WEBSITE RULES & REGULATIONS USER AGREEMENT
ACCEPTANCE OF TERMS THROUGH USE
By using this site, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement, please do not use this site. Please check this Agreement periodically for changes as the owner of this site, Invisible Truth, Inc. (“Company”) reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. The Company reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensors and advertisers as well.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should email the Company with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, if you are easily offended, or are accessing this site from any country where material on this site is prohibited or illegal, please leave now as you do not have permission to access this site.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, the Company hereby grants you a non-exclusive, non-transferable, limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of the Company and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors.
LICENSE RESTRICTIONS
Use
Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
Security
You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party. You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors. International Users accessing this site, and services, products or contents available on this site, except as expressly allowed through instructions and truthful statements by the User in regard to use of this site, from places outside the U.S. or where their contents are illegal, is prohibited.
Those who choose to access this site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws. None of the information on this site may be downloaded, exported or reexported into Iran, Iraq, Syria, Libya, Sudan, Cuba, North Korea, Yugoslav Republic (Serbia and Montenegro), Rwanda, Nigeria or any other country with restrictions imposed by the U.S. Government. By using this site, you agree that you are not a citizen of or a resident in any of these countries.
Export
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
Government Use
If you are a branch or agency of the U.S. Government, the following provision applies. This site, code, contents, services and accompanying documentation are comprised of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights are reserved under the copyright laws of the United States.
USER’S LICENSE GRANT TO SITE
Except with regard to personal information, all information which you post on this site or communicate to the Company through this site (collectively “Submissions”) shall forever be the property of the Company. You agree to the Site Submission Rules found below as part of this Agreement if provided on the site by the Company. The Company shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without limitation, the Company shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
TRADEMARKS
THIRD PARTY SITES
You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites’ Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of the Company, are not monitored or reviewed by the Company, and the Company is not aware of the contents of such sites. You acknowledge that the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by the Company, its advertisers or licensors, or any association with its operators, and is provided solely for your convenience. You agree that the Company and its licensors have no liability whatsoever from such third party sites and your usage of them.
PRIVACY
The Company’s Privacy Statement is incorporated into and is a part of this Agreement.
DISCLAIMERS
We fully reserve all rights in regards to the nature, terms, and any other detail of any program, service, offering or product offered by Invisible Truth and its related companies. We reserve the right to change our programs, without notice, as well any service or product offered. The name Invisible Truth is a registered trademark of Invisible Truth, Inc.. Invisible Truth is not a federal or state licensed or accredited educational institution.
All of the information on this site and in our programs is based on the opinion of the writers who contribute to the site and the training materials. Most of these individuals are professional business and/or personal coaches. They are not attorneys, accountants, financial advisors, therapists, physicians, or nutritionists, and unless otherwise stated, they are not licensed by any federal, state, or local bureaucracy. Use this information at your own risk and use your common sense. Use of this site and our training programs is not a substitute for professional legal, financial or medical advice. If you feel that you need specific advise in a particular area, you are encouraged to seek personal, professional counsel.
Invisible Truth, Inc. is a training company, not a health care provider, advisor or consultant. Invisible Truth, Inc.’s programs may not be construed as a recommendation of medical treatment, medication or advice, nor is any such claim made. Individuals and/or Companies trained by Invisible Truth, Inc. may not make medical diagnosis, claims or substitute for a physician’s care. The Company, its advertisers and licensors make no representations or warranties about this site, the suitability of the information contained on or received through use of this site, or any services or products received through this site. All information and use of this site are provided “as is” without warranty of any kind. The Company, advertisers and/or its licensors hereby disclaim all warranties with regard to this site, the information contained on or received through use of this site and any services or products received through this site, including all expressed, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Company, advertisers and/or its licensors do not warrant the contents or any information received through this site are accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the contents or any information received through this site is free of viruses or other harmful components.
Your use of this site is solely at your risk. User agrees that it has relied on no warranties, representations or statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction. Limitation of liability, under no circumstances shall the Company, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from, or arise out of the use of, or inability to use, this site, the information contained on or received through use of this site, or any services or products received through this site.
This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company, advertisers and/or its licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the Company, advertisers, and/or its respective licensors’ liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. The Company reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
ILLEGAL COMPLIANCE
Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Company may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Company from its offices within the State of Washington, U.S.A.. It can be access from all 50 states as well as from other countries around the world to the extent permitted by the site.
As each of these places has laws that may differ from Washington, by accessing this site, both you and the Company agree that the statues and laws of Washington shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Washington and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
CLAIMS OR REPRESENTATIONS
Every effort has been made to accurately represent our products and services and their potential. Even though this industry is one of the few where one can write their own check in terms of earnings, there is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our products, services, ideas and techniques. We do not purport this as a “get rich scheme.” Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level, nor are we responsible for any of your actions.
Materials in our products and/or website may contain information that includes or is based upon forward-looking statements within the meaning of the Securities Litigation Reform Act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
Any and all forward-looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours, or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
DISCLAIMER
This course, book, materials, and website, and all materials container herein, are for informational and instructional purposes only. Please consider these as our opinion. This is based on our – the author and Invisible Truth Research team – theories, and interpretations of a variety of public sources including the Bible, Vedic writings, and different philosophers. We do not guarantee results, but we do believe that opinions, theories, and interpretations, are worthy of your considered opinion. However, we are not responsible for any claim, or cause of action arising out of your disappointment with these materials or their application by you to your particular situation or circumstance. Do your own research before you buy. Our lawyers tell us unmarked hazards exist in life and we wish to remind you of that portion of the human condition before you embark on this learning experience by purchasing this product.
Affiliate Program Terms & Conditions
Before submitting your Affiliate Application, please read the Terms & Conditions shown below.
This Agreement contains the complete terms and conditions that apply to an individual’s or entity’s participation in the Invisible Truth Alliance Affiliate Program (the “Program”). As used in this Agreement, “we,” “us,” or “ours” means the Invisible Truth Alliance, and “you,” “your,” or “yours” means the participating individual or entity. “Site” means a WorldWide Web site and, depending on the context, refers either to the Invisible Truth Alliance site, located at the URL www.InvisibleTruth.com or to each site that you will link to our site (each of which you will identify in your Program application). Your failure to comply with any provision of this Agreement shall be grounds for the Invisible Truth Alliance to terminate this Agreement immediately and for your forfeiture of any commissions.
In consideration of the covenants and agreements herein, the sufficiency of which is acknowledged, the parties hereby agree as follows:
1. Enrollment
If accepted as a participant in the Program, you will be granted (subject to the terms and conditions of this Agreement) the non-exclusive right to earn commissions on sales generated by the Invisible Truth Alliance from customers voluntarily referred to our site from your site by means of an Internet hypertext transfer link placed on your site, included in an e-newsletter, or included in an email sent to opt-in subscribers. To become a participant in the Program, you will first have to submit an Affiliate Program Application via our site. We will evaluate your application and notify you by email whether your Affiliate Program Application has been accepted or rejected. We may reject your application if we determine, in our sole discretion, that your site or business is not suitable for the Program for any reason.
2. Links
* Setting Up Links: During the term of this Agreement, we will make available to you by email, on a non-exclusive basis, hypertext transfer “button” or text links to a specified page on our site (“Links”). Such Links may contain a particular Invisible Truth Alliance logo, words identifying the Invisible Truth Alliance, and/or text. You may use the available images and Links provided by the Invisible Truth Alliance, in the promotion of our products, but you may not generate new graphics or images using Invisible Truth Alliance name or logo without obtaining prior permission from the Invisible Truth Alliance
* Using Links: You may display the Links on your site, provided you abide by the terms and conditions of this Agreement. In using the Links, you agree to cooperate fully with us in order to establish and maintain such Links. All Affiliate sites shall display such Links on relevant portions of the sites. You shall use only those Links that we provide to you, or those approved in writing by us. You shall comply with all guidelines provided by us with respect to the graphic reproduction, appearance, and “look and feel” of the Links, and all references to us.
* Pay-per-click/Pay-per-impression: You shall not include your affiliate Links as part of a pay-per-click or pay-per-impression advertising campaign. You may, however, include links to your own website in a pay-per-click or pay-per-impression campaign and place your affiliate Links on the destination webpage on your site.
* No Spam or Forced Linking: You shall not send unsolicited email (“spam”) with a Link, our URL, or any other reference to the Invisible Truth Alliance or its products or services referenced in the email. You also shall not force visitors to our site via any mechanism which acts as an automatic transport, such as “meta refresh” or “forced exit” scripts. This Agreement shall terminate immediately and automatically if you direct traffic to our site through the use of spam or any automatic transport mechanism or otherwise use a Link in an unauthorized fashion, and in such case all commissions earned shall be immediately and automatically forfeited.
3. Customer Inquiries, Support Requests, and Testimonials:
You agree to refer immediately to us any customer inquiries, support requests, or testimonials concerning the Invisible Truth Alliance, its products or services, via the contact form on our website.
4. Order Processing
We will be responsible for processing all orders placed by customers who follow the Links from your site to our site. All aspects of order processing and fulfillment, including order entry, customer service, shipping, cancellations, returns and payment processing will be our sole responsibility.
5. Order Tracking
We will track the amount of purchases made by customers who follow the Link from your site to our site. We will make this information available to you through the Affiliate Account section of our site. To permit accurate tracking, reporting, and commissions, please be sure the Links between your site and our site are properly formatted.
6. Commissions
* Calculation: We will pay you a commission equal to ten percent (10%) of Net Sales for all purchases made by customers, after the customer followed a Link to our site from your site, for which we have received full payment. (As your number of sales per month increases, your minimum commission amount will increase. Please refer to the affiliate chart for commission details.)
Net Sales shall include those amounts received by us for the sale of products or services, less amounts collected by us for sales taxes, duties, shipping, handling, returns, credit card fraud, and similar charges. A commission will only be paid if the visitor to our site is tracked by our system, so it is important to use the Links provided to you in order to ensure proper tracking of each sale.
* Earning Commissions: For a sale to generate a commission, the customer must: (a) follow a Link from your site (or e-newsletter or email) to our site; (b) purchase a product using our online ordering system after first following the Link to our site; and (c) remit full payment to us. You shall have no claims to commission or compensation on business secured by or through other persons or entities. Commissions may be earned only on your referrals of customers other than yourself.
* Payment: We will pay your commission on a monthly basis for any month in which commissions total $50.00 USD or more, or at the end of the month after your commission total reaches or exceeds $50.00 USD. If your commission total has not reached or exceeded $50.00 USD, the total will be held in your affiliate account and paid out when the balance reaches or exceeds $50.00 USD. On the last day of each month, we will send you a check for the commission earned on products or services sold and paid for during the previous month. (For example, checks sent February 28th include commissions for orders placed in January; checks sent March 31st include commissions for orders placed in February, etc.) All payments shall be made in U.S. dollars. The Invisible Truth Alliance shall not be responsible for exchange rate fluctuations or currency conversion costs for international affiliates.
* Referring yourself for your own purchase: We will not issue a commission payment on a purchase if you refer yourself using your own affiliate Link.
* Refunds/Returns: If a product that generated commission is later returned by the customer in accordance with our Refund Policy, we will deduct the corresponding commission from your next monthly payment.
* Credit Card Fraud/Chargebacks: If a purchase that generated a commission is determined to be an occurrence of credit card fraud, commission will not be earned on the purchase. If a purchase is shipped and later determined to be an occurrence of credit card fraud, commission will not be earned on the purchase and we will deduct the corresponding commission from your next monthly payment.
7. Policies and Pricing
Customers who buy products or services through the Affiliate Program are customers of the Invisible Truth Alliance. All Invisible Truth Alliance rules, policies, and operating procedures concerning customer orders, customer service, and sales apply to these customers. We may change our rules, policies, and operating procedures at any time. For example, we will determine the prices to be charged for products and/or services sold under the Program in accordance with our own pricing policies, and prices and availability may vary from time to time. We shall have no obligation to share any customer information collected by the Invisible Truth Alliance, including (without limitation) name and contact information.
8. Trademarks
* Ownership: You acknowledge and agree that all rights, titles and interest in all Invisible Truth Alliance, graphics, trade names, trademarks and service marks, including those incorporated in Links (collectively, the “Invisible Truth Alliance Marks”), are the sole and exclusive property of the Invisible Truth Alliance and may not be used without our prior written consent.
* Limited License: During the term of, and subject to the terms and conditions of, this Agreement, we grant you a non-transferable, non-exclusive, revocable license to: (a) access our site through Links established on your site solely as set forth under the terms of this Agreement; and (b) solely in connection with such Links, use the specified Invisible Truth Alliance Marks we provide to you for the purpose of promoting on your site the availability of products and services from the Invisible Truth Alliance. During the term of, and subject to the terms and conditions of, this Agreement, you grant a non-transferable, non-exclusive, revocable license to reproduce and display your logos, trademarks, trade names and similar identifying material (collectively, the “Affiliate Marks”) provided by you so that we may refer to you as a participant in the Program should we so desire.
* Restrictions: You are not permitted to alter, modify or change any Invisible Truth Alliance Mark in any way whatsoever. We reserve all of our rights in the Invisible Truth Alliance Marks and all other intellectual property rights. You shall not assert the invalidity, unenforceability or contest the ownership by the Invisible Truth Alliance of the Invisible Truth Alliance Marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice our rights in the Invisible Truth Alliance Marks, render the Invisible Truth Alliance Marks generic, or otherwise weaken their validity or diminish their associated goodwill.
9. Obligations Regarding Your Site
* Operation: You will be solely responsible for, and the Invisible Truth Alliance shall have no liability related to, the development, operation, and maintenance of your site.
* Domain Name: You agree that the domain name for your site does not and will not contain the “Invisible Truth Alliance” mark, or any variation of “Invisible Truth.”
* No domain or URL masking: You may not use hidden or masked URLs to display your own URL while simultaneously displaying the Invisible Truth Alliance, or Invisible Truth. Doing so will cause our online store to not recognize your affiliate referrals. As a result, commissions may not be recorded for orders placed through your affiliate link if the domain/URL is masked.
* No Confusing Content: Your site may not copy, “co-brand” or “frame” our site or otherwise have any portion of our site visible on your site, or otherwise have any portion of your site visible on the screen once a user has clicked through to our site. Other than the images and text provided specifically for Affiliate use, your site will not in any way copy any content from, or resemble the look and feel of, the Invisible Truth Alliance site, nor may it or you create the impression that your site is the Invisible Truth Alliance site or is part of the Invisible Truth Alliance site. You also agree not to purchase or otherwise contract with a third party to exploit any of the Invisible Truth Alliance Marks for the purpose of causing your site to appear as a search engine result or for any other reason. All content on the Invisible Truth Alliance site is the copyrighted material of the Invisible Truth Alliance and may not be copied without prior written permission from the Invisible Truth Alliance. All banners and Links used by you to link to our site must be downloaded from the Invisible Truth Alliance website in accordance with the terms of this Agreement.
* Claims & Product Details: Under no circumstances may any Affiliate in any way state or imply (in text or otherwise) that the site offers or sells products or services of the Invisible Truth Alliance on sale, off price, at a discount, or otherwise at lower than regular prices. In addition, you shall not misrepresent the Invisible Truth Alliance or otherwise make any claims, representations or warranties in connection with our products, technology, or services, and shall have no authority to, and shall not, bind us to any obligations.
10. Term & Termination
* Term: The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated either by you or us. At any time, either you or we may terminate this Agreement, with or without cause, by giving the other party written notice of termination. If this Agreement is terminated for any reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
* Effect of Termination: Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all Links and any other materials provided by or on behalf of us to you pursuant to this Agreement or in connection with the Program, and return to the Invisible Truth Alliance all of its confidential information.
11. Limitation of Liability
We will not be liable for indirect, incidental, special, exemplary or consequential damages, or any loss of revenue, profits or data arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, and notwithstanding any other provision of this Agreement, our aggregate liability arising with respect to this Agreement and the Program for any reason and upon any cause of action will not exceed the total commissions paid or payable to you under this Agreement during the twelve (12) month period immediately before you were to make and notify us of a claim. This limitation applies to all causes of action in the aggregate, including (without limitation) breach of contract, breach of warranty, negligence, misrepresentations and other torts. No action, regardless of form, arising out of this Agreement may be brought by you more than one (1) year after the cause of action has accrued.
12. Disclaimers
We make no express or implied warranties or representations with respect to the Program, the Invisible Truth Alliance Marks, the Invisible Truth Alliance website, the Links or any products, services or other items sold or licensed through the Program, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, non-infringement, system integration, non-interference and accuracy of informational content. In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
13. Representations and Warranties
You hereby represent and warrant to us the following: (a) this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; (b) the execution, delivery and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate any provision of law, rule or regulation to which you are subject, any order, judgment or decree applicable to you or binding upon your assets or properties, any provision of your by-laws or certificate of incorporation or organization or any agreement or other instrument applicable to you or binding upon your assets or properties; (c) you are an adult of at least 18 years of age; (d) you are the owner of the Affiliate Marks and have all the rights and power to license such marks to the Invisible Truth Alliance; and (e) your site complies, and shall continue during the term of this Agreement to comply, with all applicable laws.
14. Indemnification
You hereby agree to indemnify, defend and hold harmless the Invisible Truth Alliance, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including attorneys’ fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arise out of or are based on: (a) any claim or threatened claim that our use of any Affiliate Mark or other material provided by you infringes on the copyright, trade secret, trademark, patent or other intellectual property rights, proprietary rights or other rights of any third party; (b) the breach of any representation or warranty made by you herein, or any of your obligations herein; or (c) any claim related to your site.
15. Assignment
You may not assign, sub-license or otherwise transfer this Agreement or any of your rights or obligations hereunder, by operation of law or otherwise, without our prior written consent, which may be withheld in our sole and absolute discretion. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
16. Other Provisions
* Relationship of Parties: the Invisible Truth Alliance and you are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf, and agree not to make any statement, whether on your site or otherwise, that reasonably would contradict anything in this section.
* Modification: We may modify any of the terms and conditions contained in this Agreement at any time and at our sole discretion. Posting on our site of a change notice or a new agreement is considered sufficient notice, although we may also notify you of changes by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following our posting of a change notice or new agreement on our site, or notifying you by email, will constitute binding acceptance of the change. You agree always to provide us with timely written updates of your contact information.
* Interpretation: The parties have agreed to execute this Agreement in the English language. In the event of any dispute in connection with this Agreement, the English language version of the Agreement will control for all purposes. Any action brought under this Agreement shall be conducted in the English language.
* Enforcement: Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement. The headings used in this Agreement are for convenience only and are not intended to be used as an aid to interpretation. If any part of this Agreement is held by a court of competent jurisdiction to be illegal or unenforceable, the validity or enforceability of the remainder of this Agreement shall not be affected and such provision shall be deemed modified to the minimum extent necessary to make such provision consistent with applicable law and, in its modified form, such provision shall then be enforceable and enforced.
Online Coaching And Training Monthly Subscription Agreement: TERMS & CONDITIONS
Updated on August 9, 2010
IMPORTANT – READ CAREFULLY: May cancel subscription at any time.
Billing will occur 30 days from original purchase date. Please note that the customer may cancel this subscription at any time after initial 30 day bonus trial. Please note that once the customer cancels the discount package price of $55.00 per month for both training and coaching, the $55.00 price may never be offered again and the customer may pay the full price of $299.00 per month for the same service.
BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE ACCEPTANCE BUTTON, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE 18 YEARS OF AGE OR OLDER; (ii) ARE, OR ARE AUTHORIZED TO SIGN FOR AND BIND, THE CONTRACTING PARTY DEFINED BELOW AS “CUSTOMER;” AND (iii) HAVE READ, UNDERSTAND AND AGREE ON BEHALF OF CUSTOMER TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS ONLINE SUBSCRIPTION AGREEMENT. OTHERWISE, DO NOT CLICK THE ACCEPTANCE BUTTON TO PROCEED AND YOUR REGISTRATION PROCESS WILL BE DISCONTINUED.
This Online Subscription Agreement (this “Agreement“) is a legal and binding instrument entered into as of the date of electronic acceptance by Customer (the “Effective Date“), by and between the Invisible Truth Alliance Inc. and “Customer,” the individual or entity entering into this Agreement. Invisible Truth Alliance Inc. reserves the right to amend this Agreement from time to time without notice to Customer.
Description of Services. Customer receives and has the ability to join a series of 8, by phone, group training and coaching sessions approximately 1 hour in length. * Sessions may be 15 minutes or 1 1/2 hours at the sole digression of attending coach or Invisible Truth trainer leading the call.
Program runs month to month. Customer may cancel at any time after the first 30 days of initial purchase.
In accordance with this Agreement, the following applies:
Payment Information. As part of the online registration process, Invisible Truth will collect certain additional information related to billing and payment matters (“Payment Information“). Such Payment Information will include a valid debit card or credit card number with available credit sufficient to pay the applicable Subscription Fees, an election of a preferred billing frequency, and other information as required by Invisible Truth. All Payment Information provided by or on behalf of Customer must be current, complete and accurate, and Customer is solely responsible for updating such Payment Information as necessary. Customer hereby authorizes Invisible Truth, from time to time, to take steps to determine whether the debit card or credit card number provided is valid. Invisible Truth reserves the right to terminate this Agreement immediately in the event any Payment Information is found to be inaccurate, incomplete or not current at any time. Invisible Truth shall not be responsible for any overdraft charge or other fees that may be incurred by Invisible Truth’s use of Customer’s debit card or credit card.
- Subscription Fees. Customer is responsible for all Subscription Fees, and hereby authorizes Invisible Truth to obtain payment of all such Subscription Fees in accordance with the Payment Information, a Customer shall also be responsible for all applicable taxes (withholding tax, sales tax, services tax, value-added tax (VAT), goods and services tax (GST), etc.) or duties imposed by any government entity or collecting agency.
- Confidential Information. Unless expressly authorized in writing by the other party, neither party shall disclose to any third party any non-public information or materials provided by the other party under this Agreement and reasonably understood to be confidential (“Confidential Information“), or use such Confidential Information in any manner other than to perform its obligations under this Agreement. The foregoing restrictions do not apply to any information that (i) is in or becomes available through the public domain, (ii) is already lawfully in the receiving party’s possession, (iii) was known to the receiving party prior to the date of disclosure, (iv) becomes known to the receiving party from a third party having an apparent bona fide right to disclose the information, or (v) Confidential Information that the receiving party is obligated to produce pursuant to an order of a court of competent jurisdiction or a valid administrative subpoena, providing receiving party provides disclosing party timely notice of such court order or subpoena. Furthermore, Customer will keep in strict confidence all passwords and other access information to the Services.
- DISCLAIMER OF WARRANTIES. CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE PROVIDED BY INVISIBLE TRUTH ON AN “AS IS” BASIS, AND CUSTOMER’S ACCESS TO AND/OR USE OF THE SERVICES IS AT THEIR SOLE RISK. INVISIBLE TRUTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INVISIBLE TRUTH MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET THE REQUIREMENTS OF CUSTOMER OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, NOR DOES INVISIBLE TRUTH MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES OR THAT ANY DEFECTS IN THE MATERIALS WILL BE CORRECTED. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THE SERVICES IS DONE AT THE SOLE RISK OF CUSTOMER AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM INVISIBLE TRUTH OR THROUGH THESE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMER.
- LIMITATION ON LIABILITY. IN NO EVENT SHALL INVISIBLE TRUTH BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL, MULTIPLE, PUNITIVE OR OTHER DAMAGES RELATED TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF INCOME, LOSS OF OPPORTUNITY, LOST PROFITS, COSTS OF RECOVERY OR ANY OTHER DAMAGES), HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT INVISIBLE TRUTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INVISIBLE TRUTH’S LIABILITY HEREUNDER IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.
- Indemnification. Customer hereby agrees, at its sole expense, to indemnify, defend and hold Invisible Truth harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (i) a third-party claim, suit, proceeding, action or allegation of infringement based on information, data, files or other content submitted by Customer or otherwise related to Customer’s access to and/or use of the Services; or (ii) any fraud or manipulation, or other breach of this Agreement by Customer.
- Contracting Party, Choice of Law and Location for Resolving Disputes. This Agreement is between Customer and the Invisible Truth entity for Customer’s country or region. In this section, find the country or region where Customer is located, where Customer lives (if Customer is signing up for the Services as an individual person) or where Customer’s business is located (if Customer is signing up for the Services as business) in the subsections below, and in that subsection Customer will find the Invisible Truth entity that Customer is contracting with and the choice of law and the location for resolving disputes with such Invisible Truth entity. If any provision of this Agreement is invalid or unenforceable under applicable law, it shall be to that extent deemed omitted and the remaining provisions will continue in full force and effect. To the extent a provision is deemed omitted, the parties agree to comply with the remaining terms of this Agreement in a manner consistent with the original intent of the Agreement.





