Terms of Service
REFUND POLICY
CONFIDENTIALITY
1of1 Marketing Inc. stands behind the ability of our courses to actually get you results when you spend the time studying and implementing what you learn.
The Client agrees to pay 1of1 Marketing Inc. the agreed full price of the program in advance. If an installment plan (or monthly payment plan for ongoing coaching) has been agreed during a consultation, the payments will be charged monthly. Failure to make payment will result in a breach of this agreement and 1of1 Marketing Inc. has the rights against the Client for such failure to make installment payments on time, to include, but not be limited to, mandating a collection agency or attorney to obtain payment from Client, which may adversely affect the Client’s credit rating. The Client shall reimburse the Company for all reasonable fees (including legal and collection agency fees) incurred in collecting all amounts owed.
The time of the coaching meetings and/or location will be determined by the Company’s Coach and the Client based on a mutually agreed upon time. Any and all payments made in a connection with this Agreement are non-refundable. All sales are final. Our company “1of1 Marketing Inc.” holds a strict no-refund policy.
1.Use and Disclosure by Client. The Client agrees to maintain in confidence and will not disclose, disseminate or infringe any Confidential Information belonging to 1of1 Marketing Inc. whether or not in written form. The Client agrees that it shall treat all Confidential Information inside 1of1 Marketing Inc. in strict confidence at all times. If the Client is not an individual, The Client agrees that it shall disclose Confidential Information only to those employees who need to know such information, and certifies that such employees have previously signed a copy of this Agreement.
2.Definition of Confidentiality. As used in this Agreement, “Confidential Information” refers to all the business activities, dealings or interests of 1of1 Marketing Inc. and/or its owners, affiliates, employees or contractors; (b) any confidential information, knowledge and know-how, concerning the operations, products, services, procedures, or clients, or customers of 1of1 Marketing Inc. In any format whatsoever, including the information relating to marketing techniques, advertising, policies, procedures, promotions, pricing terms or discounts, customer lists, membership lists, mailing lists, registration cards, sales records, concepts, ideas, trade secrets, other proprietary information, training materials, teaching aids, webinars, website templates, sales scripts, email templates, membership materials (including but not limited to: reports, notes, files, records and any personally identifying information), and/or research of 1of1 Marketing Inc.
3.Thus, the Client understands and agrees that since monetary damages will not be sufficient to avoid all harm and/or compensate for the unauthorized use or disclosure of the Confidential Information, injunctive or other equitable relief would be appropriate to prevent any improper actual or threatened use or disclosure of the Confidential Information or breach of this Agreement.
4.While you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of Confidence.
TERMINATION
The Company may terminate this Agreement to the Client for any violation of the provisions of this Agreement or Company’s policies. In the event of such termination, the Client shall not be entitled to a refund.
Agreement between User and 1of1 Marketing Inc.
Welcome to 1of1 Marketing Inc. The 1of1 Marketing Inc. website (the “Site”) is composed of various web pages operated by 1of1 Marketing Inc. (“1of1 Marketing Inc.”). 1of1 Marketing Inc. is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of 1of1 Marketing Inc. constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
1of1 Marketing Inc. is an Educational Site.
Your use of 1of1 Marketing Inc. is subject to 1of1 Marketing Inc. Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting the1of1marketing inc. or sending emails to [email protected] constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that 1of1 Marketing Inc. is not responsible for third party access to your account that results from theft or misappropriation of your account. 1of1 Marketing Inc. and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
1of1 Marketing Inc. collects personally identifiable information from children under the age of thirteen. 1of1 Marketing Inc. collects this information for the following reason(s):
Facebook Pixel Tracks data of any user on our website. Users who purchases services through us will have to provide information at checkout, regardless of age.
If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use 1of1 Marketing Inc. only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
1of1 Marketing Inc. may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of 1of1 Marketing Inc. and 1of1 Marketing Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. 1of1 Marketing Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 1of1 Marketing Inc. of the site or any association with its operators.
Certain services made available via 1of1 Marketing Inc. are delivered by third party sites and organizations. By using any product, service or functionality originating from the 1of1 Marketing Inc. domain, you hereby acknowledge and consent that 1of1 Marketing Inc. may share such information and data with any third party with whom 1of1 Marketing Inc. has a contractual relationship to provide the requested product, service or functionality on behalf of 1of1 Marketing Inc. users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use 1of1 Marketing Inc. strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to 1of1 Marketing Inc. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of 1of1 Marketing Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
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 on the Site. 1of1 Marketing Inc. content is not for resale. Your use of the Site 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 personal use, and will make no other use of the content without the express written permission of 1of1 Marketing Inc. 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 1of1 Marketing Inc. or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
1of1 Marketing Inc. has no obligation to monitor the Communication Services. However, 1of1 Marketing Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. 1of1 Marketing Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
1of1 Marketing Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in 1of1 Marketing Inc. sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. 1of1 Marketing Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, 1of1 Marketing Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized 1of1 Marketing Inc. spokespersons, and their views do not necessarily reflect those of 1of1 Marketing Inc.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to 1of1 Marketing Inc. or Posted on Any 1of1 Marketing Inc. Web Page
1of1 Marketing Inc. does not claim ownership of the materials you provide to 1of1 Marketing Inc. (including feedback and suggestions) or post, upload, input or submit to any 1of1 Marketing Inc. Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting 1of1 Marketing Inc., 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.
No compensation will be paid with respect to the use of your Submission, as provided herein. 1of1 Marketing Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in 1of1 Marketing Inc. 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.
International Users
The Service is controlled, operated and administered by 1of1 Marketing Inc. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the 1of1 Marketing Inc. Content accessed through 1of1 Marketing Inc. in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless 1of1 Marketing Inc. its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or 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. 1of1 Marketing Inc. 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 1of1 Marketing Inc. in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and 1of1 Marketing Inc. agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 1of1 Marketing Inc. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
1of1 Marketing Inc. 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 ON THE SITE 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. 1of1 Marketing Inc. 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 1of1 Marketing Inc. 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF 1of1 Marketing Inc. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
1of1 Marketing Inc. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and 1of1 Marketing Inc. as a result of this agreement or use of the Site. 1of1 Marketing Inc. performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of 1of1 Marketing Inc. right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by 1of1 Marketing Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.