I. This Contract Governs Your Purchase and Use of the Course, Facebook Group, Websites, Platform and Materials
By checking the box and purchasing access to a Course offered by MARKETING BY MODIFICATION, LTD or Membership in the Passion to CEO Facebook Group provided by MARKETING BY MODIFICATION, LTD (“the Company,” “We”, “Us” or “Our”), you (“the User,” “You” and “Your”) agree that You are over the age of eighteen (18), that You authorize this purchase, and that You agree to be bound by these Terms and Conditions. You agree that Your participation and continued access to the Course and/or the Facebook Group, the Platform hosting the Course, and Our Websites https://passiontoceo.com and https://combatreadysales.com and https://elevatedsalesacademy.com/ (the “Websites”) is conditioned on compliance with these Terms and Conditions and is subject to revocation by the Company at any time for failure to follow the Terms and Conditions, without refund.
By purchasing the Course, Event Tickets and/or Facebook Group Membership, You agree to make payment through the Company’s third-party payment processor. The Company utilizes Stripe or may use another payment processor to process payments. We do not retain your credit card information. By purchasing through Stripe, You authorize Stripe to perform the transaction and agree to its Terms and Conditions, as amended. Single course or membership purchases are to be paid in full at the time of the order. For Subscription purchases, You agree that the Company may charge your credit card or other payment method on file with Stripe, monthly. You agree to keep your payment method up to date, and if your payment method becomes invalid such that Your monthly subscription fee cannot be charged or is declined, You will lose all access to the Course, Event and/or Facebook Group until your subscription fee is paid. You agree that if payment is not timely received by the Company, You shall have materially breached these Terms and Conditions and You shall forfeit all remaining portion of services that have not yet been performed. The Company shall have no further obligation to You.
No order is binding on the Company unless and until the Company accepts Your purchase, We send You a communication confirming the purchase, You accept the Course and/or Facebook Group Terms and Conditions, and We provide You access information to the course and/or Facebook group.
By purchasing access to the Course and/or Facebook Group, You are granted a non-exclusive, non-transferable, revocable license to access and use Our Websites, the Course and/or the Facebook Group, strictly in accordance with these Terms and Conditions. We may revoke this license at any time in our sole discretion. Terminating Your access to the Course, Websites and/or Facebook Group shall be a form of revocation of the license and no further notice shall be required.
IV. Recording and Photo Release Policy
You grant the Company permission to record and photograph You while participating in the Course and/or the Facebook Group. You agree that Your photo, video, likeness, and/or testimonial can be taken as You participate in the Course and/or the Facebook Group, at any time, and can be used for proprietary purposes without further notice. You hereby grant to the Company a perpetual, world-wide, non-revocable license to use any and all of Your likeness, images, voice and testimonials, whether electronic or in writing, including but not limited to videos, photographs, voice recordings, telephone recordings, text messages, social media messages and postings, provided or derived from participation in the Course and/or Facebook Group, and/or that relates to services provided by the Company, for use in the business of the Company, including but not limited to quality control and marketing purposes.
You irrevocably grant to Us property rights in Your likeness, images, voice and testimonials, whether electronic or in writing, including but not limited to videos, photographs, voice recordings, telephone recordings, text messages, social media messages and postings generated from your participation in the Course and/or Facebook Group. You agree that You are not entitled to compensation of any kind for the Company’s future use of Your likeness, images, voice and testimonials, whether electronic or in writing, including but not limited to videos, photographs, voice recordings, telephone recordings, text messages, social media messages and postings that were generated from your participation in the Course and/or Facebook Group. You waive any and all causes of action in contract, tort, or the common law related to such use.
V. Cancellation Policy – Subscription Services
A. Non-subscription Services. No refunds shall be provided for any individually purchased Course, recurring Course or for admission to the Facebook Group. You agree you are not entitled to a refund or chargeback for any reason. All sales are final.
B. Subscription Services. You may cancel a subscription service by giving at least one month’s prior written notice to the Company that you desire to cancel. A Cancellation notice shall be provided in writing to firstname.lastname@example.org. Upon providing timely cancellation notice, your subscription shall terminate at the end of the next full month and after that You will no longer be charged. Upon Cancellation You shall lose all access to the Course and/or Facebook Group. Payment plans are not considered subscription services and are considered non-subscription services.
C. All event tickets are final. No refunds shall be provided for any event ticket. You agree you are not entitled to a refund or charge back for any reason. All sales are final.
D. All Payments are Final. All payments made to the Company are considered paid in exchange for services provided and are final. Payments are not refundable for any reason. You agree not to request, advise, file a claim, or seek from Your bank or Your credit card company a chargeback for consideration paid under this Agreement. You agree to waive any rights You may have under applicable state and federal truth in lending laws or otherwise (including, but not limited to, under Your credit card issuer’s procedures for resolving such disputes). You agree that any disputes that You may have with respect to consideration paid hereunder must be addressed directly with the Company. If a chargeback occurs, You shall have materially breached these Terms and Conditions and You shall forfeit all remaining services that have not yet been performed. The Company shall have no further obligation to You. Further, the amount of the chargeback shall be subject to a finance charge in the amount of one- and one-half percent (1 ½%) per month until You pay in full. Further, the Company shall be entitled to recover from You all damages, court costs, fees and reasonable attorneys’ fees associated with pursuing recovery of the amount of the chargeback plus interest and fees, and in collection of any judgment entered thereon (including court costs, fees, and reasonable attorney’s fees incurred in collections).
VI. We Can Modify the Terms and Conditions at Any Time
We reserve the right, in our sole discretion, to modify these terms and conditions at any time. We shall provide You notice of changes to our Terms & Conditions. Upon Notice, You shall agree to such changes to the Terms & Conditions by continuing to utilize the Course/Facebook Group without cancellation.
VII. Honor Code
As a condition of participation, You warrant that You will not use the Course, the Platform hosting the Course, the Websites, the Facebook Group, or materials we provide through the Course or Facebook Group for any purpose that is unlawful or prohibited by these Terms and Conditions. Sharing passwords or links with others is prohibited. Recording or reproduction of Our proprietary webinars, chats, social media posts, courses, videos or materials is prohibited. You represent that only You will participate in the Course and/or Facebook Group. If You violate these Terms and Conditions, the Company may terminate your participation without a refund.
You agree to comply with all applicable laws governing the Course, the Websites, and the Platform hosting the Course, including, but not limited to, all U.S. state laws, U.S. Federal laws, U.S. privacy and intellectual property laws, and US regulatory requirements, as well as all local laws governing your location. You agree to comply with all Facebook Terms and Conditions. Use of the content provided in the Course and/or Facebook Group in a reasonable manner is mandatory, and You may not use the Course, the Platform hosting the Course, the Websites, or the Facebook Group in any manner that may damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Group, Websites, Course or relevant Platform.
VIII. Confidentiality; Ownership of Information.
We consider all information shared through our Courses and Facebook Group to be proprietary and confidential. This includes but is not limited to all materials provided, all information relating to business strategy, business development, coaching, business training, online coaching or training, marketing, client acquisition processes, sales, marketing, automation methods, advertisements, social media utilization and pricing, and information received by Us from others which We have an obligation to treat as confidential (“Confidential Information”).
You agree to maintain the confidentiality of Our Confidential Information during the Course and/or Facebook Group participation and in perpetuity thereafter. You agree that You shall not disclose, copy, share, disseminate, transfer, convey, sell, or discuss, directly or indirectly, to any person or entity Our Confidential Information, except by Our express prior written consent. You agree You will not make copies, videotape, record, photograph or transfer in anyway, in whole or in part, any Confidential Information or marked original copies of Confidential Information, copyright information, or trade secrets of the Company. Further, You shall use Your best efforts and shall take all reasonable precautions to prevent the disclosure of Our Confidential Information. A breach of this provision includes but is not limited to each disclosure, sharing, dissemination, transfer, conveyance, selling, or discussion of any singular piece of Confidential, trade secret, copyright, and/or proprietary information.
All Confidential Information is and shall remain the sole and exclusive property and proprietary information of the Company and is disclosed in confidence by Us in reliance on Your agreement to maintain such Confidential Information in confidence and not to use or disclose such Confidential Information to any person. You have no ownership, property rights, or other rights of any kind in Our Confidential Information, trade secrets, copy rights, or proprietary information.
You agree that it would be difficult to measure damage to the Company from any breach of this Confidentiality Clause and that monetary damages would be an inadequate remedy for such breach. Accordingly, You agrees that if You shall breach the Confidentiality clause the Company shall be entitled to, in addition to all other remedies it may have at law or equity, to an injunction or other appropriate orders to restrain any such breach, without showing or proving actual damages sustained by the Company. You agree to be responsible for all damages incurred by Us for violation of the provisions in this Confidentiality Clause including but not limited to damages from lost business, business interruption, actual, compensatory, incidental and consequential damages.
IX. Robots, Spiders, and Automatic Copying is Prohibited
You are prohibited from utilizing any robot, spider, other automatic device or manual process to monitor or copy aspects of the Websites, the Course, the Facebook Group, Company materials, or the contents or information contained therein without our prior express written consent. In addition, You agree You will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except any information in which the You have an ownership interest) from the Websites, the Course, the Facebook Group or materials shared therein, without the Company’s prior express written consent.
X. Websites, Facebook Group, Materials, Course Are Provided “As Is”
Other than as expressly stated in this agreement or as required by law, Our Websites, the Course, the Platform hosting the Course, the Facebook Group, and Materials are provided “as is” and the Company does not make any specific commitments or warranties about Purchases therefrom. In the course of purchasing from the Websites, You may submit Your personal data. It is Your responsibility to ensure this information is accurate and up-to-date.
XI. The Company Makes No Warranties to the Purchaser of Any Kind
Changes are periodically added to the information on in our Course, on our Websites, on our Facebook Group and in our Materials. We may make improvements and/or changes to the Course, the Materials, the Facebook Group and/or Our Websites at any time. By browsing, clicking on, purchasing, or otherwise utilizing the Websites, the Facebook Group, the Materials, and/or the Course, You agree that the Company is not liable for Your use of the Websites, the Facebook Group, the Materials, and/or the Course. The Company strives to keep the Websites, Facebook Group, and Courses up at all times, but makes no guarantee as to any particular up-time.
THE COMPANY MAKES NO REPRESENTATIONS AND GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, UNDER THIS AGREEMENT, AND THE COMPANY SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, OR EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR ANY WARRANTY AS TO THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES UNDER THIS AGREEMENT.
You agree that damages, if any, incurred by You through participation in the Course, or use of the Websites shall be limited to the purchase price of the Course.
You understand and agree that We in no way guarantee or promise increases in revenue or results. You understand and agree that clients who see the best results come from a combination of understanding, implementation, and hard work. Results will vary based on skill level, work ethic, and a variety of factors. You accept and understand this.
XII. Hold Harmless
To the maximum extent permitted by applicable law, You hold harmless the Company and its agents, employees, owners, officers, directors, and Third-Party content providers, from all liability whatsoever, including from any direct, indirect, incidental, special, or consequential damages or any damages whatsoever including, without limitation, damages for injury or death to Participant, errors, omissions, interruptions, defects, delays, computer viruses, loss of use, data or profits, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses, arising out of or in any way connected with Your participation in any of our Courses, use or performance of the Websites, use or performance of Platform hosting the Courses, use of the Facebook Group, or use of Company materials, or with the delay or inability to use the Websites, the Facebook Group, the Courses, or related services, the provision of or failure to provide services, or from any actions we take or fail to take as a result of email messages or other communications You send Us, or for any information, software, products, and/or services ordered or obtained through the Websites, or otherwise arising out of the Use of the Websites, Courses, Platform hosting the Courses, or the Facebook Group, whether based on contract, tort, negligence, strict liability or otherwise, even if We have been advised of the possibility of damages.
XIII. Intellectual Property
All content included as part of the Course, Websites and/or Facebook Group, such as text, graphics, logos, images, video, as well as the compilation thereof, and any software used therein, and all materials contained in the Course and/or Facebook Group or otherwise provided to You by Us are Our property and are proprietary and protected by copyright. No such content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. We prohibit the use, reproduction, or posting of any such content on any Websites, Internet, intranet, extranet, Platform, Social Media Platform, Email, Text, Chat, or other site or computer environment. All trademarks, service marks, trade names and trade dress are proprietary to the Company. We consider Our copyrights and trademarks to be valuable assets, and take infringement of them seriously. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Our content is not for resale. Your use of the Course, Websites and/Facebook Group do not entitle You to make any unauthorized use of any protected content, and in particular You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without Our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to Our intellectual property except as expressly authorized by these Terms and Conditions.
By purchasing services from this Websites and participating in the Course and/or Facebook Group, You agree to indemnify the Company from and against any and all damages, liabilities, demands, claims, fines, losses, expenses, penalties or costs incurred by the Company due to your improper use of the Websites, Course, Platform hosting the Course, Facebook Group or Materials including the reasonable attorneys’ fees and court costs and fees incurred by the Company pertaining thereto. Claims include but are not limited to those arising or resulting in any way from the violation of these Terms and Conditions, services provided, any related act or failure to act, and claims arising from Your use of the Websites, Course, Platform hosting the Course, or Facebook Group including, without limitation, claims related to Your infringement of intellectual property rights of Us or third-parties, including copyright, patent, trade secret, trade mark, artist rights, moral, privacy, publicity or rights under other intellectual property laws.
If You cause a technical disruption of the Websites, a Course, a Platform hosting a Course, the Facebook Group, or the systems transmitting such, whether or not such is intentional, You agree that You are responsible for any and all losses, liabilities, expenses, damages, and costs, including attorney’s fees and court costs incurred by the Company, arising or resulting from the disruption, including but not limited to damages, expenses, and costs incurred by the Company lawsuits brought by third-parties related thereto, reasonable attorney’s, professional fees, and court fees and costs.
We reserve the right, at Your cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Us in asserting any available defenses.
XV. The Company Does Not Guaranty Privacy or Confidentiality of Websites Content, Course Content, Facebook Group Content or User Up-loaded Content
(Electronic Communications Privacy Act Notice (18 U.S.C. 2701-2711))
The Company makes no guarantee of confidentiality or privacy of any communication or information transmitted on the Websites, through any Course, via any Platform hosting a course, via the Facebook Group, or via any Third-Party Websites linked to it. You agree that We are not liable for protecting the privacy of any information entered into the Websites, a Course, the Facebook Group or a Platform hosting a Course by You, including but not limited to e-mail address registration and identifying information, disk space, communications, confidential or trade secret information, or any other content transmitted over networks accessed by the Websites, Course, Facebook Group or Platform, or otherwise connected with Your use of the Websites, any Course, Facebook Group or Platform.
XVI. Course and Facebook Group and Websites are Accessible to Those With Disabilities
The Course, Facebook Group and Websites are intended to be compliant with the American With Disabilities Act. The Company recognizes that software is fickle and accessibility could be interfered with unintentionally. Therefore, if You, for any reason, finds the Course, Facebook Group or Websites inaccessible, You should notify the Company immediately. The Company will take all actions necessary to fix any issues, to make it accessible. By utilizing the Course, Facebook Group and/or Websites, You agree to first notify the Company of any inaccessibility issues, and You must take all steps on your end to make the site accessible, or else any claim of inaccessibility shall be null and void. You agree that this is reasonable and is not against public policy.
XVII. Privacy, E-mail, Texts, Document Storage.
You agree that We follow New York, USA, privacy laws concerning the protection of personal information and not the privacy laws of any other jurisdiction unless required by law. You agree that communication may occur over e-mail, text message, DM, chat, portal or telephone, and, for ease of use, such email, text, DM, chat, portal and/or phone communications are not encrypted. You understand and agree that use of un-encrypted communications pose a risk for hacking or illegal information accessing by unauthorized persons. You hereby waive any claims and release the Company from any claims for damages that could arise from Company’s e-mail provider, telephone provider, portal provider, or social media accounts from being hacked or illegally accessed.
We agree to follow NY privacy laws regarding notification to You if we discover illegal activity relating to Your privacy.
You acknowledge that the Company utilizes Google Docs, at times, to store documents. You hereby give consent for the Company to Your information and documents through Google Docs. You understand that Google Docs takes all reasonable precautions to protect documents stored thereon from illegal access. You acknowledge that the Company is relying on Google Docs, and has no control over the operations of Google or Google Docs. You hereby waive any claims that could be brought against the Company, were Google Docs, or Google to be hacked or illegally accessed and were Your information accessed thereby by unauthorized individuals. The Company agrees to follow notification requirements imposed by New York law if notified of any illegal access.
XVIII. Platform Release and Hold Harmless.
We use Third-Party Platforms (the “Platforms”) to provide the Courses and Facebook Groups, including Facebook. You agree to and hereby do fully release and hold Us harmless from any and all claims or liabilities whatsoever regarding operation of the Platforms including but not limited to security issues, up-time issues, connectivity issues, or the like. You agree and understand that the Company has no control over the security, up-time, or reliability of the Platforms beyond that of any other Platform customer and is not liable therefor. To the extent that the Company cannot provide the services as intended due to an unexpected Platform related issue, You agree the only remedy shall be the Company’s rescheduling of the relevant course. You shall not otherwise be due any return of funds.
You are solely responsible for Your ability to access Courses and Facebook Groups online including access, wifi and functioning equipment. You shall not be entitled to any refund if You miss a Course or Facebook Group occurrence due to Your inability to connect. We strive to execute all Courses and Trainings as scheduled without issue. However, internet connectivity, power failures, wi-fi, device, phone signals, and other issues can occur without warning (collectively, “Connectivity Issues”), and can cause a delay in start-time or a need to reschedule. To the extent that the Company cannot provide the services as intended due to an unexpected Connectivity Issue, We shall re-schedule the Course/event and You shall not otherwise be due any return of funds
XXI. Electronic Communications.
Visiting the Websites, direct messaging, Facebook messaging, texting and sending emails all constitute electronic communications (“Electronic Communications”). You consent to receive Electronic Communications from Us and You agree that all agreements, notices, disclosures and other communications that We provide to You via Electronic Communication satisfy any legal requirement that such communications be in writing.
XXII. Your Account.
By utilizing the Websites, Course, and/or Facebook Group, you are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You hereby accept responsibility for all activities that occur under Your account or password. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that We are not responsible for third party access to Your account that results from theft or misappropriation of Your account. We reserve the right to refuse or cancel service, terminate Your account, or remove or edit content in our sole discretion.
XXIII. Children Under Thirteen
We do not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://passiontoceo.com/ only with permission of a parent or guardian.
XXIV. Links to Third Party Sites/Services
The Websites, Facebook Group, or Course Materials may contain links to other websitess ("Linked Sites"). The Linked Sites are not under Our control and You agree that We are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Us of the site or any association with its operators.
Certain services made available via the Websites and Facebook Group are delivered by third party sites and organizations. By using any product, service or functionality originating from the Websites, You hereby acknowledge and consent that We may share such information and data with any third party with whom We have a contractual relationship to provide the requested product, service or functionality on behalf of Our Websites users and customers.
XXV. International Users.
The Course, Facebook Group, and Websites are controlled, operated and administered by Us within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that You will not use Our Content in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
XXVI. Governing Law.
To the maximum extent permitted by law, these Terms are governed by the laws of the State of New York and You hereby consent to the exclusive personal and subject matter jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of this websites, course, and Blended Learning Platform by You and/or Participant. You also agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the United States District Court for the Eastern District of New York.
XXVII. Jurisdiction and Venue.
This Agreement shall be governed in all respects, including its validity, interpretation and effect, and shall be construed by and in accordance with the laws of the State of New York, USA including, without limitation, its limitation of action and other procedural laws without giving effect to the principles of conflict of laws. The Parties consent to the subject matter and personal jurisdiction of the courts of the State of New York, including any and all federal courts situated therein. The Parties voluntarily waive right to a jury trial. FOR STATE COURT ACTIONS, PARTIES HEREBY STIPULATE AND AGREE THAT IF IT BECOMES NECESSARY FOR ANY OF THE PARTIES TO FILE A STATE COURT ACTION CONCERNING ANY MATTER RELATING TO OR PROVIDED FOR IN THIS AGREEMENT, THAT SUCH ACTION SHALL BE BROUGHT EXCLUSIVELY IN WESTCHESTER COUNTY, NEW YORK, AND THAT VENUE IS PROPER IN WESTCHESTER COUNTY, NEW YORK.
The Parties waive any claim that they may have that any of the foregoing courts is an inconvenient forum. The Parties agree that all controversies, claims, disputes and matters in question arising out of, or related to this Agreement, the performance under this Agreement, the breach of this Agreement or any other matter or claim whatsoever (including but not limited to tort claims) shall be decided by binding arbitration before the American Arbitration Association, utilizing its Commercial Rules. Venue for any arbitration between the Parties shall be had and is mandatory in Westchester County, New York, USA to the exclusion of all other places of venue, for all matters that arise under this Agreement.
XXIX. Class Action Waiver.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and MBM agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
XXX. Attorney’s Fees.
If any action or other legal proceeding including arbitration or mediation is initiated by Us against You relating to this Agreement or its subject matter, We shall be entitled to recover, in addition to all damages allowed by law, equity and other relief, all court costs, fees, and all reasonable attorney’s fees incurred by reason thereof. This shall include all court costs, fees, professional fees and reasonable attorney’s fees incurred in collections of any judgment against You related to these Terms & Conditions. You agree that in the event of litigation or other legal action, the right to request discovery of Our Confidential Information, copyright, proprietary and/or trade secret information, is hereby waived. Each party recognizes that agreement to such waiver is a condition precedent to access to and use of Our Confidential Information, copyright, proprietary and/or trade secret information. You hereby agree that if a bond is necessitated in Our seeking injunctive relief against You that such bond be $100.00 (one hundred dollars and zero cents).
XXXI. Time to Bring an Action Under This Agreement is Limited to One Year
You and the Company agree that that any cause of action arising out of or related to Your use of the Websites, Course, or Facebook Group, under these Terms and Conditions must commence within (1) year from the date that the incident leading to the cause of action first occurs. Otherwise, such cause of action is permanently barred.
XXXII. By Purchasing the Course, You Electronically Sign This Agreement
You represent and warrant that You have the legal right, power and authority to agree to the Terms and Conditions herein on behalf of itself. Purchaser agrees that clicking to denote acceptance of these Terms and Conditions You are electronically signing as defined by the Electronic Signatures in Global and National Commerce Act (E-Sign)” and the Uniform Electronic Transactions Act (“UETA”). You further agree that You have formed, executed, entered into, accepted the terms of, acknowledged, authenticated, and subsequently agreed that these Terms and Conditions are an electronic record for purposes of E- Sign, UETA and the Uniform Computer Information Transactions Act and are valid, enforceable, binding, have legal effect, and are non- refutable.
XXXIII. If A Term Is Not Enforceable Legally, The Rest of The Terms Are Still Enforceable
If any provision of these Terms and Conditions shall be found invalid or unenforceable, the remainder of these Terms and Conditions shall remain enforceable and shall be interpreted so as best to reasonably effect the intent of the Parties.
Any provision hereof which imposes upon You or Us an obligation after termination or expiration of this Agreement shall survive termination or expiration hereof and be binding.
XXXV. Entire Agreement
This is the entire agreement between the Parties regarding the purchase of the course. Any other agreements whether written or oral are hereby superseded.
We welcome your questions or comments regarding the Terms and Conditions:
Marketing By Modification, LTD
Effective as of April 20, 2021