The content available on the Site is intended to be used by residents of the United States only. This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
No Unlawful or Prohibited Use and Intellectual Property
As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.
The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, expressed or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior express written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
In the event you gain access to information or material not intended to be accessed by you, you agree that you will immediately notify us and destroy all copies of such information in your possession and not forward such information to any third parties. For this notice, we may be contacted at firstname.lastname@example.org.
For Educational and Informational Purposes
Only As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
Accuracy and Personal Responsibility
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policies suggested or recommended on this Website.
No Guarantees As To Results
As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
Email and Other Electronic Communications
Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Website, satisfy any legal requirement that such communications be in writing.
Electronic Communications Privacy Act Notice (18 U.S.C. §§2701-2711)
We make no guarantee of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. We will not be liable for the privacy of the information, email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content transmitted over networks accessed by the site or otherwise connected with your use of the Site.
Use of Communication Services
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.
The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in the Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages, or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts that are not authorized the Company spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided To The Website
The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Links To Third-Party Websites And Services
The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.
Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.
Use Of Templates And Forms
The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
Use of Paid Courses, Programs, and Associated Material
The Company from time to time provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses.
Use Of Free Downloadable Content
The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.
Right to Refuse Service
We may prohibit you from participating in or utilizing the Site if, in our sole and absolute discretion, you show a disregard for the Terms or act in an unacceptable manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate your access, remove or edit content, or cancel orders in our sole and absolute discretion.
Access to parts of the Site may be restricted to authorized persons. If you believe you have been granted access to any document or file by mistake, please exit the restricted section immediately and contact us as soon as possible.
Parts of the Site incorporate encryption technology, but even if there is encryption technology in place, we cannot guarantee that unauthorized individuals will not be able to access confidential information hosted on or downloaded from the Site.
The documents and files hosted on restricted parts of the Site are confidential. You must not distribute the documents and files hosted in these areas except to persons authorized to read them. If you believe that you may have been granted access to a document or file by mistake, you must not download it, copy it, use it for any purpose, or disclose its contents to any other person.
The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platforms, guest blog posts, or other mediums. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.
The Site may contain technical inaccuracies or typographical errors or omissions. We are not responsible for any typographical, photographic, technical, or pricing errors listed on our Site. We reserve the right to make changes, corrections, and/or improvements to the Site, and to the products and programs described in such information, at any time without notice as described above in Modification of These Terms.
Cancellation of Subscription
Certain of the Company’s products and services are offered on an ongoing basis with a monthly or yearly subscription. Users may cancel subscriptions at any time by emailing email@example.com.
Your subscription shall continue until the end of the existing subscription period and shall terminate at the completion of that period. You shall not be charged after a cancellation.
For the sale of certain products, the Company provides a money-back guarantee. That money-back guarantee is governed by the following terms, except to the extent that the terms of a specific product or service provide otherwise. Refund and guarantee policies are stated on sales pages if they are offered.
With respect to any purchase, you must request your money back within 30 days of the purchase. You may request your money back by emailing firstname.lastname@example.org. That email must contain information about the product you purchased, the date of the purchase, and the email and name associated with any such purchase. You are not required to submit any proof that you have completed any work or meet any other requirements.
Any customer may redeem a money-back guarantee from the Company only once regardless of how many products and/or services the customer purchases. In other words, after a customer has received a refund for any one product under this money-back guarantee, that customer shall not be entitled to a refund as to any other product or service purchased from the Company.
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR THE USE OF THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AT ANY TIME. THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in St George, Utah. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
The Service is controlled, operated, and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Termination and Access Restriction
No Joint Venture or Other Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Online Commerce, Payments, Disclaimers
BAM! Prosperity, Inc. cannot guarantee your results, earnings, or future earnings achieved as a result of your use of our programs, nor can we provide you with professional and/or legal advice. Your results in your business will be completely dependent on your understanding of the material and your own work and efforts to apply it. By signing up/enrolling in a Certification Program, Coaching, Training, Product, or Service, you acknowledge and agree that BAM! Prosperity, Inc. is not responsible for your results, earnings, future earnings achieved as a result of our Certification Program, Coaching, Training, Product, or Service and is not responsible for giving you professional and/or legal advice.
To participate in the Certification Program (“BAM! Certified”), you agree to maintain a respectful attitude and hold space for your peers, coaches, and instructors within the group setting. Failure to do so may result in immediate removal during your group coaching calls, private coaching calls or from the Certification Program altogether, without prior notice. Examples of the types of behaviors that will not be tolerated include, but are not limited to, the following: use of derogatory or explicit language, harassing, aggressive or argumentative behavior, disrespect toward your peers, your instructors, or any member of BAM! staff, and not adhering to the Code of Conduct.
Active BAM! Status
After obtaining your BAM! status you must remain active to be represented on our website and to claim your certified status using the BAM! logo and badges on your personal website. Active status is achieved by attending at least one (1) BAM! group coaching call per quarter and by adhering to the Code of Conduct.
All BAM! Communities materials, coaching, coaching calls, call replays, class replays, recordings, instructor calls and call recordings, transcripts, workshops, and workshop recordings, as well as the personal information of individuals, are to be kept confidential. These materials and information may not be duplicated, shared, posted on social media, or utilized in any way.
RIGHT TO REFUSE or TERMINATE ACCESS
We reserve the right in our sole discretion to refuse or terminate your access to our BAM! Coaching, Trainings, Products, Services, and/or our program materials, website, e-mail communications, or any other method of communications related to our BAM! Coaching, Trainings, Products, or Services at any time without notice.
Should you or we wish to terminate the BAM! Coaching, Trainings, Products, or Services at any time, these termination terms will apply to you as well, even after termination by either of us.
If paying by credit/debit card, you give BAM! Prosperity, Inc. permission and authorization to automatically charge your credit or debit card as payment for your BAM Program Coaching, Training, Products, or Services for which you will receive an electronic receipt. If you purchase BAM! Program Coaching, Training, Products, or Services using our payment plan option, you agree to pay the initial payment to secure your participation and also agree to begin payments on the date specified on the enrollment form. By using the enrollment form, you give BAM! Prosperity, Inc. permission and authorization to automatically charge your credit/debit card every thirty (30) days until all payments are completed.
In the event that payment is not received by the date due, you will have a seven (7) day grace period in which to make the payment; otherwise, your access and entitlement to the BAM! Program Coaching, Training materials, Products, or Services will be discontinued. If you fail to make payment in a timely manner in accordance with these Terms and Conditions or voluntarily decide to withdraw from our BAM! Program Coaching, Training, Products, or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the BAM! Program Coaching, Trainings, Products, and/or Services.
When you purchase any BAM! Program Coaching, Training, Products, or Services, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and by us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for the merchant’s independent policies. You agree to be financially responsible for all purchases you make.
When purchasing tuition for our BAM! Program Coaching, Training, the monies for said tuition apply to the BAM! Program Coaching, Training only. Certification, use of the Business Strategies resource(s), and any other post- Certification Program Coaching, Training class offerings, including Advanced Trainings approved by the Company, are strictly optional and not refundable. Your BAM! Certification course and qualification requirements must be completed before you will become eligible to work for the BAM! Agency or take any other post-Certification Trainings that may be offered.
You agree to only purchase these BAM! Certification Program Coaching, Training, Products, 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 or financial information to us or a merchant, you represent that you have obtained his/her consent to provide such third party’s personal information.
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.
Your satisfaction with your BAM! Certification Program (“BAM!”) Coaching, Training, Products, and Services is of utmost importance to the Company. Once the BAM! Program session in which you have enrolled begins, you will have thirty (30) days* from the start date of the program in which to withdraw from the Program and request a refund. You understand and acknowledge that, because of the extensive time, effort, preparation, and care that goes into creating and/or providing our BAM! Program Coaching, Training, Products, and Services, we are unable to honor any requests for a refund of any portion of your payment (including Application Fees, if applicable) for any part of our BAM! Program Coaching, Trainings, Products, and Services beyond that date.
PURCHASE AND USE OF INDIVIDUAL BAM! PROSPERITY, INC. (“BAM!”) COURSES/PROGRAMS/TRAININGS
The purchase of any individual BAM! courses is a one-time purchase and not a monthly membership. You will not be charged again for access to these online materials. Once purchased, you will have “lifetime access” to the individual course materials from the date of purchase as long as BAM! Prosperity, Inc. is actively operating as a business.
The purchase of programs from BAM! Prosperity, Inc. does not guarantee results. Our programs also are not a replacement for health/medical care. If you require health, medical, psychiatric, and/or psychological care, you are advised to retain the services of a licensed medical professional. The sole purpose of the Company and its products is to provide educational materials and coaching on the subject of Business and Marriage Prosperity and Relationships.
There are no refunds for SUBSCRIPTION MEMBERSHIPS which includes our exclusive software. However, you may cancel anytime. To cancel your membership, contact email@example.com.
PURCHASE AND USE OF INDIVIDUAL BAM! PROSPERITY, INC. (“BAM!”) COURSES/PROGRAMS/TRAININGS
The purchase of any individual BAM! courses is a one-time purchase and not a monthly membership. You will not be charged again for access to these online materials. Once purchased, you will have “lifetime access” to the individual course materials from the date of purchase as long as BAM! Prosperity, Inc. is actively operating as a business.
PLEASE NOTE THE BAM! PROGRAM DOES NOT GUARANTEE RESULTS. IT IS ALSO NOT A REPLACEMENT FOR HEALTH/MEDICAL CARE. IF YOU REQUIRE HEALTH, MEDICAL, PSYCHIATRIC, AND/OR PSYCHOLOGICAL CARE, YOU ARE ADVISED TO RETAIN THE SERVICES OF A LICENSED MEDICAL PROFESSIONAL. FURTHER, IF YOU NEED ASSISTANCE UNPACKING ISSUES OF RACE, PRIVILEGE, AND/OR BIAS, AND EXPLORING HOW THESE THINGS HAVE SHAPED YOUR IDENTITY AND IMPACTED YOUR LIFE AND WORK, YOU SHOULD SEEK THE ASSISTANCE OF A QUALIFIED DIVERSITY COACH WHO IS SPECIFICALLY TRAINED TO ADDRESS THESE MATTERS. THE SOLE PURPOSE OF THE COMPANY AND ITS PROGRAMS IS TO PROVIDE EDUCATIONAL MATERIALS AND COACHING IN THE AREA OF BUSINESS AND MARRIAGE PROSPERITY AND RELATIONSHIPS.
Under no circumstances will the Company or any of its representatives be held liable for any special or consequential damages that result from the use of, the improper use of, or the inability to use the information or strategies communicated to you through the BAM! program. By participating in the Community, you hereby waive and release the Company to the full extent permitted by law from any and all claims relating to the use of and/or reliance on the information and content provided to you. In no event shall the Company be held liable for any injury, loss, or damage resulting from the use of, or reliance upon, the program materials.
RIGHT TO REFUSE OR TERMINATE ACCESS
We reserve the right in our sole discretion to refuse or terminate your access to our BAM! Program Coaching, Trainings, Products, Services, and/or our program materials, website, email communications, or any other method of communications related to our BAM! Coaching, Trainings, Products, or Services at any time without notice.
Should you or we wish to terminate the BAM! Program Coaching, Trainings, Products, or Services at any time, these termination terms will apply to you as well, even after termination by either of us.
In the event of cancellation or termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the BAM! Program Coaching, Trainings, Products, Services or our Website, email, or any other methods of communications affected by such cancellation or termination. The restrictions imposed on you with respect to the BAM! Program Coaching, Training materials, Products, or Services, including, but not limited to all of the disclaimers, limitations of liabilities, and rights set forth in these Terms and Conditions, shall survive such termination of your access and apply in full force.
It is hoped that should you and the Company ever have any differences, we will be able to work them out amicably through a phone conversation or email correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly in the state of Utah, in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your complaint to BAM! Prosperity, Inc. via email. You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of any Payment(s) made by you, up to the date of the award. You agree that no award of consequential or of any other damages may be granted to you and you agree not to seek the same.
By signing up for/enrolling in/purchasing any of our Coaching, Training Programs, Products, and Services, you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in email or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in Washington County, Utah, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our Company, or any of our Coaching, Training Programs, Products, or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
Availability of Products Outside the United States
The products and/or services described in and available through the Site may not be available in your country. We make no representation that the services or products offered in the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If the use of the Site and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Site and must exit immediately. Your viewing and/or use of the Site constitutes your representation that you are unconditionally and without limitation permitted to view and use the Site and the Indemnified the Company and its affiliates, and their owners, partners, franchisees, subsidiaries, officers, each of such person’s or entities’ directors, employees, contractors, agents, licensors and suppliers (collectively, the “Indemnified Parties”) Parties may rely upon such representation.
The Site is operated from the United States, and it is possible that some software from the Site or the products and services offered on the Site may be subject to United States export controls. Products and services described on the Site and software downloaded or otherwise exported or re-exported from the Site are not intended for sale, download, or export (i) into (or to a national or resident of any country that is subject to a U.S. or U.N. embargo or sanction or to anyone on the US Treasury Department’s list of Specially Designated Nationals or anyone subject to the same or similar restrictions even if not listed or the US Commerce Department’s Table of Deny Orders. Downloading or using the software, products or services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any of the above restricted lists or subject to such restrictions.
This Agreement shall be governed by the laws of the State of Utah, without regard to conflicts of law provisions. The parties agree that the exclusive jurisdiction for any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, this Agreement or services provided in connection therewith shall be in the state and federal courts located in Washington County, Utah.
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
All Company trademarks that appear on the Site are the exclusive property of the Company. The trademarks, trade names, trade dress, logos, and associated products and services represented on this Site are protected under the laws of the United States and international law, and their display on this Site does not convey or create any license or other rights in these trademarks, trade names, trade dress, and associated products and services. Any use of them without prior express written authorization of the Company or the relevant trademark owner is strictly prohibited.
Any third-party trademarks mentioned on this Site which are not those of the Company are the trademarks of their respective owners. The display of these trademarks or trade names on this Site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of those third-party trademarks is strictly prohibited.
Any unauthorized copying, redistribution, reproduction, or modification of the contents of this Site by any person may be a violation of federal, state, or common law trademark, and/or copyright laws and could subject such person to legal action. For purposes of these Terms, the use of any such material on any other Web, Internet, intranet, extranet, or other site or computer environment is prohibited. You may not use any meta tags or any other “hidden text” utilizing our name, trademarks, or other proprietary information without our prior express written consent.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our express written permission or the permission of such third party that may own the Trademarks displayed on the Site.
WHAT DOES THIS MEAN?
The use of any BAM! logo, including the BAM! Program logo, BAM! Certified logo outside of these groups or on documents created by those not working for or contracted with BAM! Prosperity, Inc., is strictly prohibited, except that BAM! Certified persons are permitted to display the BAM! Certified logo.
You are not licensed to resell any BAM!-related materials, repackage our tools in your own voice, write books teaching our tools extensively, or create apps based on the BAM! Framework/Formula. You cannot rewrite our material or content and sell it as your own, nor are you authorized to sell BAM!-related materials or merchandise. This is copyright infringement. You may mention the BAM! Framework/Formula and our tools briefly with credit. Please review applicable copyright laws to make sure that you are complying with them.
You also are not licensed to use the BAM! Framework/Formula or BAM! tools for any type of Certification course. BAM! Prosperity, Inc. is the only school/company authorized to train persons on how to use the BAM! Framework/Formula. You cannot compete with BAM! using our tools to certify persons.
For any questions or requests, please contact us at firstname.lastname@example.org.
Hyperlinks to the Site
If you are interested in creating hypertext links to this Site, you must obtain the Company’s express written permission before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship, or support of this Site or the Company, including its respective employees, agents, directors, officers, and shareholders.
You represent and warrant that you have the legal right, power, and authority to agree to the Terms on behalf of yourself and the member, buyer, or supplier participating in the Site. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated the Terms and acknowledged and agreed that these Terms are an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you and the member, buyer, or supplier on whose behalf you are acting.
The following general terms apply to you and your use of the Site:
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Site.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
You may not modify or amend this Agreement, in whole or in part without the prior express written consent of an authorized representative of the Company. Additionally, the Company may replace this Terms of Service Agreement from time to time and your subsequent use of the Site, or any content, programs, or materials provided through the Site, will be subject in all respects to the terms and conditions of such terms of service in force at the time of such subsequent use. You are advised to check this Global Terms of Service Agreement regularly for any modifications.
Changes to Terms
The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and the Company. The Company’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
This Agreement shall inure to the benefit of the Company and its subsidiaries and affiliates. Any and all references in this Agreement to the Company and its affiliates shall, where the context so permits include the Company’s parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors, and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third-party content, or third-party software on or through a link provided on the Site.
The Company may assign its rights and duties under this Agreement to any party at any time without notice to you.
The Company welcomes your questions or comments regarding the Terms:
BAM! Prosperity, Inc
898 S State St., Ste 310 #842
Orem UT 84058
Email Address: email@example.com
Other terms I have read and agree to: disclaimer, privacy, and code of conduct.