TERMS OF PARTICIPATION
Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by Amy Porterfield, Inc. (“Company”, “we”, or “us”) and You (“Client” or “You”) agree to the following terms stated herein.
Amy Porterfield, Inc. (herein referred to as “Amy Porterfield, Inc.” or “Company”) agrees to provide Membership, “Momentum™️” (herein referred to as “Membership”) identified in online commerce shopping cart. As a condition of participating in the Membership, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
As part of the Membership, the Company shall provide the following to Client:
A Password Protected Membership Site Area: The Company shall maintain a Membership Area that will include video, audio and written lessons, templates, worksheets, checklists, slide decks and other training and support information. You shall have access to this Membership Area for as long as the Membership Area exists, unless you or we terminate your subscription. In the event that Company intends to close the Membership Area, it shall provide clients with a 30 day notice and the ability to download the resources contained in the Membership Area, which is what is referred to as “Lifetime Access” in our marketing materials.
Membership Participant Facebook Group: The Company shall create and maintain a closed Facebook group for students of the Membership. This is a community run group, meaning that students are encouraged to help each other. The Company employs a Community Team, who is charged with overseeing the group and ensuring that it runs smoothly.
From time to time, the Company will offer bonuses to individuals who sign up for the Membership. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the Membership and they vary depending on specific live and automated promotions throughout the year.
Client understands Amy Porterfield (herein referred to as “Consultant”) and Amy Porterfield, Inc., is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this Membership. If the Parties wish to continue their relationship, they shall execute a separate agreement.
In consideration of Your access to the Membership, you agree to pay the following fees.
In consideration of Your access to the Membership, You agree to pay the annual or monthly fees listed on the checkout page for the Membership you choose.
You may choose between an annual payment of $2,967 (due immediately) or monthly payments of $297.
The Company will lock in Your annual or monthly payment amount for Your future Membership payments, even if we increase our prices in the future, so long as you continue to be an active subscriber without interruption in your Membership. However, if You or we terminate Your subscription at any time and You re-subscribe at a later date, You must purchase a new subscription at the current price.
Recurring monthly payments are due and will be charged to your card on the same calendar day each month (if, for example, you sign up on April 12, your card will be charged again on May 12, June 12, and so on).
If You choose monthly payments, you agree to continue making a monthly payment until you request a cancellation according to the Cancellation Policy set forth below, or until we terminate your subscription. In the event that any payment is not made by the due date, the Company shall immediately suspend Your access to the Membership.
If You have chosen an annual Momentum subscription, the annual payment is due and Your subscription renews automatically at the end of twelve (12) months and Your debit/credit card will be charged the fee You chose at the time of purchase. Your subscription will be activated as soon as Your debit or credit card is successfully charged.
METHODS OF PAYMENT
You give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly or annual fees, you must provide a new eligible payment method promptly or your Membership access will be removed.
You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
Since we have a clear and explicit Refund Policy that you have agreed to prior to completing the purchase of the Membership, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
If you would like to cancel Your monthly subscription, You may request to do so at any time. However, please note that in order to avoid being charged for the next month, You must notify the Company of your request to cancel at least 1 business day before your next bill date. Once We process your cancellation request, You will no longer be charged. Payments for the next billing cycle will not be refunded, so please make sure to cancel at least 1 business day prior to Your upcoming billing date.
We do not provide any refunds for monthly subscriptions.
If you would like to cancel an annual subscription, you may do so at any time. Please note, however, that you need to cancel at least 1 business days prior to your renewal date to prevent the next year’s subscription from being processed and billed.
If you request to cancel an annual subscription at least 1 business days prior to the twelfth month after purchase, we will issue a prorated refund for any full months left in the subscription. The refund rate will be calculated as the fee stated at the time of purchase, divided by twelve, and multiplied by the number of full months remaining in your subscription. If we cancel your subscription in accordance with the terms of this Agreement, we reserve the right to refuse to issue any refund. Should you request a cancellation, you will have until 1 business day before your cancellation date to withdraw your cancellation request.
Upon cancellation of your subscription (whether month-to-month or annual), you will no longer have access to the members-only portal and will be removed from the Facebook Group prior to the last business day of the month in which your membership is active. All assets in the members-only portal are downloadable during the term of your active subscription.
If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: [email protected]
USERNAME AND PASSWORD
The Company respects the privacy of its clients and will take reasonable steps not to disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Membership, you hereby agree to respect the privacy of other Membership participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Membership participants outside of the bounds of the Membership unless you receive express written permission from such other participant to share the information. Similarly, the content of the Membership contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Membership with anyone other than the Company, its owners and employees, and other Membership participants.
Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.
By posting or submitting any material in the Membership, such as questions, comments, posts, photos, images, videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Membership or other content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Membership at any time for any reason.
We will request your advance permission to use any photographs, videos, and or/audio recordings in which your face is recognizable, or to identify you by full name as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or us, for any purposes, including commercial purposes and advertising in connection with use of any of your content.
NO TRANSFER OF INTELLECTUAL PROPERTY; RESTRICTIONS ON USE OF COMPANY INTELLECTUAL PROPERTY
All content included as part of the Membership, such as text, graphics, logos, images, videos, worksheets, and guides, as well as the compilation thereof, and any software used in the Membership, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Membership are the trademarks of their respective owners.
Your participation in the Membership does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Membership, You agree to observe and abide by all copyright and other intellectual property protections.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Membership content and resources. You hereby agree that You will not copy, sell, display, distribute, modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Membership.
The Company content is not for resale. Your participation in the Membership does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Membership will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
Your use of any materials found in the Membership other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Membership in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Membership, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in this Agreement would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Membership, which provides education and information. The information contained in the Membership, including any interactions with the instructors, is not intended as, and shall not be understood or construed as professional advice.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Membership and/or any information and resources contained in the Membership. You agree that the Company shall not be liable to you for any type of damage, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Membership.
The information, software, products, and services included or available through the Membership may include inaccuracies or typographical errors. Changes are periodically added to the information in the Membership. The Company and/or its suppliers may make improvements and/or changes in the Membership at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Membership for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Membership, with the delay or inability to use the Membership or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Membership, or otherwise arising out of the use of the Membership, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Membership or any portion of it, your sole and exclusive remedy is to discontinue using the Membership.
The Parties agree and accept that the only venue for resolving any dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
Client may not assign this Agreement without expressed written consent of Company.
Company may modify terms of this agreement at any time. All modifications shall be posted on the Amy Porterfield, Inc.’s website and purchasers shall be notified.
The Company reserves the right, in its sole discretion, to terminate your access to the Membership and the related services or any portion thereof at any time, if You become disruptive to the Company or other Membership participants, if You fail to follow the Membership guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees in the event of such termination. The restrictions imposed on you in these Terms with respect to the Membership intellectual property will still apply now and in the future, even after termination by you or the Company.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Membership and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
RESOLUTION OF DISPUTES
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Membership. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Carlsbad, CA.
Every effort has been made to accurately represent this product and its potential.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, nor have they been reviewed tested or certified by Facebook.
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 product, ideas and techniques. We do not position this product 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.
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.
OUR MINIMUM GUARANTEES
If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact [email protected]
© Amy Porterfield, Inc.
Last Updated: December 15, 2019