TERMS OF ENROLLMENT
TERMS OF ENROLLMENT
1. Our Right to Terminate Your Enrollment
We are committed to providing all participants with a positive experience. Thus, COMPANY may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based or digital without refund or forgiveness of remaining payments if:
· you become disruptive or difficult to work with;
· you fail to follow the program guidelines; or,
· you impair the participation of our instructors or participants in our program(s).
2. Content Policy
· Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual.
· All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available Company or its designated facilitators, or any other source, oral or written, are for personal use in or in conjunction with this training program only.
· Program content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Company, or its designated agent.
· The information contained in program material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.
· We assume no responsibility for errors or omissions that may appear in any program materials.
· User names and passwords may not be shared with any third-parties.
· Any violation of Company’s policies regarding content usage shall result in the immediate termination of your enrollment without refund.
3. Privacy and Confidentiality
We respect your privacy and must insist that you respect the privacy of fellow Program participants. We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, “Confidential Information”) and must insist that you respect the same rights of fellow Program participants and of the Company.
Thus, you agree:
· Not to infringe any Program- participants or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights;
· That any Confidential Information shared by Program participants or any representative of the Company is confidential and Proprietary, and belongs solely and exclusively to the Participant who discloses it or the Company;
· Not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions;
· That all materials and information provided to you by the Company are its confidential and proprietary intellectual property belong solely and exclusively to the Company, and may only be used by you as authorized by the Company;
· The reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited;
· That if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
While you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence
4. Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall Company, their subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from my use of, or the inability to use, their site or Program Materials, including messaging, blogs, comments of others, books, emails, products, or services, or third-party materials, products, or services made available through the site or by Company In any way, even if Company is advised beforehand of the possibility of such damages. (because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to me. In such states, Company’s liability and the liability of their subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) you specifically acknowledge and agree that Company is not liable for any defamatory, offensive or illegal conduct of any user. If You are dissatisfied with the site, any materials, products, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site and the products, services and/or materials.
The Program and Company’s site are continually under development and Company makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. The information provided in this product is sold and provided on an “as is” basis. Company does not promise or guarantee any income or particular result from your use of the information contained herein. Those results are your responsibility as the end user of the program. In particular, Company shall not be liable to you or any other party for any damages, or costs, of any character including but not limited to direct or indirect, consequential, special, incidental, or other costs or damages, in excess of the purchase price of the program. These limitations may be affected by the laws of particular states.
The Program, Program Materials and site exist for educational purposes only, and the materials and information contained therein are for general informational purposes only. With regard to financial content contained therein: neither Company nor its owners, officers, directors, employees, subsidiaries, affiliates, licensors, service providers, content providers and agents are financial advisors, or an investment advisory service, and nothing contained in the Program, Program Materials or site is intended to be or to be construed as financial advice, or legal, compliance, financial, tax, accounting or related advice.
The information contained in the Program (including but not limited to content in any format) is based on sources and information reasonably believed to be accurate as of the time it was recorded or created. However, this material deals with topics that are constantly changing and are subject to ongoing changes related to technology and the market place as well as legal and related compliance issues. Therefore, the completeness and current accuracy of the in the Program, Program Materials or site cannot be guaranteed.
The education and information presented by the Program, Program Materials and site is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. You, as an end user of this information should therefore use the contents of this program and the materials as a general guideline and not as the ultimate source of current information and when appropriate, you understand that you should consult your own legal, accounting or other advisors.
Any case studies, examples, illustrations, or testimonials cannot guarantee that you will achieve similar results. In fact, your results may vary significantly and factors such as your market, personal effort and many other circumstances may and will cause results to vary.
Your use of the information contained herein is at your own risk. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content contained in the Program, Program Materials or site. you will seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Any and all claims or representations, as to income earnings on the Program, Program Materials or site, are not to be considered as average earnings. There can be no assurance that any prior successes, or past results, as to income earnings, can be used as an indication of your future success or results.
Monetary and income results are based on many factors. Company has no way of knowing how well you will do, as they do not know me, your background, your work ethic, or your business skills or practices. Therefore Company does not guarantee or imply that you will get rich, that you will do as well, or that you will make any money at all. If you rely upon figures provided in the Program, Program Materials or site; you must accept the risk of not doing as well.
All sales are final.
Your use of, and access to the Program Materials is on a licensed basis. In that regard, Company hereby grants to you, and you hereby accept, the non-exclusive right, license and privilege to use (but not sublicense) the Program Materials.
You agree to:
· Constantly use your best efforts in the use of the Program Materials in a way to protect the good name and goodwill associated with the Program Material and Company;
· Not to attack the title of Company in and to the Program Material nor attack the validity of the license granted hereunder;
· Not harm, misuse or bring into disrepute the Program Material and Company, but to the contrary, will maintain the value and reputation thereof to the best of your ability;
· At all times comply with all applicable government laws and regulations, and all voluntary industry standards relating or pertaining to the use of the Programs and Materials, and shall maintain appropriate customary high-quality standards. You shall also abide by Company’s suggestions and specifications regarding quality control over the use of the Program Material.
The license granted herein does not grant you any right, title or interest, at law or in equity, in or to any of Company’s trademarks, service marks, copyrights, copyrighted material, or any derivative uses thereof, or the name, likeness or image of LYCA SMITH, or trade secrets or other rights or intellectual property of any kind, except as provided by said license. Further, such license applies only to those Program Material designated herein. You shall not represent to others, or conduct yourself in any manner that might indicate to others, that you possess any other legal or equitable rights in our Program Material, Trademarks, copyrighted materials, trade secrets or other rights or intellectual property of any kind other than by virtue of the license granted hereunder.
Company shall have and hereby reserves all rights and remedies which it has, or which are granted to it by operation of law, to enjoin the unlawful or unauthorized use of the Program Material (any of which injunctive relief may be sought in the courts, and also may be sought prior to or in lieu of termination), and to be compensated for damages for breach of this Agreement.
6. Dispute Resolution
1. All disputes arising under or concerning this Agreement are to be submitted to binding arbitration, in San Diego, CA to be resolved in accordance with the laws of the state of California.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.