Course Agreement
Effective Date: August 1st, 2022
THE AGREEMENT: This Course Agreement (hereinafter, "Agreement") is made by and between MICROBLADE ST PETE “DBA” Flash and Fuse, a limited liability company, organized under the laws of the state of Florida, hereinafter referred to as "Course Provider," and you, further defined below, as a participant in the Course, also defined below.
All parts and sub-parts of this Agreement are specifically incorporated by reference here. This Agreement shall govern the use of all pages and screens in and on the Course (all collectively referred to as "Course") and any services provided by or on this Course Provider through the Course ("Services") and/or on the Course Provider's website ("Website").
Article 1 - DEFINITIONS:
A) The parties referred to in this Agreement shall be defined as follows:
I) Course Provider, us, we: Course Provider, as the creator, operator, and publisher of the Course, is responsible for providing the Course publicly. Course Provider, us, we, our, ours and other first-person pronouns will refer to the Course Provider, as well as, if applicable, all employees and affiliates of the Course Provider.
II) You, the user, the participant: You, as the participant in the course and user of the Website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as user or participant.
III) Parties: Collectively, the parties to this Agreement (Course Provider and You) will be referred to as Parties.
B) The Course details are as follows:
I) Course Name: Permanent jewelry training with Flash and Fuse
II) Course Description:
This course is intended to provide information and education in permanent jewelry.
III) Total Course Fees ("Fees"): subject to each individual at the time of purchase.
IV) Course URL: Www.Flashandfuse.com
Article 2 - ASSENT & ACCEPTANCE:
By purchasing and participating in the Course, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. This course is 100% non refundable due to the nature of access after purchasing. You agree to these terms when purchasing the course at www.flashandfuse.com and it is clearly written in the description of the course at the URL listed above. Course Provider only agrees to provide the Course to you if you assent to this Agreement.
Article 3 - AGE RESTRICTION:
You must be at least 18 (eighteen) years of age to use this Website, participate in the Course or access any Services contained herein. By participating in the Course, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. Course Provider assumes no responsibility or liability for any misrepresentation of your age.
Article 4 - LICENSE TO USE WEBSITE & ACCESS COURSE MATERIALS:
We may provide you with certain information as a result of your accessing of the Course through the Website. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Course ("Materials"). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the Course and your use of the Website. The Materials may not be used for any other purpose, and this license terminates upon your completion of the Course, your cessation of use of the Course or the Website, or at the termination of this Agreement.
Article 5 - COURSE TERMS:
The Course does not have a structured start date, which means you may begin it at any time. Whether or not the Course has been completed, it will expire the following amount of time after purchase: 2 years.
At the completion of the Course, you will receive a certificate evidencing your participation in, and completion of, the Course.
The Course and any of its accompanying Materials may not be shared with any party. If we suspect that the Course or Materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Course, in our sole and exclusive discretion.
We do not offer any promises or guarantees with regard to our Course or Course Materials. You hereby acknowledge and agree:
A) You are solely and exclusively responsible for the choices that you make with regard to this Course, the Materials contained within it, or any significant changes to your business or life;
B) You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;
C) We are not liable for any result or non-result or any consequences which may come about due to your participation in the Course;
D) This Course does not constitute a therapeutic relationship or a medical one. We do not provide therapy or medical services and you are responsible for procuring these services at your own will and discretion if needed.
5.1PERSONAL RESPONSIBILITY. By using our service, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on the Website or coaching sessions or the resources available for download from the Website or other PRC platforms you are directed. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended.
5.2 You agree that The Course Provider has not made any guarantees about the results of taking any action, whether recommended on Company’s Website, coaching sessions / workshops or not. The course provider provides educational and informational resources that are intended to help users of our website and our services succeed in their business and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of The Course Provider.
5.3 You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of the Company or otherwise – applying the principles set out in this Website or coaching sessions or workshops are no guarantee that you or any other person or entity will be able to obtain similar results.
5.4 NO ENDORSEMENTS. From time to time, the Company will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The Company provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.
5.5 The Parties to this agreement recognize that Floridas fundamental public policy favors the enforceability of arbitration agreements, and that Florida resolves all doubts concerning the arbitrability of the subject matter of a dispute in favor of arbitration.
You further acknowledge and agree that by way of your contractual relationship with The Course Provider, as reflected herein, both you and The Course Provider are engaged in transactions involving interstate commerce. As such, you acknowledge and agree that any arbitration process which may be compelled by this contract, as necessary and required to resolve any dispute, controversy or claim which may arise under this contract, will be governed by the Federal Arbitration Act (“FAA”).
Any dispute, controversy, or claim between the undersigned and The Course Provider arising out of or related to these Terms or any breach or termination of these Terms, including but not limited to the services provided by The Course Provider, or any alleged violation of any federal, state, or local statute, regulation, common law, or public policy, whether sounding in contract, tort, or statute, shall submitted to confidential arbitration at the United States Middle district of Florida
Article 6 - INTELLECTUAL PROPERTY:
You agree that the Materials, the Course, the Website, and any other Services provided by the Course Provider are the property of the Course Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
CLASS ACTION WAIVER. Except for representative claims which cannot be waived under applicable law and which are therefore excluded from this Agreement, the Parties waive the right to assert, participate in, or receive money or any other relief from any class or collective claims against each other in court, arbitration, or any other proceeding. Each party shall only submit their own individual claims against the other and will not seek to represent the interests of any other person. The arbitrator shall have no jurisdiction or authority to compel any class or collective claim, or to consolidate different arbitration proceedings with or join any other party to an arbitration between the Parties. The arbitrator, not any court, shall have exclusive authority to resolve any dispute relating to the enforceability or formation of this Agreement and the arbitrability of any dispute between the Parties, except for any dispute relating to the enforceability or scope of the class and collective action waiver, which shall be determined by a court of competent jurisdiction.
5.12 If any term or provision of this Agreement is 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.
5.13Captions and headings of the sections and paragraphs of this Agreement are intended solely for convenience and no provision of this Agreement is to be construed by reference to the caption or heading of any section or paragraph.
5.14 The terms of this Agreement are contractual and are the result of arm’s length negotiations among the Parties. Each Party has cooperated in the drafting and preparation of this Agreement. Hence, in any construction to be made of this Agreement, the same shall not be construed against any Party, and the canon of contractual interpretation set forth in Civil Code Section 1654 or other similar law shall not be applied.
5.15 This Agreement may be executed by electronic or facsimile signature, each of which shall be deemed an original.
Article 7 - YOUR OBLIGATIONS:
As a participant in the Course, you will be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to participate in the Course. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.
The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the Course or the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
OBLIGATIONS: As a participant in the Course, you will be asked to undertake and complete the following obligations:
Students must pass All quizzes and test in order to obtain certification at the end of the course.
Article 8 - PAYMENT & FEES:
As noted above, the total Fees for the Course are as follows:Paid in full before course access.
The entirety of the Fees are due and payable upon your registration in the Course.
Article 9 - ACCEPTABLE USE:
You agree not to use the Course or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Course or the Website in any way that could damage the Course, Website, Services, or general business of the Course Provider.
a) You further agree not to use the Course or the Website:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Course Provider or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
Article 10 - NO LIABILITY:
The Course and Website are provided for informational purposes only. You acknowledge and agree that any information posted in the Course, in the Materials, or on the Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your participation in the Course is at own risk. We do not assume responsibility or liability for any advice or other information given in the Course, in the Materials, or on the Website.
Article 11 - REVERSE ENGINEERING & SECURITY:
Terms and Disclosures Agreement between User and www.flashandfuse.com
Welcome to www.flashandfuse.com The www.flashandfuse.com website (the “Site”) is comprised of various web pages, related courses, links, forums, online discussions, and other materials operated by Microblade St Pete DBA Flash and Fuse. (“Flash and Fuse” and “Course Materials”) for which you have paid or are paying PRC to access. Your access to the Site is conditioned on your acceptance, without modification, of these terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference. You and Flash and Fuse may be referred to herein individually as a “Party” and together as the “Parties.” The Parties understand, agree, and affirm that the transaction and services encompassed by the Terms are commercial transactions between businesses and do not involve the sale of good or services for personal, family, or household purposes.
Electronic Communications
Visiting the Site or sending emails to Flash and Fuse ([email protected] or via Social Media @flashandfuse) constitutes electronic communication. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Flash and Fuse is not responsible for third party access to your account that may result in theft or misappropriation of your account. Flash and Fuse and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Our courses / services are intended solely for Users who are at least age 18 years of age or older. Any use of or access to our E-course or service by anyone under such age, is unauthorized, unlicensed and in violation of these Terms. By purchasing our course / service, you represent and warrant that you are 18 years or older and that you agree to abide by these Terms and the terms and conditions of the Mentorship Agreement (if applicable). Flash and Fuse has the sole right and discretion to determine whether to sell our course / service to any individual and may reject a purchase by any individual with or without explanation.
ASSIGNMENT/ DELEGATION
You shall not assign any rights, or delegate or subcontract any obligations, under these Terms without Flash and Fuse’s prior written consent. Any assignment in violation of the foregoing shall be deemed null and void. Flash and Fuse may freely assign its rights and/or delegate or subcontract any obligations under these Terms at any time. Subject to the limits on assignment stated above, these Terms will inure to the benefit of, be binding on, and be enforceable against each of the Parties and their respective successors and assigns.
Cancellation/Refund Policy
Subscriptions are final. No refunds will be issued, though an alternate program may be available as a replacement.
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 Flash and Fuse and The Course Provider 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. The Course Provider is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Flash and Fuse 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 domain, you hereby acknowledge and consent that Flash and Fuse may share such information and data with any third party with whom Flash and Fuse has a contractual relationship to provide the requested product, service or functionality on behalf of Site users and customers.
NO UNLAWFUL/PROHIBITED USE OF INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site, services, and Flash and Fuse Materials strictly in accordance with these Terms. As a condition of your use of the Site, services, or Course Materials, you warrant to Flash and Fuse that you will not use the Site, services, or Flash and Fuse course Materials for any purpose that is unlawful or prohibited by these Terms. You may not use the Site, services, or Flash and Fuse Course Materials in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for you.
The copying, redistribution, use or publication by you of any of the content within our Site, services, or Flash and Fuse Course Materials is strictly prohibited. Your purchase of access to our Site, services, or Flash and Fuse Course Materials does not grant you any ownership rights to the materials contained on our Site, services, Flash and Fuse Course Materials. Any breach of these Terms may result in termination of your access to the Site, services, or Flash and Fuse Course Materials.
All content included as part of the Site, services, or Flash and Fuse Course Materials such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Flash and Fuse Course or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not 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 on the Site. Flash and Fuse Course content is not for resale. Your use of the Site 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 personal use and will make no other use of the content without the express written permission of Flash and Fuse Course 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 Flash and Fuse Course or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Flash and Fuse from our offices within the United States of America (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 Flash and Fuse Course Materials accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Flash and Fuse, its officers, directors, employees, agents and/or shareholders, for any claims, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site, services, or Flash and Fuse Course Materials (including claims, suits, losses, costs, liabilities and expenses arising from and/or involving the ordinary, sole or comparative negligence or fault of Flash and Fuse, its directors, employees, agents and/or shareholders), any user postings made by you, your violation of any of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Flash and Fuse 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 Flash and Fuse in asserting any available defenses.
Arbitration
The Parties to this agreement recognize that Florida’s fundamental public policy favors the enforceability of arbitration agreements, and that Nevada resolves all doubts concerning the arbitrability of the subject matter of a dispute in favor of arbitration.
You further acknowledge and agree that by way of your contractual relationship with Flash and Fuse, as reflected herein, both you and Flash and Fuse are engaged in transactions involving interstate commerce. As such, you acknowledge and agree that any arbitration process which may be compelled by this contract, as necessary and required to resolve any dispute, controversy or claim which may arise under this contract, will be governed by the Federal Arbitration Act (“FAA”).
Any dispute, controversy, or claim between the undersigned and Flash and Fuse arising out of or related to these Terms or any breach or termination of these Terms, including but not limited to the services provided by Flash and Fuse, or any alleged violation of any federal, state, or local statute, regulation, common law, or public policy, whether sounding in contract, tort, or statute, shall submitted to confidential arbitration( https://www.flmd.uscourts.gov)Any arbitral award determination shall be final and binding upon the Parties. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. The proceedings and decision will not be disclosed to the public and will remain confidential among the Parties.
Class Action Waiver
Except for representative claims which cannot be waived under applicable law and which are therefore excluded from this Agreement, the Parties waive the right to assert, participate in, or receive money or any other relief from any class or collective claims against each other in court, arbitration, or any other proceeding. Each party shall only submit their own individual claims against the other and will not seek to represent the interests of any other person. The arbitrator shall have no jurisdiction or authority to compel any class or collective claim, or to consolidate different arbitration proceedings with or join any other party to an arbitration between the Parties. The arbitrator, not any court, shall have exclusive authority to resolve any dispute relating to the enforceability or formation of this Agreement and the arbitrability of any dispute between the Parties, except for any dispute relating to the enforceability or scope of the class and collective action waiver, which shall be determined by a court of competent jurisdiction.
Equitable Remedies
You acknowledge that the ability to reserve the Site and/or Flash and Fuse Course Materials for the exclusive use of Flash and Fuse is of great importance and commercial value to Flash and Fuse and that improper use or disclosure of the Site or Flash and Fuse Materials by you will cause irreparable harm to Flash and Fuse, for which remedies at law will not be adequate. In the event of a breach or threatened breach by you of any of the provisions of these Terms, you hereby consent and agree that Flash and Fuse shall be entitled to seek, in addition to other available remedies, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that monetary damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.
Termination/Access Restriction
Flash and Fuse reserves the right, in its sole discretion, to terminate your access to the Site and/or Flash and Fuse Materials and the related services or any portion thereof at any time, without notice. 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 Flash and Fuse as a result of these Terms or use of the Site. Flash and Fuses performance of these Terms is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Flash and Fuse’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 Flash and Fuse 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 herein, 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, these Terms constitute the entire agreement between the user and Flash and Fuse with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Flash and Fuse 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.
Change of Terms
Due to the otherwise indeterminate duration of this agreement, Flash and Fuse reserves the right, in its sole discretion, to occasionally change the Terms under which our programs are offered. The most current version of the Terms will supersede all previous versions. Flash and Fuse encourages you to periodically review the Terms to stay informed of our updates, as your mutual assent to these changes will be inferred from your failure to object to the same. Moreover, any objection by you to any of the occasional changes to these Terms will result in the immediate termination of this agreement. If you wish to continue with the use of the Site, Flash and Fuse’s services, and Flash and Fuse Materials you must agree to abide by these Terms, including these occasional changes. These Terms shall be governed and construed in accordance with applicable federal law and the substantive laws of the State of Nevada.
Disclaimer
The purpose of the Site, services, and Flash and Fuse Materials is to assist you with marketing/setting up your business and training you to perform Permanent Jewelry as described in the product listing. Having said this, everyone is different, and what works for some might not work for others (for a variety of reasons or no reason at all). This Site, and the content on it, reflects the personal experiences of Flash and Fuse and those experiences and advice may or may not transfer effectively to your business and subject matter. Flash and Fuse cannot guarantee weekly group training / coaching indefinitely. You also agree and understand that material interruptions or delays in your participation in training, coaching sessions, workshops, or programs may negatively affect your results and require you to restart training, coaching sessions, workshops, or programs.
NO REPRESENTATIONS GUARANTEES OR WARRANTIES WITH REGARD TO THE COMPLETENESS, ACCURACY, FITNESS, EFFECTIVENESS OR APPLICABILITY OF ANY STRATEGY, INFORMATION OR ADVICE DETAILED WITHIN THE SITE, SERVICES, OR FLASH AND FUSE MATERIALS, INCLUDING VIDEOS OR TRAINING / COACHING IS ANY REPRESENTATION, GUARANTEE OR WARRANTY MADE REGARDING OUTCOMES ACHIEVED BY APPLYING THE STRATEGIES, INFORMATION AND ADVICE PROVIDED HEREIN.
The concepts promoted on this site are not “get rich quick” schemes. They require testing and effort. The success of said techniques is dependent upon the person using the tactics and the effort given. Some techniques may simply not work with certain individuals or businesses. Every effort has been made to accurately represent past experiences. Past performance may not be indicative of future performance.
Any testimonials and examples used are exceptional results that do not apply to the average purchaser and are not intended to represent or guarantee that you will achieve the same or similar result. Everyone’s success depends on his or her background, dedication, desire and motivation. As with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee
of revenue or profit. Flash and Fuse does not offer legal advice for setting up a business, working in specific jurisdictions, or any matter regarding taxes. For this, speak with a legal professional.
Compensation and Affiliate Disclosure
You will find recommendations regarding certain resources that may help you in achieving your goal(s). You should assume we have a revenue relationship with these companies, better known as an affiliate relationship. If you visit any of these sites and make a purchase, we will be compensated for that sale (within Flash and Fuse’s affiliate guidelines).
We only mention and recommend products or services we have used or are readily known to be of a benefit to us. We do not receive compensation in the form of free promotional products for the mention of any product or service. Every effort is made to present you with an accurate portrayal of the potential of the products or services mentioned. Having said this, there is no guarantee that your use of any of these products or services will increase your revenue or help you meet your business goals. You should purchase, and use, said products only after performing your own due diligence.
Liability Disclaimer
You agree that Flash and Fuse has not made any guarantees about the results of taking any action, whether recommended on the Site, training or coaching sessions & workshops, or Flash and Fuse Materials, or not. Flash and Fuse provides educational and informational resources that are intended to help users of our Site, our services, or Flash and Fuse Materials succeed in their business and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Flash and Fuse.
PERSONAL RESPONSIBILITY. By using our site or service, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on the Site or coaching sessions or the Flash and Fuse Materials available for use or download from the Site. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of Flash and Fuse or otherwise – applying the principles set out in the Site or coaching sessions or workshops are no guarantee that you or any other person or entity will be able to obtain similar results.
NO ENDORSEMENTS. From time to time, Flash and Fuse will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. Flash and Fuse provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.
The videos created and publicized on this site are for information.
WE HAVE USED OUR BEST EFFORTS IN PRODUCING THE VIDEOS, BUT MAKE NO REPRESENTATIONS, GUARANTEES OR WARRANTIES WITH REGARD TO THE
COMPLETENESS, ACCURACY, FITNESS OR APPLICABILITY OF THE INFORMATION THEREIN TO YOUR VENTURE.
If you wish to apply the concepts put forth in these videos, you are solely responsible for doing so and the results thereof. Everyone’s success depends on his or her background, dedication, desire, motivation and focus. We do not offer legal advice for setting up a business, working in specific jurisdictions, or any matter regarding taxes. For this, speak with a legal professional.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PRC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
PRC 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 ON THE SITE 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. Flash and Fuse 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 Flash and Fuse 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PRC AND/OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
OUR SITE AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. FLASH AND FUSE AND ALL AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SITE OR CONTENT. PRC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR SITE OR CONTENT. Flash and Fuse DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICES FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH OUR SITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
IN NO EVENT WILL FLASH AND FUSE, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, VENDORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR MISUSE OF THE SITE, COACHING, SERVICES, OR Flash and Fuse MATERIALS WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Flash and Fuse’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR ACCESS TO THE SITE, COACHING, SERVICES, OR FLASH AND FUSE MATERIALS WE PROVIDE PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Course or Website;
b) Violate the security of the Course or Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
Article 12 - DATA LOSS:
We do not assume or accept responsibility for the security of your account or content. You agree that your participation in the Course or use of the Website is at your own risk.
Article 13 - INDEMNIFICATION:
You agree to defend and indemnify the Course Provider and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your participation in the Course, your use or misuse of the Website, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defense, if we wish.
Article 14 - SPAM POLICY:
You are strictly prohibited from using Course for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Article 15 - MODIFICATION & VARIATION:
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
Article 16 - ENTIRE AGREEMENT:
This Agreement constitutes the entire understanding between the Parties with respect to the Course. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
Article 17 - SERVICE INTERRUPTIONS:
We may need to interrupt your access to the Course to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Course and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
Article 18 - TERM, TERMINATION & SUSPENSION:
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Please be advised that terminating this Agreement does not entitle you to a refund on any monies spent with us.
Article 19 - NO WARRANTIES:
You agree that your participation in the Course and your use of the Website is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Course or Website will meet your needs or that the Course or Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information in the Course or on the Website. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your participation in the Course or your use of the Website is your sole responsibility and that we are not liable for any such damage or loss.
Article 20 - LIMITATION ON LIABILITY:
We are not liable for any damages that may occur to you as a result of your participation in the Course or your use of the Website, to the fullest extent permitted by law, as noted above. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
Article 21 - GENERAL PROVISIONS:
A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Course and your use of the Website, you agree that the laws of Florida shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: FLORIDA, Florida. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: FLORIDA. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Florida. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Course Provider, the rights and liabilities of Course Provider will bind and inure to any assignees, administrators, successors, and executors.
E) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
H) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
I) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: [email protected]