Last Updated 10/20/22
WE HAVE MADE EVERY EFFORT TO ACCURATELY REPRESENT OUR PRODUCTS AND SERVICES. THE REPRESENTATION OF THE POTENTIAL OF OUR PRODUCTS AND SERVICES IS SUBJECT TO OUR INTERPRETATION. WHILE THE EARNINGS POTENTIAL FOR THOSE PEOPLE THAT USE OUR PRODUCTS AND SERVICES IS USUALLY VERY ENCOURAGING. YOU ACKNOWLEDGE THAT YOUR EARNING POTENTIAL IS SUBJECT TO MANY INDEPENDENT FACTORS, ALL OF WHICH VARY FROM INDIVIDUAL TO INDIVIDUAL AND ARE OFTEN OUT OF ANY INDIVIDUAL’S CONTROL.
AS SUCH, WE MAKE NO WARRANTY OR GUARANTEE OF ANY KIND THAT YOU WILL EXPERIENCE ANY SPECIFIC LEVEL OF EARNINGS BY USING OUR PRODUCTS AND SERVICES.
ANY EXAMPLES WE HAVE PROVIDED SHOULD NOT BE INTERPRETED AS ANY GUARANTEE OF EARNINGS. WE DO NOT ASSERT THAT OUR PRODUCTS AND SERVICES REPRESENT A “GET RICH SCHEME.”
UPON REQUEST, WE MAY ASSIST YOU IN THE VERIFICATION OF CLAIMS OF ACTUAL EARNINGS AND/OR EXAMPLES OF ACTUAL RESULTS ACHIEVED, THOUGH WE ARE UNDER NO OBLIGATION TO DO SO.
HOWEVER, WE CANNOT AND DO NOT OFFER YOU ANY DIRECT FINANCIAL ADVICE, NOR ARE WE RESPONSIBLE FOR ANY FINANCIAL DECISIONS YOU MAKE. AS ALWAYS, IT IS YOUR SOLE RESPONSIBILITY TO DISCUSS THE LEGALITY OR FINANCIAL SOUNDNESS OF ANY DECISION YOU MAKE WITH A QUALIFIED PROFESSIONAL BEFORE MAKING SUCH A DECISION.
INFORMATION FOUND IN OUR PRODUCTS AND SERVICES MAY CONTAIN INFORMATION THAT INCLUDES FORWARD-LOOKING STATEMENTS AS DEFINED BY THE “PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995.” WE BASE ANY FORWARD-LOOKING STATEMENTS SOLELY UPON OUR EXPECTATIONS ON EVENTS THAT HAVE NOT YET OCCURRED.
YOU CAN EASILY IDENTIFY SUCH STATEMENTS, AS THEY DO NOT RELATE SPECIFICALLY TO ANY FACTS, WHETHER HISTORICAL OR IN CURRENT DAY. THESE STATEMENTS USE WORDS SUCH AS “ANTICIPATE,” “BELIEVE,” “ESTIMATE,” “EXPECT,” “INTEND,” “PLAN,” “PROJECT,” AND OTHER SUCH WORDS THAT IMPLY SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS AND FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS USED WITH OUR PRODUCTS AND SERVICES ARE SOLELY BASED UPON OUR OPINION OF EARNINGS POTENTIAL. AS THERE ARE MANY FACTORS THAT WILL DETERMINE YOUR ACTUAL RESULTS, WE MAKE NO GUARANTEES THAT YOU WILL ACHIEVE SIMILAR OR ANY RESULTS FROM YOUR USE OF OUR PRODUCTS AND SERVICES.
This membership agreement (the “Membership Agreement”) contains the terms and conditions that govern your use of the Deathproof Solutions LLC website (the “Website”) and the Services (as defined below). THIS MEMBERSHIP AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES, AND INCLUDES DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, A CLASS ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS. THESE PROVISIONS FOR AN ESSENTIAL BASIS OF OUR AGREEMENT.
If you do not agree with any of these terms, do not access or otherwise use the Website or Services, or any information or materials contained on the Website.
Deathproof Solutions LLC (“Deathproof Solutions LLC”) owns and operates the Website. This Membership Agreement is between you and Deathproof Solutions LLC. Deathproof Solutions LLC reserves the right to add, delete, and modify any of the terms and conditions contained in this Membership Agreement at any time and in its sole discretion by posting a change notice or a new agreement on the Website. In the event of substantive changes to this Membership Agreement, the new terms will be posted to the Website, you will be required to affirmatively assent to its terms, and you may also be notified by email. If any modification is unacceptable to you, your only recourse is not to use the Website and the Services and to request an immediate termination of your membership. Your express consent or continued use of the Website or the Services following posting of a change notice or new Membership Agreement on the Website will constitute binding acceptance of the changes.
1.1. Deathproof Solutions LLC provides a number of Internet-based services through the Website (all such services, collectively, the “the Services”), including without limitation training and materials for you to develop and promote your business. Deathproof Solutions LLC reserves the right to add, change, and delete content and services from the Website or Services from time to time.
1.2. If applicable, you agree to pay, and authorize automatic recurring billing of, the membership fee with your credit card, or other payment methods, until subsequently cancelled. You understand and agree that each automatic recurring billing of the membership fee is not refundable and will not be prorated.
1.3. Deathproof Solutions LLC reserves the right to change the membership fee from time to time, and will incur no liability for doing so.
Use of the Website and the Services
2.1. Deathproof Solutions LLC will only knowingly provide the Services to parties that can lawfully enter into and form contracts under applicable law. The Website and the Services are not for anyone under the age of 18 and any such use is prohibited.
2.2. You must comply with all of the terms and conditions of this Membership Agreement, the applicable agreements and policies referred to below, and all applicable laws, regulations, and rules when you use the Website and the Services.
2.3. Your License to Use the Website and the Services.
2.3.1. Deathproof Solutions LLC owns or licenses all intellectual property and other rights, title, and interest in and to the Website, Services, and the materials accessible on or through the Website and Services, except as expressly provided for in this Membership Agreement. For example, and without limitation, Deathproof Solutions LLC owns trademarks, copyrights, and certain technology used in providing the Services. You will not acquire any right, title or interest therein under this Membership Agreement or otherwise unless expressly provided for herein.
2.3.2. Deathproof Solutions LLC grants you a limited revocable license to access and use the Website and Services for their intended purposes, subject to your compliance with this Membership Agreement. This license does not include the right to collect or use information contained on the Website for purposes that Deathproof Solutions LLC prohibits or to compete with Deathproof Solutions LLC. If you use the Website or the Services in a manner that exceeds the scope of this license or breaches any relevant agreement, your license shall terminate immediately.
3.1. For the purpose of this Membership Agreement, “Confidential Information” shall be deemed to include all information and materials that: (a) if in written format is marked as confidential, or (b) if disclosed verbally is noted as confidential at time of disclosure, or (c) in the absence of either (a) or (b) is information which a reasonable party would deem to be non-public information and confidential.
3.2. Confidential Information shall include without limitation: all information provided on or through the Website or the Services; trade secrets, inventions, research methods, methods of compiling information, methods of creating the Deathproof Solutions LLC database, procedures, devices, machines, equipment, data processing programs, software, computer models, research projects, and other means used by Deathproof Solutions LLC in the conduct of its business; product formulations, strategies and plans for future business, new business, product or other development, new and innovative product ideas, potential acquisitions or divestitures, and new marketing ideas; information with respect to costs, commissions, fees, profits, sales, markets, sales methods and financial information; mailing lists, the identity of Deathproof Solutions LLC customers, potential customers, distributors, and suppliers and their names and addresses, the names of customer representatives responsible for entering into contracts for Deathproof Solutions LLC products or services, the amounts paid by Deathproof Solutions LLC customers, specific customer needs and requirements, and leads and referrals to prospective customers; and the structure, sequence, and organization of the Deathproof Solutions LLC database, together with source code and object code; and the identity of Deathproof Solutions LLC employees, their respective salaries, bonuses, benefits, qualifications and abilities.
3.3. You acknowledge and agree that the nature of Deathproof Solutions LLC confidential, proprietary, and trade secret information to which you have, and will continue to have, access to derives value from the fact that it is not generally known and used by others in the highly competitive, international industry in which Deathproof Solutions LLC competes. You further acknowledge and agree that, even in complete good faith, it would be impossible for you to work in a similar capacity for a competitor of Deathproof Solutions LLC without drawing upon and utilizing information gained pursuant to this Membership Agreement.
3.4. You acknowledge that you are receiving such Confidential Information in confidence and will not publish, copy, or disclose any Confidential Information without prior written consent from the Company. You further agree that you shall not attempt to reverse engineer, de-compile or try to ascertain the source code to Deathproof Solutions LLC software or any other software supplied hereunder. You acknowledge that you will only use the Confidential Information to the extent necessary to promote your business, and that you will use best efforts to prevent unauthorized disclosure of the Confidential Information to any third party.
3.5. The obligation of confidentiality shall not apply to any particular portion of Confidential Information which: (a) was in the public domain when Deathproof Solutions LLC granted access to you; (b) entered the public domain through no fault of you subsequent to receipt; (c) was in your possession free of any obligation of confidence at the time of the disclosure by Deathproof Solutions LLC; (d) was rightfully communicated by a third party to you free of any obligation of confidence subsequent to the time of the originating party’s communication thereof to you; (e) was developed by you independently of and without knowledge or reference to any Confidential Information; (f) is approved for release by written authorization from Deathproof Solutions LLC; or (g) is required to be disclosed pursuant to any statute, law, rule or regulation of any governmental authority or pursuant to any order of any court of competent jurisdiction, but in any case, you will immediately notify Deathproof Solutions LLC before disclosure and given a reasonable opportunity to obtain a protective order or other form of protection.
3.6. You agree not to alone or in association with others use Confidential or trade secret information to (a) solicit, or facilitate any organization with which you are associated in soliciting, any employee or customer of Deathproof Solutions LLC to alter its relationship with Deathproof Solutions LLC; (b) solicit for employment, hire, or engage as an independent contractor, or facilitate any organization with which Deathproof Solutions LLC is associated in soliciting for employment, hire, or engagement as an independent contractor, any person who was employed by Deathproof Solutions LLC at any time during the term of this Membership Agreement (provided, that this clause (b) shall not apply to any individual whose employment with Deathproof Solutions LLC was terminated for a period of one year or longer); or (c) solicit business from or perform services for any customer, supplier, licensee, or business relation of Deathproof Solutions LLC, induce or attempt to induce, any such entity to cease doing business with Deathproof Solutions LLC; or in any way interfere with the relationship between any such entity and Deathproof Solutions LLC.
3.7. You agree that you will not make any derogatory statements, either oral or written, or otherwise disparage Deathproof Solutions LLC, Deathproof Solutions LLC products, employees, services, work or employment, and will take all reasonable steps to prevent others from making derogatory or disparaging statements. You agree that it would be impossible, impractical, or extremely difficult to fix the actual damages suffered by reason of a breach of this paragraph, and accordingly hereby agree that five thousand dollars ($5,000) shall be presumed to be the amount of damages sustained by reason of each such breach, without prejudice to Deathproof Solutions LLC right to also seek injunctive or other equitable relief.
3.8. Other than as expressly provided for herein, in no event shall you be deemed by virtue hereof to have acquired any right or interest by license or otherwise, in or to the Confidential Information.
3.9. You agree that all originals and any copies of the Confidential Information remain the property of Deathproof Solutions LLC.. You shall reproduce all copyright and other proprietary notices, if any, in the same form that they appear on all the materials provided by Deathproof Solutions LLC, on all copies of the Confidential Information made by you. You agree to return all originals and copies of all Confidential Information in your possession or control to Deathproof Solutions LLC at Deathproof Solutions LLC request.
4.1. Prohibited Use. You may only use the Website and Services to promote your business, as expressly permitted by Deathproof Solutions LLC. You may not cause harm to the Website or Services. Specifically, but not by way of limitation, you may not: (i) interfere with the Website or Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website or Services; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or Services, except in the operation or use of an internet “search engine,” hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Website or Services; (v) impersonate another person or entity; (vi) engage in any activity that interferes with another user’s ability to use or enjoy the Website or Services; (vii) assist or encourage any third party in engaging in any activity prohibited by this Membership Agreement; (viii) co-brand the Website or Services; (ix) frame the Website or Services; or (x) hyper-link to the Website or Services, without the express prior written permission of an authorized representative of Deathproof Solutions LLC.
4.3. Ordering Policies. If you purchase any products or services on or through the Website or Service, you agree that your use of the product or service is limited by this Membership Agreement as well.
4.4. Password Restricted Areas of the Website. Most areas of the Website are password restricted to registered users (“Password-Protected Areas”). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify Deathproof Solutions LLC if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Deathproof Solutions LLC of any unauthorized use of your account or any other breach of security in relation to your password or the Website that is known to you.
4.5. Spam Policy: You may not use the Website or Services to engage in unethical marketing activities, including without limitation spamming. The following are examples of activities that are not permitted, and which may result in an immediate deactivation of your account or termination of your membership: a) disguising the origin of any content transmitted to or through the Website or Services, or using any other means of deceptive addressing; b) relaying email from a third party’s mail servers without the permission of that third party; c) transmitting any material that is unlawful or used without adequate permission from the owner of the material; d) harvesting email addresses in a manner that is unlawful or in violation of the rights of a third party; e) sending email that contains inaccurate header information or domain names that are not valid or do not exist; f) sending email that contains false or misleading information in the subject line or body of the message; g) sending email that does not indicate that it is an advertisement, does not include a functioning opt-out mechanism, or does not include your valid physical mailing address; or h) sending email that violates applicable law, including without limitation the CAN-SPAM Act or the applicable laws of the jurisdictions from which you send email or in which the email is received the acceptable use policies of Deathproof Solutions LLC email service provider.
Reservation of Rights
5.1. Monitoring. Deathproof Solutions LLC reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website and Service. If Deathproof Solutions LLC determines, in its sole and absolute discretion, that you or another user has or will breach a term or condition of this Membership Agreement or that such transaction or communication is inappropriate, Deathproof Solutions LLC may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
5.2. Modification of the Service. Deathproof Solutions LLC may modify the Website or Services at any time with or without notice to you, and will incur no liability for doing so.
6.1. Deathproof Solutions LLC asks that you respect the Website online community. Your conduct when using the Website and Services should be guided by common sense and basic etiquette. To further these common goals, you agree not to:
6.1.1. Disparage the products or services of any company or individual.
6.1.2. Impersonate or represent Deathproof Solutions LLC staff or other industry professionals.
6.1.3. Link to or post content not allowed on the Website.
6.1.4. Solicit a user’s password or other account information.
6.1.5. Harvest user information for any purpose.