Terms and Conditions of Use
Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any Exponential Mindset Coach or https://exponentialmindsetcoach.com (“Website”) digital or downloadable resources, online course, one-on-one or group coaching, class, program, pre-enrollment promotional program or offer, workshop, or training, video, member portal(s), enter any online private forums operated by Exponential Mindset Coach (for any purpose), whether on a website hosted by Exponential Mindset Coach or a third-party website such as an online course platform or Facebook.com, participate in any workshop or challenge; attend any live (in-person) or virtual event hosted or promoted by Exponential Mindset Coach; and/or purchase or take part in any future service or activity offered by Exponential Mindset Coach, whether now known or unknown (collectively "EMC", “EMC Activities” or “the Program”).
If you do not agree with these TOU, you may not use the Website or its Content.
As used in these TOU, the term “Releasees” is defined to include the following: (i) Exponential Mindset Coach, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively, “EMC” or “the Company”); (ii) any volunteers; and (iii) Eduardo Orozco.
1. The Program
As part of the EMC Activities you select at checkout, you will receive the services outlined on the web page where you register for the Program. Company reserves, in its sole right and discretion, the right to adjust the Programs offerings or pricing at any time. Except as otherwise expressly provided for in these TOU, any adjustments to the Programs will take effect following notice to you.
If you wish to participate in another session of the Program in the future or purchase any other products, programs or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.
The Website, Content, and EMC Activities are intended and only suitable for individuals aged 18 and above. Some of their content may not be appropriate for children. Children under the age of 18 are not permitted to use the Websites or Content. EMC hereby disclaims all liability for use by individuals under the age of 18.
3. Free & Unleashed, 90 Days to Self-Mastery, and Exponential Mindset Program Early Enrollment Program Offers / Special Program Offers
From time to time, EMC may offer participants of Free & Unleashed, 90 Days to Self-Mastery, and Exponential Mindset Program promotional pricing, early enrollment, and early access to specific services outlined on EMC’s webpage for registration, for a temporary period of time (“Promotional Offer”).
If you accept the Promotional Offer by taking the required steps (i.e., Submitting a Program application and paying the required Application Fee) then you agree that these TOU will apply to the Promotional Offer unless otherwise detailed on the webpage where the services of the Promotional Offer shall be outlined. Please note that you are subject to any additional terms set out for the Promotional Offer, whether said terms are outlined on the Company’s webpage or otherwise (i.e., email), and those terms shall be incorporated into this Agreement.
Application details, Application Fees, refund policy details, and the like for the Promotional Offer, will also be detailed and outlined on the Company’s webpage for registering for the specific Program(s) offered for the Promotional Offer.
4. Application Process and Fees
Unless otherwise mentioned for a Promotional Offer, in order to participate in EMC Activities, you must complete and submit an application. The application will be reviewed by EMC. If EMC believes, in its sole right and discretion, that your application is satisfactory and that you are a great fit for EMC Activities, EMC will provide you with a URL link to EMC's registration page, at the email address you’ve provided in your application. If you fail to pay the required Program fees upon registration, further detailed in Paragraph 5 of these TOU, your acceptance into the EMC Activities will be revoked and you will have the opportunity to reapply for acceptance into the EMC Activities when advertised.
You agree to the fees and payment schedule selected at checkout.
If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to EMC, without any additional authorization, for which you will receive an electronic receipt. You also agree that EMC is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
Other than for Promotional Offers where participants are granted access to the Program(s) immediately upon payment to EMC, or as otherwise stated for any of EMC Activities, payment in full is required before you are permitted to participate in any EMC Activities. If payment is not received when due, the Company reserves the right to terminate your access to the Program and all Content immediately and permanently.
If you fail to make any payment in a timely manner or voluntarily withdraw from the EMC Activities at any time or for any reason, you will remain fully responsible for the full cost of the EMC Activities and all payments in any payment plan you have chosen. The Company reserves the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
Your satisfaction with the Program is important to us. The refund policies for EMC Activities are outlined below.
a. Refund Policy for the Program: Your satisfaction with the EMC Activities is important to us. However, because of the extensive time, effort, preparation, and care that goes into creating and providing the Program, we have a no-refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any part of our Program and no refunds will be provided to you at any time. By using and/or purchasing the Program, you understand and agree that all sales are final, and no refunds will be provided.
b. Exponential Mindset Program Promotional Offers / Special Program Offers: Your satisfaction with the Program is important to us. Please note, if you’ve opted for monthly payments to participate in the Promotional Offer, all monthly payments are nonrefundable.
If in the Company’s sole right and discretion, you violate these TOU, the Company may terminate your access and participation in the Programs without notice and without refund.
Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of EMC Activities, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that 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.
7. Guest Coaches and Coach Substitutes
EMC may have guest coaches and/or coach substitutes participate and coach EMC Activities. EMC, in its sole right and discretion, reserves the right to assign any and all duties, responsibilities, and obligations under the terms of these TOU, at any time, to any qualified third party of EMC's choosing, to deliver, administer, and carry out all EMC Activities, without providing advanced notice nor needing consent from any participant.
8. Intellectual Property Rights
Ownership of the Content
The words, videos, voice, and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases, and all other information and intellectual property accessible on or through the EMC website, any third-party website EMC may use to distribute or host the EMC Activities, contained in e-mails sent to you by EMC, or provided at in-person events by EMC, as well as the look and feel of all of the foregoing (“the Content”) is property of EMC and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
EMC's Limited License to You:
If you view, purchase or access any EMC Activities or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of EMC Activities and Content for your own personal purposes or your own internal business use only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, your clients or customers, or any other third party, or otherwise use any material from the EMC Activities or Content for commercial purposes or in any way that earns you or any third party money (other than by applying them internally in your own business). By downloading, printing, or otherwise using the EMC Activities or Content for personal use you in no way assume any ownership rights of the Content – it is still EMC property. Any unauthorized use of any materials found in the EMC Activities or Content shall constitute infringement.
You must receive our written permission before using any of the EMC Activities or Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the EMC Activities or Content are trademarks belonging to EMC, unless otherwise indicated. Any use including framing, metatags, or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license are reserved by us.
Your use of any materials found in the EMC Activities or Content other than that expressly authorized in this agreement or by a separate written assignment is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the EMC Activities in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the EMC Activities, in addition to any legal or equitable remedies EMC may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.
Your License to EMC; Use in Testimonials and Marketing.
By posting or submitting any material during the EMC Activities such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials, and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of EMC’s current or future EMC Activities and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the EMC Activities or in our Content at any time for any reason.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice, and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.
You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos, or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.
This means you give EMC permission to use anything you submit or post in the EMC Activities or any third-party forum or website operated by EMC, or anything captured by you or EMC during your participation in the EMC Activities, including images in which your face is visible and recognizable or your full name.
Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by sending an e-mail to firstname.lastname@example.org.
If you are granted permission by EMC, you agree to use the specific Content that EMC allows and only in the ways for which EMC has given you its written permission. If you choose to use the Content in ways that EMC does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated, and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the EMC Activities and Content.
9. Coach/Client Relationship and Responsibilities Of The Parties
The coaching relationship is co-creative, meaning that the coaches and you are equal partners in the coaching process.
EMC's staff are trained to use their communication skills and coaching tools to support you throughout the EMC Activities.
EMC's staff will provide guidance to you based on the information you provide.
EMC's staff will answer questions through the Facebook group and live group coaching calls on Zoom or Facebook Live; replays will be made available if you are not available to attend live.
Your Responsibilities for Best Results:
Watch and/or listen to all video content provided on the Website and complete all worksheets assigned during the EMC Activities, at your own pace.
Attend live group coaching calls.
Participate, engage, and ask for coaching and help in our private Facebook group and in the member portal on our Website.
Attend live in-person events, if applicable.
You agree that your relationship with the Company is that of a coach-client relationship and that no other professional relationship has been established.
You agree that coaching is not to be used as a substitute for professional advice of any kind, including medical, mental, or other qualified professional help and you agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.
10. Your Conduct
The Program is a “pitch-free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Program participants on any Company website or third-party forums operated by EMC, whether or not officially sanctioned, owned, or operated by EMC. This means you agree not to form, or ask Program participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You agree you will not invite Program participants to participate in events, such as a meetup, seminar, mastermind, or program, without first receiving approval from EMC. You agree not to market, promote, or sell products or services such as coaching services and/or programs, coaching masterminds, online programs, live events, or other products or services to Program participants unless you are authorized or requested to do so by EMC.
You also agree that during your participation and access to EMC Activities and Content, and for a period of one (1) year thereafter, you will not directly or indirectly own, manage, control, participate in, consult with, render services for, or in any other manner engage in any business, or invest in or lend money to any past or current EMC Activities participants or EMC Activities participants’ businesses, which constitutes or is competitive (including, without limitation, by competing for the same customer or client base) with any business conducted by Company. This provision of these TOU shall survive the termination of this Agreement.
Please choose carefully the materials that you upload to, submit to, or embed on any website operated by EMC and any third-party forums operated by EMC. Any material you post on EMC's website or in any third-party forums operated by EMC may become public.
You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on EMC's website and any third-party forums operated by EMC, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene, or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
You are strictly forbidden from the following:
Harassing, fighting with, or being disrespectful to EMC or other EMC Activities participants
Causing damage to any EMC website or third-party forums operated by EMC
Using any EMC website or third-party forums operated by EMC for any unlawful, illegal, fraudulent, or harmful purpose or activity
Using any EMC website or third-party forums operated by EMC to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger, or other malicious software
Using any EMC website or third-party forums operated by EMC to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
Systematically or automatically collecting data from any EMC website or third-party forums operated by EMC
Using any Company website or private membership forum or third-party forums operated by Company, to take pictures and/or screenshots of comments, posts, pictures, materials, or any other content posted and/or shared by Company and/ or Participants without receiving their advance permission
Sharing any private and proprietary information, screenshots, comments, posts, pictures, materials, or any other content posted and/or shared from other participants, with the public or with anyone who is not a participant on or in any Company website, private membership or third-party forums operated by Company.
Discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels
If in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Program and your access to the Content without refund.
The Company, in its discretion, may delete or modify, in whole or part, any post, comment, or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.
11. Community Guidelines
The Company has created a community that is a safe and judgment-free space for connection, conversation, learning, and growth. Within Company’s community is the baseline expectation that all participants will treat one another with respect while bringing encouragement and consideration to all participants.
The Company’s community guidelines are as follows:
The Company’s Program promotes diversity amongst its participants. Therefore, the Company encourages all participants to connect with one another and to learn about one another’s background, interests, hobbies, and points of view. The Company does not tolerate nor support any participant’s discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.
The Company does its best to create a safe and welcoming space for all participants. However, Company cannot guarantee that all participants will follow these guidelines. Company, in its sole discretion, may remove any participant’s comments, posts, content, or materials. However, Company does not have a duty to review all comments, posts, content, and material shared within the Program. Therefore, Company shall not be held liable for any participant’s comments, actions, posts, content, or materials that result in another participant’s trauma or discomfort.
The Company has created a safe space for all participants to feel seen, respected, and heard. Company encourages participants to engage in respectful dialogue with one another. The Company does not support nor tolerate any disrespectful actions or comments, which include, but are not limited to hate speech, discriminatory comments, physical, mental, or emotional abuse. Therefore, each participant must demonstrate respect towards one another.
Support each participant with words of encouragement, resources, or suggestions, while respecting each participant’s boundaries.
The Company reserves the right to offer additional program elements from time to time, for any subgroup of participants. These additional program elements are a bonus, not a part of the services included in the base services of the Program. The selection of the participants who may participate in any additional program elements is at the sole discretion of the Company.
We may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website (such as Facebook.com), which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into these TOU.
EMC is not legally bound to keep your information confidential. You acknowledge that our communications are not covered by any doctor-patient privilege or other privileges.
Confidential information does not include information that:
was in the EMC's possession prior to your participation in the Program;
is generally known to the public or in your circle of friends and family and co-workers; or
EMC may be required by law to disclose.
You may use a screen name or pseudonym instead of your actual name for your participation in group coaching sessions and public posts on the Company website and in third-party forums operated by the Company.
You agree that EMC shall not be liable for the disclosure of any of your information by another Program participant. You agree to keep all information you learn about other Program participants, their businesses, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.
EMC may record coaching calls and share them in the Program, on the EMC website, or on third-party forums operated by EMC.
You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of the EMC's website or any third-party forums operated by EMC, without permission. If EMC discovers you have done so without permission, this will be grounds for immediate termination of your access to the Program and Content.
13. Username and Password
You, nor your respective members, employees, representatives, and agents, shall not take any action that is intended, or would reasonably be expected, to harm the Company, its respective members, employees, representatives, and agents, or its reputation, or which would reasonably be expected to lead to unwanted or unfavorable publicity to them. You, and your respective members, employees, representatives, and agents, will not disparage or comment negatively about the Company nor Releasees. Disparaging remarks, comments, or statements are those that impugn the character, honesty, integrity, morality, or business acumen or abilities in connection with any aspect of the operation of the business of the Company or Company’s respective Releasees. This non-disparagement provision shall survive the termination of this Agreement.
15. Live or In-Person Events
If you participate in any live or in-person event as part of the Program, you agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by the Company through its employees, representatives, or agents, and to abide by any decision of any Company staff or volunteers, or Company vendors or contractors, regarding your ability to safely participate in the Program. You agree to exhibit appropriate behavior at all times and to obey all local, state, and federal civil and criminal laws while participating in the Program. This includes, generally, respect for other people, equipment, facilities, or property. The Company may dismiss you, without refund, if your behavior endangers the safety of or negatively affects the Program or any person, facility, or property.
You consent to medical care and transportation in order to obtain treatment in the event of injury to you as Company, volunteers or medical professionals may deem appropriate. These TOU extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
You agree that you will not consume alcohol prior to any part of the Program that involves physical exercise, activity, or use any medicine or substance that will inhibit your mental or physical ability to safely participate in the Program.
If you choose to consume alcoholic beverages during any part of the Program, you must do so responsibly and only if you are over the age of twenty-one (21).
The Company is not responsible for any personal item or property that is lost, damaged, or stolen at or during the Program.
You consent to and understand that in the event that Company hosts an in-person live event in a city or state that has a COVID-19 vaccination mandate, before gaining entry to the event as part of the Program, you must present proof of vaccination.
Valid proof of vaccination consists of providing a physical, digital, or photocopy of your vaccination card.
In the event Company hosts an in-person, live event, as part of the Program, in a city or state that does not have a COVID-19 vaccination mandate, you understand and agree that you may be subject to Company’s COVID-19 testing and screening requirements. You understand and agree that before gaining entry to the live in-person event, you may be required to present proof of a negative COVID-19 PCR test taken at least 72 hours prior to the Event and you must voluntarily sign the Company’s COVID-19 Waiver and Indemnity Agreement.
16. Termination or Cancellation
EMC reserves the right in its sole discretion to refuse or terminate your access to the EMC Activities and Content, member portal, as well as private Facebook groups operated by EMC, in full or in part, at any time without notice. EMC may terminate your participation and access in the EMC Activities and Content at any time, without refund, if you breach any part of these TOU. In the event of cancellation or termination, you are no longer authorized to access the part of EMC Activities or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the EMC Activities and its Content will still apply now and in the future, even after termination by you or EMC.
In the event you would like to cancel your access and participation in the EMC Activities, no notice to EMC is required. The no-refund policy mentioned in paragraph 6 of these TOU will apply.
If you have opted to pay for EMC Activities via monthly payments, and you would like to cancel your access and participation in the EMC Activities, you must provide EMC with at least 10 days written notice (including e-mail) before your next recurring charge. Your access to the materials and Content of the EMC Activities will be immediately terminated upon your notice of cancellation. You will not be issued a refund for any payments made, nor for any remaining days or months of the EMC Activities after your cancellation.
In the event you decide to cancel, any remaining installment, default, or late payments will be due immediately.
17. Personal Responsibility, Assumption of Risk, Release, Disclaimers
You acknowledge that, by engaging with EMC for any EMC Activities, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in any EMC Activities, whether or not caused by the active or passive negligence of the Releasees.
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to EMC for the EMC Activities.
The EMC Activities and Content provide information and education only and do not provide any financial, legal, medical, or psychological services or advice. None of the EMC Activities or Content prevents, cures, or treats any mental or medical condition. The EMC Activities and Content are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental, and emotional well-being, decisions, choices, actions, and results. You should consult with a professional if you have specific questions about your own unique situation. EMC disclaims any liability for your reliance on any opinions or advice contained in the EMC Activities.
Earnings and Results Disclaimer. You agree that EMC has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the EMC Activities. EMC cannot and does not guarantee that you will achieve any particular result or earnings from your use of the EMC Activities, and you understand that results and earnings differ for each individual.
Any links to third-party products, services, or sites are subject to separate terms and conditions. EMC is not responsible for or liable for any content on or actions taken by such third-party company or website. Although EMC may recommend third-party sites, products, or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
EMC tries to ensure that the availability and delivery of the EMC Activities and Content is uninterrupted and error-free. However, EMC cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE EMC ACTIVITIES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EMC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EMC DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
EMC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE EMC ACTIVITIES, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE EMC ACTIVITIES.
Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and EMC which may be unlawfully intercepted by third parties not under our control. EMC does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with EMC are done at your own risk.
19. Legal Disputes
20. Users Outside Mexico
EMC controls and operates the EMC Activities from offices in Mexico. EMC does not represent that materials in the EMC Activities are appropriate or available for use in other locations. People who choose to access the EMC Activities from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to defend, indemnify, release, and hold harmless EMC and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but without limitation to attorney’s fees) arising from or in connection with: (i) your use of the EMC Activities or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to EMC website or any third-party forum or website operated by EMC, (iv) your use of materials or features available in the EMC Activities or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by EMC) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
You expressly agree that these TOU are intended to be as broad and inclusive as permitted by the law of the State of Nuevo Leon, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
22. Force Majeure
The Company will not be deemed to have breached these TOU for any delay or failure in performance caused by events out of its reasonable control, including acts of God or a public enemy; natural disasters or calamities; epidemic or pandemic; failure of a third party to perform; changes in the laws or regulations; actions or executive orders of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of the Company.
23. Entire Agreement, Severability, Modification, And Waiver
This agreement constitutes the entire agreement between you and EMC with respect to the EMC Activities, Content, and Website and supersedes all prior, contemporaneous written or oral communications between you and EMC regarding the EMC Activities, Content, and Website. If any part of the terms of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law, to reflect, as closely as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar or not, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
EMC may change, modify or update these TOU at any time. Any access or use of the EMC Activities or Content by you after EMC publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact email@example.com
By clicking on the box when signing up for the Program, you are providing the electronic equivalent of your signature and assert that you have read, understood, and agreed to this entire document. If you do not agree with these TOU, do not purchase or use the Program or Content
Updated on February 2, 2022