Terms & Conditions
Infinitas, LLC (“The Process,” “We,” “Us,” “Our”) provides various business coaching services, products, and goods through this Website (the “Service”). This Service is offered subject to Your acceptance of these Terms as well as any relevant sections of Infinitas, LLC Privacy Policy.
Please read these terms and conditions (“Terms”) carefully before using Our Service.
BY VISITING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU:
A). HAVE READ THESE TERMS,
B). UNDERSTAND THESE TERMS, AND
C). ACCEPT AND AGREE TO BE BOUND BY THEM.
You must be at least 18 years old to access this Website or to purchase products and/or Services from Us. You agree that you are accessing the Services on Our Website for business purposes. If you are using the Service on behalf of an organization, You are agreeing to these Terms for that organization and confirming now to Infinitas, LLC that you have the authority to bind said organization to Our Terms of Service (in which event, “You” an “Your” will refer to that organization).
If you do not agree with these Terms or are under 18 years old, please do not use the Services or Our Website. If at any time you are not willing to be bound by these Terms, you should:
A). Click the “I do not accept” or similar button,
B). Terminate any download and/or installation process,
C). Immediately cease and refrain from accessing or using the program, and delete any copies you may have.
ACCOUNTS
As part of the registration or account creation process, You will create or receive personally identifying login credentials. Certain personally identifying information, such as email address, phone number, billing address and
even payment information (as may be applicable to particular Services which may be offered for sale via this Website), may also be required. Such registration information must be accurate and current. The benefits, rights, and obligations afforded under these Terms are personal to You. You agree not to use, assign, sublicense, transfer, pledge, sell, lease, rent, lend, or
otherwise dispose of the Services and materials (including, but not limited to, audio and/or visual presentations, documentation, software, printed or digital
materials, and other elements characterizing Our Services, also known as the “Content”) on this Website, or any part of such Content, or share your rights under these Terms to and with others. You agree that You will not provide false information to Us in generating Your account. Specifically, You agree that you will not
- select or use the login credentials of another person
or company with the intent to impersonate that person
or company; or - use login credentials in which another person or company has rights without such person’s or company’s authorization.
Failure to comply with the foregoing shall constitute a Breach of these Terms, which may result in immediate suspense or termination of your account.
Only authorized users, who have duly attained access to the Content by personally agreeing to these Terms are permitted participation in and use of the Services, Content, and related materials. Except as expressly authorized by these Terms. You shall not provide or make available any Content, passwords, or any license key to any third party, or use the Content, password, or any license key, to teach any third party any portion of the Services or for any purpose other than exercising rights expressly granted to you by these Terms. You are not allowed to offer coaching services, or coaching-related services to any other members of The Create Leaders Now Trainings / Content / Videos / Audios at any time, now or in the future, without expressed written permission of Infinitas, LLC. In
the event this clause is not honored, you will be in Breach of these Terms & Conditions. You are responsible for maintaining the confidentiality of Your login credentials. We reserve the right to terminate or suspend Your access to the Services if You share Your credentials or transfer such credentials to another party.
You are responsible for all usage or activity on your account on this Website and related Social Media, including use of the account by any third party authorized by you to use your login credentials.
NO REFUNDS
Unless otherwise stated in writing with respect to particular Services offered for sale via this Website, Infinitas, and The Create Leaders Now Training Library (Content, Videos, Audios), abides by a strict, no refund policy. By accepting these Terms, You agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Services offered via this Website. Failure to pay for the entire amount as agreed shall constitute an immediate Breach of Contract. In the event of your Failure to pay the assigned amounts due within the specified time-frames, you automatically hereby authorize Infinitas, and its partners, or assignees, to initiate Recovery of the amount due by way of attaching the debt to any additional credit cards, accounts, or other sources of Payment which may be available to you, including but not Limited to attachment of the debt to existing bank accounts, or assets, you may hold. You further herby agree and accept that you shall be responsible for any and all costs associated with the recovery of past due amounts by Infinitas.
NO WARRANTIES
By accepting these Terms, You agree and understand that We provides seminars and business coaching services only and guarantee no specific results. You acknowledge that We make no promise or representation that You will make a certain amount of money, or any money, or that you will not lose money, as a result of using these Services.
Any earnings, revenue, or income statements viewable on this Website or our related Social Media are based on actual individual results of our clients and/or estimates as may be stated. There is no guarantee that you will make these levels for yourself. As with any business, Your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond Our control, including some variables that neither We nor You may have anticipated. There are no guarantees concerning the level of success You may experience. Each person’s results will vary.
There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly. The use of our information, products and services should be based on your own due diligence and YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR SUCCESS OR FAILURE.
In accepting these Terms, You acknowledge that You take full responsibility for your own success. In no event will We be liable to You or any party related to You for any damage, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if We have been advised of the possibility of such damages.
As such THE SERVICES, CONTENT AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED AS AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILTY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN RISK.
Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
CONSENT TO USE INFORMATION
By accepting these Terms, you agree that We may collect, use and disclose your identifying information obtained as a result of Your membership, for the following purposes: – the processing of this membership application; and -the administration of the membership with our organization.
Please visit the Privacy Policy (www.creationcode.online/privacy-policy/) for further details on our data protection policy, including how You may access and correct your personal information or withdraw consent to the collection, use or disclosure of your personal information.
Additionally, when You communicate with Us, send Us information, or provide Content to Us, You grant Us a nonexclusive, worldwide, perpetual, royalty-free right to exercise all copyright and publicity rights that You have in such Content, in any manner whatsoever, in any media now known or which may be created in the future, as relates to this Website, the Services, and related Social Media.
INTELLECTUAL PROPERTY STATEMENT
The contents of the Services, including the Website, Content, and other materials made available via related Social Media, are protected by United States copyright, trademark, and other intellectual property laws and international treaties and owned or controlled by Infinitas, LLC, or the party credited as the provider of the Content. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.
By accepting these Terms, You further acknowledge and agree that We and Our third-party licensors own and shall continue to own all right, title, and interest in and to the Content and other elements of our Services, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for any limited, revocable license expressly granted to you herein, these Terms do not grant you any ownership or other right or interest in or to the Content and/or other elements of the Services, or any other intellectual property rights of Ours, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that We use in connection with the Services are marks owned by Us. These Terms do not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except where expressly permitted for the storage of downloadable material), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
All use of the website and Program materials involving Infinitas’s proprietary conversations, processes, course material, structure, and associated proprietary technology, know-how, designs, models, and associated product and service offerings (collectively, the “Proprietary Materials”), and said discussions, as well as engagement in the Program, has necessitated and will necessitate, an exchange of Confidential Information (as defined in Section 1 herein below); and You agree to review, examine, inspect and obtain such Confidential Information only for the purposes contemplated hereunder, and to otherwise hold such information in the strictest confidence pursuant to the terms of this Agreement. You hereto agree as follows:
1. “Confidential Information” means all information including, but not limited to, the Infinitas’s business affairs, designs, concepts, language, structure, the Program’s proprietary technology, content, format, trade secrets, know-how, inventions, models, expression of Information, method of expression, diagrams, processes, formats, videos, or any other information relating to the Program, Trainings, and/or Coaching, and Infinitas’s business that is not generally known to the public or to actual or potential competitors of Infinitas (other than through a breach of this Agreement). Without limiting the generality of the foregoing, Confidential Information shall also include (a) any and all information, terms, conditions, or other facts pertaining to the Proprietary Materials and/or the Program, as well as the fact that such information has been provided by Company; and (b) the fact that the Parties are discussing the Proprietary Materials and/or Program. You shall: (i) keep such Confidential Information in the strictest of confidence in accordance with the terms and conditions of this Agreement; and (ii) use the Confidential Information only in connection with the Coaching / Program, unless otherwise agreed to in writing by Infinitas. You shall not record audio, or video, or use any part of the Program, whether audio, or video, or any statements made by Infinitas, its coaches, and/or the Program, at any time, now, or in the future, without written permission by Infinitas. In the event of a dispute, the burden will be on You to demonstrate that the standard of care described herein was used… In the event of a dispute, the burden will be on You to demonstrate that the standard of care described in this Section 1 was used, and the restrictions set forth in this Section 1 were complied with.
2. You may NOT make recordings of the Pre-recorded Videos, Trainings, Live Trainings, or Calls. You may NOT photograph, or copy the slides provided to you. No refunds shall be granted after purchase. You may NOT use this information in any format for purposes of presentation, training, or sharing with any third party whatsoever, without express written permission of Infinitas. Any unauthorized Use of the Information, Material, Concepts, Diagrams, and all other Confidential Information, shall be an immediate breach of contract.
3. You agree and acknowledge that if you violate your obligations under Section 1 and/or Section 2 hereof, it would be extremely difficult to measure the damages that might result from any such violation, and that Infinitas would likely suffer irreparable injury and shall be entitled to (a) injunctive relief without the requirement to post a bond; and/or (b) any other remedies Infinitas may have at law or in equity. Your covenants in each of Section 1 and Section 2 hereof are made for itself and its respective shareholders, directors, officers, employees, affiliates, successors, and assigns, and shall be binding upon any individual, partnership, corporation, trust, association, or other entity or group (“Person”) that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with such Party. For purposes of this Agreement, “Control” (and with correlative meanings, the terms “controlled by” and “controlled with”) means the possession of power to direct or cause the direction of the management and policies of such Person whether through the ownership of voting stock, by contract or otherwise.
4. There shall be no liability for breach of the restrictions contained in Section 1 and Section 2 hereof on use and disclosure of Confidential Information if: (a) You can demonstrate from written records that such information was already in the public domain or became publicly available through no breach of this Agreement by You; (b) You can demonstrate from written records that the information was rightfully and lawfully in your possession without obligation of confidence prior to receipt from Infinitas or that You lawfully obtained the information from a third party who was under no obligation of confidence; (c) You can demonstrate from written records that such information was independently developed by employees of yours who had not had access to Company’s Confidential Information; (d) such information is required to be disclosed by you to comply with a judicial order or decree; provided, however, that you gives prior written notice of such disclosure to Infinitas and take reasonable and lawful actions to avoid and/or minimize the extent of such disclosure; or (e) such information is disclosed with the prior written consent of Infinitas. The burden shall be on you to demonstrate, by documentary evidence, that any of the exceptions contained in this Section 4 apply. Upon request, you will provide Infinitas any and all IP related Information, Log-In Information, Correspondence, or any and all other information requested by Infinitas, within 48 hours of such request. Failure to comply with said Request shall result in an Immediate Breach of Contract.
TERMINATION
We may elect to terminate the Services on this Website at our discretion without notice to You or any liability for any reasons whatsoever, including without limitation, if You breach these Terms. You may terminate any account You establish via this website at any time upon written notice to Us.
MISCELLANEOUS
These Terms may not be modified or amended orally, impliedly, or in any manner not set forth in a duly executed writing or otherwise permitted by these Terms. We reserve the right to modify, terminate, or otherwise amend Services available via this Website and related Social Media accounts. We may, in the future, offer new and/or different services and/or features through its Website and associated Social Media accounts. Such new features and/or services shall be subject to these Terms. Our failure to enforce any rights granted by these Terms or to take action against any other party in the event of any breach shall not be deemed a waiver by Us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
These Terms in all respects shall be governed by and construed according to the laws of the State of Arizona. The venue for any dispute shall be in the County of Maricopa. This Agreement is entered into in Maricopa County, Arizona.
You agree and consent to the exclusive jurisdiction and venue of the State of Arizona, and the county of Maricopa for any dispute arising from or related to this Agreement.
Should any part of these Terms be declared void or unenforceable, that term shall be severed from these Terms and such declaration shall have no effect on the enforceability of the remaining terms. Correspondence should be sent to team@theprocess.vip.
ADDITIONAL TERMS
Client agrees to be mindful of his/her own wellbeing during use of Company’s services and products and seek medical treatment (including, but not limited to psychotherapy), if needed. Company does not provide medical, therapy, or psychotherapy services. Company is not responsible for any decisions made by Client as a result of the coaching and/or any consequences thereof. Client shall hold Company and its owners and officers harmless from any claim whatsoever regarding same.
The parties understand and agree that the relationship established between them under this Agreement is a relationship of Contractor/Consultant. Accordingly, nothing contained in this Agreement shall be construed as constituting the relationship of the parties to be one of agent/principal, partners, joint ventures, or employer/employee, nor shall any party to this Agreement have the right or authority to act or incur any liability or obligation of any kind in the name of or on behalf of any other party to this Agreement.
In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, 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, attorney’s fees, and disbursements – arising out of Client’s use of Company’s services and products.
In the event of any conflict between the provisions contained in this Contract and any marketing materials used by the Company, Company’s representatives, or employees, the provisions in this Agreement shall be controlling.
The term of this Agreement shall be for ten (10) years, and shall automatically renew for successive one (1) month terms until terminated by either Party as set forth herein. This Agreement may be terminated by either Party with respect to subsequent disclosures at any time upon thirty (30) days’ prior written notice to the other Party. Other than expressly set forth herein to contrary, the rights and obligations accruing prior to termination as set forth herein shall survive the termination or expiration of this Agreement for a period of ten (10) years, or for as long as the underlying information is considered a trade secret under Arizona State law, whichever period is longer. The Parties acknowledge and agree that the protections, duties and obligations contained within this Agreement apply to any discussions and disclosures of Confidential Information that predated the Effective Date.
Company shall reserve all ownership and licensing interest in and to Proprietary Materials, as well as any Confidential Information disclosed to Client. This Agreement shall not be deemed to grant or convey to Client any right, title or interest in or to any patent, trademark, license, copyright, trade secret or other right of Company in and/or to the Proprietary Materials and/or Confidential Information.
Nothing in this Agreement shall be deemed to create, either express or implied, the power in either Party to bind the other. Neither Party shall be bound by the actions of the other, shall be liable for the debts of the other or shall have a right to share in the profits of the other. This Agreement is not intended to be a joint venture, partnership or other formal business organization, and neither Party is under any obligation to enter into any further agreement with the other Party.
Client acknowledges and understands that no warranties of any kind are given by Company with respect to the accuracy or completeness of the Confidential Information.
This Agreement may not be assigned in whole or in part by either Party without the prior written consent of the other Party. Notwithstanding the foregoing, either Party, without the prior written approval of the other Party, may assign its rights and obligations hereunder to a successor in ownership of substantially all of the assets of its business, provided that the successor expressly assumes in writing the performance of the terms and conditions of this Agreement. This Agreement shall be binding on and shall inure to the benefit of the Parties hereto, and their respective successors and assigns.
No waiver of any provision of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other provision hereof, nor shall such waiver constitute a waiver in any other instance. No waiver shall be binding unless executed in writing by both Parties.
This Agreement is made under and shall be construed according to the laws of the State of Arizona (without regard to conflict of law principles). The Parties hereby each consent to personal jurisdiction and venue, and agree that the exclusive forum for resolving any litigation, action or claim by either Party against any other shall be, in any state or federal court located in Phoenix, Arizona If any litigation, request for injunctive relief, action or other proceeding is threatened and/or commenced between the Parties or their personal representatives arising out of and/or concerning and/or related to any provision of this Agreement, or the assertion and/or protection of any issue, interest, right and/or duty of any person in relation thereto, whether or not litigation is actually initiated, the prevailing Party shall be entitled to recover from the non-prevailing or defaulting Party, in addition to other relief as may be granted, its reasonable attorneys’ fees in either prosecuting and/or defending such threat, actual litigation, mediation and/or settlement efforts, including, but not limited to, pre-litigation, litigation, trial, post judgment collection, appellate and bankruptcy-related legal fees and costs.
This Agreement contains the entire agreement between the Parties with respect to the subject matter contained herein and supersedes any previous understanding, commitments, or agreements, oral or written. All additions or modifications to this Agreement must be made in writing and must be signed by both Parties and must refer to this Agreement by its complete name.
If any provision of this Agreement is declared invalid by any court of competent jurisdiction, applicable statute, or rule of law, then such provision shall be deemed automatically adjusted to the minimum extent necessary to conform to the requirements for validity as declared at such time and, as so adjusted, shall be deemed a provision of this Agreement as though originally included herein. In the event that the provision invalidated is of such a nature that it cannot be so adjusted, the provision shall be deemed deleted from this Agreement as though such provision had never been included herein. In any event, the remaining provisions of this Agreement shall be interpreted so as to best reasonably effect the original intent of the Parties.
Each Party executing this Agreement agrees that they have fully participated in the drafting of this Agreement and that no Party shall be deemed to be the drafting Party of this Agreement. A facsimile, electronic, or e-mailed copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument. By setting forth my hand below I warrant that I have complete authority to enter into THIS AGREEMENT.