Terms of Use

1. THE PROGRAM

The Program is a self-study online course to educate designers on how to build a sustainable design business. The Company provides Participant access to The Program for as long as The Program exists.

2. PROGRAM FEE AND PAYMENT SCHEDULE

a. Program Fee

The Fee for the Program is $1,197 if Participant pays in full at time of signing this Agreement or $1,485 if Participant chooses the Payment Plan option (“Program Fee”). The Program Fee includes:

-Access to online portal of modular trainings;

-Access to private Facebook group for Program participants.

b. For Participants Selecting the Payment Plan

Within two (2) calendar days of being notified by Company of acceptance into the Program, Participant must make an Initial Payment of $297 to the Company (“Initial Payment”). Failure to pay the Initial Payment by the foregoing deadline will result in Participant forfeiting his/her admission into the Program. The remaining balance of $1,188 must be paid within 4 months of paying the Initial Payment to the Company.

Participant authorizes Company to automatically charge the credit card on file for any and all Program Fee balances owed and agrees to keep this information current with the Company. If any payment is insufficient or declined for any reason, Company may remove Participant from the Program and shall have no liability in that regard.

d. No Refunds

Refunds of the Program Fee are not available. Participant agrees to make timely and full payments of the Program Fee to the Company even if Participant is unable to attend trainings, calls or otherwise fully participate in the Program.

e. Chargeback policy

Participant understands and agrees that in the event Participant initiates a chargeback and/or merchant dispute with their issuing bank for the services they have received and in fact owe payment for, and Participant is successful in recovering the disputed funds that would otherwise be owed to the Company, the Company will make every effort to provide documentation to the issuing bank that Participant did receive any and all access to the Program, including this policy.

Further, the Company reserves the right to issue an invoice to Participant for any and all access to the Program that Quixotic Design Co. has sold and delivered to Participant. Participant hereby agrees to pay the invoice in full in the event that a chargeback dispute is initiated. Should Participant fail to make appropriate payment, Quixotic Design Co. shall pursue any and all available legal and equitable remedies available by law.

3. PARTICIPANT’S CONDUCT

Participant assumes all risk and/or liability that may arise or be incurred while participating in this Program.

Participant agrees to conduct him/herself in a dignified and professional manner and shall not engage in any activity that is detrimental to the health, safety and welfare of other Program participants and attendees.

Participant acknowledges and agrees that Company reserves the right to remove Participant from the Program, without reimbursement, if Company, in its sole discretion, determines that Participant’s behavior creates a disruption or hinders the Program or the enjoyment of the Program by other participants.

The Program may only be accessed by the Participant - the individual who is the customer on record with the Company. The Program, including any usernames, passwords, discount codes, content, materials, other resources may only be used by Participant as permitted herein and may not be sold or distributed without the Company’s express written consent.

4. CONFIDENTIALITY

Participant understands that given the group format of this Program, information provided or shared with the Company or other participants, whether in the form of comments, discussions in Program related forums, coaching calls, webcasts, or otherwise are not confidential.

5. RELEASE

Participant agrees that the Company may use any written statements, images, audio recordings or video recordings of Participant obtained while enrolled in the Program. This includes any content Participant may publish to social media accounts and online forums as well as any statements, images or recordings, captured about Participant’s participation in the Program.

Participant waives any right to payment, royalties or any other consideration for Company’s use of such written statements, images, audio recordings and video recordings and Participant waives the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which Participant, their heirs, representatives, executors, administrators, or any other persons acting on Participant’s behalf or on behalf of the Participant’s estates have or may have by reason of this authorization.

6. INTELLECTUAL PROPERTY

All intellectual property rights in and to the Program, the Program content, and all materials distributed at or in connection with the Program are owned by the Company or the Company partners presenting during the course of the Program. Participant will not use or reproduce or allow anyone to use or reproduce such content or materials displayed, distributed or provided in connection with the Program for any reason without the prior written permission of the Company. Participants will not use any of the Program content or materials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program for any purpose other than exercising rights expressly granted to Participant by this Agreement.

The Company gives no warranties with respect to any aspect of the Program or any materials related thereto or offered in connection with the Program and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability.

Participant accepts and agrees that he/she is fully responsible for his/her progress and results and that Company offers no representations, warranties or guarantees verbally or in writing regarding Participant’s future earnings, business profits, marketing performance, customer growth, or results of any kind. The Company does not guarantee that Participant will achieve any results using any of the ideas, tools, strategies or recommendations presented at the Program, and nothing in the Program is a promise or guarantee to Participant of such results. Any examples of income earned by others or testimonials about this Program are not meant as a promise or guarantee of Participant’s own earnings or success.

7. FORCE MAJEURE

A party shall not be liable for any failure of or delay in the performance of this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. Upon occurrence of any force majeure event, the party relying upon this provision shall give written notice to the other party of its inability to perform or of delay in completing its obligations.

8. GOVERNING LAW AND VENUE

This Agreement will be governed by and interpreted in accordance with the laws of the State of California, without giving effect to the principles of conflicts of law of such state. The UN Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. The Parties hereby agree that any action arising out of this Agreement will be brought solely in any state or federal court located in California, Los Angeles County. Both Parties hereby submit to the exclusive jurisdiction and venue of any such court.

9. ENTIRE AGREEMENT; WAIVER

This Agreement [and any exhibits attached hereto,] is the entire Agreement between the Participant and the Company with respect to the subject matter hereof and supersedes any prior agreement or communications between the Participant and the Company, whether written, oral, electronic or otherwise. No change, modification, amendment, or addition of or to this Agreement or any part thereof shall be valid unless in writing and signed by authorized representatives of the Parties. Each Party hereto has received independent legal advice regarding this Agreement and their respective rights and obligations set forth herein. The Participant and the Company acknowledge and agree that they are not relying upon any representations or statements made by the other Party or the other Party’s employees, agents, representatives or attorneys regarding this Agreement, except to the extent such representations are expressly set forth in this Agreement.

10. EFFECT OF HEADINGS

The subject headings of the paragraphs of the Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

11. SEVERABILITY

If any provision or portion of this Agreement shall be rendered by applicable law or held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

IN PURCHASING DREAM BIG DESIGNER, I AGREE I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS SET OUT ABOVE.