BIG OAK INVESTMENTS, LLC DBA 

www.MicheleRossOnline.com

TERMS AND CONDITIONS

Revised 05/20/2021

These terms and conditions apply to all services or products supplied by BIG OAK INVESTMENTS, LLC DBA www.MicheleRossOnline.com ("www.MicheleRossOnline.com ") or its agents or employees to or for any person or entity on whose behalf Work is supplied, (“Customer”), and all bids or contracts for such supply of services or products.  These terms and conditions (“Agreement”) supersede all of Customer’s provisions relating to Work (as defined below).

1. Services:  The Services include but are not limited to human resources consulting, resume review, personal branding, LinkedIn profile branding, talent acquisition, employer branding, online courses, and networking.  Work is either scheduled as a recurring appointment, by e-mail, through Calendly or verbal request.  E-mail and online support via Zoom is available. All work is billed in 30-minute, 45-minute and 60-minute increments.

2. Payment:  Payment is based on the current rate sheet which is updated in writing on a yearly basis.  Billing is done in 30-minute, 45-minute and 60-minute increments. Payment plans are currently billed on a reoccurring monthly basis as stated on the purchase page. Please contact us at to update payment information. 

3. Billing:  All billing is pre-paid unless otherwise specified in the purchase agreement. Texas State tax will be calculated and charged per state tax laws on www.MicheleRossOnline.com services (excluding online courses) for purchases made from buyers in the great state of Texas.  A service charge of twelve percent (12%) per annum shall apply to all past due amounts.

4. Termination:  This agreement, any coaching sessions, and deliverable services may be terminated for any reason by either www.MicheleRossOnline.com or Customer. Terminations are not eligible for refunds as all coaching and deliverable services are non-refundable. If you have joined any of the online course programs, you are covered by the 'Do the Work Guarantee'. It states you have 15 days to submit for a refund. To be eligible for a refund, you must return and complete all worksheets and spreadsheets as directed on the full guarantee. After 15 days, there will be no refunds. Read the full guarantee at: 

5. Independent Contractor Status: BIG OAK INVESTMENTS is a limited liability company that pays its own federal, state and local taxes and has its own professional and general liability insurance, and is an independent contractor not an employee of Customer.

6. There are no refunds for coaching or deliverable services (resume or Linkedin writing and other branding services). I understand that coaching services may be substituted with any other www.MicheleRossOnline.com coach but a preference will honored when possible. 

7. Warranty: www.MicheleRossOnline.com warrants to Customer that www.MicheleRossOnline.com services shall meet or exceed reasonable industry standards at the time of the Work.  www.MicheleRossOnline.com warrants its own services but not services or products of third parties.  www.MicheleRossOnline.com does not warrant any hardware or products.  Any claims covered under the Product Manufacturer’s warranty are governed by the terms of that warranty.  Any warranty or contract claims under www.MicheleRossOnline.com Warranty are FOREVER WAIVED AND BARRED unless within 30 days from the date of www.MicheleRossOnline.com’ work Customer delivers to www.MicheleRossOnline.com a written claim fully describing the allegedly defective work.

8. Manufacturer’s Warranty:  Most products and/or materials www.MicheleRossOnline.com provides in the course of the Work are warranted to the Customer by the product manufacturer, some are provided without a manufacturer’s warranty.  Copies of any warranties are supplied with the product or are available from the manufacturer.  Regarding such Product(s), CUSTOMER’S SOLE REMEDY FOR DEFECTIVE PRODUCTS SHALL BE UNDER THE MANUFACTURER’S WARRANTY, if any.

9. Disclaimers:  Except as provided in this Agreement, www.MicheleRossOnline.com hereby disclaims and Customer hereby waives any warranty, www.MicheleRossOnline.com expressed or implied, as to any matters relating to the Work, including its merchantability or its fitness for any particular purpose.  Some states do not allow limitation on implied warranties, so the limitations may not apply to you.  www.MicheleRossOnline.com shall not be responsible for any viruses, malware, hacking, Trojan horses, or other computer bugs from whatever sources.

10. Limitation of Remedy:  Customer’s sole remedy shall be limited to, at www.MicheleRossOnline.com’s sole discretion, THE REPAIR OR REPLACEMENT OF THE WORK, OR REFUND OF THE PURCHASE PRICE FOR THAT PORTION OF THE WORK THAT IS DEFECTIVE.  UNDER NO CIRCUMSTANCES SHALL TALENT PARADIGM BE LIABLE TO CUSTOMER OR THIRD PARTIES FOR LOST PROFITS, DELAY, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO OR ARISING FROM THE WORK, including without limitation failure to obtain any particular job.

11. Force Majeure:  If the performance of www.MicheleRossOnline.com is prevented hindered delayed or otherwise made impracticable by reason of force majeure, www.MicheleRossOnline.com shall be excused from such performance.

12. Interpretation, Jurisdiction, Venue:  This Work and these terms and conditions shall explicitly be governed by the laws of the State of Texas, except where superseded by federal law.  Texas State courts shall have exclusive jurisdiction over any controversy arising out of or relating to the Work or these terms and conditions.  Venue shall, at www.MicheleRossOnline.com’s option, be in courts in Montgomery County, Texas.

13. Work:  The term “Work” means any services and/or products to be supplied to or for Customer.

14. Proprietary Rights.  Except as provided in Section 8 herein, www.MicheleRossOnline.com retains all rights, titles and interests in any know how, technologies, ideas or concepts used or developed by www.MicheleRossOnline.com in performing the Work.

15. Attorney Fees.   Customer agrees to pay to www.MicheleRossOnline.com all attorney fees and costs www.MicheleRossOnline.com incurs in any action for www.MicheleRossOnline.com to collect any portion of the purchase price. 

17. Severability.  If any term or provision of these terms and conditions is held by any court or other competent authority to be illegal or unenforceable, the remaining terms and provisions shall remain in effect. 

18. Not Assignable.  This Warranty contained in these terms and conditions applies to the original Customer only and is not assignable.

19. Electronic Signature.  A signature in electronic format has the same legal effect and validity as a handwritten signature.

20. Your License to Us.   By posting or submitting any material on or through text messaging, email correspondence, on our website, LinkedIn profile and private Facebook communities such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old. When you submit to us any text, email, or post any comment, photo, image, video or any other submission for use on or through our email, website and/or Facebook group, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future website and its content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by your initials and job title only (no full names will be used). You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our website or in our content at any time for any reason. 

21. Membership/Subscription Terms and Automatic Payment. A member of any of the online membership subscriptions offered by www.MicheleRossOnline.com is responsible for paying all sums due to Talent www.MicheleRossOnline.com in connection with their monthly, quarterly, or annual subscription in accordance with these Terms.  The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly, quarterly, or annual fee is a condition of access.  Every calendar month (or quarterly/annually), your account will be charged the subscription fee plus any applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively, “Fees”).  Failure by the member of the online courses or services agreed upon from www.MicheleRossOnline.com to use any of the services available through the service provided by www.MicheleRossOnline.com does not relieve the www.MicheleRossOnline.com user of their payment obligations under these Terms.

Potential users can pay by credit card or debit card.  Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due.  The users of www.MicheleRossOnline.com online courses and services further acknowledges and agrees that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorizes the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis or quarterly and for a specific amount). 

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THERE ARE NO REFUNDS FOR ANY MEMBERSHIPS PROVIDED BY WWW.MICHELEROSSONLINE.COM.

IF YOU ARE A MEMBER OF ONLINE COURSES, MEMBERSHIP COURSES OR SERVICES WITH A MONTHLY, QUARTERLY, OR ANNUAL SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY/QUARTERLY/ANNUALLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT.  IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO A MEMERBSHIP COURSES ONLY, YOU MAY DO SO THROUGH BY E-MAILING [email protected] AT LEAST FIVE (5) BUSINESS DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION RENEWAL (MONTHLY/QUARTERLY/ANNUALLY).

There are no refunds if you have failed to cancel within 5 business of your reoccurring billing date. You will not be entitled to pro-rate your last month’s use, nor will you be entitled to any refund for any payments for any online membership programs to www.MicheleRossOnline.com.