Terms and Conditions

These terms and conditions of sale (“Agreement”) sets forth the legally binding terms for your purchase of Hvshi Lighting (“SMS”) products and/or services indicated on this order form.

The Services. Your purchase may include different components, including ebooks, videos, audio, manuals, self-study programs, webinars, coaching, masterminding, training courses, workshops, and/or other products and services, as indicated on your order form. You agree not to share login information, call-in numbers, passwords, and protected links with anyone.

Payment. Actual payment terms may vary, and will be indicated on your order form. You agree to pay the purchase price and not to cancel this transaction with your bank or credit card company. SMS is not responsible for any overdraft charges, over limit charges, or NSF fees by your bank or credit card company. Fees for Services may be pre-paid. Missed payments may result in suspension or termination of Services. If after 30 days from a missed payment you have not made arrangements with SMS to make up the payment, your Services will be cancelled and no fees will be refunded. SMS does not guarantee any specific results from use of the Services. SMS makes no representations or warranties as to specific outcomes or results. Unfortunately, SMS cannot guarantee that you will become or remain happy, rich, healthy, or successful. Interest shall accrue at the lesser of 2.0% per month or the maximum amount permitted by applicable law (“Late Fee”) for any fees that remain unpaid beyond any due dates. In the event of a dispute made in good faith as to the amount of fees, you agrees to remit payment on any undisputed amount(s); and, the Late Fee shall not accrue as to any disputed amounts unless not paid within thirty (30) calendar days after said dispute has been resolved by both parties. You shall have sixty (60) days from the payment by you of any fees due under this Agreement to notify SMS of any errors in payment of fee by you. If you does not notify SMS within the sixty (60) day time period, you shall be deemed to have accepted without question such fee payment and may not in the future contest the amount you paid or seek reimbursement for any discrepancies. Upon receipt of notice, SMS shall have thirty (30) days to correct any errors. If an payment or other default occurs by you such as you ceasing to participate in the program, all unpaid payments then outstanding shall automatically become due and payable without any declaration or other act on the part of SMS.

Refund Policy. All payments are final. No refunds are given.

Promise. We want you to succeed and build your dream agency. In order to support you we offer a bold guarantee. To qualify for any guarantee, you must put 100% of your best effort forward and put in all the work as instructed. You will be responsible for taking action and following our Hvshi Lighting Daily tasks shared inside our program, you must show up and have 100% attendance to all coaching sessions each week, show up to all masterminds or extra incentive sessions so you are never falling behind, show proof you have completed everything we have taught which included completing all the online materials & videos, and if you fall behind you will immediately notify a G$D Coach to help assist you. If you have followed all of our training, and show up, and still fall short. We will have a few options: help you get to your goals and continue to coach you. The revenue guarantee is total sales revenue of twenty thousand dollars. Your profit margins are up to you. Our mutual goal is to get you there!

Term. This Agreement will stay in force and effect until the end of the term indicated on your order form. Failure to pay required fees may result in SMS terminating the Agreement prior to the end of the term, and discontinuing your access to SMS Services. Your use of the SMS members' website(s) or Services after your termination may extend the term of this Agreement and may cause you to incur additional fees.

Pause Membership: You may request to pause your membership one time during the term of the contract for no more than 30 days as long as the request is mutually agreed upon the Parties. When this occurs, your membership fees will be collected during that period and you will be extended time on the back end during such pause. You will have access to the online portals, our IP, blue prints and more during that time. No direct zoom, 1-1 or group coaching will be provided during a pause period.

Earnings Disclaimer. SMS cannot and does not guarantee or promise any level of earnings unless expressly stated in writing and signed off with a signature from an SMS officer of the company. Your level of success in attaining results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name a few. Because these factors differ among clients, SMS cannot and does not guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and your business. It should be clear to you that by law SMS makes no guarantees that you or your clients will achieve any results from our ideas or models presented by SMS, and SMS offers no professional legal, medical, psychological or financial advice.

Disclaimer of All Warranties. EXCEPT AS SPECIFICALLY PROVIDED BY SMS, THE SMS SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. SMS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, TO INDEPENDENT CONTRACTOR AS TO ANY MATTER WHATSOEVER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SMS OR ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF SMS’s OBLIGATIONS.

Audio/Video Release. I authorize SMS to use my story as a testimonial and further agree to allow the use of my voice, photo, and likeness captured in any programs via photograph, audio or video, using any technology known or unknown, to be used for future products and/or marketing without compensation to me. I waive any right I may have to inspect and/or approve any photographs, audio, or video of myself. I understand and agree that all recordings are exclusive rights of SMS and I do not ask for or expect compensation for the use of the recordings or photographs in which I appear or speak. SMS owns all rights of any audio, video, and/or photographs captured during the performance of this agreement.

Relationship. Nothing contained in this Agreement shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other; (ii) deem the parties to be acting as partners, joint venturers, co-owners or otherwise as participants in a joint undertaking; or (iii) allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever. It is understood and agreed by the parties that you are an independent contractor with respect to SMS. Neither you nor your employees, consultants, contractors or agents are agents, employees, partners of SMS. You are not an agent, employee, partner or joint venture of SMS, nor does you have any authority to bind SMS by contract or otherwise to any obligation. Under no circumstances will you represent to the contrary, either expressly, implicitly, by appearance or otherwise. SMS will not provide, and you shall not be entitled to any benefits SMS provides to its employees, and shall take out his/her own civil liability and/or professional insurance, disability insurance, paid vacation, paid holidays, pension or any other employee benefit.

Modification. SMS may modify this Agreement from time to time and such modification shall be effective upon posting on the SMS or any of its’ Websites. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Assignment. You may not, without the prior written consent of SMS, assign this Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so shall be a material default of this Agreement and shall be void. SMS’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by SMS.

Third Party Beneficiaries. This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.

Governing Law. This Agreement shall be interpreted according to the laws of the State of California without regard to or application of choice-of-law rules or principles.

Waiver. No failure of either party to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches.

Severability. In the event any provision of this Agreement is held by a court of other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they begin negotiations for a suitable replacement provision.

Force Majeure. If either party is prevented from performing any of its obligations under this Agreement due to any cause beyond the party's reasonable control, including, without limitation, an act of God, fire, flood, explosion, war, strike, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, vandals, or hackers (a "force majeure event") the time for that party's performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from the payment of any sums of money owed by you to SMS; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.

Construction. This Agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting this Agreement in construing or interpreting the provisions hereof.

Remedies. Except as provided herein, the rights and remedies of SMS are set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity.

Binding Effect. This Agreement shall be binding upon and shall insure to the benefit of the respective parties hereto, their respective successors-in-interest, legal representatives, heirs and assigns.

Damage Waiver. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY HEREUNDER FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR OTHER SIMILAR DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR EXEMPLARY OR PUNITIVE DAMAGES. UNDER NO CIRCUMSTANCES SHALL SMS’ TOTAL LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED ONE THOUSAND DOLLARS ($1,000.00) REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE.

Intellectual Property. “Intellectual Property” means all of the following owned by a SMS: (i) trademarks and service marks (registered and unregistered) and trade names, and goodwill associated therewith; (ii) patents, patentable inventions, computer programs, and software; (iii) databases, marketing materials, online content, content of any presentations or seminars; (iv) trade secrets and the right to limit the use or disclosure thereof; (v) copyrights in all works, including software programs and marketing materials; and (vi) domain names. The rights owned by SMS in its Intellectual Property shall be defined, collectively, as “Intellectual Property Rights.” Other than the express licenses granted by this Agreement, SMS grants no right or license to you by implication, estoppel or otherwise to the SMS services or any Intellectual Property Rights of SMS. SMS shall retain all ownership rights, title, and interest in and to its own products and services (including in the case of SMS, in the SMS Services) and all intellectual property rights therein, subject only to the rights and licenses specifically granted herein. SMS (and not you) shall have the sole right, but not the obligation, to pursue copyright and patent protection, in its sole discretion, for the SMS services and any Intellectual Property Rights incorporated therein. you will cooperate with SMS in pursuing such protection, including without limitation executing and delivering to SMS such instruments as may be required to register or perfect SMS’s interests in any Intellectual Property Rights and any assignments thereof. You shall not remove or destroy any proprietary, confidentiality, trademark, service mark, or copyright markings or notices placed upon or contained in any materials or documentation received from SMS in connection with this Agreement.

Opt In. Providing the information on the other side of this form gives SMS permission to communicate with you by email, Messaging Platforms, Voice Memo platforms, Facebook, or phone to relay special offers, announcements and information.

Mediation. All disputes arising under or in connection with the Agreement will initially be referred to the senior executives of each party. The senior executives will use their best efforts to resolve the dispute informally and amicably. If, after negotiating for thirty (30) days (or for some longer period if the parties agree), no resolution of the dispute is reached by the senior executives, the parties will submit the dispute to binding arbitration in California pursuant to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and the procedures set forth below.

Governing Law; Waiver of Jury Trial; Arbitration. This Agreement will be governed by and construed in accordance with the laws of the State of California without reference to conflict of law provisions. Any action, proceeding, arbitration or mediation relating to or arising from this Agreement must be brought, held, or otherwise occur in the federal judicial district that includes California. PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. Any claim, dispute or controversy ("Claim") by either you or SMS against the other, or against the employees, agents, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other, arising from or relating in any way to this Agreement or to our relationship, including Claims regarding the applicability of this arbitration clause or the validity of the entire Agreement, shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association, under its Commercial Arbitration Rules in effect at the time the Claim is filed, except as otherwise provided below. All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law. Claims and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis. The arbitration will be conducted before a single arbitrator and will be limited solely to the Claim between Merchant and Company. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. If either party prevails in the arbitration of any Claim against the other, the non-prevailing party will reimburse the prevailing party for any fees it paid to the American Arbitration Association in connection with the arbitration, as well as for any reasonable attorneys' fees incurred by the prevailing party in connection with such arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. Any arbitration hearing at which you appear will take place at a location within the federal judicial district that includes California. This arbitration agreement applies to all Claims now in existence or that may arise in the future. Nothing in this Agreement shall be construed to prevent any party's use of (or advancement of any Claims, defenses or offsets in) bankruptcy or repossession, replevin, judicial foreclosure or any other prejudgment or provisional remedy relating to any collateral, security or other property interests for contractual debts now or hereafter owed by either party to the other. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND SMS MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR A JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS), BUT EXCEPT AS OTHERWISE PROVIDED ABOVE, THOSE RIGHTS, INCLUDING ANY RIGHT TO A JURY TRIAL, ARE WAIVED AND ALL CLAIMS MUST NOW BE RESOLVED THROUGH ARBITRATION.

Indemnity. You agree to indemnify and hold SMS, its subsidiaries and affiliates, and their officers, agents, attorneys and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by you or any third party due to or arising out of: this Agreement, your use of the Services, a breach of this Agreement, any breach of your representations and warranties set forth above, and/or if any content that you post using the Services causes SMS to be liable to another.

Voidability. Your failure to use the Services after purchase does not void any part of this agreement.

Entire Agreement. This Agreement represents the entire understanding relating to the Services and prevails over any prior or contemporaneous, conflicting or additional communications. In order to participate in certain Services, you may be notified that you may be required to agree to additional terms and conditions. You may receive a copy of this Agreement or ask any questions by emailing [email protected]