Terms and Conditions

Terms and Conditions
Last Revised: June 8, 2021

These terms and conditions govern your use of this web site. By accessing this web site, you are acknowledging and accepting these terms and conditions. These terms and conditions are subject to change by Eternal Ventures, LLC or one of the companies it manages, including but not limited to Advance Your Reach, LLC, AYR Stage Agency, LLC and Platform University, LLC (hereinafter “Company”, “We” or collectively “Companies”) at any time and at our discretion without notice. Except as specified elsewhere herein, your use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this web site. If you do not agree with the terms and conditions, please do not use or access the website.

Please read carefully, and note our MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION.

1. INTELLECTUAL PROPERTY

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us using the contact information listed in the section entitled “Contacting Us”.

By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to the COMPANY through the website, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting the COMPANY, and anyone authorized by COMPANY, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant the COMPANY, and anyone authorized by the COMPANY, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

2. ABILITY TO ACCEPT TERMS AND CONDITIONS

You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

3. REFUND POLICY

The COMPANY offers online registration for a number of its programs. Current refund policies are as follows, and may change from time-to-time. If the program or product is not listed below we do not offer refunds on those programs or products.

A. PLATFORM LIVE

Registration is first-come, first-served. All Platform Live tickets of any level are not eligible for a refund and are non-transferable.

ALL TICKET ACCESS LEVELS:

• Tickets Received As A Bonus To Another Program or Discounted As Part of Another Program: A refundable seat deposit is required to claim your bonused ticket. When you show up at the event, either in person or virtually, depending on your ticket type, we will refund the deposit to you. If you fail to show up at the event, the seat deposit is non-refundable and non-transferable, regardless of circumstance. There are no refunds or in-kind cash value transfers for tickets received as a bonus.
• Tickets You Purchased: Full-price tickets that you purchased are non-refundable and non-transferrable, regardless of circumstance.
• Tickets You Upgraded: Upgrades to Platform Live Speak-Off tickets are non-refundable and non-transferrable, regardless of circumstance.
• Power Pack Box Purchased to Claim Ticket: There are no refunds or in-kind cash value transfers for Power Pack Boxes, regardless of circumstance, as these are materials for a one-time virtual event.

IN-PERSON ACCESS TICKETS:

• You are responsible for all costs associated with travel (flights, transfers, meals on the road) to attend and be present at this event.
• You are responsible for your own lodging costs, which may be arranged at any hotel/venue you choose and not through a room block arranged by the Company.
• You are able to request a virtual-only access ticket if your circumstances change and you are not able to attend in person. However, no refund or credit will be extended by the fulfillment of this request by Company due to the financial obligations already committed to on your behalf by Company.
• COMPANY takes the health and safety of our community members seriously. You acknowledge and understand that you will not be allowed to attend the in-person component of the event should you begin feeling unwell or test positive for COVID-19 within 2 weeks of the in-person access to the event. There will be no refunds if your participation is required to be virtual instead of in-person due to illness or other such emergency.
• Dates, times, locations, and structure of the Platform Live event are subject to change, including without limitation, modifying the Platform Live event from a hybrid (live, in-person and digital virtual combined event) to a digital virtual only Platform Live event.
• COMPANY reserves the right to terminate this enrollment for any reason it deems appropriate. Refunds will be reviewed on a case-by-case basis.
• Personal Use and No Recording: You agree that by participation in or attending the Platform Live event, you expressly agree not to record by audio or video any portion of the Platform Live event, nor will you publish, post on the internet or otherwise make publicly available any recording of any portion of the Platform Live event. You also understand and agree that all written and/or electronic materials provided by COMPANY in connection with the Platform Live event are protected by the copyright laws, and you agree not to use any and all such written/electronic materials (collectively, the “Materials”) in any form after the Platform Live event, other than for your personal use. You further agree that, other than for your personal use, you shall not make any summary or other derivate work of the Platform Live event or the Materials in electronic, written, audio, video or any other form, and post or publish online or otherwise distribute to any third parties any such summary materials.

B. Advance 360° iNTERACTIVE (final event date June 10-12, 2021)

Registration is first-come, first-served. All Advance 360° iNTERACTIVE tickets of any level are not eligible for a refund and are non-transferable.

ALL TICKET ACCESS LEVELS:

• Tickets Received As A Bonus To Another Program: There are no refunds or in-kind cash value transfers for tickets received as a bonus. The ticket is non-transferable, regardless of circumstance, as this is a one-time virtual event.
• Tickets You Purchased: Full-price tickets that you purchased are eligible are non-refundable and non-transferable, regardless of circumstance, as this is a one-time virtual event.
• Tickets You Upgraded: Upgrades to Advance 360° iNTERACTIVE Speak-Off tickets are non-refundable and non-transferable, regardless of circumstance, as this is a one-time virtual event.
• Power Pack Box Purchased to Claim Ticket: There are no refunds or in-kind cash value transfers for Power Pack Boxes, regardless of circumstance, as these are materials for a one-time virtual event.

IN-PERSON ACCESS TICKETS:

• You are responsible for all costs associated with travel (flights, transfers, meals on the road) to attend and be present at this event.
• You are responsible for your own lodging costs, which may be arranged at any hotel/venue you choose and not through a room block arranged by the Company.
• You are able to request a virtual-only access ticket if your circumstances change and you are not able to attend in person. However, no refund or credit will be extended by the fulfillment of this request by Company due to the financial obligations already committed to on your behalf by Company.
• COMPANY takes the health and safety of our community members seriously. You acknowledge and understand that you will not be allowed to attend the in-person component of the event should you begin feeling unwell or test positive for COVID-19 within 2 weeks of the in-person access to the event. There will be no refunds if your participation is required to be virtual instead of in-person due to illness or other such emergency.

C. Execution Workshops

• You may cancel your Execution Workshop order within three business days from the date of order. To further clarify, no refunds will be issued after three business days, and all monthly payments must be paid on a timely basis.
• If monthly payment becomes more than 30 days late, the entire balance becomes due and payable at day 31.
• Should a circumstance arise where you cannot attend the Execution Workshop for which you registered, your ticket is transferable to the same Execution Workshop scheduled to a future date within one year of purchase subject to availability. If such a transfer is deemed necessary, you will be charged a $500 change fee for coaching, staffing resources, and other expenses that COMPANY contracted to deliver an amazing experience for your original date selection contracted to deliver an amazing experience for your original date selection.

D. Platform Accelerator, Platinum Accelerator, Platform Pro Accelerator, Reach Accelerator Silver, Gold and Platinum levels (hereinafter referred to as “Accelerator Level”) are held to the below terms and conditions:

• Any Accelerator Level is a 1-year program. No refunds or cancellations will be issued after the initial 72 hour refund period.
• If a monthly payment plan has been chosen it does not qualify Accelerator as a subscription product and therefore cannot be canceled.
• Terms only end once the full amount has been paid.
• All monthly payments must be paid on a timely basis. If monthly payment becomes more than 30 days late, the account will be suspended and the entire balance becomes due and payable at day 31.
• In the event your Accelerator Level is being paid for on a payment plan, you must pay the proportionate portion of your payment plan that is equivalent to each Execution Workshop before being eligible to attend said workshop.
  For example, if you are in our Platform Accelerator program for four (4) workshops and are in a payment plan for that level, you must have one-fourth (1/4th) of the payment plan paid before attending Execution Workshop 1, one-half (1/2) of the payment plan paid before attending Execution Workshop 2, three-fourths (3/4ths) of the payment plan paid before attending Execution Workshop 3, and all of the payment plan paid before attending Execution Workshop 4.

2020 Advance 360° iNTERACTIVE Accelerator enrollment:

• In the event you made a $997 initial payment towards your Accelerator Level purchase during Advance 360° iNTERACTIVE 2020, you will be charged your remaining balance as follows:
• Full Pays: Your remaining balance on May 11, 2020, or
• Payment Plans: Your remaining 11 Payments will be charged in 30 day increments beginning on June 4th, 2020

In the event your account is overdue, COMPANY may revoke your access to the following Accelerator Level content, even if the following was shared as a bonus for purchasing the Accelerator Levels:

• All-access digital pass to all online content
• Membership site access
• Private Facebook groups
• Scheduled Accountability Calls

The Platform Accelerator and Year Two and beyond Platform Pro Coaching program are the only levels eligible to attend the live Community Building bonus events, which are more fully detailed below.

The Platform Accelerator (June 2021 class) is eligible for a 12-month complimentary subscription to Funnel Gorgeous software and some of the corresponding Company templates within the software.

• Company will pay the 12-month subscription on your behalf unless you fail to make timely payments or fail to make payments to Company for your Platform Accelerator purchase.
• After the complimentary 12-month subscription expires, you will be responsible for continuing payment to Funnel Gorgeous to keep your access to their software and the templates

E. Platform Pro Coaching (f/k/a Reach Accelerator Bronze level)

Platform Pro Coaching (f/k/a Reach Accelerator Bronze level) (hereinafter referred to as “Platform Pro”) are held to the terms and conditions for All Digital Programs as outlined on this site. . In addition, the below terms apply:

• Platform Pro Coaching is a 1-year program. No refunds or cancellations will be issued after the initial 72 hour refund period. If a monthly payment plan has been chosen it does not qualify Platform Pro Coaching as a subscription product and therefore cannot be canceled. Terms only end once the full amount has been paid.
• All refunds outside of this policy are discretionary as determined by the COMPANY.

In the event your account is overdue, COMPANY may revoke your access to the following Platform Pro content, even if the following was shared as a bonus for purchasing Platform Pro:

• All-access digital pass to all online content EXCEPT Stage to Scale Method Digital Course and EXCEPT Stage to Scale Online
• Membership site access
• Private Facebook groups
• Scheduled Accountability Calls

Platform Pro Coaching clients are not eligible to attend the Community Events in year one of their Program but are eligible to attend in year two and subsequent years.

• At the end of your term, your Platform Pro will automatically renew for an additional term equal in investment to your initial payment plan and processed under the same payment terms. For example, if you previously selected a monthly payment plan, you will automatically be charged monthly during the renewal term of one (1) year. And for example, if you previously selected an annual payment, you will automatically be charged an annual payment for your one (1) year renewal term. Your investment price will be grandfathered in at the same price point at which you paid initially until such time that you opt out of the Platform Pro. At the time you opt-out of , you will lose all pricing previously offered.
• If you were bonused a 12-month free trial of Platform Pro with your investment into Platform Pro, upon the completion of the initial 12-month trial period you will automatically be charged the grandfathered monthly rate upon starting on the 13th month in order for you to maintain access to your Platform Pro subscription beyond the term of the initial Platform Pro. You may choose to contact our team to upgrade to an annual subscription at to take advantage of a full pay discount at any point prior to your 13th month. You may contact us to cancel your subscription before the next renewal and billing date in order to avoid a charge for the following subscription period. You may cancel your membership by contacting info@advanceyourreach.com or through your customer hub access. Until you terminate your membership, you authorize our billing company to charge your credit card (or other approved facility or mechanism) for the ongoing subscription fee. You will not receive a refund for the fees you already paid for your current subscription period. At the time of cancellation, you will lose all pricing previously offered should you choose to renew and will be charged with current list pricing.

F. Community Building Bonus Events

OHANA FAMILY REUNION (F/K/A MOVARA FITNESS RESORT) COMMUNITY BUILDING BONUS EVENT (hereinafter “Community Event”)

• Only Platform Accelerator customers or Year Two and beyond Platform Pro Coaching customers are eligible to attend the Community Event.
• You are eligible to attend only one of these Community Events per year. Your account must be current (no past due payments) in order to be eligible to attend.
• COMPANY is under no obligation to facilitate more than one Community Event bonus event per year.
• No spouses or business partners are allowed to attend with you if they themselves are not a Platform Accelerator client of COMPANY.
• You are responsible for all costs associated with travel (flights, transfers, meals on the road) to attend and be present at this event.
• In order to attend this event, you must stay at the Community Event venue under the COMPANY room block. A $950 lodging fee paid to COMPANY is required to hold your spot and will completely cover your lodging cost. This lodging fee is non-refundable as there is a limited supply of spots for this event and it will be difficult to replace should you decide to not attend after committing to the event initially.
• All lodging at the Community Event venue will be based on double occupancy (shared rooms with a COMPANY team member or another Platinum Accelerator).
• COMPANY will do our best to accommodate roommate requests, but cannot guarantee you will be able to room with your preferred choice.
• In the event single occupancy is needed AND there is single occupancy available, you may buy out the entire lodging room for an additional $1,500 fee (covers the 2nd occupant lodging plus the experience cost COMPANY will be charged without a second person in attendance). There is no guarantee made by COMPANY that single occupancy will be available.
• The Community Event does not include 1-on-1 consultations with instructors or additional venue amenities. If you choose to take advantage of any such offering it will be at your own expense.
• COMPANY takes the health and safety of our community members seriously. You acknowledge and understand that you will not be allowed to attend the Community Event should you begin feeling unwell or test positive for COVID-19 within 2 weeks of the experience.

G. COMPANY STAGE AGENCY

• You agree that if you are accepted as a client of the AYR Stage Agency,LLC you are responsible for full payment of fees for the entire program and/or services, regardless of whether you have selected a lump sum or monthly payment plan.
  If paying monthly, there is a SIX-MONTH MINIMUM COMMITMENT to join AYR Stage Agency, LLC as a client. You will be notified by the AYR Stage Agency, LLC within 30 days of the end of your initial term that the contract will automatically renew on a monthly basis until either party gives notice in writing that they do not wish to continue the agreement with a minimum 30 days notice. No refunds will be issued and all monthly payments must be paid on a timely basis. If monthly payment becomes more than 10 days late, COMPANY reserves the right to suspend all activity on Speaker Client’s behalf until all payments have been caught up per the payment schedule. If monthly payment becomes more than 30 days late, the entire balance becomes due and payable at day 31.

H. All Digital Programs (Except for Challenges) – Including, Stage to Scale Method Digital Course, Stage to Scale Method Online, Stage to Scale Method Alumni Coaching, Create Your Course in 7 Days, Rise Up World Online Course, and monthly membership sites, including Rise Up + Monthly Membership Levels (Basic and Premier)

There are NO REFUNDS available for any digital courses or monthly memberships other than those specifically stated in this Section 3 Part G. In order to maintain access to membership site content, monthly membership payments must be made. In the event payment fails or memberships fees are not paid, access to the membership site will be revoked.

Stage To Scale Method:

• We offer a 14-day conditional refund for purchases on the Stage to Scale Method. However, in order to qualify for a refund, you must submit proof that you did the work in the course and it did not work for you. In the event that you decide your purchase was not the right decision, within 14 days of enrollment, contact our support team at info@advanceyourreach.com and let us know you’d like a refund by the 14th day at 11:59 PM MT.
• You must include your coursework with your request for a refund (and when applicable, you must also return any physical items shipped to you as outlined below). If you request a refund and do not include your coursework and the return of any physical products originally shipped to you with a postmark or proof of shipping by the 14th day, you will not be granted a refund.
• The work and items that you need to submit with your request for a refund includes ALL of the following items:
  • Completed handouts and/or worksheets for all exercises in Modules 1 and 2 for any courses with handouts and/or worksheets included.
  • For the Stage to Scale Method with Coaching included, you must also provide the dates and times of at least 1 live (not recorded) coaching call that you attended for AYR to verify your participation from AYR’s records.
• Return any physical products that you received with the Stage to Scale Method with Coaching to the following address: Proforma ATTN: Advance Your Reach 2020 West University Ave. Gainesville, FL 32603
• A refund will NOT be given unless you have completed the exercises and submitted the proof explained above. If AYR cannot verify your compliance from the information you provided, then no refund will be given.
• We will also NOT provide refunds more than 14 days following the date of purchase. After day 14, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.
• Please note: If you opted for a payment plan and have not refunded according to the refund policy within 14 days, you are required to complete the remaining payments of your payment plan.
• All refunds outside of this policy are discretionary as determined by COMPANY

Stage to Scale Method: Network Marketers Edition

• We offer a 14-day conditional refund for purchases of the Stage to Scale Method – Network Marketers Edition. We will NOT provide refunds more than 14 days following the date of purchase. After day 14, all payments are non-refundable and you are responsible for full payment of the fees of the program regardless if you complete the program.
• Please note if you opted for a payment plan and do not refund according to the refund policy within 14 days, you are required to complete the remaining payments of your payment plan.
• All refunds outside this policy are discretionary as determined by the Company.

I. Challenges

• You agree that all videos for COMPANY Challenges come down after the Challenge. In paying to enter a Challenge you do not under any circumstance own the content delivered in the Challenge. This content will only be available during the duration of the Challenge unless otherwise offered as a digital product for sale by COMPANY and subject to the below Challenges terms and conditions.
• You may request a refund within 72 hours of purchase of any challenge registration fees only.
• Add-on orders originating from Challenges (i.e: backstage pass access, access to recordings after challenges are completed, or digital resource or tool downloads purchased on order form; “Order Bumps”), and any one-time-offers (“OTO’s”) originating in the sales funnel for the challenge (i.e.: tickets to virtual or live events) are NOT eligible for a refund.
• Any requests for refunds of the challenge registration fees after 72 hours from purchase are not eligible for a refund.
• All refunds outside of this policy are discretionary as determined by COMPANY.
• Any Challenge digital recording packages purchased will include recordings of guests speakers UNLESS a guest speaker does not grant permission to COMPANY to use their recorded likeness, image, or voice, which does occur from time to time and is not within the control of COMPANY.
• Digital recording packages may or may not include bonus events, such as multi-hour live streams of special guests on designated days.

J. Half-Day Virtual Workshops or Masterminds

No refunds will be issued after 72 hours from purchase. All payments must be received before participating in a half-day virtual workshop.

Should a circumstance arise where you cannot attend the Workshop for which you registered, your ticket is transferable to another event within one year of purchase subject to availability.

• You agree that all videos for COMPANY workshops come down after the workshop. In paying to enter a workshop you do not under any circumstance own the content delivered. This content will only be available during the duration of the workshop unless otherwise offered as a digital product for sale by COMPANY and subject to the below workshop’s terms and conditions.
• In the event you attend a Half Day Virtual Workshop or Mastermind, you will not be eligible for a refund after attending the workshop.
• You may request a refund within 72 hours of purchase of any workshop registration fees or orders originating from workshops (i.e: access to recordings after workshops are completed; “Order Bumps”), and any one-time-offers (“OTO’s”) originating in the sales funnel for the workshop (i.e.: tickets to virtual or live events).
• Any requests for refunds of the workshop registration fees or Order Bumps after 72 hours from purchase are not eligible for a refund.
• Any OTO refund requests after 72 hours from purchase are not eligible for a refund.
• All refunds outside of this policy are discretionary as determined by COMPANY.

4. PRODUCT DELIVERY / MEMBERSHIP SITE / CONDUCT

A. For products that you purchase from us that are delivered through a download link, you will be given a URL to access and download the product(s) you purchased. In such instances, you agree not to share the download link with other people who did not purchase the product(s).

B. For products that you purchase from us that are delivered through a membership site, you will be given a user name and password to access the course materials and tools. In such instances, you agree not to share your login information with other people who did not purchase the product(s). You will not sell access to this program or duplicate and sell any of it’s content without written permission.

C. Where applicable, the membership site is meant for informational purposes only. It is not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information on the membership site and this web site are at your own risk.

D. Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.

E. We reserve the right to discontinue or modify without notice or liability, any portion of this web site. However, in the rare event that We decide to discontinue a particular online product or service you have paid for, We will either fulfill the services for the duration of the specific term that you paid for, or in our sole discretion, We will offer you a refund for the services that were not yet rendered. If no specific duration was specified for how long a particular online product or service will be available, such product or service will be made available to you for a minimum of one year, or for however long We continue to support that version of the program, whichever is later.

F. You affirm, represent, and warrant that your participation on this web site and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You also represent and warrant that content you submit does not violate the intellectual property rights of third parties. Company reserves the right to make the final decision regarding what is appropriate. Company further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.

G. You understand and agree to not place an unreasonable burden on the server hosting this web site or membership site, to not interfere with the running of this web site and to not attempt unauthorized access to any portion of this web site.

H. You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.

I. You understand and agree not to post or transmit any information, software or other material that contains a virus or other harmful component.

J. You agree that any ideas, suggestions, or improvements that you provide to Company about Company’s products or services shall be owned by Company and that Company is free to include such ideas in future products without compensation to you.

K. You agree and understand that by participating in any group coaching program with Company, Company reserves the right to record such group coaching calls/meetings and Company shall be the owner of such recordings. Company shall have complete authority to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display the group coaching calls, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. If you do not wish to be recorded, then please do not participate in any group coaching calls/meetings.

5. PRIVACY

Please read the Privacy Policy carefully to understand how COMPANY collects, uses and discloses personally identifiable information from its users. The Privacy Policy is hereby incorporated by reference as part of these Terms and Conditions.

6. THIRD PARTY REFERENCES/HYPERLINKS

This site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.

7. CONTACTING US

If you need to contact us, you can email us at info@advanceyourreach.com, call us at (719) 203-5712, or send us a letter at: Advance Your Reach, PO Box 63138, Colorado Springs, CO 80962.

8. DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

9. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Any provision herein to the contrary notwithstanding, the maximum liability of COMPANY to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Content delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to COMPANY by You for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of COMPANY arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the web site and any services rendered hereunder and that, were COMPANY to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.

10. INDEMNIFICATION

Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this site.

11. SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and COMPANY with respect to this site and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

12. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Colorado. You hereby consent to binding arbitration in the State of Colorado to resolve any disputes arising under this Terms and Conditions.

13. ARBITRATION OF DISPUTES

Except for payment/collection issues or infringement of Company’s intellectual property, which can be heard by a court of competent jurisdiction, the parties agree that any dispute or claim in law or equity arising between them regarding the use of this web site or these Terms and Conditions, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Colorado Springs, Colorado. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of Colorado. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.

NOTICE: BY USING THIS WEB SITE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS WEB SITE.

14. CLASS ACTION WAIVER

ARBITRATION OR ANY OTHER LEGAL ACTION ARISING IN CONNECTION WITH THE USE OF THIS WEB SITE, THE SERVICES OFFERED THROUGH THIS WEB SITE, OR THESE TERMS AND CONDITIONS MUST BE ON AN INDIVIDUAL BASIS, WHERE ALLOWED BY APPLICABLE LAWS. THIS MEANS NEITHER YOU NOR COMPANY MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

15. ATTORNEYS’ FEES

In any dispute, action, proceeding, or arbitration regarding the use of this web site or these Terms and Conditions, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs and expenses upon appeal).