THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THESE TERMS CONTAIN A WAIVER AND RELEASE OF YOUR NAME, IMAGE, AND LIKENESS CAPTURED BY US WHILE PROVIDING SERVICES TO YOU.

BY PLACING AN ORDER FOR SERVICES FROM THIS SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ACCEPT AND BE BOUND BY, AND HEREBY AGREE YOU ACCEPT AND ARE BOUND BY, THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW. YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. YOU AGREE THAT IT IS ENFORCEABLE AS IF IT WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU.

These Purchase Terms and Conditions (these “Terms”) apply to the purchase and sale of our services through www.tryrosedale.com (the “Site”). These Terms are subject to change by Rosedale Insights, LLC, a New York limited liability company (referred to as “us”, “we”, or “our” as the context may require) solely on a prospective basis and only upon reasonable notice to you, which may include electronically, through text, emails, or by updating the Terms on the Site. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms before purchasing any other product or service that may be available through this Site. Your continued or subsequent purchase through this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of, and in addition to, the Site Terms and Conditions that apply generally to the use of our Site, which is found on our Site. In addition, you should carefully review our Site Privacy Policy before placing an order for products or services through this Site (see Section 8) because each purchase through the Site shall be subject to these Terms, the Site Terms and Conditions, and the Site Privacy Policy, which shall take priority in the following order in the event of a conflict: (a) First, these Terms, (b) Second, the Site Privacy Policy, and (c) Third, the Site Terms and Conditions.

1. Order Acceptance and Cancellation; Services; Term and Termination.
    

1. You agree that your order is an irrevocable offer to buy, under these Terms, all products and services listed in your order at checkout. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. Any rejection by us will be communicated to you in writing and shall be accompanied by a proportional refund therefor. 
   
   

2. We offer leadership development and performance coaching through our Site and other electronic means (the “Services”). Our delivery of the Services shall, in each instance, be subject to the terms and conditions contained herein. You understand we may use certain data, information, or other materials we collect from you through our delivery of the Services as permitted by these Terms and/or applicable laws. You understand that our Services are uniquely delivered, interpreted, and provided for you, which means you will not allow any other individual, person, or entity to use our Services or your login credentials without first obtaining their own account. You agree certain information we provide to you through the provision of our Services is confidential and shall be treated as such until, through no fault of your own, such information is no longer confidential.
    

3. Unless otherwise terminated in accordance with the terms set forth herein, these Terms commence upon the date you purchase the Services and continue until the Services are complete. Either party may terminate their agreement to be bound by these Terms by delivering written notice to the other party, upon which such time the Services shall cease as to such other party. Upon such termination, any terms which by their very nature survive termination, shall so survive.
    

1. Prices and Payment Terms. 
   
   

3. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation. Price increases will only apply to orders placed after such increase goes into effect. Posted prices do not include taxes or charges for shipping and handling, if applicable, unless itemized thereon. All such taxes and charges will be added to your merchandise total, if applicable, and will be itemized in your shopping cart and your order confirmation email, if applicable. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
   
   

1. We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. 
   
   

1. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. We accept Visa, Mastercard, American Express and Discover for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. You agree that your credit card company should not refund any amounts arising under or connected with your purchase from us unless you are expressly entitled to a refund in accordance with these Terms. 
   
   

1. Returns and Refunds. No refund shall be honored or considered due and owing unless one of the following conditions are met: (a) we cancel or reject your order for the Services, or (b) if you are not satisfied with the Services, for any reason, and request a refund by contacting us in writing at help@tryrosedale.com within thirty (30) days following your purchase. Time is of the essence with respect to the refunds set forth herein. Refunds that meet either of the foregoing conditions are processed within approximately five (5) business days of our timely receipt of your request for a refund or as otherwise communicated to you in writing. Your refund will be credited back to the same payment method used to make the original purchase on the Site. You agree no other terms and conditions apply to a refund in any other manner. Refunds set forth herein are available for initial purchases only and may not apply to subscription renewals or subsequent transactions.
   
   

1. Warranty and Disclaimers. ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. 
   
   

ALL PRODUCTS AND SERVICES PROVIDED BY OUR COMPANY ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. WE CANNOT GUARANTEE YOUR SPECIFIC SUCCESS OR RESULTS IN ANY AREA OF LIFE OR ANY ENDEAVOR. WE MAKE NO GUARANTEES, AND HEREBY DISCLAIM ALL GUARANTEES AND WARRANTIES PERMISSIBLE BY LAW, THAT YOU WILL ACHIEVE ANY SPECIFIC RESULTS FROM OUR INFORMATION, PROGRAMS OR SERVICES. WE OFFER NO LICENSED OR PROFESSIONAL MEDICAL, LEGAL, THERAPEUTIC, OR FINANCIAL ADVICE THROUGH OUR PROGRAM. THE INFORMATION CONTAINED HEREIN AND SOLD HEREBY CANNOT REPLACE OR SUBSTITUTE THE SERVICES OF TRAINED PROFESSIONALS IN ANY FIELD, INCLUDING, BUT NOT LIMITED TO, MEDICAL, PSYCHOLOGICAL, FINANCIAL OR LEGAL MATTERS. YOU ALONE ARE RESPONSIBLE AND ACCOUNTABLE FOR YOUR DECISIONS, ACTIONS AND RESULTS IN LIFE, AND BY YOUR PURCHASE THROUGH THIS SITE AND USE OF OUR PROGRAMS OR WEBSITES AT ANY TIME, YOU AGREE WE ARE NOT LIABLE FOR ANY SUCH DECISIONS, ACTIONS OR RESULTS, AT ANY TIME, UNDER ANY CIRCUMSTANCE. 

1. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH YOUR PURCHASE, OUR SERVICES, OR ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO A CLAIM OCCURS. 
   
   

1. Publicity Waiver and Release. By participating in our program and receiving our Services, you agree we may use and publicize your name, likeness, and other personal characteristics for advertising, promotion, and other commercial and business purposes and hereby grant to us, without limitation, the right to use your name and likeness in connection with the promotion of the Services for any publicity without further compensation or permission. To the fullest extent permitted by applicable law, you hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”), arising directly or indirectly from our exercise of rights under this Section 7 or the production, exhibition, exploitation, advertising, promotion, or other use of materials using your name, image, or likeness, and whether resulting in whole or in part from our negligence and you hereby covenant not to make or bring any such Claim against Rosedale Insights, LLC and forever release and discharge Rosedale Insights, LLC from liability under such Claims. You understand that Rosedale Insights, LLC is relying on the release contemplated by this Section 7 and may incur significant expense in reliance on this release, and you agree that this release cannot be terminated, rescinded, or modified in whole or in part.
    

2. Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US only. 
   
   

1. Privacy; Confidential Information.
    

4. We respect your privacy and are committed to protecting it. Our Privacy Policy contained on our Site governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. Notwithstanding the foregoing, you understand and agree that we may use third-party tools while providing the Services which shall remain subject to their own terms, conditions, and privacy policies for which we are not responsible for. 
   
   

5. “Confidential Information” is non-public information of a party which is provided to the other party hereunder and which is either designated as confidential or of a type which should be recognized by a commercially reasonable party as confidential. Confidential Information of Rosedale Insights, LLC includes the Services and its related documentation and materials. The party receiving Confidential Information may use it only for purposes connected with the facilitation of these Terms or Services and may not disclose it to any third party unless such third party is supporting the provision of the Services or otherwise performing obligations hereunder and is bound in writing by confidentiality restrictions substantially similar to those required hereunder. The obligations to maintain the Confidential Information as confidential shall remain in place for so long as the applicable information is maintained as confidential by the owning party. The limitations on disclosure or use of Confidential information shall not apply to information which (i) is rightfully obtained by the recipient without breach of any confidentiality obligation; (ii) is or becomes known to the public through no act or omission of the recipient; (iii) the recipient develops independently without using Confidential Information of the other party; or (iv) is disclosed in response to a valid court or governmental order, if the recipient has given the other party prior written notice (unless prohibited by law or governmental authority) and provides reasonable assistance.
   
   

1. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
   
   

1. Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of New York.
   
   

1. Dispute Resolution and Binding Arbitration.
   
   

1. YOU AND ROSEDALE INSIGHTS, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
   
   

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

1. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 11. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If either of us prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party under the standards for fee shifting provided by law. Arbitration shall be conducted electronically unless otherwise agreed upon by the parties. 
   
   

2. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
   
   

3. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR ROSEDALE INSIGHTS, LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
   
   

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced. You understand nothing herein shall prevent us from seeking to enforce our rights to injunctive relief, if applicable, in a court of competent jurisdiction.

1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. Notwithstanding the foregoing, we shall be entitled to deliver the Services through employees, independent contractors, and other service providers, in our sole discretion.
    

2. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of ROSEDALE INSIGHTS, LLC.
   
   

3. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. As between the parties hereto, Rosedale Insights, LLC owns all right, title, and interest in and to the Services and anonymous/aggregate data, feedback, and any and all patent rights, copyright, trademark, intellectual property, and/or trade secrets embodied in the foregoing. 
   
   

4. Notices.
   
   

1. To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
   
   

1. To Us. To give us notice under these Terms, you must contact us as follows: (i) by email at help@tryrosedale.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to Rosedale Insights, LLC at 418 Broadway Ste N, Albany, NY, 12207. We may update the email or address for notices by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
   
   

5. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
   
   

6. Agreement to Contact. By purchasing products or services through the Site, you agree that we may contact you by email, phone, or text messages, including adding you to any of our communications lists or contact lists for future contact. You may unsubscribe from any or all of these by contacting us at help@tryrosedale.com and requesting to be removed. We may use your phone number to confirm orders, deliver promised ongoing training or communication, and to send text updates, promotions, videos, audios, or messages related to any of our brands or programs. You can opt-out of receiving any future text messages by simply replying to any of our text messages at any time with the word STOP. By purchasing or signing up for our products or programs, you hereby grant us permission to text you until you reply STOP.
    

Entire Agreement. These Terms, our Site Terms and Conditions, our Site Privacy Policy, and each exhibit attached hereto or thereto will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.