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Page 2 of 5 5. No Warranty The Company offers the Materials “as is” with no warranties of any kind. We make no guarantee of the Materials' accuracy and completeness at this Site, including out-of-date information. We may change the Materials, services, and prices without notice. Being a current User does not provide price protection from future price increases, nor does it warrant a refund during a promotional offering to new Users. The Company does not guarantee that you will meet federal, state, or local regulations by using the Materials or earn any money using the techniques, strategies, and information in the Materials. Nothing in the Materials is a promise or guarantee of earnings. Many factors determine your level of success, including knowledge, ability, time, financial resources, business savvy, networking, and connections. Any statements describing a future condition or outcome are expectations or forecasts for future potential and are not guarantees or promises for actual performance. The Materials do not replace or substitute the services or consultation with trained professionals in any field, including, but not limited to, accounting, finance, business consulting, legal, real estate, or psychological areas. The Company offers no professional, personal, medical, financial, or legal advice — the User should confuse none of the Materials’ information with such advice. Neither the Company, nor its employees, officers, agents, partners, affiliates, subsidiaries, contractors, speakers, or assigns will be liable for any direct, indirect, consequential, special, exemplary, or other damages to the Users, including economic loss, that may result from participation, use or inability to use the Materials, information, or strategies communicated or any products or services provided, even if advised of the possibility of such damages. Under no circumstances, including but not limited to negligence, will the Company or its speakers be liable for any consequential or special damages that result from the User’s participation. 6. Subscription Services Materials may be part of a subscription service on a defined billing period (e.g., installment, monthly, or annually) based on a prepaid services model. Your subscription will automatically renew on the next billing period for each subscription service. ● Credit/Debit Card Billing: The Company charges cards automatically on the customer's specific billing cycle date (the same date we processed your first charge). ● Payment failure: If the card does not charge successfully, access to the product or service will stop immediately. ● Chargebacks: If a customer starts a chargeback, the Company may assess a $50 processing fee for each instance. ● Deactivation: The Company reserves the right to remove the User’s account from its servers after nonpayment. ● Collections: If the User has an unpaid balance sent to collections, the Company may
Page 3 of 5assess a $100 collections fee.● Upgrades/Downgrades: Users must contact the Company to upgrade or downgrade their subscription.● Cancellation: Users may cancel subscription services at any time. Access to the subscription and Materials will continue through the end of the current billing period.After completing the cancellation process, the Company will not charge the User for thenext billing period.We do not grant returns, prorations, or refunds for a partial billing period. A cancellation only prevents an automatic renewal for the following subscription period. The User’s failure tocancel the subscription before the next billing period does not entitle them to a refund. We donot analyze a User’s log-in activity (or lack thereof) to process a refund. Users may log in to their portal to cancel a subscription, then navigate to their dashboard andclick on My Account > Billing and then Cancel. Alternatively, you may contact us through thesupport option inside your profile, the reply-to email address found in electroniccommunications, or the Contact Us page on our Site.
7. Alternative Dispute ResolutionBoth parties agree to work together to resolve any differences or disputes arising out of thisagreement. If an amicable solution is not available, the parties will entrust the matter to out-of-court alternative dispute resolution (ADR) as final and binding. It is the sole means for resolving disputes for any past, current, or future issues, whether it is subject to this agreementor otherwise. THIS CONSENT WAIVES THE RIGHT TO SUE IN COURT, A JURY TRIAL, OR AN APPEAL.
● The parties assign the case’s arbitrability solely to the arbitrators applying the Commercial Arbitration Rules of the American Arbitration Association (AAA) and not acourt of law.● A party has only one (1) year to file a demand for arbitration after the date such party first knows or reasonably should know of the omission, act, or default giving rise to theclaim.● Each party will split into equal parts the cost of a three-judge panel of arbitrators from the AAA for only one 8-hour day. All other expenses, including an attorney, witness, orinterpreter fees, are the party’s direct responsibility. ● Each party must select one commercial arbitrator unknown to them within fifteen (15) days of the initial filing date. Those two arbitrators shall appoint the third arbitrator withinten (10) days. If the two selected arbitrators cannot agree upon an arbitrator unknown tothem, the AAA must choose the third impartial person.● The three-arbitrator panel must be practicing licensed lawyers in the State of Florida specializing primarily in contracts and business matters for at least ten (10) years. ● The arbitrator(s) cannot combine more than one claim. It may only award compensatory damages (except as required by law) directly and solely caused by errors, acts, or
Page 4 of 5 omissions committed in violation of the party’s duties. The arbitrators must limit monetary damages to the payments (in U.S. dollars) arising under the agreement and no more. The arbitrators may provide preliminary or temporary injunctive relief for immediate relief matters. ● The exclusive venue shall be in Orange County, Florida in the United States, but the winning party may file the arbitration award in any court with jurisdiction. A party, arbitrator, or witness may join the hearing via telephone, web conference, or in-person. ● The performance of the agreement terms must continue during the ADR. The Company cannot withhold any payment payable under this agreement during a pending ADR unless such amount is the dispute’s subject. ● No party, arbitrator, or witness may divulge the arbitration’s existence, subject, or results without both parties’ prior written consent (except as required by law). The parties must not communicate with the media, publication entities, or public forums about the ADR. 8. Trademark and Copyright The Company and other brands, trademarks, and service marks are the Company’s or its related companies. The Materials on this Site are proprietary, confidential, and copyrighted, including but not limited to strategies, tools, and processes. The unauthorized use of the Materials may violate copyright, trademark, and other laws. The Company will pursue legal action and full damages if a User violates these terms. The trademarks, trade names, logos, or company names of third-parties referenced on the Site are for identification only and are their respective owners' property. 9. Hyperlinks Any links to external sources are only a convenience and do not imply endorsement of the site or any association with its operators unless otherwise specified. The Company has not reviewed these external websites, does not control them, and is not responsible for them or their content. If you access any of the external websites linked to this Site, you do so entirely at your own risk. When you visit a linked third-party website, we may earn compensation as a commission or referral fee. You will see a disclaimer on the page displaying the sponsored or affiliate link. Please review our Disclosure Policy. 10. Limitation of Liability The Company, its suppliers, and other third parties mentioned at this Site are not liable for damages arising out of the use or an inability to use: 1) this Site, 2) any websites linked from/to this Site, or 3) the Materials or information (including, but not limited to those resulting from interruption of services or inaccurate information). Users assume all costs associated with the use of the Materials or information from this Site resulting in a need for service, repair, or reconstruction of equipment or data.
Page 5 of 511. Applicable LawThe laws of the State of Florida govern these terms. Failure to enforce strict performance of theTerms is not a waiver of any right or provision. The Company may assign its duties and rightsunder the Terms without notice to any party.12. WaiversThe Company's omission or commission does not waive its rights or remedies unless theCompany sets aside the violation in writing, and then only to the extent outlined in thatoccurrence. One event's waiver will not be a continuing waiver or bar from any right or remedyin a later instance.
13. SeverabilityProvisions found unlawful, unenforceable or void, shall be severable from the remainingagreement, and will not affect the remaining provisions' validity and enforceability.
14. Headings. Paragraph headings are for reference only and cannot interpret the agreement.
15. Assignment.The User may not assign, transfer, or sell their rights and responsibilities to another partywithout the Company’s written permission. The Company may assign its rights and dutiesduring a sale or merger with a third-party by giving the Member a thirty (30) day written notice.
16. Heirs. This agreement binds both parties’ representatives and successors in interest.
17. Effective Date and UpdatesThe Company may change these terms without advance notice. Please check for changesregularly — your continued use of the Site confirms your agreement to the modifications.Last updated: March 22, 2021