Terms and Conditions

The following Terms and Conditions govern the agreement (“Agreement”) between You (the purchaser of virtual assistant services (the “Services”)) and Phyllis Song Consulting, and its affiliates, sub-contractors, employees, agents, owners, or assigns (“Phyllis Song Consulting”), attached hereto and entered into effective as of the date of Your signature on the Agreement (“Effective Date”). You and Phyllis Song Consulting are each referred to as a “Party” and collectively as the “Parties.”

1. PAYMENT TERMS

You authorize Phyllis Song Consulting to immediately process the credit card information you have provided to Phyllis Song Consulting, in the amount that you have indicated for the Services. You acknowledge and agree that the Services purchase does not include any other product, travel, admission, or expense, other than as set forth on the order form to which these Terms and Conditions are linked. Phyllis Song Consulting reserves the right to cancel or terminate your access to the Services at any time for any reason. All sales of any VIP consultation / “Ask a Question” add-on option are final. No refunds will be issued if you fail to attend after purchasing this option. No refunds will be provided once you have participated in any strategy session purchased as an upsell to the Services. Participation in this live session constitutes fulfillment of services, after which all sales become final.

2. NO INCOME CLAIMS

You agree that neither Phyllis Song Consulting, nor its representatives, has made any promise, guarantee, or other representation with respect to Your future income or gains resulting from the provision of the Services, and that You have not been induced to enter the Agreement as a result of any income claims.

3. TERM

The Agreement shall remain in effect indefinitely from the Effective Date, and You understand and agree that You shall have no right to receive any services following expiration of the Agreement. Any extension or expansion of the Services may require you to make additional payments.

4. INTELLECTUAL PROPERTY

Phyllis Song Consulting retains all right, title and interest in any and all intellectual property related to or associated with the Services and its services, including without limitation:

(a) trademarks and copyrights; and

(b) any other proprietary right arising under the laws of the United States. You understand and agree that neither the Agreement nor the services under the Services by Phyllis Song Consulting shall constitute a transfer, assignment, or license of any intellectual property rights from or by Phyllis Song Consulting. You acknowledge that the content of the Services, including without limitation the materials and information provided to you as education, is confidential and proprietary to Phyllis Song Consulting; accordingly, You agree that You shall not communicate the teachings, materials, or information acquired or learned from Phyllis Song Consulting to any other person.

5. CONTACTS

By signing the Agreement and providing your credit card information, You agree that Phyllis Song Consulting may call and text You regarding Your account information and regarding other offers, products, and services, including through the use of automated dialing equipment and pre-recorded messages, and that this consent is not a condition of purchase.

6. INDEMNITY

You agree to protect, defend, indemnify and hold harmless Phyllis Song Consulting, its officers, directors, employees or their invitees, from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your receipt of services or actions taken in response thereto. Your indemnity obligation includes, but is not limited to, any claim for personal injury sustained while traveling to or attending any seminar or other in-person training provided by Phyllis Song Consulting to You.

7. LIMITATION OF LIABILITY

YOU AGREE THAT IN NO EVENT SHALL PHYLLIS SONG CONSULTING’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT PAID BY YOU TO PHYLLIS SONG CONSULTING IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO ANY CLAIM BY YOU. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.

8. FORCE MAJEURE

Except for the duty to make payments hereunder when due, and the indemnification provisions under this Agreement, neither Party shall be responsible to the other for any delay, damage, or failure caused by or occasioned by any act of God, act of nature or the elements, terrorism, insurrection, or any other causes (except financial) beyond the control of either Party.

9. YOUR REPRESENTATIONS

You represent and warrant that: (a) You operate a business in good standing, and are purchasing the Services for Your existing business; (b) there are no prior or pending government investigations or prosecutions against You, nor any prior or pending lawsuits against You; and (c) You agree to notify Phyllis Song Consulting immediately if any investigation or lawsuit is threatened or filed against You, whereupon Phyllis Song Consulting shall have the right to terminate the Agreement and these Terms and Conditions without liability.

10. MODIFICATIONS TO THE OFFER SERVICES

Phyllis Song Consulting reserves the right to change, cancel, or terminate the Services at any point in time, without notice to You. Phyllis Song Consulting is hereby expressly permitted to make videos and other educational content unavailable at any time without notice to You. Furthermore, Phyllis Song Consulting may revoke Your access to the Services for any breach of this Agreement, any breach of the Phyllis Song Consulting Terms of Service or End User License Agreement (which can be accessed on www.phyllissong.com), or for such other reason as Phyllis Song Consulting determines in its absolute and sole discretion.

11. NO AGENCY

You are not permitted to hold yourself out to any person or entity as a representative, agent, employee, partner, or otherwise of Phyllis Song Consulting.

12. ARBITRATION

Any claim or grievance of any kind, nature or description that You have against Phyllis Song Consulting shall be resolved exclusively in final and binding arbitration before a single arbitrator selected by Phyllis Song Consulting within a reasonable time of You giving notice of arbitration to Phyllis Song Consulting. Arbitration shall be held in Ada County, Idaho. You agree not to file suit in any court against Phyllis Song Consulting, any of its affiliates, subsidiaries, officers, directors, or employees. The arbitration will be subject to the rules of the American Arbitration Association and the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The decision of the Arbitrator will be final and binding on the Parties, subject to appeal only under the FAA, and may be reduced to a judgment in any court of competent jurisdiction. You agree that each Party shall bear its own costs and attorneys’ fees in any arbitration or litigation, regardless of which Party, if either of them, is deemed the prevailing party. Any claim must be brought in arbitration within one (1) year of the claim arising or forever be barred. This agreement to arbitrate survives any termination or expiration of the Agreement as well as bankruptcy or insolvency of either Party. Nothing in these Terms and Conditions prevents Phyllis Song Consulting from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Phyllis Song Consulting's interest prior to, during, or following the filing of any arbitration or other proceeding.

13. WAIVER OF CLASS ACTION

You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement, or Phyllis Song Consulting. Claims brought against Phyllis Song Consulting may not be joined or consolidated with claims brought by anyone else.

14. GOVERNING LAW

This Agreement shall be governed, construed, and interpreted in accordance with the laws of the state of Idaho without regard to any choice of law provisions.

15. SEVERANCE

In the event any provision of the Agreement or these Terms and Conditions is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and these Terms and Conditions, as so modified, shall continue in full force and effect.

16. NO ASSIGNMENT

The Agreement cannot be assigned by You to another party without the express written consent of Phyllis Song Consulting. Phyllis Song Consulting may freely assign this Agreement.

17. OTHER TERMS

This Agreement includes the terms and conditions set forth on www.phyllissong.com. In the event of conflicting terms, this Agreement shall govern.