Last Modified: April 29, 2024

1. PARTIES

In consideration of being permitted to use, access, and resell ACCESS to the Rooted in Radiance online course: Kingdom Coaching (the “Product”), and the value you will gain by using, accessing, and reselling the Product, you hereby agree to these Terms of Purchase. These Terms of Purchase are entered into between you (hereinafter “you” or “Licensee”) and Rooted in Radiance, a sole proprietorship (hereinafter “Company,” “Licensor,” “we,” or “us”). You and the Company are collectively referred to herein as the “Parties.”

2. ACCEPTANCE OF TERMS OF PURCHASE

The following Terms of Purchase (“Terms”) govern your use of, access to, and reselling of access to the Product. These Terms are legally binding, and it is your responsibility to read them before you begin to use, access, or resell access to the Product. Your act of purchasing, using, or distributing access to the Product, whether directly from the Company or from an authorized licensee, constitutes your acceptance of these Terms, including any modifications or updates that the Company may make to these Terms from time to time. Any such modifications or updates will be effective immediately upon notice to you, which may be given by any reasonable means, including via email or through an update posted on a website provided by the Company.

3. TERM

These Terms shall be effective on the date of purchase of the Product by Licensee and shall continue in full force until terminated as provided herein. Upon termination or expiration of the term, all rights granted to the Licensee under these Terms, including the right to resell access to the Product, shall immediately cease and the Licensee shall immediately cease all use, promotion, and sales of the Product. Termination or expiration of these Terms shall not affect any rights or obligations that:
(a) Are meant to survive termination (including but not limited to indemnification and limitations of liability).
(b) Have accrued prior to such termination.

4. PAYMENT

In full consideration of the Company’s performance, obligations, and the rights granted herein, Licensee agrees to either:
(1) Pay in full in the amount of $497.00 at the time of registration; or
(2) Pay in three monthly installments in the amount of $185.00 per installment, with the first installment paid at the time of registration. Licensee may choose to finance payments through third-party companies such as After Pay or Klarna.

All payments made by Licensee to the Company are non-refundable. If Licensee elects to pay in monthly installments, payment shall be automatically collected by the Company on a monthly basis. If Licensee elects to pay in monthly installments, Licensee may not terminate or cancel any future payment obligations. Licensee hereby authorizes the Company to maintain Licensee’s account and payment information and charge that account automatically in accordance with these Terms. Due to the nature and immediate access to the Product, if Licensee discontinues use of the Product, Licensee hereby agrees to remain responsible for all outstanding payments for the remainder of the Term.

Payment will be collected by the Company via credit card and through the Company’s website. Licensee hereby gives the Company authorization to charge its credit/debit card on file for any outstanding fees. Payment failure will result in termination of the license granted herein, effective immediately. Licensee agrees and warrants that all payment instruments, credit cards, and related information, such as billing address, used in connection with Licensee’s purchase of the Product are correct, and that Licensee is authorized to use such payment instrument.

5. LATE FEES

If the Company does not receive payment from Licensee within fourteen (14) calendar days of any payment date, then Licensee will be charged a late fee of 1.5% of the outstanding amount per each day that payment is overdue.

6. CHARGEBACKS

Licensee agrees to make every attempt to file for a refund prior to attempting a chargeback with a financial institution. Licensee will remain responsible for amounts due pursuant to these Terms in the event Licensee disputes payment with a financial institution. In the event of a chargeback attempt, Licensee expressly agrees to forfeit any and all intellectual property licenses and/or deliverables afforded to Licensee in exchange for the purchase of the Product. The Company reserves the right to present proof of purchase and these Terms to the financial institution investigating the dispute.

7. PRODUCT LICENSE

By purchasing the Product, and only after the Product purchase price is paid in full unless otherwise provided herein, Licensee is granted a non-exclusive license to resell access to the Product to others with Resell Rights. Resell Rights allow the right to resell access to a certain product while retaining the profit from sales. This license does not include any rights to the use or incorporation of the Company’s videos within the online course.

This license extends only to the files and text which are included in the Product. If Licensee desires to incorporate videos with its online course, Licensee must create and incorporate its own videos. Rebranding the Product is strictly prohibited. Subsequent to the Company’s receipt of full payment from Licensee for the Product in the amount of $497.00 or if Licensee opts to make monthly payments to the Company through third-party companies such as After Pay or Klarna, Licensee may sell access to the Product as many times as desired and retain the profits.

Licensee is not permitted to modify or alter the product in any way, shape, or form unless expressly provided herein. Licensee is permitted to brand its own sales process and claim ownership over such sales process but is not permitted to use the Company’s branding or intellectual property for any purpose.

8. INTELLECTUAL PROPERTY

All copyrights, patents, trademarks, trade secrets, and other intellectual property rights in the Product are and shall remain the sole and exclusive property of Rooted in Radiance. Licensee is granted a non-exclusive, non-transferable, revocable right to resell access to the Product in accordance with these Terms. These Terms do not convey to the Licensee any rights of ownership in or related to the Product, or any intellectual property rights owned by the Company.

9. LICENSE RESTRICTIONS

Licensee shall not modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise tamper with the Product. Licensee shall not:

1. Sell portions of the Product.

2. Rename the Product.

3. Change material within the Product.

4. Change the creator of the Product.
   Licensee shall not claim ownership of the Product copyright.

10. RESELLING RESTRICTIONS

Licensee may resell access to the Product to end users without transferring the Master Resell Rights. Reselling to other resellers is permitted under these Terms, provided Licensee ensures that all customers adhere to these Terms. Licensee is not permitted to give away the Product for free or as part of a free bundle.

11. MARKETING RESTRICTIONS

Any marketing or promotional activities conducted by the Licensee must accurately reflect the Product's purpose and capabilities. Marketing under false pretenses, misrepresentation, or any form of deceptive practice is strictly prohibited.

12. PAYMENT PLATFORMS

Licensee acknowledges and agrees to use third-party payment platforms for the sale and distribution of the Product. The Company is not responsible for any aspect of these payment platforms, including their availability, accuracy, or reliability.

13. MINIMUM SALE PRICE

The minimum sale price for the Product shall be $497.00. Licensee must maintain this minimum price and is permitted to offer gifts or bonuses only as long as these do not function as discounts below the minimum price.

14. AGREEMENT MODIFICATION

These Terms constitute the complete and exclusive agreement between the Licensee and the Company. Licensee may not modify or amend these Terms without written consent from the Company.

15. REFUND POLICY

Due to the nature of the Product as a digital item, all sales are final and non-refundable. Licensee must clearly communicate this return policy to customers before the sale of the Product.

16. CONFIDENTIAL INFORMATION

Licensee may have access to confidential and proprietary information from the Company. Licensee agrees not to disclose or disseminate this information without prior written consent from the Company.

17. AUDIT RIGHTS

The Company reserves the right to audit the Licensee's use, sale, and distribution of the Product to ensure compliance with these Terms.

18. INDEMNIFICATION

Licensee agrees to indemnify, defend, and hold harmless the Company from any claims, damages, or liabilities arising from the Licensee’s breach of these Terms or unauthorized use of the Product.

19. LIMITATION OF LIABILITY

The Company is not liable for any indirect, incidental, or consequential damages arising from the use of the Product, beyond the purchase price of $497.00.

20. REVOCATION OF LICENSE

Violation of these Terms will result in the immediate revocation of the Licensee's rights to use, sell, or distribute the Product.

21. ELECTRONIC COMMUNICATIONS

By using the Product, the Licensee consents to receive electronic communications, including agreements, notices, and updates related to the Product.

22. FORCE MAJEURE

The Company shall not be held responsible for delays or failures resulting from events beyond its reasonable control, including natural disasters or government orders.

23. PRIVACY

The Licensee’s use of the Product is governed by the Company’s Privacy Policy, which protects any information provided in connection with the purchase or use of the Product.

24. WARRANTIES DISCLAIMER

The Product is provided "as is," without warranties of any kind, express or implied.

25. EARNINGS DISCLAIMER

The Company makes no guarantee of success or earnings from the use of the Product. Individual results may vary.

26. TECHNOLOGY DISCLAIMER

The Company makes reasonable efforts to provide modern, reliable technology to Licensees. However, the Company is not responsible for any technological failures, including, but not limited to, server downtime, software bugs, or other errors.

The Company does not guarantee that all information provided in connection with the Product is completely accurate, complete, or up-to-date, and disclaims liability for any such errors or omissions.

27. WARRANTIES AND REPRESENTATIONS

The Parties represent and warrant that:

1. Each Party is free to enter into and agree to these Terms without violating any other agreements.

2. Each Party is at least 18 years of age at the time of entering into this agreement.

28. ASSUMPTION OF RISK

By purchasing, using, and reselling access to the Product, Licensee assumes all risks associated with its use. The Company is not responsible for any outcomes resulting from Licensee’s actions based on the informational or educational materials provided.

29. WAIVER

The failure of the Company to enforce any provision of these Terms shall not constitute a waiver of the Company’s right to enforce that provision or any other provision at a later time. Any waiver must be in writing to be effective.

30. LIMITATION ON TIME TO FILE CLAIMS

Any cause of action or claim arising out of or relating to these Terms or the Product must be commenced within one (1) year after the cause of action accrues. After this period, such claims are permanently barred.

31. SEVERABILITY

If any portion of these Terms is found to be invalid or unenforceable, the remaining portions will remain in full force and effect. The invalid or unenforceable portions will be interpreted to reflect the intent of the original provision as closely as possible.

32. NOTICES

All notices, claims, and demands under these Terms must be in writing and addressed to the Company at the following contact information:

Rooted in Radiance
Attention: Monica
Monicarachel32@gmail.com

A notice will be effective only if it complies with the requirements of this Section.

33. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the [State of Registration], without regard to its conflict of law provisions.

34. MEDIATION

In the event of a dispute between the Parties arising out of or related to these Terms, the Parties agree to attempt to resolve the dispute through mediation. Mediation will take place in [State of Registration] or remotely via Zoom.

The costs of mediation will be split equally between the Parties. If mediation fails to resolve the dispute, either Party may pursue legal proceedings.

35. JURISDICTION AND VENUE

If the Parties are unable to resolve a dispute through mediation, any legal action must be filed in a court of competent jurisdiction in the state or federal courts of Florida. The Parties irrevocably submit to the exclusive jurisdiction of such courts.