GO PRO MEDIA TERMS & CONDITIONS

Updated: December 5, 2024

These Terms and Conditions (these “Terms”), together with the terms stated in the online order form accepted by Network Marketing Pro, Inc. (“NMP,” “we,” or “us”) to which these Terms are linked, attached, or incorporated by reference (the “Order”) and any terms, conditions, policies, or document referenced in these Terms (collectively, the “Agreement”) constitute a binding agreement between NMP and the person named in the Order “you” or “your”) concerning the “Go Pro Media” related services (the “Services”) and any content (the “Content”) created in the delivery of those Services, in each case as referenced in the Order.

1. Binding Agreement. By submitting the Order or using the Services or Content you confirm, represent, and warrant that: (a) you have read and understand the Agreement and agree to bound by its terms and conditions; (b) you are 18 years of age or older or have legal capacity to enter into the Agreement; and (c) if you are submitting the Order on behalf of another person, you have authority to act on such other person’s behalf. 

2. Price and Payment.

• Fees. You will pay the price in accordance with the payment plan and terms set forth in Order.  All sales are in U.S. Dollars and will be converted to your country’s currency by your Payment Method provider.  Your Payment Method provider may impose fees or an unfavorable exchange rate associated with any conversion to U.S. Dollars.  Prices do not include, and you will pay, any sales, use, value added, or other tax applicable to the sale. NMP reserves the right to change or cancel pricing or promotions at any time without notice.

• Payment Method. You authorize NMP or its payment processor to charge your current, valid, accepted payment method (the “Payment Method”) for the price stated in the Order.  If you pay an initial charge, down payment, or partial payment for the Services or Content, you authorized NMP or its payment processor to charge the Payment Method for such additional charges at such times as stated in the Order until all amounts owed are paid in full.  You will comply with all applicable terms and conditions of your Payment Method provider.  You remain responsible for any uncollected amounts.  You may update your Payment Method by contacting NMP customer service.

• No Refunds. All sales are final.  Except as expressly stated in the Agreement, no payments will be refunded or are refundable.  Please note that you are still responsible for payment even if you do not use the Services or Content. 

• Remedies. Without limiting any other remedy available, if you fail to pay any amounts when due, (i) NMP may charge you an additional late fee on any amount past due multiplied by one and a half percent (1.5%) per month or at the highest amount permitted by applicable law, whichever is less, until paid in full, and (ii) NMP may suspend access to the Services or any part at its discretion.

3. Your Expenses and Obligations.

• Remote Access. You are solely responsible for all costs associated with accessing and using the Services and Content, including without limitation, internet access with sufficient capacity, computer equipment (including without limitation, webcam and microphone), and software (including without limitation, the video conferencing software platform designated by NMP).

• Third-Party Terms and Conditions. You may be required to agree to the terms and conditions of third parties to use the Services or Content.  If you fail to agree to such third-party terms and conditions, then your access to the Services or Content may be denied to the extent that such third-party terms and conditions are required.

4. Disclaimers and Obligations. The Services and Content are provided AS IS, AS AVAILABLE, and WITH ALL FAULTS, and NMP disclaims all representations or warranties, express or implied, including without limitation, regarding accuracy, completeness, timeliness, merchantability, fitness for a particular purposes, title, and non-infringement. 

5. LIMITATIONS OF LIABILITY. YOU AGREE THAT NMP IS NOT LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF PROFITS OR BUSINESS OPPORTUNITY, ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO THE AGREEMENT, THE SERVICES, THE CONTENT, NMP’S PERFORMANCE OR NON-PERFORMANCE, OR FOR ANY OTHER REASON, WHETHER IN AN ACTION OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), WHETHER OR NOT NMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, NMP’S MAXIMUM LIABILITY AND YOUR SOLE REMEDIES WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO NMP WITH RESPECT TO THE DIRECT CAUSE OF THE CLAIM.  YOU MUST PROMPTLY NOTIFY NMP IN WRITING OF ANY CLAIM ARISING OUT OF OR RELATED TO THE AGREEMENT, THE SERVICES, THE CONTENT, OR NMP’S PERFORMANCE OR NON-PERFORMANCE, BUT IN NO CASE MORE THAN 30 DAYS AFTER YOU KNEW OR SHOULD HAVE KNOWN OF THE CLAIM.  YOU MAY NOT MAINTAIN ANY SUCH CLAIM FOR WHICH TIMELY NOTICE HAS NOT BEEN MADE, BUT IN NO CASE MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.

6. The laws of some jurisdictions may prohibit the disclaimer of certain warranties or limitations on the remedies for their breach.  To the extent any such laws apply and may not be waived by you, the applicable disclaimers and limitations of liability in these Terms are modified to the extent necessary to comply with such laws.

7. Indemnification. You agree to indemnify and hold NMP, its affiliates, and their officers, directors, managers, employees, agents, and representatives (collectively, the “Indemnitees”) harmless for any injury, claim, damages, cost, or expense (including without limitation, attorneys’ fees) incurred by an Indemnitee arising out of or relating to (a) your use of the Services or Content, and (b) your breach of any provision of this Agreement.

 

8. Force Majeure. If NMP is unable to perform any obligation because of any event beyond its reasonable control and/or causes making it illegal, impossible, or commercially impractical, including without limitation, acts of God; strikes or labor disputes; failure of the internet, network, or communications providers; failure of platform providers; or governmental orders or restrictions, NMP will be relieved from its performance to the extent, and for the duration, that such performance is delayed or prevented by such event or cause.

9. Remedies. Without limiting any other remedies, if NMP seeks to enforce or choses to defend a claim arising out of or related to the Agreement, you will pay NMP’s costs and expenses arising therefrom or related thereto, including without limitation, attorneys’ fees, to the extent that NMP prevails in such enforcement or defense.

10. Disputes. Any dispute, claim, or controversy arising out of or relating to the Agreement, the Services, Content, including the determination of the scope or applicability of this provision, will be determined by arbitration in Las Vegas, Nevada under the commercial arbitration rules of the American Arbitration Association. Judgment on the award in the arbitration will be binding and may be entered in any court having jurisdiction.  This arbitration provision will not preclude NMP from seeking provisional equitable remedies from a court of appropriate jurisdiction, and to the extent necessary to determine whether to grant any such remedy, to decide the underlying claims upon which any such remedy is sought, and such action or suit will not be considered a violation of the provisions of this provision.  The fees and expenses of the arbitration and the arbitrator(s) will be borne equally by each party.  You acknowledge that you had the opportunity to consult with any attorney or other advisor of your choice about this arbitration provision. Subject to the foregoing, any dispute arising out of or related to the Agreement or Event must be brought exclusively in a court sitting in Las Vegas, Nevada, except that NMP may seek temporary equitable remedies or enforce the orders of any court in any court of competent jurisdiction.

11. General. The Agreement contains the complete agreement and understanding between you and NMP concerning its subject matter and supersedes all other agreements or understandings. Except as expressly provided otherwise in the Agreement, the Agreement may only be amended in a writing that is signed by NMP’s authorized representative. Any waiver by NMP of any obligation or remedy is not an ongoing waiver. Except as expressly permitted in the Agreement, you may not transfer, assign, or delegate any interest, right, or obligation under the Agreement. This Agreement is governed by Nevada law, excluding its rules on conflicts of law.

12. Account Obligation. You are responsible for any activity that occurs through your account for the Services and Content. You are responsible for updating and maintaining the accuracy of the information you provide to NMP relating to your account for the Services and Content. NMP may (but are not obligated to) terminate your account or place your account on hold in order to protect you, NMP, or NMP’s contractors from identity theft or other fraudulent activity. NMP is not obligated to credit or discount your account for holds placed on your account.

13. Changes to Terms. NMP may, from time to time, change these Terms applicable to the Services and Content. Such changes will be effective immediately. Your continued use of the Services or Content after the effect of any such change constitutes your agreement to the changed Terms.

 

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