This Acceptance of Terms and Conditions (the “Agreement”) and the applicable registration or order form (the “Registration Form”) for participation in the Invisible Side of Success event and its related courses, materials, websites and associated programs (collectively referred to as the “Program”) sets forth the terms of the relationship between the Proctor Gallagher Institute, LP and affiliates (“PGI”), with offices located at 8776 East Shea Boulevard, Suite 106-621, Scottsdale, Arizona 85260, USA, and you as the purchaser or consumer (“you”) as it relates to the Program. You and PGI may be referred to in this Agreement collectively as the “Parties” or individually as a “Party.” You expressly agree to the terms of this Agreement by participating in the Program.
1. Term of Agreement. The term of this Agreement shall begin upon PGI’s acceptance of your enrollment in the Program (the “Effective Date”) and shall end upon completion of the Program for which PGI has accepted your enrollment or upon termination by either Party. Either you or PGI may terminate this Agreement at any time, with or without cause, by giving the other Party written notice of termination. Termination will not, however, release either Party from any obligations that arose prior to the date of termination.
2. Program Participation Fee. You shall pay PGI an amount specified by the company upon enrollment in the Program (the “Program Participation Fee”). The Program Participation Fee must be paid for in full before any products, services or other benefits of the Program will be provided to you, including the sending of materials or starter kits, attendance at in-person events, and/or scheduling or holding coaching sessions. PGI, in its sole and absolute discretion, may elect to allow you to pay the Program Participation Fee in installments. Should PGI elect to allow you to pay the Program Participation Fee in designated installments, any deviation in the payment terms will result in all Program products and services being suspended until payment is made. Any deviation in payment terms may, at PGI’s sole and absolute discretion, result in an immediate acceleration of all sums due and owing by you for the Program Participation Fee. Suspension of Program products and services, however, does not release you from the obligation to make all payments owed to PGI for the Program Participation Fee or other fees associated with your enrollment in the Program or the receipt of any products or services.
3. Program Description. The Program consists of an intensive interactive seminar conducted in-person by Bob Proctor and Mary Morrissey over the course of three days. The Program sessions are specifically designed towards providing participants with the knowledge, understanding and skills necessary for achieving remarkable personal, professional and financial growth through Bob Proctor’s and Mary Morrissey’s personal insight and guidance developed from their own study over the past several decades.
4. Program Participation at Your Own Risk. You acknowledge and agree that you are not guaranteed to achieve any specific personal, professional or financial results or earn any specific amount of income by participating in the Program. PGI makes no promises, representations or warranties concerning the viability of any goals, aspirations or endeavors you may identify or choose to pursue during or as a result of your participation in the Program. You agree to participate in the Program at your own risk. Program information, services and products are used at your own risk. You are solely responsible for any decisions and actions that result from your use of such information, products and services. PGI does not provide psychological, investment or financial advice. In addition, you are solely responsible for taking all actions necessary to ensure your medical safety, which shall include, but not be limited to, advising PGI (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) of any allergies or other conditions that may require special attention or accommodations be provided.
5. Mandatory Attendance Requirement. Due to its unique and interactive nature, in-person attendance at all sessions is mandatory to participate in the Program. If you cannot attend each session of the Program during its three (3) day duration, PGI may, in its sole and absolute discretion, terminate your continued participation. You are prohibited from transferring to another scheduled Program. You also may not seek to make-up any session or sessions missed during the Program through attendance at a subsequently conducted Program.
6. Refund Policy. You may receive a refund of the Program Participation Fee up to 21-days in advance of the Program commencement date. Thereafter, the Program Participation Fee and all other associated fees, if any, shall be nonrefundable, but you may transfer your right to attend the Program to another individual. No refunds will be issued after attendance at, or following the scheduled completion of, the Program for which you have registered.
7. Accommodation. You are responsible for paying for your own transportation, parking, accommodation and meals associated with attending the Program.
8. Ownership Rights and Proprietary Information. PGI and its affiliated entities own all right, title and interest (including all intellectual property rights throughout the world) relating to any and all works of authorship, designs, know-how, ideas, course materials, products, services and information made by PGI (or its affiliated entities) or conceived or reduced to practice, in whole or in part, by PGI (or its affiliated entities) in connection with the Program or any Proprietary Information (as defined below). You agree that all materials provided by PGI as part of the Program, which are confidential and proprietary in nature, will constitute PGI’s “Proprietary Information.” You will hold in confidence and not disclose or copy any Proprietary Information, except with the prior written consent of PGI.
9. Intellectual Property. You recognize and acknowledge that the trademarks, service marks, trade names, logos, patents and copyrighted materials (the “PGI Intellectual Property”) associated with the Program and their associated websites are proprietary to PGI and its affiliated entities. You will not take any action that would interfere with or infringe upon the PGI Intellectual Property, including, but not limited to: (i) duplication or creation of works (including any derivative works) that are the same or substantially similar to the PGI Intellectual Property; (ii) registration, creation or use of trademarks, service marks or domain names that are the same or substantially similar to the PGI Intellectual Property; (iii) use, manufacture, import, or sales of any product or service that infringes upon the PGI Intellectual Property; (iv) use of any PGI Intellectual Property in any social media website, newsgroup, page, association, broadcast or other designation without the express written consent of PGI and (v) any action that would pass off or create the appearance of an association with or endorsement by PGI.
10. Consent to Use Likeness. By participating in the Program, you expressly grant PGI consent to capture, record, replicate, reproduce, publish and otherwise disseminate your name and likeliness in any and all promotional, educational or other means derived from the Program sessions or any portion of the Program.
11. Modification. PGI may modify or amend any of the terms and conditions contained in this Agreement, at any time and in PGI’s sole discretion, by posting a change notice or a new version of the Agreement on the applicable Program website or by otherwise advising you of the amendment/modification. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in a Program following the posting of a change notice or a new version of the Agreement on the applicable Program website or following notice of the modification/amendment will constitute your binding acceptance of the new terms and conditions.
12. Indemnification. You will indemnify, hold harmless and defend PGI (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) from and against any and all claims, expenses, costs, causes of action and damages (including those for personal injury, property damage and reasonable attorney’s fees) resulting from or arising out of your actions, your participation in the Program or your violation of this Agreement or applicable law.
13. Assignment. You may not assign this Agreement (or any obligations under this Agreement), by operation of law or otherwise, without PGI’s prior written consent.
14. Limitation of Liability. PGI (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) shall not be liable for any indirect, incidental, special or consequential damages of any nature (including but not limited to claims for personal injury, property damage, losses of revenue, profits, use or data) arising in connection with this Agreement or your participation in the Program, even if PGI or its affiliated entities knew or should have known of the possibility of such damages. Further, PGI’s aggregate liability arising with respect to this Agreement and the applicable Program will not exceed the total amounts paid or payable by you under the Program.
15. Governing Law; Class Action Waiver. This Agreement will be governed by, and construed in accordance with, the laws of the State of Nevada, without reference to rules governing choice of laws. You irrevocably and unconditionally waive, to the fullest extent permitted by law, any right you may have to participate as a representative or member of any class of claimants in any class action against PGI, or any of its affiliated entities, now or hereafter pending relating to transactions evidenced by this Agreement or similar transactions.
16. Arbitration. Any dispute or claim arising out of or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), will be exclusively (except as provided below) resolved by binding arbitration before the American Arbitration Association (AAA). One arbitrator will be selected using AAA procedures. The arbitrator will use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator will also render a written decision setting forth detailed findings of fact and conclusions of law, within 30 calendar days after the conclusion of the arbitration hearing. The arbitrator will not award attorney’s fees, or punitive, indirect, incidental, special, consequential, treble or other multiple or exemplary damages, and the Parties hereby agree to waive and not seek such damages. Either Party may seek judicial relief to compel the other Party to comply with the provisions of this Section, or seek injunctive or other equitable relief to protect its intellectual property rights, as long as (unless prohibited by applicable law) the remainder of the dispute or claim is submitted to arbitration. The arbitration will be held in Las Vegas, Nevada. Both Parties hereby give their irrevocable consent to the processes of the AAA in Nevada, as well as the jurisdiction of the courts of Clark County, Nevada for enforcement purposes. Awards will be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign, having jurisdiction over the Party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.
17. Legal Age. By entering into this Agreement, you represent and acknowledge that you are of legal age in the state of your residency.
18. Relationship of Parties. You agree that by participating in the Program you are acting as an independent contractor, and you are responsible for determining your own business activities. Nothing in this Agreement will create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties.
19. Miscellaneous. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. PGI’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of PGI’s right to subsequently enforce such provision or any other provision of this Agreement. This Agreement, along with the Registration Form for the Program, constitutes the entire understanding of the Parties with respect to the subject matter of this Agreement, and revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties and is intended as a final expression of their agreement.