Terms & Conditions
The following Terms and Conditions are entered into by and between You (“Client” or “You”) and “Come Along With Pong” (“Company”, “we”, “our” or “us”).
Your access to and use of www.comealongwithpong.com, comealongwithpong.mykajabi.com, any other Come Along With Pong website or social media (“Website” or “Site”) is conditioned to you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference. These terms apply to all visitors, users and others who access or use the “Website”.
Prior to Your use of any of the offerings provided by Company (as defined and outlined below within this Agreement) and prior to your purchase and your request for any services herein, You are required to read, understand and accept these terms. Prior to purchase, you will be required to confirm that You have read and reviewed and accept this Agreement by checking the box which states “I have read and reviewed the Terms of Service and agree to be bound by them.” Your checking of this box shall be construed as your digital signature and voluntary acceptance of these terms.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
Upon registering, Company agrees to provide you with access to the specified product and service (“Program”). As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
By placing an order for products and services from this website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions.
You may not order or obtain products or services from this website if you a) do not agree to these terms, b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Company or (c) are prohibited from accessing or using this website or any of this website’s contents, goods or services by applicable law.
Nature of The Relationship
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
In exchange for Company’s Program, You agree to pay Company the following fees (“fees” or “investment”) that are stated upon checkout.
In consideration of Your access to the Program, you agree to pay the investment in full. Upon checkout, you agree to be charged automatically the stated amount (“Auto Charge”). If you choose to do a payment plan, you must pay the initial payment at checkout and then your selected payment method will be automatically charged the following month(s), for however many months specified upon purchase. By signing up for the payment plan, you also agree to pay your balance in full by the date specified on your payment plan until your payment plan is complete, as set forth by way of your acceptance of the purchase terms upon checkout. If you opt for monthly payments, you will remain responsible for those payments. You may not cancel or avoid these payments. In the event that any payment is not made, the Company shall immediately suspend your access to the Program.
You also acknowledge that the credit card(s) or payment method(s) you use to purchase any payment plan for the Program will be active, valid and have sufficient funds available during the entire term of the payback period. If for any reason your payment is declined, you agree to provide an alternative, valid payment method. If your credit card or payment method cannot be charged on the date specified by Come Along With Pong reserves the right to revoke your access to the Program.
Come Along With Pong reserves the right to report delinquent payments to credit agencies and collections agencies, including reasonable attorney’s fees.
In the case of a payment or Auto Charge transaction being rejected for insufficient funds (“NSF”), You agree that Company may at its discretion attempt to process the charge again within 30 calendar days of the failed attempt, and agrees to an additional $100 charge for each attempt returned NSF which will be initiated as a separate transaction from the authorized payment. You certified that You are an authorized user of the Account and will not dispute the scheduled transactions with Your credit card company; provided the transactions correspond to the terms indicated herein.
You agree that you are financially willing and able to invest in this Program by choice, and that by so doing, you are not incurring any economic hardship in any way.
Payment Plan Authorization
If You elect for the payment plan, You hereby authorize the Company to charge your credit card, debit card, or other payment methods automatically according to the terms set forth in the Fees section above. No prior notification will be provided to You for each Auto Charge. This authorization will remain in effect until the fees are paid in full.
Please make sure You fully want the Program before purchasing. Upon purchase, refunds will not be issued. All sales and transactions are final. All payments are non-refundable and you are responsible for full payment of the fees for the Program regardless if you complete or access the Program.
We will do everything within our ability (and within reason) to ensure your satisfaction. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Company at Kimberly@comealongwithpong.com.
Revocation of Access
You have the unilateral right to terminate your use and access to any of the aforementioned Programs, however, your unilateral termination will not excuse you of further payment. If you have violated any of the terms stated herein, Come Along With Pong reserves the right to revoke access to the program immediately.
Credit Card Chargebacks
You understand and agree that in the event that you initiate a chargeback and/or merchant dispute with your issuing bank for any program or service available from Come Along With Pong that you have in fact received and owe payment for, and you are successful in recovering the disputed funds that would otherwise be owed to us, we will make every effort to provide documentation to the issuing bank that you did receive delivery of your products including this Chargeback Policy, as well as our Refund Policy and Fees Policy.
Further we reserve the right to issue you an invoice for any and all products and Programs that Come Along With Pong has sold and delivered to you. You hereby agree to pay the full invoice in the event that a chargeback dispute is initiated. Should you ultimately fail to make appropriate payment, we reserve the right to pursue any and all available legal and equitable remedies available by law.
Access To Program – The Company shall maintain a Program Area that you can access your purchased Program. In the event that Company intends to close the Program Area, it shall provide clients with sixty (60) days’ notice.
Bonuses – From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of registration. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year.
Ownership OF All Intellectual Property
All content included as part of the Program, such as text, slides, support documents, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
Your participation in the Program does not result in a transfer of any intellectual property to you, and, as a condition of participation in the Program, 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 Program 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 Program.
The Company content is not for resale. Your participation in the Program 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 the 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 the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately and you shall not be entitled to a refund of any portion of the fees.
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, its owners and employees, and other Program participants.
By participating in the Program, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Program or not. The Company provides educational and informational resources that are intended to help participants in the Program 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 the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles included in the Program are no guarantee that you or any other person or entity 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 in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Program.
To use certain features of the site, you will need a username and password, which you will receive through the site’s registration process for some Programs. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Materials Provided By You During The Program
The Company does not claim ownership of the information or materials You may provide regarding the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
In other words, the Company has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Program – in the Program and other marketing material going forward.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
The Company makes no warranties regarding the performance or operation of the Program, including any technological aspects of the program. The 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 Program. To the fullest extent permissible under the law, the 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 the 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 use of the Program and/or any information and resources contained in the Program. You agree that the 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 the Program.
The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.
The 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 the Program 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. The 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 the 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 the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the 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 Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Danville, CA. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend, and hold harmless the 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 Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The 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 the Company in asserting any available defenses.
If there is a dispute between us, you agree to not publicly or privately make any negative or critical comments about the Program, my business or me, or to communicate with any other individual, company or entity in a way that disparages the Program or harms my reputation in any way, including on social media. In arbitration or when required by law, of course, you are not prohibited from publicly sharing your thoughts and opinions.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
If any term or provision of this Agreement is 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 this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement 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.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the 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.
Links to Other Sites
This Agreement shall commence and be enforceable with respect to each Program participant upon the date that the participant initially registers for the Program.
Come Along With Pong welcomes your questions or comments regarding the Terms:
Come Along With Pong
PO Box 2352
Danville, CA 94526
Email Address: email@example.com
Last Updated: April 7, 2023