DIGITAL PRODUCT TERMS OF SERVICE 

Thank you for purchasing one of our digital products (“Product”). All sales are final for the Product. By completing the Product check-out, you ("Customer") agree to the following terms and understands that you will be charged the full amount. Through rendering payment, Customer agrees to the following terms and conditions of this Agreement (“Agreement”) in their entirety:

1.     INTRODUCTION

VANDERKROGT.CO (“Company”) is a company that provides prospective and actual business owners with online courses and other educational materials in the areas of Strategic Marketing, CRM, Clienteling and Client Development. Company has created the digital product ("Product") to educate Customer on relevant skills and strategies within those areas.

2.     TERM

 The Term of this Agreement shall be one year from the date of initial purchase, with the exception of Sections 3, 4, 5, 6, 7, 8, 9, 10, which shall survive the Term of this Agreement.

3. DISCLAIMERS

For the purposes of this Agreement, the Company is not an employee, social media manager, consultant, public relations manager, personal brand advisor, one-on-one coach, business operations manager, financial analyst, business executive, or other agent of Customer’s business. 6- Client understands that the Product has been designed by Company for general educational and informational purposes only, with the goal of teaching Customer skills and providing Customer with awareness of best business practices. Through the Product, the Company might provide guidance regarding business decisions, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision for his/herself.

The Product does not include: 1) individualized advice and feedback; 2) procuring business or potential clients for Customer; 3) performing any business management services for Customer, such as marketing, operations, research, or development; 4) publicity, public relations and/or social media marketing services; 6) legal or financial advice; 7) introduction to Company’s professional network and business relationships.  

Customer hereby acknowledges that Customer is solely responsible for the amount of income and/or type of results that Customer generates by implementing techniques and advice provided by Product. Customer also acknowledges that the Company cannot and does not guarantee that implementation of the Product will provide Customer with a lucrative business. Customer also agrees that he/she is solely responsible for any personal decision that Customer makes during or as a result of Customer’s use of the Product, and indemnifies Company from any liability regarding said decision.  

4. CLIENT’S RESPONSIBILITIES

The Product has been developed for educational purposes only. The Company has established its proprietary Product in order to educate and inspire Customer to pursue his/her business goals. However, Customer hereby acknowledges that Company does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Product. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Product. Customer acknowledges that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain his/her goals by simply using the Product.

 5. PAYMENT & FEES

 Client might be offered several payment options to purchase the Product, all of which will be presented at checkout (if applicable) and may include both: A) a one-time fee, due in-full before Customer may access the Product; or B) a payment plan. Payment options are presented as per the Company’s discretion and no rights can be derived from it. NOTE: A partial payment of one installment of the payment plan shall be treated as a commitment to pay the entire fee for the Program. By submitting a partial payment, Client understands that he/she is contractually bound to make all payments in the timeline outlined at checkout, which shall be billed to Customer automatically. Failure to make all payments due under the payment plan shall result in Customer’s breach of this contract and in Customer’s termination of access to the Product.

6. REFUND POLICY

 All sales are final for the Product. Due to the inherent nature of educational programs and the electronic transmission of same, there are no refunds.

 7. NON-DISCLOSURE & CONFIDENTIALITY

Confidential Information & Non-Disclosure - Company takes pride in its proprietary information included in each Product. As such, Customer agrees and acknowledges all Confidential Information shared through the Product is confidential, proprietary, and belongs exclusively to the Company.

 “Confidential Information” includes, but is not limited to:

• Any systems, sequences, processes or steps shared with Customer;

• Any information disclosed in association with this Agreement;

• Any systems, sequences, processes, or trade secrets in connection with the Product or Company’s business practices.

 Testimonials - Company also agrees to protect Customer’s personally identifiable information. However, from time to time, Company may use general statements about Customer’s success for testimonials as part of Company’s marketing strategy. By agreeing to these Terms, Customer agrees to Company sharing Customer’s success stories as testimonials in any matter across any media at the sole discretion of Company.

8. INTELLECTUAL PROPERTY & LIMITED LICENSE

 Intellectual Property - The Product and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and  within Company’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”).

 Limited License - Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use. Customer acknowledges that his/her purchase of the Product is for his/her/its individual use. Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Product without prior written consent or unless provided otherwise. 

 If Customer is also a business owner or professional in a similar industry, Customer shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:

• Teaching Customer’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Customer’s own;

• Copying any of Company’s Product content and/or material for Customer’s commercial use;

• Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent.

9. INDEMNIFICATION / LIMITATION OF LIABILITY

 Customer hereby acknowledges that Company is not liable for any injuries that may arise from Customer’s actions, omissions, or decisions based off Customer’s use of the Product, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless Company of any claims that may arise after use of this Product. 

10. MISCELLANEOUS

 A.             Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.

B.             Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.

C.             Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.

D.             All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us. 

E.             Governing Law - Company is located in the Netherlands and is subject to the applicable laws governing the Netherlands. The governing law for this agreement is the laws of the Netherlands.

F.             Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration. 

G.            Execution – Customer agrees to accept the above Agreement in its entirety when Customer renders payment.