NETWORK MARKETING PRO PRODUCT TERMS & CONDITIONS
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 service to access pre-recorded content (the “Content”), in each case as referenced in the Order.
1. Binding Agreement. By submitting the Order or accessing the 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. General Terms.
2.1. Price and Payment.
(a) 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.
(b) 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 Content services, 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.
(c) 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 if you do not timely cancel as permitted by these Terms or even if you do not access the Content services.
(d) 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 Content services or any part at its discretion.
2.2. Your Expenses and Obligations.
(a) Remote Access. You are solely responsible for all costs associated with accessing the Content services, 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).
(b) Third-Party Terms and Conditions. You may be required to agree to the terms and conditions of third parties to access the Content services, which may include terms and conditions of video conferencing software platform. If you fail to agree to such third-party terms and conditions, then your access to the Content service may be denied to the extent that such third-party terms and conditions are required.
2.3. Disclaimers and Obligations. The Content services 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. Without limiting the foregoing, you agree:
(a) No Assurance of Success. The Content may include presentations about income growth opportunities. You understand that there can be no assurance that any prior successes by other individuals, or past results in income earnings, can be used as an indication of your future success or results. You acknowledge monetary and income results are based on many factors. NMP disclaims any representations or warranties, express or implied, that you will get rich, that you will do as well, or that you will make any money at all, especially if you do not do the work required or you ignore or fail to follow advice presented to you. The products and services of NMP and others included or referenced in the Content may have unknown risks involved and are not suitable for everyone. Making decisions based on any information presented in products, services, or web site used or referenced in the Content should be done only with the knowledge that you could make no money at all. All products and services by NMP or others included or referenced in the Content are for educational and informational purposes only.
(b) Due Diligence. You are solely responsible for doing your own due diligence when it comes to making business and financial decisions and all information, products, and services that have been provided by NMP or at or referenced in the Content should be independently verified by your own qualified professionals including checking with your accountant, lawyer, or professional advisor, before acting on this or any information.
(c) Responsibility for Own Actions. NMP’s information, products, and services should be carefully considered and evaluated, before reaching a business decision, on whether to take any action (or refrain from acting). You agree that NMP is not responsible for the success or failure of your business decisions relating to NMP’s products or services or any information presented in the Content or elsewhere by NMP or others.
2.4. 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 Content, Content services, 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 Content, Content services, 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.
2.5. Exclusions. 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.
2.6. 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.
2.7. 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.
2.8. Disputes. Any dispute, claim, or controversy arising out of or relating to the Agreement, the Content, Content services, 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.
2.9. 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.
3. Go Pro Academy/Monthly Live Group Coaching/The Path to Six Figures Specific Terms.
3.1. Billing and Payment.
(a) Automatic Billing. If you purchase a subscription to the Content service, your Content service subscription will continue and automatically renew until terminated or cancelled. You must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method.
(b) Billing Cycle. The subscription fee for the Content service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the Order (for example, monthly or yearly). In some situations, your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription, or if your paid subscription began on a day not contained in a given month. We may authorize your Payment Method in anticipation of authorized charges through various methods, including authorizing it up to approximately one billing period as soon as you register.
(c) Changes to the Price and Subscription. NMP reserves the right to change our subscription plans or adjust pricing for the Content service or any components thereof in any manner as NMP determines in its sole discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect on the next billing cycle following notice to you.
(d) No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used subscription periods. Following any cancellation, however, you will continue to have access to the Content service through the end of your current billing period.
3.2. Cancellation. You can cancel your Content subscription at any time, and you will continue to have access to the Content service through the end of your billing period. To cancel, send an email to NMP’s customer support using the email address on the NMP website of your desire to cancel your Content subscription. You may be required to provide information necessary to identify you and your account. If you cancel your subscription, your account will automatically close at the end of your current billing period. Cancellations received after the start of the current billing period are not effective until the end of the current billing period.
(a) Limited Use. The Content service and the Content viewed through the Content service may only be accessed by you on a supported device. The Content and Content service are for your personal and non-commercial use only and may not be shared with any other person, except as expressly permitted in the Agreement. During your Content subscription, we grant you a limited, non-exclusive, non-transferable right to access the Content service and view the Content through the Content service. Except for the foregoing, no right, title or interest is provided to you. You agree not to use the service for public performances. You agree to use the Content service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules, and regulations, or other restrictions on use of the Content service or Content therein.
(b) Geographic Limitations. You may view the Content only in geographic locations where NMP offers the Content service and have licensed the Content. The available Content may vary by geographic location and may change from time to time.
(c) Changes. The Content service, including the library of available Content and portions of information and materials for any particular piece of Content, is regularly updated and may be altered or removed at any time without notice. In addition, NMP continually tests various aspects of the Content service, including but not limited to the NMP website, user interfaces, and availability of particular Content.
(d) No Circumvention. Except as expressly permitted through the Content service, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use Content and information contained on or obtained from or through the Content service. You also agree not to circumvent, remove, alter, deactivate, degrade, or thwart any of the Content protections in the Content service; use any robot, spider, scraper, or other automated means to access the Content service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Content service; insert any code or product or manipulate the Content in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail, or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Content service, including any software viruses or any other computer code, files, or programs. We may terminate or restrict your use of the Content service if you violate these Terms or are engaged in illegal or fraudulent use of the Content service.
(e) Display Quality. The quality of the display of the Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are solely responsible at your cost for adequate Internet access. NMP makes no representations or warranties about the quality of your display of the Content.
3.4. Account Obligation. You are responsible for any activity that occurs through your account for the Content services. You are responsible for updating and maintaining the accuracy of the information you provide to NMP relating to your account for the Content services. 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 subscription for holds placed on your account.
3.5. Limited Time Refund or Credit. If you are not satisfied with the Content, you may request a refund or credit within 30 days of the date on the Order by sending an email to NMP’s customer service using the email address on the NMP website. You may be required to provide information necessary to identify you and your account. NMP will credit or refund any amount paid prior to receipt of a timely request and immediately cancel your Content subscription. Any credit must be used within 12 months of issuance or is forfeited.
3.6. Changes to Terms. NMP may, from time to time, change these Terms applicable to the Content services. Such changes will be effective immediately, but if you have an ongoing subscription to the Content services, such changes will be effective at the start of the next billing cycle after posting, unless otherwise stated. Your continued subscription or use of the Content services after the effect of any such change constitutes your agreement to the changed Terms.
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