Last Updated on February 15th, 2017
This Agreement sets forth the legally binding terms for your purchase of the Freedom Catalyst (FC) products and/or services indicated on this order form.
The Services. Your purchase may include different components, including ebooks, videos, audio tracks, CDs, DVDs, manuals, self-study programs, webinars, coaching, masterminding, training courses, live events, workshops, and/or other products and services, as indicated on your order form. You agree not to share login information, call-in numbers, passwords, and protected links with anyone.
Payment. Actual payment terms may vary, and will be indicated on your order form. You agree to pay the purchase price and not to cancel this transaction with your bank or credit card company. FC is not responsible for any overdraft charges, over limit charges, or NSF fees by your bank or credit card company. Fees for Services may be pre-paid. Missed payments may result in suspension or termination of Services. If after 30 days from a missed payment you have not made arrangements with FC to make up the payment, your Services will be cancelled and no fees will be refunded. FC does not guarantee any specific results from use of the Services. FC makes no representations or warranties as to specific outcomes or results. Unfortunately, FC cannot guarantee that you will become or remain happy, rich, healthy, or successful.
Refund Policy. All purchases (except software) are refundable within 3 days based upon return of all materials received in resalable condition less shipping and handling (if applicable). In the event that I request a refund, I will contact The Freedom Catalyst to receive a return authorization (“RA”) number. Once I am provided an RA number, I must return my material in resalable condition to the Freedom Catalyst, LLC within 7 business days via traceable means. We will not be responsible for any lost packages. Returns received without a RA number or that are delivered after 7 business days may result in a delay of the refund process. If live or online training or mentoring has been attended or program implementation has begun within the 3-day period, this refund policy becomes null and void.
Term. This Agreement will stay in force and effect until the end of the term indicated on your order form. Failure to pay required fees may result in FC terminating the Agreement prior to the end of the term, and discontinuing your access to FC Services. Your use of the FC members' website(s) or Services after your termination may extend the term of this Agreement and may cause you to incur additional fees.
Earnings Disclaimer. FC cannot and does not guarantee or promise any level of earnings. Your level of success in attaining results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name a few. Because these factors differ among clients, FC cannot and does not guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and your business. It should be clear to you that by law FC makes no guarantees that you or your clients will achieve any results from our ideas or models presented by FC, and FC offers no professional legal, medical, psychological or financial advice.
Events. If FC cancels a live on-site event, FC will give participants the option of having their money refunded or applying their payment to future events. If an event is cancelled because of circumstances outside FC’s control (force majeure such as natural disaster, facility shutdown, etc.), FC will offer a full refund. If a participant cannot attend an event they have paid for, FC will allow the participant to apply their payment to future events, but will not refund the money in cash.
Audio/Video Release. I authorize the FC to use my story as a testimonial and further agree to allow the use of my voice, photo, and likeness captured in any programs via photograph, audio or video, using any technology known or unknown, to be used for future products and/or marketing without compensation to me. I waive any right I may have to inspect and/or approve any photographs, audio, or video of myself. I understand and agree that all recordings are exclusive rights of FC and I do not ask for or expect compensation for the use of the recordings or photographs in which I appear or speak. FC owns all rights of any audio, video, and/or photographs captured during the performance of this agreement.
Relationship. Nothing contained in this Agreement shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other; (ii) deem the parties to be acting as partners, joint venturers, co-owners or otherwise as participants in a joint undertaking; or (iii) allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever.
Modification. FC may modify this Agreement from time to time and such modification shall be effective upon posting on the FC Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Assignment. You may not, without the prior written consent of FC, assign this Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so shall be a material default of this Agreement and shall be void. FC’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by FC.
Third Party Beneficiaries. This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.
Governing Law. This Agreement shall be interpreted according to the laws of the State of Utah without regard to or application of choice-of-law rules or principles.
Waiver. No failure of either party to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches.
Severability. In the event any provision of this Agreement is held by a court of other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they begin negotiations for a suitable replacement provision.
Force Majeure. If either party is prevented from performing any of its obligations under this Agreement due to any cause beyond the party's reasonable control, including, without limitation, an act of God, fire, flood, explosion, war, strike, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, vandals, or hackers (a "force majeure event") the time for that party's performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from the payment of any sums of money owed by you to FC and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.
Construction. This Agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting this Agreement in construing or interpreting the provisions hereof.
Remedies. Except as provided herein, the rights and remedies of FC are set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity.
Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the respective parties hereto, their respective successors-in-interest, legal representatives, heirs and assigns.
Damage Waiver. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY HEREUNDER FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR OTHER SIMILAR DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR EXEMPLARY OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TTN’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TTN FOR SERVICES.
Intellectual Property. The materials provided to you upon purchase are copyrighted and may not be reproduced in any form, or by any means, without the express written permission of FC. You may not reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post or use the content of the materials for public or commercial purposes without the express written permission of FC. The trademarks, logos and service marks (collectively the "Trademarks") displayed on the materials are registered and unregistered Trademarks of FC and other third parties that have authorized the use of such Trademarks. Nothing contained in the materials or on the FC website(s) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of FC or the appropriate third party. Your use of the Trademarks displayed on the materials, or any other content on the website, except as provided in these terms and conditions, is strictly prohibited.
Opt In. Providing the information on the other side of this form gives FC permission to communicate with me by fax, email or phone to relay special offers, announcements and information.
Disputes. If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of Utah USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Utah, county of Utah. Either FC or you may demand that any dispute between you and FC about or involving the Services must be settled by binding arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Utah County, Utah, USA. The foregoing shall not prevent FC from seeking injunctive relief in a court of competent jurisdiction.
Indemnity. You agree to indemnify and hold FC, its subsidiaries and affiliates, and their officers, agents, attorneys and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by you or any third party due to or arising out of: this Agreement, your use of the Services, a breach of this Agreement, any breach of your representations and warranties set forth above, and/or if any content that you post using the Services causes FC to be liable to another.
Voidability. Your failure to use the Services after purchase does not void any part of this agreement.
Entire Agreement. This Agreement represents the entire understanding relating to the Services and prevails over any prior or contemporaneous, conflicting or additional communications. In order to participate in certain Services, you may be notified that you may be required to agree to additional terms and conditions. You may receive a copy of this Agreement or ask any questions by emailing [email protected]
By moving forward with your purchase, you signify your agreement to comply with all of the above.