Terms & Conditions

Effective date: 7 September, 2023 

 

Acceptance of Terms and Conditions:

By accessing or using the website, you agree to be
bound by these terms and conditions (the "Terms"). If you do not accept any of these Terms, you
are prohibited from using this website. The materials contained in this web site are protected by
applicable copyright and trademark law.

 

Use License

 Permission is granted to temporarily download one copy of the materials (information or software) on our website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on our website; remove any copyright or other proprietary notations from the materials; transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials, you must destroy all copies that you have made of the material in question.

 

User Account

In order to access certain services offered through this website, you will need to create an account ("User Account"). You are responsible for maintaining the confidentiality of your username and password associated with such account, and are fully responsible for all
activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this section.

 

Subscription

All courses and coaching services offered through our website are subject to a 12-month subscription period, during which you may access all related materials and content included in the service purchased. No refunds shall be given for subscriptions purchased on our website; all sales are final upon completion of purchase.

 

Services

The Service Provider shall perform the services set forth in this Section 1 (the “Services”) as selected by the Customer

  • Explode Plus+ Program: includes 48 one-hour group coaching calls, 48 half-hour individual coaching calls with a D2D coach and 48 half-hour one on one calls with Duane Richins each week.
  • Explode Program: includes 48 one-hour group coaching calls, 48 half-hour individual coaching calls each week.

 

Compensation

The Customer agrees to pay the Service Provider the following payment for the Services provided as corresponds to the Service selected in Section 1. This fee will be paid in accordance with the appertaining schedule with the first payment due on the Effective Date.

  1. Explode Plus+ Program is a cost of $2,500.00 to be paid once per month
  2. Explode Program is a cost of $1000.00 to be paid once per month.

 

Term

The term of the Agreement shall commence on the Effective Date and shall continue for a period of ____12___ months. Unless otherwise terminated by the Service Provider per the terms of this Agreement.

 

Termination

  1. Service Provider may terminate this Agreement at any time with notice to the Customer. In the event the Customer terminates the Agreement, the Customer shall remain obligated to pay the Service Provider any outstanding balance of the payment owed to the Service Provider. In the event the Service Provider terminates the Agreement, the Service Provider shall reimburse the Customer any amounts previously paid to the Service Provider for which the Services were not rendered.
  2. This Agreement will automatically terminate when both Parties have performed all of their obligations under the Agreement and all payments have been received.

 

Relationship of the Parties

  1. No Exclusivity. The Parties acknowledge this Agreement is not an exclusive arrangement. The Parties agree that they are free to enter into other similar agreements with other parties. The Service Provider agrees that the Service Provider will not enter into any agreements that would conflict with the Service Provider’s obligations under this Agreement.
  2. Independent Contractor. The Service Provider is an independent contractor. Neither Party is an agent, representative, partner, or employee of the other Party under this Agreement.

 

 Intellectual Property Protection

  1. It is the express intention of the Parties to this Agreement that all rights, titles, and interests of whatever nature in the Service Provider's user manuals, training materials, videos, website, website portals, social media postings, blogs, all computer programs,
    routines, structures, layout, report formats, together with all subsequent versions, enhancements, and supplements to said programs, all copyright rights (including both source and object code) and all oral or written information relating to the Service
    Provider's programs (including coaching sessions of whatever method) which is not generally known to the public and which give the Service Provider an advantage over their respective competitors who do not know or use such information (collectively “Intellectual Property”), and all other forms of intellectual property of whatever nature is and shall remain the sole and exclusive property of the Service Provider
  2. The Customer agrees not to, directly or indirectly, sell, license, rent, modify, distribute, record, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Intellectual Property or any other submissions or other proprietary rights of the Service Provider in any way.

 

Dispute Resolution

  1. Choice of Law. The Parties agree that this Agreement shall be governed by the State and/or Country in which the duties of this Agreement are expected to take place. In the event that the duties of this Agreement are to take place in multiple States and/or Countries, this Agreement shall be governed by Utah State law.
  2. . Independent Contractor. The Service Provider is an independent contractor. Neither Party is an agent, representative, partner, or employee of the other Party under this Agreement.

 

Relationship of the Parties

  1. No Exclusivity. The Parties acknowledge this Agreement is not an exclusive arrangement. The Parties agree that they are free to enter into other similar agreements with other parties. The Service Provider agrees that the Service Provider will not enter into any agreements that would conflict with the Service Provider’s obligations under this Agreement.
  2. Negotiation. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiations.
  3. Mediation or Binding Arbitration. In the event that a dispute cannot be resolved through good faith negotiations, the Parties agree to submit to binding mediation or arbitration.

 

Relationship of the Parties

  1. Assignment. The Parties may not assign their rights and/or obligations under this Agreement.
  2. Complete Contract. This Agreement constitutes the entire understanding of the rights and obligations of the Parties. This Agreement supersedes any other written or verbal communications between the Parties. Any subsequent changes to this Agreement must be in writing and signed by both Parties.
  3. Severability. If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of this Agreement will still be enforceable.
  4. Waiver. Neither Party can waive any provision of this Agreement, or any rights or obligations under this Agreement unless agreed to in writing. If any provision, right, or obligation is waived, it is only waived to the extent agreed to in writing.

 

Notices

All notices under this Agreement must be sent by email with read receipt requested or by certified mail with return receipt requested.

 

Payment

The Service Provider shall submit an invoice to the Customer according to the payment schedule set forth in Section 6. Invoices will be automatically paid with the payment method provided from checkout. Receipts will be emailed to the email address on file for the Customer.

 

Prohibited Uses

You may use our website only for lawful purposes and in accordance with these Terms of Service. You agree not to use our website: • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent. • For fraudulent purposes; for the purpose of harming anyone in anyway; to impersonate another person; in a manner that is offensive. • To access information you are not authorized to access. • To transfer your login credentials such as username and password onto another individual/entity for use on this website. • To resell the information or materials contained in this website.

 

Disclaimer

The materials on our website are provided “as is”. We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant that access to this web site will be uninterrupted; nor do we warrant any results from use of this web site or its contents.

 

Limitations

In no event shall we be liable for any damages (including without limitation damages for loss of data) arising out of the use or inability to use our website, even if we have been notified of such damages.

 

Revisions and Errata

The materials appearing on our web site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on this website are accurate, complete, or current. We may make changes to the materials contained in this web site at any time without notice; however we make no commitment to update these materials.

 

Links

This website contains links to other websites which are not owned or controlled by us and therefore we are not responsible for their content nor their privacy practices (if applicable). You acknowledge and agree that we shall not be held responsible or liable in anyway for any damages or losses incurred by you in connection with such websites.

 

Governing Law

Any claim relating to our website shall be governed by the laws of the State of Utah without regard to its conflict of law provisions

 

Entire Agreement

These terms and conditions constitute the entire agreement between you and D AND M RICHINS LLC regarding your use of this website, superseding all prior agreements (if applicable).

 

Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us at [email protected].