The following terms ("Terms of Purchase") constitute an agreement between Simple Ops Consulting, LLC ("Simple Ops"), and you that governs your purchase of a Quick Setup/Implementation session session with Simple Ops (“Implementation Session”).
Your purchase of an Implementation Session constitutes your acceptance of, and agreement to, the following Terms of Purchase. These Terms of Purchase are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Purchase, you must not purchase the Implementation Session.
Implementation Session Description: The Implementation Session consists of 60-minutes system/software implementation/setup with Simple Ops in one of the software/tools listed on the registration form. You will be required to provide the information or relevant documentation you would like setup/implemented at least 24 hours prior to the scheduled Implementation Session. You will also be required to be available during the hour to answer any quick questions that may arise so setup/implementation can continue. After the Implementation Session, Simple Ops will send an email within 24 hours recapping what was completed.
Service Purchase Terms: Simple Ops requires payment in full before Simple Ops will schedule an Implementation Session. Simple Ops does not issue refunds for any purchases of an Implementation Session.
Fees: When purchasing the Implementation Session, you will be required to provide Simple Ops or Simple Ops’ third-party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to Simple Ops that such information is true and that you are authorized to use the payment instrument. You will promptly update your payment information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Simple Ops the amount that is specified in accordance with this Terms of Purchase. If you dispute any charges you must let Simple Ops know within sixty (60) days after the date that Simple Ops charges you. Simple Ops reserves the right to change the price of the Implementation Session.
Policies: The Implementation Session will be paid for through Simple Op’s website found at https://www.kathleenrass.com and you will schedule your session(s) through Acuity. The Implementation Session will start promptly on time. No refunds will be made for the Implementation Session, but Simple Ops will do its best to accommodate changes in schedule. To reschedule an Implementation Session, you must notify Simple Ops in writing to firstname.lastname@example.org more than one business day prior to your Implementation Session. If you fail to properly notify Simply Ops of your intent to reschedule within the requisite time-period, you will forfeit your payment. Simple Ops reserves the right, in its sole discretion, to decline to work with any client, if the client does not abide by the Terms of Purchase. At the time of purchase, you will submit a questionnaire outlining what you would like setup/implemented. The Implementation Session will be limited to the information and software you detail in the questionnaire. If you have not submitted the questionnaire and required information at least 24 hours prior to your scheduled Implementation Session, Simple Ops reserves the right to reschedule your session. If you have posed a setup/implementation that Simple Ops cannot assist with, Simple Ops will let you know at least 2 days before the Implementation Session (given that the session was purchased more than 3 days prior to the Implementation Session) and refund you the purchase price.
Simple Ops has made every effort to ensure that all business services have been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided by Simple Ops. Simple Ops assumes no management responsibility for your decisions or for policies or practices that you implement. Simple Ops does not provide legal, tax, or accounting information and advises you to seek independent opinions from such professionals.
Any statements related to income or earnings potential, regardless of medium, are examples of what may be possible in the future. Simple Ops makes no guarantees regarding results, present or future. Simple Ops is not responsible for your earnings, income, sales, or any other business performance as a result of this Agreement.
The Strategy Session is provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. Simple Ops makes no representations or warranties in relation to the Strategy Session or the information and materials provided therein.
LIMITATION OF LIABILITY
SIMPLE OPS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold Simple Ops, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which Simple Ops suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Purchase (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
Governing Law: This Terms of Purchase will be governed by the laws of the State of Mississippi, without reference to its conflict of law principles and jurisdiction of any and all such disputes will lie in the state and federal courts sitting in Rankin County, Mississippi. Client consents to personal jurisdiction in the state and federal courts located therein and hereby waives all defenses of lack of personal jurisdiction and forum non-conveniens.
If any provision(s) of the Terms of Purchase is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms of Purchase may not be assigned by you without Simple Ops’ prior written consent.
The Terms of Purchase are the final, complete and exclusive agreement of the parties with respect to the Implementation Session.