Licience aggrement & Terms and Conditions

Our Privacy Policy was last updated on [April 5th, 2023].

Distribution Rights

Licensing Agree and Distribution Rights

https://www.changingcourses11.com/agreement

Distribution Rights

Can the Licensee sell the Product? YES

Can the Licensee sell resell rights or master resell rights? YES

Can the Licensee include the Product in a bundle or package and sell it at a higher price? YES

Can the Product be added to a paid membership site? YES

Can members of a paid membership site download the Product and be granted the Resell Rights? NO

Can the Licensee distribute the Product for free? NO

Can the Licensee offer the Product as a bonus to another product being sold? NO

Can the Product be sold on auction sites such as eBay.com? NO

Can the Product be sold or used in a dime sale event? NO

Can video training included in the Product be modified in any way? NO

Can video training included in the Product be uploaded to other hosts without modification? YES

Is the minimum sale price for the Product $497? YES

Can the Licensee sell the Product at any price point above $497? YES

Can discounts be applied to the Product's sale price? YES, provided that the discounted price does not fall below the minimum sale price of $497.

Can offer “cash back” promotions? YES, provided that the discounted price does not fall below the minimum sale price of $497.

Can offer gifts or bonus content as a marketing promotion? YES, so long as the gift or bonus content does not violate the terms and conditions provided in the licensing agreement.

MASTER RESELL RIGHTS LICENSE AGREEMENT

Acceptance of Terms and Conditions

By purchasing, using, or distributing the product, service, or software (the "Product") known as the Roadmap to Riches provided by Changing Courses 11 LLC, whether directly from Changing Courses 11 LLC or from an authorized licensee, you, the licensee, acknowledge and affirmatively represent that you have read, understood, and agree to be bound by the terms and conditions set forth in this Licensing Agreement ("Agreement"). If you do not agree to these terms and conditions, you must immediately cease any and all use of the Product and refrain from any further use, purchase or distribution thereof.

Your act of purchasing, using, or distributing the Product, whether directly from Changing Courses 11 LLC or from an authorized licensee, constitutes your acceptance of this Agreement, including any modifications or updates that Changing Courses 11 LLC may make to this Agreement from time to time. Any such modifications or updates will be effective immediately upon notice to you, which may be given by any reasonable means including via email or through an update posted on a website provided by Changing Courses 11 LLC.

THIS MASTER RESELL RIGHTS LICENSE AGREEMENT (the “Agreement”) is made and entered into this day of purchase (the “Effective Date”), by and between Changing Courses 11 LLC, a limited liability company organized under the laws of the state of Tennessee, (hereinafter referred to as the "Licensor"), and the purchaser, an individual/business entity (hereinafter referred to as the "Licensee"). The purchase signifies agreement with all terms and conditions laid out in this Agreement.

1. Grant of License:

Subject to the terms and conditions of this Agreement, Licensor hereby grants to Licensee a non-exclusive, non-transferable license to resell the product known as "Roadmap to Riches" training program (hereinafter referred to as the "Product") in accordance with the terms of this Agreement. The Licensee may transfer the rights to resell this product if and only if the Licensee sells the product for the minimum price of $497.

2. Terms of License:

Licensee agrees to the following terms:

(a) Licensee shall not modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise tamper with the Product. This includes but is not limited to:

Selling portions of the product

Renaming the product Product Name: “Roadmap to Riches” created and copyrighted by Changing Courses 11 LLC.

Changing material within the product

Changing the creator of the product

(b) Licensee shall not claim ownership of the Product copyright.

The Licensee may claim authorship of the product for marketing and sales purposes; but must include the Changing Courses 11 LLC copyrighted material and notices.

(c) Licensee may resell the Product to end users without transferring the Master Resell Rights if they so choose. Reselling to other resellers is permitted.

IF reselling the Master Resell Rights of this product, the Licensee agrees to include these terms and conditions with the product and to ensure that all customers adhere to the Entire Agreement.

Failure to adhere to these terms and conditions will result in the revocation of the Licensees resell rights and Changing Courses 11 LLC will purse legal action for damages caused by the misuse of this Product.

(d) Licensee is not permitted to give away the Product for free, or as part of a free bundle.

It is strictly prohibited for Licensees to share this Product as a “free” add on to a bundle or other opportunity.

The Licensee MAY include additional content or opportunities with the Product so long as those opportunities do not conflict with the Community Agreement for the Roadmap to Riches original community owned by Changing Courses 11 LLC.

(e) Licensee agrees to use only the official marketing materials for the promotion of the Product.

Changing Courses 11 LLC does not endorse or permit the use of income claims for the purpose of marketing the Product.

The Licensee agrees to indemnify Changing Courses 11 LLC from any damages sought from the Licensee that are a direct result from advertising income claims.

The Licensee agrees that they are responsible for their own business and that Changing Courses 11 LLC is not a part of nor endorses the actions of their business entity.

(f) Third-Party Payment Platforms

The Licensee acknowledges and agrees to use third-party payment platforms ("Payment Platform") for the sale and distribution of the Product.

The Licensee agrees to comply with all terms, conditions, policies, and guidelines of the Payment Platform and to conduct all transactions in compliance with all applicable laws and regulations.

The Licensee shall indemnify, defend, and hold harmless Changing Courses 11 LLC, its officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees, arising from or relating to the Licensees use of the Payment Platform, including but not limited to the Licensees non-compliance with the Payment Platform's terms, conditions, policies, guidelines, or any applicable laws or regulations.

Changing Courses 11 LLC is not responsible or liable for any aspect of the Payment Platform, including but not limited to, the availability, accuracy, reliability, or legality of the Payment Platform. Changing Courses 11 LLC makes no representations, warranties, or guarantees regarding the Payment Platform.

The Licensee acknowledges and agrees that any dispute or claim arising out of or in connection with the Payment Platform is between the Licensee and the Payment Platform, and Changing Courses 11 LLC shall have no liability or obligation in connection therewith.

(g) Minimum Sale Price

The Licensee agrees that the minimum sale price for the Product shall be $497.00 USD ("Minimum Sale Price"). Any discounts, promotions, or other pricing strategies employed by the Licensee must maintain the sale price at or above the Minimum Sale Price.

In no event shall the Licensee offer or apply any discounts or promotions that would result in the sale price of the Product falling below the Minimum Sale Price.

The Licensee acknowledges and agrees that failure to adhere to the Minimum Sale Price may result in immediate termination of this Agreement, at Changing Courses 11 LLC’s sole discretion, in addition to any other remedies available to Changing Courses 11 LLC under law or equity.

The Licensee shall indemnify, defend, and hold harmless Changing Courses 11 LLC, its officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees, arising from or relating to the Licensee's failure to maintain the Minimum Sale Price.

(h) Gifts and Bonuses

The Licensee is permitted to offer gifts or bonuses as part of the promotion of the Product, provided that these offerings do not function as a discount on the Product's sale price, which must remain at or above the Minimum Sale Price as stated in the "Minimum Sale Price" section of this Agreement.

The Licensee acknowledges and agrees that any gift or bonus offered must be separate from and not linked to a reduction in the sale price of the Product below the Minimum Sale Price.

The Licensee agrees that failure to adhere to these conditions may result in immediate termination of this Agreement, at the sole discretion of Changing Courses 11 LLC, in addition to any other remedies available to Changing Courses 11 LLC under law or equity.

The Licensee shall indemnify, defend, and hold harmless Changing Courses 11 LLC, its officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees, arising from or relating to the Licensee's offering of gifts or bonuses in violation of these terms.

(i) Community Guidelines

The Licensee agrees to abide by the community guidelines ("Community Guidelines") established by Changing Courses 11 LLC for its original community. (See community guidelines below this agreement.)

The Licensee acknowledges that the Community Guidelines are integral to the maintenance of a respectful and harmonious community, and agrees to conduct all activities related to the Product in accordance with these guidelines.

Failure to adhere to the Community Guidelines may result in immediate termination of this Agreement, at the sole discretion of Changing Courses 11 LLC, in addition to any other remedies available to Changing Courses 11 LLC under law or equity.

The Licensee shall indemnify, defend, and hold harmless Changing Courses 11 LLC, its officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees, arising from or relating to the Licensee's failure to comply with the Community Guidelines.

(j) Agreement Modification and Supersession

The Licensee acknowledges and agrees that this Agreement is the complete and exclusive statement of the agreement between the Licensee and Changing Courses 11 LLC, and that it supersedes all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this Agreement.

The Licensee is not permitted to modify or amend this Agreement in any manner, including by adding their own business name, without the express written consent of Changing Courses 11 LLC. Any such unauthorized modification or amendment will be null and void.

The Licensee agrees not to enter into any other contract or agreement that would supersede, alter, or conflict with this Agreement. Any such contract or agreement will be null and void to the extent that it conflicts with this Agreement.

The Licensee shall indemnify, defend, and hold harmless Changing Courses 11 LLC, its officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including legal fees, arising from or relating to the Licensee's unauthorized modification of this Agreement or entry into a superseding contract.

(k) Return Policy

The Licensee acknowledges and agrees that due to the nature of the Product being eligible for download, all sales of the Product are final and non-refundable.

This policy is in place to prevent potential misuse, including scenarios where a customer could download the Product, request a refund, and consequently retain the Product free of charge.

The Licensee must clearly communicate this return policy to their customers prior to the sale of the Product, ensuring that customers understand that they are purchasing a non-refundable product.

Failure to comply with this return policy or any misrepresentation of it to customers may result in immediate termination of this Agreement, at the sole discretion of Changing Courses 11 LLC, in addition to any other remedies available to Changing Courses 11 LLC under law or equity.

(l) Procedure in Event of Refund

In the unlikely event that a refund is issued to a customer, the customer is required to return all copies of the Product within ten (10) days of the date of refund.

The customer must provide proof satisfactory to Changing Courses 11 LLC that all copies of the Product in their possession have been deleted, destroyed, or otherwise made unavailable for their use.

Notwithstanding the refund, the customer remains bound by the terms of this Agreement that survive termination, including but not limited to the obligations of non-disclosure, non-disparagement, and any other provisions intended to survive termination.

The customer acknowledges and agrees that failure to comply with these requirements may result in legal action by Changing Courses 11 LLC, including but not limited to claims for breach of contract, copyright infringement, or other appropriate legal remedies.

(m) Non-Disparagement

The Licensee agrees not to make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, that defame, disparage or in any way criticize the personal or business reputation, practices, or conduct of Changing Courses 11 LLC, its employees, directors, and officers. This prohibition extends to statements made in any manner or medium, including, without limitation, oral statements, written statements, online forums, blogs, social media sites, and other electronic forms of communication.

The Licensee understands and agrees that this clause extends to statements, written or verbal, made to anyone, including but not limited to, the news media, investors, potential investors, any board of directors or advisory board or directors, industry analysts, competitors, strategic partners, vendors, employees (past and present), and clients.

Any breach of this non-disparagement clause shall be a material breach of this Agreement, which may result in immediate termination of the Agreement, at the sole discretion of Changing Courses 11 LLC, in addition to any other remedies available to Changing Courses 11 LLC under law or equity.

(n) Non-Disclosure

The Licensee acknowledges that in the course of this Agreement they may have access to confidential and proprietary information ("Confidential Information") of Changing Courses 11 LLC. Confidential Information includes but is not limited to customer lists, business plans, financial data, marketing plans, product specifications, and other proprietary knowledge related to the Product or Changing Courses 11 LLC.

The Licensee agrees that they will not disclose, disseminate, or make available any Confidential Information received from Changing Courses 11 LLC, directly or indirectly, to any third party without the prior written consent of Changing Courses 11 LLC.

The Licensee further agrees to take all reasonable precautions to prevent any unauthorized use, disclosure, dissemination, or publication of Confidential Information, including ensuring that any employees, contractors, or other agents who have access to Confidential Information sign a non-disclosure agreement.

Any violation of this non-disclosure clause will be considered a material breach of this Agreement and may result in immediate termination of the Agreement, at the sole discretion of Changing Courses 11 LLC, in addition to any other remedies available to Changing Courses 11 LLC under law or equity.

(o) Audit Rights

Changing Courses 11 LLC reserves the right to audit, at its sole discretion and at any reasonable time, the Licensee's books, records, and operations related to the use, sale, and distribution of the Product to ensure compliance with this Agreement.

(p) Quality Control

The Licensee agrees to maintain high standards of quality in line with Changing Courses 11 LLC's specifications and expectations in the use, sale, and distribution of the Product. Changing Courses 11 LLC reserves the right to inspect and approve the Product before it is made available to the public.

(q) Non-Compete Clause

The Licensee agrees not to use the Product, or any part thereof, to develop a product that directly competes with Changing Courses 11 LLC's offerings. The Licensee further agrees not to enter into a similar licensing agreement with a direct competitor of Changing Courses 11 LLC during the term of this Agreement and for a period of one year following its termination.

(r) Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

(s) Confidentiality

The Licensee agrees to treat all proprietary information related to the Product and Changing Courses 11 LLC as strictly confidential and not to disclose such information to any third parties without the prior written consent of Changing Courses 11 LLC.

(t) Amendments

Changing Courses 11 LLC reserves the right to amend or modify the terms and conditions of this Agreement at its sole discretion at any time. The Licensee acknowledges and agrees that it is their sole responsibility to review this Agreement periodically to familiarize themselves with any modifications. Continued use of the Product after any such modifications constitutes the Licensee's agreement to such changes.

(u) Licensee Responsibility

The Licensee acknowledges and agrees that it is their sole responsibility to thoroughly understand and educate themselves about the Product and its intended uses. This understanding must be adequately communicated to their customers to ensure appropriate use and expectations of the Product.

Any marketing or promotional activities conducted by the Licensee must accurately reflect the Product's purpose and capabilities. Marketing of the Product under false pretenses, misrepresentation, or any form of deceptive practice is strictly prohibited and constitutes a material breach of this Agreement.

The Licensee shall bear all responsibility and liability for any false, misleading, or inaccurate representations made in relation to the Product.

(v) Community Obligations and Compliance with Terms and Conditions:

The Licensee acknowledges and agrees that, upon creation of any community, forum, or other platform (collectively, the "Community") under the scope of this license, the Licensee shall:

Provide all Community members with a clear and conspicuous copy of Changing Curses 11 LLC's Terms and Conditions and Community Guidelines (collectively, the "Guidelines"), and require each member to expressly agree to abide by the Guidelines as a condition of participation in the Community;

Implement and maintain reasonable measures, policies, and procedures to monitor and enforce compliance with the Guidelines by all Community members, including, without limitation, promptly investigating any reports or complaints of violations, taking appropriate action to address confirmed violations, and documenting all such enforcement actions;

Notify Changing Curses 11 LLC in writing of any violations of the Guidelines by Community members within five (5) business days of becoming aware of such violations, and provide any relevant information and documentation that Changing Curses 11 LLC may reasonably request in connection with the investigation, enforcement, or resolution of such violations; and

Cooperate fully with Changing Curses 11 LLC in the investigation, enforcement, and resolution of any alleged or confirmed violations of the Guidelines by Community members, including, without limitation, implementing any corrective action or remedy that Changing Curses 11 LLC may deem appropriate in its sole discretion.

Failure to comply with the obligations set forth in this clause may result in the termination of this license, legal action, or any other remedy available to Changing Curses 11 LLC under applicable law.

3. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services or Product to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Changing Courses 11 LLC.

Trick, defraud, or mislead Changing Courses 11 LLC and other users, especially in any attempt to learn sensitive account information such as user passwords, potential leads, promotional secrets, or any other business information.

Circumvent, disable, or otherwise interfere with security-related features of the Product, including features that prevent or restrict the use of copying of any Content or enforce limitations on the use of the Product and/or the Content contained therein.

Disparage, tarnish, or otherwise harm, in the opinion of Changing Courses 11 LLC, the Product, potential competition, or Changing Courses 11 LLC and its employees, owners, partners, or anyone else that Changing Courses 11 LLC deems suitable to this prohibited activity.

Use any information obtained from the Product in order to harass, abuse, or harm another person.

Make improper use of our support services or submit false reports of abuse or misconduct.

Use the Product in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorized framing of or linking to the Product.

Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including party's uninterrupted use and enjoyment of the Product or modifies, impairs, disrupts, alters, or interferes with the use, features, function, operation, or maintenance of the Product.

Delete the copyright or other proprietary rights notices from any Content or the Product.

Attempt to impersonate another user or person or use the username of another user of the Product who is a Licensee of the Product.

Interfere with, disrupt, or create an undue burden on the Product or Changing Courses 11 LLC or the networks or services connected to the Product.

Harass, annoy, intimidate, or threaten any of Changing Courses 11 LLC employees, affiliates, owners, executive staff, or agents engaged in providing any portion of the Product, Services, or Licensing to you, the Licensee.

Attempt to bypass any measures of the Product designed to prevent or restrict access to the Product, or any portion of the Product.

Use a buying agent or purchasing agent to make purchases of the Product.

3. Intellectual Property:

All copyrights, patents, trademarks, trade secrets, and other intellectual property rights in the 'Roadmap to Riches' product ("the Product") are and shall remain the sole and exclusive property of Changing Courses 11 LLC ("Licensor"). The Licensee is granted a non-exclusive, non-transferable, revocable right to resell the Product in accordance with the terms of this agreement. This agreement does not convey to the Licensee any rights of ownership in or related to the Product, or any intellectual property rights owned by the Licensor. Any use of the Licensor's intellectual property, including but not limited to trademarks, trade dress, or logos, must be in compliance with any brand guidelines provided by the Licensor and must acknowledge the Licensor's ownership of such intellectual property. The Licensee shall not attempt to register, or assist others in registering, any trademark, copyright, or other intellectual property that is substantially similar to the Licensor's. In the event the Licensee becomes aware of any potential infringement of the Licensor's intellectual property rights, the Licensee must promptly notify the Licensor in writing.

4. Indemnification:

The Licensee agrees to indemnify, defend, and hold harmless Changing Courses 11 LLC ("Licensor"), and its officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, "Indemnified Party"), against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or resulting from any claim of a third party related but not limited to: (a) any breach or non-fulfillment of any representation, warranty, or covenant contained in this agreement, or any other agreement contemplated hereby, by the Licensee; (b) any use or misuse of the 'Roadmap to Riches' product by the Licensee or any third party gaining access to the product through the Licensee; or (c) any infringement of intellectual property rights arising from the Licensee's unauthorized use or modification of the product.

Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall Changing Courses 11 LLC ("Licensor"), its affiliates, directors, employees or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the 'Roadmap to Riches' product. Under no circumstances will the Licensor be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Product or the information contained therein. To the maximum extent permitted by applicable law, the Licensor assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from the Licensee's access to and use of the Product; (c) unauthorized access to or use of Licensor's secure servers and/or any and all personal information stored therein; (d) interruption or cessation of transmission to or from the Product; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Product by any third party; (f) errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Product; and/or (g) user content or the defamatory, offensive, or illegal conduct of any third party.

5. Termination:

This Agreement shall commence on the Effective Date of Purchase and shall continue in full force until terminated as provided herein. Either party may terminate this Agreement at any time, with or without cause, by providing the other party a written notice of termination. Upon termination of this Agreement for any reason, all rights granted to the Licensee under this Agreement, including the right to resell the 'Roadmap to Riches' product, shall immediately cease, and the Licensee shall immediately cease all use, promotion, and sales of the Product. The Licensee shall also, within 10 days of the termination date, destroy or return to the Licensor any confidential information or materials provided by the Licensor under this Agreement. Termination of this Agreement shall not affect any rights or obligations that: (a) are meant to survive termination (including but not limited to indemnification and limitations of liability); and/or (b) have accrued prior to such termination.

6. Governing Law:

This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, United States, without regard to its conflict of laws rules. Any legal suit, action or proceeding arising out of or related to this Agreement or the matters contemplated hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee, in each case located in the city of Nashville and County of Davidson. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.

7. Revocation of License

The Licensee acknowledges and agrees that any violation of the terms and conditions of this Agreement, including but not limited to the unauthorized sale, distribution, modification, or use of the Product, will result in the immediate revocation of the license granted herein.

Upon revocation of the license, the Licensee shall immediately cease all use, sale, distribution, and promotion of the Product and all associated materials. The Licensee shall also remove the Product from any and all platforms where it may be available, including but not limited to websites, membership sites, and online stores.

The Licensee understands and agrees that revocation of the license does not absolve the Licensee of any obligations under this Agreement, including but not limited to the obligation to maintain the minimum sale price and to refrain from offering the Product as a bonus or selling it on auction sites.

Upon revocation of the license, Changing Courses 11 LLC reserves the right to pursue any and all legal remedies available under law or equity.

8. Updates to Terms and Conditions

Changing Courses 11 LLC reserves the right to modify or update these terms and conditions at any time, at its sole discretion. Any such modifications or updates will be effective immediately upon posting on the official website of Changing Courses 11 LLC or upon notification to the Licensee. https://changingcourses11.com/agreements

The Licensee acknowledges and agrees that it is their responsibility to review these terms and conditions periodically and to stay aware of any modifications or updates.

Continued use of the Product after any such modifications or updates constitutes the Licensee's acceptance of the new terms and conditions. If the Licensee does not agree to any changes in the terms and conditions, their license to use and sell the Product will be immediately revoked, and they must cease all use, sale, distribution, and promotion of the Product.

Changing Courses 11 LLC reserves the right to pursue any and all legal remedies available under law or equity in the event of violation of the updated terms and conditions.

9. Third-Party Protection:

The Licensee acknowledges and agrees that any obligation or liability arising from this Agreement is solely of the Licensee and not of any director, officer, employee, agent, or shareholder of Changing Courses 11 LLC ("Licensor"). The Licensee agrees to take all necessary measures to assure that no third-party will seek to hold any director, officer, employee, agent, or shareholder of the Licensor responsible for any liability or obligation of the Licensee under this Agreement. The Licensee will indemnify and hold harmless the Licensor and its directors, officers, employees, agents, and shareholders from and against all damages, losses, costs and expenses, including actual attorneys' fees and costs, resulting from any such third-party claim, suit or proceeding.

10. Confidentiality

Both parties agree to keep confidential all non-public information obtained from the other party that is marked as confidential or reasonably should be assumed to be confidential, unless required to disclose such information by law or regulatory authority.

11. Dispute Resolution

Any disputes arising out of or relating to this Agreement will first be attempted to be resolved through good faith negotiation between the parties. If a resolution cannot be reached, the parties agree to use a mutually agreed-upon mediator before resorting to litigation.

12. Representations and Warranties

The Licensor represents and warrants that it has the full right and authority to license the 'Roadmap to Riches' product under this Agreement and that the Product does not infringe on the rights of any third party.

13. Compliance with Laws

The Licensee agrees to comply with all applicable laws, regulations, and ordinances in the performance of this Agreement, including but not limited to laws pertaining to intellectual property rights and resale of products.

14. Assignment

This Agreement is personal to the Licensee and may not be assigned or transferred to any third party without the prior written consent of the Licensor.

15. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, national emergencies, war, terrorist acts, riots, strikes, or governmental action.

16. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Using the Product, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Product, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF THE TRANSACTIONS INITIATED OR COMPLETED BY CHANGING COURSES 11 LLL OR VIA THE PRODUCT. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or others laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

17. CORRECTIONS

The Parties acknowledge that despite their best efforts, errors or discrepancies may occur in the drafting of this Agreement. Therefore, if any typographical errors, discrepancies, inconsistencies, ambiguities, omissions or similar errors are found in this Agreement, Changing Courses 11 LLC shall have the unilateral right, but not the obligation, to correct such errors or discrepancies in order to ensure the integrity and clarity of the Agreement, without the requirement for the consent or approval of any other Party. Any corrections made under this clause will be effective immediately upon notice to the other Parties, which may be given by any reasonable means including via email or through an update posted on a website provided by Changing Courses 11 LLC.

18. DISCLAIMER

The Parties acknowledge and agree that the product, service, or software (the "Product") provided under this Agreement is delivered "as is," without any warranties or representations, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any other warranties arising from course of dealing, usage or trade practice. Changing Courses 11 LLC reserves the unilateral right, but not the obligation, to make any changes, improvements, modifications, or updates to the Product at any time, without the requirement for the consent or approval of any other Party. Any such changes will be effective immediately upon notice to the other Parties, which may be given by any reasonable means including via email or through an update posted on a website provided by Changing Courses 11 LLC.

19. MODIFICATIONS AND INTERRUPTIONS

The Parties acknowledge and agree that Changing Courses 11 LLC reserves the unilateral right, but not the obligation, to modify, suspend, or discontinue, temporarily or permanently, any part or all of the Product or service provided under this Agreement, at any time and for any reason, without the requirement for the consent or approval of any other Party. Changing Courses 11 LLC shall not be liable to any Party or to any third party for any modification, suspension, or discontinuance of the Product or service, or any part thereof. Any such changes, suspensions, or discontinuances will be effective immediately upon notice to the other Parties, which may be given by any reasonable means including via email or through an update posted on a website provided by Changing Courses 11 LLC.

Enforcement and Future Modifications

The Parties understand and agree that if the licensee ("You") fails to comply with any of the terms and conditions set forth in this Licensing Agreement, the licensor, Changing Courses 11 LLC ("We" or "Us"), reserves the right to seek appropriate legal remedies, including but not limited to filing a lawsuit for breach of contract.

This right of enforcement extends to any modifications, additions, or updates to the terms and conditions of this Licensing Agreement made in the future. You agree that We reserve the right to modify the terms and conditions of this Licensing Agreement at any time, and it is your responsibility to review the Agreement periodically for any such changes. Your continued use of the licensed materials or failure to terminate this Agreement after such changes have been posted constitutes your acceptance of these changes.

If you violate any future updates, modifications, or additions to this Licensing Agreement, We will have the right to enforce the updated Agreement and seek all available remedies, including the filing of a lawsuit.

19. California Residents:

If any complaint with Changing Courses 11 LLC is not satisfactorily resolve, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

20. Entire Agreement

This Agreement constitutes the entire agreement between the Licensee and Changing Courses 11 LLC ("Licensor") with respect to the subject matter hereof, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by the Licensor. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

21. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us (Changing Courses 11 LLC, The Licensor) on the Product or in respect to the Product constitute the entire agreement and understanding between you and us (The Licensor, Changing Courses 11 LLC and the Licensee, The Buyer). Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligation to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, the provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provision . There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms of use of the Product. You agree that these Legal Terms will be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic for of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

Changing Courses 11 LLC Community Guidelines

Welcome to our community. As members, we commit to uphold the values of integrity, honesty, diligence, trust, and ethics. We believe in treating each other with respect and fostering a positive, supportive environment. In order to ensure the best experience for all members, we ask that you follow these guidelines:

Integrity and Honesty: Be transparent and honest in your interactions. Misleading conduct, misrepresentation, or manipulation is not tolerated.

Diligence: Show commitment and diligence in all your activities related to the community. Be attentive and considerate to the needs and queries of other members.

Trust: Build trust through your actions. Do not breach the trust of others, misuse information, or take advantage of situations for personal gain at the expense of others.

Ethics: Respect and uphold the ethical guidelines of the community. Any actions that contravene these guidelines, including illegal activities or unethical conduct, are strictly prohibited.

No Lead Poaching: Respect the business interests of all members. Stealing leads or poaching from social media, or attempting to do so, is strictly prohibited. Respect the rights of others to their own client relationships.

Respectful Communication: Treat others with kindness and respect. Any form of harassment, bullying, or discrimination will not be tolerated.

Confidentiality: Respect the confidentiality of discussions and proprietary information. Do not disclose or share confidential information without appropriate consent.

Compliance with Agreement: Comply with the terms and conditions of the established agreement at all times.

Compliance with Laws: Comply with all applicable laws and regulations in your interactions within and on behalf of the community.

Failure to adhere to these community guidelines may result in immediate termination of your membership, at the sole discretion of Changing Courses 11 LLC, in addition to any other remedies available to Changing Courses 11 LLC under law or equity.

We appreciate your commitment to these guidelines and look forward to a thriving, respectful, and positive community.

Last updated 05-17-22

TERMS AND CONDITIONS

Last updated October 10, 2023

AGREEMENT TO OUR LEGAL TERMS

We are aimee hayes coaching / evolve fitness solutions ltd ("Company," "we," "us," "our"), a business registered in New Zealand

We operate the website http://www.aimeehayescoaching.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at evolvefitness-solutions@hotmail.com

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and aimee hayes coaching , concerning your access to and use of the Services.

You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. PRODUCTS

5. PURCHASES AND PAYMENT

6. REFUNDS POLICY

7. PROHIBITED ACTIVITIES

8. USER GENERATED CONTRIBUTIONS

9. CONTRIBUTION LICENSE

10. SERVICES MANAGEMENT

11. PRIVACY POLICY

12. TERM AND TERMINATION

13. MODIFICATIONS AND INTERRUPTIONS

14. GOVERNING LAW

15. DISPUTE RESOLUTION

16. CORRECTIONS

17. DISCLAIMER

18. LIMITATIONS OF LIABILITY

19. INDEMNIFICATION

20. USER DATA

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

22. CALIFORNIA USERS AND RESIDENTS

23. MISCELLANEOUS

24. CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

access the Services; and

download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: howdy@wilddesertkreative.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;

to the extent permissible by applicable law, waive any and all moral rights to any such Submission;

warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and

warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not under the age of 13; (3) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (4) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (5) you will not use the Services for any illegal or unauthorized purpose; and (6) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. PRODUCTS

All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

5. PURCHASES AND PAYMENT

We accept the following forms of payment:

- Visa

- Mastercard

- American Express

- Stripe

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6. REFUNDS POLICY

All sales are final and no refund will be issued.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

Use any information obtained from the Services in order to harass, abuse, or harm another person.

Make improper use of our support services or submit false reports of abuse or misconduct.

Use the Services in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorized framing of or linking to the Services.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

Delete the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or person or use the username of another user.

Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

Use a buying agent or purchasing agent to make purchases on the Services.

Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

Sell or otherwise transfer your profile.

Use the Services to advertise or offer to sell goods and services.

8. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.

You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.

Your Contributions are not false, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

Your Contributions do not violate any applicable law, regulation, or rule.

Your Contributions do not violate the privacy or publicity rights of any third party.

Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

9. CONTRIBUTION LICENSE

You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

10. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

11. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://www.aimeehayescoaching.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in New Zealand. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in New Zealand, then through your continued use of the Services, you are transferring your data to New Zealand, and you expressly consent to have your data transferred to and processed in New Zealand. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.

12. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

13. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

14. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of New Zealand. wildDesert Kreative and yourself irrevocably consent that the courts of New Zealand shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

15. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be three (3). The seat, or legal place, or arbitration shall be nelson, New Zealand. The language of the proceedings shall be English. The governing law of these Legal Terms shall be substantive law of New Zealand.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

16. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

17. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

18. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR 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. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

19. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

20. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

22. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

23. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

24. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

aimeehayescoaching

evolvefitness-solutions@hotmail.com