The following terms ("Terms of Purchase") constitute an agreement between Simple Ops Consulting, LLC ("Simple Ops"), and you that governs your purchase of a strategy session with Simple Ops (“Strategy Session”).
Your purchase of a Strategy 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 Strategy Session.
Strategy Session Description: The Strategy Session consists of a 60-minute telephone call with Simple Ops on a topic related to project and/or operations management. After the Strategy Session, Simple Ops will send an email within 3 business days recapping the call and listing any next steps.
Service Purchase Terms: Simple Ops requires payment in full before Simple Ops will schedule a Strategy Session. Simple Ops does not issue refunds for any purchases of a Strategy Session.
Fees: When purchasing the Strategy 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 Strategy Session.
Policies: The Strategy 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 Strategy Session will start promptly on time. If you are late to the Strategy Session, the Strategy Session will consist of the time remaining once you join and will not be made up at a later date or time. No refunds will be made for the Strategy Session, but Simple Ops will do its best to accommodate changes in schedule. To reschedule a Strategy Session, you must notify Simple Ops in writing to email@example.com more than one business day prior to your Strategy 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. 3 days prior to the scheduled Strategy Session, Simple Ops will send you a questionnaire to determine the topic(s) you would like to discuss. The Strategy Session will be limited to those topics that you detail in the questionnaire. If you have not submitted the questionnaire, Simple Ops reserves the right to reschedule your session. If you have posed a question that Simple Ops cannot assist with, Simple Ops will let you know at least 2 days before the Strategy Session.
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 Strategy Session.