Contact information
Terms of Service
Last Updated on July 10, 2024
PURPOSE OF THIS AGREEMENT
Welcome to Move Your Blinders, Inc at www.vickipollack.com
This Agreement sets forth your rights and obligations as a Move Your Blinders, Inc User. By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER www.vickipollack.com THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 11, 17, and 18). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
The use of www.vickipollack.com (hereafter “Website”), which is owned and maintained by Move Your Blinders, Inc (“Move Your Blinders, Inc” “we,” “our,” “us”), is governed by the terms and conditions set forth below. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, subscribing, or placing an order over the Website, you and your business agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF USE & SALE (“TERMS”) TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND Move Your Blinders, Inc THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY Move Your Blinders, Inc ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18.
Move Your Blinders, Inc reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at Terms of Service. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.
Table of Contents
Website Use
Website User Conduct and Restrictions-License Terms
Our Privacy Statement and Your Personal Information
Information You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party Agency Accounts
Order Placement and Acceptance
Refunds for Hard Goods
Automatic Enrollment and Payment, and Cancellation
Subscription Terms and Automatic Payment
Shipping Fees
Products, Services, and Prices Available on the Website
Important Disclosures
Testimonials, Reviews, and Pictures/Videos
DISCLAIMERS OF OTHER WARRANTIES
LIMITATIONS OF LIABILITIES
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
Move Your Blinders, Inc Additional Remedies
Indemnification
Notice and Takedown Procedures; Copyright Agent
Third-Party Links
Termination
No Waiver
Governing Law and Venue
Force Majeure
Assignment
Electronic Signature
Changes to the Agreement
Your Additional Representations and Warranties
Severability
Entire Agreement
Contacting Us
Data Privacy Shield
SECTION 1 – WEBSITE USE
The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS-LICENSE TERMS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. Move Your Blinders, Inc trademark and logo are proprietary marks of Move Your Blinders, Inc, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Move Your Blinders, Inc.
Subject to your continued strict compliance with all Terms, Move Your Blinders, Inc provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you purchase a subscription to Move Your Blinders, Inc software over the Website, Move Your Blinders, Inc provides to you a revocable, limited, non-exclusive, non-sublicenseable, non-transferrable license to use the software. You acknowledge and agree that: (1) the software is copyrighted material under United States and international copyright laws that is exclusively owned by Move Your Blinders, Inc; (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of Move Your Blinders, Inc and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
You agree not to use or attempt to use the Website, or any software provided by Move Your Blinders, Inc, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Move Your Blinders, Inc. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:
HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Move Your Blinders, Inc’ reputation; hacking and other digital or physical attacks on the Website; and the violation of the rights of Move Your Blinders, Inc or any third party;
“SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to (Move Your Blinders, Inc )’s reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to (Move Your Blinders, Inc ), any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement. Our Privacy Statement may be viewed at (Www.vickipollack.com). (Move Your Blinders, Inc ) reserves the right to modify its Privacy Statement in its reasonable discretion from time-to-time. Our Privacy Statement is incorporated into this Agreement by reference.
SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS
As a (Move Your Blinders, Inc ) user, you will be required to create an account with (Move Your Blinders, Inc ) .You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your (Move Your Blinders, Inc ) user account, and you agree not to transfer your password or username or lend or otherwise transfer your use of or access to your user account, to any third party. So called “agency accounts,” or accounts in which you host funnels for third parties, are prohibited. Should your usage data indicate, in (Move Your Blinders, Inc )’ sole and exclusive discretion, that you are operating an agency account, you will be subject to cancellation of your (Move Your Blinders, Inc ) user account or enhanced pricing for your (Move Your Blinders, Inc ) user account, at (Move Your Blinders, Inc )’ sole and exclusive discretion. You are fully responsible for all transactions with, and information conveyed to, (Move Your Blinders, Inc ) under your user account. You agree to immediately notify (Move Your Blinders, Inc ) of any unauthorized use of your password or user-name or any other breach of security related to your user account. You agree that (Move Your Blinders, Inc ) is not liable, and you will hold (Move Your Blinders, Inc ) harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 21 below for additional information.
SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE
If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at (Info@vickipollack.com) in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
SECTION 6 – REFUNDS FOR HARD GOODS
If you have purchased a “hard good” (for example, a book or other tangible product) from (Move Your Blinders, Inc ) or any related brands, you may receive a limited refund if you comply with the following conditions:
You must request a refund in writing by contacting (Info@vickipollack.com)
Your request for a refund must be made within thirty (30) days of your purchase;
You must return the hard goods to (Move Your Blinders, Inc ) immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
The hard goods must be returned to (Move Your Blinders, Inc ) in like-new, or re-sellable condition, as determined in (Move Your Blinders, Inc )’ sole, reasonable discretion.
You will not receive a refund for any digitally delivered products such as courses or coaching.
SECTION 7 - AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION
If you do not want to continue your subscription after your free trial comes to an end, you must contact us at least 24 hours before your free trial period ends by submitting a cancellation request to us via our support email address (Info@vickipollack.com). If you do not contact us at least 24 hours before your free trial period ends to cancel, your subscription will automatically continue and the payment card that you provided at the time of enrolment online will be charged the full (Move Your Blinders, Inc ) monthly membership subscription rate provided at the time of enrollment each month until you cancel. (Move Your Blinders, Inc ) can change the monthly membership subscription rate at any time. If the membership subscription rate changes after you subscribe, we will notify you by e-mail and give you an opportunity to cancel.
If you wish to cancel your subscription (including subscriptions for services) at any time after a free trial or discounted period ends, you must submit a cancellation request to us via our support email address (Info@vickipollack.com). For monthly subscriptions (including subscriptions for services), we require at least ten (10) days’ notice of cancellation by email. If you provide such notice less than ten (10) days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments to (Move Your Blinders, Inc ); (Move Your Blinders, Inc) in its sole discretion may charge a cancellation fee equal to the amount the subscription was discounted.
SECTION 8 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT
A (Move Your Blinders, Inc ) user is responsible for paying all sums due to (Move Your Blinders, Inc ) in connection with their monthly subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access, or after your free trial ends and you have not canceled the automatic subscription with us. Every calendar month, your account will be charged the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively, “Fees”). Failure by (Move Your Blinders, Inc ) user to use any of the services available through the service provided by (Move Your Blinders, Inc ) does not relieve (Move Your Blinders, Inc ) user of their payment obligations under these Terms.
Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount).
IF YOU ARE A (MOVE YOUR BLINDERS, INC ) USER WITH A MONTHLY SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO (MOVE YOUR BLINDERS, INC ), YOU MAY DO SO THROUGH YOUR ACCOUNT DASHBOARD OR BY E-MAILING (INFO@VICKIPOLLACK.COM). AT LEAST TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH.
(Move Your Blinders, Inc ) reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event (Move Your Blinders, Inc ) starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 20 below.
In addition to any Fees, (Move Your Blinders, Inc ) may also charge applicable value added or other tax.
SECTION 9 – SHIPPING FEES
Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the e-mail address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.
SECTION 10 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
Products, services, and prices are generally posted at the following URL, but are subject to change: (Www.vickipollack.com). (Move Your Blinders, Inc ) reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.
Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing, or placing an order over the Website, you authorize (Move Your Blinders, Inc ) to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of (Move Your Blinders, Inc ) services, and unless you terminate your subscription as provided herein, you agree that (Move Your Blinders, Inc ) may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after e-mail notice has been provided to you.
(Move Your Blinders, Inc ) takes reasonable steps to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
When ordering products or services, please note that (Move Your Blinders, Inc ) does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except as provided in Section 6 of these Terms. (Move Your Blinders, Inc )’ descriptions of, or references to, products or services not owned by (Move Your Blinders, Inc ) are not intended to imply endorsement of that product or service or constitute a warranty by (Move Your Blinders, Inc ).
SECTION 11 – IMPORTANT DISCLOSURE
(Move Your Blinders, Inc ) is a publisher and education company. You understand that no content published as part of the Services constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the creators or providers of our Services or their affiliates will advise You personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. Accordingly, do not attempt to contact them seeking personalized investment advice, which they cannot provide. To the extent any of the content published as part of the Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
You understand that the views expressed in the Services are the authors’ own opinions. The Services may contain opinions from time to time regarding securities mentioned in other Services, and that those opinions may be different from those obtained by using another portion of the Services. Trading in securities (including, without limitation, stocks, options, ETFs and bonds) involves risk and volatility. Past results are not necessarily indicative of future performance.
You understand and agree that certain of (Move Your Blinders, Inc )’s affiliates and employees may, from time to time, have long and short positions in, or buy or sell the securities, or derivatives thereof, of companies mentioned in respective Services and may take positions inconsistent with the views expressed.
Third-Party Content is not subject to (Move Your Blinders, Inc )’s investment policy and therefore the preceding paragraph does not apply to Third-Party Content, (Move Your Blinders, Inc ) makes no representations regarding Third-Party Content, nor is (Move Your Blinders, Inc ) liable for Third-Party Content.
You understand that performance data is supplied by sources believed to be reliable, that the calculations therein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. In addition, past performance is not an indication of future results.
From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
When U.S. exchanges are open, any quotes (other than those obtained through the real-time quote services available to users of certain Services) are delayed. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any investment, You should consult with a qualified broker or other financial professional to verify pricing information.
To the extent any of our Services involves a model portfolio or an actual portfolio of investments, as described below, such portfolio of investments is chosen by the author in accordance with their stated investment strategy. Your actual results may differ from results reported for the portfolio for many reasons, including, without limitation:
performance results for the portfolio do not reflect actual trading commissions that You may incur;
performance results for the portfolio do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect Your results;
the investments chosen for the portfolio may be volatile, and although the “purchase” or “sale” of an investment in a portfolio will not be effected in the portfolio until after the sending of an email alert from (Move Your Blinders, Inc ) has been commenced, server, delivery delays and other factors may cause the price You obtain to differ substantially from the price at the time of the alert;
You may not have the capital to trade as frequently as the portfolio;
the size and timing of a subscriber’s purchase or sale of a stock may affect the price of the stock.
SECTION 12 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
(Move Your Blinders, Inc ) is pleased to hear from users and customers and welcomes your comments regarding our services and products. (Move Your Blinders, Inc ) may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to (Move Your Blinders, Inc )’ services or products, in printed and online media, as (Move Your Blinders, Inc ) determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products. As set forth above in Section 11, your business’ results will vary depending upon a variety of factors unique to your business and market forces beyond (Move Your Blinders, Inc )’ control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant ((Move Your Blinders, Inc ) a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.
Additionally, (Move Your Blinders, Inc ) reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. (Move Your Blinders, Inc ) shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
SECTION 13 – DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to protect, defend, indemnify and hold harmless (Move Your Blinders, Inc ) its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third-party claim against (Move Your Blinders, Inc ) for liability for payments for, damages caused by, or other liability relating to, You.
SECTION 14 – LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL (MOVE YOUR BLINDERS, INC ) OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER (MOVE YOUR BLINDERS, INC ) HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL (MOVE YOUR BLINDERS, INC )’ LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO (MOVE YOUR BLINDERS, INC ) FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST (MOVE YOUR BLINDERS, INC ) OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
SECTION 15 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree to first contact us at info@vickipollack.com to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Policy, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Contra Costa County, California, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Policy, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or (Move Your Blinders, Inc ).
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of California without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and (Move Your Blinders, Inc ) agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and (Move Your Blinders, Inc ) expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120-day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with (Move Your Blinders, Inc ), bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
SECTION 16 – (MOVE YOUR BLINDERS, INC )’ ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to (Move Your Blinders, Inc ), in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of (Move Your Blinders, Inc ) or a third-party, (Move Your Blinders, Inc ) shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Contra Costa County, California restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting (Move Your Blinders, Inc ) from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Contra Costa County, California for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
SECTION 17 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless (Move Your Blinders, Inc ), its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.
SECTION 18 – NOTICE AND TAKEDOWN PROCEDURES; DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send (Move Your Blinders, Inc ) a notice requesting that (Move Your Blinders, Inc ) remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send (Move Your Blinders, Inc ) a counter-notice. Notices and counter-notices should be sent to (Move Your Blinders, Inc ), Attention Legal Department, (PO Box 105 East Setauket, NY 11733) or by e-mail to info@vickipollack.com The Terms fully incorporate by reference the DMCA Policy.
SECTION 19 – THIRD-PARTY LINKS
The Website may contain links to other websites. (Move Your Blinders, Inc ) assumes no responsibility for the content or functionality of any non-(Move Your Blinders, Inc ) website to which we provide a link. Please see our Privacy Policy located at PRIVACY STATEMENT. for more details.
SECTION 20 – TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of (Move Your Blinders, Inc ) or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 11, 12, 13, 15 through 21, and 24 through 33 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with (Move Your Blinders, Inc ).
Upon termination, you remain responsible for any outstanding payments to (Move Your Blinders, Inc ).
SECTION 21 – NO WAIVER
No failure or delay on the part of (Move Your Blinders, Inc ) in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by (Move Your Blinders, Inc ).
SECTION 22 – GOVERNING LAW AND VENUE
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement. or any matter concerning (Move Your Blinders, Inc ), including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of California without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 19 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Contra Costa County, California, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.
SECTION 23 – FORCE MAJEURE
(Move Your Blinders, Inc ) will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
SECTION 24 – ASSIGNMENT
(Move Your Blinders, Inc ) may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without (Move Your Blinders, Inc )’ (or its assigns’) express written consent.
SECTION 25 – ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication. When you communicate with (Move Your Blinders, Inc ) through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
SECTION 26 – CHANGES TO THE AGREEMENT
You can review the most current version of the Terms at any time at Terms. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Statement by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.
SECTION 27 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that (Move Your Blinders, Inc ) has the right to rely upon all information provided to (Move Your Blinders, Inc ) by you, and (Move Your Blinders, Inc ) may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify (Move Your Blinders, Inc ) of the same within 24 hours. (Move Your Blinders, Inc ), at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by (Move Your Blinders, Inc ) without incurring any obligation or liability to you.
SECTION 28 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 29 – ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and (Move Your Blinders, Inc ) and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and (Move Your Blinders, Inc ). We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 30 – CONTACTING US
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to info@vickipollack.com
If you have any questions or inquiries concerning any of the Terms, you may contact (Move Your Blinders, Inc ) by email at info@vickipollack.com or by regular mail at PO Box 105 East Setauket, NY 11733
For additional inquiries, please feel free to send an email to the relevant address listed below.
Compliance: info@vickipollack.com
Spam or Abuse: info@vickipollack.com
For General Support and Inquiries: info@vickipollack.com
Notices to you may be made by posting a notice (or a link to a notice) on Terms by email, or by regular mail, at (Move Your Blinders, Inc )’ discretion.
SECTION 31 – DATA PRIVACY SHIELD – GDPR
What is GDPR? It is the EU Data Privacy Shield that becomes effective on February 8, 2023. It applies to any person or business that sells or markets goods or services to EU residents or deals with personal data of those that reside under European Union. The "Personal Data" definition under GDPR is very broad as it covers any information that could potentially identify the data subject being targeted.
Is (Move Your Blinders, Inc ) GDPR Compliant? In short, yes. Please see our privacy policy at www.vickipollack.com for more information.
Copyright 2024 - (Move Your Blinders, Inc ) - All Rights Reserved
Affiliate Terms:
AFFILIATE TERMS
The following agreement is mandatory to sign and agree to in order to be an affiliate for any courses in Vicki Pollack’s Course Collection. It is important to ensure that you educate yourself on FTC marketing guidelines so you can always stay compliant. If you are choosing to market noncompliantly, you will be removed from the affiliate program. Please reach out with any questions at info@vickipollack.com.
By signing this agreement, the Affiliate acknowledges and agrees to the following conditions:
FTC Compliance Requirement
The Affiliate must adhere to all applicable U.S. Federal Trade Commission (FTC) guidelines, including but not limited to the FTC Act and FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising. Affiliates are required to disclose their affiliate relationship transparently in any marketing or promotional materials, in compliance with FTC regulations. Violations of these guidelines will result in immediate termination of the affiliate agreement. Questions can be directed to info@vickipollack.com.
Cookie Duration
The affiliate program operates with a 30-day cookie policy. This means that any customer who clicks on an affiliate link has 30 days to make a purchase for the Affiliate to earn a commission. If the customer clears cookies or uses a different device, the tracking will not apply. Affiliates are encouraged to communicate this clearly in their promotional efforts to avoid misunderstandings.
Non-Negotiable Compliance Standards
The Affiliate is required to actively monitor and ensure that their promotional strategies comply with this agreement and FTC guidelines. Failure to comply may result in the forfeiture of commissions and removal from the program.
Affirmation of Understanding
By signing this agreement, the Affiliate affirms their understanding of and commitment to compliance with FTC regulations and acknowledges the 30-day cookie policy. Failure to comply with these terms may result in termination of their affiliate status without recourse.
The Affiliate, and the Brand, Move your Blinders Inc (Vicki Pollack) enter an Affiliation pursuant to, and in accordance with, these terms and conditions and agree as follows:
DEFINITIONS
Unless the context requires otherwise, capitalised terms and expressions in this Agreement are defined terms and expressions which shall have the following meaning:
(a) “Agreement” means these terms and conditions together with the contents of the Registration Form (upon submission by the Affiliate);
(b) “Account(s)” means any account(s) of or relating to the Affiliate for the software used by the Brand to provide the Affiliate Link(s), the Materials, and data that relates to the Affiliation, including, but not limited to, the accrued Commissions;
(c) “Affiliate” means any (natural or legal) person who has agreed to, and is therefore bound by, this Agreement;
(d) “Affiliate Link(s)” means (a) unique website Uniform Resource Locator(s) (URL(s)) assigned to the Affiliate by software made available by the Brand directing third parties to the Web Page or (a) specific web page(s) relating to a specific Product for the purpose of tracking third-party purchases made directly as a result of clicking on that/those website URL(s);
(e) “Affiliation” means the affiliate relationship between the Brand and the Affiliate commenced by the Affiliate agreeing to this Agreement and governed by this Agreement;
(f) “Approved Locations” means the Affiliate’s website(s), social media user-generated content, emails, online software application(s), and other locations for which the Affiliate has received prior approval from the Brand by email;
“Brand” means Vicki Pollack, acting in the name of the Corporation, Move your Blinders, Inc, having the registered business address at PO Box 105 East Setauket, NY 11733
(g) “Commencement Date” means the date on which the Registration Form has been submitted by the Affiliate
(h) “Commission(s)” has the meaning ascribed thereto in clause 10.1 of this Agreement;
(i) “Confidential Information” means, in relation to a Party, all information (whether the information is in oral or written form or is recorded in any other medium):
(i) about or pertaining to the business of that Party, its affiliates, or their respective clients, suppliers, or business associates (including but not limited to information on products, technology, IT operations, intellectual property rights, know-how, financial information, and personal data), which
is disclosed to the other Party, its affiliates or their respective personnel or contractors (or personnel of a contractor), or which is acquired by or otherwise comes to the knowledge of the other Party) in connection with the Affiliation;
(ii) the contents of this Agreement;
(iii) all information identified by a Party as confidential; and
(iv) all other information of which the other Party knows or should reasonably know to be of a confidential nature;
(j) “Gross Revenue” means the gross sales price paid for one or more Product(s) by a third party and actually received by the Brand as a direct result of a third party clicking on the Affiliate Link, but not including (if applicable) taxes, including, but not limited to, sales taxes and value-added taxes, late charges, collection costs, and any other payment made to the Brand that is not the purchase price for the Product(s) that is/are purchased;
(k) “License” has the meaning ascribed thereto in clause 6.3 of this Agreement;
(l) “Materials” means the name Vicki Pollack and Move Your Blinders, Inc the Affiliate Links, and any information and materials, including, but not limited to, trademarks, logos, images, texts, banner advertisements, affiliate links, website links or URLs, hyperlinks, button links, text links, and/or other information or materials of or in relation to the Brand, the Brand explicitly provides to the Affiliate in relation to the Affiliation;
(m) “Parties” means the Brand and the Affiliate;
(n) “Party” means either of the Parties;
(o) “Products” means the products and/or services provided on the Web Page;
(p) “Registration Form” means the registration form provided by the Brand to the Affiliate to register for the Affiliation; and
(q) “Web Page” means the website page with the website Universal Resource Locator www.vickipollack.com
INDEPENDENT CONTRACTORS
2.1 The Affiliate will act as an independent contractor. The Affiliate has no right to act for or on behalf of the Brand. The Affiliate shall not introduce itself as a subcontractor of the Brand.
2.2 The Parties expressly do not intend to create a joint venture, principal-agent relationship, general or silent partnership, or any partnership exceeding the cooperation envisaged in this Agreement. The rights and obligations of the Parties are limited to those expressly set out in this Agreement.
2.3 The Parties do not contemplate a sharing of profits relating to their respective services nor co-ownership of a business or property to create a taxable entity under the law of any jurisdiction. Revenue and expenses relating to the Parties’ respective services shall be reported separately by the Parties for tax purposes.
DISCLAIMERS
3.1 The Brand’s website, including, but not limited to, the Web Page, the Products, any other products and services offered on the Brand’s website, the Materials, any special links, link formats, content, the Brand’s intellectual property, and all other materials, data, images, text, and other information provided or used by or on behalf of the Brand in connection with the Affiliation are provided “as is” and “as available”.
3.2 The Brand disclaims any and all representations and warranties of any kind, whether express, implied, statutory, or otherwise, with respect to the Products, including any implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, or non-infringement and any warranties arising out of any law, trade usage, course of dealing, custom, or performance.
3.3 The Brand disclaims any and all representations and warranties that the Products will continue to be provided or will be accurate, free of errors or mistakes, or free of harmful components.
3.4 The Brand disclaims any and all representations and warranties toward the Affiliate for:
(a) any errors, mistakes, inaccuracies, viruses, malicious software, or service interruptions, including power outages or system failures in relation to the Brand’s website or any software used by the Brand in relation to the Affiliation; or
(b) any deletion, alteration, damage, damage, or loss of, or unauthorized access to, the Affiliate’s website(s), social media user-generated content, emails, online software application(s) or any data, images, text, or other information or content of the Affiliate.
3.5 Any advice or information obtained by the Affiliate from the Brand in relation to the Affiliation are expressions of opinion only and will not create any warranty or guarantee.
NO REPRESENTATIONS REGARDING INCOME POTENTIAL
The Brand makes no representations, guarantees, or warranties regarding potential income that may result from the Affiliation and the Brand specifically disclaims any and all warranties relative to earning potential from the affiliate status.
PRODUCTS
5.1 The Brand provides or procures the provision of each of the Products at the rates provided on the Web Page.
5.2 The Brand may discontinue or change the nature, scope, functions, features, or operation of any Product or the Web Page or change the terms under which the Products are offered at any time at its sole discretion and without notice.
5.3 The Brand is entitled to, at its sole discretion and without notice, increase or decrease the price of any Products and apply discounts to the price of the Products. For the avoidance of doubt, such changes in pricing will affect the Gross Revenue and, therefore, the amount of Commission the Affiliate receives.
5.4 The Affiliate shall cooperate with all reasonable changes that the Brand may implement with respect to the Products, the Web Page, the systems used to provide the Products, the procedures related thereto, and the applicable rates.
INTELLECTUAL PROPERTY & LICENSE
Ownership
6.1 Except as expressly provided in this Agreement, this Agreement does not give the Affiliate any ownership rights, intellectual property rights, license or interest in the Materials or any other intellectual property or know-how.
6.2 Any intellectual property rights to the Materials remain exclusively vested in the Brand, its licensors, or its suppliers. The Affiliate will not be granted any right or title to such Materials other than as explicitly stated in this Agreement.
License
6.3 The Brand solely grants the Affiliate a non-exclusive, revocable, non-transferable, non pledgeable, and non-sublicensable license to use:
(a) the Brand’s name, personal details, likeness, image, voice, and/or other intellectual property of the Brand; and
(b) non-exclusive license to use the Materials,
hereinafter referred to as; the “License,” subject to the terms and conditions laid down in this Agreement and the applicable mandatory legal provisions.
6.4 For the avoidance of doubt, a “non-exclusive license” grants the licensee the right to use the specified intellectual property but does not prohibit the licensor from licensing the same property to other parties.
Purpose
6.5 The Brand grants the Affiliate the License for use solely for the purpose of promoting the Products and/or the Web Page in compliance with the terms and conditions of this Agreement and the instructions provided by the Brand.
Locations
6.6 The License is only applicable to the Approved Locations.
6.7 For the avoidance of doubt, the Affiliate is not permitted to use (any part of) the Recording for paid advertising purposes, including, but not limited to, advertisements on social media or Google, without the prior approval of the Brand given by email.
Edits & modifications
6.8 The Affiliate may not edit, change, amend, modify, share, distribute, reproduce, publish or otherwise make available the Materials in any way without the prior approval of the Brand given by email. The Affiliate hereby assigns, and the Brand automatically receives, the intellectual property rights to any and all materials the Affiliate creates using (any part of) the Materials at the moment of creation. For the avoidance of doubt, an “assignment” is the transfer of ownership of specified intellectual property from the original owner (the assignor) to another party (the assignee).
Use of Affiliate’s intellectual property
6.9 The Affiliate provides the Brand a non-revocable, royalty-free, non-exclusive license to use the Affiliate’s figurative mark, logo, personal name and business name and any materials, content and information created and/or provided by the Affiliate in relation to the
Affiliation, the Products and/or the Brand in any public communication and any communication purposes with third parties, including, but not limited to, for the purpose of marketing, advertising and promotion.
AFFILIATE LINKS
7.1 The Affiliate may place Affiliate Links on the Affiliate’s website(s), social media user generated content, emails, and online software application(s). Placement of an Affiliate Link on any additional websites, social media platforms, other platforms or other locations requires prior approval by the Brand given by email.
7.2 The Affiliate consents to the Brand monitoring the website(s), social media platforms and other platforms on which Affiliate Links are used for the purpose of determining the Commissions and the continued compliance with this Agreement.
7.3 Each Party consents to the other Party documenting information relative to traffic from the website(s) and/or social media platforms for which hyperlinks are made for internal use only.
COMMUNICATION WITH THIRD PARTIES
8.1 The Brand may provide the Affiliate instructions and specifications by email on how and in what form to communicate with third parties. The Brand may amend its own instructions at any time for any reason.
8.2 The Affiliate shall follow the instructions and specifications of the Brand to the best of its abilities. In the Affiliate’s communication with third parties, the Affiliate shall conform to the instructions and specifications of the Brand as provided.
ANTI-SPAM
The Affiliate will not, directly or indirectly, use the Affiliate Links, Materials or any other materials or information in relation to the Affiliation, the Products or the Brand, for the purpose of direct marketing, spamming, unsolicited contacting of customers or clients of the Brand.
COMMISSION & PAYMENT
10.1 The Brand will pay the Affiliate a commission equal to 50% of the Gross Revenue associated with the specific product they are affiliating for (hereinafter referred to as; the “Commission”). The Brand may, at any time and for whatever reason, increase or decrease the Commission.
10.2 The Brand will pay the Commissions only upon collection by the Brand of the relevant Gross Revenue. The Affiliate has no right to the relevant Commission until the relevant third party has paid the Brand in full.
10.3 The amount of the total Commission to be paid out to the Affiliate will be determined and paid out by the Brand via Paypal within 7-14 days after the last calendar day of each calendar month of a given calendar year based on Gross Revenue actually received by the Brand during the previous month of the calendar year.
10.4 All amounts stated in this Agreement are exclusive of sales tax, value-added tax (VAT), and any other taxes if applicable.
10.5 If any VAT, sales taxes and/or other taxes are chargeable on any Commission, the Brand may deduct or withhold any taxes that the Brand may be legally obligated to deduct or withhold from any amounts payable to the Affiliate under this Agreement. The Brand may request tax information from the Affiliate. If the Brand requests tax information from the Affiliate and the Affiliate does not provide such information to the Brand, the Brand reserves the right (in addition to any other rights or remedies available to the Brand) to hold any and all Commissions until the Affiliate provides such information or otherwise satisfies the Brand that the Affiliate is not a person from whom the Brand is required to obtain tax information.
10.6 Any costs associated with the payment of the Commissions, including, but not limited to, transfer fees, processing fees, and conversion rates, are borne and paid by the Affiliate.
NO RIGHT TO COMMISSION
11.1 Commissions will only be paid to the Affiliate for Gross Revenue (which is a result of the gross sales price paid for one or more Product(s) by a third party and actually received by the Brand as a direct result of a third party clicking on an Affiliate Link), and only if: (i) those Commissions are tracked through the tracking system of the software used by the Brand; and (ii) an Affiliate Link is indicated by that software as the source of those Commissions.
11.2 For the avoidance of doubt, no Commissions or other remuneration shall be paid by the Brand to the Affiliate for any other, additional or subsequent products or services, including, but not limited to:
(a) any additional or subsequent purchases made in the Web Page by third parties who have previously purchased Products in the Web Page as a direct result of clicking on the Affiliate Link;
(b) any purchases in the Web Page by third parties that have not been registered by the software that registers purchases made through the Affiliate Link; or
(c) any payment made to the Brand made by third parties for other products or services promoted, sold, advertised or otherwise mentioned on any website, social media platform or any other communication medium used by the Brand or elsewhere.
11.3 The Affiliate is not entitled to Commissions that are based on sales to the extent that they are:
(a) attributable to credit card fraud, credits given to customers, or bad debt right off; or
(b) refunded, reduced or deducted for whatever reason,
and the Brand is entitled to deduct any Commission paid to the Affiliate for such sales from any subsequent Commissions.
11.4 The Affiliate is not entitled to any Commissions for its own purchases through its Affiliate Links.
11.5 If any sales or Commissions are not assigned to the Affiliate by the software used by the Brand due to the improper formatting of or errors or mistakes in the Affiliate Link, whether or not attributable to either of the Parties, no Commission for such sales will be paid to the Affiliate and the Affiliate is not entitled to any compensation for damages or otherwise.
11.6 Without prejudice to any right to recover damages and other rights or remedies available to the Brand, the Brand is entitled to permanently (to the extent permitted by applicable law) cease payment of any and all Commissions otherwise payable to the Affiliate, whether or not directly related to such violation without notice if the Affiliate violates any of the terms
and conditions of this Agreement.
COSTS
12.1 The Affiliate is fully responsible for all costs and expenses of maintaining and marketing the Products, including, but not limited to, all costs associated with the creation, hosting, modification, and improvements to the Affiliate’s website, costs of search engine placement, costs of inserting the Affiliate Links into its website and/or social media platforms, other (online and offline) marketing costs, and all other costs and expenses, and the Affiliate hereby holds the Brand harmless from or against the same.
12.2 Unless explicitly provided otherwise, the Parties will perform their respective obligations under this Agreement at their own cost and expense.
LIMITATION OF LIABILITY
13.1 The Brand disclaims any and all warranties, guarantees and liabilities related to any downtime or failure for users to be able to access its website, including, but not limited to, the Web Page, or to access the Web Page or any Product page using an Affiliate Link. The Brand does not represent or warrant that its website or any application, including but not limited to its link tracking features, will be free of errors or that they will function without interruption.
13.2 Without prejudice to clause 13.5, the Brand’s aggregate liability is limited to direct damages and the total amount of the relevant Commissions, excluding sales taxes, value-added taxes and any other taxes payable by the Brand to the Affiliate under this Agreement in the twelve months immediately preceding the date on which the event giving rise to the most recent claim of liability occurred.
13.3 Without prejudice to clause 13.5, the Brand is not liable for indirect damages or loss, including, but not limited to, consequential, incidental, special, or exemplary damages, or any loss of revenue, profits, savings, business opportunities, use, data, goodwill, or any loss due to business interruption.
13.4 The Affiliate waives any right or remedy in equity, including, but not limited to, the right to seek specific injunctive, performance or other equitable relief in connection with the Affiliation or this Agreement.
13.5 Nothing in this clause 13 shall operate to limit liabilities in the event of fraud, wilful misconduct, gross negligence or any (other) liabilities that cannot be limited under applicable law.
INDEMNITIES
14.1 The Affiliate is solely responsible for:
(a) displaying Affiliate Links, Materials and any other materials and information in relation to the Affiliation in compliance with this Agreement, all applicable laws, regulations, directives, rules, ordinances, orders, judgments, decisions, licenses,
guidelines, codes of practice, codes of conduct, permits, industry standards, self regulatory rules, or other requirements of any applicable governmental authority, including, but not limited to those related to:
(i) disclosures, including but not limited to, the U.S. Federal Trade Commission (FTC) Act and U.S. FTC Guides Concerning the Use of Endorsement and Testimonials in Advertising (if applicable), the EU Unfair Commercial Practices Directive (UCPD) and the UCPD Guidance (if applicable), the UK Consumer Protection from Unfair Trading Regulations 2008 (if applicable);
(ii) the use of personal data and privacy, including, but not limited to, the California Consumer Privacy Act (if applicable), the EU Privacy and Electronic Communications Directive (if applicable), the EU General Data Protection Regulation (EU GDPR) (if applicable), and the UK General Data Protection Regulation (UK GDPR) (if applicable);
(b) accurately and adequately disclosing, either through a privacy policy or otherwise satisfying applicable legal requirements on the Affiliate’s website(s), the use of cookies, pixels, and other technologies by the Affiliate and third parties and how the Affiliate collects, stores, uses, and discloses (personal) data collected from visitors in accordance with applicable laws, including, where applicable, that third parties, including, but not limited to, the Brand may collect information directly from visitors, and place or recognize cookies on visitors’ browsers, and, where required by applicable law, providing information on the visitor’s choices with respect to opting out from online advertising;
(c) complying with and abiding by rules of the relevant social media platforms on which Affiliate Links, Materials and any other materials and information in relation to the Affiliation are displayed;
(d) creating and posting materials in relation to the Affiliation, and ensuring the accuracy, completeness, and appropriateness of such materials posted on the Affiliate’s website(s), social media user-generated content, emails, online software application(s), and other locations for which the Affiliate has received prior approval from the Brand by email, including, but not limited to, all descriptions and other materials in relation to the Products; and
(e) using the Affiliate Links, Materials and any other materials and information in relation to the Affiliation in a manner that does not misappropriate, infringe or violate any of the rights of the Brand or those of any other third parties, including, but not limited to intellectual property rights and proprietary rights.
14.2 The Affiliate shall indemnify and hold the Brand harmless against any and all claims, fines, disputes, (law) suits, actions, investigations and proceedings, and related costs and expenses from or with third parties, including, but not limited to, governmental authorities and the providers of the social media platforms, as a result of a breach of any of its obligations under clause 14.1.
14.3 The Affiliate represents and warrants to the Brand that no other party has any rights in and to any of any intellectual property used by the Affiliate in relation to the Affiliation, the Products and/or the Brand and that the intellectual property used by the Affiliate does not
infringe upon or otherwise interfere with the rights of any other party. The Affiliate indemnifies the Brand for any claim of a third party with regard to intellectual property rights.
14.4 The Affiliate shall indemnify and hold the Brand harmless against all damages, losses, liabilities, claims, disputes, (law) suits, actions, investigations and proceedings, and related costs and expenses (including attorneys’ fees) from or with:
(a) the Affiliate’s violation of any term or condition of this Agreement, the rules of the relevant social media platforms or any applicable law;
(b) the Affiliate’s taxes and duties or the collection, payment, or failure to collect or pay taxes or duties, or the failure to meet tax registration obligations or duties; and
(c) third parties in relation to any other communication from, conduct or behaviour of the Affiliate.
IDENTIFICATION AS AN AFFILIATE
15.1 The Affiliate must clearly and prominently state on each location where one or more Affiliate Links are used the following disclosure statement: “As an affiliate of The Vicki Pollack Course Collection I earn a commission from qualifying purchases.”
15.2 Except for the disclosure statement provided in clause 15.1, and other than as required by applicable law, the Affiliate will not make any public communication with respect to this Affiliation or this Agreement without the prior approval of the Brand by email.
INFORMATION RIGHTS
16.1 The Affiliate is obliged to promptly provide the Brand with any information that the Brand requests to: (i) monitor the use of the Affiliate Links by the Affiliate and any other communications to or with third parties in relation to the Affiliation; and (ii) verify the Affiliate’s compliance with this Agreement and applicable law.
16.2 The Brand is not obliged to provide the Affiliate with any specific information relative to any customer, regardless of whether such customer accesses the Brand’s website through an Affiliate Link. The Brand is only responsible for informing the Affiliate by way of tracking software of the Commissions due to the Affiliate as a result of sales made through the Affiliate Links. Such information will not be audited.
TERM & TERMINATION
17.1 This Agreement is effective as per Commencement Date.
17.2 This Agreement and the Affiliation are entered into for an indefinite period.
17.3 Either Party shall be entitled to terminate the Affiliation by email to the other Party at any time, with or without reason, with immediate effect and thus without observing a notice period, and without being liable or any compensation being due.
17.4 If the Affiliation is terminated, which termination can only occur on the basis of and in accordance with the relevant provisions of this Agreement, then:
(a) the License shall be revoked with immediate effect upon termination;
(b) the Affiliate shall cease and abstain the use of the Materials and/or delete any or all the Materials and any other materials and information in relation to the Affiliation from its website(s), computer(s), social media platform(s), and/or anywhere else the Affiliate has shared or stored the Materials and any other materials and information in relation to the Brand, the Web Page and/or the Products, and the Affiliate shall adhere to such request;
(c) all rights and obligations of the Parties under this Agreement shall end and become ineffective, except for:
(i) the rights and obligations accrued before that date;
(ii) any rights and obligations of or pursuant to clause 10 (Commission & payment) if and to the extent any Commissions are still outstanding; and
(iii) any rights and obligations of or pursuant to clauses 18 through 28, which will remain in full force and effect after termination of the Affiliation;
(d) such termination shall be without prejudice to any rights a Party may have vis à vis the other Party in connection with a breach of any provision of or obligation under this Agreement occurring prior to their termination; and
(e) any Account(s) will be closed immediately.
17.5 Upon termination of the Affiliation, the Brand shall make a final account of the remaining Commissions accrued before the termination date of this Agreement and the Affiliation. Clause 10 applies mutatis mutandis.
NON-DISPARAGEMENT AND PROHIBITED USE
18.1 The Affiliate agrees not to disparage the Brand’s brand, products, services or persons working for or employed by the Brand.
18.2 The Affiliate agrees that it will not make any unsubstantiated claims that will ruin the business reputation of the Brand.
18.3 The Affiliate shall not use the Materials and any other materials and information in relation to the Affiliation, the Brand, and/or this Agreement in any way that:
(a) is illegal, infringes or violates the rights of anyone;
(b) is offensive, obscene, defamatory, abusive, profane, hateful, vulgar, obscene, libellous, pornographic, political, threatening, derogatory, upsetting, insulting, misleading, discriminatory, sexist, racist or harmful to anyone in any way;
(c) disparages or discredits a Party;
(d) encourages or advocates conduct that constitutes a criminal offence, giving rise to (civil) liability or otherwise violates any law;
(e) is likely to cause confusion among third parties;
(f) portrays or insinuates any endorsement or sponsorship of a Party or its products or services by the other Party or in any other way portrays or insinuates that a Party supplies or approves of the other Party or its products or services; or
(g) portrays or insinuates any special relationship between the Parties.
18.4 The Affiliate shall not misrepresent or embellish its relationship with the Brand (including, but not limited to, by expressing or implying that the Brand supports, sponsors, or endorses the Affiliate) or express or imply any other type of relationship between the Parties except as expressly permitted by this Agreement or agreed by email or written agreement between the Parties.
CONFIDENTIALITY
19.1 The Affiliate shall use Confidential Information solely for the purposes of the Affiliation and shall not copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information for other purposes without the prior consent of the Brand given by email.
19.2 The Affiliate acknowledges that the Confidential Information of the Brand, its affiliates, and third parties is strategic, commercially sensitive, and valuable and that the improper disclosure or use thereof will cause serious damage and loss to the Brand.
19.3 The restrictions in this clause 19 shall not apply if and to the extent the information is or becomes available to the general public other than by disclosure by the Affiliate in violation of this Agreement.
19.4 The Affiliate shall have no obligation with respect to Confidential Information to the extent, but only to the extent, that such information is required or requested to be disclosed by applicable laws, provided that the Affiliate, to the extent practicable and permitted, promptly notifies the Brand of such request or requirement.
19.5 For the purposes of this clause 19, disclosures relating to Confidential Information that are specific shall not be deemed to be within the foregoing exceptions merely because they are embraced by more general disclosures in the public domain, in the possession of the Affiliate, or received from a third party. In addition, any combination of features shall not be deemed to be within the exceptions merely because the individual features are in the public domain, in the possession of the Affiliate, or received from a third party unless the combination itself and its principle of operation are in the public domain, in the possession of the Affiliate or received from a third party.
19.6 The Affiliate shall notify the Brand as soon as reasonably practicable of any unauthorized use, or attempted use, of the Brand's Confidential Information, and provide all information necessary to assist the Brand in any investigation it considers necessary, including for the purposes of mitigating damages, any claim, or the prevention of a recurrence. Additionally, the Affiliate undertakes best efforts to prevent a recurrence to the extent this is within its control.
COMMUNICATION
20.1 Any notice, request, consent, invoice, claim, demand, or other communication between the Parties in connection with the Affiliation or this Agreement must be sent by email in English to the following email addresses set out for each of the Parties below:
(a) to the Brand: info@vickipollack.com
(b) to the Affiliate: the email address provided by the Affiliate in the Registration Form, or such other email address as a Party may notify the other Party by email.
20.2 Unless another means of communication is explicitly provided for in this Agreement, the Affiliate shall not use any other means of communication, such as text messages, direct messages on social media platforms, (registered) postal mail, or phone calls, to communicate with the Brand unless the Brand has explicitly agreed to such other means of communication.
20.3 The Brand operates its business on Monday-Friday from 9amEST-5pmEST, except for public holidays observed in the Coach’s country (hereinafter referred to as; the “Business Days”, which, for the avoidance of doubt, includes the specified hours). The Brand shall endeavour to respond to emails within 24 hours on Business Days, which is a target and not a guaranteed service level. The Brand shall not be liable for failure to respond to emails within the aforementioned timeframe or the consequences arising therefrom, and any such failure shall not constitute a breach of this Agreement.
ELECTRONIC SIGNATURE
This Agreement constitutes an electronic contract between the Brand and the Affiliate with the full force and effect of a handwritten signature. The Parties enter into this Agreement by submission of the Registration Form by the Affiliate by way of clicking on the “Submit” button on the Registration Form.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties relating to the Affiliation and supersede any earlier agreements between the Parties with respect to the subject made hereof, whether in writing (which includes email) or oral.
AMENDMENTS & MODIFCATIONS
This Agreement may be changed, modified, or amended by the Brand at any time and at the Brand’s sole discretion by sending notice of such modification to the Affiliate by email, effective as of the date of the email. The Affiliate’s continued participation in the Affiliation following the effective date of such change will constitute the Affiliate’s acceptance of such changes, modifications, and/or amendments. If any such changes, modifications, and/or amendments are unacceptable to the Affiliate, the Affiliate’s only recourse is to terminate the Affiliation in accordance with clause 17.3.
ASSIGNMENT
The Affiliate may not assign or transfer its Affiliation or any of the Affiliate’s rights or obligations under this Agreement without the prior consent of the Brand given by email.
ENFORCEABILITY
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced with a provision that is valid and enforceable and reflects as closely as possible the intent of the invalid or unenforceable provision.
NO WAIVER
No failure or delay by the Brand in exercising any right or remedy under or in connection with this Agreement shall impair any right or remedy or operate or be construed as a waiver of any right or remedy.
CHOICE OF LAW
This Agreement and any non-contractual obligations arising out of or in connection with this Agreement shall be governed by the laws of New York State in The United States of America.
DISPUTE RESOLUTION & ARBITRATION
28.1 Without prejudice to clause 28.2, all disputes arising out of or in connection with this Agreement, the Meeting, the Recording, or the Materials, or further agreements resulting therefrom, shall be settled in accordance with the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules. The place of arbitration shall be New York City in New York State in The United States of America. The proceedings shall be conducted in the English language. No award or procedural order made in the arbitration shall be published.
28.2 If:
(a) the Affiliate is registered in New York State in The United States of America; or (b) a dispute is not subject to arbitration under clause 28.1 for whatever reason,
that dispute shall be settled in the competent courts located in New York City in New York State in The United States of America and both Parties irrevocably consent to the exclusive jurisdiction and location of the competent courts in New York City in New York State in The United States of America, for the adjudication of all non-arbitral claims.
Entire Agreement. This Agreement executed by the authorized representatives of the Parties in connection herewith, all of which are incorporated herein by this reference, contains the entire understanding of the Parties with respect to subject matter and supersedes all prior agreements, negotiations, and understandings between the Parties on the subject matter. This Agreement cannot be amended, or a provision waived except by a written instrument signed by the authorized representatives of the Parties.
Counterparts. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together constitute one agreement.
Notices. All notices, reports, and other communications provided for under this Agreement must be in writing and sent to:
(MOVE YOUR BLINDERS, INC.)
248 Route 25A
Suite 948
East Setauket, NY 11733
Attention: Legal Department, AFFILIATE
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date set forth below.
Last Updated on July 10, 2024
PURPOSE OF THIS AGREEMENT
Welcome to Move Your Blinders, Inc at www.vickipollack.com
This Agreement sets forth your rights and obligations as a Move Your Blinders, Inc User. By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER www.vickipollack.com THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 11, 17, and 18). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
The use of www.vickipollack.com (hereafter “Website”), which is owned and maintained by Move Your Blinders, Inc (“Move Your Blinders, Inc” “we,” “our,” “us”), is governed by the terms and conditions set forth below. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, subscribing, or placing an order over the Website, you and your business agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF USE & SALE (“TERMS”) TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND Move Your Blinders, Inc THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY Move Your Blinders, Inc ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18.
Move Your Blinders, Inc reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at Terms of Service. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.
Table of Contents
Website Use
Website User Conduct and Restrictions-License Terms
Our Privacy Statement and Your Personal Information
Information You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party Agency Accounts
Order Placement and Acceptance
Refunds for Hard Goods
Automatic Enrollment and Payment, and Cancellation
Subscription Terms and Automatic Payment
Shipping Fees
Products, Services, and Prices Available on the Website
Important Disclosures
Testimonials, Reviews, and Pictures/Videos
DISCLAIMERS OF OTHER WARRANTIES
LIMITATIONS OF LIABILITIES
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
Move Your Blinders, Inc Additional Remedies
Indemnification
Notice and Takedown Procedures; Copyright Agent
Third-Party Links
Termination
No Waiver
Governing Law and Venue
Force Majeure
Assignment
Electronic Signature
Changes to the Agreement
Your Additional Representations and Warranties
Severability
Entire Agreement
Contacting Us
Data Privacy Shield
SECTION 1 – WEBSITE USE
The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS-LICENSE TERMS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. Move Your Blinders, Inc trademark and logo are proprietary marks of Move Your Blinders, Inc, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Move Your Blinders, Inc.
Subject to your continued strict compliance with all Terms, Move Your Blinders, Inc provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you purchase a subscription to Move Your Blinders, Inc software over the Website, Move Your Blinders, Inc provides to you a revocable, limited, non-exclusive, non-sublicenseable, non-transferrable license to use the software. You acknowledge and agree that: (1) the software is copyrighted material under United States and international copyright laws that is exclusively owned by Move Your Blinders, Inc; (2) you do not acquire any ownership rights in the software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of Move Your Blinders, Inc and (5) in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
You agree not to use or attempt to use the Website, or any software provided by Move Your Blinders, Inc, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Move Your Blinders, Inc. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:
HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Move Your Blinders, Inc’ reputation; hacking and other digital or physical attacks on the Website; and the violation of the rights of Move Your Blinders, Inc or any third party;
“SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to (Move Your Blinders, Inc )’s reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to (Move Your Blinders, Inc ), any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement. Our Privacy Statement may be viewed at (Www.vickipollack.com). (Move Your Blinders, Inc ) reserves the right to modify its Privacy Statement in its reasonable discretion from time-to-time. Our Privacy Statement is incorporated into this Agreement by reference.
SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS; PROHIBITION AGAINST HOSTING THIRD-PARTY AGENCY ACCOUNTS
As a (Move Your Blinders, Inc ) user, you will be required to create an account with (Move Your Blinders, Inc ) .You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your (Move Your Blinders, Inc ) user account, and you agree not to transfer your password or username or lend or otherwise transfer your use of or access to your user account, to any third party. So called “agency accounts,” or accounts in which you host funnels for third parties, are prohibited. Should your usage data indicate, in (Move Your Blinders, Inc )’ sole and exclusive discretion, that you are operating an agency account, you will be subject to cancellation of your (Move Your Blinders, Inc ) user account or enhanced pricing for your (Move Your Blinders, Inc ) user account, at (Move Your Blinders, Inc )’ sole and exclusive discretion. You are fully responsible for all transactions with, and information conveyed to, (Move Your Blinders, Inc ) under your user account. You agree to immediately notify (Move Your Blinders, Inc ) of any unauthorized use of your password or user-name or any other breach of security related to your user account. You agree that (Move Your Blinders, Inc ) is not liable, and you will hold (Move Your Blinders, Inc ) harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 21 below for additional information.
SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE
If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at (Info@vickipollack.com) in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
SECTION 6 – REFUNDS FOR HARD GOODS
If you have purchased a “hard good” (for example, a book or other tangible product) from (Move Your Blinders, Inc ) or any related brands, you may receive a limited refund if you comply with the following conditions:
You must request a refund in writing by contacting (Info@vickipollack.com)
Your request for a refund must be made within thirty (30) days of your purchase;
You must return the hard goods to (Move Your Blinders, Inc ) immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
The hard goods must be returned to (Move Your Blinders, Inc ) in like-new, or re-sellable condition, as determined in (Move Your Blinders, Inc )’ sole, reasonable discretion.
You will not receive a refund for any digitally delivered products such as courses or coaching.
SECTION 7 - AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION
If you do not want to continue your subscription after your free trial comes to an end, you must contact us at least 24 hours before your free trial period ends by submitting a cancellation request to us via our support email address (Info@vickipollack.com). If you do not contact us at least 24 hours before your free trial period ends to cancel, your subscription will automatically continue and the payment card that you provided at the time of enrolment online will be charged the full (Move Your Blinders, Inc ) monthly membership subscription rate provided at the time of enrollment each month until you cancel. (Move Your Blinders, Inc ) can change the monthly membership subscription rate at any time. If the membership subscription rate changes after you subscribe, we will notify you by e-mail and give you an opportunity to cancel.
If you wish to cancel your subscription (including subscriptions for services) at any time after a free trial or discounted period ends, you must submit a cancellation request to us via our support email address (Info@vickipollack.com). For monthly subscriptions (including subscriptions for services), we require at least ten (10) days’ notice of cancellation by email. If you provide such notice less than ten (10) days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments to (Move Your Blinders, Inc ); (Move Your Blinders, Inc) in its sole discretion may charge a cancellation fee equal to the amount the subscription was discounted.
SECTION 8 – SUBSCRIPTION TERMS AND AUTOMATIC PAYMENT
A (Move Your Blinders, Inc ) user is responsible for paying all sums due to (Move Your Blinders, Inc ) in connection with their monthly subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access, or after your free trial ends and you have not canceled the automatic subscription with us. Every calendar month, your account will be charged the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively, “Fees”). Failure by (Move Your Blinders, Inc ) user to use any of the services available through the service provided by (Move Your Blinders, Inc ) does not relieve (Move Your Blinders, Inc ) user of their payment obligations under these Terms.
Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount).
IF YOU ARE A (MOVE YOUR BLINDERS, INC ) USER WITH A MONTHLY SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO (MOVE YOUR BLINDERS, INC ), YOU MAY DO SO THROUGH YOUR ACCOUNT DASHBOARD OR BY E-MAILING (INFO@VICKIPOLLACK.COM). AT LEAST TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH.
(Move Your Blinders, Inc ) reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event (Move Your Blinders, Inc ) starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 20 below.
In addition to any Fees, (Move Your Blinders, Inc ) may also charge applicable value added or other tax.
SECTION 9 – SHIPPING FEES
Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the e-mail address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.
SECTION 10 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
Products, services, and prices are generally posted at the following URL, but are subject to change: (Www.vickipollack.com). (Move Your Blinders, Inc ) reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.
Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing, or placing an order over the Website, you authorize (Move Your Blinders, Inc ) to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of (Move Your Blinders, Inc ) services, and unless you terminate your subscription as provided herein, you agree that (Move Your Blinders, Inc ) may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after e-mail notice has been provided to you.
(Move Your Blinders, Inc ) takes reasonable steps to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
When ordering products or services, please note that (Move Your Blinders, Inc ) does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except as provided in Section 6 of these Terms. (Move Your Blinders, Inc )’ descriptions of, or references to, products or services not owned by (Move Your Blinders, Inc ) are not intended to imply endorsement of that product or service or constitute a warranty by (Move Your Blinders, Inc ).
SECTION 11 – IMPORTANT DISCLOSURE
(Move Your Blinders, Inc ) is a publisher and education company. You understand that no content published as part of the Services constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the creators or providers of our Services or their affiliates will advise You personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. Accordingly, do not attempt to contact them seeking personalized investment advice, which they cannot provide. To the extent any of the content published as part of the Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
You understand that the views expressed in the Services are the authors’ own opinions. The Services may contain opinions from time to time regarding securities mentioned in other Services, and that those opinions may be different from those obtained by using another portion of the Services. Trading in securities (including, without limitation, stocks, options, ETFs and bonds) involves risk and volatility. Past results are not necessarily indicative of future performance.
You understand and agree that certain of (Move Your Blinders, Inc )’s affiliates and employees may, from time to time, have long and short positions in, or buy or sell the securities, or derivatives thereof, of companies mentioned in respective Services and may take positions inconsistent with the views expressed.
Third-Party Content is not subject to (Move Your Blinders, Inc )’s investment policy and therefore the preceding paragraph does not apply to Third-Party Content, (Move Your Blinders, Inc ) makes no representations regarding Third-Party Content, nor is (Move Your Blinders, Inc ) liable for Third-Party Content.
You understand that performance data is supplied by sources believed to be reliable, that the calculations therein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. In addition, past performance is not an indication of future results.
From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
When U.S. exchanges are open, any quotes (other than those obtained through the real-time quote services available to users of certain Services) are delayed. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any investment, You should consult with a qualified broker or other financial professional to verify pricing information.
To the extent any of our Services involves a model portfolio or an actual portfolio of investments, as described below, such portfolio of investments is chosen by the author in accordance with their stated investment strategy. Your actual results may differ from results reported for the portfolio for many reasons, including, without limitation:
performance results for the portfolio do not reflect actual trading commissions that You may incur;
performance results for the portfolio do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect Your results;
the investments chosen for the portfolio may be volatile, and although the “purchase” or “sale” of an investment in a portfolio will not be effected in the portfolio until after the sending of an email alert from (Move Your Blinders, Inc ) has been commenced, server, delivery delays and other factors may cause the price You obtain to differ substantially from the price at the time of the alert;
You may not have the capital to trade as frequently as the portfolio;
the size and timing of a subscriber’s purchase or sale of a stock may affect the price of the stock.
SECTION 12 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
(Move Your Blinders, Inc ) is pleased to hear from users and customers and welcomes your comments regarding our services and products. (Move Your Blinders, Inc ) may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to (Move Your Blinders, Inc )’ services or products, in printed and online media, as (Move Your Blinders, Inc ) determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products. As set forth above in Section 11, your business’ results will vary depending upon a variety of factors unique to your business and market forces beyond (Move Your Blinders, Inc )’ control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant ((Move Your Blinders, Inc ) a royalty-free, worldwide, perpetual, non-exclusive and irrevocable license to use them.
Additionally, (Move Your Blinders, Inc ) reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. (Move Your Blinders, Inc ) shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
SECTION 13 – DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to protect, defend, indemnify and hold harmless (Move Your Blinders, Inc ) its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third-party claim against (Move Your Blinders, Inc ) for liability for payments for, damages caused by, or other liability relating to, You.
SECTION 14 – LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL (MOVE YOUR BLINDERS, INC ) OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER (MOVE YOUR BLINDERS, INC ) HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL (MOVE YOUR BLINDERS, INC )’ LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO (MOVE YOUR BLINDERS, INC ) FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST (MOVE YOUR BLINDERS, INC ) OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
SECTION 15 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree to first contact us at info@vickipollack.com to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Policy, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Contra Costa County, California, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Policy, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or (Move Your Blinders, Inc ).
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of California without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and (Move Your Blinders, Inc ) agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and (Move Your Blinders, Inc ) expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120-day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with (Move Your Blinders, Inc ), bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
SECTION 16 – (MOVE YOUR BLINDERS, INC )’ ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to (Move Your Blinders, Inc ), in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of (Move Your Blinders, Inc ) or a third-party, (Move Your Blinders, Inc ) shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Contra Costa County, California restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting (Move Your Blinders, Inc ) from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Contra Costa County, California for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
SECTION 17 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless (Move Your Blinders, Inc ), its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.
SECTION 18 – NOTICE AND TAKEDOWN PROCEDURES; DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send (Move Your Blinders, Inc ) a notice requesting that (Move Your Blinders, Inc ) remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send (Move Your Blinders, Inc ) a counter-notice. Notices and counter-notices should be sent to (Move Your Blinders, Inc ), Attention Legal Department, (PO Box 105 East Setauket, NY 11733) or by e-mail to info@vickipollack.com The Terms fully incorporate by reference the DMCA Policy.
SECTION 19 – THIRD-PARTY LINKS
The Website may contain links to other websites. (Move Your Blinders, Inc ) assumes no responsibility for the content or functionality of any non-(Move Your Blinders, Inc ) website to which we provide a link. Please see our Privacy Policy located at PRIVACY STATEMENT. for more details.
SECTION 20 – TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of (Move Your Blinders, Inc ) or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 11, 12, 13, 15 through 21, and 24 through 33 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with (Move Your Blinders, Inc ).
Upon termination, you remain responsible for any outstanding payments to (Move Your Blinders, Inc ).
SECTION 21 – NO WAIVER
No failure or delay on the part of (Move Your Blinders, Inc ) in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by (Move Your Blinders, Inc ).
SECTION 22 – GOVERNING LAW AND VENUE
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement. or any matter concerning (Move Your Blinders, Inc ), including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of California without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 19 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Contra Costa County, California, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.
SECTION 23 – FORCE MAJEURE
(Move Your Blinders, Inc ) will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
SECTION 24 – ASSIGNMENT
(Move Your Blinders, Inc ) may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without (Move Your Blinders, Inc )’ (or its assigns’) express written consent.
SECTION 25 – ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication. When you communicate with (Move Your Blinders, Inc ) through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
SECTION 26 – CHANGES TO THE AGREEMENT
You can review the most current version of the Terms at any time at Terms. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Statement by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.
SECTION 27 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that (Move Your Blinders, Inc ) has the right to rely upon all information provided to (Move Your Blinders, Inc ) by you, and (Move Your Blinders, Inc ) may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify (Move Your Blinders, Inc ) of the same within 24 hours. (Move Your Blinders, Inc ), at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by (Move Your Blinders, Inc ) without incurring any obligation or liability to you.
SECTION 28 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 29 – ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and (Move Your Blinders, Inc ) and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and (Move Your Blinders, Inc ). We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 30 – CONTACTING US
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to info@vickipollack.com
If you have any questions or inquiries concerning any of the Terms, you may contact (Move Your Blinders, Inc ) by email at info@vickipollack.com or by regular mail at PO Box 105 East Setauket, NY 11733
For additional inquiries, please feel free to send an email to the relevant address listed below.
Compliance: info@vickipollack.com
Spam or Abuse: info@vickipollack.com
For General Support and Inquiries: info@vickipollack.com
Notices to you may be made by posting a notice (or a link to a notice) on Terms by email, or by regular mail, at (Move Your Blinders, Inc )’ discretion.
SECTION 31 – DATA PRIVACY SHIELD – GDPR
What is GDPR? It is the EU Data Privacy Shield that becomes effective on February 8, 2023. It applies to any person or business that sells or markets goods or services to EU residents or deals with personal data of those that reside under European Union. The "Personal Data" definition under GDPR is very broad as it covers any information that could potentially identify the data subject being targeted.
Is (Move Your Blinders, Inc ) GDPR Compliant? In short, yes. Please see our privacy policy at www.vickipollack.com for more information.
Copyright 2024 - (Move Your Blinders, Inc ) - All Rights Reserved
Affiliate Terms:
AFFILIATE TERMS
The following agreement is mandatory to sign and agree to in order to be an affiliate for any courses in Vicki Pollack’s Course Collection. It is important to ensure that you educate yourself on FTC marketing guidelines so you can always stay compliant. If you are choosing to market noncompliantly, you will be removed from the affiliate program. Please reach out with any questions at info@vickipollack.com.
By signing this agreement, the Affiliate acknowledges and agrees to the following conditions:
FTC Compliance Requirement
The Affiliate must adhere to all applicable U.S. Federal Trade Commission (FTC) guidelines, including but not limited to the FTC Act and FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising. Affiliates are required to disclose their affiliate relationship transparently in any marketing or promotional materials, in compliance with FTC regulations. Violations of these guidelines will result in immediate termination of the affiliate agreement. Questions can be directed to info@vickipollack.com.
Cookie Duration
The affiliate program operates with a 30-day cookie policy. This means that any customer who clicks on an affiliate link has 30 days to make a purchase for the Affiliate to earn a commission. If the customer clears cookies or uses a different device, the tracking will not apply. Affiliates are encouraged to communicate this clearly in their promotional efforts to avoid misunderstandings.
Non-Negotiable Compliance Standards
The Affiliate is required to actively monitor and ensure that their promotional strategies comply with this agreement and FTC guidelines. Failure to comply may result in the forfeiture of commissions and removal from the program.
Affirmation of Understanding
By signing this agreement, the Affiliate affirms their understanding of and commitment to compliance with FTC regulations and acknowledges the 30-day cookie policy. Failure to comply with these terms may result in termination of their affiliate status without recourse.
The Affiliate, and the Brand, Move your Blinders Inc (Vicki Pollack) enter an Affiliation pursuant to, and in accordance with, these terms and conditions and agree as follows:
DEFINITIONS
Unless the context requires otherwise, capitalised terms and expressions in this Agreement are defined terms and expressions which shall have the following meaning:
(a) “Agreement” means these terms and conditions together with the contents of the Registration Form (upon submission by the Affiliate);
(b) “Account(s)” means any account(s) of or relating to the Affiliate for the software used by the Brand to provide the Affiliate Link(s), the Materials, and data that relates to the Affiliation, including, but not limited to, the accrued Commissions;
(c) “Affiliate” means any (natural or legal) person who has agreed to, and is therefore bound by, this Agreement;
(d) “Affiliate Link(s)” means (a) unique website Uniform Resource Locator(s) (URL(s)) assigned to the Affiliate by software made available by the Brand directing third parties to the Web Page or (a) specific web page(s) relating to a specific Product for the purpose of tracking third-party purchases made directly as a result of clicking on that/those website URL(s);
(e) “Affiliation” means the affiliate relationship between the Brand and the Affiliate commenced by the Affiliate agreeing to this Agreement and governed by this Agreement;
(f) “Approved Locations” means the Affiliate’s website(s), social media user-generated content, emails, online software application(s), and other locations for which the Affiliate has received prior approval from the Brand by email;
“Brand” means Vicki Pollack, acting in the name of the Corporation, Move your Blinders, Inc, having the registered business address at PO Box 105 East Setauket, NY 11733
(g) “Commencement Date” means the date on which the Registration Form has been submitted by the Affiliate
(h) “Commission(s)” has the meaning ascribed thereto in clause 10.1 of this Agreement;
(i) “Confidential Information” means, in relation to a Party, all information (whether the information is in oral or written form or is recorded in any other medium):
(i) about or pertaining to the business of that Party, its affiliates, or their respective clients, suppliers, or business associates (including but not limited to information on products, technology, IT operations, intellectual property rights, know-how, financial information, and personal data), which
is disclosed to the other Party, its affiliates or their respective personnel or contractors (or personnel of a contractor), or which is acquired by or otherwise comes to the knowledge of the other Party) in connection with the Affiliation;
(ii) the contents of this Agreement;
(iii) all information identified by a Party as confidential; and
(iv) all other information of which the other Party knows or should reasonably know to be of a confidential nature;
(j) “Gross Revenue” means the gross sales price paid for one or more Product(s) by a third party and actually received by the Brand as a direct result of a third party clicking on the Affiliate Link, but not including (if applicable) taxes, including, but not limited to, sales taxes and value-added taxes, late charges, collection costs, and any other payment made to the Brand that is not the purchase price for the Product(s) that is/are purchased;
(k) “License” has the meaning ascribed thereto in clause 6.3 of this Agreement;
(l) “Materials” means the name Vicki Pollack and Move Your Blinders, Inc the Affiliate Links, and any information and materials, including, but not limited to, trademarks, logos, images, texts, banner advertisements, affiliate links, website links or URLs, hyperlinks, button links, text links, and/or other information or materials of or in relation to the Brand, the Brand explicitly provides to the Affiliate in relation to the Affiliation;
(m) “Parties” means the Brand and the Affiliate;
(n) “Party” means either of the Parties;
(o) “Products” means the products and/or services provided on the Web Page;
(p) “Registration Form” means the registration form provided by the Brand to the Affiliate to register for the Affiliation; and
(q) “Web Page” means the website page with the website Universal Resource Locator www.vickipollack.com
INDEPENDENT CONTRACTORS
2.1 The Affiliate will act as an independent contractor. The Affiliate has no right to act for or on behalf of the Brand. The Affiliate shall not introduce itself as a subcontractor of the Brand.
2.2 The Parties expressly do not intend to create a joint venture, principal-agent relationship, general or silent partnership, or any partnership exceeding the cooperation envisaged in this Agreement. The rights and obligations of the Parties are limited to those expressly set out in this Agreement.
2.3 The Parties do not contemplate a sharing of profits relating to their respective services nor co-ownership of a business or property to create a taxable entity under the law of any jurisdiction. Revenue and expenses relating to the Parties’ respective services shall be reported separately by the Parties for tax purposes.
DISCLAIMERS
3.1 The Brand’s website, including, but not limited to, the Web Page, the Products, any other products and services offered on the Brand’s website, the Materials, any special links, link formats, content, the Brand’s intellectual property, and all other materials, data, images, text, and other information provided or used by or on behalf of the Brand in connection with the Affiliation are provided “as is” and “as available”.
3.2 The Brand disclaims any and all representations and warranties of any kind, whether express, implied, statutory, or otherwise, with respect to the Products, including any implied warranties of title, merchantability, fitness for a particular purpose, satisfactory quality, or non-infringement and any warranties arising out of any law, trade usage, course of dealing, custom, or performance.
3.3 The Brand disclaims any and all representations and warranties that the Products will continue to be provided or will be accurate, free of errors or mistakes, or free of harmful components.
3.4 The Brand disclaims any and all representations and warranties toward the Affiliate for:
(a) any errors, mistakes, inaccuracies, viruses, malicious software, or service interruptions, including power outages or system failures in relation to the Brand’s website or any software used by the Brand in relation to the Affiliation; or
(b) any deletion, alteration, damage, damage, or loss of, or unauthorized access to, the Affiliate’s website(s), social media user-generated content, emails, online software application(s) or any data, images, text, or other information or content of the Affiliate.
3.5 Any advice or information obtained by the Affiliate from the Brand in relation to the Affiliation are expressions of opinion only and will not create any warranty or guarantee.
NO REPRESENTATIONS REGARDING INCOME POTENTIAL
The Brand makes no representations, guarantees, or warranties regarding potential income that may result from the Affiliation and the Brand specifically disclaims any and all warranties relative to earning potential from the affiliate status.
PRODUCTS
5.1 The Brand provides or procures the provision of each of the Products at the rates provided on the Web Page.
5.2 The Brand may discontinue or change the nature, scope, functions, features, or operation of any Product or the Web Page or change the terms under which the Products are offered at any time at its sole discretion and without notice.
5.3 The Brand is entitled to, at its sole discretion and without notice, increase or decrease the price of any Products and apply discounts to the price of the Products. For the avoidance of doubt, such changes in pricing will affect the Gross Revenue and, therefore, the amount of Commission the Affiliate receives.
5.4 The Affiliate shall cooperate with all reasonable changes that the Brand may implement with respect to the Products, the Web Page, the systems used to provide the Products, the procedures related thereto, and the applicable rates.
INTELLECTUAL PROPERTY & LICENSE
Ownership
6.1 Except as expressly provided in this Agreement, this Agreement does not give the Affiliate any ownership rights, intellectual property rights, license or interest in the Materials or any other intellectual property or know-how.
6.2 Any intellectual property rights to the Materials remain exclusively vested in the Brand, its licensors, or its suppliers. The Affiliate will not be granted any right or title to such Materials other than as explicitly stated in this Agreement.
License
6.3 The Brand solely grants the Affiliate a non-exclusive, revocable, non-transferable, non pledgeable, and non-sublicensable license to use:
(a) the Brand’s name, personal details, likeness, image, voice, and/or other intellectual property of the Brand; and
(b) non-exclusive license to use the Materials,
hereinafter referred to as; the “License,” subject to the terms and conditions laid down in this Agreement and the applicable mandatory legal provisions.
6.4 For the avoidance of doubt, a “non-exclusive license” grants the licensee the right to use the specified intellectual property but does not prohibit the licensor from licensing the same property to other parties.
Purpose
6.5 The Brand grants the Affiliate the License for use solely for the purpose of promoting the Products and/or the Web Page in compliance with the terms and conditions of this Agreement and the instructions provided by the Brand.
Locations
6.6 The License is only applicable to the Approved Locations.
6.7 For the avoidance of doubt, the Affiliate is not permitted to use (any part of) the Recording for paid advertising purposes, including, but not limited to, advertisements on social media or Google, without the prior approval of the Brand given by email.
Edits & modifications
6.8 The Affiliate may not edit, change, amend, modify, share, distribute, reproduce, publish or otherwise make available the Materials in any way without the prior approval of the Brand given by email. The Affiliate hereby assigns, and the Brand automatically receives, the intellectual property rights to any and all materials the Affiliate creates using (any part of) the Materials at the moment of creation. For the avoidance of doubt, an “assignment” is the transfer of ownership of specified intellectual property from the original owner (the assignor) to another party (the assignee).
Use of Affiliate’s intellectual property
6.9 The Affiliate provides the Brand a non-revocable, royalty-free, non-exclusive license to use the Affiliate’s figurative mark, logo, personal name and business name and any materials, content and information created and/or provided by the Affiliate in relation to the
Affiliation, the Products and/or the Brand in any public communication and any communication purposes with third parties, including, but not limited to, for the purpose of marketing, advertising and promotion.
AFFILIATE LINKS
7.1 The Affiliate may place Affiliate Links on the Affiliate’s website(s), social media user generated content, emails, and online software application(s). Placement of an Affiliate Link on any additional websites, social media platforms, other platforms or other locations requires prior approval by the Brand given by email.
7.2 The Affiliate consents to the Brand monitoring the website(s), social media platforms and other platforms on which Affiliate Links are used for the purpose of determining the Commissions and the continued compliance with this Agreement.
7.3 Each Party consents to the other Party documenting information relative to traffic from the website(s) and/or social media platforms for which hyperlinks are made for internal use only.
COMMUNICATION WITH THIRD PARTIES
8.1 The Brand may provide the Affiliate instructions and specifications by email on how and in what form to communicate with third parties. The Brand may amend its own instructions at any time for any reason.
8.2 The Affiliate shall follow the instructions and specifications of the Brand to the best of its abilities. In the Affiliate’s communication with third parties, the Affiliate shall conform to the instructions and specifications of the Brand as provided.
ANTI-SPAM
The Affiliate will not, directly or indirectly, use the Affiliate Links, Materials or any other materials or information in relation to the Affiliation, the Products or the Brand, for the purpose of direct marketing, spamming, unsolicited contacting of customers or clients of the Brand.
COMMISSION & PAYMENT
10.1 The Brand will pay the Affiliate a commission equal to 50% of the Gross Revenue associated with the specific product they are affiliating for (hereinafter referred to as; the “Commission”). The Brand may, at any time and for whatever reason, increase or decrease the Commission.
10.2 The Brand will pay the Commissions only upon collection by the Brand of the relevant Gross Revenue. The Affiliate has no right to the relevant Commission until the relevant third party has paid the Brand in full.
10.3 The amount of the total Commission to be paid out to the Affiliate will be determined and paid out by the Brand via Paypal within 7-14 days after the last calendar day of each calendar month of a given calendar year based on Gross Revenue actually received by the Brand during the previous month of the calendar year.
10.4 All amounts stated in this Agreement are exclusive of sales tax, value-added tax (VAT), and any other taxes if applicable.
10.5 If any VAT, sales taxes and/or other taxes are chargeable on any Commission, the Brand may deduct or withhold any taxes that the Brand may be legally obligated to deduct or withhold from any amounts payable to the Affiliate under this Agreement. The Brand may request tax information from the Affiliate. If the Brand requests tax information from the Affiliate and the Affiliate does not provide such information to the Brand, the Brand reserves the right (in addition to any other rights or remedies available to the Brand) to hold any and all Commissions until the Affiliate provides such information or otherwise satisfies the Brand that the Affiliate is not a person from whom the Brand is required to obtain tax information.
10.6 Any costs associated with the payment of the Commissions, including, but not limited to, transfer fees, processing fees, and conversion rates, are borne and paid by the Affiliate.
NO RIGHT TO COMMISSION
11.1 Commissions will only be paid to the Affiliate for Gross Revenue (which is a result of the gross sales price paid for one or more Product(s) by a third party and actually received by the Brand as a direct result of a third party clicking on an Affiliate Link), and only if: (i) those Commissions are tracked through the tracking system of the software used by the Brand; and (ii) an Affiliate Link is indicated by that software as the source of those Commissions.
11.2 For the avoidance of doubt, no Commissions or other remuneration shall be paid by the Brand to the Affiliate for any other, additional or subsequent products or services, including, but not limited to:
(a) any additional or subsequent purchases made in the Web Page by third parties who have previously purchased Products in the Web Page as a direct result of clicking on the Affiliate Link;
(b) any purchases in the Web Page by third parties that have not been registered by the software that registers purchases made through the Affiliate Link; or
(c) any payment made to the Brand made by third parties for other products or services promoted, sold, advertised or otherwise mentioned on any website, social media platform or any other communication medium used by the Brand or elsewhere.
11.3 The Affiliate is not entitled to Commissions that are based on sales to the extent that they are:
(a) attributable to credit card fraud, credits given to customers, or bad debt right off; or
(b) refunded, reduced or deducted for whatever reason,
and the Brand is entitled to deduct any Commission paid to the Affiliate for such sales from any subsequent Commissions.
11.4 The Affiliate is not entitled to any Commissions for its own purchases through its Affiliate Links.
11.5 If any sales or Commissions are not assigned to the Affiliate by the software used by the Brand due to the improper formatting of or errors or mistakes in the Affiliate Link, whether or not attributable to either of the Parties, no Commission for such sales will be paid to the Affiliate and the Affiliate is not entitled to any compensation for damages or otherwise.
11.6 Without prejudice to any right to recover damages and other rights or remedies available to the Brand, the Brand is entitled to permanently (to the extent permitted by applicable law) cease payment of any and all Commissions otherwise payable to the Affiliate, whether or not directly related to such violation without notice if the Affiliate violates any of the terms
and conditions of this Agreement.
COSTS
12.1 The Affiliate is fully responsible for all costs and expenses of maintaining and marketing the Products, including, but not limited to, all costs associated with the creation, hosting, modification, and improvements to the Affiliate’s website, costs of search engine placement, costs of inserting the Affiliate Links into its website and/or social media platforms, other (online and offline) marketing costs, and all other costs and expenses, and the Affiliate hereby holds the Brand harmless from or against the same.
12.2 Unless explicitly provided otherwise, the Parties will perform their respective obligations under this Agreement at their own cost and expense.
LIMITATION OF LIABILITY
13.1 The Brand disclaims any and all warranties, guarantees and liabilities related to any downtime or failure for users to be able to access its website, including, but not limited to, the Web Page, or to access the Web Page or any Product page using an Affiliate Link. The Brand does not represent or warrant that its website or any application, including but not limited to its link tracking features, will be free of errors or that they will function without interruption.
13.2 Without prejudice to clause 13.5, the Brand’s aggregate liability is limited to direct damages and the total amount of the relevant Commissions, excluding sales taxes, value-added taxes and any other taxes payable by the Brand to the Affiliate under this Agreement in the twelve months immediately preceding the date on which the event giving rise to the most recent claim of liability occurred.
13.3 Without prejudice to clause 13.5, the Brand is not liable for indirect damages or loss, including, but not limited to, consequential, incidental, special, or exemplary damages, or any loss of revenue, profits, savings, business opportunities, use, data, goodwill, or any loss due to business interruption.
13.4 The Affiliate waives any right or remedy in equity, including, but not limited to, the right to seek specific injunctive, performance or other equitable relief in connection with the Affiliation or this Agreement.
13.5 Nothing in this clause 13 shall operate to limit liabilities in the event of fraud, wilful misconduct, gross negligence or any (other) liabilities that cannot be limited under applicable law.
INDEMNITIES
14.1 The Affiliate is solely responsible for:
(a) displaying Affiliate Links, Materials and any other materials and information in relation to the Affiliation in compliance with this Agreement, all applicable laws, regulations, directives, rules, ordinances, orders, judgments, decisions, licenses,
guidelines, codes of practice, codes of conduct, permits, industry standards, self regulatory rules, or other requirements of any applicable governmental authority, including, but not limited to those related to:
(i) disclosures, including but not limited to, the U.S. Federal Trade Commission (FTC) Act and U.S. FTC Guides Concerning the Use of Endorsement and Testimonials in Advertising (if applicable), the EU Unfair Commercial Practices Directive (UCPD) and the UCPD Guidance (if applicable), the UK Consumer Protection from Unfair Trading Regulations 2008 (if applicable);
(ii) the use of personal data and privacy, including, but not limited to, the California Consumer Privacy Act (if applicable), the EU Privacy and Electronic Communications Directive (if applicable), the EU General Data Protection Regulation (EU GDPR) (if applicable), and the UK General Data Protection Regulation (UK GDPR) (if applicable);
(b) accurately and adequately disclosing, either through a privacy policy or otherwise satisfying applicable legal requirements on the Affiliate’s website(s), the use of cookies, pixels, and other technologies by the Affiliate and third parties and how the Affiliate collects, stores, uses, and discloses (personal) data collected from visitors in accordance with applicable laws, including, where applicable, that third parties, including, but not limited to, the Brand may collect information directly from visitors, and place or recognize cookies on visitors’ browsers, and, where required by applicable law, providing information on the visitor’s choices with respect to opting out from online advertising;
(c) complying with and abiding by rules of the relevant social media platforms on which Affiliate Links, Materials and any other materials and information in relation to the Affiliation are displayed;
(d) creating and posting materials in relation to the Affiliation, and ensuring the accuracy, completeness, and appropriateness of such materials posted on the Affiliate’s website(s), social media user-generated content, emails, online software application(s), and other locations for which the Affiliate has received prior approval from the Brand by email, including, but not limited to, all descriptions and other materials in relation to the Products; and
(e) using the Affiliate Links, Materials and any other materials and information in relation to the Affiliation in a manner that does not misappropriate, infringe or violate any of the rights of the Brand or those of any other third parties, including, but not limited to intellectual property rights and proprietary rights.
14.2 The Affiliate shall indemnify and hold the Brand harmless against any and all claims, fines, disputes, (law) suits, actions, investigations and proceedings, and related costs and expenses from or with third parties, including, but not limited to, governmental authorities and the providers of the social media platforms, as a result of a breach of any of its obligations under clause 14.1.
14.3 The Affiliate represents and warrants to the Brand that no other party has any rights in and to any of any intellectual property used by the Affiliate in relation to the Affiliation, the Products and/or the Brand and that the intellectual property used by the Affiliate does not
infringe upon or otherwise interfere with the rights of any other party. The Affiliate indemnifies the Brand for any claim of a third party with regard to intellectual property rights.
14.4 The Affiliate shall indemnify and hold the Brand harmless against all damages, losses, liabilities, claims, disputes, (law) suits, actions, investigations and proceedings, and related costs and expenses (including attorneys’ fees) from or with:
(a) the Affiliate’s violation of any term or condition of this Agreement, the rules of the relevant social media platforms or any applicable law;
(b) the Affiliate’s taxes and duties or the collection, payment, or failure to collect or pay taxes or duties, or the failure to meet tax registration obligations or duties; and
(c) third parties in relation to any other communication from, conduct or behaviour of the Affiliate.
IDENTIFICATION AS AN AFFILIATE
15.1 The Affiliate must clearly and prominently state on each location where one or more Affiliate Links are used the following disclosure statement: “As an affiliate of The Vicki Pollack Course Collection I earn a commission from qualifying purchases.”
15.2 Except for the disclosure statement provided in clause 15.1, and other than as required by applicable law, the Affiliate will not make any public communication with respect to this Affiliation or this Agreement without the prior approval of the Brand by email.
INFORMATION RIGHTS
16.1 The Affiliate is obliged to promptly provide the Brand with any information that the Brand requests to: (i) monitor the use of the Affiliate Links by the Affiliate and any other communications to or with third parties in relation to the Affiliation; and (ii) verify the Affiliate’s compliance with this Agreement and applicable law.
16.2 The Brand is not obliged to provide the Affiliate with any specific information relative to any customer, regardless of whether such customer accesses the Brand’s website through an Affiliate Link. The Brand is only responsible for informing the Affiliate by way of tracking software of the Commissions due to the Affiliate as a result of sales made through the Affiliate Links. Such information will not be audited.
TERM & TERMINATION
17.1 This Agreement is effective as per Commencement Date.
17.2 This Agreement and the Affiliation are entered into for an indefinite period.
17.3 Either Party shall be entitled to terminate the Affiliation by email to the other Party at any time, with or without reason, with immediate effect and thus without observing a notice period, and without being liable or any compensation being due.
17.4 If the Affiliation is terminated, which termination can only occur on the basis of and in accordance with the relevant provisions of this Agreement, then:
(a) the License shall be revoked with immediate effect upon termination;
(b) the Affiliate shall cease and abstain the use of the Materials and/or delete any or all the Materials and any other materials and information in relation to the Affiliation from its website(s), computer(s), social media platform(s), and/or anywhere else the Affiliate has shared or stored the Materials and any other materials and information in relation to the Brand, the Web Page and/or the Products, and the Affiliate shall adhere to such request;
(c) all rights and obligations of the Parties under this Agreement shall end and become ineffective, except for:
(i) the rights and obligations accrued before that date;
(ii) any rights and obligations of or pursuant to clause 10 (Commission & payment) if and to the extent any Commissions are still outstanding; and
(iii) any rights and obligations of or pursuant to clauses 18 through 28, which will remain in full force and effect after termination of the Affiliation;
(d) such termination shall be without prejudice to any rights a Party may have vis à vis the other Party in connection with a breach of any provision of or obligation under this Agreement occurring prior to their termination; and
(e) any Account(s) will be closed immediately.
17.5 Upon termination of the Affiliation, the Brand shall make a final account of the remaining Commissions accrued before the termination date of this Agreement and the Affiliation. Clause 10 applies mutatis mutandis.
NON-DISPARAGEMENT AND PROHIBITED USE
18.1 The Affiliate agrees not to disparage the Brand’s brand, products, services or persons working for or employed by the Brand.
18.2 The Affiliate agrees that it will not make any unsubstantiated claims that will ruin the business reputation of the Brand.
18.3 The Affiliate shall not use the Materials and any other materials and information in relation to the Affiliation, the Brand, and/or this Agreement in any way that:
(a) is illegal, infringes or violates the rights of anyone;
(b) is offensive, obscene, defamatory, abusive, profane, hateful, vulgar, obscene, libellous, pornographic, political, threatening, derogatory, upsetting, insulting, misleading, discriminatory, sexist, racist or harmful to anyone in any way;
(c) disparages or discredits a Party;
(d) encourages or advocates conduct that constitutes a criminal offence, giving rise to (civil) liability or otherwise violates any law;
(e) is likely to cause confusion among third parties;
(f) portrays or insinuates any endorsement or sponsorship of a Party or its products or services by the other Party or in any other way portrays or insinuates that a Party supplies or approves of the other Party or its products or services; or
(g) portrays or insinuates any special relationship between the Parties.
18.4 The Affiliate shall not misrepresent or embellish its relationship with the Brand (including, but not limited to, by expressing or implying that the Brand supports, sponsors, or endorses the Affiliate) or express or imply any other type of relationship between the Parties except as expressly permitted by this Agreement or agreed by email or written agreement between the Parties.
CONFIDENTIALITY
19.1 The Affiliate shall use Confidential Information solely for the purposes of the Affiliation and shall not copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information for other purposes without the prior consent of the Brand given by email.
19.2 The Affiliate acknowledges that the Confidential Information of the Brand, its affiliates, and third parties is strategic, commercially sensitive, and valuable and that the improper disclosure or use thereof will cause serious damage and loss to the Brand.
19.3 The restrictions in this clause 19 shall not apply if and to the extent the information is or becomes available to the general public other than by disclosure by the Affiliate in violation of this Agreement.
19.4 The Affiliate shall have no obligation with respect to Confidential Information to the extent, but only to the extent, that such information is required or requested to be disclosed by applicable laws, provided that the Affiliate, to the extent practicable and permitted, promptly notifies the Brand of such request or requirement.
19.5 For the purposes of this clause 19, disclosures relating to Confidential Information that are specific shall not be deemed to be within the foregoing exceptions merely because they are embraced by more general disclosures in the public domain, in the possession of the Affiliate, or received from a third party. In addition, any combination of features shall not be deemed to be within the exceptions merely because the individual features are in the public domain, in the possession of the Affiliate, or received from a third party unless the combination itself and its principle of operation are in the public domain, in the possession of the Affiliate or received from a third party.
19.6 The Affiliate shall notify the Brand as soon as reasonably practicable of any unauthorized use, or attempted use, of the Brand's Confidential Information, and provide all information necessary to assist the Brand in any investigation it considers necessary, including for the purposes of mitigating damages, any claim, or the prevention of a recurrence. Additionally, the Affiliate undertakes best efforts to prevent a recurrence to the extent this is within its control.
COMMUNICATION
20.1 Any notice, request, consent, invoice, claim, demand, or other communication between the Parties in connection with the Affiliation or this Agreement must be sent by email in English to the following email addresses set out for each of the Parties below:
(a) to the Brand: info@vickipollack.com
(b) to the Affiliate: the email address provided by the Affiliate in the Registration Form, or such other email address as a Party may notify the other Party by email.
20.2 Unless another means of communication is explicitly provided for in this Agreement, the Affiliate shall not use any other means of communication, such as text messages, direct messages on social media platforms, (registered) postal mail, or phone calls, to communicate with the Brand unless the Brand has explicitly agreed to such other means of communication.
20.3 The Brand operates its business on Monday-Friday from 9amEST-5pmEST, except for public holidays observed in the Coach’s country (hereinafter referred to as; the “Business Days”, which, for the avoidance of doubt, includes the specified hours). The Brand shall endeavour to respond to emails within 24 hours on Business Days, which is a target and not a guaranteed service level. The Brand shall not be liable for failure to respond to emails within the aforementioned timeframe or the consequences arising therefrom, and any such failure shall not constitute a breach of this Agreement.
ELECTRONIC SIGNATURE
This Agreement constitutes an electronic contract between the Brand and the Affiliate with the full force and effect of a handwritten signature. The Parties enter into this Agreement by submission of the Registration Form by the Affiliate by way of clicking on the “Submit” button on the Registration Form.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties relating to the Affiliation and supersede any earlier agreements between the Parties with respect to the subject made hereof, whether in writing (which includes email) or oral.
AMENDMENTS & MODIFCATIONS
This Agreement may be changed, modified, or amended by the Brand at any time and at the Brand’s sole discretion by sending notice of such modification to the Affiliate by email, effective as of the date of the email. The Affiliate’s continued participation in the Affiliation following the effective date of such change will constitute the Affiliate’s acceptance of such changes, modifications, and/or amendments. If any such changes, modifications, and/or amendments are unacceptable to the Affiliate, the Affiliate’s only recourse is to terminate the Affiliation in accordance with clause 17.3.
ASSIGNMENT
The Affiliate may not assign or transfer its Affiliation or any of the Affiliate’s rights or obligations under this Agreement without the prior consent of the Brand given by email.
ENFORCEABILITY
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced with a provision that is valid and enforceable and reflects as closely as possible the intent of the invalid or unenforceable provision.
NO WAIVER
No failure or delay by the Brand in exercising any right or remedy under or in connection with this Agreement shall impair any right or remedy or operate or be construed as a waiver of any right or remedy.
CHOICE OF LAW
This Agreement and any non-contractual obligations arising out of or in connection with this Agreement shall be governed by the laws of New York State in The United States of America.
DISPUTE RESOLUTION & ARBITRATION
28.1 Without prejudice to clause 28.2, all disputes arising out of or in connection with this Agreement, the Meeting, the Recording, or the Materials, or further agreements resulting therefrom, shall be settled in accordance with the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules. The place of arbitration shall be New York City in New York State in The United States of America. The proceedings shall be conducted in the English language. No award or procedural order made in the arbitration shall be published.
28.2 If:
(a) the Affiliate is registered in New York State in The United States of America; or (b) a dispute is not subject to arbitration under clause 28.1 for whatever reason,
that dispute shall be settled in the competent courts located in New York City in New York State in The United States of America and both Parties irrevocably consent to the exclusive jurisdiction and location of the competent courts in New York City in New York State in The United States of America, for the adjudication of all non-arbitral claims.
Entire Agreement. This Agreement executed by the authorized representatives of the Parties in connection herewith, all of which are incorporated herein by this reference, contains the entire understanding of the Parties with respect to subject matter and supersedes all prior agreements, negotiations, and understandings between the Parties on the subject matter. This Agreement cannot be amended, or a provision waived except by a written instrument signed by the authorized representatives of the Parties.
Counterparts. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together constitute one agreement.
Notices. All notices, reports, and other communications provided for under this Agreement must be in writing and sent to:
(MOVE YOUR BLINDERS, INC.)
248 Route 25A
Suite 948
East Setauket, NY 11733
Attention: Legal Department, AFFILIATE
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date set forth below.
I agree
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Seriously...just read these:
"A no BS, safe and positive space to get your head and business straight. A place to recharge your mindset, reassess, inquire and cooperatively critique to push each other towards greater success. I'm always blown away by the immense value the speakers bring and just the overall up leveling conversations that you might not even think to have. A true Think Tank..."
Jessica S.
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"Growth isn't a solo game and being part of a supportive community where you can ask questions, feel connected, and share experiences is AMAZING! This group has it all for me. The questions I don't think to ask are here to give me lightbulb moments. My core goals are trust, honesty, integrity and selfless service so they fact you (Vicki Pollack) have ALL those plus the Roadmap was just the cherry on top. I can gush all day about this group because the people in it are incredible. Each people here adds so much value and support! So beautiful to see it grow!"
Jasmine
Pervious Community Member
"Truth tellers attract truth tellers. Vicki Pollack's genuine no bs approach is what drew me to this group, and I did a TON of wading through other people's stories and found myself coming back to Vicki time and time again. As for the others, many of them also claim to be all about no los, but if you look past the surface, you can separate the genuine from the fake ones. This group feels like home!"
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