The following are terms of a legal agreement (this “Agreement”) between you and Cash Flow Tactics, LLC (“us” or “we” or the “Company”). These terms and conditions apply to a user (“you” or “your”) who accesses, browses, or otherwise uses this website (“Site”) or the educational products sold by this Site (the “Products”). By accessing, browsing, or otherwise using this Site, you acknowledge that you have read, understood, and agreed to be bound by these terms and conditions and to comply with all applicable laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse, or use this Site. The material provided on this Site is protected by law, including United States copyright law and international treaties. All Site materials (including any content, software, user interface designs, data, text, photos, pictures, graphics, images, audio and video clips, logos, and icons) (the “Materials”) are copyrighted Materials, ALL RIGHTS RESERVED.
You must be at least 18 years of age to use the Products, Materials, or this Site.
Please read this Agreement carefully, as it governs your use of the Products, Materials, and this Site.
If you have any questions regarding this Agreement, or any agreement or document incorporated herein, please contact the Company at email@example.com
Purchase of License to Use Cashflow Tactics Academy Educational Materials.
In consideration for your payment of four hundred ninety seven dollars ($497), the Company agrees to provide you access to, and grant to you a limited, worldwide, nonexclusive, nontransferable, nonsublicenseable, and revocable license to use, for personal, noncommercial use only, subject to the restrictions in this Agreement, the following Products or Materials (the “Academy Products”):
(a) Cashflow Tactics Masterclass Digital Course. One (1) Masterclass Digital Course of your choosing from the Masterclass Digital Courses offered by the Company.
(b) Coaching Calls. Six (6) coaching calls, consisting of access to call a telephone conference line at Company-specified times to listen to, and be heard by, Company-chosen coaches.
(c) Game Plan Session. One (1) in-person, telephone, or electronic meeting at a Company-chosen time with a Company-chosen member of the Cashflow team that includes one-on-one instruction related to the Company’s educational materials.
(d) Facebook Page Access. Acceptance into the Company’s private Facebook page.
Additional Payments Required for Certain Products.
Certain products, services, or materials displayed on the Site are not included in the Academy Products and may require additional payment.
The Materials and Products are for educational purposes only and are not intended to be directions or instructions for accomplishing a particular objective. The methods, ideas, theories, and suggestions presented in the Materials and Products have not been scientifically tested and we cannot guarantee their efficacy or accuracy. You should use careful judgement when evaluating the Materials and Products and form your own independent opinion.
Investing involves important risks and uncertainties. Investing in accordance with the methods, ideas, theories, or suggestions presented in the Products or Materials may subject you to certain of those risks. You should carefully consider any risk before deciding to proceed with any investment. Any risk could adversely affect the results of an investment and you could lose all or part of your investment. Additional risks and uncertainties that we do not know of, or that we currently think are immaterial, could also impair your results.
Certain types of investments, including 401(k) plans, Roth IRA plans, and similarly tax advantaged plans are the subject of certain guarantees and protections under federal law. Other types of investments may not be subject to the same guarantees or protections and could therefore be subject to additional risk. Compare available protections before choosing one investment over another.
1. Access Subject to Terms and Conditions. This Agreement applies to your access to, and browsing or other use of, this Site and the Products and does not alter in any way the terms and conditions of any other agreement you may have with the Company for products, software, Products, or otherwise, unless otherwise directed by the Company. If you breach any of these terms and conditions, your authorization to use this Site and the Products automatically terminates and you must immediately destroy any downloaded or printed Materials and discontinue use of any hyperlinks to this Site.
2. Trademarks. The trademarks, trade dress, service marks, trade names, and logos (the “Marks”) used and displayed on this Site are registered and unregistered Marks of the Company or its suppliers or other third parties. In addition, the Marks include all page headers, custom graphics, button icons, and scripts. No Mark may be copied, imitated, or used, in whole or in part, without the prior written permission of the Company or the owner of the Mark at issue. Nothing on this Site will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark used or displayed on the Site, without the express written permission of the Company or the owner of the Mark at issue. The misuse of any Mark displayed on this Site is strictly prohibited.
3. License Restrictions. You acknowledge and agree that you do not acquire any ownership rights by using the Site, the Products, the Marks, or the Materials. You may not: (a) copy the Products or any software or programming related thereto; (b) modify, distribute, copy, reproduce, display, republish, download, upload, or transmit any Materials for commercial use or otherwise, without the prior written approval of Company; (c) “frame” or “mirror” any Materials contained on this Site on any other server without the prior written permission from Company; (d) permit other individuals or companies to use the Products or the Materials; (e) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based upon this Site, Materials, Products, or any software or programming related thereto; (f) rent, lease, transfer, resell, or otherwise transfer rights to the Marks, the Materials, or the Products; or (g) delete or write-over any portion of any software relating in any manner to the Site or the Products. You also agree that you will only use this Site, the Products, the Marks, and the Materials in a manner that complies with all applicable laws in the jurisdictions in which you use them, and that your use of this Site, the Products, the Marks, and the Materials is subject to all applicable local, state, national, and international laws and regulations. You agree that your use of this Site and the Products will not violate or infringe the rights of any third party. Any forbidden use will immediately and automatically terminate your license to use the Products and the Materials without notice. Any unauthorized use of the Products, the Marks, or the Materials may violate copyright laws, trademark laws, the laws of privacy, and publicity and communications regulations and statutes. The Company reserves any rights not expressly granted herein. You will be solely responsible for hardware, interconnections, and telecommunications to access the Products.
4. Company Materials. This Site, the Materials, the Marks, the Products, Internet operations, know-how, goodwill, and moral rights are and will remain the sole and exclusive property of the Company.
5. Modification. The Company may revise this Agreement at any time without notice by updating this posting. By accessing, browsing, or otherwise using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then-current terms and conditions of use to which you are bound. Any new information, Products, or features on this Site will be subject to this Agreement. The current version of this Agreement is dated June 13, 2019.
6. General Disclaimer; Not an Offer or Solicitation. All of the content on the Site is for general information and educational purposes only and is not intended to be taken as advice regarding any individual circumstance. The Site is not selling investments, insurance, real estate, securities, or anything other than education and is not providing tax advice, legal advice, or investment advisory products. The Company does not recommend the purchase or sale of investments, insurance, real estate, securities, or other products, and any examples or game plans provided are for illustrative purposes only to demonstrate the application of general investing principles. As you apply the educational principles you learn on the Site, you should understand that there is risk in any investment, and the Company cannot guarantee any particular results or success.
7. Additional Use Restrictions. You may only use this Site, the Products, the Marks, and the Materials in a manner that, in the Company’s sole judgment, is consistent with the intended purposes thereof. If you are unsure of whether any contemplated use or action is permitted, please contact the Company at firstname.lastname@example.org. By way of example, and not limitation, you agree not to: (a) access, or attempt to access, other areas of the Company computer system or other computer systems through this Site for any purposes; (b) use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the pages on this Site or the content contained hereon without the Company’s prior, express, and written permission; (c) use any device, software, or routine to interfere, or attempt to interfere, with the proper working of this Site or take any action that imposes an unreasonable or disproportionately large load on the Company’s infrastructure; (d) restrict or inhibit any other visitor from using the Site, including by means of “hacking” or defacing any portion of the Site; (e) express or imply that any statements you make are endorsed by the Company; (f) assist any third party in engaging in any activity prohibited by this Agreement.
8. Downloadable Materials. Any Products or Materials that are made available to download from this Site are the copyrighted work of the Company or its suppliers or other third parties. Without limiting the foregoing, copying or reproduction of the Products or Materials to any other server or location for further reproduction or redistribution is expressly prohibited.
9. Modification or Cancellation of Products. The Company may, in its sole discretion and at any time, modify, cancel, or suspend the Products, or any part thereof, without cause and without notice. You agree that the Company will not be liable to you or to any third party for any immaterial modification of the Products or any modification of the Products that, in the Company’s sole discretion, constitutes an improvement. Upon cancellation of the Products, your right to use the Products stops immediately.
10. Security. You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure, and the Company cannot guarantee that any personal information you submit to it will be free from unauthorized third-party intrusion. You understand and agree that all information you submit to THE Company is done so at your own risk.
11. DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF THE PRODUCTS, MATERIALS, AND THIS SITE IS AT YOUR SOLE RISK. THE PRODUCTS AND THIS SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, AND THE COMPANY (INCLUDING ITS SUBSIDIARIES, AFFILIATES, MANAGERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, INDEPENDENT CONSULTANTS, SUBCONTRACTORS, DISTRIBUTORS, OR ANY CLIENT (COLLECTIVELY, “COMPANY THIRD PARTIES”)) ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS, DATA, CONTENT, OR PERSONALIZATION SETTINGS. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY AND COMPANY THIRD PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, QUIET ENJOYMENT, TITLE, AND INFORMATIONAL CONTENT. NEITHER THE COMPANY NOR ANY COMPANY THIRD PARTY MAKE ANY WARRANTY THAT THIS SITE, THE MATERIALS, OR THE PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- OR VIRUS-FREE OR THAT ANY DEFECTS IN THE SITE, THE MATERIALS, OR THE PRODUCTS WILL BE CORRECTED; NOR DOES THE COMPANY OR ANY COMPANY THIRD PARTY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM, OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH, THE USE OF THE PRODUCTS OR THIS SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND THE PRODUCTS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO A COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE PRODUCTS WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS CONTAINED HEREIN MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
12. LIMITATION OF LIABILITY. IN NO EVENT WILL THE COMPANY OR ANY COMPANY THIRD PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST OR DAMAGED DATA, OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO THE USE, OR INABILITY TO USE, THE PRODUCTS, THIS SITE, ANY WEBSITES LINKED TO THIS SITE, THE MATERIALS, OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, THE PRODUCTS, OR SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL AND AGGREGATE LIABILITY OF ANY PARTY UNDER THIS AGREEMENT FOR ANY CAUSE OF ACTION OR REASON WHATSOEVER EXCEED $100 OR THE TOTAL FEES YOU PAID TO THE COMPANY DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, WHICHEVER IS GREATER. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS TO DISCONTINUE THE USE OF THE PRODUCTS. THE LIABILITY OF ANY PARTY UNDER THIS AGREEMENT WILL BE CUMULATIVE AND NOT PER INCIDENT.
13. Indemnification & Release. You agree to notify the Company of, and indemnify, defend, and hold the Company and its managers, employees, consultants, agents, and other representatives, harmless from and against, any and all claims, damages, losses, costs including reasonable attorneys’ fees, and other expenses that arise directly or indirectly out of or from your breach of this Agreement or your activities in connection with this Site, the Materials, or the Products. You have been made aware of, and understand, the provisions of California Civil Code Section 1542 ("Section 1542"), 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." You expressly, knowingly and intentionally waive any and all rights, benefits and protections of Section 1542 and of any other state or federal statute or common law principle limiting the scope of a general release.
14. Force Majeure. The Company will not be liable to you or any third party for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including acts of any governmental body, war, insurrection, sabotage, terrorism, embargo, fire, flood, interruption of or delay in transportation, unavailability or interruption or delay in telecommunications or third-party products (including DNS propagation), failure of third-party software or hardware, or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Site.
15. Governing Law; Mandatory Arbitration. This Agreement will be governed by and construed under and in accordance with the laws of the state of Utah without giving effect to any choice or conflict of law provision or rule (whether the state of Utah or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the state of Utah. Any controversy, claim, or dispute arising out of, or in any way relating to, the use of the Site or the Products will be submitted to binding arbitration, excepting only claims that may not, by statute, be arbitrated, exclusively to binding arbitration. You acknowledge and agree that you are relinquishing your rights to a jury trial in civil court. Any such matter will be determined by binding arbitration administered by the American Arbitration Association in Salt Lake City, Utah, unless otherwise agreed by the parties. In any arbitration, the burden of proof will be allocated as provided by applicable law. The fees, costs, and expenses of the arbitration will be paid one-half by the party demanding arbitration and one-half by the other party to the arbitration, subject to an award of reimbursement of fees, costs, and expenses by the arbitrator to the prevailing party. The arbitrator must provide a written decision that is subject to limited judicial review consistent with applicable law.
16. General. If any provision of this Agreement is held by the final decision of an arbitrator or a court of competent jurisdiction to be contrary to law, then such provision will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. By agreeing to the terms set forth in this Agreement, you agree to waive any right you may have to a jury trial or to take part in any class action lawsuits. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned, in whole or in part, by the Company. This Agreement may not be assigned in any manner by you without the express, prior written permission of the Company. There are no third-party beneficiaries to this Agreement. This Agreement contains the entire understanding of the parties regarding the subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties regarding the subject matter.
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