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Please carefully read the following terms and conditions relating to your participation in our 52 Week Roadmap to Referrals Deluxe Program (the "Program") conducted by Home Care Sales ("Provider," "We," "Us," "Company"). By registering for the Program, you (the "Client") signify your acceptance of and obligation to this Agreement and these terms and conditions ("Terms"). If you have objections to the following Terms, you should not register for the Program. By registering for the Program, as signified by your payment, you agree to these terms and digitally sign this proposal.
Term: The term of this agreement is 3 months from the effective date.
Section 1
1 You understand and agree that the value you will derive from the Program will be in proportion to the level of effort put forth; your level of comprehension; your background, skill, and level of desire and willingness to take action on the information provided; and external factors like world events, market conditions, employment, relationships, and other unknowns. Due to these unknowns and the variability across these factors, there is no way of knowing how well you will do or the results you may achieve. Consequently, Provider has not, cannot, and will not make any guarantee of success, growth, income, or savings whether explicit or implied. Any past customer experiences or testimonials you may have heard are only examples of what could be obtained but are not promises of actual results. You understand that there are risks associated with your decision and past results do not represent an indication of future success, growth or earnings.
2 You agree that we have not, can not, and will not, make any claims or guarantees of financial, or specific results based on this Program. You understand that we offer no professional personal, medical, psychological, legal, therapeutic, accounting, investment, or financial advice in this program, and none of the information contained in the Program should be confused as such advice. You understand that this Program and all the products and services by Provider or its representatives are for educational, informational, and personal development purposes only.
3 You agree that we are not responsible for the success or failure of your actions, relationships, or business decisions relating to any information presented by our Company or Coaches, and by your registering for this program you specifically release the Provider and any of its representatives or contractors from liability for any special or consequential damages that result from the use of, or the inability to use, the information or strategies communicated through this program and its materials and websites, or any services provided prior to or following this program, even if advised of the possibility of such damages. Under no circumstances, including but not limited to negligence, will Provider be liable for any special or consequential damages that result from your participation in this Program.
4 You understand and agree to defend, indemnify and hold Provider and its officers, directors, employees, independent contractors, agents instructors, coaches, and affiliated companies harmless from and against all damages, liabilities, costs, losses, expenses, claims, and/or judgments, including legal costs and reasonable attorney fees which any of them may incur or become obligated to pay arising out of or resulting from your breach of any representation, warranties, obligations, or duties under this Agreement, or from claims or injury to Provider from the sales or purchase of any products or services.
5 YOU ACKNOWLEDGE THAT ALL OF OUR PRODUCTS AND SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" BASIS, AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED. In no event will you have the right to recover any indirect, incidental, consequential or exemplary damages or lost profits in any action against Provider, it being agreed that your remedies shall be limited to an action for direct damages, not to exceed the amount paid by you to us.
I Will Keep Content Confidential
1 You understand that by participating in our Program, you will be exposed to Our content, curriculum, coaching process, private membership areas, and live events, all of which is our proprietary content and protected intellectual property. You understand that any and all of the ideas, content, and processes in this Program are Provider's private and protected intellectual property, and that it must not be shared, sold, summarized, duplicated, distributed, trained from, or utilized to create derivative works without written permission. You will use this Program and any of our content for educational and/or personal use ONLY, and you will not attempt to transfer or resell the content to any other person or entity
2 In the event of a claim or dispute, you will first speak with us in good faith. You must send a written description of your claim by email or certified mail to our corporate office . If a resolution cannot be achieved, you may bring an action in court, to be decided by a duly appointed judge, but neither you nor we will have the right to bring any claims before a jury or have a jury trial. Claims and remedies sought as part of a class action, private attorney general or other representative action are hereby voluntarily waived and barred by your participation in the Program, and both parties agree that relief may only be granted on an individual (non-class, non-representative) basis. This agreement shall be governed by and solely construed in accordance with the laws of the State of Alabama. The parties agree that any suit, action or proceeding arising out of, or relating in any manner whatsoever to, this agreement shall be brought in Mobile, AL,. Each party waives any objection, and irrevocably accepts and submits to the jurisdiction and venue of the aforementioned courts. The parties agree to pay their own fees, costs and expenses including those for counsel, experts, discovery, and witnesses.
3 If any portion of this section or Agreement is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this section, or the Agreement, each of which shall be enforceable to the fullest extent possible, regardless of such invalidity.
4 This Agreement is governed by the laws of the State of Alabama. You agree that by registering for this program via our website and to these terms and conditions and this Agreement, that you are providing your digital signature, which is equivalent to a handwritten signature as provided in The Federal E-Sign Act.
I Will Contact You with Any Issues
You agree to email or call us if you have any issues or concerns. Your satisfaction and success is our priority, so feel free to contact us anytime by emailing success@homecaresales.com. You can also call us at 888-451-1747. All of our customer service representatives are in the United States, and we strive to return all communications within 1 business day.
Section 2
1. You will commit at least one (1) hour per week for a live coaching session with your coach (the “Coach”) as assigned by us, and up to another hour per week on self-reflection, homework, and feedback forms as directed by your Coach. (if live coaching is part of your program)
3 If you need to reschedule a session, please do so at least 48 hours in advance by calling us at 1-888-451-1747. Missing a scheduled session or failing to cancel within 48 hours will result in a lost session and no credit will be issued for the missed session.
4 If you do reschedule sessions or change the schedule, you must complete your coaching sessions within at least four (4) months from the date of your first coaching session. If you have not completed your sessions within that time, then we will provide you with video training that will satisfy our obligations to you at our discretion.
5 You will fully participate as directed in the program, taking action on principles you learn, completing all homework assignments, and reporting back to your coach as requested.
6 You will attend the live event in the next 12-months, or if you are unable to attend live, we will provide you access to a previously recorded event online. You understand you cannot transfer your tickets to someone else outside the organization.
7 To the best of your knowledge, there are no circumstances that would inhibit or prevent you from participating in the Program.
8 You agree that you alone are responsible and accountable for your decisions, actions and results in life, and by your participation in this Program, you agree not to attempt to hold Us liable for any such decisions, actions or results, at any time, under any circumstance.
I agree
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