1. Site. These terms and conditions govern your (the “Client”) use of the website retailresilient.clickfunnels.com and school.retailresilient.com including all subdomains and affiliated domains (together, the “Site”) including all content available on the Site and all information accessed on the Site by Client.
2. Credit Card Authorization. To access program content on the Site, Client will provide valid credit card information to Retail Resilient which will be kept on file and used to pay the initial payment and subsequent monthly subscription payments each month until Client cancels their account with the Site. Client authorizes the immediate charge due at upon first submitting credit card information and pre- authorizes the monthly charges due until cancelation. Client agrees to update credit card information if the card on file expires or cannot be charged for any reason. By making the first payment, Client hereby accepts these Terms and Conditions.
3. Failure to Make Payment. In the event Client fails to, or is unable to, make timely payment to Retail Resilient, or in the event that Client’s credit card payment fails for any reason, Retail Resilient reserves the right to revoke access to its educational materials and terminate its agreement with Client and all access by Client to materials on the Site.
4. Indemnification. Client shall indemnify Retail Resilient, including its owners, employees, subcontractors, and agents, for any and all losses (including legal fees and costs) resulting from Client’s breach of this Agreement or resulting from any liability to Retail Resilient arising out of the Client’s actions related to this Agreement.
5. Limitations. Retail Resilient cannot guarantee success in any particular marketing endeavor. The information provided throughout the Coaching Program is for general education purposes only and not specific to any particular client or situation. The information should be applied and implemented carefully by Client at Client’s own reasonable discretion. Retail Resilient cannot control independent platforms like Facebook, and Client must abide by their terms of service or risk penalty including account suspension. Retail Resilient makes no representation or warranty other than those explicitly made in this Agreement. All other warranties, whether express or implied, are disclaimed. Client is solely responsible for ensuring compliance with all applicable laws, regulations, car manufacturer agreements, and other contractual obligations while using or applying any information from the Site to Client’s business practices. The maximum liability that Retail Resilient shall owe to Client for any action arising out of or relating to this Agreement shall be equal to the total compensation actually paid pursuant to this Agreement, and neither party shall be responsible for consequential, indirect, speculative, or other damages.
6. Testimonials. If Client gives a written or video testimonial regarding Retail Resilient, that testimonial becomes the property of Retail Resilient to use in any fashion without limitation. Client releases all rights to any such testimonial including any right to compensation or approval in the future.
7. Prohibitions. Client is prohibited from knowingly sharing, posting, transmitting, redistributing, or uploading educational materials provided by Retail Resilient including any information accessed by Client on the Site. In the event that Client if found to have caused such materials to be shared, posted, transmitted, redistributed, or uploaded, Retail Resilient reserves the right to take any action it deems necessary to prevent further dissemination of its educational materials, including but not limited to, immediate suspension of Client’s access to educational material provided by Retail Resilient, injunctive relief, and monetary damages.
8. Intellectual Property. All materials and information provided by Retail Resilient including all information accessed by Client on the Site is considered proprietary intellectual property that is to be used by Client for personal use only. None of the materials provided by Retail Resilient may be used by Client or any other individuals for any other purpose or transmitted or resold to any third party. Client agrees not to copy, use, or otherwise infringe upon or dilute Retail Resilient’s intellectual property. Client further agrees not to alter or remove any trademark, copyright, or other notice from any copies of Retail Resilient’s educational material.
9. Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties submit to such arbitration to be held in Florida, with the arbitrator applying Florida law only, as the exclusive remedy and venue. If the arbitrator finds in favor of Retail Resilient, the arbitrator shall award costs and attorney fees in addition to any other damages awarded. The arbitrator may not consolidate more than one person’s claims or preside over any class action. Client agrees not to attempt to file any civil action in any court or other venue other than the one agreed to in this section, and Client agrees not to participate in any class action and to take affirmative steps to opt out if a class action is filed that potentially includes Client.
10. Legal. This Agreement is the full understanding of the parties and supersedes all prior understandings. This Agreement may not be amended except in a writing signed by both parties. Waiver by Retail Resilient of any breach by Client shall not be construed as a waiver of any subsequent breach. If any provision of this Agreement is deemed unenforceable, it will not affect any other provision. The parties represent that they are both sophisticated business entities and neither party is entitled to any presumption against the other regarding the interpretation of this Agreement.