 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 your Membership. The information, software, products, and services included or available through the Membership may include inaccuracies or typographical errors. Changes are periodically added to the information in the Membership. Company and/or its suppliers may make improvements and/or changes in the Membership at any time. 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 in a Membership 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. Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. To the maximum extent permitted by applicable law, in no event shall Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of a Membership, with the delay or inability to use the Membership or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Membership, or otherwise arising out of the use of the Membership, whether based on contract, tort, negligence, strict liability, or otherwise, even if Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Membership or any portion of it, your sole and exclusive remedy is to discontinue using the Membership.
Indemnification
You agree to indemnify, defend, and hold harmless 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 Membership and related services, any user postings made by you, your violation of any TAC or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. 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 Company in asserting any available defenses.
Arbitration
In the event an unresolvable dispute arises between Company and Member, it is hereby agreed that the dispute shall be referred to United States Arbitration & Mediation for arbitration in accordance with United States Arbitration & Mediation Rules of Arbitration. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with arbitrator’s award, the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.
Waiver
No waiver by any Party of any of the provisions of these TAC shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in these TAC, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these TAC shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Force Majeure
Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached these TAC, for any failure or delay in fulfilling or performing any TAC when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Company including, without limitation, acts of God, flood, fire, earthquake, explosion, 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.
Entire Agreement
These TAC along with Company’s other Terms of Use and Privacy Policy constitute the entire agreement between You and Company with respect to Membership and Website use, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Company. If any term or provision of these TAC are found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these TAC or invalidate or render unenforceable such term or provision in any other jurisdiction.
Effective Date
These TAC shall commence and be enforceable with respect to each Member upon the date that the participant applies for Club Membership.
***View the Transformation Coaching Terms & Conditions
***View the Transformation Club Terms of Use
