PUBLIC OFFER OF SERVICE PROVISION Last update: 02/2024
The current Public Offer of Service Provision is made by SHIPPOINT L LLC EIN Number 85-3482020, Principal Address1025 E HALLANDALE BLVD, hereinafter referred to as the “the Contractor” to the unlimited circle of natural persons and legal entities. If accepted, it leads to forming an agreement between the Contractor and the person who accepted the Public Offer (hereinafter referred to as “the Client”). The Contractor and the Client are collectively referred to as “the Parties”. The provisions of the current agreement being formed in this case shall be subject to the provisions hereof. Now therefore the Parties agree as follows:
ARBITRATION NOTICE/CLASS ACTION WAIVER: PLEASE REVIEW THAT OFFER CAREFULLY. YOU AGREE THAT DISPUTES BETWEEN YOU AND SHIPPOINT L LLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION (INCLUDING CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THAT OFFER), AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION OR A TRIAL BY JURY. THAT OFFER EXPLAINS SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION. BY AGREEING TO THAT OFFER, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Please carefully review that document. If you do not agree, do not access and/or use the Website. If there is a conflict between that Offer and any other terms and conditions covering a specific area of the Services, the latter terms and conditions shall control unless they expressly state otherwise.
The Program of Services that means the established program of the Contractor's services, which is indicated on the Website as a course or webinar or another type of online services.
No Guarantee of Success; No Warranties. Though SHIPPOINT L LLC aims to create positive outcomes for its clients, neither SHIPPOINT L LLC, nor its officers, members, consultants, employees, agents, affiliates, or licensees can guarantee any particular outcome or represent that a Client will necessarily achieve their desired outcome. Accordingly, Client understands and agrees that neither SHIPPOINT L LLC, nor its officers, members, consultants, employees, agents, affiliates, or licensees is in any way responsible for any negative outcome resulting from any SHIPPOINT L LLC service. Without limiting the foregoing SHIPPOINT L LLC provides the Website and its Services on an “as is” basis and does not make any warranty, express, implied, limited or otherwise with respect to the services provided.
1. SUBJECT MATTER AND GENERAL PROVISIONS
1.1. The subject of this Offer is the provision to the Client of information and consulting services specified in chosen by Client Program of Services set out on the Website (together referred to as the "Services"). The Client has the right to choose any Program of Service.
Services include one of the programs that describe on the Website in chosen.
The Program of Services (which means the course or webinar or another) is deemed to be purchased when the client has purchased and chosen it by name. The price of each Program of Services is determined on the Website.
1.2. The content, terms of provision and the price of the Services, along with other information, are published on the Internet at
https://vgonzalez.us/ (hereinafter referred to as Website) . The procedure of service provision and payment is indicated in the current Offer.
1.3. In accordance with the terms of the Offer, once the agreement is formed, the Contractor undertakes to render the Services, while the Client undertakes to pay for the Services.
1.4. The Contractor is entitled to engage co-Contractors (sub-Contractors) and other third parties to render the Services at the Contractor’s own discretion and/or without the Client’s consent.
1.5. The Services under this Offer are limited to provision of information to the Client and formation of skills for its independent use.
1.6. The form of services provision is remote, via the Internet through the software. The duration of the every Program of Services is specified on the Website.
1.7. The Services shall be paid for electronically, including Internet payments, WhatsApp, cryptocurrency transfer or any other messaging application or audio/video communication system that the Contractor should elect to use.
1.8. The Client agrees to his/her personal data processing by the Contractor within the scope required for the undertaking under the Offer. By accepting this Offer, the Client also agrees to communication recording and storage for further internal use by the Contractor for the purpose of Services fulfillment and Services quality improvement. Contractor acts fully in compliance with the USA Data Protection legislation and will take all reasonable steps to avoid data loss or unauthorized use. The regulation of the processing and obtaining of personal data is specified in the Privacy Policy published at https://online.vgonzalez.us/privacy_policy
1.9. The Contractor does not provide legal services. It is also presumed (unless indicated otherwise) that the Contractor, as well as the third parties engaged by the Contractor to render the Services, are not immigration attorneys.
1.8. In accordance with the U.S. laws, the following actions shall be understood as a full and unconditional acceptance of this Offer (and that, in aggregate, constitute an acceptance of this Offer):
a) Perusal and familiarization of oneself with the terms of this Offer;
b) Making a 100% prepayment for the ordered Program of Services on the terms indicated in this Offer. If the Client makes a prepayment, it shall be presumed that he or she has perused and familiarized himself/herself with the terms of this Offer.
c) Making a part payment for the ordered Program of Services in accordance with the terms of this Offer and selected payment terms by the Client on the Website.
1.9. By accepting this Offer in accordance with the procedure set forth hereinabove, the Client agrees to all its terms as set out in the current Offer constituting the integral part of the Agreement. At the same time, the Client is entitled to clarify the terms of the Offer by communicating with the Contractor’s authorized personnel.
1.10. By accepting this Offer, the Client thus expresses, on his/her own behalf or on behalf of other individuals interested in the Services indicated herein, his/her agreement with the fact that the indicated terms do not infringe upon the legal rights of the Client.
1.11. By taking the relevant actions to accept this Offer, the Client guarantees that he/she has the legal right to enter into such an Agreement with the Contractor.
1.12. The Offer shall be published on the website of the Contractor at
https://vgonzalez.us/The Contractor is entitled to amend the terms of this Offer at any time. The amendments to the terms of the Offer shall become effective from the moment they are published on the Website.
1.13. The Offer may be withdrawn by the Contractor at any time. Until that moment, the period for acceptance by the Client is unlimited.
1.14. In case of technical errors on the Website (for example, incorrectly indicated prices), the Contractor shall inform the person who indicated their willingness to accept the Offer and clarify the terms of the Offer. In this case, the person who indicated their willingness to accept the Offer shall regard the indicated written communications from the Contractor’s authorized personnel as the source that contains the correct terms of Service provision.
1.15. The Contractor shall provide access to the Services by sending them to the Client’s e-mail specified when registering on the Contractor's Training Website or Website, as well as by placing them in the Contractor's Personal Cabinet.
2. PRICE OF SERVICES AND SETTLEMENT PROCEDURE
2.1. The price of the Contractor’s Services and the acceptable methods of payment are indicated on the Website.
2.2. The Services shall be paid for in the form of a 100% (one hundred percent) prepayment in compliance with the procedure set forth in this Offer, unless another way is provided herein on the Website.
2.2.1. Services may be paid for by internal installments provided on behalf of the Contractor. The terms and conditions of the installment payment are permanently specified in the Client's personal account. The Client agrees to the installment terms when purchasing the Services.
2.3. The Contractor cannot change the price of the Services for a specific Client that are already paid for, if the Client has already entered into Agreement with the Contractor and has paid for the Services in compliance with the procedure set forth herein.
2.4. The moment of payment is the moment when the relevant funds are credited into the bank account of the Contractor.
2.5. The Client shall be responsible for making the payments in a correct manner.
2.6. If necessary, the Parties shall use the exchange rate of the bank the Contractor chooses for currency sales on the date of payment.
2.7. The Client is entitled to pay for the Services using any of the following methods:
a) Transfer of monetary funds in US dollars to the bank account of the Contractor (or in foreign currency in compliance with the current laws). In this situation, the obligation of the Client to make payments under the Offer shall be considered fulfilled from the moment when the relevant sum is debited from the bank account of the Client by the bank of the Client.
b) Transfer of monetary funds via other payment systems indicated by the Contractor.
2.8. Depending on the method of payment selected by the Contractor, an operational fee may be charged. By electing the method of payment, the Client agrees to the relevant operational fee.
2.9. The Services shall be provided in full on the condition that they have been paid for in full by the Client.
2.10. None of the Services purchased by the Client guarantee to the Client:
a) Generate or increase income
b) Create their own product or business
2.11. If the Client does not pay 100% of the set price by 23:59 of the stream start day specified on the Contractor's Website, the accesses are not provided.
2.12. If the Client pays for the Services in part according to the terms of the internal installment plan, access is granted only to the paid part of the Service. If the Client fails to prepay a part of the Services, the Contractor is entitled not to provide access to the unpaid part of the Services.
2.13. The refund to the Client can be made by the Contractor not later than the day of the start of Services.
2.14. The Client shall submit to the Contractor a duly executed and completed written Request for cancellation of the contract and refund of funds in the form established by the Contractor, by e-mail of the Contractor specified in the details of this Offer. Submission of the application shall be made from the Client's mail specified by him when registering on the Website
2.15. Full refund to the Client shall be made after deduction of the actual costs of the Contractor (commission fees of banking, credit organizations and relevant payment systems for receipt of funds from the Client and for making refund to the Client).
2.16. A partial refund to the Client shall be made less:
- the cost of services actually rendered by the Contractor until the moment of receipt by the Contractor of the Request for partial refund;
- other actual costs of the Contractor, including, but not limited to, commissions of banking, credit organizations and relevant payment systems for receipt of money from the Client and for the return of money to the Client.
The cost of services actually rendered by the Contractor until the moment of receipt by the Contractor of the Request for Refund is calculated in proportion to the percentage of open material (as well as all webinars held) in relation to the total content of the Program of Services ("Program - 100%").
2.17. In case of receipt of the Request for Refund from the Client, all accesses provided to the Client under this Offer shall be terminated for the Client.
The date of termination of the contract upon submission of the Request for full or partial refund shall be the date of blocking of the accesses provided to the participant.
3. RIGHTS AND LIABILITIES OF PARTIES
3.1. The Client undertakes to:
a) Pay for the Services in compliance with the procedure, amount and in the time frame indicated in the current Offer;
b) Comply with the Privacy Policy and other agreements indicated on the Website, as well as to observe the rules of common courtesy, treat the Contractor and the third parties engaged by the Contractor, other Clients with respect and courtesy;
c) Submit all required documents and information to the Contractor in a timely manner;
d) Not use the information received from the Contractor in ways that could infringe on the interests of the Contractor.
3.2. Inform the Contractor of any desired changes in the dates and times of any of the Services at least 3 (three) business days in advance.
3.3. Accept the Services rendered by the Contractor if they are in line with the description in the current Offer or on the Website, with the Website having prevalence.
3.4. If the Client has a complaint concerning the Services rendered, the list of complaints must be sent to the Contractor in writing within 3 (three) business days from the moment when the relevant Service was rendered.
3.5. The Client’s refusal to accept the Services rendered must be supported by material evidence of Contractor’s failure to complete the Services as described in the Offer. Contractor cannot be responsible for failure to achieve the desired result due to actions or omissions of third parties.
3.6. If within 3 (three) business days from the moment that a Service was rendered the Client does not declare his/her refusal to accept it supported by material evidence, the Services rendered by the Contractor shall be considered fully and properly accepted.
3.7. The Contractor undertakes to:
a) Organize and ensure proper provision of the Services in line with the current Offer;
b) Use all personal information and other confidential information about the Client for the sole purpose of Service provision in line with the Privacy Policy indicated on the Website. This may include transfer of information to third parties, as requisite to the Service provision.
3.8. Respect the Client, prevent any physical or psychological violence, not violate the rights of the Client to freedom of conscience, information, expression of personal opinions or beliefs.
3.9. Provide written consultations to the Client, should the Client have any additional questions (wherever this is required for the provision of certain Services – provide verbal consultations). The complexity of the issue, the scope and timeframe of the consultations shall be determined separately for each case by the Contractor.
3.10. The Client is entitled to:
a) Request from the Contractor information concerning Services provision;
b) Require proper and timely provision of the Services by the Contractor. Should the Contractor fail to start the provision of the Services in due time, or if it becomes evident during the provision of the Services that they will not be rendered in due time, and also in case of failure to render the Services on time, the Client can, at the Client’s own discretion:
b1) Set a new timeline for the Contractor during which the Contractor must start the provision of Services and/or complete the provision of Services;
b2) Terminate the Agreement
3.11. The Contractor is entitled to:
a) Independently determine the forms and methods of Service provision based on the requirements of the applicable law and in accordance with the specific terms of the Offer with consideration of the Client’s personal preferences;
b) Independently determine the evaluation system for Service provision, applicable forms and procedures;
c) Independently select specialists who will perform the Services and distribute the work amongst them at the Contractor’s own discretion;
d) Require payment for the Services provided;
e) Terminate the Offer provided that the Client shall be fully refunded in accordance with the U.S. laws for the Services that were not provided with nonrefundable costs deducted;
f) Refuse Service provision in cases when the Client informs the Contractor of the appointed date and time less than 3 (three) business days in advance of Service provision;
g) Receive any information from the Client pertaining to the performance of the Contractor’s obligations under this Offer. Should the Client fail to provide information or provide incomplete or incorrect information, the Contractor is entitled to suspend the performance of the Contractor’s obligations hereunder until the requisite information is provided.
3.12. The Contractor has the right to use photo and video materials obtained during filming conducted at public locations, in educational institutions, at public events organized by the Contractor (meetings, workshops, conferences) without obtaining additional written consent for publication from the Client.
4. FORCE-MAJEURE
4.1. The Parties shall be relieved of liability for full or partial non-performance of the obligations hereunder in cases when such non-performance results from circumstances of insuperable force, specifically: fire, flood, earthquake, strike, war, actions of government authorities or from other circumstances beyond the Parties’ control.
4.2. The Party who cannot perform its obligations hereunder must, within 10 calendar days from the moment of occurrence of circumstances of insuperable force, inform the other Party in writing and provide the relevant confirming documents issued by competent authorities.
4.3. The Parties agree that any Party’s inability to pay shall not be recognized as an instance of force-majeure.
4.4. In case of occurrence of the circumstances indicated in hereinabove, the term of performance of the relevant Party’s obligations shall be extended proportionately to the duration of the circumstances of insuperable force or their relevant consequences.
5. INFORMATION EXCHANGE
For the purposes of this Offer, the following means of information exchange between the Client and the Contractor are considered acceptable:
5.1. Communication via messenger systems to which links are provided on the Website.
5.2. Communication via the online chatroom on the Telegram, Whatsapp.
5.3. Other means of communication that the Client and the Contractor shall agree upon via the means of communication indicated hereinabove, regardless of the moment when such an agreement was reached – both prior to and after such exchange.
6. DISPUTE RESOLUTION
6.1. The Parties agree to observe pre-judicial (out of court) procedures for dispute resolution. The Parties agree to respond to the relevant claims within 30 (thirty) business days from the date of their receipt by the relevant Party.
6.2. Both the Agreement and the Offer are regulated by and must be interpreted in compliance with the laws of the United States, state of Florida.
7.SUPPLEMENTARY PROVISIONS
7.1. All Annexes to this Offer are its integral parts and shall be published on the Website.
7.2. In case of any discrepancies between the provisions of the Offer and the provisions of the Annexes hereto, the text of the provisions of the Annexes hereto shall prevail.
If a natural person or a legal entity accepts this Offer, they imply that the terms of the Offer are clear and comprehensible for them and act in full understanding that they may ask for clarification of the provisions hereof before accepting the Offer.
7.3. The Contractor is not responsible for the Client's subjective expectations of the webinar/materials/masterminds/ live broadcasts or any other component of the training services.
In the event that for any reason the Contractor fails to commence the services or the services are not delivered in a timely manner, the Contractor's liability for the breach of Contract shall be limited solely to:
7.3.1. extending the time limits for the provision of services, or
7.3.2. provision of services in new terms until the Contractor has fully fulfilled his obligations under the Contract, or
7.3.3. return of money less the cost of actually rendered services.
7.3.4. The Contractor's aggregate liability under this Offer for any claim or action shall be limited to the amount of the payment made to the Contractor by the Client in fulfilment of this Offer.
7.4. By accepting this offer, the Client agrees to send and receive newsletters and advertising materials/messages from the Contractor, or from other persons on behalf of the Contractor, to the e-mail address and contact phone number specified by the Client when registering on the Site.
Consent to send and receive newsletters and advertising materials/messages from the Contractor can be withdrawn by the Client at any time by sending a notice to the Contractor to the e-mail address of the Contractor specified in the details of the Offer.
7.5. By accepting this offer, the Client gives his consent to the use by the Contractor on a gratuitous basis in Instagram Stories, Instagram posts in the Contractor's accounts, and on the Contractor's websites:
- his image as a photo of the Client (avatar),
- his video image (video image),
- his/her name and feedback about the online course or other services of the Contractor, received by the Client
8. INTELLECTUAL PROPERTY
8.1. The website contains the results of intellectual activity belonging to the Contractor.
Webinars and course listings, materials and assignments, as well as other information and practices provided to the Client within the framework of this contract are the object of intellectual property of the Contractor and/or its involved sub-executors.
All rights to the information materials provided for access as a whole and to its individual elements belong to the Contractor and/or its engaged sub-executors, the materials are provided to the Client under a non-exclusive license without the right to transfer to third parties.
8.2 By using the Website, the Client acknowledges and agrees that all the content of the Website and the structure of the content of the Website, the Contractor's training platform, the content of the Contractor's services are protected by copyright, other rights to the results of intellectual activity, and that the said rights are valid and protected in all forms, in all media and in relation to all technologies, both existing now and developed or created subsequently. No rights to any content of the Website, the content of the Contractor's online course, including but not limited to audiovisual works, text and graphic materials, computer programs are transferred to the Client as a result of using the Website, the Contractor's learning platform, the content of the Contractor's services and entering into this agreement.
8.3 When quoting materials of the Website, the training platform of the Contractor, the content of the services and webinars of the Contractor, if it is directly provided by the functions of the Website, training platform, the Client undertakes to indicate a link to the Website of the Contractor / clickable link of the Contractor in the social network Instagram in the click field.
8.4 The use of the Website, the Contractor's training platform, and the content of the webinars and services of the Contractor is limited by the Client's obligation to refrain from:
- reproducing, repeating, copying, selling and assigning or using for any commercial purpose any material provided under this Offer,
- recording of webinars, consultations, text and other materials and content of the online course for the purpose of their distribution (including in the form of posting on the Internet, including for a fee and without payment, for transfer to the collective/share ownership "folding", "plums", "torrents" and similar "distribution of materials");
- retransmission (including paid) webinar for persons who have not signed a contract with the Contractor for the provision of services;
- transfer to any third parties without the written permission of the Contractor logins and passwords, online course materials and content of the training platform, accesses provided for use by the Contractor to the Client under this offer;
- creation of third-party chats with participants of the online course in any social networks and messengers (e.g. WhatsApp, Telegram and other social networks).
All the above mentioned obligations of the Client to refrain from specific actions are direct prohibitions of the Executor to carry out specific actions specified in this paragraph by the Client.
CONTACT
SHIPPOINT L LLC EIN Number 85-3482020,
Principal Address1025 E HALLANDALE BLVD
support@vgonzalez.us 