Enrollment Terms. This Enrollment is for a term of no less than 7 weeks.
Enrollment Amount (fee): $6,499 In Full or $2,000 down and $499 per month for 24 months
Access: Star Accelerator Program Portal & Implementation Room Access
Access to a 2-3 hour Zoom meeting per the Star Accelerator Program Itinerary.
I will sign the sign-in sheet before receiving any of the coaching services
Fee. The Enrollment Program Fee is non-cancellable, non-refundable, due in full, and payable upon execution of this Agreement. For the avoidance of doubt, the Program Fee is based on access rights acquired, not actual usage, and Your obligation to pay the full amount of the Program Fee exists whether or not You (a) complete the Program during the Term, (b) ever access the Program, or (c) experience results similar to those of other clients who have completed the Program.
Payment Plan Terms. You agree to the responsibility of the completion of the fee above and compliance to any and all payment terms listed within this agreement and any separate external finance agreement used to fund this enrollment, regardless of whether you actually utilize the services/products, complete the program and/or discontinues, terminates the service(s)/program for any reason. Payment is still due even if your finance terms are beyond your enrollment term end or early termination date.
As a courtesy, Spectacular Academy may permit You to pay the Enrollment Fee in installments (“Payment Plan”). The Payment Plan requires You to submit an initial payment on the Effective Date, and to make subsequent payments until You have paid the full Enrollment Fee. You must make all payments required under the Payment Plan, as detailed below. Spectacular Academy will automatically withdraw all Payment Plan payments on the due date. A Payment Plan in no way alters Your obligation to pay the full amount of the Program Enrollment Fee. The full Program EnrollmentFee remains non-cancellable and non-refundable. If You fail to abide by the terms of a Payment Plan, You will be in Payment Default.
Authorized Charges. If You have not paid the Program Fee in full on the Effective Date, You must pay all Authorized Charges. “Authorized Charges” are all amounts You owe to Spectacular Academy including but not limited to Payment Plan payments for the full amount of the Program Fee, monthly Payment Plan late fees, interest due on late Payment Plan payments, and unpaid amounts, return check fees, chargeback fees, and any other fees incurred by You under this Agreement (“Authorized Charges”). You authorize Spectacular Academy to immediately withdraw all re-occurring and one-time Authorized Charges that are due. Spectacular Academy is not required to obtain any additional authorization to process any Authorized Charges that are due. You will not make chargebacks for any Authorized Charges that are due, and if Spectacular Academy has to defend against a dispute chargeback, You are responsible for any and all fees incurred by Spectacular Academy in resolving any dispute chargeback. All Authorized Charges must be made in United States dollars, by wire transfer, credit card, ACH payment, or by negotiable instrument drawn upon a United States bank.
Payment Information. To allow Spectacular Academy (or its third party payment service provider) to process all Authorized Charges owed by You, You must provide Spectacular Academy with current, complete, and accurate billing information including Your full legal name, mailing address, billing address, telephone number, payment information, or credit card information (i.e. credit card number, and expiration date) (“Payment Information”). You must promptly update all Payment Information to ensure that it is current, complete, and accurate. You must promptly contact Spectacular Academy if Your credit card is lost or stolen or if any Payment Information is out-of-date.
Payment Default. Your right to access and use the Program is conditioned upon Spectacular Academy’s receipt of all Authorized Charges. You are in breach of this Agreement, if at any time any Authorized Charges cannot be processed according to the Payment Information that You provided, if any Authorized Charges are refunded for any reason (including chargebacks), or if any Authorized Charges are not paid when they are due (“Payment Default”). Any Payment Default that is not resolved within seven (7) calendar days will incur a forty dollar ($40.00) a month late fee and will continue to incur late interest at the rate of 1.5% of the outstanding balance of the Program Fee, per month, or the maximum rate permitted by law (whichever is higher) until paid in full.
Suspension and Acceleration. Upon Payment Default, without limiting its other rights and remedies, Spectacular Academy may (a) either suspend or terminate Your access to the Program (“Suspension Period”) and (b) accelerate the Payment Plan so that the Program Fee becomes immediately due and payable in full (“Payment Acceleration”). Spectacular Academy will attempt to process delinquent Authorized Charges every day until You are current under the Payment Plan and have paid the all Authorized Charges in full. The Suspension Period will continue until You are current under the Payment Plan and have paid the Authorized Charges in full. You remain responsible for all Authorized Charges during the Suspension Period and those Authorized Charges associated with Payment Acceleration. Spectacular Academy will not extend the Term to account for the length of the Suspension Period, and Spectacular Academy will not be liable to You for Your inability to access the Program during any Suspension Period.
Delinquency and Collections. Upon Payment Default, Spectacular Academy will take any steps it deems necessary and retains the right to report any Payment Default to a credit reporting bureau, collection agency, or government agency with jurisdiction, and to take any other actions that Spectacular Academy decides in its sole discretion are necessary to receive payment of delinquent Authorized Charges. You are responsible for all costs and expenses incurred by Spectacular Academy in connection with the collection of delinquent Authorized Charges, including monthly late fees, interest on delinquent Authorized Charges, collection agency fees, collection attorney fees, court costs, and other associated legal fees.
Annual Renewal. This Agreement and the Services provided herein will automatically renew for successive twelve (12) month periods, with each period beginning and ending on the first and last days of the month, respectively, unless either Party provides thirty (30) calendar days prior written notice of the Party’s intention not to renew to the other Party or unless terminated sooner in accordance with other provisions set forth herein. Improper notice will not be accepted.
WHAT YOU’RE GOING TO GETSpectacular School Of Business Live Mentorship Coaching:Where as the Coaches have a skill and the Student is seeking knowledge of that skill.
Weekly Live Training Sessions with Spectacular School Of Business CoachesSupport Sessions In A Small Group SettingAccess To Our Entire Library Of Courses and previously recorded trainingsOur Database Of Templates And Proven CampaignsComplimentary VIP Access to all Spectacular Academy Hosted Virtual EventsStudent Discounted Rates on Products
Companys Right To Termiante. The Company may terminate the Student's enrollment without a refund, in its sole discretion, the term of this Agreement and the rights granted to the Student pursuant to this Agreement if the Student engages in dishonesty, illegal conduct or misconduct that is in each case injurious or engages in any act that is an offense involving moral turpitude under federal, state, or local laws or which tends to shock, insult, or offend the general public or ridicule public morals and decency. In addition, the Company may terminate this agreement and all rights granted to Student pursuant to this Agreement if Student takes any action which is disruptive to the other participants'.
Refunds & Cancellations. Any amount paid toward this program is non-refundable. This program is Non-refundable and No cancellations of the fee due will be honored after the execution of this enrollment.
Access. Adwizar and Spectacular Academy may Suspend your access to the deliverables in this enrollment if any payment towards this enrollment is late, declined, returned or disputed. We reserve the right to suspend your access until your enrollment fee is paid in full.
Force Majeure. Neither Party will be responsible for failure or delay of performance if Spectacular Academysed byan act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outagethat is not Spectacular Academysed by the obligated Party; pandemic, widespread illness, travel restrictions fromriots, the government, or other government restrictions; or other event outside the reasonablecontrol of the obligated Party. Each Party will use reasonable efforts to mitigate the effect of aforce majeure event.
Limitations of Liability and DamagesThe Liability by Bluestar Brandz, Inc, its employees, agents, associates, successors, assigns, and legal representatives under this Agreement is limited in direct proportion to the compensation paid to Company under this Agreement, and shall not, under any condition, exceed the amount already paid to Company at the time of any such claim, demand or Spectacular Academyse of action whatsoever.. EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF CALIFORNIA BUSINESS AND PROFESSIONS CODE §§ 6400, et seq., IF APPLICABLE.
Conduct Requirement. You must (a) respect Spectacular Academy’s time and expertise; (b) follow all rules and policies communicated to You; (c) engage in a cooperative, professional, and respectful manner towards Spectacular Academy, Team Members, Spectacular Academy customers, clients, invited guests (“Program Participants”), any individuals You choose to interact with as part of the Program; and (d) must not become noticeably intoxicated. The aforementioned items (a) – (d) are hereinafter collectively referred to as “Conduct Requirements.” The Conduct Requirements apply to all in-person or online events hosted by Spectacular Academy (“Event”), and extend to venue personnel at any Event. Your compliance will be determined in Spectacular Academy’s sole discretion. If You fail to comply with the Conduct Requirements, You will be responsible for and agree to pay all amounts, including costs, fees, damages (direct, indirect, consequential, exemplary, incidental, and special damages), attorney’s fees, fines, and loss of revenue or profits) proximately Spectacular Academysed by your conduct.
Indemnification. Student agrees to indemnify and hold Spectacular Academy harmless against any and all third party proceedings, Spectacular Academyses of action, suits, damages, losses, liability, costs and expenses (including reasonable legal fees and attorney’s fees) whatsoever that may arise, either directly or indirectly, out of the terms, conditions, representations and/or duties set forth in this Contract, except to the extent that as a result of Spectacular Academy’s reckless disregard for the consequences of any such act or failure to act, or Spectacular Academy’s intentionally Spectacular Academysing those consequences, Spectacular Academy Spectacular Academyses Student to incur damages.
Protection of Confidential Information. As between the parties, each party retains all ownership rights in and to its Confidential Information. The Receiving Party will use the same degree of care that it uses to protect its own confidential information of like kind, and will (a) not use any of the Disclosing Party’s Confidential Information for any purpose outside the scope in this Agreement; and (b) except as otherwise authorized by the Disclosing Party in writing, will limit access to the Disclosing Party’s Confidential Information to those employees, legal counsel, accountants, and contractors who need to know the Confidential Information, for purposes consistent with this Agreement, and who have confidentiality obligations at least as restrictive as than those herein. Notwithstanding the foregoing, Spectacular Academy may disclose the terms in this Agreement to a third-party to the extent necessary to perform Spectacular Academy’s obligations under this Agreement and to exercise Spectacular Academy’s rights under this Agreement.
Intellectual Property. All world-wide intellectual property, industrial property, and other proprietary rights, title, and interest in the Program, whether registered or unregistered, trademarks, patents, copyrights, and other intellectual property rights including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all information in the Program and compilation thereof (excluding the intellectual property of any third-party), belong to Spectacular Academy and are valuable trade secrets of Spectacular Academy (“Spectacular Academy Intellectual Property”). Nothing in this Agreement or in the Program grants You a license to any Spectacular Academy Intellectual Property, whether by implication, estoppel, or otherwise. You should assume that everything You see or read in the Program is Spectacular Academy Intellectual Property, unless otherwise noted, and may only be used with the express written permission of Spectacular Academy. Your use of the Program is governed by and subject to all laws governing the use of Spectacular Academy Intellectual Property and the intellectual property rights of others. If You violate any part of this section thirty-four (34), Your License automatically terminates, and Spectacular Academy reserves the right to pursue all legal rights of action against You.
Non-Disparagement. For the Term of this Contract and for five (5) years after the Contract’s termination, Student will not disparage Spectacular Academy, Adwizar, Spectacular Smith or otherwise take any action that could reasonably be expected to adversely affect Spectacular Academy’s, Adwizar’s or Spectacular Smith’s reputation or public perception. Additionally, Student will not disparage any of Spectacular Academy’s directors, officers, agents, coaches executives or employees, or otherwise take any action that could reasonably be expected to adversely affect the personal or professional reputation of any of Spectacular Academy’s directors, officers, agents, executives or employees.
Non-Solicitation. The parties agree that, for a period of five (5) years from the date hereof, neither party nor the party’s employees, agents or advisors will solicit any of the officers, directors Student or employees of the other party or the other party’s affiliates or subsidiaries to terminate the employee’s employment with the employee’s employer at the time of this Agreement.
Non-Circumvention. The Student agrees that its employees, agents, and advisors will not attempt to do business with, or otherwise solicit, any Student, Coach, Student or Potential Coach or Student, regardless of the nature of the agreement between the Student and the Company, and regardless of the nature of the Undersign’s solicitation, for the purpose of circumventing, the result of which shall be to prevent the Undersigned from realizing or recognizing a profit, fee or otherwise, whether in full or in part, without the specific written approval of the Company.
Photography, Video, And Audio Waiver And Release.Portions of the Program or an Event may be recorded in video, audio, photographic, or any other transmission form (“Recording”). By participating in the Program or an Event You grant Spectacular Academy the right and permission to use all Recordings in association with Your actual or simulated name, image, likeness, appearance, voice, biographical details, statements, testimonials, or photograph for any purpose, in any manner, in any medium or context, now known or hereafter developed, throughout the world, without further authorization from, or compensation to, You or anyone acting on Your behalf. This includes filming by the police or security staff which may be carried out for the security of customers or the prevention of crime. All Recordings are the exclusive property of Spectacular Academy, and Spectacular Academy exclusively owns all rights to every aspect of each Recording, which includes the right to create derivative works therefrom. Furthermore, upon request by Spectacular Academy, You will sign all documentation necessary to allow Spectacular Academy to perfect its intellectual property rights in a Recording. I understand and agree that all photos and videos will become the property of Spectacular Academy and/or its affiliates and will not be returned.
Prohibited Activities. A. In connection with Your use of the Program, You will not do or attempt to do the following: (1) copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code; (2) access the Program by any means other than through Spectacular Academy provided interfaces; (3) manipulate or otherwise display the Program by using framing or similar navigational technology; (4) use the Program in any manner that could damage, disable, overburden or impair Spectacular Academy’s servers or networks, or interfere with any other user’s use and enjoyment of the Program; (5) gain unauthorized access to any part of the Program, including the website, accounts, computer systems, or networks connected to the Program through hacking, password mining or any other means; or (6) obtain any materials or information through any means not intentionally made available through the Program or harvest or otherwise collect information about other users. B. Additionally, You will not do or attempt to do the following (1) distribute, share, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any documents, information, software, products, or services obtained through the Program; (2) share, submit, or transmit any material (“Post”) that contains a virus or corrupted data; (3) delete any author attributions, legal notices, trademarks, or proprietary designations or labels; (4) register, subscribe, or unsubscribe any party, other than You, for any Spectacular Academy product or service; or (5) violate any applicable local, state, national, or international law, rule, or regulation, or use the Program for any purpose that is prohibited by this Agreement. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY Spectacular Academy TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
Posting Restrictions. If You choose to Post to any Interactive Platforms within the Spectacular Academy community, You will not do the following: · Post rumors or negative opinions that are not supported by facts. · Post content that interferes with or disrupts a Spectacular Academy or third-party website, the Program, or the operation thereof, including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or website. · Post content that may be viewed as unlawful, encouraging criminal conduct, libelous, harassing, discriminatory, bigoted, hateful, racially offensive, vulgar, defamatory, obscene, false, inflammatory, profane, pornographic, objectionable and not socially or professionally responsible or appropriate in person, intending to abuse, stalk, threaten, intimidate, or infringe on the rights of others, infringe on contractual or fiduciary rights, or give rise to criminal or civil liability. · Post content that violates the privacy or publicity rights of any other person, including, without limitation, Posting any personal identifying information of another individual, including, without limitation, addresses, phone numbers, email addresses, social security numbers, credit card numbers, or any trade secrets or information for which there is any obligation of confidentiality. · Post content that in any way harm minors. · Post content that impersonates Spectacular Academy or any other person or entity, whether actual or fictitious. · Post content that misrepresents Your affiliation with any entity and/or Spectacular Academy. · Delete or revise any content posted by any other person or entity. · Post content that constitutes junk mail, spam, or unauthorized advertising or promotional materials, including, without limitation, links to commercial products or services, blogs, articles, business pages, affiliate offers, or any political campaigning. · Post content advertising Your programs, products, or services or inviting others to join other social platforms, networking groups, or programs. · Post content that in the sole judgment of Spectacular Academy is objectionable or restricts or inhibits any person or entity from using or enjoying any interactive features or other portions of the Program whether on a Spectacular Academy or third party website, or which may expose Spectacular Academy or its users to harm or liability of any nature. · Post content that infringes on any patent, trademark, trade secret, copyright, or another intellectual or proprietary right of a party. Users are solely liable for any damage resulting from a Post that contains any infringing content. · Collect information about the users of the Interactive Platform or use such information for any purpose.
Termination. We may terminate this Agreement, deactivate Your account, and/or Your License to access use the Program immediately, without prior notice or liability to You, if You breach any section of this Agreement. Furthermore, Spectacular Academy reserves the right to change, edit, suspend, delete and/or cancel any part of the Program and/or Your access to it at any time with or without notice to You if required by law, or due to an event beyond Spectacular Academy’s control. You may also request that Your access to the Program be terminated. Upon termination of this Agreement for any reason: (1) all rights granted to You under this Agreement will immediately cease, (2) You must immediately cease all activities authorized by this Agreement (including Your use of the Program), and (3) You will not be eligible to receive any future products, services, advertised bonuses related to the Program. Under no circumstances will termination of this Agreement, due to Your breach or due to Your request, entitle You to receive any credit or refund of the unpaid portion of the Program Fee and any other Authorized Charges. Termination of this Agreement due to Your breach or by Your request will not absolve You of Your legal obligation to pay the Program Fee which is non-cancellable and non-refundable. You will also continue to be responsible for all incurred and unpaid Authorized Charges.
Survival. Any provision of this Contract that imposes an obligation after the termination of this Contract shall survive the termination of this Contract, including but not limited to the confidentiality, and disparagement imposed by this Contract. However, nothing herein shall be construed as a limit on the applicable statute of limitation for bringing a legal claim for breach of any such provision.
Compliance with Laws.You agree to comply with all applicable federal, state and local laws, regulations, rules and ordinances regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.
Representations. We have made every effort to accurately represent the Program and its potential. The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including his or her background, dedication, desire, and motivation. By signing below, you acknowledge that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that you will earn any money as a result or your participation in the Program.
Earnings Disclaimer. The testimonials, reviews, client results, and client earnings presented on Spectacular Academy’s websites and social media pages are those of previous or existing clients who purchased and used Spectacular Academy information, products, or services. All testimonials and reviews are voluntary, unpaid, and no clients were provided with free products, services, or any benefits in exchange for their testimonial or review. The testimonials and reviews are presented verbatim except for grammatical and typing corrections, edits for clarity, edits to remove extraneous information, and edits to fit an allotted amount of space. The client results and earnings presented in testimonials and reviews are not typical, they represent the unique experiences of specific clients, and they are not representative of all clients. The results achieved by any person who purchases products or services from Spectacular Academy will vary based on several factors including an individual’s background, business experience, capacity, and work ethic. All business involves some unknown risks that can reduce the results any individual experiences. Spectacular Academy does not guarantee that any individual will experience identical or similar results to that of any client depicted. Spectacular Academy is not liable for the success or failure of Your business whether in/directly related to the purchase of the Program, Spectacular Academy information, products, or services. Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Each party will be solely responsible for payment of all compensation owed to its employees, as well as all employment-related taxes.
Waiver of Dispute.You agree that you will not do a chargeback or file a dispute for this purchase. Once the Student completes this enrollment agreement, Student waives any right to cancel after that, or exercise credit card chargebacks or return of orders. Student further agrees that a chargeback effectively forms an agreement to pay a cancellation fee of $200 for processing of chargebacks.
Arbitration Agreement.a. Company and you agree to arbitrate all disputes and claims between us before a single arbitrator. The kinds of disputes and claims we agree to arbitrate are intended to be broadly interpreted, including but not limited to: 1). claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, advertising, or any other legal theory;2). claims that arose before these or any prior Terms became effective;3). claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and4). claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to "Company," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Website and our products and services under these Terms or any prior agreements between us.
This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Company are each WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A REPRESENTATIVE, GROUP, COLLECTIVE OR CLASS ACTION OR ARBITRATION.
You acknowledge that use of this Website and/or purchase of products or services constitutes a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement survives termination of these Terms.
Governing Law. This Contract is entered into in the City and County of Los Angeles, State of California, and is guided by and governed by the laws of the State of California. The proper and exclusive venue for any dispute related to and/or arising under this Contract shall lie in the State and/or Federal Courts in Los Angeles, Los Angeles County, California, without giving effect to principles of conflicts of law, and all parties consent to jurisdiction in Los Angeles County, California. In any legal dispute hereunder, the non-prevailing party shall be responsible for the reasonable legal fees and costs (including attorney’s fees) of the prevailing party.
Electronic Signatures and AgreementsBy signing, You acknowledge and agree to and accept the terms and conditions of these terms. You are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce.
To register you as a new customer
Type of data
(a) Identity
(b) Contact
Lawful basis for processing including basis of legitimate interest
Performance of a contract with you
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
Type of data
(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications
Lawful basis for processing including basis of legitimate interest
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy
(b) Asking you to leave a review or take a survey
Type of data
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
Lawful basis for processing including basis of legitimate interest
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a prize draw, competition or complete a survey
Type of data
(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications
Lawful basis for processing including basis of legitimate interest
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
Type of data
(a) Identity
(b) Contact
(c) Technical
Lawful basis for processing including basis of legitimate interest
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
Type of data
(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical
Lawful basis for processing including basis of legitimate interest
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
Type of data
(a) Technical
(b) Usage
Lawful basis for processing including basis of legitimate interest
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you
Type of data
(a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
(f) Marketing and Communications
Lawful basis for processing including basis of legitimate interest
Necessary for our legitimate interests (to develop our products/services and grow our business)
MARKETING
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
PROMOTIONAL OFFERS FROM US
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing.
THIRD-PARTY MARKETING
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
OPTING OUT
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience, or other transactions.
COOKIES
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
DISCLOSURES OF YOUR PERSONAL DATA
We may share your personal data with the parties set out below for the purposes set out in the table above.
Internal Third Parties as set out in the Glossary.
External Third Parties as set out in the Glossary.
Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
DATA RETENTION
HOW LONG WILL YOU USE MY PERSONAL DATA FOR?
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
For tax purposes, the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers.
In some circumstances we will anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
YOUR LEGAL RIGHTS
Under certain circumstances, you have the following rights under data protection laws in relation to your personal data. Please review the Glossary to learn more about these rights.
Request access to your personal data.
Request correction of your personal data.
Request erasure of your personal data.
Object to processing of your personal data.
Request restriction of processing your personal data.
Request transfer of your personal data.
Right to withdraw consent.
If you wish to exercise any of the rights set out above, please contact us.
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
GLOSSARY
LAWFUL BASIS
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
THIRD PARTIES
Internal Third Parties
Other companies in Company’s Group acting as joint controllers or processors, for marketing purposes.
External Third Parties
Service providers based inside and outside of the United States who provide IT and system administration services.
Professional advisers including lawyers, bankers, auditors and insurers based in the Unites States who provide consultancy, banking, legal, insurance and accounting services.
Digital marketing agencies acting as processors based in the United States who provide digital marketing services.
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
If you want us to establish the data’s accuracy.
Where our use of the data is unlawful but you do not want us to erase it.
Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Modification or Suspension of the Website
You agree that Company, in its sole discretion, may make, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that we will not be liable for the consequences of doing so.
Content Disclaimer
THE COMPANY AND ITS OWNERS, PRINCIPALS, REPRESENTATIVES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, PRODUCTS, SERVICES, OR MATERIALs ON THE WEBSITE. WHILE THE COMPANY STRIVES TO KEEP THE INFORMATION ON THE WEBSITE AND ON THE FEATURED PRODUCTS AND SERVICES ACCURATE, COMPLETE, AND UP-TO-DATE, WE CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE AND IN PRODUCTS AND SERVICES FEATURED ON THE WEBSITE.
YOUR USE OF THE WEBSITE IS SUBJECT TO ANY ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE AND WITH PRODUCTS AND SERVICES FEATURED BY US.
Disclaimer of Warranties With Respect to Use of Website and Products and Services
THE WEBSITE AND ALL PRODUCTS AND SERVICES FEATURED ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WHILE THE COMPANY USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE WEBSITE, THE COMPANY DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE PRODUCTS AND SERVICES FEATURED THEREON, OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitations of Liability and Damages
YOU AGREE THAT COMPANY’S LEGAL LIABILITY, INCLUDING THE LIABILITY OF ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, FOR ANY CLAIM MADE BY YOU ARISING OUT OF YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS OR SERVICES OFFERED THEREON SHALL BE LIMITED TO THE AMOUNT YOU PAID TO COMPANY, EXCEPT AS PROVIDED IN THE ARBITRATION AGREEMENT BELOW. UNDER NO CIRCUMSTANCES WILL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BE AWARDED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION MAY NOT APPLY TO YOU. EXCEPT AS PERMITTED BY LAW, NOTHING IN THIS PARAGRAPH IS INTENDED TO MODIFY THE PROVISIONS OF CALIFORNIA BUSINESS AND PROFESSIONS CODE §§ 6400, et seq., IF APPLICABLE.
Compliance With Laws
You agree to comply with all applicable federal, state and local laws, regulations, rules and ordinances regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.
Indemnity
You agree to defend, indemnify and hold Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Website or our Products and Services, your violation of the Terms, or your breach of any of your acknowledgements, agreements, representations, warranties and obligations herein.
YOU ACKNOWLEDGE THAT COMPANY HAS SET ITS PRICES AND HAS PROVIDED ACCESS TO THE WEBSITE IN RELIANCE ON THESE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS, AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS UPON WHICH COMPANY PROVIDES ITS WEBSITE AND OFFERS ITS PRODUCTS AND SERVICES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
Links to Third Party Sites
The Website may link to other websites that are independent of Company. These links are provided only as a convenience. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such site. You visit any such website at your own risk. You agree that Company is not responsible for any loss or damage of any sort you may incur from dealing with such third party website(s).
Ownership of Content
Company owns and operates this Website. Company or third parties own all right, title and interest in and to the materials provided on this Website , including but not limited to the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements), information, documents, logos, graphics, sounds, page headers, button icons, service marks, trademarks, trade dress, and images (collectively, the "Materials"). Except as otherwise expressly provided by us, you may not copy, republish, reproduce, upload, download, display, post, distribute, or transmit the Materials in any way. Nothing on this Website confers any license, express or implied, of Company’s intellectual property rights. Any rights not expressly granted to you by these Terms are reserved by us.
All Website design, text, graphics, and the selection and arrangement thereof, are owned by Company. Copyright © 2018 Adwizar Technologies. ALL RIGHTS RESERVED.
No Resale. Purchaser agrees not resale the Adwizar Academy Course in whole or in part.
Enforcement of Rules and Policies
We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings or suspension or termination of your rights to use our Website. You agree that Company shall not be liable to you or any third party for any termination of your access to the Website, and you agree not to attempt to use the Website after said termination. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other third parties.
In order to protect our rights, property, personal safety, and those rights, property and the personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, we may choose to cooperate with any law enforcement request for information or documents, any administrative, civil or criminal subpoena, or any court order, and we may disclose your information (including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing traffic information, and usage history regarding a user in connection with such circumstances.
You are solely responsible for the content that you submit on or through the Website, and any content or information that you transmit to other users or third party advertisers on the Website.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Summary:
Most or your concerns can be resolved quickly to your satisfaction by contacting our Customer Service Center via https://adwizar.helpscoutdocs.com/ or by Logging into your account and selecting the blue “NEED HELP” button at the bottom right hand corner, select “ASK”
. In the unlikely event that Customer Service cannot resolve your complaint to your satisfaction, or if we have not been able to resolve a dispute with you after trying to do so informally, we each agree to resolve those disputes through binding arbitration rather than in court. Arbitration is less formal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows less discovery than courts, and is subject to very limited court review. The American Arbitration Association (AAA) will serve as the arbitration provider. We agree that any arbitration under these Terms will take place on an individual basis. Representative, group, collective or class actions or arbitrations are not permitted. As explained below, if you prevail in arbitration, Company may pay you more than the amount of the arbitrator's award and will pay your actual, reasonable attorney's fees if you are awarded an amount greater than what Company offered you to settle the dispute before arbitration.
You may speak with your own lawyer before using this Website or purchasing any product or service, but your use of this Website and the purchase of any product or service constitutes your agreement to these Terms.
Digital Millennium Copyright Act
If you are a copyright owner or an agent and believe that any Material or content on this Website infringes your copyright, you may submit a notification under the Digital Millennium Copyright Act ("DMCA") by providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material
d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated agent to receive notifications of claimed infringement is: https://adwizar.helpscoutdocs.com/ Adwizar Technologies, Attn: DMCA Notice.
Only DMCA notices should go to the agent; any other communications should be directed to our customer service department via our [email protected]
In order to contact Company regarding a complaint about the Website or Materials, please Contact Us.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled "YES! JOIN THE PROGRAM”, SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by the Company to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National
Technical Support
If you encounter a technical problem printing or accessing your completed application, or some other problem, our customer service representatives may be able to help. Please contact https://adwizar.helpscoutdocs.com/
Miscellaneous
These Terms constitute the entire agreement between you and Company. They govern your use of the Website and Materials and supersede any prior agreements between you and us. Company’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that Company may have under trade secret, copyright, patent or other laws. Company’s employees are not authorized to modify the Terms, or to make any additional representations, commitments, or warranties binding on Company, except in writing signed by an authorized Company officer. If any provision of these Terms is found to be invalid, you agree that the other provisions of the Terms remain in full force and effect.
You warrant, represent and agree that, by using the Website and/or the Products or Services, you (i) have carefully read and considered these Terms and fully understand its contents, (ii) are consenting to these Terms of your own free will, based upon your own judgment and without any coercion or fear of retaliation, and (iii) you have had a chance to consult independent legal counsel with respect to these Terms.
In the event that you breach these Terms, Company will, in addition to all other available remedies, be entitled to the equitable remedies of a temporary restraining order, preliminary and/or permanent injunction.
Notice for California Users
Under California Civil Code Section 1789.3, California users of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
European Users:
If you are a resident of the European Economic Area, you have the following data protection rights under the European Union’s General Data Protection Regulation, effective May 25, 2018:
If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting us at https://adwizar.helpscoutdocs.com/ . You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive, or we may refuse to comply with your request in these circumstances.
In addition, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information to another service provider. Again, you can exercise these rights by contacting us at https://adwizar.helpscoutdocs.com/
You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing emails we send you. If you are an unregistered user, or to opt-out of other forms of marketing (such as postal marketing or telemarketing), you may contact us at https://adwizar.helpscoutdocs.com/
Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. However, if you revoke your consent, you will not be able to use any service or feature that requires collection or use of the information we collected or used on the basis of consent.
You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. Notwithstanding the foregoing, we reserve the right to keep any information in our archives that we deem necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests as promptly as possible and wait time for response may vary. Occasionally it may take us longer, if your request is particularly complex or you have made a number of requests. In this case, we will notify you.
Governing Law
The Terms and the relationship between you and Company shall be governed by the laws of the State of California without regard to any conflicts of laws principles.