Terms & Conditions
TERMS AND CONDITIONS DISCLAIMER AND AGREEMENT
This On-Line Business Mentorship, Courses, Trainings and Resources Terms and Conditions Disclaimer and Agreement and (“Agreement”) is made by and between Higher Health Solutions, LLC, an Indiana business (“Consultant”) and the below-signed Client.
- AGREEMENT. By registering, purchasing, using and/or continuing to use Consultant’s Services, participating in Consultant’s Program and/or accessing Consultant’s Materials, Client agrees to be bound by the terms and conditions of this Agreement. Selecting the “I agree to these terms and conditions” button on any checkouts throughout the company site is equivalent to an electronic signature, binding the purchaser and user to the agreements outlined herein.
“Program” will include instruction, tutoring and coaching with the focus on building and establishing a business.
“Consultant’s Materials” include information and content, including written materials, provided to Client as part of the Program.
“Client” shall include any person, business or entity who registers for the Program including any employee and/or agent of such business or entity and who has timely paid all fees and costs. To be a Client, you must be 18 years or older and by entering into this Agreement you represent that you are at least 18 years old and agree to be bound by these terms and conditions. If executing this Agreement on behalf of a business or entity, you represent that you have the actual authority to enter into this Agreement and bind your business or entity to the terms and conditions contained herein.
“Commencement Date” means the date that the Service Fee is paid in full.
“Services” will include, without limitation, advising Client on business strategy, marketing, organization, operations, business coaching, establishing business relationships and connections, starting up new businesses, promoting existing businesses, expanding markets, developing business plans, setting up accounts, branding, website and social media presence, relationship building and connections, sales training, webinar modules, videos and any Consultant’s Materials and related business consulting services provided to Client.
“Subscription Period” shall include the 12-month period immediately following the Commencement Date unless otherwise agreed in the Business Consulting Agreement by and between Consultant and Client.
- COMMENCEMENT AND DURATION. This Agreement shall begin on the Commencement Date and shall continue for the duration of the Subscription Period Program enrolled into. unless otherwise terminated as set forth below. Client shall view all training modules and videos in the Program within the Subscription Period. Client’s access to the Program and Consultant’s on-line portal upon expiration or termination of the Subscription Period Program, whether or not Client has accessed and/or viewed any or all of the Webinar modules and videos in the Program. Specific durations of programs outlined in individual sections of this agreement.
- SERVICE FEES. To enroll in the Program, Client must pay the Service Fee in full.
5.1 Subject to the terms and conditions set forth in this Agreement, the Consultant grants Client an exclusive, non-transferable, limited license to access and view the Program from time to time as made available to Client for the duration of the Program. Subscription Period. The right to view the Program and access to Consultant’s Materials is limited to Company’s paying Client. Consultant’s Program and/or Materials shall not be provided to any third-party and shall not be reproduced, copied, downloaded, recorded or replayed without the express written authorization of Consultant. Accordingly, Client is prohibited from downloading, recording, storing, reproducing, transmitting, displaying, printing, copying, selling or distributing the Program or Consultant’s Materials.
5.2 All right, title, and interest (including all copyrights and other intellectual property rights) in the Program or Consultant’s Materials belong to the Consultant and Client and shall not acquire any ownership interest, copyright or other intellectual property rights or proprietary interest in the Program or Consultant’s Materials or copies thereof.
5.3 Client shall not record or reproduce for sale, download/post to the Internet or otherwise misappropriate the Program or Consultant’s Material in any fashion or do anything that infringes on Consultant’s proprietary ownership or copyright interest.
5.4 Client may not remove or obscure any Consultant badge, icon, label, trademark, watermark or other notice contained in the Program or Consultant’s Materials
- ACCESS TO SERVICES.
6.1 Only Client or any authorized employee or agent of Client shall be entitled to access the Program and/or Consultant’s Materials. Client may not share any information, templates, materials, or intellectual property with anyone other than the actual purchaser of the program.
6.2 Content and features of the Program and/or Consultant’s Materials may be amended, changed or withdrawn by Consultant at any time without notice. Consultant shall not be responsible or liable for any harm or damages to Client or Client’s business as a direct or indirect result of a decision to alter, remove, or change Consultant’s Program or Consultant’s Materials without notice.
6.3 Client shall ensure that each person having access to the Program and/or Consultant’s Materials is: (a) authorized to access the Program and/or Consultant’s Materials; and (b) is bound by and shall otherwise comply with the terms and conditions of this Agreement; and (c) has paid the Service Fee in full.
6.4 It is an express term of this Agreement that Client shall advise Consultant of the number of authorized users who will be accessing the Program and/or Consultant’s Materials. Consultant may charge additional Service Fees based on the number of additional participants. In the event Client fails to notify Consultant of the correct number of participants, Consultant shall be entitled to treat such failure as a material breach of this Agreement, terminate this Agreement immediately and pursue Client for additional Service Fees as well as any/all direct and consequential losses arising from Client's breach of this Agreement and the recovery of reasonable attorneys’ fees associated therewith.
6.5 All reasonable efforts will be made to ensure that the Program and/or Consultant’s Materials will be accessible to Client at all reasonable times. However, Consultant shall not be responsible for circumstances beyond Consultant’s control which may affect Client’s ability to view or access the Program and/or Consultant’s Materials and Client agrees that there will be no right to any refund or reimbursement in such circumstances.
6.6 Client consents to Consultant monitoring Client’s access to the Program and/or Program Material, including the tracking of computer usage and/or IP addresses to ensure against the unauthorized use, copying or dissemination of the Program and/or Consultant’s Materials.
- TERMINATION BY CONSULTANT. Consultant may terminate or suspend its performance of all or part of its obligations under this Agreement immediately and without liability for compensation or damages where Client: (a) fails to comply with the terms and conditions of this Agreement including all payment obligations; (b) makes or issues any communication which is defamatory or which portrays Consultant in a negative or false light or which is harmful/potentially harmful or prejudicial to Consultant in the market place; (c) misappropriates or uses without permission or authorization Consultant’s Materials, information or Website; or (c) engages in any act intended to harm or damage Consultant or its associates.
- REFUND POLICY AND UPGRADE OPTION
8.1 FOR ONLINE BUSINESS ACADEMY BUNDLE (OBA)
The company has a strict no refund policy across all its other offerings and services.
By using and/or purchasing our Online Business Academy Bundle (OBA) Program, you understand and agree that all sales are final and no refunds will be provided.
Since we have a clear and explicit Refund Policy in these terms that you have agreed to prior to completing the purchase of the Online Business Academy Bundle (OBA) Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
As part of your OBA purchase, you will receive access to a free community group on Facebook. This group is for OBA purchasers only and is used as community and support amongst you and others who have purchased OBA.
THIS GROUP IS NOT CONSIDERED TO BE MENTORSHIP OR COACHING FROM MAGGIE AND HER TEAM.
The group can be shut down at any time without recreation. It is optional to join, and you can be removed from the group at any time by its admins.
If the OBA purchaser wants to upgrade to working with the Company in their Mastermind or 1:1 consulting, the price that the program was purchased at will be credited toward the Mastermind or 1:1 Consulting if the upgrade is within 60 days after initial purchase of the OBA Bundle. There are no exceptions to this time-frame, and the OBA purchaser will be emailed and made aware of the 60 day time frame to upgrade while receiving credit for their OBA purchase. There will be no extensions for any reasonings. This offer does not apply to any other services or programs the Company offers. This offer does not apply to any other active promotions by Company and cannot be combined with other promotions.
OBA Bundle is a fully automated course and not LIVE mentorship and coaching by Maggie Berghoff and any persons of the Company.
The client has lifetime access to the OBA and corresponding materials included in purchase at time of purchase for as long as the program exists. If the program is discontinued or removed from the site in the future, the Client will no longer be able to have access to the materials. The Client will, however, be notified of this for a minimum of six months prior to the removal of the program.
By checking the box on the applicable checkout page, “I have read and agree to the terms and conditions of this page as follows” Client understands that they are entering into a binding contract.
8.26.2 FOR ELITE BUSINESS MASTERMIND (EBM)
The company has a strict no refund policy across all its other offerings and services.
By using and/or purchasing our Elite Business Mastermind (EBM) Program, you understand and agree that all sales are final and no refunds will be provided, for any and all reasonings. In addition, there will be no “pauses,” “roll overs,” or extensions of time in the Mastermind program, for any and all reasons.
Since we have a clear and explicit Refund Policy in these terms that you have agreed to prior to completing the purchase of the Elite Business Mastermind (EBM) Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
As part of your EBM purchase, you will receive access to a private Facebook group. This group is for EBM purchasers only and is used as community, support, collaboration, and coaching amongst you and others who have purchased EBM.
The Facebook group can be moved to another platform at any time. You must adhere to the group rules, which you agree to upon requesting to join. If group rules are violated, you can be removed from the group at any time by its admins and not permitted any sort of notice or refund.
After Client’s initial time in the Elite Business Mastermind, Client is automatically enrolled into the Continuation Program, which is the Elite Business Mastermind a reduced rate of $797 per month. Client can cancel any time only during the Continuation Program. There are no cancels at any time during the main Elite Business Mastermind 8 month period. This allows Client to continue mentorship, access to coaching sessions, access to our vast educational portal, access to the private group for as long as Client desires without needing to invest the initial EBM enrollment again. Client will be automatically charged new reduced rate unless they cancel in writing via email [email protected] prior to charge date. The Company will email the client reminder them of the upcoming automatic subscription and clearly letting the Client know how to cancel the subscription. Immediately once the subscription goes through, there will be no refund for any and all reasons. The Client may submit in writing the would like the following month to be canceled, or cancel on their own end in their Client portal.
If the EBM purchaser wants to upgrade to working with the Company in a private 1:1 consulting capacity, that is a full new contract and payment. The cost of the Mastermind does not get credited toward the 1:1 program, as the client would have already participated in the Mastermind program.
The Client does not have lifetime access to the Mastermind group, private community, or any of the educational portal materials. Upon discontinuation of the Mastermind program, all portal access and group access will be removed. This includes all courses, unless the Client had previously purchased the programs separately prior to the Elite Business Mastermind.
By checking the box on the applicable checkout page, “I have read and agree to the terms and conditions of this page as follows” Client understands that they are entering into a binding contract.
- LIMITATION OF LIABILITY AND DISCLAIMERS.
9.1 Consultant makes no express or implied warranty regarding the Program, Program contents or Consultant’s Materials. The Program and Services provided by Consultant are provided on an "AS IS" and "AS AVAILABLE" basis, and Consultant makes no express or implied warranties under this Agreement, including without limitation, that the Program, Program contents, Consultant’s Materials or Services are complete, accurate and/or free from errors. Accordingly, Consultant shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Program and/or Consultant’s Materials; (b) the unavailability or interruption of the Program and/or Consultant’s Materials or the supply of the Services, (c) Client's use or misuse of the Program and/or Consultant’s Materials, (d) Client's use of any computer, server, Internet service, Wi Fi system or other equipment in accessing or attempting to access the Program and/or Consultant’s Materials or Services, (e) the content of the Program and/or Consultant’s Materials, (f) any delay or failure in performance beyond the control of Consultant, or (g) any act, omission or negligence of any third party over which Consultant has no control.
9.2 Consultant’s Program and Consultant’s Materials are intended to provide educational instruction, tutoring and coaching with the focus on building and establishing an online consulting business. Consultant does not warrant or guarantee any type of specific results, outcomes, changes or gains through use of the Services, the Program and Consultant’s Materials and Consultant does not make any warranties or guarantees regarding the success of Client’s business, any coaching program, or any results stemming therefrom. Client agrees and acknowledges that Client’s use of any information contained in the Program is purely voluntary. Although Consultant will be providing consulting Services for and on behalf of Client, ultimate success of Client’s business depends on the dedication and effort of the Client. Accordingly, Consultant does not warrant or guarantee, either expressly or impliedly, the success or profitability of Client’s business either during or upon completion of the Services provided under this Agreement. Ultimately, business success and Client’s revenue will depend on a variety of factors outside of the control of Consultant. Please note that although many consultants and coaches advertise claims of projected income, large revenue is an unlikely result and is not typical in the first several months/year(s) of business. Many find that the first year of business is spent seeking to establish client relationships, developing content and establishing a loyal following. Consultant’s Services are intended to assist Client in being successful and Consultant is committed to mentoring the Client toward that goal. However, the ultimate success of Client’s business depends on many factors outside the control of Consultant. Accordingly, Consultant makes no guarantees as to the success or profitability of Client’s business.
9.3 Consultant shall not be liable for any loss, injury, claim, liability or damage of any kind resulting from or alleged to be caused by Consultant or the Services provided by Consultant under this Agreement. Should it be determined by a court or tribunal that Consultant is liable to Client as a result of any claim including, without limitation, any breach or alleged breach of any term or condition of this Agreement, for any breach or alleged breach of any express or implied warranty, misrepresentation, for any act, omission or claim of negligence, or violation or alleged violation of any federal, state or local law or statute, Consultant’s liability shall be fixed and/or limited to refunding the Service Fee paid by Client either in whole or in part and Client agrees than in no circumstance will Consultant be liable to Client for any special, indirect, incidental or consequential damages of any kind, lost profits, lost wages, cover damages, punitive damages, liquidated damages, costs or attorneys’ fees. Consultant’s liability to Client, including loss or damage caused by negligence, if any, shall be reduced to the extent Client caused or contributed to Client’s alleged loss or damage
9.4 Consultant’s liability to Client for loss or damage of any kind (including loss or damage caused by negligence), if any, shall be reduced to the extent that Client caused or contributed to that loss or damage.
9.5 Client agrees than in no circumstance should Consultant be liable to Client for any special, indirect, incidental or consequential damages of any kind, lost profits, lost wages, cover damages, punitive damages, liquidated damages, costs or recovery of attorneys’ fees due to, resulting from or arising in connection with the Program, Consultant’s Materials and/or Services or the failure of Consultant to perform any obligation under this Agreement.
9.6 The Consultant’s Materials and/or Services provided to Client are for reference purposes only and are not intended to constitute legal or accounting advice or consultation. Client further understands and acknowledges that Consultant and/or its employees and representatives are not paralegals, lawyers, accountants or tax advisors. The Services provided under this Agreement are not intended as a substitute for professional advice or judgment including legal or accounting consultation or advice and Client shall obtain independent verification or professional legal and/or accounting advice regarding issues or questions of a legal or accounting nature and nothing in the Program or the Consultant’s Materials is intended to take the place of a consultation with any such professional. Accordingly, Client’s participation in the Program does not create or imply a lawyer-client relationship of any kind.
9.7 Consultant makes reasonable efforts to keep the Program and/or Consultant’s Materials up to date. However, Client should obtain independent verification or advice before relying upon any information contained in the Program and/or Consultant’s Materials in circumstances where loss or damage may result.
9.8 By accessing Consultant’s website and reviewing Consultant’s Program and materials, Client understands and agrees that Consultant makes no guarantees or warranties regarding the condition of website, including functionality, existence of viruses or other components that may harm Client’s computers, uninterrupted use, constant access and availability, and the like. Consultant will make every effort to make Consultant’s website available for access to Client at all times. However, from time to time the website may be down for maintenance, repairs or updates, as a result of “crashing” or overuse, or other reasons, known or unknown to Client, and Client agrees and understands that this may occur without explanation. Should this occur, Client understands and agrees that Consultant shall not be responsible or liable for any damages, losses, interruption caused to Client or Client’s business and Client shall not receive or be entitled to any refund or reimbursement, either in full or pro rata, as a result thereof.
9.9 Any password or ID number issued by Consultant to Client is personal and confidential to that Client. If Consultant suspects that any password or ID is being used by an unauthorized user, Consultant reserves the right to cancel or disable the Password or ID number.
9.10 Client shall confirm and verify that Client’s business does not violate applicable federal, state or local laws, statutes and/or ordinances.
- TESTIMONIALS. Consultant solicits testimonials from Clients to provide comments, feedback and information from their experience with Consultant’s Program. By executing this Agreement, Client agrees to permit Consultant to use, publish, post, and/or communicate any testimonial and otherwise grants Consultant a royalty-free, perpetual, non-exclusive, unrestrictive, worldwide license to use, distribute, post, advertise, communicate, transmit, copy, edit, exploit or otherwise publicly disseminate any communication or testimonial submitted by Client, in whole or in part, with or without identifying Client as the author of the original post or comment. If Consultant so chooses to identify Client, Client also grants Consultant the right to identify Client as the author of any communication or testimonial, by name, initials, email address, screen name, or any other reasonable manner of identification. Any and all testimonials used for the purpose of engaging Client into purchasing the programs, resources, training, and coaching provided by Consultant do not in any way guarantee that the Client will experience similar results.
- USE OF CLIENT’S INFORMATION AND IMAGE. Consultant may use personal or business information of Client for the purposes of: a) providing the Services under this Agreement, b) processing Client invoicing, billings and payments, and c) communicating with Client. Consultant may also provide personal or business information about Client to third parties in furtherance of the Service provided by Consultant under this Agreement. Client irrevocably grants to Consultant the right to use the Client’s name, video, photograph, image, likeness, persona, voice or audio recordings and/or video recordings, in all forms of media whatsoever, whether in original, composite, modified, edited or adapted format or form, for any and/or all purposes, including without limitation, testimonials, advertising, trade, educational or promotional use, or any commercial purpose whatsoever in perpetuity (both during the undersigned’s lifetime and after death). Client waives, releases and forever discharges Consultant from any liability or claim that may arise regarding the use of the undersigned’s name or image as described above including, without limitation, any claim alleging, tortious conduct, negligence, breach of duty, breach of contract, defamation, libel, slander, negative light, misappropriation of name/image/likeness, humiliation, embarrassment, mental pain/distress, damage to reputation, injury to person/character, unauthorized use of images/likeness/photographs, invasion of privacy, exploitation, infringement of moral rights, violation of publicity rights, violation of property interest, unauthorized use of a personality’s right of publicity, any violation of any state or federal trademark or copyright law or statute, common law copyright infringement, federal or state right of publicity law, right to privacy law, or any other state, federal law, statute or common law claim regarding the use of Client’s name and/or image.
- REPRODUCTION AND COMPETITION RESTRICTION. The Program and Consultant’s Materials is for the use of the Client or other authorized user only and may not be replicated, copied or transmitted to any third party for sale or any other commercial use or purpose without our prior written consent of Consultant. Client shall not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained in the Program or the Consultant’s Materials for sale or other commercial purpose other than as permitted by this Agreement. In addition, Client is prohibited for a period of eighteen (18) months after the Commencement Date from providing for sale or profit, on-line business mentorship, courses, trainings and resources which are substantially similar to and/or competitive with those offered and/or provided by Consultant.
- OWNERSHIP OF MATERIALS. Consultant’s Materials are and shall remain the sole and exclusive property of Consultant and are disclosed to Client in reliance on Client’s agreement to maintain Consultant’s Materials as confidential and not to use or disclose Consultant’s Materials to any person except for use by Client under this Agreement. Client understands that this Agreement shall not convey to Client any ownership, property or other rights of any kind in Consultant’s Materials
- NON-DISPARAGEMENT. Client agrees that during the Term of this Agreement and at all times thereafter, Client shall not disparage the name, reputation or goodwill of Consultant or any of its officers, directors, owners, members, employees, products, Consultant’s Materials or Services.
15.1 Entire Agreement. This Agreement embodies the entire understanding of the parties in respect of the matters contained or referred to in it and there are no promises, terms, conditions or obligations oral or written, express or implied other than those contained in this Agreement. Subject to the foregoing, should there be any conflict between this Agreement and the Business Consulting Agreement entered into between Consultant and Client (if applicable), the terms of the and Conditions, the terms of the Business Consulting Agreement shall control.
15.2 Assignment. This Agreement may not be assigned by Client to anyone. Consultant may assign all rights and obligations under this Agreement without prior consent from Client.
15.3 Waiver. The failure of a party to require the performance of any obligation herein by the other shall not be deemed a waiver of future compliance herewith and shall not affect the right of a party to require compliance at any time thereafter. Any remedies contained herein shall be cumulative and not alternative.
15.4 Governing Law/Venue. All disputes between Consultant and Client hereto, including any and all disputes arising out of this Agreement, shall be governed in all respects, whether as to validity, construction, capacity, performance or otherwise, by the procedural and substantive laws (and not the conflict of law rules) of the State of Indiana, United States of America (“USA”). Any dispute arising under or out of this Agreement or between Consultant and Client hereto shall be heard by either the state (circuit or superior) court located in Hamilton County, Indiana or the United States District Court for the Southern District of Indiana, U.S.A., and the parties consent and otherwise agree to the personal jurisdiction of said courts. Consultant and Client hereby irrevocably waives all claims of lack of jurisdiction and forgoes any right to object on the basis that any dispute, action, suit or proceeding has been brought in an improper or inconvenient forum or venue. Should Client file a suit or claim in a venue or forum other than as provided herein, Client shall pay to Consultant all costs, including attorneys’ fees, travel costs and local counsel fees, associated with dismissing the improperly filed matter or otherwise related to transferring said action to the proper court and/or venue. Subject to the foregoing, Consultant reserves the right to domesticate or seek judicial enforcement of any order or judgment enforcing the restrictive covenants contained herein as it deems necessary to effectuate same. In the event this section violates any state or federal law, the parties agree to omit, exclude, remove or blue-pencil the violating language without affecting the enforceability of the remaining provisions of this Agreement.
15.5 Waiver of Jury Trial. Client irrevocably waives, to the fullest extent permitted by law, any right to a trial by jury in any legal proceeding arising between the parties including any dispute arising out of this Agreement
15.6 Amendments and Modifications. The terms and conditions as contained in this Agreement may be changed or updated at any time and Consultant reserves the right to make any change or update at any time in its sole discretion. It shall be the burden of Client to routinely check for updates to terms and conditions. By continuing to use Program and/or Consultant’s Materials, Client agrees to be bound by the terms and conditions, including any amendments thereto. If Client is not in agreement with Consultant’s terms and conditions or any amendments thereto, Client shall notify Consultant of same, in writing.
15.7 Cost of Collections. Should any account be subjected to collection efforts or litigation, Consultant shall be entitled to all amounts due plus late fees, collection fees, attorneys’ fees, costs, expenses and interest at the maximum statutory rate established by applicable law.
15.8 Authority. Client represents and warrants that he/she has the actual authority to enter into this Agreement and bind Client to the terms contained herein and by signing below, Client agrees to the terms and conditions of this Agreement
Company’s Program and Program Materials are intended to provide educational instruction, tutoring and coaching with the focus on building and establishing an online consulting business. Company does not guarantee any type of specific results, outcomes, changes or gains through use of the Services, the Program and Program Materials and Company does not make any guarantees regarding the success of Customer’s business, any coaching program, or any results stemming therefrom.
Customer agrees and acknowledges that Customer’s use of any information contained in the Program is purely voluntary.
Customer further understands and acknowledges that Company and/or its employees and representatives are not doctors, lawyers, accountants, tax advisors, nurses or therapists. Accordingly, the Program, Program Materials and the content and information provided by Company are not to be relied upon in any way as medical, legal, financial, tax, or professional business advice. The information and communications of Company are not intended to take the place of professional advice and this Agreement does not create or imply a lawyer-client or other professional relationship. Customers are encouraged to consult with their own medical, legal and financial professionals for any questions concerning any legal, business, medical or financial issues or questions. Nothing in the Program or the Program Materials is intended to take the place of a consultation with any such professional. Customer accepts that Customer’s use of the Networking Lounge service (including any reply from Company) does not create or imply a lawyer-client relationship of any kind.
Customer accepts that Company does not owe Customer any duty of care.
Moreover, Customer’s use of the information provided by Company and purchase of the Program and/or Program Materials is purely voluntary and Customer understands that Company is not responsible or liable for any harm or damage to Customer or Customer’s business resulting from direct or indirect use of the Program, Program Materials or content contained in the Program. In this regard, Customer agrees to hold Company harmless from any damages, directly or indirectly, resulting from Customer’s use of the Program Materials or content contained in the Program and Customer agrees not to make any claims against Company.
By accessing Company’s website and reviewing Company’s Program and Program Materials, Customer understands and agrees that Company makes no guarantees or warranties regarding the condition of website, including functionality, existence of viruses or other components that may harm Customer’s computers, uninterrupted use, constant access and availability, and the like. Company will make every effort to make Company’s website available for access to Customer at all times. However, from time to time the website may be down for maintenance, repairs or updates, as a result of “crashing” or overuse, or other reasons, known or unknown to Customer, and Customer agrees and understands that this may occur without explanation. Should this occur, Customer understands and agrees that Company shall not be responsible or liable for any damages, losses, interruption caused to Customer or Customer’s business and Customer shall not receive or be entitled to any refund or reimbursement, either in full or pro rata, as a result thereof.
Company may make the unilateral decision to change or discontinue all or part of Program and/or Program Materials or any portion thereof without notice.
The Program and/or Program Materials made available are offered on an “as is” basis, with no additional attachment or warranties. Customer agrees and understands that Company is not obligated to continue running all or part of the Program nor is Company responsible or liable for any harm or damages to Customer or Customer’s business as a direct or indirect result of a decision to alter, remove, or change Company’s Program or Program Materials without notice.