References to the “Services” mean those consulting services provided by us.
References to the “Web site” mean the Web sites bearing the URL www.smartgroupfirm.com, smartstartstrategies.com, smartcashflows.com, smartchoicesbook.com, smartwealthstrategy.com, smartover50.com and www.vickiehelm.com, as well as any other site owned and/or operated by or under the Smart Group Firm brand.
References to “you,” and/or “User,” mean the User of the Web site and/or the Services.
Agreement to be Bound
Collection of your Personal Information
We collect both personally-identifiable information or personal data and non-personally-identifiable information from you. Often, you choose what information to provide to us, but, sometimes, we may require certain information for you to use and for us to provide the Services.
Specifically, we collect the following:
Registration & Account Set Up collected via the Web site. In order to register you as a Customer, provide you with support, process your transactions, or allow you to participate in a contest, we will collect personal data, which may include your full name; telephone number; and email address. We also will collect a user name and password.
In addition, you should note that our payment processors may collect and store sensitive financial information, including your credit card number, expiration date, and billing details for those Customers who pay us via credit card. We store the same only as anonymous data and have no access to or control over the sensitive financial information you may provide.
Smart Group Firm, LLC automatically receives and records information from each User’s browser or your mobile device when you visit the Web site or use certain other Services, such as your IP address in an anonymous fashion or unique device identifier, cookies and data about which pages you visit in order to allow us to operate and provide the Services, and data about the type of device you use to connect to our Services and/or Web site. This information is stored in log files and is collected automatically. We may combine this information from your browser or your mobile device with other information that we or our partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyze and understand how the Services work for our Users, and to provide advertising, including across your devices, and a more personalized experience for members and visitors.
We may also automatically collect device-specific information when you install, access, or use our Services. This information may include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers.
We may collect information about your use of the Services for advertising, analytics, to serve content and to protect the Services, including your IP address, browser information (including referrers), device information (such as iOS IDFA, IDFV for limited non-advertising purposes, Android AAID, and, when enabled by you, location information provided by your device). We may obtain location information you provide in your profile or your IP address. With your consent, we may also determine location by using other information from your device, such as general location information from GPS or information about wireless networks or cell towers near your mobile device. We may use and store information about your location to provide features and to improve and customize the Services, for example, for our internal analytics and performance monitoring; localization, regional requirements, and policies for the Services; for local content, search results, and recommendations; for mapping services; and (using non-precise location information) marketing. If you have consented to share your precise device location details but would no longer like to continue sharing that information with us, you may revoke your consent to the sharing of that information through the settings on your mobile device. Certain non-precise location services, such as for security and localized policies based on your IP address or submitted address, are critical for the site to function. We will only share your geo-location details with third parties (like our mapping, payments, or, to the extent applicable, advertising providers) in order to provide you with the Services.
We use data analytics to ensure site functionality and improve the Services. We do not link the information we store within the analytics software to any personally identifiable information that you submit.
Use of your Personal Information
We may use your personally-identifiable information to process transactions; to provide and improve customer service administration; to personalize your User experience; to contact Users via e-mail or telephone; to respond to inquiries, and/or other requests or questions; to send company news, updates and other related info via our mailing list; and to facilitate registration for and use of our Services
We may use your non-personally identifiable information to create traffic statistics for our Web site; to create User statistics for our Services; to improve customer service; and to personalize your User experience.
Smart Group Firm, LLC gives you the choice of providing, editing or removing certain information, as well as choices about how we contact you. You may change or correct your Smart Group Firm, LLC account information through your account settings. You can also request the deletion of the personal information in your account.
Depending on your location, you may also have certain additional rights with respect to your information, such as: (i) data access and portability (including the right to obtain a copy of your personal data you provided to Smart Group Firm, LLC, via your settings); (ii) data correction (including the ability to update your personal data, in many cases via settings); (iii) data deletion (including the right to have Smart Group Firm, LLC delete your personal information, except information we are required to retain, by contacting us); and (iv) withdrawal of consent or objection to processing (including, in limited circumstances, the right to ask Smart Group Firm, LLC to stop processing your personal data, with some exceptions, by contacting us).
You may also control the receipt of certain types of communications from Smart Group Firm, LLC. Smart Group Firm, LLC may send you messages about the Services or your activity. Some of these messages are required, service-related messages for Users (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can control which optional messages you choose to receive via the unsubscribe link in our emails.
If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may close your account.
Sharing Information with Third Parties
Smart Group Firm, LLC does not sell, rent or lease its customer lists to third parties.
Smart Group Firm, LLC may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or provided marketing services. For example, we share data with ClickFunnels, our Web site administrator, and Google Analytics and Google Remarketing, whose services we utilize for marketing purposes. All such third parties are prohibited from using your personal information except to provide these services to Smart Group Firm, LLC, and they are required to maintain the confidentiality of your information.
Smart Group Firm, LLC may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Smart Group Firm, LLC or the site; (b) protect and defend the rights or property of Smart Group Firm, LLC; and/or (c) act under exigent circumstances to protect the personal safety of users of Smart Group Firm, LLC, or the public.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Smart Group Firm, LLC. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Smart Group Firm, LLC website.
The Smart Group Firm, LLC website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Smart Group Firm, LLC pages, or register with Smart Group Firm, LLC site or services, a cookie helps Smart Group Firm, LLC to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Smart Group Firm, LLC website, the information you previously provided can be retrieved, so you can easily use the Smart Group Firm, LLC features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Smart Group Firm, LLC services or websites you visit.
Security of your Personal Information
Smart Group Firm, LLC secures your personal information from unauthorized access, use, or disclosure. Smart Group Firm, LLC uses the following methods for this purpose:
• SSL Protocol
• Vulnerability scanning
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
In addition, access to your data is restricted to need-to-access individuals.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed. Please note that non-encrypted communication using email is not secure. Thus, we cannot guarantee data security in email communication and, therefore, recommend using physical mail for confidential information.
We operate globally so it is necessary to transfer your information internationally. In particular, your information will likely be transferred to and processed via servers located in Provo, Utah, United States. The United States, European Economic Area (“EEA”) Member States, and other countries all have different laws. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your information is in the United States, it may be accessed by government authorities in accordance with U.S. law.
To the extent that Smart Group Firm, LLC is deemed to transfer personal information outside of the EEA, we rely separately, alternatively, and independently on the following legal bases to transfer your information: Model Clauses. The European Commission has adopted standard contractual clauses (also known as Model Clauses), which provide safeguards for personal information that is transferred outside of Europe. We often use these Model Clauses when transferring personal information outside of Europe. You can request a copy of our Model Clauses by emailing email@example.com.
Smart Group Firm, LLC does not participate in Privacy Shield at this time. However, Smart Group Firm, LLC may rely on the EU-US Privacy Shield to transfer personal information to some of our third-party service providers in the United States, where they are certified to receive such information under the Privacy Shield Program.
Necessary for the performance of the contract. Smart Group Firm, LLC provides a voluntary service; you can choose whether or not you want to use the Services. However, if you want to use the Services, you need to agree to our Terms of Service which set out the contract between Smart Group Firm, LLC and its Customers. As we operate in countries worldwide (including in the United States) and may use technical infrastructure in the United States to deliver the Services to you, in accordance with the contract between us, we need to transfer your personal information to the United States and to other jurisdictions as necessary to provide the Services. Simply put, we can’t provide you with the Services and perform our contract with you without moving your personal information around the world.
Children Under Thirteen; Notice to Minors
Smart Group Firm, LLC does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use the Web site and Services. We request that all users of the Web site and our Services who are under the age of thirteen not disclose or provide any personally-identifiable information. If we discover that a child under thirteen has provided us with personally-identifiable information, we will delete that child’s personally-identifiable information from our records. You are responsible for any and all account activity conducted by a minor under your account.
In addition to protecting the privacy of children under age thirteen we are committed to protect the privacy of minors. Though neither our Web site nor our Services is not targeted to minors nor is it intended to be used by minors, if, for any reason a minor has shared information via our Web site and/or Services said minor may request and obtain removal of such information by contacting us at firstname.lastname@example.org. Although we offer deletion capability, you should be aware that the removal of content may not ensure complete or comprehensive removal of that content or information provided.
Do Not Track Disclosure
Smart Group Firm, LLC will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your Smart Group Firm, LLC account), as described in this policy, or as needed to provide the Services to you. If you no longer want Smart Group Firm, LLC to use your information to provide the Services to you, you may close your account.
Smart Group Firm, LLC will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.
E-mail Communications: How to Opt-Out
From time to time, Smart Group Firm, LLC may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Smart Group Firm, LLC or click on a link therein.
Please note that or marketing and promotional communications are opt-in. If you would like to stop receiving marketing or promotional communications via email from Smart Group Firm, LLC, you may opt out of such communications by clicking on the UNSUBSCRIBE link.
Email marketing campaigns published by us may contain tracking facilities within the actual email. Subscriber activity is tracked and stored in a database for future analysis and evaluation. Such tracked activity may include but shall not be limited to: the opening of emails, forwarding of emails, the clicking of links within the email content, times, dates and frequency of activity. This information is used to refine future email campaigns and supply the User with more relevant content based around their activity.
Social Media Policy
This website is not a part of Facebook, Bing, LinkedIn, Pinterest, YouTube, Twitter, Anchor, Medium or Instagram or the websites of these companies. Additionally, this site is not endorsed in any way by Facebook, Bing, LinkedIn, Pinterest, YouTube, Twitter, Anchor, Medium or Instagram.
Social Media & Digital Products
Video and Audio Content
This website may contain one or more videos and/or audio recordings (individually and collective hereinafter referred to as the “Recordings”). This section describes our respective rights and responsibilities with regard to the Recordings.
Recordings Are For Entertainment And Informational Purposes Only
All Recordings are to be watched and/or listened to for informational and entertainment purposes only. Recordings are not intended to provide specific legal, financial, tax, physical or mental health advice, or any other advice whatsoever to you, any other individual or company, and should not be relied upon in that regard. Any products or services described in the Recordings are only offered in jurisdictions where they may be legally offered. Information provided in Recordings is not all-inclusive, is limited to information that is made available, and such information should not be relied upon as all-inclusive or accurate.
Embedded Recordings From External Social Media Sites Not Owned By Us
Some of the Recordings embedded for your viewing and listening pleasure are hosted on social media websites not owned by us. This may include, but is not limited to, sites such as YouTube.com or Facebook.com (individually and collectively, the “Third Party Social Media Sites”).
We make no claim to the intellectual property rights of the owners of Third-Party Social Media Sites. We also make no claim to the intellectual property rights of Third-Party creators of Recordings hosted on Third-Party Social Media Sites. Our embedding of such Recordings on this website is done pursuant to applicable licenses to do so granted by the Third-Party Social Media Sites.
Embedding Recordings on this website does not create an association, agency, joint venture, or partnership between us and the owners of the Third-Party Social Media Sites or impose any liability attributable to such a relationship upon either party. Recordings are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information contained in the Recordings. You should know that Third Party Social Media Sites may track your viewing and listening habits.
If Recordings embedded on this website were created by us but are hosted on Third Party Social Media Sites, we retain all intellectual property rights for such Recordings except to the extent we granted a license to Third Party Social Media Sites to the Recordings. The hosting of these Recordings by Third Party Social Media Sites does not grant you any rights to such Recordings except to the extent provided under the applicable licenses those sites grant to viewers and listeners of Recordings they host on their websites.
Embedded Recordings Owned By Us And Hosted On Our Servers Or Third-Party Servers Excluding Third Party Social Media Sites
Some of the Recordings embedded for your viewing and listening pleasure may be created by us and hosted on our servers or Third-Party servers. This may include, but is not limited to cloud hosting services from Amazon.com or others but excludes the Third Party Social Media Sites described above.
We own the copyrights and all other intellectual property rights for these Recordings unless otherwise expressly noted. We make no claim to the intellectual property rights of the owners of Third-Party servers who by contractual agreement are hosting our Recordings for us.
Hosting our Recordings on third party servers does not create an association, agency, joint venture, or partnership between us and the owners of those servers, or impose any liability attributable to such a relationship upon either party.
Recordings only provided for your convenience. We do not guarantee the accuracy, completeness, relevance, or timeliness of any information contained in the Recordings. You should know that we and/or the owners of Third-Party servers hosting the Recordings may track your viewing and/or listening habits.
Personal Non-Exclusive Revocable Nontransferable License
When you watch or listen to the Recordings on this website, you understand and agree that you are doing so pursuant to a personal non-exclusive revocable nontransferable license from us to do so.
The Recordings remain the sole and exclusive property of their respective owners, which retain all rights thereto. You understand and agree that the Recordings may not be resold by you or otherwise distributed with or without consideration. You will not make the Recordings available to any third party. You may not reproduce or summarize any of the Recordings in any manner.
You agree to destroy any of the Recordings cached on your computer or otherwise in your possession within 24 hours of watching or listening to said Recordings. Notwithstanding this provision, you agree to immediately destroy any Recordings in your possession upon material violation of the terms and conditions contained in this document, or upon request by us that you do so.
Broken Or Obsolete Recordings
We review our website periodically for broken or out-of-date Recordings. Any and all Recordings may be posted, altered, or removed at any time. To report problems with Recordings on our website, or for more information, please send an email to email@example.com.
“Shelf Life” of Digital Products
Smart Group Firm’s digital training, educational, and entertainment products have a shelf-life of 12 months. Meaning that if you purchase a digital information product from us, you should expect these links, documents, manuals, eBooks, articles, videos, software and other digital information or productivity items to be live, accessible and usable for a period of 12 months following your purchase.
This “Shelf Life” does not apply to recurring memberships. Recurring memberships will remain active, accessible, and usable for an ongoing basis as you remain current with your membership dues. Failure to pay your membership dues may result in termination of your account and a loss of any/all data stored or entered therein.
External Links Policy
Our website contains hypertext links to websites and other information created and maintained by other individuals and organizations. These links are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information or privacy policies posted on these linked websites. You should know that these websites may track visitor viewing habits.
Unless otherwise expressly stated by us, hyperlinks to particular items do not reflect their importance, and are not an endorsement of the individuals or organizations sponsoring the websites, the views expressed on the websites, or the products or services offered on the websites.
We permit links to our website if they do not imply an endorsement by, or affiliation with, our website absent written consent. If we operate an affiliate program, our affiliates may link to our website pursuant to the terms and conditions of our affiliate program agreement with them.
We review our website periodically for broken or out-of-date links. Any and all links may be posted, altered, or removed at any time. Please note that links to external websites may expire over time. Such expiration is beyond our control. To report problems with links on our website, or for more information about this policy, please send an e-mail to firstname.lastname@example.org.
Testimonials, Case Studies, and Examples
Testimonials, case studies, and examples for Smart Group Firm, LLC may be exceptional results, do not reflect the typical purchaser’s experience, do not apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. If we have disclosed typical results based on information provided to us by a manufacturer or other reputable third-party source, you should presume that the typical results as stated are more reliable than the testimonials and examples found on our company website.
However, you should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in typical results information supplied to us by manufacturers or other reputable third parties.
Where specific income or earnings (whether monetary or advertising credits, whether convertible to cash or not), figures are used and attributed to a specific individual or business, that individual or business has earned that amount. There is no assurance that you will do as well using the same information or strategies.
If you rely on the specific income or earnings figures used, you must accept all the risk of not doing as well. The described experiences are atypical. Your financial results are likely to differ from those described in the testimonials. If a product or service is new, you understand that it may not have been available for purchase long enough to provide an accurate earnings history.
You may benefit from a number of rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your personal information, you can do so via your account settings or by contacting us. Upon request, Smart Group Firm, LLC will provide you with information about whether we hold any of your personal information. By visiting your account settings, you can access, correct, change, and delete certain personal information associated with your account. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your personal information. In certain circumstances, you also have the right to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format. If you need further assistance, you can contact Smart Group Firm, LLC through one of the channels listed below under “Contact Information.” We will respond to your request within a reasonable timeframe.
If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing purposes, you can always object using the unsubscribe link in such communications or changing your account settings.
Where you have provided your consent, you have the right to withdraw your consent to our processing of your information and your use of the Services. For example, you can withdraw your consent to email marketing by using the unsubscribe link in such communications or by changing your account settings. You can choose to withdraw your consent to our processing of your information and your use of the Services at any time by closing your account and then emailing email@example.com to request that your personal information be deleted, except for information that we are required to retain. This deletion is permanent and your account cannot be reinstated.
TERMS OF PARTICIPATION
Please READ Carefully by purchasing this product you (herein referred to as "Client") agrees to the follow terms stated herein.
Smart Group Firm, LLC (herein referred to as "Smart Group Firm, LLC" or "Company") agrees to provide Educational Training (herein referred to as "Program) identified in online commerce shopping cart. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
Client understands Smart Group Firm, LLC (herein referred to as "Consultant") is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietitian, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
Each product and/or service offered for sale through any website manged by Smart Group Firm LLC, its subsidiaries, partners or other related entities have a fee as noted on the product and/or service sales page(s). Client is responsible for all payment(s). Smart Group Firm, LLC retains the right to suspend access to any program if payments are not made as they are due.
Some programs may be ongoing with a monthly fee. Each monthly invoice only indicates the payment and balance due for the current month listed on that individual invoice and does not reflect the ongoing or remaining balance for the account. Should you have any account questions you can email firstname.lastname@example.org at any time.
METHODS OF PAYMENT
Client may pay by credit card or debit card or Stripe or PayPal. Client authorizes the Company to charge Client’s credit card or debit card.
If this is an ongoing monthly program and Client elects to pay by monthly installments, Client authorizes the Company to charge Client’s credit card or debit card.
We want you to be satisfied with your purchase but we also want you to give your best effort to apply all of the strategies in the course. We offer a 14-day refund period for purchases if less than 40% of total course material has been viewed (we use a database provider who provides accurate metrics regarding viewership of total course content). However, in order to qualify for a refund, you must submit proof that you did the work in the course and it did not work for you. Please note, if you select the 3 payment option we are not able to stop payments without a refund request being submitted. Refund requests within 24 hours of purchase may require additional verification in an effort to prevent piracy.
In the event that you decide your purchase was not the right decision, within 14 days of enrollment, contact our support team at email@example.com and let us know you’d like a refund by the 14th day. You must include your coursework with your request for a refund. If you request a refund and do not include your coursework by the 30th day, you will not be granted a refund. All refund requests require submission of the respective refund request form.
Refunds are given only when requested by email, by a student who has purchased the course less than 14 days prior, and has completed less than 40% of the course. (ALL DISCOUNTED PURCHASES ARE NON-REFUNDABLE) Absolutely NO exceptions.
Please note: If you opted for a payment plan and you do not request a refund within 14 days, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.
All refunds are discretionary as determined by Smart Group Firm, LLC. To further clarify, we will not provide refunds after the 30th day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: firstname.lastname@example.org.
The Company respects Client’s privacy and insists that Client respects the Company’s and Program Participants (herein referred to as "Participants"). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Participants during Program. Participants agree to be contacted through the methods and details provided at the time of registration on matters regarding, but not limited to: program details, new offers, balances due and collections; unless otherwise requested by the consumer. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company’s publicity or privacy rights.
Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product you agree that if you violate or display any likelihood of violating this session the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
NO TRANSFER OF INTELLECTUAL PROPERTY
Smart Group Firm, 's program is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. The Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Smart Group Firm, LLC. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
The program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. The Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. The company assumes no responsibility for errors or omissions that may appear in any program materials.
Lifetime access is defined as the lifetime of the product, meaning that provided you have met all payment obligations and abided by the terms of service, you will continue to have access to the course until it is discontinued, the website is no longer in service, or the company closes, shuts down or files for bankruptcy; Whichever occurs first. A decision to discontinue will be made at the sole discretion of Smart Group Firm, LLC.
The course is provided as is. Updates or changes may be made available to existing accounts but are not guaranteed.
While we make every effort to provide consistent uninterrupted service, we do not guarantee a specific availability. Service interruptions may occur from time to time due to vendor updates, outages or service issues. When found we will work with our staff and vendors to restore access as quickly as possible, but make no warranties as to time, speed, or availability.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance here under and shall retain control over its personnel and the manner in which such personnel performs here under. In no event shall such persons be deemed employees of the other party by virtue of participation or performance here under.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights here under.
LIMITATION OF LIABILITY
Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter "Releasees") from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. The company assumes no responsibility for errors or omissions that may appear in any of the program materials. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly.
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
The Client may not assign this Agreement without the express written consent of Company.
The Company may modify terms of this agreement at any time. All modifications shall be posted on the official website and purchasers shall be notified.
The Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in Smart Group Firm, LLC Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Smart Group Firm, LLC and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter "Releasees") of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.
RESOLUTION OF DISPUTES
If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
Any notices to be given here under by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, "personal delivery" includes notice transmitted by fax or email. Email: email@example.com. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, United States of America.
Every effort has been made to accurately represent this product and its potential. This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, nor have they been reviewed tested or certified by Facebook.
There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a "get rich scheme."
Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as "anticipate," "estimate," "expect," "project," "intend," "plan," "believe," and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
OUR MINIMUM GUARANTEES
Unless otherwise noted, all products come with a 14 days action based guarantee. Longer conditional guarantees may apply, so check the sales material at the time of your order for details. If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact firstname.lastname@example.org.
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