TERMS AND CONDITIONS OF PURCHASE AND PRIVACY POLICY
Last Updated: February 27, 2024
THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THIS TERMS AND CONDITIONS OF PURCHASE AND PRIVACY POLICY PRIOR TO PURCHASING OUR COURSE. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE. PLEASE READ THESE TERMS AND THE ARBITRATION PROVISION SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS.
Section 1 – Introduction and Consent to Terms.
Welcome to Margalit Consulting LLC, a Nevada limited liability company dba Rags to Riches University (referred to herein as “Rags to Riches”, “we”, “us”, or “our”) Terms and Conditions of Purchase and Privacy Policy (referred to herein as the “Terms”).
These Terms apply to all purchasers of our house cleaning business course (herein our “Course”). If you do not agree to these Terms, do not purchase our Course. Purchasing our Course constitutes explicit acceptance of these Terms. By agreeing to these Terms, you agree that you have read these Terms in their entirety and understand the inclusions detailed herein.
If you are purchasing our Course on behalf of a third-party or an entity, you represent and warrant that you are authorized to accept these Terms on such party’s behalf and that such entity or third-party agrees to be responsible to us if you or that entity violates these Terms.
Thank you and we look forward to assisting you in your entrepreneurial journey!
Section 2 – Financial and Earnings Disclaimer.
Earnings Disclaimer:
Rags to Riches makes no assurances, representations, or promises regarding future earnings or income, or that you will make any specific amount of money or any money at all as a result of purchasing our Course. Earnings or income statements, or examples of earnings or income, represent estimates of what you may earn and are based on past results with certain clients. Prior success or past results are not an indication of your future success or results.
Statements or examples of actual earnings on our Website that are verified and are true and correct to our best belief and knowledge. We may use examples from some of our best achieving clients, so the results you see on our Website may not be typical. Past examples of earnings are not promises or guarantees of earnings or income.
WE DO NOT AND CANNOT GUARANTEE ANY SPECIFIC OR MINIMUM RESULTS FROM YOUR USE OF OUR COURSE. WHILE WE HAVE A TRACK RECORD OF ASSISTING VARIOUS CLIENTS IN STARTING AND GROWING A HOUSE CLEANING BUSINESS, THE UNDERLYING SUCCESS OF OUR CLIENTS ULTIMATELY DEPENDS ON MANY FACTORS OUTSIDE OF OUR CONTROL. NO AMOUNT OF COMPENSATION PAID BY YOU IS TIED TO A RESULT OF YOUR HOUSE CLEANING BUSINESS.
Financial Disclaimer:
By purchasing our Course, you agree that (a) Rags to Riches is not a licensed financial entity; (b) Rags to Riches is not in the business of providing financial, legal, tax, or investment advice; and (c) all information conveyed by Rags to Riches is provided for general informational purposes only. If you are looking for financial, tax, or other professional advice, we recommend that you speak with a licensed financial professional.
YOU AGREE THAT RAGS TO RICHES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE TO YOU OR A THIRD-PARTY, DIRECTLY OR INDIRECTLY, FOR YOUR USE OF ANY CONTENT OR INFORMATION OF ANY KIND COMMUNICATED BY RAGS TO RICHES, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON INFORMATION OBTAINED BY YOU FROM USING OUR COURSE.
Section 3 – Use of Information in Our Course and on Our Website.
ALL INFORMATION PROVIDED TO YOU ON OUR WEBSITE OR WITHIN OUR COURSE IS PROVIDED TO YOU 'AS IS' AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, RAGS TO RICHES AND OUR OWNERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES EXCLUDE ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
WE EXPRESSLY DISCLAIM ANY LIABILITY FOR LOSS OR DAMAGE SUSTAINED BY YOU AS A RESULT OF USING ANY INFORMATION PROVIDED TO YOU ON OUR WEBSITE OR PRIOR TO YOUR PURCHASE OF ONE OF OUR COURSE.
Section 4 – Your Account.
Access to and use of our Course is not meant to be used by anyone under the age of eighteen (18) and we do not target persons under this age. By purchasing our Course, you represent and warrant that (a) you are at least eighteen (18) years old; (b) have a working smartphone or computer; and (c) you have the full power and authority to enter into these Terms.
To use our Course, you are required to create a member account (a “Member Account”) and provide information as requested when prompted to create a user account. Your Course can be accessed through your Member Account.
You are solely responsible for maintaining confidentiality of your password and account information and are responsible for all activity that takes place on your account. Rags to Riches shall not be, for any reason, responsible for any use or misuse on your Member Account.
You are not permitted to give your account information to any third-parties or permit any third-parties access or use of our Course, or any part thereof.
Section 5 – Terms of Sale & Payment.
Pricing for our Course is described on our Website at the time of purchase. All prices are shown in U.S. Dollars. Rags to Riches reserves the right to change prices at any time, with or without notice, unless you have already purchased our Course.
When you provide payment information, you represent and warrant that the information you provide is accurate and that you are authorized to use the payment method provided. By providing a credit or debit card, you represent and warrant that you authorize us or our third-party payment processing company to charge your payment method for all charges you incur in connection with your use of our Course. You agree that you are responsible to pay for and will pay for all such charges.
All monies owed are due and payable at the time of purchase. All unpaid monies owed to Rags to Riches will accrue interest at three percent (3%) per month until paid in full, or If the law only permits a lesser amount, the highest amount permitted under applicable law.
At any time after failure to pay, Rags to Riches can transfer your invoice, account, and any past-due payments to a collection agency or attorney. If any past-due payments are transferred to a collection agency or attorney, Rags to Riches shall be entitled to recover all costs and fees in collecting your past-due balance, including all reasonable attorneys’ fees.
No chargebacks of any kind are permitted.
If you charge back a payment made to Rags to Riches and Rags to Riches wins the dispute, you agree to pay a five-hundred-dollar ($500.00) administrative fee which is not a penalty but is instead ‘liquidated damages’ based on the estimated time, energy, and costs (such as labor) required to deal with your chargeback. You agree that these liquidated damages are reasonable and were negotiated by you and agreed to prior to agreeing to these Terms.
Section 6 –Refund Policy.
Except as provided by our Limited Money-Back Guarantee (as defined below) we do not offer refunds for our Course.
Once you gain access to our Course, you have the ability to copy, without our authorization, the content within our Course. Due to this, you agree that by purchasing our Course, you will have received the full benefit of the Course once opened. You agree that this clause was negotiated for prior to purchasing our Course and you read and understood this section in its entirety.
If you are unhappy with our Course, please contact Rags to Riches and we can discuss ways to improve your use of our Course. If you no longer wish to use your Course, you can simply stop using our Course.
Section 7 – Limited Money-Back Guarantee.
We offer the following “Limited Money-Back Guarantee”:
If you have signed up for and completed all requirements of our Course within 30 days of purchase, and do not believe that you received the quality of education that you had hoped to receive, we will refund to you all monies paid, less credit card and other transaction fees.
Course-requirements:
Form a legal entity for your cleaning business
Obtain an EIN and open a business bank account
Build a functioning website for your cleaning business
Obtain workers compensation and liability insurance
Download and subscribe to the required apps mentioned in the course training modules
Set up and run an advertising campaign on Google, Facebook, or Yelp.
Post a job ad on indeed to recruit and hire house cleaners
You must have signed up for, fully completed, and provided proof all Course-requirements (screenshots or screencasts are acceptable)
All Course-requirements must have been completed within 30 days of purchase; and
After completing all course requirements within 30 days of purchase, you notified us, in writing, of your dissatisfaction with our Course within 30 days of purchase.
Our Limited Money-Back Guarantee is also limited by the following:
The Limited Money-Back Guarantee is only applicable to one (1) purchase of our Course;
The Limited Money-Back Guarantee is non-transferrable; and
The Limited Money-Back Guarantee is not redeemable for cash, as your refund will be issued to the card you used on file.
Failure to meet all requirements of our Limited Money-Back Guarantee will preclude refund under this Section.
Section 8 - Rags to Riches Intellectual Property.
Please be advised that if you transfer, sell, or commercialize any of the content on our Website or our Course in any manner, except for your use(s) of our Course-Materials in connection with running or operating your cleaning business, this constitutes copyright infringement. Please also be advised that if you grant a third-party access to your Member Account, this will constitute a material breach of the license we have granted you to our Course.
The contents of our Course, including our Website and any other content and materials provided to you (herein “Course Materials”), are protected by United States and international copyright laws. Our Course Materials and other content are owned exclusively by Rags to Riches or licensed to us. You may not, and may not cause or encourage others to, reproduce, distribute, display, sell, transfer, assign, license or use for commercial purposes any copyrighted material (the “Intellectual Property”) without our prior written consent. All rights not expressly granted in these Terms are reserved to Rags to Riches.
Rags to Riches and its name, logos, slogans, or otherwise are trademarks or service marks ("Marks") of Rags to Riches. All rights in these Marks are reserved by Rags to Riches. You may not use any Rags to Riches-provided Marks or other logos or graphics, without our prior written consent.
Specifically, you have no right to use our Marks in connection with your house cleaning business as you are not associated or affiliated with Rags to Riches.
We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of our Website, Course, and other materials. This limited license does not include the right to: (a) republish, redistribute, transmit, sell, license, or download these materials except in connection with the use of our Course; or (b) modify, reverse engineer or create any derivative works based upon any of our content or Course Materials.
Any unauthorized use by you of our content or materials will give us the right to terminate your access to our Course immediately.
Section 9 – Consent and Opt-In to Receive Electronic Communications.
By purchasing our Course, you explicitly consent to receive electronic communications from Rags to Riches.
We may also send you promotional communications via email including but not limited to deals, offers, and specials on other courses we offer, if any. If at any time you do not wish to receive these promotional communications, you can opt out by contacting us at any of the methods listed on our website, including email, or text.
Section 10 – General Disclaimer.
OUR COURSE AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED 'AS IS' AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, RAGS TO RICHES AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, THIRD PARTY PROVIDERS AND AFFILIATES, EXCLUDE ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
WE EXPRESSLY DISCLAIM ANY LIABILITY FOR LOSS OR DAMAGE SUSTAINED BY YOU AS A RESULT OF USING OUR COURSE.
Section 11 – Limitation of Liability.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
WE DO NOT AND CANNOT GUARANTEE PERFECT AVAILABILITY OF OUR COURSE OR OUR WEBSITE. WHILE WE TRY TO KEEP OUR WEBSITE AND COURSE UP AND RUNNING AT ALL TIMES, THERE MAY BE SOME IRREGULAR PERIODS OF INACCESSABILITY DUE TO UPDATES, BUGS, CRASHES, OR OTHERWISE. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTIES, IN ANY MANNER, DUE TO AN INTERRUPTION IN AVAILABILITY OF OUR COURSE OR WEBSITE.
YOU AGREE THAT IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIFTY DOLLARS ($50.00).
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF OUR COURSE OR THESE TERMS MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
IF YOU ARE DISSATISFIED WITH OUR COURSE, YOU ARE NOT REQUIRED TO CONTINUE TO USE OUR COURSE. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
Section 12 – Indemnification.
You agree to defend, indemnify, and hold Rags to Riches, its agents, employees, directors, officers, owners, etc. harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any claim, action, or demand arising from (i) your misuse of our Course; (ii) your breach of these Terms; or (iii) your breach of Applicable law.
Section 13 – Privacy Policy.
This Privacy Policy explains how your Personal Information is used, shared, and is protected by Rags to Riches, and what choices you have relating to your Personal Information. In order to operate and provide the best experience on our Website and our Course, we may collect certain information about you. Below is our Privacy Policy with respect to your Personal Information.
Information We Collect:
Information Provided by You. You have provided us information through various means. We collect “Personal Information”, which identifies you as an individual. The information we collect may include the following: name, address, telephone number(s), email address(es), date of birth, age, location, country, payment/billing information, and inferences drawn from any or all of the foregoing. This information is collected directly from you when you sign up for an account on our Website or purchase our Course.
Information We Collect from You. We collect certain information automatically as you use our Website including your IP address, browser type, computer type, type of mobile device, mobile carrier, computer operating system, the site from where you navigated to our Website, the time and date of using our Website, how long you use (or have used) our Website, and the pages that you view.
Cookies. When you visit or use our Website or use our Course(s), we may send one or more “cookies” to your computer or other device. A cookie allows that site to recognize your browser. Cookies may store unique identifiers, user preferences, and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do, some Website features may not function properly without cookies.
Pixel Tags. We may use "pixel tags," which are small graphic files that allow us to monitor your use of our Website. A pixel tag can collect information such as the IP address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time the page containing the pixel tag was viewed; the type of browser that fetched the pixel tag; and the identification number of any cookie on the computer previously placed by that server.
How We Use Your Personal Information:
To Provide Services and Information. As described above, we collect or have collected information from you so that we can effectively offer our Course and other services to you, for data or analytic reasons, data trends, usage, to determine the effectiveness of our Course or campaigns, or any reasonable reason(s) now or hereinafter adopted.
Our Business Purposes. We may use your information for other reasons such as developing courses, sending marketing campaigns, enhancing, improving or modifying our Website or Course, new courses we offer, identifying usage trends, determining the effectiveness of our campaigns and any reasonable reason(s) now or hereinafter adopted.
Other Purposes. We may use non-Personal Information for other purposes, except when not permitted by applicable law. We may use analytics services on our Website to help us evaluate and analyze how clients use our Website.
How Your Information Is Shared:
Our Third-Party Service Providers. We may share your information with our third-party service providers, who provide services including, without limitation, website hosting, data analytics, payment processing, customer service, email delivery services, or other services that are used in connection with the Course that we offer.
Legal Requests or Requirements and to Prevent Harm. We reserve the right to disclose your Personal Information and any other information collected by you as required by law, to enforce these Terms, or when that disclosure is necessary to protect our rights, the rights of a third-party, or to comply with a judicial proceeding or otherwise.
Transfer of Your Personal Information. We reserve the right to transfer your information in the event of a sale of Rags to Riches.
Access to Your Information and Opt-Out.
Subject to applicable law, you may have the right to request access to and receive details about the Personal Information we have collected and maintain about you, update, and correct inaccuracies in your Personal Information, and have the Personal Information deleted. These rights may be limited in some circumstances by local law. We may take reasonable steps to verify your identity before granting access or making corrections.
You can opt-out of us using your Personal Information by sending us an email to the email listed on our Website or by unsubscribing on the communication you receive. If you send us an email, please be sure to provide (i) sufficient information that allows us to verify that you are the person whom we collected Personal Information; and (ii) sufficiently describe your request. Please note if your opt-out request is specific to a particular type of Personal Information.
Finally, we are not obligated to delete Personal Information if we are unable to verify that you are the person whom we collected Personal Information, if we have reason to believe that you are a bot and not a person, or for any other reason that indicates that you may not be the person whom we collected Personal Information.
We will endeavor to comply with your request(s) as soon as reasonably practicable, which may depend on the number of requests we have received at or around the time of your request. If we need additional time, which we reasonably expect to be completed within thirty (30) days, we will contact you in writing and inform you of the reason for the delay.
Section 14 – Your Content.
If you send submissions of any kind, with or without a request from us, including ideas, suggestions, or other materials, whether online, by email, or otherwise (“Submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, and otherwise use in any medium any Submissions that you forward to us.
We are and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation to you for any Submissions; or (3) to respond to any Submissions.
By submitting Submissions to us, you hereby transfer and assign any claim to any rights that you may have had in those Submissions and do so with full acknowledgment of the same. You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. We take no responsibility and assume no liability for any Submissions submitted by you.
Section 15 – FTC Disclosures and Testimonials.
On our Website, we may use testimonials or reviews from persons or entities that have received a financial benefit of some kind, whether free Course, discounts, or otherwise. We also may use financial benefits to generate testimonials or reviews. While some of the testimonials or reviews may be from persons with a financial interest in providing said testimonials or reviews, all testimonials or reviews are true and correct to our best belief and knowledge. Testimonials or reviews may be selected based on quality and how they make our Course appear.
Section 16 – General Provisions.
Entire Agreement. These Terms contain the entire agreement between you and Rags to Riches except for any Course-specific information found on our Website.
Waiver. The failure by Rags to Riches to enforce any provision of these Terms shall not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with every provision of these Terms.
Assignment. You may not assign, pledge, delegate, or otherwise transfer any of your rights or obligations under these Terms without Rags to Riches’ prior written consent.
Errors. Occasionally there may be information on our Website or these Terms that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, at any time.
Relationship. Nothing in These Terms shall create, or is intended to create an agency, employment, franchise, joint venture, or partnership relationship between you and Rags to Riches.
Force Majeure. Rags to Riches shall not be liable nor responsible for a failure to perform if it is prevented in performing those obligations or performance would be impracticable as a result of a Force Majeure. “Force Majeure” means acts of God, acts of the public enemy, wars, blockades, insurrections, riots, storms, floods, fires, washouts, power outages, theft, arrests, the order of any court or governmental authority, civil disturbances, explosions, and any other causes whether of the kind that are not foreseeable or are outside the reasonable control of Rags to Riches.
Applicable Law/Dispute Resolution. These Terms shall be governed by the laws of the State of Nevada. Except for non-payment by you, any dispute arising from these Terms shall be subject to binding arbitration in Las Vegas, Nevada. The governing rules shall be the rules, then-implemented, by the American Arbitration Association commercial division. Rags to Riches and you agree that any such final decisions may be presented to a court of competent jurisdiction for purposes of being confirmed as a judgment enforceable under the law in which that party is domiciled or where their headquarters are located.
Class Action Waiver. To the extent permitted by applicable law, you and Rags to Riches agree that any dispute arising out of these Terms or the Course(s) is personal to you and Rags to Riches and that any disputes, if any, will be resolved solely through individual arbitration (except for non-payment by you) and will not be brought as a class arbitration, class action or any other type of similar proceeding.
Severability. If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If an arbitrator or panel of arbitrators finds that any provision of these Terms are invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Section 17 – Questions?
If you have any questions or comments regarding these Terms, please feel free to contact us by email at the email listed on our Website.
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