CUSTOMER SERVICES AGREEMENT

This Customer Services Agreement (“Agreement”) shall be fully incorporated into the Terms and Conditions (the “Terms”) of Be Momager, LLC (“Be Momager,” “we,” “us,” or “our”). Unless defined otherwise, the terms and definitions used herein shall refer to the terms and definitions set forth in the Terms. By agreeing to the Agreement, Customer, on behalf of herself/himself/itself and on behalf of her/his/its children, heirs, successors, and assigns (collectively, “Customer,” “you,” or “your”) explicitly agrees to the following terms:

Superiority. To the extent that any conflict exists between the provisions in this Agreement and the Terms, the provisions of this Agreement shall be deemed controlling.

Covered Services. It is understood that this Agreement applies to the services provided by Be Momager to Customer.

Payment Terms. Customer may prepay to reserve a place in Be Momager’s program called BeMomager.PRрыв (“Program”). See the payment terms here: https://bemomager.pro/#rec520030632

Cancellations. Customer is entitled to a full refund for the Program if the refund request is received by Be Momager within 7 days after the start of Program (“Refund Period”). If Customer does not participate in any session of the Program, Customer will receive a recording for the missed session.
Dispute Resolution Notice. CUSTOMERS SHALL READ THE FOLLOWING SECTION CAREFULLY. CUSTOMER AGREES TO ARBITRATE ALL THE DISPUTES WITH BE MOMAGER IN ACCORDANCE WITH ARBITRATION AGREEMENT SET FORTH IN BE MOMAGER’S TERMS.”

LIMITATION OF LIABILITY.

1. Liability Cap. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BE MOMAGER’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED TEN US DOLLARS ($10).
2. Exclusion of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BE MOMAGER SHALL NOT BE LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE AND ECONOMIC ADVANTAGE) EVEN IF BE MOMAGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK. THIS ALLOCATION OF RISK AND THE DISCLAIMER OF WARRANTIES HEREIN ARE A FUNDAMENTAL ELEMENT OF THIS AGREEMENT.

DISCLAIMERS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, BE MOMAGER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND BE MOMAGER EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY OTHER WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE THAT WOULD EXTEND BEYOND THE REPRESENTATIONS AND WARRANTIES EXPLICITLY CONTAINED HEREIN. BE MOMAGER FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES AND DOES NOT GUARANTEE OR PROMISE IN ANY MANNER THAT CUSTOMER’S PARTICIPATION IN THE PROGRAM WILL RESULT IN SUCCESS OR PROFITABILITY FOR CUSTOMER. CUSTOMER ACKNOWLEDGES THAT THE PROGRAM DOES NOT INVOLVE DIAGNOSIS OR TREATMENT OF MENTAL DISORDERS AND THAT THE PROGRAM IS NOT TO BE USED AS A SUBSTITUTE FOR COUNSELING, PSYCHOTHERAPY, PSYCHOANALYSIS, MENTAL HEALTH CARE, SUBSTANCE ABUSE TREATMENT, OR OTHER PROFESSIONAL ADVICE BY LEGAL, MEDICAL, FINANCIAL OR OTHER QUALIFIED PROFESSIONALS AND THAT IT IS THE CUSTOMER’S EXCLUSIVE RESPONSIBILITY TO SEEK SUCH INDEPENDENT PROFESSIONAL GUIDANCE AS NEEDED. YOU ARE SOLELY RESPONSIBLE FOR YOUR AND YOUR CHILD’S OWN PHYSICAL, MENTAL AND EMOTIONAL WELL-BEING, DECISIONS, CHOICES, ACTIONS AND RESULTS THAT MIGHT ARISE OUT OF OR IN CONNECTION WITH THE PROGRAM. AS SUCH, CUSTOMER AGREES THAT BE MOMAGER PARTIES ARE NOT AND WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY ACTIONS OR INACTION, OR FOR ANY DIRECT OR INDIRECT RESULT OF ANY SERVICES PROVIDED BY BE MOMAGER PARTIES.

Customer Representations and Warranties; Indemnity. Customer represents and warrants that Customer has the full and unconditional right and authority to enter into, perform, and be bound by this Agreement, and that there is no contract, understanding, or pending or contemplated action that will in any way interfere with or adversely affect Customer’s ability to fulfill its obligations under this Agreement. Customer agrees to indemnify and hold harmless Be Momager and its owners, members, managers, agents, employees, and contractors (collectively, “Be Momager Parties”) from all claims, actions, liabilities, damages, losses, judgments, costs and expenses, including without limitation, reasonable attorney’s fees and costs, arising from or related to any acts or omissions of Customer or the breach by Customer of any of the representations, warranties, terms or conditions of this Agreement.

Legal Agreement. Customer hereby warrants and agrees that this Agreement constitutes a legal agreement between Customer and Be Momager and governs all services provided by Be Momager to Customer. Customer hereby irrevocably waives any argument or defense to the contrary, and Customer covenants not to set forth any argument or defense to the contrary.

Waiver. Be Momager’s failure to enforce or demand strict compliance of any right or provisions in this Agreement will not constitute a waiver of such or any other provision.

Intellectual Property Rights. As the creator of the Program, Be Momager shall retain all intellectual property rights, in perpetuity, in and to the Program, including but not limited to any copyrights with respect to the same. As used in this Agreement, “Program” means all work-product produced by Be Momager Parties, including but not limited to any content, teachings, scripts, techniques, materials, photograph, recordings, video, raw footage, digital and/or audio, and any other works made by Be Momager Parties while performing the Services, in any format and/or method whatsoever, whether now existing, or later created or developed. Customer shall not use, reproduce, reverse engineer, or repurpose the Program or any component thereof in any manner without Be Momager’s express prior written permission.

Confidential Information and Trade Secrets.

“Confidential Information” means data and information relating to the Be Momager’s business, regardless of whether the data or information constitutes a Trade Secret as that term is defined by the applicable law, which data or information: (a) is disclosed to Customer or of which Customer becomes aware as a consequence of the Customer’s relationship with Be Momager; (b) has value to the Be Momager; (c) is not generally known to competitors of Be Momager; and (d) which includes, but is not limited to, Trade Secrets, methods of operation, business processes, Program training material, teachings, techniques, scripts, names of customers, price lists, salary and/or pay rates, financial information and projections, personnel data, and similar information.

“Trade Secrets” means any Confidential Information described above without regard to form which: (i) is not commonly known by or available to the public; (ii) derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use; and (iii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Customer agrees that all Confidential Information and Trade Secrets and all physical embodiments thereof are confidential to Be Momager and will remain Be Momager’s sole and exclusive property. Customer warrants and agrees that, during the term of service and thereafter, Customer will not reproduce, use, distribute, disclose, publish, misappropriate or otherwise disseminate any Trade Secrets, will not take any action causing, or fail to take any action to prevent, any Trade Secret to lose its character as a Trade Secret until and unless such Trade Secrets lose their status as Trade Secrets through no fault, either directly or indirectly, of Customer. Customer further warrants that, during the term of service and thereafter, Customer will not reproduce, use, distribute, disclose, publish, misappropriate or otherwise disseminate any Confidential Information and will not take any action causing, or fail to take any action to prevent, any Confidential Information to lose its confidential character, unless such Confidential Information loses its confidential status through no fault, either directly or indirectly, of Customer. All Confidential Information, Trade Secrets, and other Be Momager records, files, memoranda, reports, lists, materials, drawings, designs, proposals, plans, sketches, documents, computer programs, disks, computer printouts and the like (together with all copies thereof) relating to the business of Be Momager, which Customer came in contact with in the course of its relationship with Be Momager are the sole property of Be Momager.

Promotional Offers. Be Momager may from time to time offer special promotional offers or discounts (“Offers”). Offer eligibility is determined by Be Momager at its sole discretion and we reserve the right to revoke an Offer in the event that we determine Customer is not eligible. Customers with an existing Offer may not be eligible for additional Offers. The eligibility requirements and other limitations and conditions will be disclosed when Customer signs up for the Offer or in other communications made available to Customer.

European Users Right of Withdrawal.
In addition to the refund policies set forth above, if Customer has a right of withdrawal under the relevant laws in Customer’s country including any applicable European Union laws, then:
Customer has a right of withdrawal within the Refund Period. Customer may cancel this Agreement within the Refund Period, without giving any reason, and without incurring any costs other than those provided for in this clause.
The Refund Period will expire after 7 days from the date that the Program has started. However, Customer does not have a right of withdrawal a) if the Services have already been fully performed with Customer’s prior express consent and with Customer’s acknowledgement that Customer will lose his/her/its right of withdrawal once the Services have been performed by us or b) if the Services have begun with Customer’s prior express consent and acknowledgement that Customer will lose Customer’s right of withdrawal upon beginning use of the Services.
To exercise the right of withdrawal, you should inform us of your decision to withdraw by an unequivocal statement by mailing a letter to 4729 Lankershim Blvd., North Hollywood, CA 91602 or by emailing to momager@Be Momager.pro.
You shall have exercised your right of withdrawal within the 7-day Refund Period if the communication is sent by you before that period has expired. The exercise of the right of withdrawal shall terminate the obligations of the parties to perform this Agreement, subject to this Agreement and the Terms.
If you exercise your rights of withdrawal, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to rescind this Agreement in accordance with this clause. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event you do not incur any fees as a result of such reimbursement.

IF YOU EXERCISE YOUR RIGHT OF WITHDRAWAL UNDER RELEVANT LAWS IN YOUR COUNTRY BEFORE THE SERVICES HAVE BEEN FULLY PERFORMED, YOU SHALL BE LIABLE TO PAY US REASONABLE FEES AND COSTS, CONSISTING OF AN AMOUNT WHICH IS IN PROPORTION TO SERVICES PROVIDED UNTIL THE TIME YOU HAVE INFORMED US OF THE EXERCISE OF THE RIGHT OF WITHDRAWAL.

The burden of proof of exercising the right of withdrawal in accordance with this clause shall be on you. Except as provided for in this clause, you shall not incur any liability as a consequence of the exercise of the right of withdrawal.

Force Majeure. Be Momager shall not be considered to be in default or breach of this Agreement, and shall be excused from performance or liability for damages to Customer, if and to the extent it shall be delayed in or prevented from performing or carrying out any of the provisions of this Agreement, arising out of or in connection with any event or circumstance beyond Be Momager’s reasonable control, including without limitation, act of God, labor disturbance, sabotage, act of the public enemy, war, invasion, insurrection, riot, fire, storm, flood, ice, earthquake, explosion, epidemic, breakage or accident to machinery or equipment, curtailment, order, regulation, or restriction imposed by governmental, military or lawfully established civilian authorities (the “Force Majeure Event”). If the Force Majeure Event continues for a period of more than hundred and twenty (120) days after the date notifies the Customer of the Force Majeure Event, Customer shall be entitled, at its sole discretion, to terminate the Agreement and to receive a prorated refund.

Modifications. Customer agrees to examine this Agreement prior to receiving any services by Be Momager. Customer agrees to be bound by any modification in this Agreement upon successively obtaining any services from Be Momager. Customer agrees and understands that if Customer does not agree to the modification of this Agreement, then Customer may reject such modification by providing written notice stating Customer rejects the modification to Be Momager, via certified mail, return receipt requested, at 4729 Lankershim Blvd., North Hollywood, CA 91602. In the event Customer provides such notice that Customer rejects the modification to this Agreement, then any prior Agreement in effect will continue to exist in full force and effect unless Be Momager and Customer agree otherwise.

Severability. If any provision of this Terms or the Agreement herein, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect.

Headings and Titles. The section titles in this Terms are for convenience only and have no legal or contractual effect.

Full Release. Customer hereby expressly releases Be Momager Parties from any and all liability for any and all losses, claims, expenses, costs, and damages, including but not limited to reasonable attorney’s fees, costs, or expenses, which are claimed of or sustained, suffered, paid or incurred by Be Momager Parties, irrespective of Be Momager Parties’ negligence (except gross negligence), for reason of or in connection with any or any combination of the following: (a) Be Momager Parties’ breach of or failure to fulfill any provision of this Agreement, whether such breach is material or not; (b) any cause of action in any way related to or arising out of Be Momager Parties ‘conduct, actions, or omissions, including but not limited to any damage or injury to person or property; (c) any matter in any way related to this Agreement or performance under this Agreement.

Non-solicitation of Employees, Contractors, or Agents. Customer hereby agrees that during the course of receiving services and for a period of twenty-four (24) months immediately following the date of the last service provided by Be Momager to Customer, Customer will not hire any employee, contractor, or agent of Be Momager and will not, either directly or indirectly, solicit, induce, recruit, or encourage any Be Momager employee, contractor, or agent to leave its employment, or take away such employee, contractor, or agent, or attempt to solicit, induce, recruit, encourage, or take away any employee, contractor, or agent of Be Momager, either on behalf of the Customer or for any other person or entity.
Customer recognizes and hereby acknowledges that the Customer’s breach of any of the covenants contained in this section will cause irreparable harm and substantial damage to Be Momager, the monetary amount of which would be virtually impossible to ascertain and extremely difficult to measure. Accordingly, in the event of a breach of this section, Be Momager shall be entitled to a sum of fifty thousand dollars ($50,000) from the Customer for liquidated damages, which both Be Momager and Customer believe is a good faith estimate for damages incurred from a breach of this section by the Customer and in light of the difficulty of assessing actual damages. This sum is arrived at by considering the amount of time and cost it typically takes Be Momager to recruit and train its employees, contractors, and agents. Both the Customer and Be Momager mutually agree that this provision is reasonable and not a penalty. Customer and Be Momager waive any arguments pertaining to the reasonableness of this sum or the method by which it was arrived.

Non-Disparagement. During the term of this Agreement and following the termination thereof for any reason, Customer hereby agrees that it will not make any public disparaging statements concerning Be Momager Parties, their business or operations or the services provided by Be Momager.

No Third-Party Beneficiary. It is understood and agreed that Customer and Be Momager are the sole parties to this Agreement, and the services provided by Be Momager to Customer is solely for the benefit of Customer.

Ambiguity. Customer and Be Momager acknowledge that they have caused this Agreement to be reviewed and approved by legal counsel of their own choice. Any presumption that an ambiguity contained in this Agreement shall be construed against the party that caused this Agreement to be drafted shall not apply to the interpretation of this Agreement.

Successors and Assigns. These Agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal representatives.

Governing Law. The Terms and Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to its conflict of laws rules. Any litigation or arbitration between the Parties shall be conducted exclusively in compliance with the Arbitration Agreement between Customer and Be Momager set forth in Sections 15-17 of the Terms.

Entire Agreement. This Agreement constitutes the entire agreement between Customer and Be Momager with regard to the subject matter hereof, and replaces and supersedes all other agreements or understandings, whether written or oral.