Important Notice: this agreement is subject to binding arbitration and a waiver of class action rights as detailed in section 12 below.Last updated: September 20th, 2017
Acceptance of Terms
Changes to the Terms
You consent to receive communications from us electronically and agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. As a result of your registration for the Service, you may also receive certain commercial communications from convertproof. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to email@example.com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
Introduction To Services
This Agreement sets forth the terms of purchase of Services (“Product/Program/Membership/Book/Event”) from Convertproof, inc. These Services may include but are not limited to the convertproof Application.
By placing your Order with Convertproof, inc. via clicking “accept/purchase/pay now/complete order,” or by using the Services, you agree to be bound by this Agreement. If you do not agree with these terms, you should leave the Convertproof, inc.website and discontinue use of the Services immediately.
Payment is required before beginning the program/product or at the end of the trial period, as indicated on your Order form, and may be a one-time fee, or a monthly or other recurring fee, as applicable. Please check the details of your Order form or Order page for the information specific to your program/product. You agree to pay the amount agreed (including an additional fees on the Order form or Order page) and not to cancel this transaction with your bank or credit card company. Convertproof, inc.is not responsible for any overdraft charges, over limit charges, or NSF fees charged by your bank or credit card company. Fees for Services may be pre-paid or by installment, as indicated on your Order form. Failure to make an installment payment will result in suspension or termination of the Services. Convertproof, inc.does not guarantee any specific results from use of the Services. Convertproof, inc.does not make any representations or warranties as to specific outcomes or results.
When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we’ve taken every effort to ensure that we accurately represent our programs and their ability to grow your business and improve your life. However, the Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our Sites is a promise or guarantee to you of future earnings.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE ANY OF THE SERVICES IS AT YOUR SOLE RISK. By purchasing the Services, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
Member Area and Mastermind Community Rules
For each program the mastermind community is about sharing and growing with other program members. There is absolutely no solicitation (selling or offering) of any kind to other members. You shall not sell any other programs or products or services to any other member (including your own). You shall not ask any other member to join other social networks, groups, or programs. If you are found in breach of these terms you will be removed from the program without refund.
You may cancel your Service by contacting convertproof Support via email at firstname.lastname@example.org, via the in-Service communication (Intercom) found inside your convertproof dashboard, or you may cancel your account at any time inside the convertproof application under the “Settings” tab. If you cancel your service in the middle of the plan, your data will not be deleted until the next billing cycle. Once your account is fully cancelled, all of your data will immediately be deleted from convertproof. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so. If you have received a free trial of the Service, your account will not be billed if you cancel before the end of your free trial period. After your free trial period ends, your account will be billed a monthly Service charge. The monthly Service charge is subject to change; convertproof will provide advance notice of at least one billing cycle in the event of any change to your monthly Service charge. The annual Service charge is subject to change; convertproof will provide advance notice of at least one month prior to your new billing cycle in the event of any change to your annual Service charge. The convertproof refund policy includes a 72 hour grace period. You can request a refund within 72 hours of being charged to receive a full refund. Absolutely no refunds are issued 72 hours after your billing cycle period. If you have purchased a convertproof promotional offering and elected to pay via payment plan, you agree to complete all payments in your payment plan, unless you close your account and request a refund within the 72 hour grace period. Please contact us at email@example.com with any questions.
Links to Third Party Sites/Third party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of convertproof and convertproof is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. convertproof is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by convertproof of the site or any association with its operators. Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that convertproof may share such information and data with any third party with whom convertproof has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
No Unlawful or Prohibited Use/Intellectual Property
convertproof respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service is:DMCA Copyright AgentConvertproof, inc.13 Ridgely AveAnnapolis, MD 21401Email: firstname.lastname@example.orgPlease note that in addition to being forwarded to the person who provided the allegedly illegal content, we may send a copy of your notice (with your personal information removed) to Lumen (https://lumendatabase.org) for publication and/or annotation. You can see an example of such a publication at https://lumendatabase.org/notices/12073901#. We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, convertproof will also terminate a user’s account if the user is determined to be a repeat infringer.
Third Party Accounts
You will be able to connect your convertproof account to third party accounts. By connecting your convertproof account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by convertproof from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the convertproof Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless convertproof, its officers, directors, employees, shareholders, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees and court costs) relating to or arising out of your use of or inability to use the Site or 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. convertproof 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 convertproof in asserting any available defenses.
Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Initial Dispute Resolution
Our Customer Support Department is available by email at email@example.com, or via the in-Service communication (Intercom) found inside your convertproof dashboard, to address any concerns you may have regarding the Service. Our Customer Service Department is able to resolve most concerns quickly to our customers’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed upon solution within a period of 30 days from the time of informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules & Procedures, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The Commercial Arbitration Rules governing the arbitration may be accessed at www.jamsadr.org or by calling JAMS at +1.800.352.5267. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, convertproof will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, convertproof will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in Howard County, State of Maryland, United States of America or at any location within the United States if it is within 500 miles of your country of residence, and you and convertproof agree to submit to the personal jurisdiction of any federal or state court in Anne Arundel County, Maryland, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND convertproof AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: Convertproof, inc. 113 Ridgely Ave, Annapolis, MD 21401. The notice must be sent within 60 days of July 5, 2017 or 30 days of your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, convertproof also will not be bound by them.
Changes to this Section
convertproof will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day. For any dispute not subject to arbitration you and convertproof agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Howard County, Maryland. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. The Terms and the relationship between you and convertproof shall be governed by the laws of the State of Maryland without regard to conflict of law provisions
convertproof reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maryland and you hereby consent to the exclusive jurisdiction and venue of courts in Maryland in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and convertproof as a result of this agreement or use of the Site. You agree that convertproof does not promise any user exclusivity in any particular market and expressly reserves the right to provide services to your competitors. convertproof’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of convertproof’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by convertproof with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and convertproof with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and convertproof with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
convertproof welcomes your questions or comments regarding the Terms by emailing firstname.lastname@example.org.