Terms of Service & Engagement Agreement
TERMS AND CONDITIONS OF ENGAGEMENT: 'CLIENT' shall pay CCG an initial onboarding investment of $1,100.00 one-time for services rendered, described above in 'Description of Services'. Thereafter, CLIENT agrees to the monthly platform subscription of $997.00. Platform subscription is separate from third party integrations. The onboarding payment is due before the initiation of services, and the monthly subscription may be canceled by the CLIENT at any time; however, the initial onboarding cost is nonrefundable.
DISCREPANCIES: CCG, nor any of its subsidiaries, affiliates or partners are at all responsible for any discrepancies resulting from services rendered.
ASSUMPTION OF RISK: CLIENT assumes all risks; no guarantees are stated or implied.
TIMELINESS OF PAYMENT: Payment is due upon acceptance, and timeliness dictates access to the Sales Autopilot platform; however, nonpayment of subscription does not guarantee restriction of CLIENT to the SYSTEM.
INDEMNITY: CLIENT indemnifies CCG and its partners, affiliates and subsidiaries against claims arising from services.
NO PARTNERSHIP: CLIENT is solely responsible for its content and operation and shall indemnify and hold harmless Cargill Consulting Group, Inc. and all its affiliates, related partners, and employees.
LEGAL FEES: CLIENT is liable for 100% of legal fees incurred by CCG in defending against legal actions related to CLIENT's creatives or communication.
GOVERNING LAW, JURISDICTION & VENUE: This Agreement is governed by the laws of the State of California. PARTIES consent to jurisdiction in the District of California, and/or the Courts of Los Angeles County, State of California.
TERMINATION: CLIENT may terminate the effect of this Agreement by canceling their subscription to the SYSTEM; however, this agreement will automatically be reinstated should the CLIENT start a new subscription or reinstate the existing subscription. There shall also be no requirement for a refund for services performed if terminated by CLIENT for any reason.
ENTIRE AGREEMENT: This page with these Terms & Conditions, along with this Engagement Agreement, is the entire agreement among the parties and supersedes all prior agreements, verbal or written.
NOTICES: Any notice, copy or other communication provided for in this agreement shall be delivered respectively to [email protected]. Communication, copy or notices from CCG to CLIENT will be delivered via email to the email address provided.
INTERPRETATION OF CAPTIONS & HEADINGS: Section titles are for convenience only, to make this agreement easy to read and comprehend, and not considered part of this Agreement.
BINDING EFFECT & ASSIGNMENT: The Agreement binds the parties and their representatives, successors, and assigns.
COUNTERPARTS: This Agreement may be executed in counterparts, with the force and effort of an original, constituting one document.
MUTUALITY OF PREPARATION: PARTIES acknowledge understanding and voluntary entry into the Agreement, and this Agreement shall be construed in accordance with the plain meaning of its terms, without presumption or inference of PARTIES.
SEVERABILITY: Invalid provisions are deemed severable, not affecting other provisions of this Agreement.
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Recording Consent Agreement
Therefore, this Recording and Consent Agreement ("Agreement") is entered into by and between the CLIENT and Cargill Consulting Group, Inc. ("CCG"), its affiliates, and partners.
GRANT OF PERMISSION: By using this website and/or proceeding with a purchase, CLIENT hereby grants permission to CCG, its affiliates, and partners to reproduce, use, exhibit, display, broadcast, distribute, and create derivative works of CLIENT's personal images, recordings, and media with their likeness irrevocably for any purpose deemed reasonable by CCG, whether for marketing, publications, blogs, or otherwise.
NO COMPENSATION: CLIENT acknowledges and agrees that no compensation is due for past, present, or future use of their likeness, as stated above, for any reason.
WAIVER OF INSPECTION AND RIGHTS: CLIENT hereby waives any right to inspect or approve the use of images or recordings, or any written copy produced by them, and acknowledges that all intellectual property produced within recorded media, written media or otherwise in the course of normal business, is the sole property of CCG, except that which is already protected under trademarks and copyright law, and exchanged with the express intent of creating a partnership outside of this agreement. Proof of partnership, patent, trademark, and copyright must be given, and prior to such a time, CLIENT will indemnify and hold harmless CCG.
RELEASE AND INDEMNITY: CLIENT releases, defends, indemnifies, and holds harmless CCG, its Board of Directors, officers, employees, or agents from any claims, damages, or liability arising from or related to the use of images, recordings, or materials. T his includes, but is not limited to, claims of defamation, invasion of privacy, or rights of publicity or copyright infringement.
WAIVER OF ROYALTIES: CLIENT further waives any right to royalties or other compensation arising from or related to the use of images, recordings, or materials.
COMPETENCY AND AGE: CLIENT affirms that they are 18 years of age or older and competent to contract in their own name.
UNDERSTANDING AND BINDING NATURE: CLIENT has read and fully understands the contents, meaning, and impact of this consent, waiver, indemnity, and release, and furthermore acknowledges by proceeding with using this website and/or moving forward with a purchase, that this Agreement is binding on the CLIENT, their heirs, executors, administrators, and assigns.
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