TERMS AND CONDITIONS
Last Updated: June 5th, 2024
These Terms and Conditions (“Terms”) are entered into by and between Terra Verd, LLC. D.B.A. Hi From Business Camp., A Delaware Limited Liability Company (“Company”, “Terra Verd”, “Hi From Business Camp”), and its Users and visitors to the website or service “Services”, and together with the Privacy Policy, govern those persons’ access to the Services, as well as any content or functionality of the Services, whether as a visitor or a User.
All references to “member”, “user”, “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Service in any manner, and each of your heirs, assigns, and successors. If you use the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS TERMS AND CONDITIONS, WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SERVICE. FAILURE TO USE THE SERVICE IN ACCORDANCE WITH THESE TERMS AND PRIVACY POLICY MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES.
1) No Professional or Legal Advice; No Guaranteed Outcomes. All Content is meant for informational purposes only and are not intended to provide and should not be construed as providing any legal, regulatory, tax, financial, accounting, employment, or other professional advice. User is solely responsible for ensuring User’s compliance with applicable law and regulation, and nothing in the Terra Verd Content, Website, or Services (including, without limitation, any communications from our support team regarding User’s use of the website, or Services) should be construed as, or used as a substitute for, the advice of competent legal or applicable professional counsel.
2) Your Personal Data Rights & General Data Protection Regulation (GDPR). How we use your data and your data privacy rights are covered under our Privacy Policy (www.hifrombusinesscamp.com/privacy-policy) and are hereby integrated into these Terms and Conditions. If you have questions concerning your data rights and our obligations under the GDPR please consult our Privacy Policy. Our Privacy Policy covers a variety information about your data rights including but not limited to our obligations and rights as a processor, obligations and rights of the controller, subject matter of data processing, duration of data processing, nature and purpose of data processing, type of personal data collected, categories of data subjects collected, and special categories of personal data collected.
3) Service. Terra Verd offers business consulting and mentorship services as well as various products (“Services”). Such services may include but are not limited to: video/telephonic calls, retreat and conference events, digital products, and videos. To access the Services permanently, you must have an account. The Company does offer temporary preview of the services for which you do not need an account. For permanent users, you must maintain and are responsible for, the confidentiality of your login and password.
a) Third Parties. We may use third party platforms to facilitate our services. Such platforms include: Daily.co, Ruoom, and Slack. Any relationship entered into between you and any third party that arose from information received or accessed through Company is solely between you and the third party. Company is not a party to your agreements and you assume sole liability for any such agreements. We are not responsible for any transaction that may occur between you or your company and a Company client.
b) The price and payment procedures are permanently accessible on the Service.
c) All prices stated include all relevant local taxes.
4) Fees. Company has various levels of services and products. When you sign up for a service or agree to purchase a product you agree to allow us to bill your credit card (or other payment method) for all due charges. We will re-bill for any failed billing or past-due amounts. Fees will not be prorated or refunded. We will bill you a full period’s fee regardless of whether you cancel within that period. We reserve the right to revise pricing at any time; however, we will provide you with at least 30 days’ advance notice before revised terms become applicable to you (or such longer period of notice as may be required by law). We also reserve the right to offer different levels of service in alternative price plans and to impose different restrictions or levels of service in such alternative plans.
a) Service Plans and Payment Authorization. We may seek pre-authorization of a user’s payment card account prior to your purchase of Company Services in order to verify that the card is valid and has the necessary funds or credit available to cover your purchase. You agree to provide Company updated information regarding your payment card account upon Company’s request and any time the information earlier provided is no longer valid. You authorize such payment card account to pay any amounts described herein, and authorize Company to charge all sums described in these Terms to such card account.
5) Conditions Of Access
a) You shall abide by all Terms and Conditions and our Privacy Policy.
b) You shall not conduct fraudulent behavior.
c) You agree not to carry out any action likely to hinder nor data scrape the operation of the Services.
6) Accounts. To use the Terra Verd Services, you must create an account (an "Account") by providing your email address ("Account Email") and a password (the "Password" and, together with the Account Email, the "Credentials"). You are responsible for the security of your Account, and agree to keep your Credentials secure. You understand that your Account is solely for your use, and you will not share your Account or Credentials with anyone. You are fully responsible for all activities on the Terra Verd Services associated with your Account.
a) Account Security. You are solely responsible for (i) following instructions that Terra Verd provides to you with respect to the Terra Verd Services, and (ii) maintaining applicable accounts with providers of third-party websites, services, and applications ("Third Party Products") utilized by user. You will adequately secure and keep confidential any passwords or credentials, and any information accessible via your account. You accept all risks of unauthorized use of your Account arising from your failure to implement security safeguards or otherwise maintain the confidentiality of your passwords or credentials and hereby release, indemnify, defend and hold harmless from any liability in connection with any such unauthorized access. If you believe or suspect that your account, passwords or credentials have been accessed or compromised, you must immediately notify Terra Verd. Terra Verd reserves the right to prevent access to the Terra Verd Services if Terra Verd has reason to believe that your account, passwords or credentials have been compromised.
7) Service Plans. Certain Services are only available to Users who have subscribed to one of our monthly or yearly service plans as described on our website. In order to subscribe to any Service Plan, use any Service (including any applicable add-on services), make a Service available to Members, User must be enrolled in the applicable Service Plan and/or accept the applicable Additional Terms (as defined below). Terra Verd may limit access to Services or Service Plans for Users who engage in certain high risk business activities (as determined by Terra Verd).
a) Upgrade/Downgrade. If User subscribes to one of our Service Plans, User may switch to a new Service Plan at any time, but no more than once per calendar month. If User upgrades Service Plans, User will begin receiving access to the features and Services available under the new upgraded Service Plan immediately. Unless we state otherwise, the Service Fees for the upgraded Service Plan will be reflected on User’s invoice at the end of the calendar month in which User upgraded to the new Service Plan. If User downgrades to a less expensive Service Plan, then, unless we state otherwise, the downgrade (including loss of access to any relevant features or Services) and the downgraded plan Service Fees will not take effect until the next calendar month.
b) Separate Services. User may also enroll in Services separate and apart from one of our Service Plans. User may enroll in, or remove, any Service at any time unless otherwise stated in the applicable Additional Terms. When User enrolls in a new Service, User will have access to such Service immediately. When User removes a Service, User will retain access to such Service until the end of the calendar month in which User removed it.
8) Termination and Suspensions. Users may cancel their Account at any time from within their Account. Unless we state otherwise, User’s termination of their Account constitutes the termination of this Agreement. Unless we state otherwise, Terra Verd will not prorate any applicable Service Fees and User Accounts canceled in the middle of a month or year will be charged the full month’s or year’s fees for all Services to which User was subscribed at the time of cancellation. User understands and agrees that User is solely responsible for ensuring User’s compliance with all applicable law, including any wage and hour, taxation, and employment regulation that may affect User’s obligations to Members paid through the Payroll Service following cancellation or termination of the Services.
a) Terra Verd’s Actions: Terra Verd may terminate or suspend Services if you violate this Agreement or any other Terra Verd terms or your use of the Services is improper or substantially exceeds or differs from normal use by other Users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues.
b) The termination of any of the Services or this Agreement will not affect User’s or Terra Verd’s rights with respect to transactions which occurred before termination. Terra Verd will have no liability for any costs, losses, damages, penalties, fines, expenses, or liabilities arising out of or related to Terra Verd’s termination of this Agreement. Any section of this Agreement or applicable Additional Terms which by their nature should survive termination will survive, including without limitation all applicable payment obligations, privacy rights and obligations of Terra Verd and User under Terra Verd’s Privacy Policy, Terra Verd’s responsibilities to comply with federal regulation, use restrictions and indemnity obligations, warranty disclaimers, and limitations of liability.
9) Content Rights and Licenses. The Services, and all Content other than User Content and all software available on the Services or used to create and operate the Services, is and remains the property of Company, and is protected under the Copyright Act of 1976, as amended, and other intellectual property laws of the United States and any foreign jurisdiction where the Services are accessed, and all rights to the Services, such Content, and such software are expressly reserved.
a) All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Services are the property of their respective owners.
b) You must not use such marks without the prior written permission of the owner of the marks. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Company.
10) Limited License to Copy Content. Company grants to Users a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy, and print the portions of the Content available to Users on the Services.
a) Such license is subject to these Terms and Conditions, and specifically conditioned upon the following:
b) Users may only view, copy, and print such portions of the Content for their own personal use;
c) Users may not modify or otherwise make derivative works of the Services or Content, or reproduce, distribute, or display the Services or any Content (except for page caching) except as expressly permitted in these Terms and Conditions;
d) Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
e) Users may not use the Services or Content other than for their intended purposes.
f) Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms and Conditions may be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise.
g) Company may revoke this license at any time for any reason or no reason, and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.
11) Intellectual Property. Users may not engage in any activity on or through the Services, including transmitting or using User Content that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights.
a) We will respond to legitimate requests made pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") and trademark law, and we retain the right to remove Content from the Services that Company believes in good faith infringes on any third party’s intellectual property rights upon notice from the owner of such intellectual property, or their agent.
12) Assumption of Risk. You are solely responsible for ensuring that your use of the Services complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Services.
13) Warranty Disclaimers. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE WEBSITE, SERVICES, AND TERRA VERD CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND MADE BY TERRA VERD. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TERRA VERD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DATA LOSS, AND NON-INFRINGEMENT. FURTHERMORE, TERRA VERD MAKES NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR QUALITY OF THE SERVICES OR ANY INFORMATION OR TERRA VERD CONTENT IN OR LINKED TO THE SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM YOUR USE OF THE SERVICES OR THIRD-PARTY PRODUCTS THAT ACCESS DATA VIA THE SERVICES. TERRA VERD CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF USER DATA OR ANY INFORMATION INPUT INTO THE WEBSITE OR SERVICES BY USER OR MEMBER AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH DATA AND INFORMATION. TERRA VERD DOES NOT WARRANT THAT THE WEBSITE, SERVICES, OR TERRA VERD CONTENT WILL (a) MEET USER’S EXPECTATIONS OR REQUIREMENTS; (b) BE COMPLETELY SECURE OR FREE FROM ERRORS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS; OR (c) BE FREE FROM INTERRUPTION, THEFT, OR DESTRUCTION.
14) Indemnity. User agrees to indemnify and hold harmless Terra Verd and its officers, directors, employees, successors, assigns, representatives, subsidiaries, affiliates, and agents (the “Indemnified Parties”), from and against any losses, damages, expenses, claims, actions, disputes, suits, proceedings, and demands (including, without limitation, reasonable legal and accounting fees) (“Claims”), without regard to merit or lack thereof arising out of or related in any way to (a) User’s or its Member’s access to, use of, or participation in the website and Services or Terra Verd Content; (b) User Data or Shared User Data; (c) violation or alleged violation of this Agreement or any instructions provided by Terra Verd with respect to User’s or User’s Member’s use of the website and Services; (d) User’s or its Member’s violation or alleged violation of any third party right; (e) User’s or its Member’s violation or alleged violation of any applicable law, rule, or regulation; (f) User’s or its Member’s gross negligence, fraudulent activity, or willful misconduct; (g) Terra Verd’s or any other Indemnified Party’s use of or reliance on information or data furnished by or on behalf of User; (h) actions that Terra Verd or any other Indemnified Party undertakes at the request or instruction of User or anyone that Terra Verd or any other Indemnified Party reasonably believes to be User or acting with authority on behalf of User (each such action a “Requested Action”); or (i) Terra Verd’s or any other Indemnified Party’s use of or reliance on information or data resulting from such Requested Actions.
15) Limitation of Liability. To the extent permitted by applicable law, Terra Verd is not liable, and User agrees not to hold Terra Verd responsible for, any damages or losses resulting directly or indirectly from (a) User Data or Terra Verd’s or a third party’s reliance on certain User Data; (b) Resulting Errors; (c) User’s delay in providing, or failure to provide, Terra Verd with information necessary for its provision of the Services; (d) User’s violation of applicable law, rule, regulation or other applicable legal obligation; (e) unauthorized third-party actions taken in User’s Account or sharing of your Account credentials; (f) User’s or its Member’s negligence; (g) any Claims that could have reasonably been avoided or mitigated by User through reasonable efforts; (h) any Requested Actions; (j) User’s or Members’ failure to properly follow Terra Verd’s instructions with respect to the website, Terra Verd Content, or Services; or (k) User’s or its Member’s use or inability to use the website or the Services.
a) Neither terra verd nor any other party involved in creating, producing, or delivering the website, services, or terra verd content will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage, or system failure, or the cost of substitute services arising out of or in connection with this agreement, or from the use of or inability to use the website, services, terra verd content, third party content, or third-party services, whether such damages are based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not terra verd has been informed of the possibility of such damages, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to user. To the maximum extent permitted by law, in no event will terra verd’s total liability for any claims arising out of or in connection with this agreement or from the use of or inability to use the website, services, or content exceed the amounts user has paid to terra verd for use of the website, services, or terra verd content in the six (6) month period immediately preceding the events giving rise to the applicable claim.
16) Dispute Process
a) Contact Us - You agree to contact us with your complaint prior to filing for any arbitration.
b) File Complaint - You and Company agree that any dispute must be commenced or filed by you or Company within one (1) year of the date the dispute arose, otherwise the underlying claim is permanently barred (which means that you and Company will no longer have the right to assert such claim regarding the dispute).
c) Arbitration - You and Company agree that (a) any arbitration will occur in the State of Delaware, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services, which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Delaware and the United States, respectively, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
17) Assignment; Delegation. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Terra Verd, which will not be unreasonably withheld. Any attempted transfer or assignment in violation hereof shall be null and void. Terra Verd, in its sole discretion, may use vendors or contractors to help provide the Terra Verd Services to you, and may change our use of vendors or contractors without notice to you. Terra Verd will remain responsible for the acts and omissions of such vendors and/or contractors.
18) Governing Law. These Terms and Conditions will be governed by the laws of the State of Delaware, exclusive of its rules governing choice of law and conflict of laws. These Terms and Conditions will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. All disputes arising out of these Terms and Conditions will be subject to the exclusive jurisdiction and venue of the state and federal courts of Delaware, USA, and the parties hereby consent to the personal jurisdiction of these courts.
19) Notices. Terra Verd may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, text message (e.g. SMS or MMS), business or personal mail, written or hard copy notice, or through posting of such notice on the Terra Verd Services, as determined by Terra Verd in its sole discretion. Hire Notices to Terra Verd shall be made to the attention of the "Legal Department" and sent via mail to Terra Verd. LLC., 823 Congress Ave #1741 Austin, TX 78701-9998, with a copy sent via email to info[at]hifrombusinesscamp.com.
20) Waiver. No waiver of any rights will be effective unless assented to in writing by both parties. Any such waiver will be only to the specific provision and under the specific circumstances for which it was given, and will not apply with respect to any repeated or continued violation of the same provision or any other provision. Failure or delay by either party to enforce any provision of these Terms and Conditions will not be deemed a waiver of future enforcement of that or any other provision.
21) Relationship. Nothing contained herein will in any way constitute any association, partnership, agency, employment or joint venture between the parties hereto, or be construed to evidence the intention of the parties to establish any such relationship. Neither party will have the authority to obligate or bind the other in any manner, and nothing herein contained will give rise or is intended to give rise to any rights of any kind to any third parties.
22) Unenforceability. If a court of competent jurisdiction determines that any provision of these Terms and Conditions is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of these Terms and Conditions will remain in full force and effect and bind the parties according to its terms.
23) Force Majeure. Neither Party will be deemed in breach hereunder for any cessation, interruption or delay in the performance of its obligations due to causes beyond its reasonable control, including earthquake, flood, or other natural disaster, act of God, labor controversy, civil disturbance, terrorism, war (whether or not officially declared) or the inability to obtain sufficient supplies, transportation, or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law, regulation, judgment or decree.
24) Entire Agreement. These Terms and Conditions and the Privacy Policy comprises the entire agreement between you and Terra Verd with respect to its subject matter, and supersedes all prior and contemporaneous proposals, statements, sales materials or presentations and agreements. No oral or written information or advice given by Terra Verd, its agents or employees will create a warranty or in any way increase the scope of the warranties in these Terms and Conditions.
25) Electronic Transmission. This Agreement, and any amendments hereto, by whatever means accepted, shall be treated in all manner and respects as an original contract and shall be considered to have the same binding legal effect as if it were an original signed version thereof, delivered in person. Neither party hereto shall argue that a contract was not formed hereunder based on either (a) the use of electronic means to deliver a signature or to indicate acceptance of this Agreement or (b) the fact that any signature or acceptance of this Agreement was transmitted or communicated through electronic means; and each party forever waives any related defense.
26) Changes to Services. Terra Verd may modify this Agreement at any time, in Terra Verd’s sole discretion, effective upon posting of an updated version of this Agreement. It is important that User reviews each modified version of the Agreement as User’s continued use of the website or Services after such changes are posted constitutes User’s agreement to be bound by the modified Agreement. If User does not agree to be bound by the modified Agreement, then User may not continue to use the website or Services. Because the website and Services evolve over time, Terra Verd may change or discontinue all or any part of the website or Services at any time and without notice, and without liability to User, at Terra Verd’s sole discretion.
27) Contact Information. If User has any questions about this Agreement, the website, or the Services, User may contact Terra Verd at info[at]hifrombusinesscamp.com. Terra Verd will not be able to accept User questions, Feedback, or complaints at Terra Verd’s physical locations.