Acceptance of Terms and Conditions for Membership in the Manifesting with Friends Program:
This Acceptance of Terms and Conditions (the “Agreement”) for membership in the Manifesting with Friends program and its related courses, materials, websites (collectively referred to as the “The Membership Platform”) sets forth the terms of the relationship between Tommy Collier LTD, D.B.A. The Collier Collective a Colorado limited liability company (“TCC”), with headquarters located at 3300 Walnut Street #118, Denver, Colorado 80205, USA, and you as the purchaser or consumer (“you”) as it relates to the Membership Platform. You and TCC may be referred to in this Agreement collectively as the “Parties” or individually as a “Party.” You expressly agree to the terms of this Agreement by participating in the Membership Platform.
1. Term of Agreement. The term of this Agreement shall be from the time TCC accepts your enrollment in Membership Platform (the “Effective Date”) until expiration or termination of the relationship between you and TCC. Either Party may terminate this Agreement at any time by giving the other Party written notice of termination. Termination will not, however, release either Party from any obligations that arose prior to the date written notice of termination was given.
2. Fees and Refunds. All funds related to your participation in the Membership Platform, including the Membership Payment, are nonrefundable. All funds paid by you are deemed earned by TCC upon receipt.Â
3. Participation at Your Own Risk. TCC does not guarantee that you will achieve any specific personal, professional, or financial results based on your enrollment or participation in the TCC Membership Platform or your use, viewing, listening to, participation in or engagement of any services, products, Membership Platforms, or providers associated with or provided in connection with the Membership Platform. TCC also does not guarantee you will earn any specific amount of income as a result of your enrollment in its Membership Platform, or your use, viewing, listening to, participation in or engagement of any services, products, Membership Platforms or providers associated with or provided in connection with the Membership Platform. TCC makes no promises, representations or warranties concerning the viability of any goals, aspirations or endeavors you may identify or choose to pursue because of your enrollment in the Membership Platform or your use, viewing, listening to, participation in or engagement of any services, products, programs, or providers associated with or provided in connection with the Membership Platform. Your participation in the Membership Platform and all associated products, services, and features at your own risk. You are solely responsible for any decisions and actions that result from your use of Membership Platform and all related information, products, services, and engagement of any associated providers. TCC does not provide psychological, consulting, investment, or financial advice.
4. Ownership Rights and Proprietary Information. TCC owns all right, title, and interest (including all TCC Intellectual Property, as defined in Section 9, below) relating to all works of authorship, designs, know-how, ideas, materials, products, services, and information related to the Membership Platform. You agree not to reproduce, duplicate, copy, retransmit, disseminate, or otherwise use any TCC owned confidential, proprietary or TCC Intellectual Property protected works of authorship, designs, know-how, ideas, materials, products, services, or other information provided in connection with the Membership Platform without the company’s express written consent.Â
5. Intellectual Property. All trademarks, service marks, trade names, logos, patents, and copyrighted materials associated with the Membership Platform (the “TCC Intellectual Property”) are the exclusive property of TCC. You agree not to interfere or infringe upon the TCC Intellectual Property by, among other things, the following: (1) duplicating or creating of works (including any derivative works) that are the same or substantially similar to the TCC Intellectual Property; (2) registration, creation or use of trademarks, service marks or domain names that are the same or substantially similar to the TCC Intellectual Property; (3) use, manufacture, import, or sales of any product or service that infringes upon the TCC Intellectual Property; (4) any action that would pass off or create the appearance of an association with or endorsement by TCC; and (5) reproduce, duplicate, copy, retransmit, disseminate or otherwise use any TCC Intellectual Property without the company’s express written consent.
6. User Access. Unless otherwise agreed to in writing by TCC, access to the Membership Platform is granted on a single user basis. You are prohibited from sharing, passing off, duplicating, or otherwise granting any other individual(s) access to the Membership Platform.
7. Compliance with the Membership Platform Terms and Policies. You agree to comply with all terms of use, spam and privacy policies and any other terms or policies applicable to the Membership Platform. Failure to do so, in TCC’s sole and absolute discretion, may result in the immediate suspension access to or termination of membership in the Membership Platform.
8. Non-Infringement. In addition to complying with all applicable terms of use, spam and privacy policies and other terms or policies, you shall not post, display, disseminate or otherwise use any image, recording, writing or other material on the Platform Membership without ownership of or the owner’s express written consent to do so. You are additionally prohibited from taking any action that infringes or potentially infringes upon any confidential, proprietary, or intellectual property rights of any third party or parties in connection with your access to the Membership Platform. Any unauthorized posting, displaying, dissemination or usage of any image, recording, writing or other material on the Membership Platform that infringes upon or potentially infringes upon the confidential, proprietary, or intellectual property rights of any third party, or third parties shall immediately be removed from the Membership Platform.Â
9. Consent to Use Likeness. By participating in the Membership Platform, you expressly grant TCC consent to capture, record, replicate, reproduce, publish, and otherwise disseminate your name and likeness in any and all promotional, educational or other means derived from the Membership Platform Zoom sessions, or any portion of the Membership.
10. Modification. TCC may modify or amend any of the terms and conditions contained in this Agreement, at any time and by posting a change notice or a new version of the Agreement on its website, by presenting you with a revised version to accept, or by otherwise advising you of the amendment/modification. If any such amendment/modification is unacceptable to you, your only recourse is to terminate this Agreement and to not participate in the Membership Platform. Your continued participation following the posting of a change notice or a new version of this Agreement on the TCC website, or by direct email, following notice of the modification/amendment to you will constitute your binding acceptance of the new terms and conditions.
11. Indemnification. You will indemnify, hold harmless and defend TCC (as well as its members, employees, instructors, vendors, independent contractors, service professionals, providers and affiliated entities) against any and all claims, expenses, costs, causes of action and damages (including those for personal injury, property damage and reasonable attorney’s fees) relating to your enrollment and/or participation in the Membership Platform or relating to your violation of this Agreement or violation of any terms of use, privacy policy, spam policy or other policies or terms applicable to the Membership Platform.
12. Assignment. You may not assign this Agreement (or any obligations under this Agreement without TCC’s prior written consent.
13. Limitation of Liability. TCC (as well as its members, employees, instructors, coaches, vendors, independent contractors, service professionals and affiliated entities) shall not be liable for any indirect, incidental, special, or consequential damages of any nature (including but not limited to claims for personal injury, property damage, loss of revenue, profits) related to your enrollment and/or participation in the Membership Platform.
14. Governing Law. This Agreement will be governed by, and construed in accordance with, the laws of the State of Colorado, without reference to rules governing choice of laws. You further agree to and consent to personal jurisdiction being exercised over you in the State of Colorado. Jurisdiction is proper in district courts located in the City and County of Denver concerning any dispute referring or relating to this Agreement or the Membership Platform. In the case of any such action, the court may award the successful party its attorney’s fees, costs, and expenses as against the unsuccessful party.
15. Legal Age. You represent that you are of legal age to enter into this Agreement.
16. Relationship of Parties. Nothing in this Agreement or through your enrollment and/or participation in the Membership Platform shall create a partnership, joint venture, agency, or franchise relationship between you and TCC.
17. Miscellaneous. This Agreement, together with any invoices/purchase receipts provided by TCC, constitutes the entire understanding of the Parties with respect to your enrollment and/or participation in the Membership Platform. This Agreement, together with any invoices provide by TCC, revokes, and supersedes all prior or contemporaneous agreements, communications, proposals, or understandings and agreements, whether electronic, oral, or written, between the Parties regarding Your enrollment and/or participation in the Membership Platform.
