TERMS OF AGREEMENT: The Interior Designer’s Guide to Construction Management

deVignier design, inc.

By clicking “I Agree” and entering your credit card information, you (“Client”) are entering into a legally binding agreement with deVignier design, inc. a Delaware corporation (“Company”), according to the following terms and conditions:

COMPANY’S SERVICES. Upon execution of this Agreement, electronically, verbally, written or otherwise, the Company agrees to render services related to education, seminar, consulting, and/or coaching as set forth on the website (the “Program”). The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client. Parties agree that the Program is in the nature of consultation, coaching and education. The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the Program. Company reserves the right to substitute services equal to or comparable to the Program for Client if the need arises.

FINANCIAL OBLIGATION. Client is responsible for the completion of all payments associated with your purchase. All payment plans are charged 30 days apart, they are charged automatically without prior notification or consent, until your payment plan is complete. If payments are not made on a timely basis we reserve the right to revoke access to the Program and no refund will be made for previous payments made. You will be notified by email if your payment does not go through. After a 3rd notification is sent, or a total of 7 days since your payment has failed, and your payment is still overdue your access will be revoked to the Program. To regain access to the Program you will need to first pay any overdue payments in full. The company reserves the right to charge a 5% (five-percent) late penalty to all balances that are not paid by client within 7 days of the due date.

REFUNDS. Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee. Client may request a refund within 48 hours of purchase. A full refund will be provided only if an email was received to [email protected] within 48 hours of purchase.

EXPIRATION & MODIFICATION, COURSE: Client will have access to the course deliverables (videos and downloads) forever. At a point in time they may be asked to download the materials to their computer due to maintenance of platform or change of platform. Access to the Designer Community forum is guaranteed so long as it is still a part of the course offering. At any time, Company may reserve the right to remove the Designer Community forum from the program package, or stop providing the course all together. In the event of that happening, Company will continue to facilitate the Designer Community forum so you will be provided with at least 12 months access after your original purchase. 

EXPIRATION & MODIFICATION, VIP PROGRAM: Client will have access to the VIP live calls & call recordings only for the duration of time that you purchase for (6 months = 180 days, or 12 months = 365 days). At the end of the duration, your access to the VIP program will be removed.

AVAILABILITY. Company works in Eastern Standard Time of the United States.

CHARGEBACKS AND PAYMENT SECURITY. To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates set forth herein. If Client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any charge backs to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on charge backs and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.

NO RESALE OF SERVICES PERMITTED. Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferrable or assignable without the Company’s prior written consent.

NO TRANSFER OF INTELLECTUAL PROPERTY. Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of Company’s intellectual property for Client’s business purposes other than those intended by the course (as outlined on the salespage of the course). Client may not utilize Company’s intellectual property to produce a course, training, platform or any other one-to-many offer in the realm of construction. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.

LIMITATION OF LIABILITY. By using Company’s services and enrolling in the Program, Client releases Company, its officers, employers, directors, and related entities from any and all damages that may result from anything and everything. The Program is only an educational/coaching service being provided. Client accepts any and all risks, foreseeable or unforeseeable, arising from such transactions. Regardless of the previous paragraph, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of: (a) the total fees Client paid to Company in the one month prior to the action giving rise to the liability, and (b) $1000. All claims against the Company must be lodged with the entity having jurisdiction within 100 days of the date of the first claim or otherwise be forfeited forever. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Client agrees that use of Company’s services is at Client’s own risk.

DISCLAIMER OF GUARANTEE. Client accepts and agrees that she/he is 100% responsible for her/ his progress and results from the Program. Client accepts and agrees that she/he is the one vital element to the Program’s success and that the Company cannot control Client. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same results.

PROGRAM RULES. To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients. Client agrees to abide by any Program Rules/Regulations presented by Company. The failure to abide by course rules shall be cause for termination of this Agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.

USE OF PROGRAM MATERIALS. Client consents to recordings being made of courses and the Program. Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, materials submitted by Client in the context of the course(s), comments made in the course group and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client. Client consents to its name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client.

NO SUBSTITUTE FOR MEDICAL TREATMENT. Client agrees to be mindful of his/her own well-being during the course and seek medical treatment (including, but not limited to psychotherapy), if needed. Company does not provide medical, therapy, or psychotherapy services. Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.

TERMINATION. In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Company, Client shall be barred from using any of Company’s services. Client may terminate their membership at any time and will retain access to course materials as detailed in EXPIRATION & MODIFICATION above.

CONFIDENTIALITY. The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs. Company agrees not to disclose, reveal or make use of any Confidential Information learned of through its transactions with Client, during discussion with Client, the coaching session with Company, or otherwise, without the written consent of Client. Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

NON-DISPARAGEMENT. In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.

INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.

CONTROLLING AGREEMENT. In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company’s representatives, or employees, the provisions in this Agreement shall be controlling.

CHOICE OF LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the state of Delaware, pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.

ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties. 

SURVIVABILITY. The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.

SEVERABILITY. If any of the provisions contained in this Agreement, or any part thereof, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.

OTHER TERMS. Upon execution by clicking “I agree,” or emailing a statement of agreement, or signing below, or on the reverse of this document, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT.

A facsimile, electronic, or e-mailed executed copy or acceptance of this Agreement, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.

Last updated: May 10, 2023