Terms & Conditions of Participation
The following are terms of a legal agreement between you and Equilibrium Enterprises, Inc. (D.B.A. “The Habit Factor”) By purchasing any courses, coaching and/or consulting services from The Habit Factor® or any other property held by Equilibrium Enterprises, Inc., you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations.
By purchasing this product you (herein referred to as “Client”) agrees to the follow terms stated herein.
Equilibrium Enterprises, Inc. Inc Inc.(herein referred to as “Equilibrium Enterprises, Inc.” or “Company”) agrees to provide Program, “Automatic Goals” “Goals Gym” “The Habit Factor” (herein referred to as “Program) identified in online commerce shopping cart. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
1. INTRODUCTION: Equilibrium Enterprises, Inc. (Equilibrium Enterprises) a California Corporation, agrees to provide you (Client) with personal and/or business Coaching and/or Consulting Services (defined below), subject to your compliance with the terms and conditions hereafter outlined (Terms and Conditions). Please read these Terms and Conditions carefully. As a Client, you agree to be bound by these Terms and Conditions, both for current and for any additional services for which you may contract with Equilibrium Enterprises, including all payment terms (collectively, the Agreement). In this Agreement, “you” and “your” refers to the Client. Engaging The Habit Factor for Coaching and/or Consulting Services requires that you have verbally accepted a summary of key provisions of these Terms and Conditions.
IF, SUBSEQUENT TO YOUR VERBAL ACCEPTANCE OF THE SUMMARY TERMS AND CONDITIONS, YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOTIFY THE HABIT FACTOR / EQUILIBRIUM ENTERPRISES WITHIN FIVE (5) DAYS OF YOUR ORDER AND ALL SERVICES WILL BE CANCELED WITH NO FURTHER OBLIGATIONS BY EITHER PARTY. NOTE THAT YOU SHALL BE RESPONSIBLE FOR COSTS OF SERVICES PROVIDED BY EQUILIBRIUM ENTERPRISES UNTIL SUCH CANCELLATION PROCEDURE IS FOLLOWED. FAILURE TO NOTIFY EQUILIBRIUM ENTERPRISES OF CANCELLATION ACCORDING TO THE PROCESS DEFINED ABOVE SHALL BE DEEMED TO INDICATE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AND AGREE TO BE BOUND BY THEM.
- You agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of our Courses, Coaching and/or Consulting Services, shall be bound by, and shall abide by, these Terms and Conditions. You further agree that you are bound by these Terms and Conditions whether you are acting on your own behalf or on behalf of a third party, including another Client.
- TERM, PAYMENT & MODIFICATION: For courses, coaching, online memberships or consulting services that reoccur, the term of this Agreement shall begin and become effective as of the first sign-up date, which coincides with initial payment. The term shall continue as follows unless otherwise mutually agreed upon in writing. This Agreement shall renew at the end of each 30-day period for a successive 30-day term unless either party provides written 5-day notice of its intention not to renew or if both parties agree to enter a new contract term for a determined time period.
Any and all “one-time” purchases (Personal or Business Strategy Sessions, Events, In-Person Consulting, Programs, etc) shall not be tied to any other services or subject to this agreement, unless otherwise specified by client.
Client agrees to pay to Equilibrium Enterprises all applicable charges to its account in United States dollars, in accordance with the payment terms and conditions and/or payment plan mutually agreed upon, including, if any, all applicable taxes. If any mutually agreed upon payment terms of additional services requested by you are different than the terms set forth in these Terms and Conditions, the payment terms for the additional services shall apply to those services. Client agrees that any setup fee (or similar one time payment depending on the Advertising Service selected by Client) is nonrefundable as it is applied to costs immediately incurred by Equilibrium Enterprises in initiating services.
Client understands and agrees that all Courses, Coaching, Online Memberships and/or Consulting Services may be billed one month in advance. In addition, if Client has elected to pay Equilibrium Enterprises by credit card, Client agrees to authorize Equilibrium Enterprises to charge its credit card in advance for such payments and for any amounts owed under this Agreement.
In the event collection proves necessary, the Client agrees to pay all fees (including all attorneys’ fees and court costs) incurred by that process.
You understand that Equilibrium Enterprises may modify its standard terms and conditions and service offerings from time to time and that Equilibrium Enterprises reserves the right to adjust the pricing of such services as it desires. Following the fulfillment of initial contract terms, any Client in month-to-month contracts may be subject to revised terms and conditions and/or pricing.
- METHOD OF PAYMENT: Client must set up direct withdrawal from a valid, sufficiently funded bank account, provide a valid credit card with sufficient credit, or maintain a deposit with Equilibrium Enterprises so that Equilibrium Enterprises can bill for all contracted Services.
- REFUND POLICY AND CANCELLATIONS: The product and/or services referenced herein are sold with there own refund policy DEFINED AT PURCHASE. Any cancellations within 30 calendar days of purchase needs to be submitted in via email to sales (at) equilibrium-ent.com. Cancellations shall take effect within a 10 day period after the written request and the client’s credit card will not be charged again.
- REFUNDS FOR PHYSICAL PRODUCTS: Any orders of physical products must be returned within 30 days (in original condition) to be eligible for a refund.
- SERVICES PROVIDED: Any Course, Coaching and/or Consulting Services are the process by which Equilibrium Enterprises will help you to develop yourself and/or your business via its proprietary practices, methods, systems, experience and advice. Though Equilibrium Enterprises cannot guarantee specific results, we aim to provide highest level of value and offer practices and systems designed to provide a meaningful and valuable return to our clients.
- OWNERSHIP OF NON-CLIENT PROPERTY: Title and full ownership rights in and to the Courses, Coaching and Consulting methods, strategies and systems, together with any and all ideas, concepts, computer programs, and other technology supporting or otherwise relating to Equilibrium Enterprises’s operation of the Equilibrium Enterprises network and website(s) (collectively, the “Equilibrium Enterprises Materials”), shall remain at all times solely with Equilibrium Enterprises and/or with the respective outsourced service provider or author. Client acknowledges that it has not acquired and does not have any ownership interest in the Equilibrium Enterprises Materials by reason of this Agreement.
- YOUR SITE: You hereby acknowledge that Equilibrium Enterprises is not responsible for the maintenance of your website(s); nor is Equilibrium Enterprises responsible for order entry, payment processing, shipping, cancellations, returns or customer service concerning orders placed on your website(s). You further acknowledge that your site does not contain any Equilibrium Enterprises / The Habit Factor® owned or licensed content, including but not limited to any Equilibrium Enterprises search listings, except pursuant to a separate signed affiliate agreement with Equilibrium Enterprises.
- CLIENT REPRESENTATIONS AND WARRANTIES: Client represents and warrants to Equilibrium Enterprises that for the term of this Agreement, this Agreement constitutes a valid, binding, and enforceable agreement in accordance with its terms; Client is the authorized owner or representative of the website(s) for which Coaching and Consulting Services will be performed; and Client’s website will not violate any applicable law or regulation; does not infringe upon in any manner any third party rights, including but without limitation to copyright, patent, trademark, trade secret, or other intellectual property right or right of privacy or publicity; is not false or misleading; has not and will not result in any consumer fraud, product liability, breach of contract, injury, damage, or harm of any kind to any person or entity; is not defamatory, libelous, slanderous, or threatening; is free of viruses; does not contain, promote, or offer any form of spyware, adware, or other advertising or information collection software; and/or does not contain, link to or promote any of the following: violence, hate crimes (whether racial or otherwise), illegal activities, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- CLIENT COVENANTS: Client further agrees to perform as follows: Client will not hold Equilibrium Enterprises or its affiliates liable or responsible for the activities of visitors who come to Client’s website(s) through Courses, Coaching and Consulting Services. If Client sells or promotes adult materials, alcohol or tobacco products, or other age restricted products and/or services, Client will: (i) have age verification on its sites’ home page and in the sales process in compliance with all applicable laws and regulations; and (ii) shall not offer such products and/or services in jurisdictions in which they are prohibited or are in any way restricted.
- CLIENT INDEMNIFICATION OBLIGATIONS: Client agrees to indemnify, defend, and hold harmless Equilibrium Enterprises, its distribution partners, its licensors, licensees, and affiliated companies, and any of their directors, officers, employees, representatives and agents, from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits, or proceedings (collectively being referred to herein as a “Claim”) for, including without limitation, libel, violation of right of privacy or publicity, copyright infringement, trademark infringement, or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability, or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with Coaching and Consulting Services performed on behalf of Client, Client’s website(s) or contents therein, Client’s conduct, acts or omissions, or any alleged or proven breach by Client of any term, condition, agreement, representation, or warranty herein, excluding any Claim that arises solely from the acts or omissions of Equilibrium Enterprises or its agents or employees. Equilibrium Enterprises will notify Client of any claim, action, or demand for which indemnity is required in the reasonable opinion of Equilibrium Enterprises and will cooperate reasonably with Client at Client’s expense. At the election of Equilibrium Enterprises, Client shall advance to Equilibrium Enterprises amounts in satisfaction of such Claim, which Equilibrium Enterprises may hold in escrow pending resolution of any such Claim. The law firm Client chooses to defend Equilibrium Enterprises must be experienced in defending similar claims and will be subject to Equilibrium Enterprises’ approval, which will not be unreasonably withheld. Client may not settle any lawsuit or matter relating to the culpability or liability of Equilibrium Enterprises without the prior written consent of Equilibrium Enterprises. Equilibrium Enterprises will have the right to participate in any defense of a claim and/or to be represented by counsel of its own choosing at its own expense. Without limiting any rights and remedies hereunder or under applicable law, Equilibrium Enterprises shall have the right to set off any liability of Client to Equilibrium Enterprises with respect to a Claim against any amounts held on deposit with Equilibrium Enterprises by Client.
- LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER: Client understands Martin Grunburg (herein referred to as “Consultant”) and Equilibrium Enterprises, Inc., is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counselling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into. Equilibrium Enterprises makes no representations or warranties relating to the results of Coaching and Consulting Services, including, without limitation, the number of impressions or click-throughs and any promotional effect or return on investment thereof. As Equilibrium Enterprises relies on third parties for certain data, Equilibrium Enterprises makes no guarantees regarding the accuracy, reliability, or completeness of any usage statistics.
In no event shall Equilibrium Enterprises be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown.
- SUCCESSORS AND ASSIGNS: Subject to the limitations set forth herein on assignment of this Agreement or the rights hereunder by Client, all of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns.
- DISPUTE RESOLUTION: ARBITRATION. If a dispute arises under or relating to this Agreement, the parties agree to submit such dispute to binding arbitration in the state of California, County of San Diego. The arbitration shall be conducted on a confidential basis pursuant to the then current Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include to the prevailing party an assessment against the non—prevailing party of costs, expenses, arbitration fees and reasonable attorneys’ fees. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in any court of competent jurisdiction located within the State of California, County of San Diego.
- WAIVER: Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver. No waiver of any breach or default of this Agreement by either party hereto shall be considered to be a waiver of any other breach of default of this Agreement.
- ENTIRE UNDERSTANDING: This document and any exhibit, schedule, or other supplementary document attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
- NO THIRD PARTY BENEFICIARIES: The covenants, undertakings, and agreements set forth in this Agreement are solely for the benefit of and enforceable by the parties or their respective successors or permitted assigns.
- SURVIVAL: The sections of this Agreement that address or govern matters or circumstances that could occur after termination of this Agreement shall be interpreted to survive any such termination.
- EXECUTION: This agreement is executable upon successful payment from Client. By purchasing coaching and/or consulting services from The Habit Factor® or any other property held by Equilibrium Enterprises, Inc., you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations.