TERMS AND CONDITIONS
This website (the “Site”) is owned and by Dana James Mwangi. (“COMPANY,” “we” or “us”).
Dana James Mwangi reserves the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case the revised Terms of Service will be posted on this website. By continuing to use the Site after new terms and conditions are posted you accept the Terms of Service, as modified.
Intellectual Property Rights
Our Limited License to You.
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us.
By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Site, you are representing: (i) that you are the owner of the material, consenting to submit the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older if you come from non-EU countries or 16 years or older if you come from an EU country. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing.
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services.
For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
All sales are billed in USD.
All sales are final. We do not accept returns.
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. At the same time, on our side we strive to provide the highest technological standards of passport safety, and we shall not maintain data that could connect username or password with the person using the Site.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
PARTICIPANT acknowledges and agrees that no representation has been made by OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in or purchase of any product or service on this SITE.
All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
You must be at least 13 years of age or older to purchase a Product. Children under the age of majority should review this Agreement with their parent or legal guardian.The Product(s) includes live course access, course content and materials, other information and materials furnished by the Company and access to a website for members of the Program. By purchasing a Product, you and the Company agree to the following legal terms and conditions that govern your use of the Program and that form a legal agreement between you and the Company: INTELLECTUAL PROPERTY.
You agree that the Product(s) contains proprietary information and material 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 Product files 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 Product(s) solely for your personal, noncommercial use, and you agree that you will not use such proprietary information or materials in any way whatsoever except for use in compliance with this Agreement. You will not use the Product(s) or the materials available in the Product(s) in a manner that constitutes an infringement of the Company’s rights or that has not been authorized 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 Product. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright 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 in any way. Any material that you create should be focused on your business, not ours. All copyrights in and to the Product(s) (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, who reserve all their rights in law or in equity. THE USE OF THE COMPANY’S PRODUCT(S), 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 Product(s) are trademarks or registered trademarks of the Company. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
The Product is an individual purchase program. Upon registration you will receive one username, password, and a member profile for use during the live course and in the private member site as well as the exclusive directory listing.
If you would like to take the Program along with a business partner or collaborator, you will need to each purchase the course individually. Additionally, if you are interested in having your assistant or your entire team take the Program, a separate membership will need to be purchased for each participating member.
PRIVACY AND CONFIDENTIALITY
We respect your privacy and must insist that you respect the privacy of other people that participate in the Program (“Participants” or “Program Participants”). Thus, consider this a mutual non-disclosure agreement.
We respect your confidential and proprietary information, ideas, plans and trade secrets (collectively, “Confidential Information”) and by purchasing this program you agree to respect the same rights of Participants, the Program and representatives of the Company.
Thus, you agree:
- not to infringe on any copyright, patent, trademark, trade secret or other intellectual property rights of the Company and the Program Participants.
- that any confidential information shared by Participants or any of the Company’s representatives is confidential and proprietary and belongs solely and exclusively to the Program Participant who discloses it or to the Company.
- not to disclose such information to any other person or use it in any manner other than in discussion with other Program Participants during training sessions.
- that all materials and information provided to you by the Company are the Company’s confidential and proprietary information and intellectual property, belong solely and exclusively to the Company, and may only be used by you as authorized by the Company.
- the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited.
- that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.
While you are free to discuss your personal results from our programs and training, you must keep the experience and statements, oral or written, of all other participants in the strictest of confidence.
THIRD-PARTY MATERIALS AND WEBSITES
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 Program 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.
PROGRAM PAYMENT POLICY
You are responsible to pay for the Product in full (including all applicable sales and other taxes or fees) and for providing us with a valid credit card or other payment method. If you have selected a payment plan and you miss a payment, your account status will be changed to “delinquent.” You will immediately lose access to future Modules and Bonuses and your access to all Program content will be revoked 7 days after your payment declines. You will also not receive access to future versions of the Program as it’s released until all payments are made in full.
If your account remains in delinquent status for longer than 60 days, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to the Company’s sole discretion until the account is caught up and in good standing.
To be clear, Programs are not “pay in part” programs where you can pay only for access to certain Modules and not others. This is a full immersion program and your payment plan is a convenience that we offer so that you can make the price sustainable.
When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we’ve taken every effort to ensure that we accurately represent our programs and their ability to grow your business and 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 on our Sites is a promise or guarantee to you of future earnings.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PRODUCT IS AT YOUR SOLE RISK. By purchasing the Product, 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.
ADDITIONAL TERMS AND CONDITIONS
1) GOVERNING LAW.
You and the Company have entered into this Agreement in the State of Tennessee and agree that the validity, interpretation and legal effect of this Agreement, as well as all disputes among you and the Company, shall be determined in accordance with the laws of the State of Tennessee, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
2) LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS OR LICENSEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OR PURCHASE OF THE PRODUCT. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR PURCHASE AND USE OF THE PRODUCT, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the Company, the Product or Dana James Mwangi, 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 Product is a non-transferable program.
The Company is committed to providing all customers in the Program with a positive Program 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 Program without refund or forgiveness of monthly payments; 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.
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 Product. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Product will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Company’s website or you may be notified by either email or postal mail. If you have any questions, please contact our legal department directly at firstname.lastname@example.org.
By purchasing and/or using the Product(s), you, to the extent permitted by law, agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, directors, 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 them may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your purchase and/or use of the Product(s). 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) RESOLUTION OF DISPUTES BY ARBITRATION.
YOU AND THE COMPANY AGREE TO RESOLVE ANY CONTROVERSY, DISPUTE, CLAIM OR GRIEVANCE, WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE, BY ARBITRATION THAT WILL TAKE PLACE IN SHELBY COUNTY, TENNEESSEE, UNITED STATES OF AMERICA AND BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) PURSUANT TO THE AAA COMMERCIAL ARBITRATION RULES. SUCH ARBITRATION WILL BE CONDUCTED BY A SINGLE ARBITRATOR WHO SHALL BE SELECTED BY THE APPLICABLE AAA RULES AND THE ARBITRATION HEARING SHALL BE HELD WITHIN ONE HUNDRED AND TWENTY (120) DAYS FROM THE DATE THE ARBITRATOR ACCEPTS HIS OR HER APPOINTMENT AS ARBITRATOR. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING UPON THE PARTIES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE CONFIRMED AND ENTERED AS A JUDGMENT IN ANY COURT HAVING JURISDICTION THEREOF. EACH PARTY SHALL BE RESPONSIBLE FOR ITS OWN ATTORNEYS’ FEES AND OTHER ARBITRATION COSTS. SHOULD THE AAA FIND THAT ITS CONSUMER ARBITRATION RULES APPLY, THE PARTIES WILL RETAIN THE RIGHT TO SEEK REMEDIES IN SMALL CLAIMS COURT FOR DISPUTES AND CLAIMS WITHIN THE JURISDICTION OF THAT COURT. FURTHER, ANY SUCH CONTROVERSY, DISPUTE, CLAIMS AND GRIEVANCES WILL BE PURSUED INDIVIDUALLY AND NOT AS A CLASS ACTION. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. PLEASE NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY NOT BE AVAILABLE IN ARBITRATION. FOR EXAMPLE, THE PARTIES ARE WAIVING THEIR RIGHT TO A JURY TRIAL, AND PRE-ARBITRATION DISCOVERY IS GENERALLY MORE LIMITED THAN AND DIFFERENT FROM THAT AVAILABLE IN COURT PROCEEDINGS. IN ADDITION, THE ARBITRATOR’S AWARD IS NOT REQUIRED TO INCLUDE FACTUAL FINDINGS OR LEGAL REASONING AND ANY PARTY’S RIGHT TO MODIFY OR SET ASIDE AN ARBITRATOR’S AWARD IS STRICTLY LIMITED.
9) EQUITABLE RELIEF.
You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by you, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Company may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in Shelby County, Tennessee, United States of America for purposes of any such action by the Company.
10) 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.
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 law, the law shall prevail, but in such event the provision effected in this Agreement shall be limited or eliminated only to the extent necessary, and the remainder of this Agreement shall remain in full force and effect.
12) 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.