Terms of Service

Effective Date: January, 01, 2024

1. Introduction and Acceptance of Terms

Welcome to Chachula Group, Inc. ("Company," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and the Company concerning your access to and use of our website, www.chachulagroup.com, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). The Site provides access to our consulting services, educational materials, books, merchandise, and class subscriptions (collectively, the "Services").

By accessing the Site or using the Services, you acknowledge that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, you are expressly prohibited from using the Site and Services and must discontinue use immediately.

2. User Eligibility and Accounts

The Services are intended for users who are at least eighteen (18) years of age. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements.

To access certain Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are solely responsible for safeguarding your account password and for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3. Products, Subscriptions, and Financial Terms

• Pricing and Payment: All prices are posted in U.S. dollars. We use a third-party payment processor to handle financial transactions. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. We may change our prices at any time, but changes will not affect any order you have already placed. For subscriptions, we will provide reasonable notice of any price changes before your next renewal.

• Subscriptions: Services offered on a subscription basis will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Your Subscription will automatically renew under the exact same conditions unless you cancel it or the Company cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting customer support.

• Cancellations and Refunds:

  • Physical Goods: We accept returns of physical merchandise within thirty (7) days of the purchase date for a full refund, provided the items are returned in their original, unused condition. Return shipping costs are the responsibility of the user.

  • Digital Products: All sales of digital products, including but not limited to e-books and downloadable course materials, are final and non-refundable.

  • Subscriptions: Cancellation of a subscription will be effective at the end of the current Billing Cycle. No refunds or credits will be provided for partial subscription periods or unused Services.

  • Consulting Services: The terms of engagement, payment, and refunds for consulting services shall be governed by a separate, written consulting agreement between you and the Company.

4. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use only. This license does not include any resale or commercial use of any Service, or its contents. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our prior written consent.

5. Prohibited Conduct

You agree not to use the Site or Services to:

• Violate any applicable national, federal, state, local, or international law or regulation.

• Transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

• Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

• Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability.

• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

6. Disclaimer of Warranties

The Site and Services are provided on an "as is" and "as available" basis. The Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free.

7. Limitation of Liability and Indemnification

To the fullest extent permitted by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, any content on the Site, or such other websites or any Services, including any direct, indirect, special, incidental, consequential, or punitive damages.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

8. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Dallas County, Texas. All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action.

9. General Provisions

• Entire Agreement: These Terms and our Privacy Policy constitute the sole and entire agreement between you and Chachula Group, Inc. regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

• Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

• Waiver: No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

• Changes to Terms: We reserve the right to revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.

10. Contact Information

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to:

Chachula Group, Inc.

michael@chachulagroup.com

818-466-9400