The individual enrolling in the Fearless Prospecting internet course hereinafter called "Client."
Fearless-Prospecting.com and Sidney C. Walker & Associates hereinafter called "SCWA."
SCWA agrees to give Client access to the Fearless Prospecting Course, hereinafter called “Course,” “Services,” “Lessons,” “Materials,” “Website.”
The Client acknowledges and agrees that the Services provided under this Agreement, including all videos, material, information or lessons prepared or issued by SCWA for the use of the Client are the sole property of SCWA and SCWA shall retain all rights (including any and all trademarks, copyright or other moral rights), titles and interest in and to the Services. No other use or distribution is authorized save as expressly allowed under this Agreement.
The Client agrees to pay the specified fee for access to the internet course:
Fearless Prospecting and/or Fearless-Prospecting.com.
The obligation of SCWA to perform the Services is conditional upon payment by the Client and performance by the Client of its obligations hereunder.
The foregoing payment is non-refundable.
2. ASSENT & ACCEPTANCE:
By purchasing and participating in the Course, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please cease your participation in the Course immediately. If you do so after purchase, you will not be entitled to any refund. SCWA only agrees to provide the Course to you if you assent to this Agreement.
3. LICENSE TO USE WEBSITE & ACCESS COURSE MATERIALS:
We may provide you with certain information as a result of your accessing of the Course through the Website. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Course ("Materials"). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the Course and your use of the Website. The Materials may not be used for any other purpose.
4. COURSE TERMS:
The Course does not have a structured start date, which means you may begin it at any time.
The Course and any of its accompanying Materials may not be shared with any party. If we suspect that the Course or Materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Course, in our sole and exclusive discretion.
We do not offer any promises or guarantees with regard to our Course or Course Materials. You hereby acknowledge and agree:
A) You are solely and exclusively responsible for the choices that you make with regard to this Course, the Materials contained within it, or any significant changes to your business or life;
B) You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;
C) We are not liable for any result or non-result or any consequences which may come about due to your participation in the Course;
D) This Course does not constitute a therapeutic relationship or a medical one. We do not provide therapy, psychological, or medical services and you are responsible for procuring these services at your own will and discretion if needed.
5. INTELLECTUAL PROPERTY:
You agree that the Materials, the Course, the Website, and any other Services provided by SCWA are the property of SCWA, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the SCWA owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from SCWA.
6. YOUR OBLIGATIONS:
As a participant in the Course, you will be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to participate in the Course. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.
The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the Course or the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
7. NO LIABILITY:
The Course and Website are provided for informational purposes only. You acknowledge and agree that any information posted in the Course, in the Materials, or on the Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your participation in the Course is at own risk. We do not assume responsibility or liability for any advice or other information given in the Course, in the Materials, or on the Website.
8. REVERSE ENGINEERING & SECURITY:
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Course or Website;
b) Violate the security of the Course or Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
9. DATA LOSS:
We do not assume or accept responsibility for the security of your account or content. You agree that your participation in the Course or use of the Website is at your own risk.
The Client hereby waives any claim that it may have against SCWA, its employees, agents and affiliates, and agrees to defend, indemnify, protect and hold harmless SCWA, its employees, agents and affiliates, from any and all claims, liabilities, damages, costs (including costs on a solicitor client full indemnity basis) or expenses of whatever nature, which may arise directly or indirectly, to any party, as a result of the Services provided by SCWA, its employees, agents and affiliates under this Agreement or unauthorized distribution thereof.
11. SPAM POLICY:
You are strictly prohibited from using Course for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
12. MODIFICATION & VARIATION:
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
13. SERVICE INTERRUPTIONS:
We may need to interrupt your access to the Course to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Course and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
14. TERM, TERMINATION & SUSPENSION:
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Please be advised that terminating this Agreement does not entitle you to a refund on any monies spent with us.
15. GENERAL PROVISIONS
The Client acknowledges and agrees that SCWA makes no claims, representations or warranties of any kind with respect to the Services, including, without limiting the generality of the foregoing, the success, performance, or future profits of the Client related to the information and Services provided pursuant to this Agreement.
The terms and conditions herein set forth constitute the entire agreement between the parties hereto with respect to the subject matter hereof, and shall supersede any and all prior agreements, undertakings, representations and communications between the parties. No assignment or modification of this Agreement shall be binding unless made in writing and properly executed by each of the parties hereto.