TERMS & CONDITIONS with 

REFUND POLICIES FOR LAURA LOPUCH GLOBAL


Updated 19 March, 2024

My refund policies are different. 

Maybe you'd call them strange.

Before we dive into the exact policies, let me clear about one thing:

I believe you're a good person. 

I don't think you're out to cheat anyone, scheme to get more than you deserve, or rip off a fellow small business and its owner. 

You’re a good person who has a desperate client gen or sales problem to solve and you believe I can help you solve it. 

And I want to see you get results. Too often, a purchase is used to temporarily assuage a pain or problem as though swiping your credit card removes the root of your pain.

Only action does that.

Results are not guaranteed because that's not how life works. You will get results proportionate to the effort you put in.

I also come from the world of attorneys where agreements only exist if they're written down, and CYA ("cover your ass") is a technical term requiring pages of single-spaced documents full of legalese. 

With that in mind, I've designed my policies to give you an added boost of motivation as a good person who understands I'm a small business owner just like you.

So, here are refund policies for all my programs: 

REFUND POLICY FOR COLD EMAIL TOOLKIT

If you use these templates found inside The Cold Email Toolkit and don't feel more confident in your cold emails to get new clients, you'll get a full refund. Please click here to start that process. 

REFUND POLICY FOR FOLLOW UP FORMULA

If you use these templates found inside the Follow Up Formula and don't feel more confident sending follow up emails to your cold emails, you'll get a full refund. Please click here to start that process. 

REFUND POLICY FOR FIND YOUR LEAD WORKSHOP: RECORDING ONLY

If you find & sign 3 new clients using this method outlined in the recorded version of this Find Your Lead workshop, I'll give you a full refund. Please click here to start that process. 

REFUND POLICY FOR SALES CALLS FOR 1-1 CLIENTS

If you sign 3 new clients using the method outlined in this Sales Calls for 1-1 Clients workshop, I'll give you a full refund. Please click here to start that process. 

REFUND POLICY FOR COLD EMAIL SUMMER CAMP: JULY 2023

If you get into the live challenge and realize it's not for you within the first 7 days, email me at [email protected] and explain why it's not a good fit. Because the energy inside a small group, especially with a live challenge, is a big deal, I only want you to be a good fit. If you feel you're not a good fit, I'll immediately refund your entire investment paid to that point.

GUARANTEE FOR COLD EMAIL CASH FLOW METHOD

60 day Cash Flow guarantee: 60 days from the date of your purchase, you send 30 emails using this method. If you don't make back your investment as a result of your actions taken using this client gen method, and following how it's laid out, I'll refund your investment plus $100 for your time. Please click here to start that process. 



THE LEGAL LANGUAGE SECTION

Terms & Conditions​ for Cold Email Toolkit, Follow Up Formula, Find Your Lead workshop, or Sales Calls for 1-1 Clients, Cold Email Summer Camp: July 2023

Updated 24 June, 2023

The following Terms and Conditions are entered into by and between You (“Client” or “You”) and Laura Lopuch Global LLC (“Company”, “we”, or “us”).

Program

The Company agrees to provide you with access to the Online Program or Workshop entitled, “Cold Email Toolkit” or “Follow Up Formula” or “Find Your Lead workshop” or “Sales Calls for 1-1 Clients” (“Program”). As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Terms of Use, Privacy Policy, & Disclaimer

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

Nature of The Relationship

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

 

Fees

In consideration of Your access to the Program, you agree to pay the following fees as outlined on the sales page at the time of your purchase. 

Refund Policy for Cold Email Toolkit or Follow Up Formula 

If you use these templates found inside the Cold Email Toolkit or Follow Up Formula and don't feel more confident in your cold sales emails to get new clients or follow ups to those same cold emails, you'll get a full refund. 

Please click here to start that process. 

Refund Policy for Find Your Lead workshop or Sales Calls for 1-1 Clients

If you sign 3 new clients using the method outlined in the Find Your Lead workshop or Sales Calls for 1-1 Clients workshop, I'll give you a full refund. 

Please click here to start that process. 

Refund Policy for Cold Email Summer Camp: July 2023

If you get into the live challenge and realize it's not for you within the first 7 days, email me at [email protected] and explain why it's not a good fit. Because the energy inside a small group, especially with a live challenge, is a big deal, I only want you to be a good fit.

If you feel you're not a good fit, I'll immediately refund your entire investment paid to that point.

The Program 

As part of the Program, the Company shall provide the following to the Client:

Access To Program Area

– The Company shall maintain a Program Area that may include lessons, forms, worksheets, checklists, templates, and other information. 

You shall have access to this Program Area for as long as the Program Area exists.  In the event that the Company intends to close the Program Area, it shall provide clients with 30 days’ notice and the ability to download the resources contained in the Program Area.

Ownership Of All Intellectual Property

All content included as part of the Program, such as text, graphics, logos, images, templates, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.

Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.

The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.  

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

Confidentiality

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participants to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, its owners and employees, and other Program participants.

Personal Responsibility

By participating in the Program, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Program or not. The Company provides educational and informational resources that are intended to help participants in the Program succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Program are no guarantee that you or any other person or entity will be able to obtain similar results.

You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policies suggested or recommended in the Program.

Materials Provided By You During The Program

The Company does not claim ownership of the information or materials You may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).

However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

In other words, the Company has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Program – in the Program and other marketing material going forward.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

No Warranties

The Company makes no warranties regarding the performance or operation of the Program, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Program. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program. 

Dispute Resolution

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Centennial, Colorado

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. 

Termination And Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.  

Entire Agreement​

This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the Program, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Program. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. 

Waiver

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Force Majeure

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Effective Date 

This Agreement shall commence and be enforceable with respect to each Program participant upon the date that the participant initially registers for the Program.


Cold Email Cash Flow Method Terms & Conditions​


Updated 19 March, 2024

The following Terms and Conditions are entered into by and between You (“Client” or “You”) and Laura Lopuch Global LLC (“Company”, “we”, or “us”).

Program

The Company agrees to provide you with access to the Online Course entitled, “Cold Email Cash Flow Method” (“Program”). As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Terms of Use, Privacy Policy, & Disclaimer

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

Nature of The Relationship

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice. You further agree that your use of the Program is for your own personal use and is not for any other commercial use including but not limited to offering similar or competitive services to those of the Company.

 

Fees

In consideration of Your access to the Program, you agree to pay the following fees as outlined on the sales page at the time of your purchase. 

If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program and the entire unpaid balance is immediately accelerated and due and payable.  

Payment Plan Authorization 

If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

Refund Policy 

We offer a 60 day Cash Flow Guarantee.

Here’s how it works: You send 30 emails within 60 days using the method outlined exactly inside the Cold Email Cash Flow Method. If you don't make back your investment as a direct result of your actions taken from what you learned inside this program, I'll refund your investment plus $100 for your time.

To request your refund, please fill out this form.

After 60 days of the date of your purchase, the refund window has closed and no refunds will be issued. There are no exceptions. 

 

Refunds will NOT be granted if you decide you can’t afford to pay, you don’t want to send cold emails, or don’t do any of the work. 

Please do not enroll in the Cold Email Cash Flow Method if you’re not willing to step outside your comfort zone. 

I put an extraordinary amount of time and effort into this program and expect that you, as a serious student and business owner, plan to do the same. The program is mostly video and text-based. If you aren’t willing to put in the work, this is not the program for you. 

The Program 

As part of the Program, the Company shall provide the following to the Client.

Access To Program Area

– The Company shall maintain a Program Area that may include lessons, forms, worksheets, checklists, and other information. You shall have access to this Program Area for as long as the Program Area exists.  In the event that the Company intends to close the Program Area, it shall provide clients with 30 days’ notice and the ability to download the resources contained in the Program Area.

Bonuses

– From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of purchase.  

Ownership Of All Intellectual Property

All content included as part of the Program, such as text, graphics, logos, images, templates, as well as the compilation thereof, and any software used in the Program, constitutes confidential information and trade secrets of the Company and is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.

Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.

The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.  

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

Confidentiality
“Confidential Information” means any facts, opinions, conclusions, projections, data, information, trade secrets, patents, patent applications, inventions, software, hardware, or know-how relating to any work in process, future development, sales, marketing, financial, or personnel matter relating to Company’s product/training offerings or Company’s present or future development, sales, marketing, financial, or personnel matter relating to Company, its present or future products, patents, patent applications, technology, inventions, know how, sales, customers, employees, investors, prospects, markets, or business, whether communicated orally or in writing or obtained by you through observation or examination of Company's Program or any materials associated with the Program.

You acknowledge that irreparable injury and damage to Company may result from disclosure of Confidential Information to third parties. Therefore, you shall: hold any Confidential Information in the strictest confidence; disclose such Confidential Information only to participants in the Program or any other individuals authorized by Company; use all reasonable commercial precautions, to prevent the unauthorized disclosure of Confidential Information, including, without limitation, protection of documents from theft, unauthorized duplication, and discovery of contents, and restrictions on access by other persons to such Confidential Information; and you shall not use any Confidential Information for any purpose other than your own internal personal use.

You shall have no liability to the Company with respect to the disclosure and/or use of any such Confidential Information that it can establish:

(a) has become generally known or available to the public without breach of this Agreement by you;

(b) was known by you, as established by your written records, before receiving such information from Company; or

(c) has become known by or available to you subsequent to disclosure of such information to you by Company from a source other than the Company, without, to your knowledge, any breach of any obligation of confidentiality owed to Company.

You may disclose Confidential Information if and to the extent that such disclosure is required by applicable law, regulation, or court order, provided that you (i) use reasonable efforts, at Company's expense, to limit the disclosure by means of a protective order or a request for confidential treatment and (ii) provides Company a reasonable opportunity to review, if permitted, the disclosure before it is made and to interpose its own objection to the disclosure.

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participants to share the information.

Personal Responsibility

By participating in the Program, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Program or not. The Company provides educational and informational resources that are intended to help participants in the Program succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Program are no guarantee that you or any other person or entity will be able to obtain similar results.

You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policies suggested or recommended in the Program.

Materials Provided By You During The Program

The Company does not claim ownership of the information or materials You may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).

However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

In other words, the Company has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Program – in the Program and other marketing material going forward.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

No Warranties

The Company makes no warranties regarding the performance or operation of the Program, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Program. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program. 

Jurisdiction, Venue and Choice of Law

You agree that this Agreement and all related documents including all exhibits and other refenced agreements, and all matters arising out of or relating to this Agreement, are governed by, and construed in accordance with, the laws of the State of Colorado, United States of America, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Colorado.

You irrevocably and unconditionally agree that you will not commence any action, litigation, or proceeding of any kind whatsoever against Company in any way arising from or relating to this Agreement and all contemplated transactions, including, but not limited to, contract, equity, tort, fraud, and statutory claims, in any forum other than the United States District Court for the District of Colorado or, if such court does not have subject matter jurisdiction, the courts of the State of Colorado sitting in Denver. You irrevocably and unconditionally submit to the exclusive personal jurisdiction of the above-mentioned courts. You agree that a final judgment in any such action, litigation or proceeding is conclusive and may be enforced in any other jurisdiction by suit on the judgment or in any other manner provided by law.

Dispute Resolution

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Centennial, Colorado

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. 

Equitable Relief

You acknowledge that a breach or threatened breach by you under this Agreement would give rise to irreparable harm to Company for which monetary damages would not be an adequate remedy. In the event of such a breach or a threatened breach by you, Company will, in addition to any and all other rights and remedies that may be available to it at law, at equity, or otherwise in respect of such breach, be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from a court of competent jurisdiction, without any requirement to (a) post a bond or other security, or (b) prove actual damages or that monetary damages will not afford an adequate remedy.

Termination And Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.  

Entire Agreement​

This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the Program, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Program. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. 

Waiver

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Force Majeure

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Effective Date 

This Agreement shall commence and be enforceable with respect to each Program participant upon the date that the participant initially registers for the Program.