DEAL DETECTIVE TERMS OF USE
Updated as of: October 1, 2026
Deal Detective, LLC, a Delaware limited liability company, with a principal office located at 1050 W Washington, STE 133, Tempe, AZ 85288 (“we”, “us”, “our” or “Company”) provides you access to the Deal Detective services, including any course materials, content, live in-person events, virtual events, memberships, communities, and support services, together with any and all websites, subdomains, web portals, mobile or other applications, software, platforms, and online communities that are owned, operated, or controlled by the Company and on or through which these Terms of Use are posted, linked, or otherwise incorporated by reference, whether now existing or hereafter created, offered, or acquired (collectively, the “Service(s)”). These terms and conditions (these “Terms of Use”) govern your access to and use of the Services to which these Terms of Use apply, are linked, are incorporated by reference, or are otherwise posted or made available, regardless of the domain, medium, or manner through which you access them, and are in addition to any other guidelines, rules, policies, or licenses posted in connection with the Services, all of which are incorporated herein by reference.
EDUCATIONAL PURPOSES ONLY: THE COMPANY’S SERVICES, INCLUDING ANY CONTENT, ARE PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL, FINANCIAL, OR TAX ADVICE, NOR AN OFFER TO SELL A FRANCHISE. RESULTS VARY AND ARE NOT GUARANTEED. PLEASE CONSULT A LICENSED PROFESSIONAL BEFORE MAKING ANY LEGAL, FINANCIAL, OR BUSINESS DECISION.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND THE COMPANY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY “CLASS ACTION WAIVER” “ARBITRATION” AND “JURY TRIAL WAIVER” BELOW FOR DETAILS REGARDING ARBITRATION.
TABLE OF CONTENTS
1. YOUR ACCEPTANCE OF THESE TERMS OF USE
2. CHANGES TO THESE TERMS OF USE AND SERVICES
3. USER ACCOUNTS AND USER REGISTRATION
4. USER CONDUCT POLICY
5. USER CONTENT
6. INTELLECTUAL PROPERTY RIGHTS
7. RECORDINGS, CONSENT & PUBLICITY
8. PAYMENT TERMS
9. DISCLAIMER OF WARRANTIES
10. LIMITATION OF LIABILITY
11. JURY WAIVER AND CLASS ACTION WAIVER
12. ARBITRATION
13. INDEMNITY AND RELEASE
14. TERMINATION OR SUSPENSION OF SERVICE RIGHTS
15. DISPUTE PROCEDURE AND CLAIMS OF COPYRIGHT INFRINGEMENT
16. MISCELLANEOUS PROVISIONS
YOUR ACCEPTANCE OF THESE TERMS OF USE
1.1 Acceptance. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY USING OR ACCESSING THE SERVICES OR OTHERWISE INDICATING YOUR ACCEPTANCE, INCLUDING WITHOUT LIMITATION, BY CLICKING “I AGREE,” SIGNING AN ORDER FORM, OR REGISTERING FOR A USER ACCOUNT (AS DEFINED HEREIN) WITH THE COMPANY, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY MADE AVAILABLE AT dealdetectivelive.com, WHICH POLICY IS INCORPORATED HEREIN BY REFERENCE, whether you are: (i) a “Visitor” (you simply browse the Services, including, without limitation, through a mobile or other wireless device, or otherwise use our website without being a paid registered subscriber), or (ii) a “Subscriber” (meaning that you have registered with the Company for a User ID and User Password (defined below), and have enrolled in and paid for access to services and/or content provided by the Company (collectively with Visitor, “User” or “you”).
1.2 Conditions to Acceptance. THE COMPANY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON (1) YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, AND (2) IF YOU ARE A SUBSCRIBER, YOUR PRE-PAYMENT OF THE APPLICABLE FEES.
1.3 Eligibility. The Company resides in the United States and our Services are offered and available to users who are 18 years of age or older. We make no representation or warranty that the Services, or any Content, are appropriate, available, or lawful for use in any particular location. By using our Services, you represent and warrant that you are of legal age to form a binding contract with the Company. You are solely responsible for determining whether your access to and use of the Services is permitted under the laws applicable to you. If you do not meet all of these requirements, or if you do not agree to these Terms of Use, you must not access or use the Services.
1.4 User Representations and Warranties. By accessing or using the Services, you represent and warrant that: (a) you have the authority to enter into these Terms of Use and to perform your obligations hereunder; (b) if you are accepting these Terms of Use on behalf of a company or other legal entity, you have the authority to bind such entity to these Terms of Use; (c) all information you provide to Company in connection with your registration and use of the Services is true, accurate, current, and complete; (d) you will maintain and promptly update such information to keep it true, accurate, current, and complete; (e) your use of the Services will comply with all applicable federal, state, local, and international laws, rules, and regulations; and (f) you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Use. Any breach of these representations and warranties shall constitute a material breach of these Terms of Use and may result in immediate termination of your access to the Services.
1.5 Regulatory Status; Notice of Investigations. You represent and warrant that neither you nor any business you own, operate, or control is currently, or has within the past five (5) years been, the subject of any investigation, inquiry, civil investigative demand, subpoena, enforcement action, or prosecution by the Federal Trade Commission, the Securities and Exchange Commission, any state attorney general, or any other federal, state, local, or foreign governmental or regulatory authority, or any self-regulatory or industry authority, nor the subject of any private litigation alleging fraud, misrepresentation, or unfair or deceptive practices. If, at any time during your use of the Services, you or any business related to you becomes the subject of any such investigation, inquiry, action, or litigation, you will notify Company in writing within seventy-two (72) hours. Company may, in its sole discretion and without liability to you, suspend or terminate your access to the Services based on any such matter, whether disclosed by you or otherwise discovered by Company.
2. CHANGES TO THESE TERMS OF USE AND SERVICES
2.1 Changes to Terms of Use. THESE TERMS OF USE MAY BE MODIFIED OR AMENDED BY THE COMPANY IN ITS SOLE AND ABSOLUTE DISCRETION AT ANY TIME. If we make material changes and you have registered to use the Services, we will use good faith efforts to notify you through the Service. Any change will be effective immediately upon posting on the Services, and your continued use of the Service thereafter constitutes acceptance of the revised Terms of Use. If you do not agree to any change, your sole remedy is to stop using and accessing the Service. YOU AGREE TO REGULARLY CHECK THE SERVICE TO VIEW THE THEN-CURRENT TERMS OF USE.
2.2 Changes to Service. Company may modify the Services, including any Content, or any of their components, including altering or rearranging the schedule of topics for any training, event, or web service. Nothing in these Terms of Use obligates Company to maintain or support the Services, or any portion thereof, during the term of these Terms of Use. We may update the Content (as defined herein) from time to time, but it may not be complete or current, and we are under no obligation to update it.
3. USER ACCOUNTS AND USER REGISTRATION
3.1 User Account. While any Visitor can view the Services, to use the Services and take part in any virtual or online activities you must select a login identification (“User ID”) and a unique user password (“User Password”) that is different from your User ID (collectively, a “User Account”). Your User Account is personal to you, non-transferable, and may not be assigned to any other individual under any circumstances. You are solely responsible for maintaining the confidentiality and security of your account credentials and may not share your login information with any other person, regardless of affiliation. We will treat all actions taken through your User Account as if conducted by you, whether or not you authorized them. You agree to notify us immediately of any unauthorized access to or use of your User Account or any other breach of security, to exit your User Account at the end of each session, and to use particular caution when accessing your User Account from a public or shared device.
3.2Account Information. In setting up and using your User Account, you may be prompted or required to provide additional information, including but not limited to your name and email address, and information necessary to confirm your identity. As part of your use of the Services, we may also collect certain information about you and your performance in the Services, some of which may be personally identifiable. As set forth in Section 1.4, you are responsible for ensuring the information you provide remains accurate, current, and complete. We may use, maintain, and store this information, including with third parties, in connection with the Services, and, as further detailed in our Privacy Policy, may share certain materials or information about you with third parties. All information collected in connection with your use of the Services is subject to and governed by our Privacy Policy, which is incorporated herein by reference.
3.3Electronic Communications. You expressly indicate your consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Notices”) that we provide in connection with your User Account and your use of the Services. Notices may include, without limitation, e-mail, in-app messages and in-website chat communications. In addition, Notices may include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email. We may still send you administrative and transactional Notices, however, such as, but not limited to, information about your User Account, confirmation of your registration for Services, information related to your payment, information about your progress or other services that may be necessary to provide you with the Services.
3.4Telephone Contact, Autodialed and AI-Assisted Calls, and Call Monitoring. When you provide a telephone number to the Company or in connection with the Services, or accept an order form referencing these Terms of Use, you consent to receive calls and text messages from the Company and those acting on its behalf at that number, including calls and messages that are placed, dialed, or generated using an automatic telephone dialing system or autodialer, prerecorded or artificial voice technology, or artificial intelligence (“AI”) voice or messaging technology, for purposes including account, transactional, service, support, scheduling, billing, and marketing or promotional communications. You understand and agree that the Company uses an automatic telephone dialing system and may place autodialed calls and texts to the number you provide. You further acknowledge and consent that any call or communication between you and the Company, including autodialed, AI-assisted, and human-assisted calls, may be monitored, recorded, transcribed, and analyzed by the Company and its service providers, including through AI tools, for support, training, quality assurance, and Service-improvement purposes. Message and data rates may apply, and message frequency varies. You may opt out of marketing calls or texts at any time by following the instructions provided in the communication or by contacting the Company, and you may revoke your consent as provided by applicable law; the Company may still contact you with non-marketing, administrative, or transactional communications. Your consent to receive marketing communications is not a condition of purchasing any Services.
3.5Third Party Analytics. Company uses third-party analytics services (“Third Party Analytics”) in connection with the Services. We may share limited user information (such as your email address and sign-up date) with Third Party Analytics to track and analyze usage, facilitate communications, and improve the Services. Third Party Analytics may also collect and aggregate publicly available information associated with you, such as your email address, social network handles, job title, and physical address, to enhance your experience. Your use of the Services constitutes your consent to this data collection and sharing.
3.6SMS/Text Message Program. If you opt in to Company’s text-messaging or SMS program (for example, by providing your mobile number and consenting to receive texts, or by texting a keyword to a Company short code or number), you consent to receive recurring automated marketing, promotional, transactional, and informational text messages from Company and those acting on its behalf at the number provided. Consent to receive marketing text messages is not a condition of purchasing any Services. Message frequency varies, and message and data rates may apply according to your wireless plan; Company is not responsible for such charges. Carriers are not liable for delayed or undelivered messages. You may opt out of the SMS program at any time by replying “STOP” to any message, after which Company will send a single confirmation message and will cease sending marketing texts to that number; you may rejoin at any time by opting in again. For help, reply “HELP” or contact Company at the support address identified in these Terms. You represent that you are the account holder or an authorized user of the mobile number provided and agree to notify Company if you relinquish that number.
3.7No Agency or Third-Party-Hosted Accounts. Your User Account is for your own use only. You may not create, operate, or maintain an account on behalf of, or host, resell, or provide access to the Services for, any third party, and you may not operate an “agency,” “done-for-you,” or similar account through which you provide the Services or their functionality to others. If Company determines, in its sole and reasonable discretion (including based on your usage data), that you are operating such an account or otherwise using the Services in a manner inconsistent with a single authorized user, Company may, in addition to its other rights and remedies, suspend or terminate your User Account, reprice your subscription to reflect such use on a prospective basis, or condition continued access on your compliance with these Terms.
4. USER CONDUCT POLICY
4.1 Prohibited Conduct. You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to: (a) reproduce, duplicate, copy, sell, resell, make derivatives of, sub-license, offer as a service bureau, or otherwise exploit for any commercial purpose any portion of the Services, except as expressly allowed under these Terms of Use; (b) use Company’s or any of its affiliates’ name, trademarks, service marks, logos, or other materials, except with Company’s prior written consent and in accordance with Company’s then-current Brand Guidelines, or use any of the foregoing in connection with any unsolicited communications or emails; (c) use any high volume, automated, or electronic means to access the Services (including without limitation robots, spiders, or scripts); (d) frame the Service, place pop-up windows over its pages, or otherwise affect the display of its pages; (e) falsely state, impersonate, or otherwise misrepresent your identity or your affiliation with any person or entity, past or present, including through the use of a pseudonym; (f) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; (g) interfere with or disrupt the Services, or the servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of such networks; (h) use the Services to exploit, harm, or attempt to exploit or harm the Company, its Brand Visionaries (“Brand Visionaries” means the founders, instructors, coaches, and presenters whose name, likeness, or persona is used to promote the Company, the Brand, or the Services), affiliates or any other user; (i) make, publish, or distribute any communication that defames any other User; (j) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, as determined by us, may harm the Company or its users, or expose the Company to liability; (k) use or access the Services or any of its Content for the purpose of creating, enhancing, or providing a product or service that competes with our offerings; (l) create, operate, maintain, or participate in any group, page, forum, channel, server, community, or account on any social media platform or other service that uses Company’s name, marks, or branding, or that otherwise states or implies any affiliation, association, sponsorship, or endorsement by Company, in each case without Company’s prior written consent; (m) use Company’s proprietary terminology, methodologies, program names, or deal structures, whether alone or in combination with publicly available data, to create, market, or operate any directory, database, listing, product, or service that competes with the Services or that states or implies any affiliation, association, sponsorship, or endorsement by Company; (n) record, screen-capture, photograph, transcribe, download, stream, or otherwise reproduce or redistribute any coaching calls, live or virtual sessions, webinars, events, or other Content, or provide any non-member with access to the Services or such Content; (o) reproduce, distribute, resell, publish, or otherwise share any contracts, legal document templates, forms, scripts, spreadsheets, models, analytical or software tools, member directories, databases, contact, investor, or lender lists, or other materials made available through the Services, except for your own permitted personal use; (p) solicit, recruit, advertise to, or market to other Users for any product, service, business opportunity, investment, or program, or collect, harvest, or use other Users’ contact or personal information for any such purpose, in each case without Company’s prior written consent; (q) state or imply that the Company, or any of its Brand Visionaries or representatives provides legal, financial, tax, real estate brokerage, or investment advice, or otherwise hold yourself out as authorized to act on behalf of the Company; or (r) engage in any harassing, threatening, abusive, discriminatory, or disruptive conduct toward the Company, its personnel, or any other user, whether online or at any live, virtual, or in-person event.
4.2 Non-Disparagement. You agree not to make any disparaging, defamatory, or false statements, whether written or oral, about Company, the Services, or any of Company’s officers, directors, employees, agents, Brand Visionaries, affiliates, or representatives, including on social media, review sites, blogs, forums, or to any third party. You acknowledge that: (a) this provision is a material term of these Terms of Use; (b) any breach may cause irreparable harm for which monetary damages are inadequate; and (c) Company may seek injunctive relief and terminate your access to the Services upon any breach. Nothing in this section prohibits you from: (i) making truthful statements or honest reviews of your experience; (ii) making statements required by law or legal process; (iii) filing a complaint with or participating in any investigation by a governmental agency; or (iv) exercising any rights that cannot be waived as a matter of law.
5. USER CONTENT
5.1 Interactive Services and User Content. The Services may contain interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, chat with, display, or transmit to other Users (hereinafter, “post”) content or materials (collectively, “User Content”) on or through the Services. You acknowledge and agree that such Interactive Services may be monitored, recorded, or retained for quality control, training, and community-support purposes, and that any information or material you provide as part of the Interactive Services-including, without limitation, any information you share regarding real estate transactions, properties, sellers, borrowers, lenders, deal structures, financing arrangements, or results-is considered “User Content” under these Terms of Use.
5.2 Compliance and License to User Content. All User Content must comply with applicable laws, rules, and regulations, including without limitation any Company rules or policies posted and laws relating to online conduct, real estate, lending, consumer financial data, and the export of data. You agree and acknowledge that, as necessary for the Services, your User Content is intended and authorized to be shared with other Users, and that any User Content shared through the community is provided for informational and networking purposes only and does not constitute advice from, or an endorsement by, Company. Any User Content you post to the Service will be considered non-confidential and non-proprietary. By providing User Content to the Services, you grant to Company a worldwide, non-exclusive, royalty-free, sub-licensable (to multiple tiers), irrevocable, and transferable license to use that User Content (including to reproduce, distribute, prepare derivative works of, display, and perform it) for any purpose, including commercial purposes, in connection with the Services or Company’s business, including for the purpose of promoting and redistributing part or all of the Services or future services or products.
5.3 User Responsibility for User Content. You understand and acknowledge that you are solely responsible for any User Content you submit or contribute, and you, not Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other User of the Services. You represent and warrant prior to posting any User Content that: (a) you have all necessary rights, licenses, clearances, and/or approvals to provide the licenses granted herein and to post the User Content; (b) the User Content is accurate and reasonably complete and does not misrepresent any transaction, deal terms, or results; (c) as between you and Company, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content; (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices; (e) you have obtained the express consent of the relevant party before posting any nonpublic personal, financial, credit, or mortgage information concerning any person or entity; and (f) your User Content, and any activity described therein, complies with all applicable laws. Company may, but has no obligation to, review the User Content to determine accuracy or its compliance with these Terms of Use, and each User who posts User Content shall be solely responsible for any damages resulting therefrom. Company does not verify, endorse, or guarantee any User Content, including any deal information, property data, financing terms, or results shared by other Users, and you rely on any such User Content at your own risk.
5.4 Company Right to Monitor and Remove. We have the right to: (a) remove or refuse to post any User Content for any or no reason in our sole discretion; (b) take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for us; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
5.5 Unauthorized Content. In addition to the restrictions set forth in Section 4 (User Conduct Policy), and without limiting them, you may not post, upload, transmit to, or otherwise make available through the Services, including any Interactive Services, any content, communications, or other information (collectively, “Unauthorized Content”):
that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
that interferes with a User’s business or services;
that takes any action that may undermine online reviews or feedback;
that is an offer to sell, marketing materials, advertising, or any other information related to business consulting, coaching, and/or community;
that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices, or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned, or disclosed as part of employment relationships, or under nondisclosure agreements);
that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
that violates the rights of other Users of the Services;
that violates any applicable local, state, national, or international law or otherwise advocates, or encourages any illegal activity;
that discloses any nonpublic personal, financial, credit, or mortgage information of any seller, borrower, lender, or other third party without that party’s express written consent;
that offers, solicits, or promotes any private money loan, joint venture, partnership, security, or investment opportunity to other Users, or that solicits other Users to fund, partner on, or participate in any real estate transaction, in each case without Company’s prior written consent; or
that misrepresents, exaggerates, or guarantees any transaction, deal terms, financing arrangement, returns, or results, or that implies any particular financial or investment outcome.
5.6 Indemnification for User Content. You acknowledge that failure to comply with these Terms of Use in connection with your User Content could result in legal action, including claims by third parties alleging that they were damaged by your User Content. Your obligation to defend, indemnify, and hold harmless the Indemnified Parties with respect to your User Content, including any claim of infringement or misappropriation of intellectual property or other rights, is governed by the Indemnification provisions set forth in Section 13.1 (Indemnification).
5.7 No Party to User Transactions; Discretionary Action. Company encourages Users to network, collaborate, and work together within the community. However, Company is not a party to, and has no responsibility or liability for, any transaction, agreement, partnership, joint venture, loan, investment, referral, or other dealing entered into between Users, or between a User and any third party, whether introduced, discussed, negotiated, or facilitated through the Services, the community, coaching calls, events, or otherwise. Any such transaction is solely between the participating parties, who are solely responsible for evaluating, structuring, documenting, performing, and bearing the risks of it. Company does not and will not act as a broker, agent, adviser, escrow, mediator, arbitrator, or decision-maker with respect to any transaction or dispute between Users or third parties, and has no obligation to resolve, investigate, or intervene in any such matter. While Company reserves the right, in its sole discretion, to take any action it deems appropriate-including removing User Content, suspending or terminating accounts, or otherwise responding to conduct within the community-any such action is voluntary and undertaken only where Company determines it to be in the best interests of the community, and does not create any duty or obligation to take the same or any similar action in any other instance. Except where imposed by law, Company’s exercise of, or failure to exercise, any such discretion shall not give rise to any liability to you or any third party.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Ownership. The Services and its entire contents, features, and functionality (including but not limited to all information whether online, in-person, or recorded: online lectures, speeches, video lessons, quizzes, presentation materials, course materials, document and contract templates, forms, scripts, worksheets, checklists, homework assignments, programming assignments, programs, software, code, calculators, spreadsheets, models, analytical tools, and other applications or tools (including any deal-analysis or property-analysis calculators and command-center or CRM-type tools); recordings, transcripts, and other reproductions of any live, virtual, or in-person coaching calls, Zoom sessions, webinars, masterminds, workshops, or events; Company’s proprietary methodologies, systems, processes, terminology, program names, and deal structures; member directories, databases, and contact, investor, or lender lists; community and forum content made available by Company; and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files and the design, selection, and arrangement thereof (collectively, the “Content”) are owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
6.2 Restrictions on Use. These Terms of Use permit you to use the Services solely as set forth herein. You must not: (i) reproduce, distribute, translate, adapt, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service, or otherwise access the source code of the Services, provided Users are permitted to maintain a copy for personal use for purposes of your engagement with the Services; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text outside the permitted use for your engagement with the Service; (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services; (iv) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Service, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time; or (v) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services.
6.3 Permitted Use of Content. Subject to your compliance with these Terms of Use, Company grants you a freely revocable, worldwide, non-exclusive, non-transferable, non-sub-licensable limited right and license to access, internally use, display, and, where made available, download the Content solely as necessary to participate in the Services and for your own personal and business dealings as contemplated by these Terms of Use. You must not, however, sell, resell, license, sublicense, publish, distribute, or otherwise share the Content with, or make it available to, any non-member or other third party, or otherwise use the Content in any manner not expressly authorized by these Terms of Use. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of these Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
6.4 Marks. Our name, logo, and all related names, logos, product and service names, designs, and slogans (“Marks”) are trademarks of Company or our affiliates or licensors. You must not use such Marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans displayed on the Services are the trademarks of their respective owners. Company and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks.
6.5 Feedback. If you send or transmit any communications or materials to Company by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), we are free to use such Feedback without any other action or limitation between the parties governing such Feedback.
7. RECORDINGS, CONSENT & PUBLICITY
7.1 Recordings. You acknowledge and agree that the Company may record, film, photograph, capture, and reproduce (in audio, video, photographic, digital, or any other form) any coaching call, live or virtual session, webinar, mastermind, workshop, event, community interaction, or other activity that is part of or related to the Services, including any recording that captures your name, likeness, image, voice, statements, questions, contributions, or participation, whether intentionally or incidentally (collectively, “Recordings”). By registering for, attending, joining, appearing in, or otherwise participating in any such activity, you affirmatively consent to being recorded and to the Company’s creation and use of such Recordings as described herein, and you acknowledge that such activities are and will be recorded. If you do not consent to being recorded, you must not attend, join, or participate. You further acknowledge and agree that the Company may store, upload, post, archive, and make Recordings and other Content available to other Users and members through the Services, including in any community, forum, membership platform, or archived or on-demand content library, where they may remain available until such time they are removed by the Company in its sole discretion.
7.2 Promotional Materials; Publicity License. In addition to the licenses granted under the User Content section of these Terms of Use, and in consideration of your access to and participation in the Services, you hereby grant Company a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable (through multiple tiers), and transferable right and license to use, reproduce, host, store, display, perform, distribute, transmit, and create derivative works of the Recordings and of your name, likeness, image, voice, biographical information, testimonials, reviews, feedback, success stories, and any other materials you provide or that Company creates based on your participation in the Services (collectively, “Promotional Materials”) for any purpose, including without limitation providing the Services, maintaining the community and archived content library, and advertising, marketing, promotion, and publicity, in any media now known or hereafter developed, without further notice, consent, or compensation to you. You represent and warrant that you have the authority to grant the foregoing rights. You waive any right to inspect or approve any Recordings or Promotional Materials or the use thereof, and you acknowledge that Company may edit, modify, or alter them in its sole discretion. To the fullest extent permitted by law, you release Company from any and all claims relating to the use of the Recordings or Promotional Materials, including but not limited to claims for invasion of privacy, violation of the right of publicity, defamation, or any other claim arising from such use. Your consent to the creation, storage, and archiving of Recordings and their availability within the Services and community and archived content library is irrevocable and may not be withdrawn unless required by applicable law. If you do not wish to have your testimonials, success stories, or likeness used in Company’s outward-facing advertising or marketing to the general public, you may provide written notice to Company, and Company will use commercially reasonable efforts to discontinue such outward-facing marketing use on a prospective basis within a reasonable time; provided, however, that (a) this opt-out does not apply to, and Company may continue, the use, storage, hosting, and display of Recordings and other Content within the Services and the community or archived content library, and (b) Company shall have no obligation to remove, recall, or discontinue any materials that have already been published, distributed, incorporated into other works, or archived.
8. PAYMENT TERMS
8.1 Charges and Payment. You agree to pay all charges set forth on any order form or otherwise charged to your account, including any applicable taxes, at the rates in effect when the charges are incurred, whether on a one time or subscription basis. Unless stated otherwise in writing by Company, all fees are non-refundable. We may change the fees and charges then in effect, or add new fees or charges in our discretion. You must provide valid credit card information and such information must be kept current while receiving Services or other products of Company. Company does not store credit card numbers or maintain them on file but instead uses secure credit card payment service providers to maintain card numbers and process payments. You hereby consent to the use and storage of your financial information by such a third party processor. You agree not to perform any chargebacks with your credit card company without first providing Company an opportunity to address any billing issue, customer service issue, or other concern you have related to your account.
8.2 Payment Structure; Default. When you register for our Services, at the discretion of Company, the payment for the Services may be made as a one-time payment, or amortized over the Services subscription term as agreed to by the parties in writing. You agree to pay the entirety of the subscription amount, including all monthly payments thereunder, whether or not such Service is terminated or suspended. Failure to pay when any amount is due will result in a default interest rate of the lesser of 1.5% per month or the highest percent permitted under applicable law. Should such non-payment continue for a period of 30 days, we reserve the right to engage a collections agency. You are responsible for all fees associated with the collection of any default payment, including all attorneys and collection agency fees, and interest thereon. Failure to pay any due balance on your account will result in immediate suspension of your account and you will not be able to access any Content. If your account is suspended or terminated for non-payment, you will not be able to access the Content.
8.3 Physical Goods; Shipping; Returns. Company may from time to time offer physical or “hard” goods (such as books or other tangible products) for sale in connection with the Services. Unless otherwise stated at the time of purchase, Company may add shipping and handling fees to your order, and any delivery dates or timeframes are good-faith estimates only. Risk of loss and title for physical goods pass to you upon Company’s delivery of the goods to the carrier. Providing accurate shipping and contact information is your responsibility. Consistent with Section 8.1, all sales of physical goods are final and non-refundable except where Company expressly offers a refund or return in writing or where a refund or return right cannot be waived under applicable law. Where Company expressly offers a refund or return for a physical good (other than the complimentary book addressed in Section 8.5), all of the following conditions must be met: (a) you must request the refund in writing by contacting Company’s customer support at the support address identified in these Terms; (b) your request for a refund must be made within thirty (30) days of your purchase; (c) you must return the goods to Company promptly, in accordance with the shipping and other instructions Company provides by email after you request the refund; and (d) the goods must be returned to Company in like-new or re-sellable condition, as determined in Company’s sole, reasonable discretion.
8.4 Free Trials and Introductory Offers. Company may, in its sole discretion, offer free trials or discounted introductory periods for certain Services. Unless otherwise stated in writing, if you do not cancel before the end of the free trial or introductory period, your subscription will automatically convert to a paid subscription and the payment method you provided will be charged the then-current subscription rate on a recurring basis until you cancel in accordance with these Terms. You must provide a valid payment method to enroll in a free trial. Company will disclose the material terms of any free trial or introductory offer, including its duration and the rate applicable upon conversion, at the time of enrollment, and you authorize Company to charge that rate upon conversion. Unless otherwise stated, only one free trial or introductory offer may be used per person, and Company reserves the right to modify or discontinue any free trial or introductory offer at any time.
8.5 Promotional Book Offer; Satisfaction Guarantee. From time to time Company may offer a complimentary copy of a book or similar item, conditioned on your payment of a one-time shipping and handling fee. A single copy is provided at no charge when you cover the cost of shipping; additional shipping and handling fees may apply for expedited delivery or for additional items ordered. Please allow approximately ten to fourteen (10–14) business days for delivery. Notwithstanding the general non-refundable policy in Sections 8.1 and 8.3, and as Company’s express written refund undertaking for this offer, if you are not satisfied with the book, Company will refund your shipping and handling fee upon your request to Company’s customer support, and you may keep the book without any obligation to return it. This satisfaction guarantee applies solely to the shipping and handling fee for the complimentary book and does not extend to any other Services, subscriptions, or products, which remain subject to Sections 8.1 and 8.3. Company reserves the right to modify or discontinue this offer at any time.
8.6 Automatic Renewal; Cancellation. IMPORTANT: SUBSCRIPTIONS AUTOMATICALLY RENEW UNTIL CANCELLED. Subscriptions (including free trials or introductory offers that convert to paid) renew at the end of each billing period for a like period, and the payment method on file will be charged the then-current rate plus applicable taxes, without further notice, until you cancel; by enrolling you authorize these recurring charges. You may cancel at any time through your User Account or by contacting Company’s customer support at the address identified in these Terms, using a method at least as easy as the method you used to enroll. To avoid the next charge, you must cancel before the end of the current billing period (or, for a trial or introductory offer, before it ends). Cancellation takes effect at the end of the then-current period; except where a refund is required by law or expressly offered by Company in writing, amounts already charged are non-refundable, you retain access through the paid period, and any minimum or fixed term (including an amortized plan under Section 8.2) remains payable in full. Where required by law, Company will notify you of renewals and material price or term changes before they take effect, and will honor the disclosure, notice, and cancellation rights of California and other applicable automatic-renewal or consumer-protection laws.
8.7 Third-Party Products and Merchants. The Services may allow you to purchase or link you to third-party products or services. Company is not responsible for any aspect of such products or services or for the applicable merchant’s separate terms and privacy practices, and any purchase is solely between you and the merchant. You are financially responsible for all purchases made through the Services by you or on your behalf, which must be for lawful, non-fraudulent purposes only. To the fullest extent permitted by law, you release Company and its affiliates from any claim, loss, or damage arising out of your dealings with, or the products or services of, any third-party merchant.
9. DISCLAIMER OF WARRANTIES
9.1 No Professional Advice; No Reliance. Company is an instructional and training company. All Services and Content are provided for general informational and educational purposes only and do not constitute legal, financial, investment, tax, accounting, real estate, or other professional advice. Nothing in the Services, or in any communication with Company or its presenters, creates an attorney-client, fiduciary, broker-client, or other professional relationship between you and Company or any of its presenters, personnel, or representatives. Any figures, earnings, or outcomes referenced are those of the presenter or select participants, are provided for illustrative purposes only, and are not indicative of average or expected results. Past performance is not indicative of future results, and no guarantee of income or profit is expressed or implied. Individual results will vary based on market conditions, applicable laws, experience, effort, and access to capital. Nothing in the Services constitutes an offer to sell a franchise, business opportunity, investment, or security of any kind, and any such offering will be made only through required disclosure documentation in compliance with applicable federal and state law. Company and its presenters are not registered broker-dealers or investment advisers under federal or state securities laws, and nothing in the Services should be construed as investment advice, a securities offering, or a recommendation to buy or sell any security or investment product. All strategies discussed involve inherent risks that vary by jurisdiction. You are solely responsible for determining and complying with all laws and regulations applicable to your activities, and Company makes no representation that any strategy or method taught through the Services is lawful or suitable in your jurisdiction. You are encouraged to consult a licensed attorney, CPA, or other qualified professional before acting on anything made available through the Services.
9.2 As-Is; No Warranties. YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE.
9.3 No Warranty of Uninterrupted or Error-Free Service. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOU ASSUME ALL RISK OF LOST OR DAMAGED DATA SUSTAINED FROM YOUR USE OF THE SERVICES AND ITS CONTENT.
9.4 Data Security and Anti-Virus Responsibility. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SERVICES FOR ANY RECONSTRUCTION OF ANY LOST DATA. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES.
9.5 Events; Assumption of Risk. WITH RESPECT TO ANY LIVE, IN-PERSON, OR VIRTUAL EVENT, WORKSHOP, SEMINAR, MASTERMIND, MEETING, OR OTHER GATHERING THAT IS PART OF OR RELATED TO THE SERVICES, YOU PARTICIPATE AT YOUR OWN RISK. COMPANY MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SAFETY, CONDITION, SUITABILITY, OR AVAILABILITY OF ANY VENUE, PREMISES, FACILITIES, ACCOMMODATIONS, FOOD OR BEVERAGE, TRANSPORTATION, OR THIRD-PARTY SERVICES OR PRODUCTS MADE AVAILABLE AT OR IN CONNECTION WITH ANY SUCH EVENT, OR REGARDING THE CONDUCT OF ANY ATTENDEE, SPEAKER, VENDOR, OR OTHER THIRD PARTY. COMPANY DOES NOT WARRANT THAT ANY EVENT WILL TAKE PLACE AS SCHEDULED OR AT ALL, AND RESERVES THE RIGHT TO RESCHEDULE, RELOCATE, MODIFY, OR CANCEL ANY EVENT. TO THE FULLEST EXTENT PROVIDED BY LAW, YOU ASSUME ALL RISK OF PERSONAL INJURY, ILLNESS, DEATH, AND LOSS OF OR DAMAGE TO PROPERTY ARISING FROM YOUR USE OF THE SERVICES AND ITS CONTENT OR YOUR ATTENDANCE AT OR PARTICIPATION IN ANY SUCH EVENT. THE FOREGOING DISCLAIMERS DO NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9.6 Investment, Securities, and Model-Portfolio Content. To the extent any Content addresses securities, investments, trading, real estate, or financial strategies, or includes any model portfolio, sample portfolio, watch list, trade alert, or similar illustrative material, such Content is provided for general informational and educational purposes only, is impersonal, is not tailored to any individual’s circumstances, and does not constitute investment, financial, tax, or legal advice or a recommendation, offer, or solicitation to buy, sell, or hold any security or to enter into any transaction or strategy. Any views expressed are those of the author as of the date given and may change without notice; any figures, quotes, or performance data are believed reliable but are not guaranteed, may be delayed, and may not be current or complete. Past performance is not indicative of future results, and no particular outcome, income, or profit is promised or implied. You further acknowledge that Company and its affiliates, presenters, and personnel may hold, acquire, or dispose of positions in securities or other assets referenced in the Content and may take positions inconsistent with the views expressed. You are solely responsible for your own investment and financial decisions and should consult a licensed professional before acting on any such Content.
9.7 Franchise, Financing, and Joint-Venture Disclaimer. To the extent any Content or offer references a business model, “business-in-a-box,” turnkey business, franchise, licensing, financing, or joint-venture opportunity: (a) Company is not a franchisor, franchise broker, franchise seller, lender, mortgage broker, or provider of financing, and nothing in the Services constitutes an offer to sell or the sale of a franchise, business opportunity, or security, or an offer or commitment to provide or arrange financing; (b) any access to franchise opportunities, pre-negotiated terms, financing, or similar benefits is provided by independent third parties and is contingent on a completed application and the separate, independent approval of those third parties in their sole discretion; (c) Company does not guarantee financing, “zero-down” or other terms, franchise or business placement, approval, income, profitability, or any particular business result, and all terms, availability, and eligibility vary based on your individual qualifications, including creditworthiness and financial profile; (d) any reference to a joint venture, partnership, co-ownership, or active-participation opportunity is illustrative only, does not create any partnership, joint venture, agency, or fiduciary relationship between you and Company or any of its personnel unless set forth in a separate written agreement signed by Company, and imposes no obligation on Company to enter into any such arrangement; and (e) you accept sole responsibility for evaluating, pursuing, and bearing the risks of any such opportunity, and Company and its affiliates and personnel assume no liability for denied applications, financing outcomes, or business performance.
10. LIMITATION OF LIABILITY
10.1 Aggregate Liability Cap. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF COMPANY, ITS SUBSIDIARIES, AFFILIATES, AND BRAND VISIONARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, AND SUPPLIERS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF: (I) THE AMOUNT YOU HAVE ACTUALLY PAID TO COMPANY FOR THE APPLICABLE SERVICE IN THE LAST SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS FIRST GIVING RISE TO A CLAIM, OR (II) TEN DOLLARS ($10). THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER-INCIDENT (I.E., THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT).
10.2 Exclusion of Indirect and Consequential Damages. IN NO EVENT SHALL COMPANY, ITS SUBSIDIARIES, AFFILIATES, AND BRAND VISIONARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ASSIGNEES, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR LOST REVENUE, LOST PROFITS, DAMAGES OR LIABILITY BASED ON YOUR REVENUE, OR LOST OR DAMAGED DATA, OR DAMAGES OR LIABILITY BASED ON THE AMOUNT OR DURATION OF USE OF A PRODUCT AND/OR SERVICE, ARISING FROM ANY TYPE OF CLAIM WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF YOU HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE.
10.3 Time Limitation for Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
11. JURY WAIVER AND CLASS ACTION WAIVER
11.1 Jury waiver. IF FOR ANY REASON A CLAIM OR DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL. YOU AND COMPANY EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE. THIS JURY TRIAL WAIVER IS INTENDED TO APPLY TO ALL DISPUTES BETWEEN YOU AND COMPANY, INCLUDING THOSE ARISING UNDER THE EXCEPTION SET FORTH ABOVE OR ANY OTHER CLAIMS THAT PROCEED IN COURT. YOU ACKNOWLEDGE THAT YOU HAVE BEEN INFORMED OF THIS WAIVER AND THAT YOU KNOWINGLY AND VOLUNTARILY WAIVE YOUR RIGHT TO A JURY TRIAL.
11.2 CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS OF USE, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDING. YOU AGREE THAT YOU WILL ONLY BE PERMITTED TO BRING CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. YOU HEREBY EXPRESSLY AND KNOWINGLY WAIVE ANY RIGHT TO INITIATE OR PARTICIPATE IN CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEDURES. UNLESS BOTH PARTIES MUTUALLY AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. IN ADDITION, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. NOTHING IN THIS CLASS ACTION WAIVER REQUIRES YOU TO WAIVE ANY RIGHT OR REMEDY THAT CANNOT BE WAIVED AS A MATTER OF LAW. THIS CLASS ACTION WAIVER IS INTENDED TO BE ENFORCEABLE TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE FEDERAL LAW, INCLUDING PURSUANT TO THE FEDERAL ARBITRATION ACT. IF ANY PORTION OF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE AS TO ANY PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), THEN THAT CLAIM OR REQUEST FOR RELIEF SHALL BE SEVERED AND, TO THE EXTENT REQUIRED BY LAW, MAY PROCEED IN COURT, AND ALL REMAINING CLAIMS AND REQUESTS FOR RELIEF SHALL REMAIN SUBJECT TO ARBITRATION ON AN INDIVIDUAL BASIS. SUCH SEVERANCE SHALL NOT VOID OR OTHERWISE AFFECT THE AGREEMENT TO ARBITRATE AS TO ANY OTHER CLAIM OR REQUEST FOR RELIEF.
12. ARBITRATION
12.1 Agreement to Arbitrate. Any dispute, controversy or claim arising out of, relating to or in connection with these Terms of Use, including the breach, termination, or validity thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The place of arbitration shall be Phoenix, Maricopa County, Arizona, provided that if you reside outside of Maricopa County, the arbitration may be conducted by telephone, online, or based solely on written submissions, as determined by the arbitrator. The arbitrator shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims and may not preside over any form of a representative or class proceeding, and the AAA may not administer any form of class or representative arbitration. Notwithstanding the tribunal’s power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis; any challenge to the class action waiver must be decided by a court of competent jurisdiction. This agreement to arbitrate is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, any discovery, and any documents exchanged or produced, except as may be necessary to prepare for, conduct, or participate in the arbitration, to enforce or challenge the award, as required by applicable law, or in confidence to a party’s legal counsel, accountants, auditors, insurers, or immediate family. This confidentiality obligation applies equally to both parties.
12.2 Fees; Small Claims. Each party shall otherwise bear its own attorneys’ fees and costs, except where a statute or these Terms of Use provide otherwise. Notwithstanding the agreement to arbitrate, either party may bring an individual claim in a small claims court of competent jurisdiction if the claim qualifies to be heard in that court and proceeds on an individual (non-class, non-representative) basis.
12.3 Severability; Effect of Unenforceability. If the class action waiver set forth above is found to be void or unenforceable by a court of competent jurisdiction as to any particular claim or request for relief that cannot be severed, and if such finding is not reversed on appeal, then the agreement to arbitrate shall be deemed null and void as to that particular claim or request for relief only, which shall proceed exclusively in the state or federal courts located in Phoenix, Maricopa County, Arizona. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. In all events, the agreement to arbitrate, the class action waiver, and all other provisions of these Terms of Use shall remain in full force and effect as to every other claim and request for relief, and no such finding shall be construed to void arbitration generally or to permit any claim to proceed on a class, collective, or representative basis. Company expressly does not consent to class or representative arbitration under any circumstances.
12.4 Mass Arbitration. If twenty-five (25) or more similar claims are asserted against Company by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your claim may be delayed and ultimately proceed pursuant to the AAA’s Mass Arbitration Supplementary Rules or similar mass arbitration protocols. In such cases, a bellwether process may be implemented where a limited number of claims are arbitrated first; provided that the outcome of any bellwether claim shall not be binding on, or determinative of, the individual claim of any claimant who did not participate in that bellwether proceeding. You agree to cooperate in good faith with any bellwether or batching procedures. Company reserves the right to consolidate arbitrations involving common questions of law or fact, provided that such consolidation does not result in class-wide arbitration or representative proceedings.
12.5 Arbitration Opt-Out. You may opt out of this arbitration agreement and class action waiver by providing written notice of your decision to do so within thirty (30) days of your first acceptance of these Terms of Use. Such notice must be sent to: Deal Detective, LLC, Attn: Arbitration Opt-Out, 1050 W Washington, STE 133, Tempe, AZ 85288, or by email to [email protected] with the subject line “Arbitration Opt-Out.” Your notice must include your name, address, email address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, Company also will not be bound by these arbitration provisions with respect to you. Opting out will not affect any other aspect of these Terms of Use.
12.6 Sexual Assault and Sexual Harassment Claims. Notwithstanding any other provision of these Terms of Use, and as provided under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”), if a dispute arises or accrues that constitutes a “sexual assault dispute” or “sexual harassment dispute” within the meaning of the EFAA, the person alleging such conduct may, at that person’s sole election, render the binding arbitration and class action waiver provisions herein invalid or unenforceable with respect to that dispute and may instead bring that dispute in a court of competent jurisdiction. If you make such an election, Company reserves the right to compel arbitration of any remaining claims that are not subject to the EFAA. This Section applies only to the extent required by the EFAA and other applicable law.
13. INDEMNITY AND RELEASE
13.1 Indemnification. You agree to indemnify, defend, and hold harmless Company, its subsidiaries, affiliates, Brand Visionaries, and licensors and each of their officers, directors, agents, employees, and assignees (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, expenses, judgments, awards, losses, and damages, including reasonable attorneys’ fees and costs, made or brought by any third party or governmental or regulatory authority relating to or arising out of: (a) your violation of these Terms of Use or your use of the Services, including any use of the Services’ Content, services, and products other than as expressly authorized in these Terms of Use; (b) your use or implementation of any information, strategy, method, or material obtained from the Services; (c) any dispute, transaction, loan, partnership, joint venture, referral, or other dealing or issue between you and any other User or third party, including any funds you provide to or receive from any other person; (d) your User Content, including without limitation any claim of infringement of intellectual property or other proprietary rights; (e) any real estate, investment, financing, or lending activity you undertake, including any “subject-to,” seller-financing, wholesaling, assignment, “gator,” earnest-money, transactional, or gap-funding transaction, and any acquisition, disposition, or management of property; (f) your violation of, or failure to comply with, any applicable law, rule, or regulation; (g) any personal injury, illness, death, or property damage arising from your acts or omissions at or in connection with any live, virtual, or in-person event; and (h) your unauthorized practice of law or provision of legal, financial, tax, real estate, or investment advice, or your holding yourself out as authorized to act on behalf of Company.
13.2 Indemnification Procedures. As a condition of your obligations under Section 13.1, Company will: (a) notify you in writing of any claim reasonably promptly after becoming aware of it, provided that delay excuses your obligations only to the extent you are actually and materially prejudiced; (b) allow you to control the defense and settlement with counsel reasonably acceptable to Company, provided that Company may participate with its own counsel at its own expense, and you may not settle or consent to any judgment that imposes any liability, obligation, injunction, or admission on, fails to fully and unconditionally release, or adversely affects any right (including intellectual property rights) of any Indemnified Party without Company’s prior written consent; and (c) provide reasonable cooperation at your expense. Company may instead assume sole control of the defense and settlement of any claim upon written notice, in which case you remain responsible for all indemnified losses and Company’s reasonable attorneys’ fees and costs
13.3 Release. To the fullest extent permitted by applicable law, you hereby release, discharge, and hold harmless Company, its subsidiaries, affiliates, Brand Visionaries, licensors, and each of their officers, directors, agents, employees, and assignees (collectively, the “Released Parties”) from any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees), whether known or unknown, arising out of or relating to: (a) any interactions, communications, or dealings you have with other Users or third parties, whether online or in-person, including at any Company events; (b) any dispute, transaction, loan, partnership, joint venture, referral, funding, or other dealing between you and other Users or third parties, including any funds you provide to or receive from any other person; (c) any products, services, or content provided by third parties accessed through the Services or Linked Sites; (d) any physical injury, illness, death, or property damage occurring at any live, in-person events, workshops, seminars, or other gatherings sponsored, hosted, or organized by Company, except to the extent caused by Company’s gross negligence or willful misconduct; and (e) any actions or omissions of third-party service providers utilized by Company in connection with the Services. You understand and acknowledge that Company is not responsible for the conduct, whether online or offline, of any User or third party. Because this release covers claims you may not know or suspect to exist in your favor at the time of release, you expressly waive the protections of California Civil Code Section 1542 and any similar law of any jurisdiction, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This release does not apply to claims that cannot be released as a matter of law.
14. TERMINATION OR SUSPENSION OF SERVICE RIGHTS
You agree that Company, in its sole discretion, may deactivate or suspend your account or otherwise terminate your use of the Services, in whole or in part, for any reason or no reason, including, without limitation, if Company believes that you have (a) breached these Terms of Use; (b) infringed or otherwise misappropriated the intellectual property rights of Company or a third party; (c) posted, uploaded, displayed, sent, or transmitted Unauthorized Content; or (d) violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any deactivation or termination of your access to the Services may be effected without prior notice to you and Company shall not be liable to you nor any third party for any termination of your account or the Services. You also acknowledge that Company may retain and store your information on Company’s systems notwithstanding any termination of your account or the Services.
15. DISPUTE PROCEDURE AND CLAIMS OF COPYRIGHT INFRINGEMENT
15.1 DMCA Notice. Company has registered a Registered Copyright Agent with the United States Copyright Office, which limits its liability under the Digital Millennium Copyright Act. It is our policy to terminate the account of any User who repeatedly infringes any copyright upon prompt notification to us by the copyright owner or the copyright owner’s legal agent. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Company’s Copyright Agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright, or other intellectual property interest;
a description of the product, work, or other intellectual property that you claim has been misrepresented or infringed;
a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Services;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright, or intellectual property, or its agent, or applicable law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf.
Company’s Copyright Agent for notice of disputes or claims of copyright or other intellectual property infringement can be reached as follows: Copyright Agent: New Reach Holdco, LLC Email: [email protected]
15.2 Counter-Notification. If you believe that material you posted was removed or disabled by mistake or misidentification, you may send a written counter-notification to Company’s Copyright Agent at the address above. The counter-notification must include: (a) your physical or electronic signature; (b) identification of the material that was removed or disabled and the location at which it appeared before it was removed or disabled; (c) a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; (d) your name, address, and telephone number; and (e) a statement that you consent to the jurisdiction of the federal court located in Maricopa County, Arizona (or, if your address is outside the United States, any judicial district in which Company may be found), and that you will accept service of process from the person who provided the original infringement notice or that person’s agent. Upon receipt of a valid counter-notification, Company may restore the removed material in accordance with the Digital Millennium Copyright Act. It is Company’s policy, in appropriate circumstances, to disable or terminate the accounts of users who are repeat infringers.
16. MISCELLANEOUS PROVISIONS
16.1 Assignment. Company may freely transfer or assign any portion of its rights or delegate its obligations under these Terms of Use. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms of Use without the prior written consent of Company.
16.2 No Securities Offering. Neither your membership nor any Incentive (as defined below) offered in connection with the Services constitutes, or shall be construed as, an offering, solicitation, or sale of any security, equity interest, membership interest, profit-sharing arrangement, investment contract, or other instrument regulated under the Securities Act of 1933, the Securities Exchange Act of 1934, any rules or regulations of the Securities and Exchange Commission, or any applicable state securities or “Blue Sky” laws. Any payment you make is solely in exchange for the Services and is not an investment, and you have no expectation of profit from the efforts of Company or any third party. Nothing in these Terms of Use or any related materials, whether written or verbal, shall be interpreted as creating a security or investment opportunity of any kind.
16.3 Incentives. From time to time Company may offer bonuses, incentives, rewards, discounts, credits, access privileges, add-ons, or similar benefits, whether offered in writing or verbally, that are not part of the core Services (collectively, “Incentives”). All Incentives are provided solely in connection with your subscription and are: (a) non-monetary benefits that do not constitute securities, equity interests, profit-sharing, dividends, or any form of investment return; (b) available only to active members in good standing; (c) conditional, non-transferable, non-vested, and non-assignable; and (d) subject to modification, suspension, or termination at Company’s sole discretion at any time without notice or liability. Incentives have no cash value, do not appreciate over time, and carry no expectation of profit, capital appreciation, or monetary return. Active membership is required both when an Incentive is awarded and when it is redeemed. You acknowledge and agree that you are purchasing membership solely to access the Services and not as an investment or for any speculative purpose.
16.4 Governing Law. You agree that any legal lawsuit or other action brought by Company, you or any third party to enforce these Terms of Use, or in connection with any matters related to the Services, shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).
16.5 Linked Sites. The Service may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. Company does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites, and (c) we will not be liable for any transactions conducted by you with third parties through the Linked Sites or for any liability arising from the representations or information provided on such Linked Sites. We may remove any Linked Sites from the Service at any time for any reason or for no reason. If you access any of the Linked Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such Linked Sites.
16.6 Injunctive Relief. Notwithstanding the agreement to arbitrate, Company may seek temporary, preliminary, emergency, or permanent injunctive relief from a court of competent jurisdiction located in Phoenix, Maricopa County, Arizona, without first engaging in arbitration, to protect intellectual property rights, confidential information, trade secrets, the non-disparagement provisions herein, or to prevent irreparable harm. You agree that Company may seek such injunctive relief without the necessity of proving actual damages or posting a bond or other security. Company’s exercise of this right shall not waive its right to compel arbitration of any dispute. You may seek only temporary, preliminary, or emergency injunctive relief from a court pending the outcome of arbitration, and any request for permanent injunctive relief on your behalf shall be determined by the arbitrator.
16.7 Geographic Limits. Company is based in the State of Arizona in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its Content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
16.8 Severability and Force Majeure. In the event that one or more terms of these Terms of Use becomes or is declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, each such term shall be null and void and shall be deemed deleted from these Terms of Use. All remaining terms of these Terms of Use shall remain in full force and effect. Company shall have no liability under these Terms of Use to the extent arising from any failure of Company to perform any of its obligations under these Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failure, governmental act or court order, national emergency epidemic or pandemic, strikes or labor disputes or any other event beyond Company’s reasonable control. Company shall not be responsible for damage or other problems caused by any unauthorized change to these Terms of Use made by way of hacking or cracking this page.
16.9 Survival. The following provisions, together with any other provisions that by their nature are intended to survive, shall survive the termination or expiration of these Terms of Use: User Representations and Warranties; Non-Disparagement; User Content (including all licenses granted therein) and User Responsibility for User Content; Intellectual Property Rights (including the Feedback license); Recordings, Consent & Publicity (including all licenses and releases granted therein); Payment Terms (with respect to any amounts owed); No Professional Advice; No Reliance; Disclaimer of Warranties; Limitation of Liability; Jury Waiver and Class Action Waiver; Arbitration (including the confidentiality provisions therein); Indemnity and Release (including the waiver of unknown claims); Termination or Suspension of Service Rights (with respect to the retention and storage of information); No Securities Offering; Incentives; Governing Law; and this Miscellaneous Provisions section. Any other provisions that by their nature are intended to survive shall also survive the termination or expiration of these Terms of Use.
16.10 Waiver and Section Titles. Any delay or failure on the part of Company to enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. The section titles herein are displayed for convenience only and have no legal effect.
16.11 No Third-Party Beneficiaries. These Terms of Use are for the sole benefit of Company and you, and nothing in these Terms of Use, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms of Use. No third party shall have any right to enforce any provision of these Terms of Use.
16.12 Entire Agreement. These Terms of Use, and any order form or other agreement between you and the Company that references and incorporates these Terms of Use, constitute the entire agreement between you and Company relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Service by Company.
16.13 Notices. You agree that Company will provide notices and messages to you either within the Services or sent to the contact information that you provided. You are responsible for providing us with your most current email address. If you have provided an invalid email, or such address is not capable of receiving our notices, our dispatch of such email will nonetheless constitute effective notice. Any notice which may be required to be given to us under these Terms of Use may be sent to us at: Deal Detective, LLC, 1050 W Washington, STE 133, Tempe, AZ 85288, or by email to [email protected].
16.14 Electronic Communications and Signatures. When you use the Services or send communications to Company electronically, you are communicating with Company electronically and consent to transact business with Company by electronic means. You agree that all agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications be in writing, and that any electronic acceptance, click-through assent, or other electronic indication of agreement (including clicking “I Accept” or “I Agree”) constitutes your signature and has the same legal force and effect as a handwritten signature. You agree not to contest the validity, enforceability, or admissibility of these Terms or any related record on the basis that it was created, signed, or delivered electronically.
16.15 Mobile Applications; App Store Terms. If Company makes any mobile or downloadable application (an “App”) available, Company grants you a limited, non-exclusive, non-transferable, revocable license to use it on a device you own or control for your personal, non-commercial use, subject to these Terms and the applicable app-store terms. For any App obtained through the Apple App Store or Google Play (each, an “App Store”): (a) these Terms are between you and Company only, not the App Store, which is not responsible for the App or its content; (b) your use must comply with the App Store’s usage rules; (c) Company, not the App Store, is solely responsible for the App and any warranties, maintenance, and support, and, to the maximum extent permitted by law, the App Store has no warranty obligation; (d) the App Store is not responsible for any claims relating to the App, including product-liability, regulatory-compliance, or consumer-protection claims; (e) Company, not the App Store, is responsible for any third-party intellectual-property infringement claim relating to the App; (f) you represent that you are not located in a U.S.-embargoed or “terrorist supporting” country and are not on any U.S. Government prohibited- or restricted-party list; and (g) notwithstanding Section 16.11, Apple Inc. and Google LLC and their subsidiaries are third-party beneficiaries of these Terms with respect to the App and may enforce them against you.
16.16 Export Controls and Sanctions Compliance. The Services and Content may be subject to U.S. export control and sanctions laws, including the Export Administration Regulations and the regulations of the U.S. Treasury’s Office of Foreign Assets Control (“OFAC”). You represent, warrant, and covenant that you: (a) are not located in, organized under the laws of, or resident in any comprehensively U.S.-sanctioned country or territory; (b) are not, and are not owned or controlled by any party, identified on any U.S. Government restricted-party list, including OFAC’s Specially Designated Nationals and Blocked Persons List; and (c) will not access, use, export, re-export, or transfer the Services or Content in violation of any applicable export control or sanctions law. You are solely responsible for such compliance.
16.17 Accessibility. Company endeavors to make its Services accessible, including to individuals with disabilities, and to conform to generally recognized accessibility standards where commercially reasonable, but does not warrant that the Services are accessible in all respects or compatible with every assistive technology. If you have difficulty accessing any portion of the Services, or any question or request for accommodation, contact Company at the email identified below, and Company will make reasonable efforts to provide the information, feature, or service through an alternative accessible means.
16.18 Contact. All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: [email protected].
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