For good and valuable consideration of fifty-nine U.S. dollars ($59) Client has agreed to purchase a monthly subscription to Movimiento Red (hereinafter “Movimiento Red”). In exchange, Arias Group agrees to provide the services outlined in the Membership Site Details below, and Membership Site Addendum attached hereto.
1. Membership Site Outline:
Client agrees and understands that he/she is purchasing a monthly subscription to Movimiento Red, a women entrepreneur training membership.
Client acknowledges that he/she has read the Membership Site Addendum and conducted any additional research necessary to feel he/she understands what is being provided in Movimiento Red as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Tatiana Arias website www.tatianaarias.com.
Movimiento Red is not to be considered a substitute for personalized business, medical, or legal advice. Movimiento Red is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe you may be in need of personalized attention, whether for your business, health, or otherwise, please seek additional assistance outside Movimiento Red.
Should Client breach this provision and disclose confidential or proprietary information belonging to Arias Group or another participating in Movimiento Red, Client understands additional action may be taken by Arias Group up to and including legal action.
Arias Group may request Client provide a testimonial to be published on Tatiana Arias’s website, or on various sales materials for Movimiento Red or another Program created by the Arias Group. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between the Arias Group and Client if Client refuses a testimonial.
If Client accepts and provides the Arias Group with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Tatiana Arias’s website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming same, and confirming the Arias Group’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting the Arias Group an unlimited, irrevocable license in perpetuity to use, publish, distribute, or re-purpose any information provided to the Arias Group as part of a Testimonial.
4. Payment and Payment Plans
If purchased on a MONTHLY basis: Client understands the cost of Movimiento Red is fifty-nine U.S. dollars ($59) which is payable each month, and charged automatically, in accordance with the Auto-Renewal Terms outlined below in paragraph five (5). Client understands he/she is responsible for the full payment each month if he/she does not cancel in accordance with the terms below, and agrees to pay the sum requested electronically, via the Arias Group’s website or a designated third-party payment processor of the Arias Group’s choosing, in full. If Client has joined Movimiento Red during a promotional period and has been promised a trial period that is less than the amount outlined above, Client understands that after such trial period, the monthly amount due and payable is subject to increase.
If purchased via the SIX-MONTH OPTION: Client understands the cost of Movimiento Red is three hundred forty-seven U.S. dollars ($347) payable each 6-month period, and charged automatically, in accordance with the Auto-Renewal Terms outlined below in paragraph five (5). Client understands he/she is responsible for the full payment each period if he/she does not cancel in accordance with the terms below, and agrees to pay the sum requested electronically, via the Arias Group’s website or a designated third-party payment processor of the Arias Group’s choosing, in full. If Client has joined Movimiento Red during a promotional period and has been promised a trial period that is less than the amount outlined above, Client understands that after such trial period, the amount due and payable is subject to change.
If purchased on an ANNUAL basis: Client understands the cost of Movimiento Red is five hundred ninety-seven U.S. dollars ($597) payable annually, and charged automatically every year on the purchase date, in accordance with the Auto Renewal Terms outlined below in paragraph five (5). Client understands he/she is responsible for the full payment each year if he/she does not cancel in accordance with the terms below, and agrees to pay the sum requested electronically, via the Arias Group website or a designated third-party payment processor of the Arias Group’s choosing. If Client has joined Movimiento Red during a promotional period and has been promised a trial period that is less than the amount outlined above, Client understands that after such trial period, the amount due and payable is subject to change.
Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) Client’s access to Movimiento Red may be forfeited if payment is not made within five (5) days of the date it is due, and (2) Client will owe a fifteen $15 late fee if he/she has not made the appropriate payment after the five (5) day grace period.
The Arias Group reserves the right to cancel Client’s access to Movimiento Red should he/she fail to make additional payments in accordance with the Auto-Renewal Terms as outlined below. Should this occur, Client understands she is not entitled to a refund of funds already issued to the Arias Group for access to Movimiento Red.
5. Auto-Renewal Agreement
CANCELATION POLICY: If Client wishes to cancel his or her membership, Client must do so more than 24 hours before the charge is scheduled to withdraw. Any requests for cancelation made less than 24 hours before the automatic renewal is scheduled to charge Client’s card, or made subsequent to the charge, will take effect the following month.
HOW TO CANCEL: In order to cancel a membership, Client must send an e-mail to firstname.lastname@example.org with the subject line MEMBERSHIP CANCELATION, including the Client’s name, email address, and confirmation of request to terminate his or her membership. Client will be notified upon the Arias Groups’s receipt of email, and his or her membership will subsequently be canceled prior to the following billing period, assuming it is more than 24 hours away.
As outlined above, if Client cancels his or her membership less than 24 hours before the automatic renewal is scheduled to charge Client’s card, Client acknowledges and agrees he or she will be charged for the next month, and the cancelation will take effect following this. Should this occur, Client will have access to Movimiento Red for the period in which Client paid, with membership terminating at the end of the last paid month.
IF Client purchased access to Movimiento Red during a period in which a free month(s), or trial period was granted, Client understands he or she will be automatically charged the full amount as applicable, following the end of the trial period. Client will not be given any additional notice regarding the end of the trial period, other than the email as outlined above, notifying Client that his or her card will be charged in the near future for the following month.
By checking the box on the purchase page confirming your agreement to these Terms, you also confirm you are given your unequivocal, clear, affirmative consent to your agreement with these automatic renewal terms, the cancelation policy, and that you understand how to cancel before your card is charged for the following month.
6. Refund Policy
The Arias Group is not able to offer refunds once Client has purchased access to Movimiento Red. If Client is dissatisfied with his or her membership, he or she may elect to Cancel via the CANCELATION POLICY outlined above in paragraph five (5), and will not be charged for subsequent months.
Client further agrees and understands that changing his/her mind about Movimiento Red, failing to follow through or understand the details of Movimiento Red, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle her to a refund.
The Arias Group is not responsible for any specific technology Client may need in order to adequately view and utilize Movimiento Red. Client’s inability to access Movimiento Red due to a technology issue on Client’s end does not qualify Client for a refund, nor does it alleviate Client of his or her responsibility to make monthly payments, unless or until Client’s membership is properly canceled in accordance with the cancelation policy in paragraph five (5).
8. Disclaimer – Not Medical or Professional Advice
The purpose and goal of Movimiento Red is to provide Client with visual, written, and telephonic resources, support, community, and other similar resources to aid Client in starting and growing a business. Movimiento Red and content contained within Movimiento Red is not to be considered personalized business, medical, legal, or financial advice, and nothing within Movimiento Red is intended to provide or act as a substitute for mental health treatment.
The Arias Group encourages Client to consult the relevant professional needed if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase access to Movimiento Red will have done any additional research necessary and has concluded that Movimiento Red offered is right for them.
9. Voluntary Participation
Client understands and agrees that he/she is voluntarily choosing to enroll in Movimiento Red and is solely responsible for any outcomes or results. While The Arias Group believes in the services offered, Client acknowledges and agrees that the Arias Group is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Movimiento Red and any results therein.
10. Disclaimer /No Guarantees
While many of the Arias Group’s past and current clients have experienced wonderful benefits from the content contained in Movimiento Red, the Arias Group cannot guarantee results from any of the content within Movimiento Red, and cannot make any representations or guarantees regarding individual results. Client will hold the Arias Group, Tatiana Arias, and all other affiliates harmless if he or she does not experience the desired results.
Client understands that all services provided by Movimiento Red, Tatiana Arias, and the Arias Group in connection with Movimiento Red being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase access to Movimiento Red and work with the Arias Group on a purely voluntary basis and does not hold the Aras Group responsible should Client become dissatisfied with any portion of Movimiento Red.
Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of his/her participation in Movimiento Red, as long as Movimiento Red is delivered as described in the Addendum below.
Client also agrees to hold the Arias Group and Tatiana Arias harmless should any physical, emotional, or financial injury occur as a direct or indirect result of Movimiento Red. The content provided by Tatiana Arias and The Arias Group on its website and within Movimiento Red is comprised of information that has worked for the Arias Group and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands the Arias Group cannot guarantee results from Movimiento Red, and has no expectation of a specific result that he or she holds the Arias Group responsible for.
Client also understands he or she is purchasing Movimiento Red and participating freely and voluntarily. The information contained within Movimiento Red may not be suitable for all persons and all business levels, and Client understands he or she may need to modify, edit, or change some of the educational lessons within Movimiento Red in order to make it applicable to Client’s business.
11. Intellectual Property
Client agrees and understands that the Arias Group has created numerous original, creative works in connection with Movimiento Red, and agrees that the Arias Group maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in Movimiento Red, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by the Arias Group and/or Tatiana Arias. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business but understands that the original proprietary rights remain with the Arias Group. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of Movimiento Red.
Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided or obtained through working with Movimiento Red, without Tatiana Arias’s express written consent. If such behavior is discovered or suspected, the Arias Group reserves the right to immediately end Client’s participation in Movimiento Red without refund, as well as access to any Movimiento Red materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
Licensee Rights: the Arias Group’s Limited License to Client: Client understands that in purchasing access to Movimiento Red, she/he is gaining access to view all content and information available as part of Movimiento Red. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to use the information provided as instructed or allowed by the Arias Group. As a “Licensee,” Client understands and agrees that Client will not:
A. Copy, edit, distribute, duplicate or steal any information or any Content obtained through Movimiento Red without written permission by Arias Group;
B. Post, distribute, copy, steal or otherwise use any portion of Movimiento Red or its content, or information obtained via other members in Movimiento Red without written permission by Tatiana Arias, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
C. Claim any content created for Movimiento Red or otherwise given to Client is his/her own, meaning he/she cannot claim any content created was Client’s work, and use in his/her business as his/her own.
D. Share purchased materials, information, content with others who have not purchased them.
E. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
Client agrees at all times to defend, fully indemnify and hold the Arias Group, Tatiana Arias and any affiliates, agents, team members or other party associated with them harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Movimiento Red, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Movimiento Red. Should the Arias Group be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit the Arias Group’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by the Arias Group, free of charge.
13. Dispute Resolution
Should a dispute arise between the Arias Group and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold the Arias Group responsible for any specific results, or those results which have been achieved by other clients.)
If unable to reach a resolution informally, Client and the Arias Group agree that all disputes will be submitted for Arbitration by Georgia Law to be completed in Atlanta, Georgia, within a reasonable amount of time. The parties agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
14. Applicable Law
This Agreement shall be governed by and under control of the laws of Atlanta, Georgia regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Atlanta, Georgia are to be applicable here.
This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Tatiana Arias for the Arias Group, or a party authorized to sign on behalf of either party.
MOVIMIENTO RED MEMBERSHIP OUTLINE ADDENDUM
Client understands, acknowledges, and agrees he/she is purchasing a subscription to Movimiento Red. While the below is subject to change, at the time of purchase, Movimiento Red includes access to the following:
1. One group session live per month, that outlines guidelines for Client’s venture; strategies and planning month by month so Client is always moving forward. Client will have the opportunity to establish goals and create an action plan to achieve it.
2. 1 live Q&A session per month, to help Client implement, take action, and come to this session to solve any issues getting in the way.
3. Monthly prizes, including a monthly mentoring session raffled off each month.
4. Access to formats, audios, and videos that will support Client’s process.
5. Access to package of affirmations and aformations aimed at manifesting what Client wants to achieve.
6. Exclusive access to the members-only Facebook group of Movimiento Red.
7. Access to “Mentoring in Productivity,” a set of eight (8) audios to help with clarity, energy, productivity, influence, psychology, persuasion, and momentum
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