@DaSilva Life. All rights reserved.
March 2024
Please ensure to carefully review these Terms and Conditions of Use ("TOU") before accessing any digital or downloadable resources, online courses, programs, workshops, or training offered by DaSilva Life, or participating in any online private forums or membership sites operated by DaSilva Life, whether hosted on a DaSilva Life website or a third-party platform, known or unknown (collectively referred to as "the Programs"). Your use of the Programs signifies your agreement to abide by these TOU.
If you do not agree with these terms, you are not permitted to use the Programs. As used in these TOU, the term “Releasees” is defined to include the following: (i) DaSilva Life, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors, and assigns (collectively “the Company”); (ii) any Company volunteers; and (iii) Kristi DaSilva.
You will receive as part of the Systems School Courses:
The scheduling of live events and content releases by the Company will be based on its availability and schedule. The Company reserves the right to reschedule or cancel any trainings, livestreams, or calls if it deems such action necessary, at its sole discretion. By agreeing to these terms, you acknowledge that no refunds will be provided for the Programs in the event of cancellation or rescheduling by the Company.
If you wish to participate in another session of the Programs in the future or purchase any other products, programs or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.
These Programs are intended and only suitable for individuals aged eighteen (18) and above. Some of the content in these Programs may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of eighteen (18).
You agree to the following fees and payment schedule(s) at the time of purchase:
By choosing to pay via debit card or credit card, you authorize us to automatically charge your card for all applicable fees and charges owed to the Company, without requiring any further authorization from you. Upon payment, you will receive an electronic receipt. Additionally, you consent to the Company sharing necessary payment information and instructions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, etc.) to facilitate payment transactions.
If payment is not received when due, the Company reserves the right to terminate your access to the Programs and all Content, as defined below, immediately and permanently.
If you fail to make any payment in a timely manner or voluntarily withdraw from the Programs at any time or for any reason, you will remain fully responsible for the full cost of the Programs and all payments in any payment plan you have chosen. The Company reserves the right to charge a late fee on all balances more than thirty (30) days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Programs, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
The Company’s Limited License to You
If you view, purchase, or access any Programs or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Programs and Content for your own personal purposes or within your business only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party outside of the Program, or otherwise use any material from the Programs or Content for commercial purposes or in any way that earns you or any third-party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Programs or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Programs or Content shall constitute infringement.
If you enroll in the ClickUp Course, ClickUp Template Vault, or HoneyBook Course, you are granted lifetime access to the learning materials you receive as part of that program for the life of that program only. This means you will have access to the learning materials, provided your account is in good standing for as long as the Company continues to host and provide access to the content you have purchased. You will not receive lifetime access to any live or recorded trainings, calls, or templates.
You must receive our written permission before using any of the Programs or Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Programs or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these TOU or any express written license, are reserved by us.
Unauthorized Use
Your use of any materials found in the Programs or Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Programs in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damage charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
Your License to the Company; Use in Testimonials and Marketing.
By contributing any material, including but not limited to comments, posts, photos, designs, graphics, images, or videos, during the Programs, you assert that you are the rightful owner of said materials and are at least eighteen (18) years of age. Furthermore, you grant us and our authorized representatives an unrestricted, worldwide license that is perpetual, irrevocable, non-exclusive, and royalty-free to utilize, modify, transmit, sell, exploit, create derivative works from, distribute, and publicly perform or display your contributions, either in part or in full, across any existing or future medium or platform, for any purpose. This includes incorporating your contributions into the Company's current or future Programs and Content. By granting us this right, you acknowledge that we may obtain proprietary or intellectual property rights under any applicable jurisdiction, without requiring further permission or compensation from you.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Programs that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Programs, without compensation to you at any time, now or at any time in the future.
You additionally authorize us, along with our authorized representatives, to utilize your likeness and attribute you as the creator and individual depicted in any comments, posts, photos, images, videos, or other contributions generated by you or the Company, or by your name, email address, or screen name, for various purposes, including commercial endeavors and advertising. You acknowledge our right, though not obligation, to utilize any contributions you provide, and we reserve the option to discontinue the use of such contributions in the Programs or our Content at our discretion and for any reason.
This means you give the Company permission to use anything you submit or post in the Programs or any third-party forum or website operated by the Company, or anything captured by the Company during your participation in the Programs, including images in which your face is visible and recognizable.
Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by sending an e-mail to support@dasilvalife.com.
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Programs and Content.
The Company fosters an environment where members are encouraged to promote and exchange their products and services, as well as seek referrals and connections to enhance business relationships, provided that such activities contribute value to the membership community or assist members in finding solutions. Hence, you are permitted to pitch, promote, market, or share other products, groups, programs, or events with Programs members on any Company website or third-party forums operated by the Company, whether officially sanctioned, owned, or operated by the Company, solely if such actions enhance the overall value of the membership community.
In the event you pitch, promote, market, or share products and/or services outside of the limitations set out in this section, as determined by the Company in its sole discretion, then the Company reserves the right to terminate your access to the Programs and all Content immediately and permanently without refund.
Please choose carefully the materials that you upload to submit to or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.
You are responsible for any material that you upload, submit, or share and for any liability that may result. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory, or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
You are strictly forbidden from the following:
If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Programs and your access to the Content without refund.
The Company reserves the right, at its discretion, to delete or modify any post, comment, or submission, either in whole or in part, on the Company's website or any third-party forums operated by the Company. However, the Company is not obligated to monitor posts, comments, or materials submitted by third parties. The Company does not endorse or warrant the truthfulness or validity of any third-party posts, comments, or materials on its website or any third-party forums operated by the Company. The Company shall not be held responsible or liable for any loss or damage resulting from third-party posts, comments, or materials on its website or any third-party forums operated by the Company.
The Company has created a community that is a safe and judgment-free space for connection, conversation, learning, and growth. Within Company’s community is the baseline expectation that all members will treat one another with respect while bringing encouragement and consideration to all members.
The Company, in its sole discretion, may remove any member’s comments, posts, content or materials, however, Company does not have a duty to review all comments, posts, content and material shared within the Programs. Therefore, Company shall not be held liable for any member’s comments, actions, posts, content, or materials that result in another member’s trauma or discomfort.
The Company reserves the right to offer additional Programs elements from time to time, for any subgroup of members. These additional Programs elements are a bonus, not a part of the services included in the base membership of the Programs. The selection of the members who may participate in any additional Programs elements is at the sole discretion of the Company.
The Company may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time.
The Company is not legally obligated to maintain the confidentiality of your information. You have the option to use a screen name or pseudonym instead of your real name for participation in the Programs and public posts on the Company website and third-party forums operated by the Company. You acknowledge that the Company shall not be held liable for the disclosure of your information by another member of the Programs. Furthermore, you agree to maintain strict confidentiality regarding any information you acquire about other Programs members, their businesses (including intellectual property), or clients, except in rare cases where disclosure is mandated by law.
The Company reserves the right to record group calls and may share them, in whole or in part, on the Company’s website, social media platforms, third-party forums operated by the Company, or in the Company’s marketing and promotional materials. You agree not to distribute any recorded group calls or postings from third-party forums outside the private member areas of the Company’s website or any third-party forums operated by the Company. Any violation of this agreement will result in immediate termination of your access to the Programs and Content by the Company.
To utilize certain features within the Programs, including access to private membership areas, you may require a unique username and password. It is incumbent upon you to notify the Company promptly if you encounter any issues or fail to receive registration instructions via email for accessing the Programs. You are obliged to maintain the confidentiality of your username and password. Throughout the registration process for any service or product, you pledge to furnish accurate, truthful, current, and comprehensive information about yourself. In the event that the Company has reasonable grounds to suspect that you have supplied false information, disclosed your username and password to others, or distributed any non-public material from the Programs to any third party, the Company reserves the right to suspend or terminate your account. Moreover, the Company retains the prerogative to deny any present or future use of the Programs or any Content, in whole or in part, without issuing a refund.
The Company retains the authority, at its sole discretion, to deny or revoke your access to the Programs and Content, either entirely or partially, at any time without prior notice. Your participation in the Programs may be terminated by the Company at any time and without refund if you violate any aspect of these Terms of Use. In the event of cancellation or termination, you are no longer permitted to access the affected portion of the Programs or Content. The limitations and obligations outlined in these Terms of Use regarding the Programs and its Content will remain applicable both presently and in the future, even in the event of termination initiated by either you or the Company.
If you would like to cancel your participation in the Monthly Community Membership, you can email the Company at contacting support@dasilvalife.com.
In the event you decide to cancel, any remaining, default, or late payments will be due immediately.
You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third partiesnot under our control.
The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Company are done at your own risk.
These TOU shall be governed by and construed in accordance with the laws of the State of New York without giving effect to its conflict of laws principles. The state and federal court nearest to New York, NY shall have exclusive jurisdiction over any case or controversy arising from or relating to the Programs or Content, including but not limited to the Company’s Privacy Policy or these TOU.
By utilizing the Programs or Content, you acknowledge and agree to the exclusive jurisdiction and venue of the courts specified herein. You hereby consent unequivocally to the personal jurisdiction of said courts and waive any defense of forum non conveniens. In any dispute arising from or connected to these Terms of Use, whether resolved through negotiation, mediation, or litigation, the prevailing party shall be entitled to recover its attorneys' fees and expenses from the other party.
You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Programs or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Programs or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
The Company shall not be deemed in breach of this TOU if the Company is unable to complete or provide all of the Programs or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to Client of its inability to perform or of delay in completing or providing the Programs and shall propose revisions to the schedule for completion of the Programs or other accommodations or may terminate this TOU.
The Company may modify the terms of this TOU at any time. All modifications shall be posted on the Company’s website and members shall be notified when accessing the membership site for the Programs. If any provision of this TOU is held invalid or unenforceable, the remainder of this TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This TOU supersedes all prior written and oral representations.
By clicking on the box when signing up for the program, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document, including the cancellation policy. You understand that your membership will renew automatically until you cancel. If you do not agree with these TOU, do not purchase or use the Programs or Content.
If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may do so via the contact form or send an email to support@dasilvalife.com