Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by Amy Porterfield, LLC (“Company”, “we”, or “us”) and you (“Client” or “you”), and you agree to the following terms in this Agreement. The Company and you may be referred to collectively as “Parties” in this Agreement.
There is no fee for your access to the Program.
The Company’s Terms of Use, Privacy Policy, and Disclaimer are incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply to your participation in the Program.
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide you with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as professional advice.
Client understands that no agent of the Company, including Consultant, is acting as an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, financial analyst, psychotherapist or accountant of Client. Client understands that the Company and Consultant have not promised, shall not be obligated to, and will not: (1) procure or attempt to procure employment, business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting or advice; (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 Program. If the Parties wish to continue their relationship, they shall execute a separate agreement.
The information, software, products, and services included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.
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 Program, you agree to respect the privacy of other Program participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You agree not to share the information provided to you in the Program with anyone other than the Company, its owners and employees, and other Program participants.
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.
You agree to release and hold harmless the Company from 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 Program and/or any information and resources contained in the Program. 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 Program.
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 Program 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 Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, 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 Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.
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. Client may not assign this Agreement without the express written consent of the Company.
Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.
The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if you become disruptive to the Company or other Program participants, if you fail to follow the Program 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 this Agreement with respect to the Program 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 Program and related services, any user postings made by you, your violation of any terms of this Agreement, 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.
With the exception of injunctive relief sought pursuant to this Agreement, the Parties agree that any and all claims arising out of or relating to the Program or this Agreement shall be exclusively decided through binding arbitration in Nashville, Tennessee. The Parties waive any right to bring claims as part of a class or collective action and agree, instead, to conduct an arbitration related solely to any individual claims they may have against one another. The arbitrator(s) shall issue a written award stating the reasoning for the decision. Each party shall bear its own attorneys’ fees and costs during the proceeding, but the prevailing party’s attorneys’ fees and costs shall be included in any award issued. Judgment on the award may be entered in any court of appropriate jurisdiction.
Every effort has been made to accurately represent the Programs and the educational value it provides. However, there is no guarantee that you will earn any money using the techniques and ideas in the Program materials. You should not rely on any revenue, sales, or earnings information we present as any kind of promise, guarantee, or expectation of any level of success or earnings. Your results will be determined by a number of factors over which we have no control, such as your financial condition, experiences, skills, level of effort, education, and changes within the market. Running an online business carries risks, and your use of any information contained in the Program is at your own risk.
You agree that we are not responsible for any decision you may make regarding any information presented or as a result of purchasing any of our products or services. Any claims made of actual earnings or examples of actual results can be verified upon request.
The Program is not associated or affiliated with, or endorsed or sponsored by, Facebook, nor has it been reviewed tested or certified by Facebook.
If you do not understand or agree with any of these conditions, please do not register for the Program. If you require further clarification, please contact support@amyporterfield.com
©Amy Porterfield, LLC.
Last Updated: April 15, 2024