“Private Wealth Academy” refers to proprietary software and educational training. In this agreement, references to “Private Wealth Academy” as a Party mean and refer to the c-corporation, and its owner(s), parent company(ies), affiliate entities, independent contractors, employees and assigns. “Parties” mean Private Wealth Academy and User, each being an individual “Party.” “Terms” mean and refer to the terms and conditions set forth within this website. “User” refers to a person who has used the website or it’s materials and executed this agreement. “User Account” refers to an individual’s account registered with this website. “Service” means the highly specialized products and services including but not limited to a variety of information, learning materials, procedures, preparation, and branded forms and documents through Provider’s network of properties which may be obtained or accessed through any various medium, device, or method now known or hereafter developed.
2. TERMS AND TERMINATION
Provider only accepts payments in lawful money, including gold coins, silver coins, and postal money orders. By transferring payment to Provider, creating a User account, or use of any materials, User becomes a User. There are various products and services available to User and monthly prices applicable to certain products and services. Provider’s products, services, and prices are subject to change without notice. Price changes are effective immediately after the price change is posted. By providing User’s credit card information User authorizes Provider to charge User’s credit card in the amount indicated for the value of the services. User selects, including any future price changes and continuities. By User’s continued use of Provider’s services, and unless User terminates this agreement as provided herein, User agrees that Provider may charge User’s credit card monthly for the products and services User has selected, and User consents to any price changes for such services. User’s contract with Provider begins when User clicks “I Agree”, submitting payment information, and will continue month-to-month until either:
3. NO LICENSE TO USE BRANDING
Any content on any Provider website may constitute the intellectual property of Provider. Except where expressly authorized, no material on any Provider website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The Provider trademark and logo are proprietary marks of Provider, and the use of those marks is strictly prohibited. Nothing herein gives User the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Provider or any of Provider’s affiliates.
User agrees to protect, defend, indemnify and hold harmless Provider, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of User’s conduct. User indemnity obligation includes, but is not limited to, any third-party claim against Provider for liability for payments for, damages caused by, or other liability relating to User. User agrees to be fully responsible for the success or failure of any of the information, materials, products, and services provided. User assumes all liability for any and all acts done based upon said information, materials, products, and services. User further agrees to indemnify and hold Provider’s officers, agents, or other relatives harmless from any and all claims, legal actions, orders, warrants, judgments, demands, liabilities, losses, depositions, summonses, lawsuits, reasonable attorneys’ fees, costs, fines, liens, levies, penalties, damages, interests, and expenses whatsoever, both absolute and contingent, as are due and as might become due, now existing and as might hereafter arise, and as might be suffered or incurred by, as well as imposed on, User for any reason, purpose, and cause whatsoever due to, arising out of, or in connection with User’s use of the Service, User’s connection to the Service, User’s violation of the TOS, or User’s violation of any laws or rights of another. User’s further expressly covenants and agrees that Provider shall not under any circumstance, nor in any manner whatsoever, be considered an accomplice, accessory, or a party (including but not limited to either directly, indirectly, or collaterally) to any and all acts done by User. User agrees they are not a US Citizen or taxpayer and will not use this information for purposes contrary to what is legal.
5. NO WARRANTY; NO LEADS
Provider does not promise, guarantee, or warrant User’s success, income, or sales. User understands and acknowledges that Provider will not at any time provide sales leads or referrals to User. Additionally, Provider’s websites and services are provided “as is” without warranty of any kind, either express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Provider makes no representation or warranty as to the accuracy, reliability, timeliness, or completeness of any material on or accessible through any Provider website or service. Any reliance on or use of such materials shall be at User’s sole risk. Provider makes no representation or warranty:
6. ALL RIGHTS AND TRADEMARKS
All logos and trademarks belong to their respective owners.
7. FORCE MAJEURE POLICY
Provider will not be responsible to User for any delay, damage, or failure caused by or occasioned by a force majeure event. As used in this agreement, “force majeure event” shall mean any act of God, an act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Provider. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this agreement. Provider shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
8. ASSIGNMENT OF RIGHTS
Provider may assign its rights under this agreement at any time, without notice to User. User rights arising under this agreement cannot be assigned without Provider or its assigns’ express written consent.
9. INFORMATION; REGISTRATION; USERNAMES AND PASSWORDS
User will be required to create an account with Provider. User warrants that the information given to Provider is truthful and accurate, and that User is not impersonating another person. User is responsible for maintaining the confidentiality of any password User may use to access User’s account, and agree not to transfer the User’s password or username, or lend or otherwise transfer use of or access to User’s account, to any third party. User agrees not to share any information inside the Member’s Area online or with any third party. User is fully responsible for all transactions with, and information conveyed to Provider under User’s account. User agrees to immediately notify Provider of any unauthorized use of User’s password or username or any other breach of security related to User’s account. User agrees that Provider is not liable and will hold Provider harmless for any loss or damage arising from a security breach, including from User’s failure to comply with any of the foregoing obligations.
10. RELEASE/AUTHORIZATION TO USE PHOTOGRAPHS
User grants Provider permission to use any and all photographs taken by Provider or its agents or employees, or submitted by User to Provider (hereafter “Photographs”) in any media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Provider or any product or service sold and marketed by Provider. User agrees that this authorization to use Photographs may be assigned by Provider to any other party. User agrees that the Photographs may be combined with other Photographs, sounds, text, and graphics and that the Photographs may be manipulated, cropped, altered, or modified at Provider’s sole discretion. User agrees not to charge a royalty or fee, and not to make any other monetary assessment against Provider in exchange for this Release and Assignment. User hereby releases and forever discharges Provider from any and all liability and from any damages User may suffer as a result of the use of the Photographs. User further acknowledges and agrees that this Release is binding upon User’s heirs and assigns. User agrees that this Release is irrevocable.
11. PROHIBITED ACTIVITY
Provider has the right to terminate this agreement at any time if User engages or has ever engaged in any of the following:
If User has any questions or complaints concerning any of the terms, User may contact Provider by utilizing Provider’s contact form.
13. DIGITAL MILLENNIUM COPYRIGHT ACT
If User believes that materials or content available on any Provider website infringes any copyright User owns, User or User’s agent may send Provider a notice requesting that Provider remove the materials or content from the Provider website(s). If User believes that someone has wrongly filed a notice of copyright infringement against User, User may send Provider a counter-notice.
14. ARBITRATION, GOVERNING LAW, AND ATTORNEYS’ FEES
15. CHANGES TO TERMS
Provider reserves the right to change these terms, in whole or in part, from time to time at Provider’s sole and absolute discretion, and to provide User with notice of such change by any reasonable means, including without limitation posting revised terms to Provider’s website(s). Through User’s continued use of Provider’s services, and unless User terminates this agreement as provided herein, User manifests agreement to any subsequent changes to the terms.
16. ANTI-MOLE CLAUSE
I certify that the basis for my beliefs about legal and tax liability does not include any of the flawed arguments contained in the following:
I understand that neither the organization nor any of its officers, agents, workers, volunteers, members, affiliates, etc. are authorized to: Guarantee or infer any specific result by virtue of using the educational materials and/or services available to its members. Share subjective opinions about the success of using materials or services. Provider has no control over how public servants will respond to a petition for redress of grievances directed at remedying their illegal and injurious behavior. Any guarantees of particular results by either the organization or any agent, officer, or employee of, should be regarded as fiction, untrustworthy, and should not be relied upon as a basis for belief. The ONLY reasonable basis for belief about liability in the context of federal taxation that does not involve some form of “presumption”, and therefore a violation of due process, are:
No waiver by Provider of any breach or default of these terms will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
19. PAYMENTS ACCEPTED
Provider accepts all lawful money, including Discover, Visa, MasterCard, AMEX, silver coin, gold coin, and postal money orders. Provider do not accept cash, checks, cashier’s checks, or standard money orders.
20. NO RESALE ALLOWED
User agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion, aspect, or element of the Product whatsoever, use of the Service, or access to the Service.
21. MODIFICATIONS TO SERVICE AND RIGHT OF REFUSAL
Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice. Provider also reserves the right to rescind, cancel, or terminate any contract or agreement with or without prior notice. Provider also reserves the right to refuse to do business, provide the Service, or otherwise contract with User with or without showing cause or justification. User agrees that Provider shall not be liable to User or to any third party for any modification, suspension, discontinuance, or refusal of the Service.
22. PROVIDER’S PRIVATE RIGHTS
User acknowledges and agrees that Product and any necessary software used in connection with the Product contains exclusive, private, proprietary, and copyrighted information that is protected by applicable intellectual property and other laws. User further acknowledges and agrees that content contained in the Product or software or information presented to User through Product or software is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Provider or licensees, User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Product or Software, in whole or in part. Provider grants User a personal, non-transferable and non-exclusive right and license to use Product and object code of Software on a single computer; provided that User does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, analyze the principal components or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Product or Software. User agrees not to modify the Product or Software in any manner or form, or to use modified versions of the Product or Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. User agrees not to access the Product by any means other than through the interface that is provided by Provider for use in obtaining or accessing the Service.
23. LIMITATION OF LIABILITY
User expressly understands and agrees that Provider shall not be liable to User for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Provider has been advised of the possibility of such damages), resulting from:
24. DISCLAIMER OF WARRANTIES
User expressly understands and agrees that:
25. NO THIRD-PARTY BENEFICIARIES
User agrees that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this Agreement.
26. NOTICE OF UPDATE
Any notice required to be given to Provider under or related to these terms must be in writing, addressed as follows: [email protected] Notices to User may be made by posting (a link or a notice) via email, blog, social media post, or by regular mail, at Provider’s discretion.
27. GENERAL INFORMATION
The TOS constitutes the entire agreement between User and Provider and governs User’s use of the Service, superseding any prior agreements between User and Provider with respect to the Service. User also may be subject to additional terms and conditions that may apply when User uses or purchases certain other of Provider’s products, services, third-party content, or third-party software, including:
If any term set forth herein is deemed unenforceable under any applicable law, the remaining terms shall remain in full force and effect and these terms shall be read, collectively, as if the unenforceable term(s) were omitted.
29. FRIVILOUS DISPUTES
Before a dispute is entered by User to bank or card provider, User agrees to contact Provider at least (1) time to request a refund. A request of “perform xyz task OR give a refund” does not count as request because an ultimatum is given; Provider will always work with User to come to an amicable solution and solve Users issues or concerns. If for any reason a chargeback or dispute is entered by User and dispute results are found to be in favor of Provider, User accepts that a charge of up to $250, but no less than $100, may be incurred to compensate for the fraudulent chargeback and/or dispute; allowing Provider to recover lost fees [which are subtracted even when dispute is settled in Provider’s favor] and for the loss of time support uses in reviewing a frivolous dispute.
At all times and after this agreement’s expiration or termination, User agrees to refrain from disclosing any information relating to Provider’s customer lists, trade secrets, or other confidential material. User agrees not to compete with Provider for a period of twenty-five (25) years. Competition means owning or creating a business of the following type: Trust Training, Asset Management, Lawful Money, Debt Removal. User agrees to pay liquidated damages in the amount of $250,000 to Provider for each violation of the covenant not to compete.
31. DMCA REQUEST
All requests to remove or take down any material may be submitted using Provider’s contact form and can expect to have the materials removed, once verified as the copyright owner, within 30 business days.