Welcome to Rapid Growth Academy
TERMS AND CONDITIONS FOR SALE OF SERVICES
Thanks for using our website, services, and applications (“Services”). The Services are provided by Rapid Growth Coach LLC, located in the state of Texas, USA (“Company”). On this General Terms and Conditions (“Terms”), “We”, “Our”, “Us”, “Rapid Growth Academy” refers to Company, and Company’s affiliates, employees, independent contractors, subcontractors, principals and agents.
These Terms apply to all users, visitors, and others who access or use the Service. If you are using our Services on behalf of an entity or organization (“Organization”), you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case “You”, “Your”, “User”, “Users” refers to you and that Organization.
The Services may change as we evolve, refine, or add more features to the Service, in addition we might temporarily or permanently stop providing the Service to you and our users. We might modify these terms at any time, in order to facilitate readability, we may provide the last modified date and a highlight to the changes made. If you continue to use our services it is understood that you are agreeing to the changes made. If you do not agree in whole or in part with these Terms please do not use our Services.
THIS IS A VERY IMPORTANT DOCUMENT, WHICH YOU MUST CONSIDER VERY CAREFULLY WHEN CHOOSING WHETHER TO ACCESS, AND/OR BECOME A MEMBER OF RAPID GROWTH ACADEMY, AND/OR USE THE SERVICE. THESE TERMS CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED (SEE SECTION 10 "DISPUTE RESOLUTION"). IT ALSO CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL REQUIRE YOU AND US TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE (SEE SECTION 9 "MISCELLANEOUS") WITHIN seven DAYS AFTER THE DATE THESE TERMS are accepted. UNLESS YOU OPT OUT IN WRITING WITHIN SEVEN DAYS AFTER THE DATE YOU ACCEPT THESE TERMS: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
BY the earlier of PLACING AN ORDER FOR SERVICES FROM OUR WEBSITE or via telephone or upon accepting services for a seven day continuous period (COLLECTIVELY, THE “SERVICES”), YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN SERVICES FROM OUR WEBSITES AND APPLICATIONS IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING OUR WEBSITES, APPLICATION OR ANY OF ITS RESPECTIVE CONTENTS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of services through our websites and applications, including, without limitation, matthewpollard.com, matthewpollard.mykajabi.com, and rapidgrowth.samcart.com (collectively, the "Site"). These Terms are subject to change by Rapid Growth Coach LLC (referred to as the “Company”, "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Site Terms that apply generally to the use of our Site, which should be read carefully before placing an order for services through this Site.
1. ORDER ACCEPTANCE AND CANCELLATION.
You agree that your order is an offer to buy, under these Terms, all Services listed in your order. All orders must be accepted by us or we will not be obligated to sell the Services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the Services you have ordered. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order confirmation e-mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by e-mailing [email protected].
2. PRICES AND PAYMENT TERMS.
All prices posted on this Site are subject to change without notice. The price charged for Services will be no greater than the price in effect at the time the order is placed. In some cases, discounted prices may be offered and are subject to change at any time. The price for the Services will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. All such taxes and charges will be added to your Services total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, Discover, American Express and PayPal for all purchases. You represent and warrant that (i) the credit card or PayPal information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card or PayPal account for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
3. LICENSE TO USE SERVICES.
Subject to these Terms, the Company gives you a personal, worldwide, royalty-free, non-assignable, non-sub-licensable, and non-exclusive license to use the Service. We reserve all rights not expressly granted in these Terms in the Service. We can terminate this license at any time for any reason or for no reason.
We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Service. We do not warrant that the Mobile Software will be compatible with your mobile device. We give you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one account on one mobile device owned or leased solely by you, for your personal use. You may not (i) modify, disassemble, decompile, or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You agree that we may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You agree to the automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to any upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license end user license agreement, if any, authorizing use of such code. This license is not a sale of the Mobile Software or any copy thereof, and the Company or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). We reserve all rights not expressly granted under these Terms.
If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies: Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in these Terms and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), DFARS 252.227-7013(c) (2015), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Service.
4. Registration, User’s Account and Security.
In order to access the Services, you will have to go through a registration process. You must provide us accurate information when you create your Rapid Growth Academy account. You are solely responsible for the activity that occurs through your account, so we urge you to keep your account password secure and to always log-off when leaving your computer unattended. We may maintain different types of accounts for different types of users or organizations. If you connect to the Site with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. You may never use another user’s account without permission. Although the Company will not be liable for losses caused by any unauthorized use of your account, you may be liable for the losses of the Company, or others due to such unauthorized use – so we strongly recommend that you contact us immediately if there is an unauthorized use of your account or any related security breach.
5. User’s Content.
Some areas of the Service allow you to post or upload information, text, graphics, or other material (“Content” or, when posted by you, “your Content”), and to share your Content with others. You retain ownership of your Content, but there are many things that others may do with your Content, for example, copy it, modify it, re-share it, or broadcast it. The Company has no responsibility for that activity. You understand that publishing your Content on the Services, Site and/or any other public forum relating to the Services (including, without limitation, a private facebook group) is not a substitute for registering it with the U.S. Copyright Office, the Writers Guild of America, the E.U. Copyright Office or any other rights or intellectual property rights organization. Please consider carefully what you choose to share.
You agree not to post Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any Content that you post does not and will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy.
We reserve the right, but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions. In the case you repeatedly post or upload Content that we believe, in our sole discretion, violates these provisions, you agree that we have the right to block and/or restrict your ability to post or upload Content as well as to block and/or restrict your ability to access the Rapid Growth Academy account you created. In the event, your access to your Rapid Growth Academy account is blocked or restricted for a violation of these provisions, you agree and understand that you will receive no refund for the Services.
You retain full ownership to your Content, but you agree to grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives, display, and distribute such Content in connection with providing the Service to you, other users and prospective customers. In connection with providing the Service, we may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services, or media.
We reserve the right at all times, but are not obligated, to remove or refuse to distribute any Content on the Service including your Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce the Terms, including investigation of potential violations; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; or (v) protect the rights, property, or safety of the Company, its users, and the public.
6. EARNINGS DISCLAIMER.
You understand and agree that due to the nature of services we deliver, there are important risk factors you should take into account when deciding whether to purchase, sign-in, access, purchase or be part of our programs.
NO EARNINGS PROJECTIONS, PROMISE OR REPRESENTATIONS: YOU RECOGNIZE AND AGREE THAT THE SITE DOES NOT HAVE ANY IMPLICATIONS, PROMISES, SUGGESTIONS, PROJECTIONS, REPRESENTATIONS, OR WARRANTIES OF ANY NATURE WHATSOEVER TO YOU ABOUT FUTURE EARNINGS OR PROSPECTS, OR THAT YOU’LL EARN ANY MONEY IN CASE YOU SIGN-IN, ACCESS, USE, OR PURCHASE OUR SITE CONTENT OR SERVICES, AND YOU UNDERSTAND THAT WE ARE NOT AUTHORIZED IN ANY WAY TO MAKE SUCH PROJECTION, PROMISE, OR REPRESENTATION BY OTHERS.
Any earnings or income statements, or any earnings or income examples, are only estimates of what we think you could earn. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not).
There is no assurance that any prior successes or past results as to earnings or income (whether monetary or advertising credits, whether convertible to cash or not) will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as "average earnings".
YOUR SUCCESS DEPENDS ON A VARIETY OF FACTORS WE DO NOT CONTROL; USING THE INFORMATION OR STRATEGIES PROVIDED IN THE SITE, DEPENDS ON BUT IS NOT LIMITED TO THE ECONOMY WHERE YOU DEPLOY YOUR BUSINESS WHETHER NATIONAL, LOCAL OR INTERNATIONAL; AN ECONOMIC RECCESSION OR DEPRESSION, YOUR DEDICATION, MOTIVATION OR BUSINESS SKILLS AND PRACTICES AS WELL AS YOUR BACKGROUND AND WORK ETHICS , MAY ADVERSELY AFFECT YOUR BUSINESS, THUS WE DO NOT GUARANTEE OR IMPLY THAT YOU WILL HAVE ANY EARNINGS.
MATERIALS CONTAINED ON THE SITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THE SITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY MATERIALS ON THE SITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE. IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
7. LIABILITIES AND INDEMNITIES.
You shall release, indemnify and hold harmless the Company, and its directors, officers, employees, representatives and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever, known and unknown (including reasonable attorneys’ fees) (“Damages”) asserted against, imposed upon or incurred by the Company and/or any of its Related Parties resulting from or arising out of any violation of these Terms and conditions by you, including, without limitation, any infringement of any third party’s rights by your use of the Service or through Content you provide. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR RAPID GROWTH COACH LLC, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RAPID GROWTH COACH LLC WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT CONTAINED ON THE SITE, WHETHER THE CONTENT IS PROVIDED OR OTHERWISE SUPPLIED BY THE COMPANY OR ANY THIRD PARTY.
8. Intellectual Property Rights and Ownership. You acknowledge and agree that:
The underlying platform of the Services is either the proprietary property of the Company or the proprietary property of our licensors or licensees. “Rapid Growth Academy”, and other trademarks, slogans, service marks, trade names, and trademarks which appear via the Service and on the websites are proprietary to the Company. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by the Company. Furthermore, all content of the Site is protected by U.S. and foreign copyright laws. You may not copy, modify, upload, download, post, transmit, republish or distribute any of the content, including without limitation the code, contained in the Site without our prior written consent except for your own personal, non-commercial purposes. Except as provided herein, nothing contained in the SIte shall be construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of the Company or any third party. All rights not granted under these Terms are reserved by the Company.
You shall not (i) misappropriate any part of the Services or modify, disassemble, decompile, reverse engineer, copy, reproduce or create derivative works from or in respect of the Services; (ii) damage or tamper with any part of the Services; (iii) breach any of our security measures; or (iv) access the Services in order to (A) build a competitive product or service, or (B) copy any ideas, features, functions or graphics of the Services. Any improvements, enhancements or modifications to the Services created, suggested or requested by you shall be automatically assigned to, and owned by the Company.
You acknowledge and agree that nothing in these Terms shall have the effect of transferring the ownership of any copyrights, trademarks, slogans, service marks, trade names, trade dress or other proprietary rights contained within the Services or the content of the website or any part thereof to you or any third party nor to authorize you to create derivative works based on any content you do not own.
(a) Unless otherwise agreed in writing, these Terms, as well as the general Site Terms, constitute the entire agreement between the parties concerning the subject matter hereof; (b) If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms; (c) Provisions herein related to suspension, termination, cancellation, debts, general use of the Service, fees, disputes, your liability, indemnity and general provisions shall survive any termination of this Agreement; (d) Any translation or summary of the Service, this Agreement and/or policies is provided solely as a convenience and is not intended to modify the Service, these Terms, and/or any policies. You agree that the English version of the Service, Agreement and policies shall govern in the event of any conflict between the English versions of the Service, this Agreement and/or policies and any translated versions of the same; (c) You affirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of thirteen (13), as the Service is not intended for children under thirteen (13). If you are under thirteen (13) years of age, then please do not use the Service; (d) These Terms shall be governed by the laws of the State of Texas United States of America, without giving effect to any principles of conflicts of laws thereof. Nothing in this agreement limits a party’s ability to seek equitable relief. (e) Any claim (except for a claim for intellectual property infringement, abuse of the Service by members or the validity or enforceability of this arbitration provision, including the class action waiver) shall be resolved by binding arbitration if either side requests it. THIS MEANS IF EITHER YOU OR WE CHOOSE ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. ALSO DISCOVERY AND APPEAL RIGHTS ARE LIMITED IN ARBITRATION. (f) You may reject the Arbitration agreement set forth in Section 10 but only if we receive from you a written notice of rejection within 7 days of your creation of your account, you must send your notice of rejection to the address stated in Section 12. Your rejection notice must include your name, address, phone number, registration email, user ID and personal signature. No one else may sign the rejection notice for you. Your rejection notice also must not be sent with any other correspondence. Rejection of arbitration will not affect your other rights or responsibilities under this Agreement. If you reject arbitration, neither you nor we will be subject to the arbitration provisions, thus the applicable courts of Austin, Texas shall have exclusive jurisdiction of any dispute that may arise. (g) CLASS ACTION WAIVER: ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Only a court, and not an arbitrator, shall determine the validity and effect of the class action waiver. Even if all parties have opted to litigate a claim in court, you or we may elect arbitration with respect to any claim made by a new party or any new claims later asserted in that lawsuit. (h) No Party shall be released for performing its obligations hereunder by reason of an Arbitration proceeding being instituted. (i) The arbitration provisions shall survive the closing of your Account; voluntary payment of your Account or any part of it; any legal proceedings to collect money you owe us; any bankruptcy by you; and any sale by us of your account.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10. DISPUTE RESOLUTION.
10.1 IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA.
(A) YOU AGREE AND WARRANT: (i) You are not in, under the control of, or a national or resident of, and will not supply any Value, product or service to a resident of Cuba, Iran, North Korea, Sudan, Syria or any other jurisdiction subject to US embargo; (ii) You are not on, acting for anyone on, and will not supply any Value or any products or services to Cuba, Iran, North Korea, Sudan, Syria or any other country subject to US embargo or to anyone on: the Specially Designated Nationals List, the U.S. Commerce Department's Denied Persons List, Unverified List, or Entity List;
(B) YOUR RIGHT TO GO TO SMALL CLAIMS COURT: We will not choose to arbitrate any claim you bring in small claims court. However, if such a claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.
(C) ARBITRATION RULES: THIS ARBITRATION CLAUSE IS GOVERNED BY THE U.S. FEDERAL ARBITRATION ACT (FAA). ARBITRATION MUST PROCEED ONLY WITH THE AMERICAN ARBITRATION ASSOCIATION (AAA). THE RULES FOR THE ARBITRATION WILL BE THOSE IN THIS ARBITRATION CLAUSE AND THE PROCEDURES OF AAA, BUT THE RULES IN THIS ARBITRATION CLAUSE WILL BE FOLLOWED IF THERE IS DISAGREEMENT BETWEEN THEM AND AAA’S PROCEDURES. IF AAA'S PROCEDURES CHANGE AFTER THE CLAIM IS FILED, THE PROCEDURES IN EFFECT WHEN THE CLAIM WAS FILED WILL APPLY. FOR A COPY OF AAA’S PROCEDURES, TO FILE A CLAIM OR FOR OTHER INFORMATION, PLEASE CONTACT US; If AAA is completely unavailable, and if you and we cannot agree on a substitute, then either you or we may request that a court appoint a substitute.
(D) FEES AND COSTS: If you wish to begin an arbitration against us but you cannot afford to pay the costs, we will advance those costs up to US$2,000 if you ask us in writing or with your arbitration demand. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this clause. If you lose the arbitration, the arbitrator will decide whether you must reimburse us for money we advanced for you for the arbitration. If you win the arbitration, we will not ask for reimbursement of money we advanced. Additionally, if you win the arbitration, the arbitrator may decide that you are entitled to be reimbursed your reasonable attorneys' fees and costs (if actually paid by you).
(E) ARBITRATION PROCEEDINGS: Arbitration hearings will take place in a federal judicial district where you live or where we reside. A single arbitrator will be appointed. The arbitrator must: (i) Follow all applicable substantive law, except when contradicted by the FAA; (ii) Follow applicable statutes of limitations; (iii) Honor valid claims of privilege; (iv) Issue a written decision including the reasons for the award. The arbitrator's decision will be final and binding except for any review allowed by the FAA. However, if more than US$100,000 was genuinely in dispute, then either you or we may choose to appeal to a new panel of three arbitrators. The appellate panel is completely free to accept or reject the entire original award or any part of it. The appeal must be filed with the arbitration organization not later than thirty (30) days after the original award issues. The appealing party pays all appellate costs unless the appellate panel determines otherwise as part of its award. Any arbitration award may be enforced in any court with jurisdiction to do so.
10.2 IF YOU ARE A RESIDENT EUROPEAN ECONOMIC AREA (EEA), THE EUROPEAN UNION (EU), THE UNITED KINGDOM, OR SWITZERLAND
(A) YOU AGREE AND WARRANT: (i) You are not in, under the control of, or a national or resident of, and will not supply any Value, product or service to a resident of any jurisdiction subject under the UN SANCTIONS; (ii) You are not on, acting for anyone on, and will not supply any Value or any products or services to any country under the UN Consolidated United Nations Security Council Sanctions List; (iii) any complaints might be escalated by contacting European Consumer Centre (ECC-Net). You may obtain further information regarding the ECC-Net and how to contact them at (http://ec.europa.eu/consumers/redress_cons/).
(B) In the event of any dispute arising out of or in connection with these Terms (including any dispute as to its validity, meaning, effect or termination), the parties shall attempt to resolve by negotiating in good faith the controversy; any party may give the other party written notice of any dispute not resolved in the normal course of business, within five (5) consecutive days after the delivery of the said notice, the receiving party shall submit to the other written response including a statement of that party’s position, a summary of argument supporting that claim and the name and title of the party representative. Within ten (10) consecutive days after the reception of the initial notice the parties shall meet at a mutually acceptable time and place, to attempt to resolve the dispute. If the parties are unable to settle the dispute amicably within forty-five (45) consecutive days shall refer to a procedure of Mediation conducted by a sole mediator selected, appointed and proceeding under the “Mediation Rules” of the Mediation Center for Europe, the Mediterranean and the Middle East which are in force at the time the arbitration is filled, having its seat in Strasbourg, France, or by its local branch –if any. All disputes arising out of or in connection with the present contract in the event the mediation is not successful shall be finally settled down by Arbitration in accordance to the “Rules of the European Court of Arbitration” by three (3) Arbitrators one appointed by each party and the third will be appointed by the Central Registrar competent for Northern and Central Europe.
(E) ARBITRATION PROCEEDINGS: The Arbitration shall be conducted in English language at Paris, France. The arbitration award shall be final and binding upon the parties. we may agree to hold the arbitration where you reside or you and we may agree to have the held by telephone or solely through written submissions, which election shall be binding on you subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
(F) FEES AND COSTS: If the value of the relief sought is US$2,000 or less, upon your written request, we will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by us should be submitted by mail in accordance with ECA's Rules along with your Demand for Arbitration. If the value of the relief sought is more than US$2,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration lack merit, you agree to reimburse us for all fees associated with the arbitration actually paid by us on your behalf that you otherwise would be obligated to pay under the ECA's rules.
10.3 IF YOU ARE A RESIDENT OF OTHER PARTS OF THE WORLD OTHER THAN THE EUROPEAN ECONOMIC AREA (EEA), THE EUROPEAN UNION (EU), SWITZERLAND OR THE UNITED STATES (US):
(A) YOU AGREE AND WARRANT THAT: (i) You are not in, under the control of, or a national or resident of, and will not supply any Value, product or service to a resident of any jurisdiction subject under the UN SANCTIONS or HM Treasury's financial sanctions regime; (ii) You are not on, acting for anyone on, and will not supply any Value or any products or services to any country under the UN Consolidated United Nations Security Council Sanctions List or HM Treasury's financial sanctions regime.
(B) The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to, any claim that all or any part of the requirement to arbitrate is void or voidable. Arbitration must proceed only with and under this arbitration clause and the applicable International Chamber of Commerce’s (ICC) Rules, but the rules in this arbitration clause will be followed if there is disagreement between them and ICC’s procedures. If ICC's rules or procedures change after the claim is filed, the procedures in effect when the claim was filed will apply. If ICC is completely unavailable, and if you and we cannot agree on a substitute, then either you or we may request that a court appoint a substitute arbitrator.
(C) PROCEEDINGS, HEARINGS, DECISIONS AND ENFORCEMENT. The arbitration shall be held in New York, United States of America, or Paris, France, whichever is more convenient for the parties. If these locations are not convenient for you, we may agree to hold the arbitration where you reside or you and we may agree to have the held by telephone or solely through written submissions, which election shall be binding on you subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise. A single arbitrator will be appointed. The arbitrator must: (i) Follow all applicable substantive law, except when contradicted by the ICC rules; (ii) Follow applicable statutes of limitations; (iii) Honor valid claims of privilege; (iv) Issue a written decision including the reasons for the award.
The arbitrator's decision will be final and binding upon the parties, except for any review allowed by the ICC rules. However, if more than US$100,000 was genuinely in dispute, then either you or we may choose to appeal to a new panel of three arbitrators. The appellate panel is completely free to accept or reject the entire original award or any part of it. The appeal must be filed with the arbitration organization not later than thirty (30) days after the original award issues. The appealing party pays all appellate costs unless the appellate panel determines otherwise as part of its award. Any arbitration award may be enforced in any court with jurisdiction to do so.
11. CANCELLATION AND REFUND POLICY.
When you purchase the Services, you are purchasing a copy of all course materials including all worksheets, documents, case studies, e-mail templates and other information (the “Course Materials”). Included with your purchase is online access to the Services for purposes of streaming videos, Q&A sessions and connecting with other professionals. If you are not satisfied with your purchase and you request a refund within 7 calendar days after the first date of Service, a full refund will be given. After the initial 7-day period no refund will be given. A purchase can only be cancelled by sending an email to [email protected]. You understand and agree that the Company shall have earned the full purchase price of the online course and the Course Materials after 7 days following your purchase. If you request a refund or otherwise seek to cancel your purchase or return the Course Materials after the initial 7-day period, we will continue to provide access to the Services and Course Materials and will continue to charge your credit card for all outstanding installments until the purchase price has been paid in full, even if you choose to no longer use your account or access the Course Materials.
If you have any questions about these Terms, please contact us at:
Rapid Growth Coach, LLC
PO Box 160504
Texas, Austin 78716