Acceptance of Terms and Conditions for Participation in Bob Proctor’s Blueprint: Your Foundation for Success  Â
This Acceptance of Terms and Conditions (the “Agreement”) and the applicable registration or order form (the “Registration Form”) for participation in the Bob Proctor’s Blueprint: Your Foundation for Success subscription series of guided study lessons, Your attendance in the weekly Ask & Align question and answer calls, Your participation in the Private Community, and all related resources, materials, websites and associated services (collectively referred to as the “Subscription”) sets forth the terms of the relationship between Bob Proctor Legacy Inc. (“BPL” “We”, “Us”, “Our”), and You as the purchaser or consumer (“You”, “Your”) as it relates to the Subscription. You and BPL 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 Subscription.
- Term of Agreement. The term of this Agreement shall be from the time BPL accepts Your enrolment in the Subscription (the “Effective Date”) until the completion of the Subscription or, alternatively, upon termination by either Party. Either Party may terminate this Agreement at any time 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 written notice of termination was given.
- The Subscription. Upon completion of the Subscription payment terms, You will retain access to the Subscription content deliverable up to its completion. Failure to complete the Subscription payment terms will result in Your forfeiture of all Subscription material. The Subscription payment terms consist of twelve-monthly payments or one annual payment. The Subscription content is deliverable on a predetermined schedule over the twelve-month term designed to facilitate effective study and application. The Subscription content will not be provided on a full access basis ahead of the schedule. Delivered content will remain available for Your review after it has been provided. The schedule of study commences following Your registration into the Subscription and creation of Your account.
- Subscription Participation Payments. You agree to pay BPL a monthly Subscription payment or annual Subscription payment for participation in the Subscription. By paying BPL the first monthly fee or the annual payment, You are agreeing to the terms and conditions set forth in this Agreement. You further agree to pay BPL the remaining eleven-monthly payments for continued participation in the Subscription and authorize the remaining eleven recuring payments. Access to the Subscription shall not commence until after Your first monthly payment or annual payment is received by BPL. If You fail to make any preauthorized recurring payment(s) to BPL, We may suspend Your access to the Subscription until the failed payment and any processing fees attributed to the failed payment are received. All outstanding and/or delinquent monthly payments must be brought current for You to resume participating in the Bob Proctor’s Blueprint: Your Foundation for Success subscription series of guided study lessons.
- Refunds. We provide a 14-day risk free guarantee. If You are not satisfied with the quality and standard of the Subscription within 14-days of Your Effective Date, We will provide a complete refund less any applicable merchant processing fees upon written request. You acknowledge that Termination of Your participation in the Subscription after the first 14-days will result in Your forfeiture of access to all Subscription content and all funds paid by You are deemed earned by BPL upon receipt.Â
- Subscription Materials. BPL will provide You with participation in the Subscription through a Private Members Portal. The Subscription is available for Your exclusive use, and You agree that no component of the Subscription shall be made available to the general public or any third party for sale, distribution, download, replication, copying, file sharing or otherwise. Duplication and translation of any component of the Subscription for any method of distribution whatsoever is strictly prohibited. BPL may update the Subscription and its related materials from time to time. BPL is under no obligation to make, provide updates to, or to supply You with materials related to any updated or modified version or the obligation to make, provide updates to, or to supply You with materials related to any updated or modified version of the Subscription outside of that which will be available through Your Private Members Portal.
- Credit Card on File Requirement. To participate in the Subscription by monthly payments, You must permit BPL or its authorized third-party merchant service provider to retain Your valid credit card on file for processing of Your authorized recurring monthly payments as detailed in Paragraph 3 of this Agreement. The credit card on file with BPL or its authorized third-party merchant service provider will be used to process Your monthly Subscription payments. BPL may require You to complete a credit card authorization form in addition to You accepting the terms of this Agreement. By maintaining a credit card on file with BPL, You represent and warrant that You are the authorized cardholder, You agree to the terms contained in this Agreement, You agree to pay, and specifically authorize BPL to charge the credit card on file for any required Subscription payment. Moreover, You further agree that in the event the credit card on file becomes invalid, You will provide BPL or its authorized third-party merchant service provider with a new valid credit card that may be used to process payment for any outstanding balances owed for Your Subscription.
- Subscription Participation at Your Own Risk. BPL does not guarantee that You will achieve any specific personal, professional or financial results by Your participation in the Subscription. BPL also does not guarantee You will earn any specific amount of income as a result of Your participation in the Subscription. BPL 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 Subscription. You agree to participate in the Subscription at Your own risk. Subscription information, content and materials are used at Your own risk. You are solely responsible for any decisions and actions that result from Your participation in the Subscription and the use of Subsription related information, content and material. BPL does not, and will not, provide You with any psychological, investment or financial advice in connection with Your participation in the Subscription or otherwise.
- Ownership Rights and Proprietary Information. BPL and its affiliated entities own all right, title and interest (including all intellectual property rights throughout the world) to any and all materials, content, services and information related to the Subscription. Moreover, BPL is the owner of “Bob Proctor’s Blueprint: Your Foundation for Success.” You agree that You will not make any Subscription materials available to the general public or any third party for sale, distribution, download, replication, translation, copying, file sharing or otherwise unless permitted by this Agreement or authorized in writing by BPL. You further agree that You will not translate any Subscription materials into any language without BPL’s express written consent. Any violation of this Paragraph 8 may result in revocation of Your Subscription, legal action or both by BPL. You acknowledge that You will be held liable for any damages that result from Your violation of this Paragraph 8.
- Intellectual Property. All trademarks, service marks, trade names, logos, patents and copyrighted materials associated with the Subscription or contained in the Subscription content are the property of BPL and/or its affiliated entities. You agree not to infringe upon the BPL Intellectual Property by, among other things, the following: (1) duplicating or creating material (including any derivative works) that is the same or substantially similar to the BPL Intellectual Property; (2) registering, creating or using trademarks, service marks or domain names that are the same or substantially similar to the BPL Intellectual Property; (3) using, manufacturing, or selling any product or service that infringes upon the BPL Intellectual Property; and (4) taking any action that implies or appears to be an endorsement, partnership, or association with BPL to which it has not expressly consented. Any violation of this Paragraph 9 may result in revocation of Your Subscription, legal action or both.
- Modification. BPL may modify or amend any of the terms and conditions contained in this Agreement, at any time and by posting a change notice or a new version of the Agreement on the applicable Subscription website or by otherwise advising You of the amendment/modification. If any such amendment/modification is unacceptable to You, Your only recourse is to terminate this Agreement. Your continued participation in the Subscription following the posting of a change notice or a new version of this Agreement on the applicable Subscription website or following notice of the modification/amendment will constitute Your binding acceptance of the new terms and conditions.
- Indemnification. You will indemnify, hold harmless and defend BPL (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) 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 Your negligence howsoever caused relating or attributed to Your participation in the Subscription or for violation of this Agreement.
- Assignment. You may not assign this Agreement or any obligations under this Agreement without BPL’s prior written consent.
- Limitation of Liability. BPL (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, loss of revenue, profits, legal jeopardy) related to Your participation in the Subscription. Under no circumstances shall BPL’s liability, if any, exceed the Subscription payments received by BPL.
- Governing Law; Class Action Waiver. This Agreement will be governed by, and construed in accordance with, the laws of the Province of Ontario, Canada, 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 lawsuit against BPL, or any of its affiliated entities, that relates to Your participation in the Subscription.
- Arbitration. Any dispute or claim arising out of or related to this Agreement, it’s performance, breach, or interpretation (including issues about its validity or enforceability), shall be resolved by binding arbitration before the Canadian Arbitration Association with the appointment of a single arbitrator.
- Legal Age. You represent that You are of legal age to enter into this Agreement.
- Conduct. BPL expects You to conduct Yourself with the highest ethics and integrity when participating in the Subscription’s Private Community. You agree at all times to treat other participants with respect free from abuse, harassment, discrimination, offensive or obscene behavior. The Private Community is designed for support, encouragement, and the sharing of thoughts and ideas. The Private Community is not intended for solicitation of any kind other than to seek help and guidance in support of Your study. In this regard, BPL encourages You to promptly and completely disclose any and all information that You feel may violate this provision so that We can fully evaluate the circumstances presented. Any violation of this Paragraph 17 may result in the revocation of Your access to the Private Community without financial compensation for the reduction in Subscription service, or the immediate Termination of Your Subscription at BPL’s sole discretion.
- Relationship of Parties. Nothing in this Agreement or through Your participation in the Subscription shall create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between You and BPL.
- Miscellaneous. This Agreement, together with any invoices or receipts provided by BPL, constitutes the entire understanding of the Parties with respect to Your participation in the Subscription. This Agreement, together with any invoices or receipts provide by BPL, revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties regarding Your participation in the Subscription.
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