Effective date: December 09, 2019
You are purchasing access for one person to the Certified Agile Leader (CAL 1) (referred to below as the "Service") authored and market by MTN LABS LLC (the "Company", "Dealer", "we", or "us"). You must be at least 13 years of age or older to purchase access to the Service from the Dealer. Children under the age of majority should review this Agreement with their parent or legal guardian.
The Service includes live course access, course content and materials, other information and materials authored by the Company (collectively, “Content”) and access to a website for members of the Service (the "Campus"). By purchasing access to the Service, you, the Dealer and the Company hereby agree to these Terms and Conditions of Purchase and the Company’s Terms of Use and Privacy Policy (collectively, this “Agreement”) following legal terms and conditions that govern your use of the Service and that form a legal agreement between you, the Dealer and the Company. In the event of any conflict between these Terms and Conditions of Purchase and the Terms of Use or Privacy Policy, these Terms and Conditions of Purchase shall control.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
You are responsible to pay for the Service in full (including all applicable sales and other taxes or fees) and for providing the Dealer with a valid credit card or other payment method.
You agree that the Service contains proprietary Content that is owned by the Company and/or its licensors and is protected by copyright, trademark and other applicable intellectual property laws. Duplicating, sharing or uploading files from the Service to sharing sites is considered stealing, and the Company will prosecute such misconduct to the fullest extent permitted by law.
The Company provides you with the Service solely for your personal, noncommercial use, and you agree that you will not use such proprietary Content in any way whatsoever except for use in compliance with this Agreement. You will not use the Service or the Content available in the Service in a manner that constitutes an infringement of the Company’s rights or that has not been authorized in writing by the Company. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Service. You may, however, from time to time, download and/or print one copy of individual pages of the Campus for your personal, noncommercial use, provided that you keep intact all copyright, trademark, and other proprietary notices.
To be clear: please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference the Company, Martin Alaimo, the Service, or the Content, or infringe on any of the Company’s intellectual property in any way. Any material that you create should be focused on your business, not ours. All copyrights in and to the Service (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) are owned by the Company and/or its licensors, which reserve all their respective rights in law or in equity. THE USE OF THE SERVICE, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
Company trademarks, service marks, graphics, and logos used in connection with the Service are common law trademarks or registered trademarks of the Company. You are granted no right or license with respect to any of the aforesaid trademarks.
The Service includes access for one (1) person. Upon registration, you will be required to provide an email address and create a password, and member profile for use during the live course and in the private member section of the Campus as well as the exclusive directory listing.
If you would like to take the Service along with a business partner or collaborator, each of you will need to purchase it. Additionally, if you are interested in having someone from your company or your entire company to take the Service, a separate membership will need to be purchased for each participating member.
The Service is subject to the Company’s Privacy Policy. The Company does not knowingly collect personal information from children under the age of 13 and does not wish to do so. The Company reserves the right to request proof of age so that it can verify that minors under the age of 13 are not using the Service.
We respect your privacy and must insist that you respect the privacy of other people that participate in the Service (the “Participants”).
By purchasing access to the Service, you agree:
While you are free to discuss your personal results from the Service, you must keep the experience and statements, oral or written, of all other participants in the strictest of confidence.
No Solicitation Within the Member Area and Group:
The Service community is about learning, not about trying to turn other Participants into your customers. You are not permitted to offer your services, sell your programs or products, or invite Participants to join other social networks, groups, or programs. This is a space for learning and is a pitch-free, solicitation-free and sales-free environment. Sharing affiliate links within the Member Area or Group is not permitted.
Your failure to comply with these terms will result in immediate termination of your participation in the Service without refund.
If the Service is online and requires attendace validation you're expected to keep your camera on all the time. Having a camera off may result in a certification denial. Please, make any arrangement needed (hardware, network speed, etc.) to avoid any camera issue.
The Company may provide links to third-party materials and websites and establish a Facebook group as a convenience to you and other Participants. These third-party materials and websites are not part of the Service and they may be either withdrawn or terminated at any time without any liability on the part of the Company. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that the Company is not responsible for examining and evaluating the content and accuracy of any third-party materials and websites, and the Company does not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that the Company will not be liable for your improper use of third-party materials and websites.
Our commitment is to change business, professional career and people's lives. We invest an extraordinary amount of time and effort in this Service, and we hope you do the same. You can cancel your participation in the Service under the following conditions:
Please do not enroll in the Service if you only want to "try it".
THE SERVICE, THE CAMPUS, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.
When addressing financial matters in any of our Content, we’ve taken all reasonable efforts to ensure that we accurately represent our Service and their potential to grow your business, professional career and/or improve your life. However, the Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing in the Service, Content, or Campus is a promise or guarantee to you of future earnings.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE SERVICE IS AT YOUR SOLE RISK. By purchasing access to the Service, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth, or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, Content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological, or financial advice.
1) GOVERNING LAW. You, the Dealer and the Company have entered into this Agreement in the State of Florida, United States and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among the parties, shall be determined in accordance with the laws of the State of Florida, United States , without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
2) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, DEALERS OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE SERVICE; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND A REFUND AS SET FORTH IN SECTION 6. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
AS SET FORTH IN OUR PRIVACY POLICY, THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR PURCHASE AND USE OF THE SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK.
3) NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the Company, its licensee and licensors, and their employees, contractors, agents, officers and directors and Martin Alaimo including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.
4) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. The Service is a non-transferable service.
5) TERMINATION. The Company is committed to providing all customers in the Service with a positive experience. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in the Service without refund; and/or (b) terminate this Agreement.
Your obligations to the Company under this Agreement will survive expiration or termination of this Agreement for any reason.
6) CHANGES. The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Campus or you may be notified by either e-mail or postal mail. If you have any questions, please contact our legal department directly at legal@alaimolabs.com
7) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your misuse of the Service. You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
8) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.
9) COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.
10) NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.