FLOURISH & THRIVE, LLC
TERMS OF PUR CHASE
BY PURCHASING THIS PROGRAM YOU (HEREIN REFERRED TO AS
“CUSTOMER”) AGREE TO THE FOLLOW TERMS STATED HEREIN.
Company agrees to provide Diamond Insiders Club (herein referred to as “Program”).
Customer agrees to abide by all policies and procedures as outlined in this agreement as a
condition of their participation in the Program.
The Program offered on an “as is,” “where is,” and “where available” basis, with no
warranty of any kind — whether express, implied, or statutory — including, but not limited to,
warranties of title or the implied warranties of merchantability or fitness for a particular purpose.
This does not affect those warranties that are incapable of exclusion, restriction, or modification
under the laws applicable to this agreement.
Customer acknowledges that neither Company, its affiliates, nor any of their respective
employees, agents, third parties, or licensors warrant that the Program will be uninterrupted or
error free; nor do they make any warranty as to the results that may be obtained from use of the
Program, or as to the timeliness, sequence, accuracy, reliability, completeness, or content of any
information or service provided through the Program.
Customer understands that Company does not offer any representations, warranties, or
guarantees, verbally or in writing, regarding your earnings, business profit, marketing
performance, audience growth or any results of any kind. Customer agrees that its results are
dependent on various factors including but not limited to, skill, knowledge, ability, dedication,
business acumen, and finances and in no way dependent on any information Company provides
Except as specifically provided in this agreement or where the law requires a different standard,
you agree that Company is not responsible for any loss, property damage, or bodily injury,
caused by use of the Program. To the maximum extent permissible under applicable law,
Company will not be responsible to Customer or any third party claims through Customer for
any direct, indirect, special or consequential, economic or other damages arising in any way out
use of the Program.
3. Program Structure
The Program shall include:
• Monthly Question and Answer Calls with Tracy Matthews, Robin Kramer, and
• Monthly Guest Interviews with industry professionals, sales representatives, store
owners, buyers, and designers
• Access to an ExclusiveCommunity
• Daily Community Engagement with our Community Leaders
• Access to monthly focused trainings
• A chance to win a Designer Makeover once per month.
Program shall be one (1) month in length (herein referred to as “Commitment Period”).
Program shall automatically renew after the end of the commitment period. Automatic renewal
shall continue indefinitely until Customer provides thirty (30) days notice of cancellation.
Customer will be automatically charged one payment of $49 USD today and then the
$49 USD membership fee every 30 days.
6. Method of Payment
Customer shall pay by Visa or MasterCard. Customer authorizes the Company to charge
recurring monthly payments to Customer’s Visa or MasterCard.
7. Refund Policy
Customer shall be responsible for full payment of fees for each month of the Program up
to thirty (30) days after Customer provides Company a notice of cancellation. Customer
understands that fees are non-refundable.
The Company respects Customer’s privacy and insists that Customer respects the
Company’s. Thus, consider this a mutual non-disclosure agreement. Any Confidential
Information shared by any representative of the Company or any other Program participant is
confidential, proprietary, and belongs solely and exclusively to the Party who discloses it. All
Parties agree not to disclose, reveal or make use of any Confidential Information or any
transactions, during discussions, calls or otherwise.
Customer agrees not to use such confidential information in any manner other than in discussion
with the Company or any other participants during the Program. Confidential Information
includes, but is not limited to, information disclosed in connection with this Agreement, and
shall not include information rightfully obtained from a third party.
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All Parties will keep Confidential Information in strictest confidence and shall use the best
efforts to safeguard the Confidential Information and to protect it against disclosure, misuse,
espionage, loss andtheft.
Further, Customer agrees that if they violate or display any likelihood of violating this section
the Company will be entitled to injunctive relief to prohibit any such violations to protect against
the harm of such violations.
9. Non-Disclosure of Materials
Material given to Customer in the course of Customer’s work with the Company is
proprietary, copyrighted and developed specifically for Company. Customer agrees that such
proprietary material is solely for Customer’s own personal use. Any disclosure to a third party is
10. No Transfer of Intellectual Property
Company's Program is copyrighted and the original materials that have been provided to
Customer are for Customer's individual use only and a single-user license. Customer is not
authorized to use any of Company’s intellectual property for Customer's business purposes. All
intellectual property, including Company's copyrighted Program and/or course materials, shall
remain the sole property of the Company. No license to sell or distribute Company's materials is
granted or implied.
Customer agrees that if Customer violates, or displays any likelihood of violating, any of
Customer’s agreements contained in this paragraph, the Company will be entitled to injunctive
relief to prohibit any such violations and to protect against the harm of such violations.
11. Custome rResponsibility
Customer accepts and agrees that Customer is fully responsible for their progress and
results from the Program. Company will help and guide Customer however, participation is the
one vital element to the Program’s success that relies solely on Customer. Company makes no
representations, warranties or guarantees verbally or in writing regarding Customer’s
performance. Customer understands that because of the nature of the Program and extent, the
results experienced by each Customer may significantly vary. By signing below, Customer
acknowledges there is no guarantee that Customer will reach their goals as a result of
participation in the Program.
12. Force Majeure
In the event that any cause beyond the reasonable control of either Party, including
without limitation acts of God, war, curtailment or interruption of transportation facilities, threats
or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it
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inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of
injury, for either Party to perform its obligations under this Agreement, the affected Party’s
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performance shall be extended without liability for the period of delay or inability to performdue
to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the
remaining provisions shall nevertheless continue in full force. The failure of either Party to
exercise any right provided for herein will not be deemed a waiver of that right or any further
A) Limitation Of Liability. Customer agrees they used Company’s Program at their own risk
and that Program is only an educational service being provided. Customer releases
Company, its officers, employers, directors, and related entities from any and all damages
that may result from any claims arising from any agreements, past or present, between the
parties. Customer accepts any and all risks, foreseeable or unforeseeable.
Customer agrees that Company 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 Company’s Program
or enrollment in the Program. Customer knowingly, voluntarily, and expressly, waives any claim
for damages including but not limited to; injury or death Customer may sustain as a result of
participating in this Program.
Customer further declares and represents that no promise, inducement or agreement not herein
expressed has been made to Customer to enter into this release. The release made pursuant to this
paragraph shall bind Customer’s heirs, executors, personal representatives, successors, assigns,
B) Non-Disparagement. In the event that a dispute arises between the Parties, the Parties
agree and accept that the only venue for resolving such 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. The
Parties agree that neither 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, each other or
any of its Programs, members, owner directors, officers, Affiliates, subsidiaries, employees,
agents or representatives.
C) Assignment. This Agreement may not be assigned by the Customer. This Agreement
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shall be binding upon and inure to the benefit of the parties hereto, their respective heirs,
executors, administrators, successors and permitted assigns. Waiver of any breach or the
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to enforce any provision hereof shall not constitute a waiver of that or any other provision in any
D) Termination. Company is committed to providing all Customers in the Program with a
positive Program experience. Customer agrees that the Company may, at its sole discretion,
terminate this Agreement, and limit, suspend, or terminate Customer’s access to Program
without refund or forgiveness of monthly payments upon violation of the terms as
determined by Company. Customer will still be liable to pay the total contract amount.
E) Indemnification. Customer shall defend, indemnify, and hold harmless Company,
Company’s officers, employers, employees, contractors, directors, related entities, trustees,
affiliates, and successors from and against any and all liabilities and expense whatsoever –
including without limitation, claims, damages, judgments, awards, settlements,
investigations, costs, attorneys fees, and disbursements – which any of them may incur or
become obligated to pay arising out of or resulting from the offering for sale, the sale, and/
or use of the Program(s), excluding, however, any such expenses and liabilities which may
result from a breach of this Agreement or sole negligence or willful misconduct by
Company, or any of its shareholders, trustees, affiliates or successors. Customer shall
defend Company in any legal actions, regulatory actions, or the like arising from or related
to this Agreement. Customer recognizes and agrees that all of the Company’s
shareholders, trustees, affiliates and successors shall not be held personally responsible or
liable for any actions or representations of theCompany.
F) Resolution of Disputes. If not resolved first by good-faith negotiation between the parties,
every controversy or dispute relating to this Agreement will be submitted to the American
Arbitration Association. All claims against Company must be lodged within 100-days of
the date of the first claim or otherwise be forfeited forever. The arbitration shall occur
within ninety (90) days from the date of the initial arbitration demand. The parties shall
cooperate to ensure that the arbitration process is completed within the ninety (90) day
period. The parties shall cooperate in exchanging and expediting discovery as part of the
arbitration process. The written decision of the arbitrators (which will provide for the
payment of costs) 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 a decree in equity, as circumstances may indicate. In disputes
involving unpaid balances on behalf of Customer, Customer is responsible for any and all
arbitration and attorney fees.
G) Equitable Relief. In the event that a dispute arises between the Parties for which
monetary relief is inadequate and where a Party may suffer irreparable harm in the absence
of an appropriate remedy, the injured Party may apply to any court of competent
jurisdiction for equitable relief, including without limitation a temporary restraining order
H) Notices. Any notices to be given hereunder by either Party to the other may be effected
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by personal delivery or by mail, registered or certified, postage prepaid with return receipt
requested. Notices delivered personally shall be deemed communicated as of the date of
actual receipt; mailed notices shall be deemed communicated as of three (3) days after the
date of mailing. For purposes of this Agreement, “personal delivery” includes notice
transmitted by fax or email. Email: firstname.lastname@example.org
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I) Entire Agreement. This Agreement constitutes and contains the entire agreement between
the parties with respect to its subject matter, supersedes all previous discussions,
negotiations, proposals, agreements and understandings between them relating to such
subject matter, and may not be modified, amended, or discharged, nor may any of its terms
be waived, except by an instrument in writing signed by both parties induplicate.
J) Controlling Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of New York, United States of America.
BY CLICKING “ACCEPT”, I HAVE READ AND AGREE TO THE WORKING