The following Terms and Conditions govern the agreement (“Agreement”) between You (the purchaser of the Challenge Secrets Masterclass Offer (the “Offer”)) and Etison LLC, and its affiliates, sub-contractors, employees, agents, owners, or assigns (“Etison”), attached hereto and entered into effective as of the date of Your signature on the Agreement (“Effective Date”). You and Etison are each referred to as a “Party” and collectively as the “Parties.”
The Offer includes a monthly subscription for ClickFunnels 2.0 Pro, and is subject to the following terms and conditions:.
1. PAYMENT TERMS. You authorize Etison to process the credit card information you have provided to Etison, in the amount of $197 on an indefinite monthly basis, following the initial 30-day free trial period. You acknowledge and agree that the Offer purchase does not include any other service, product, or expense, other than as set forth herein.
2. 30-DAY FREE TRIAL. During the first 30 calendar days from when You sign up for the Offer, you have the right to cancel the subscription in the Offer without further liability. After the first 30 days of the Offer acceptance by You, you will not be entitled to any refund of monthly amounts paid for the subscription.
3. NO INCOME CLAIMS. You agree that neither Etison, nor its representatives, has made any promise, guarantee, or other representation with respect to Your future income or gains resulting from the provision of the Offer, and that You have not been induced to enter the Agreement as a result of any income claims.
4. TERM. The Agreement shall remain in effect indefinitely from the Effective Date, and You understand and agree that You shall have no right to receive any services following expiration of the Agreement. Any extension or expansion of the Offer may require you to make additional payments.
5. INTELLECTUAL PROPERTY. Etison retains all right, title and interest in any and all intellectual property related to or
associated with the Offer and its services, including without limitation:
(a) trademarks and copyrights; and (b) any other proprietary right arising under the laws of the United States. You understand and agree that neither the Agreement nor the services under the Offer by Etison shall constitute a transfer, assignment, or license of any intellectual property rights from or by Etison. You acknowledge that the content of the Offer services, including without limitation the materials and information provided to You as education, is confidential and proprietary to Etison; accordingly, You agree that You shall not communicate the teachings, materials, or information acquired or learned from Etison to any other person.
6. CONTACTS. By signing the Agreement and providing Your credit card information, You agree that Etison may call and text You regarding Your account information and regarding other offers, products, and services, including through the use of automated dialing equipment and pre- recorded messages, and that this consent is not a condition of purchase.
7. INDEMNITY. You agree to protect, defend, indemnify and hold harmless Etison, its officers, directors, employees or their invitees, from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your receipt of services or actions taken in response thereto. Your indemnity obligation includes, but is not limited to, any claim for personal injury sustained while traveling to or attending any seminar or other in-person training provided by Etison to You.
8. LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL ETISON’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT PAID BY YOU TO ETISON IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO ANY CLAIM BY YOU. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
9. FORCE MAJEURE. Except for the duty to make payments hereunder when due, and the indemnification provisions under this Agreement, neither Party shall be responsible to the other for any delay, damage, or failure caused by or occasioned by any act of God, act of nature or the elements, terrorism, insurrection, or any other causes (except financial) beyond the control of either Party.
10. YOUR REPRESENTATIONS. You represent and warrant that: (a) You operate a business in good standing, and are purchasing the Offer for Your existing business; (b) there are no prior or pending government investigations or prosecutions against You, nor any prior or pending lawsuits against You; and (c) You agree to notify Etison immediately if any investigation or lawsuit is threatened or filed against You, whereupon Etison shall have the right to terminate the Agreement and these Terms and Conditions without liability.
11. MODIFICATIONS TO THE OFFER SERVICES. Etison reserves the right to change, cancel, or terminate the Offer or subscription service at any point in time, without notice to You. Furthermore, Etison may revoke Your access to the subscription or the Offer perks for any breach of this Agreement, any breach of the ClickFunnels Terms of Service or End User License Agreement (which can be accessed on www.clickfunnels.com, or for such other reason as Etison determines in its absolute and sole discretion.
12. NO AGENCY. You are not permitted to hold yourself out to any person or entity as a representative, agent, employee, partner, or otherwise of Etison (or ClickFunnels).
13. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against Etison shall be resolved exclusively in final and binding arbitration before a single arbitrator selected by Etison within a reasonable time of You giving notice of arbitration to Etison. Arbitration shall be held in Ada County, Idaho. You agree not to file suit in any court against Etison, any of its affiliates, subsidiaries, officers, directors, or employees. The arbitration will be subject to the rules of the American Arbitration Association and the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The decision of the Arbitrator will be final and binding on the Parties, subject to appeal only under the FAA, and may be reduced to a judgment in any court of competent jurisdiction. You agree that each Party shall bear its own costs and attorneys’ fees in any arbitration or litigation, regardless of which Party, if either of them, is deemed the prevailing party. Any claim must be brought in arbitration within one (1) year of the claim arising or forever be barred. This agreement to arbitrate survives any termination or expiration of the Agreement as well as bankruptcy or insolvency of either Party. Nothing in these Terms and Conditions prevents Etison from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Etison’s interest prior to, during, or following the filing of any arbitration or other proceeding.
14. WAIVER OF CLASS ACTION You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement, or Etison. Claims brought against Etison may not be joined or consolidated with claims brought by anyone else.
15. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the state of Idaho without regard to any choice of law provisions.
16. SEVERANCE. In the event any provision of the Agreement or these Terms and Conditions is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and these Terms and Conditions, as so modified, shall continue in full force and effect.
17. NO ASSIGNMENT. The Agreement cannot be assigned by You to another party without the express written consent of Etison.
18. OTHER TERMS. This Agreement includes the terms and conditions set forth on www.clickfunnels.com. In the event of conflicting terms, this Agreement shall govern