PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY BECAUSE IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AS WELL AS SPECIFIC PROVISIONS CONCERNING HOW ANY DISPUTES INVOLVING THE REAL ESTATE MARKETING & CONVERSION MASTERY (REMCM) WEBSITE AND/OR ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE WILL BE RESOLVED.
Welcome to the REMCM website, operated by Draxion, Inc. and Relentless Media, LLC (collectively, “We,” “Us” or “Our”).
This Agreement is subject to change by Us at any time. Any changes will be posted to this URL, and will be effective as of the date of posting, as indicated by the “Last Updated” date at the top of the page.
Electronic Agreement. This Agreement is a legally binding, valid and enforceable electronic contract that contains the terms of governing your use of our Website and the Products and Services available in the free and paid membership areas. By accessing and/or using the Website and the Products and Services, including creating a free user account and/or becoming a paid member, you accept this Agreement and consent to the terms, conditions and notices contained or referenced herein.
Accounts and Memberships
Creating an Account. If you register a free account or become a paid member, you will be required to provide certain personal information, including:
Your first and last name;
Your company name;
Your e-mail address and telephone number;
Your credit card or bank account information;
Your billing address;
Your date of birth;
Creating a free user account allows you to access our free digital content consisting of trainings on various real estate and marketing topics.
Creating a paid membership account allows you to gain immediate access to the paid membership area for a one-time payment, which contains all of our members-only digital courses and other paid content.
If you create an account or become a member, a member profile page will be created for you, and you will be able to leave comments on certain content that will be visible to other members, but not the general public.
Membership Terms. By signing up for a paid membership account, you gain access to various products and services available exclusively to our paid members. Please note that our Products, Services and prices are always subject to change without notice. Detailed information on what is included in your membership can be found on the landing and checkout pages leading up to your purchase.
Passwords and Account Security. By creating a free user account or becoming a paid member, you acknowledge that maintaining the confidentiality of your username and password are your responsibility. You further acknowledge and agree not to disclose or allow the use of your username or password, or otherwise lend or transfer access to your user account or membership account to any third party. The Products and Services, including the memberships sold through the Website, are for your personal use only, and are not to be shared or re-sold. You are fully responsible for all transactions with, and information conveyed to Us under your username, membership, or account.
In the event of any unauthorized use of your username or password, or any other breach of security related to your membership or user account, you hereby agree to immediately notify Us. You further agree that We are not liable for any claims, losses, liabilities or damages relating in any way to such breach of security, and that you will indemnify and hold Us harmless in connection with any loss or damage arising from your failure to comply with any of the obligations under this section.
Payment of Fees. The membership fee can be paid in full in advance, or pursuant to a payment plan, in the manner and amount(s) specified on the checkout page.
By clicking the payment button and providing us with your payment information, you authorize Us to process payment in the amount indicated for the Products and/or Services selected.
If you elect to pay the membership fee in monthly installments as specified on the checkout page, you understand and agree that you are bound to pay the entire membership fee and you authorize Us to charge your credit card on file every thirty (30) days from the date of your purchase for each monthly installment, until the entire membership fee is paid in full.
If you elect to pay your membership fee via an available payment plan, you agree to keep your credit card information current. In the event that a payment is rejected, you agree to update and provide a valid form of payment within forty-eight (48) hours of the failed payment attempt.
Any installment amount remaining unpaid after the date it is due shall bear interest at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater, from the date such payment was due until it is paid.
If you fail to remit your payment within 14 days of your due date, membership, service and product access will be immediately suspended without notice. If payment is not received within 30 days of your due date, we will have no choice but to take further action including but not limited to the following:
Terminate access to all memberships, services and products without notice
Terminate your right to use any material or content provided by us
Further to the above actions, we may send your file to our international collection agency to attempt collections on the entire amount owing. We use Kingston Data and Credit (https://kingstondc.com/) to collect all unpaid accounts.
Membership Term. Memberships begin on the date the membership fee is paid, and continue until either a) we cancel your account due to your breach of these Terms and Conditions; b) you cancel your account by contacting us at email@example.com; or c) we discontinue the operation of the Website and the related Products/Services. In the event of the latter, we will provide all of our paying members with at least 30 days’ notice prior to our termination of the Website and/or the Product/Service being discontinued.
Third Party Products. Any reference on the Website (including any membership areas) to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Draxion, Inc. and/or Relentless Media, LLC. Information on this website relating to third party products is for informational purposes only.
While some of Our members will get trial access to certain Highlevel products and/or services upon signing up for one of our paid memberships, please note that these products and services are provided by a third party which neither Draxion, Inc. nor Relentless Media, LLC has any ownership or control over. Accordingly,
To the fullest extent permitted by applicable law, Draxion, Inc. and Relentless Media, LLC specifically disclaim all representations and warranties, express or implied, including any warranties of merchantability and fitness for a particular purpose, noninfringement, as well as any and all warranties relating to the functionality, features, or reliability of any Highlevel products and services, and the accuracy, timeliness, reliability, completeness or currentness of any information contained in or accessible through same. Specifically, Draxion, Inc. and Relentless Media, LLC make no representation or warranty that (a) any Highlevel products or services will be available on a timely basis, or that access to same will be secure, uninterrupted, and without error; (b) that any defects or errors relating to any Highlevel products or services will be corrected; (c) that the website or any products or services sold or described therein are free of defects, malfunctions, viruses or other harmful elements; or (d) that access to Highlevel products or services from the Website, including any membership area thereof, will be uninterrupted and without error.
By using any Highlevel products and/or services, you acknowledge that said products and services have their own terms, privacy policies and disclaimers which may be different from our own, and which are beyond our control. It is your job and responsibility to read those terms and privacy policies before using those products or services.
As the trial access to Highlevel products and/or services is provided as a bonus to certain paying members and is not part of any of Our core memberships, products or services, We may, in our sole discretion, discontinue providing access to same at any time. In the event that we elect to terminate our trial access program to Highlevel products and/or services, our members to whom this trial access was provided will receive a minimum 30 days’ notice of termination so that they may make other arrangements.
White Label Content – Limited License and Terms. As a paying member of the REMC Academy, you have the option of purchasing a limited, non-exclusive License, on a subscription basis detailed below, to "The Ultimate Real Estate Downsell" program a.k.a. "The Real Estate Marketing & Conversion White Label Facebook Ads Course": a white-label online course that You can sell to Your real estate agent customers to help them gain a general understanding of Facebook® advertising and create Facebook® ads to generate their own leads.
Upon purchasing a License to this course, You may download and install same on your Kartra or Go High Level platform as is; or You may use the video content in Your own LMS platform, where You can make it available to Your own clients as long as Your subscription is maintained by paying the monthly subscription fee, and on the express condition that You acknowledge, agree to and comply with all of the following terms:
The Ultimate Real Estate Downsell is a separate subscription product that You can access and purchase a License to by adding same to Your existing membership inside the REMC Academy membership area.
You may sign up for a 30-day trial of the Ultimate Real Estate Downsell at the price of $1. Upon the expiration of the initial 30-day trial period, You will automatically be charged $297 for continued access to the Ultimate Real Estate Downsell every 30 days via the same payment method used to sign up for the service, unless You cancel the subscription by 11:59PM US Eastern Time of the 30th day thereof by accessing your account profile in the REMC Academy membership area or by e-mailing support@REMCAcademy.com with the subject line “Cancellation of Subscription.”
The contents of the Ultimate Real Estate Downsell are hosted on spotlightr.com, where access is granted to the videos via "white-listed domains". In order to ensure access to the product, You must submit the domain(s) on which the course will appear on the intake form You will be directed to after signing up, in order for Us to white list the domain and make the content available to be viewed on the designated domain(s).
Contents of the Ultimate Real Estate Downsell cannot be re-recorded. If you purchase a License by adding the course to your account in the REMC Academy membership area, you may only use the original content, as it appears in the course, in the same form in which it was provided.
Ultimate Real Estate Downsell content may only be used on LMS sites, where it is protected by restricting access to paying customers only, via a username / password or membership. Under no circumstances can the Ultimate Real Estate Downsell be made available on public sites, or for free.
When a subscription is cancelled or if payment is declined or not received on the date it is due, the Limited License granted herein to sell the Ultimate Real Estate Downsell associated with the account will terminate immediately, Your white-listed domain will be removed from the hosting provider, and the contents of the course will not be accessible to the You and/or Your clients until You re-subscribe or pay the delinquent amount immediately upon being notified of the late payment before your account is de-activated.
If You wish to cancel Your subscription to the Ultimate Real Estate Downsell, it is Your responsibility to contact us via email at support@REMCAcademy.com so that We can transfer Your customers or clients who purchased access to the Ultimate Real Estate Downsell Client Membership Portal, where such clients may continue to access the content. Should You fail to transfer Your customers by following the instructions provided herein, You agree to indemnify and hold Us harmless from and against any third party claims relating to lack of access to the course and course materials in accordance with the Indemnification provisions of this Agreement.
You may only offer the Ultimate Real Estate Downsell as a “downsell” offer to your potential customers or as an add-on to your primary offer or program. If purchased, this Limited License permits You to offer the Ultimate Real Estate Downsell to potential purchasers after such purchaser declined to buy Your front-end or primary offer. You may make such a “downsell” offer via follow-up email, pop-up triggered by intention to abandon a purchase, re-targeting customers who abandoned cart or did not finish checkout, or similar method designed to acquire a customer after said customer rejected the primary offer. Under no circumstances are You allowed to promote or advertise the Ultimate Real Estate Downsell as a primary or front-end offer, abandon cart or signal an intent to leave without making a purchase. The Ultimate Real Estate Downsell may also be sold as an add-on to your primary product or service; however, it may under no circumstances be sold or advertised as a primary, stand-alone product.
If You fail to comply with the provisions of paragraphs (e) and (i) above, and make the Ultimate Real Estate Downsell available i) for free, or ii) not as a “downsell” or “add-on” offer, or iii) available to the public without password protection or other suitable restriction ensuring that it is only accessible to paying purchasers of a downsell offer, We shall be entitled to receive the sum of Ten Thousand Dollars ($10,000) as liquidated damages for such breach of these Terms, without the need for proof of damages. By subscribing and purchasing a License to the Ultimate Real Estate Downsell, You acknowledge and agree that the sums payable under this section shall constitute liquidated damages and not penalties and are in addition to all other rights We may have under this Agreement, including the immediate termination of all access to any memberships which may be in effect at the time of the violation, without the obligation to issue any refunds. You further acknowledge that (i) the amount of loss or damages likely to be incurred is incapable or is difficult to precisely estimate, (ii) the amounts specified herein bear a reasonable relationship to, and are not plainly or grossly disproportionate to, the probable loss likely to be incurred by Us in connection with any breach of the terms referenced herein, (iii) one of the reasons for reaching an agreement as to this amount is the uncertainty and cost of litigation regarding the question of actual damages in cases of violation of the referenced terms, and (iv) both We and You are sophisticated business parties who have had the opportunity to consult with sophisticated and able legal counsel regarding these terms, and nothing prevented you from seeking legal counsel prior to enrollment in the memberships and subscriptions available on the Website, including the Ultimate Real Estate Downsell, pursuant to these terms.
Copyright. Any and all content on the Website, as well as content transmitted with and/or as part of our Products or Services, including any designs, graphics, logos, icons, text, images, audio and video clips, the selection, compilation and arrangement thereof, as well as any and all software and custom code on the Website is protected by U.S. and international copyright laws. Draxion, Inc. and Relentless Media, LLC reserve all rights in such copyrighted content. The compilation, collection, assembly and arrangement of all content on the Website is the exclusive property of their owners, and any unauthorized use, distribution, reproduction, modification, transmission, display, performance, republishing, creation of derivative works therefrom, and any other means of dissemination without our express written consent, is prohibited by law and will be prosecuted.
Trademarks. Draxion, Inc., Relentless Media, Real Estate Marketing & Conversion Mastery, REMCM, as well as all custom graphics, icons, page headers, logos, slogans, product and service names, and other brand elements and brand identifiers are trademarks, trade dresses and service marks of Draxion, Inc. and/or Relentless Media, LLC. As such, any use of these marks in any manner likely to confuse consumers without the express, written consent of their owner, is strictly prohibited. Any trademarks belonging to third parties require the consent of their respective owners prior to use or display.
Nothing in this document, or on the Website, gives any person the right to copy, reproduce, publish, upload, share, use, register as a domain name, or otherwise display any logo, slogan, tagline, trademark, trade name, service mark, trade dress, copyrighted material, patent, trade secret, or confidential information owned by Draxion, Inc. and/or Relentless Media, LLC, or any of Our partners, sponsors, parents, subsidiaries, and affiliates.
Product Purchase and Delivery
Digital Delivery. All Products sold by Us on the Website are digital products only, and are deemed delivered when you receive the login credentials by which the membership area containing the products may be accessed.
Third Party Products. Any reference on the Website to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Us. Information on this website relating to third party products is for informational purposes only.
No Re-Sales. You acknowledge and agree that disclosing or allowing the use of your username or password, or otherwise lending or transferring access to your user account or membership account to any third party is strictly prohibited. The Products and Services, including the memberships and their associated contents sold and accessible through the Website, are for your personal use only, and are not to be shared, re-sold, distributed, or otherwise made accessible to third parties other than the member who purchased the membership.
Affiliate Disclaimer. We believe in transparency on the web, so it is important to us to disclose that our Website, including some of our Products, Services, e-mails, newsletters and social media posts may include links to certain products or services on which we earn affiliate commissions, sponsorships, free products or services, or other forms of compensation for purchases made by visitors who found the site through one of our links.
Be assured that any compensation received by us will never influence the topics and content of the Website or our Products, Services, e-mails, newsletters and social media posts. We only promote those products and services that we have thoroughly investigated, and which we feel can truly deliver value to our users, members and readers in a way that is aligned with the values of our company.
Though we may receive compensation for some of our sponsored content, the views and opinions expressed in any post or e-mail we send out will always be our own, and we will always give you our honest opinions, findings, beliefs or experiences relating to any sponsored products, services and businesses.
Since we are not the manufacturers or distributors of the products we promote, it is important that readers verify any product claim, representation, statistic, testimonial, quote, or other representation about a product or service with the manufacturer, seller, or other responsible party. It is further your responsibility to read the terms, conditions, disclaimers and privacy policies posted by such third parties before using any of such third party’s products, services or information.
If you have any questions regarding our affiliate relationships, please do not hesitate to contact us at firstname.lastname@example.org.
Payments, Returns and Refunds
Payment Terms. Payments for Products and Services, including memberships sold via the Website, are to be made via the payment methods specified on the checkout page.
Payment of membership fees are further governed by the “Payment of Fees” paragraph under the “Accounts and Memberships” section of this Agreement.
Any coaching, consulting and/or done-for-you Services that are not included in the paid membership program(s) available for immediate purchase through the Website (“Separate Services”) require the execution of a Client Agreement between you and Us, and shall be subject to the specific terms and conditions stated therein, including the time and manner of payment. We are under no obligation whatsoever to render or caused to be rendered any Separate Services of any kind in the absence of a Client Agreement properly executed by all parties involved.
Refunds and Cancellations. We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the course.
We therefore offer limited refunds to members who purchased non-discounted memberships, if all of the following requirements are met:
In order to be eligible for a refund, you must have viewed less than 30% of the total course material (we use a database provider who provides accurate metrics regarding viewership of total course content).
In order to be eligible for a refund, you must NOT have accessed or activated any of the following sections of the course:
Lead Follow Up Membership Portal;
CRM Package; or
"The Ultimate Real Estate Downsell" program a.k.a. "The Real Estate Marketing & Conversion White Label Facebook Ads course"
Members who have accessed the foregoing resources are not eligible for refunds.
All refund requests must be submitted via e-mail to email@example.com, within fourteen (14) days of purchase. If a refund request is not made within fourteen (14) days of purchase, all payments are non-refundable and you are responsible for full payment of the membership fee in accordance with the payment provisions above, regardless of whether or not you elect to complete the program.
All refund requests must include proof that you did the work in the course and it did not work for you. Specifically, your refund request must include proof that you:
Viewed 100% of Videos in Completion in Module 3 (Generating Leads - The Ads);
Created at least one ad using any one of the examples provided in the course, published the ad using the Facebook Ads manager, and spent a minimum of $100 in advertising budget; and
Posted at least one of the ads you created inside the Real Estate Marketing & Conversion Academy Private Mastermind Facebook group and requested feedback on same prior to making the refund request.
Users who have activated any one or more of the above listed sections of the course are NOT eligible to receive any refunds. These include "Lead Follow Up Membership Portal", "Resources" and "CRM Package".
Discounted purchases are not eligible for refunds.
Refund requests within 24 hours of purchase may require additional verification in an effort to prevent piracy.
Eligible refunds and cancellation of services can take up to 14 days to review, approve and process.
If you have any questions or problems relating to the program or this refund policy, please let us know by contacting our support team at firstname.lastname@example.org.
Content Posted by Users
Your Public Content. By using the Website, you understand that any public content you post on the Website and/or any other site, social media account, page, group, community or other forum or page hosted or operated by Us in connection with the Website and/or the Products or Services provided thereon, is solely your responsibility, and further, that such content may be seen by anyone, including other members, users, and in some cases (such as posts appearing on our social media pages) the general public.
Limitation of Liability Regarding Public Content. We are not responsible for any consequences of content posted by anyone on the Website and/or any other site, social media account, page, group, community or other forum or page operated by Us in connection with the Website and/or the Products or Services provided thereon. We only provide certain site(s), forum(s) and group(s) for public discussion, but we are not liable for any statements, representations, or other content provided by any user or member of the public in any forum, application or platform. We do not control what you or anyone else posts either on the Website or on third party sites, applications or platforms. As such, we make no guarantees whatsoever as to the quality, accuracy, correctness or integrity of any content posted by users of the Website or any third party site, forum, application or platform.
You further understand and acknowledge that, by using the Website and/or by interacting with us and other users on third party platforms, you may be exposed to offensive, indecent or objectionable content, for which We are not responsible. Any risk of damage or injury from such content resides entirely with you. Under no circumstances will We be liable in any way for any content or information posted on any public forum or third party site by anyone, including, but not limited to a) any errors or omissions in said content; or b) any loss, damage, claim, expense or injury of any kind (including but not limited to personal injury or property damage), incurred as a result of the use of, or reliance upon, any content posted, emailed or otherwise transmitted via or to the Website or any affiliated or third party sites, platforms, or applications by any user or member of the public.
Warranties Made by You. By posting content on the Website, forums, groups, communities or any third party account, site, application or social media account associated therewith, you acknowledge, represent and warrant that:
Your content and personal information posted in any public forums, communities, groups and membership areas associated with the Website and the Products and Services provided thereon may be available to other Members and users, as well as some third party sites;
You are the sole author and owner of all intellectual property and other rights to any content posted by you, or have the necessary licenses, rights, consents and permissions to use said content;
You consent to the potential use by Us of any content posted by you in Our Products, Services and marketing and advertising materials and campaigns, online or offline;
You waive any and all "moral rights" to said content posted by you, and you do not require that any personally identifying information be used in connection with said content, or any derivative works of or upgrades or updates thereto;
You will at all times comply with the Federal Trade Commission’s requirements regarding the use of endorsements and testimonials in advertising, including making a clear and conspicuous disclosure if you receive any compensation or incentive in any form in exchange for posting content on the Website or any third party sites, platforms or forums hosted or operated by Us;
You are at least 13 years old;
You also represent and warrant that any content you submit to the Website and any communities, forums, groups, and membership areas associated with the Website and Services provided thereon:
Is accurate, is not false, and is not misleading;
Does not violate any law, statute, ordinance or regulation;
Will not cause harm, damage, injury or the violation of the rights of any person or entity under the law;
Is not harmful or damaging to minors;
Does not infringe on the intellectual property rights of any person or entity under pertinent state, national and international intellectual property laws as they pertain to trademarks, copyrights, patents, trade secrets and other forms of intellectual property;
Does not violate the privacy rights of any person or entity;
Is not a violation of a contractual obligation or fiduciary relationship owed by you to any other person or entity;
Does not violate any law, statute, ordinance or regulation;
Is not hateful, defamatory, bullying, obscene, racially or religiously offensive, abusive, harassing, or threatening to any person, group or entity;
Does not include references to other Website, addresses, email addresses or other contact information;
Does not constitute phishing, promotion, unsolicited or unauthorized advertising, spam or junk mail; and is not made in furtherance of any pyramid scheme or other form of solicitation;
Does not contain any computer viruses, worms or other potentially damaging programs or files; and
Does not impersonate or otherwise use the name or likeness of, or imply any affiliation with, any other person or entity without their express permission.
In the event that any content posted by you violates any of the above, We reserve the right to terminate your Account and this Agreement immediately and without notice, and to seek any and all additional damages and remedies available under applicable laws.
No Obligation of Confidentiality. You understand and acknowledge that there is and will not be any obligation of confidentiality on Our part or on the part of any of Our agents, subsidiaries, affiliates, partners, third-party service providers and their respective directors, officers and employees, with respect to any content posted by you to the Website and/or any third-party site, application or social media account, page, group or other forum, community or page associated with and/or operated by Us.
Personal Information of Other Users. You may not use the Website, including any user or membership areas, and any affiliated forums, groups, pages, communities, social media pages and accounts, and other similar forums to collect or store personal information about other users.
Compliance With Laws. You acknowledge and agree that any use of our Website and our Products and Services by you must comply with all applicable laws, regulations, rules and orders of any court having jurisdiction over you, Us, and/or the recipient of any communication by you for which you have used the Website or our Services. Understanding all laws applicable to your conduct and communications is your responsibility. Some examples of laws with which you may be required to comply include the CAN-SPAM Act, COPPA, CalOPPA, the GDPR, the EU Privacy and Electronic Communications Directive, the U.K. Privacy and Electronic Communications Directive, the Telephone Consumer Protection Act (TCPA), the Canada Anti-Spam Law (CASL) and/or any other laws relating to privacy, security, intellectual property, consumer protection, terrorism, corruption, child protection, or import/export laws.
Our Use of Your Content
Ideas and Suggestions. If you mail, e-mail or otherwise transmit any content to us, or post any content to the Website and/or any site or social media account, page, group, community or other forum or page associated therewith and/or otherwise owned or operated by Us, and such content includes any ideas, suggestions, documents or proposals to Us, you acknowledge that a) nothing contained in said content is confidential, b) We have no obligation of confidentiality with respect thereto, and c) We are not liable to pay you any compensation, reimbursement, or other payment unless expressly agreed to by Us in a properly executed written agreement.
Photographs. You hereby grant Us permission to use any and all photographs taken by Us or our agents, employees or other representatives, or submitted by you to us via mail, e-mail, website submission or on an open forum such as a social media platform, group, or other community. Our use of said photographs may include use in any media (print, television, Internet, radio/podcast or any other form of publication), for any purpose, including marketing, advertising, promotion, or packaging of any product or service sold and/or marketed by Us. You further acknowledge and agree that said photographs may be licensed by Us to any third party, and may be combined with other graphics, text, sounds and videos, or otherwise modified, altered and/or manipulated to fit the use intended by Us or our licensees, without paying any royalty, fee, or other monetary compensation to you.
You hereby agree to release, hold harmless and forever discharge Us from any and all claims, losses, damages or liabilities that you may suffer as a result of the use of any photographs taken by Us or Our agents or employees, or submitted by you to Us via mail, e-mail, website submission or on an open forum such as a social media platform. You further acknowledge and agree that this release is irrevocable, and is binding upon your heirs and assigns.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WAIVER OF JURY TRIAL: By electing to resolve all claims and disputes via binding arbitration, THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO APPEAR IN COURT AND HOLD A TRIAL IN FRONT OF A JUDGE OR A JURY. Should any litigation arise between you and Us in any court, state or federal, to vacate or enforce an arbitration award or otherwise, ALL PARTIES HEREBY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect the dispute to be resolved by a judge.
ARBITRATION PROCEEDINGS: Arbitration is a much quicker, often cheaper, and more informal process than a lawsuit. In arbitration proceedings, the case is decided by an arbitrator, instead of a judge or a jury. The arbitrator can award the same damages and relief that a court can, and his decision is final and binding. In the United States, arbitration procedures are governed by the Federal Arbitration Act. It is recommended that you familiarize yourself with that legislation, or consult with an attorney, in order to understand how arbitration procedures work.
OPT-OUT OF ARBITRATION: You have the right to opt out of this arbitration agreement by emailing Us at email@example.com and providing the following information:
Your phone number; and
YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
Third Party Content. We may provide content from third parties, and links to sites operated by third parties over whom We have no control. We do not monitor, approve, or update the content posted on these sites, and our inclusion of links thereto in no way implies or constitutes any association between Us and said third party, nor does it constitute any form of guarantee, endorsement, or representation with respect to the completeness or accuracy of the referenced third party content or site. You acknowledge that you use and rely on third party content solely at your own risk. Any third party posted by us is not a reflection of Our views.
Non-Interference. By using the Website, you agree not interfere with, disable, disrupt or circumvent any security or security-related features that prevent or restrict the use of, or access to, any part of the Website, any of its features, the content posted thereon, or any of our Products or Services. You may not interfere with or disrupt the Website, servers or networks connected thereto, nor may you disobey any rules, requirements, policies, procedures or regulations of networks connected to the Website. Further, you may not use any device, software, or technology to disrupt or negatively interfere with any other user’s experience or ability to use the Website or its functions and features, including the ability to purchase and use Products, Services, such as account or membership benefits.
Reservation of Rights. We reserve the right to terminate, in Our sole discretion and without notice, any membership or user account, and/or block any user’s, member’s or visitor’s ability to use or access the Website, or any of its pages, in any manner.
In order to protect our customers, ourselves, and the general public from fraud and other unauthorized or illegal activity, we further reserve the right to screen all orders made through the Website for fraud and unauthorized or illegal activity, and to refuse to process any order found fraudulent, illegal or unauthorized, or suspected of fraud or unauthorized or illegal activity. We may also cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. If verification is required before processing your order, we may call you at the contact information you provided to confirm your order, address, shipping and/or billing information, and/or identity.
Warranty Disclaimer. DRAXION INC. AND RELENTLESS MEDIA, LLC ARE PROVIDING THIS WEBSITE, ITS CONTENTS, THE PRODUCTS AND SERVICES AVAILABLE THEREON, AND THE MEMBERSHIP AREA AND FORUMS ON AN "AS-IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION, CONTENTS, OR OPERATION OF THE WEBSITE OR ANY OF ITS FEATURES OR FUNCTIONALITIES, INCLUDING THE MEMBERSHIP AREA.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AS WELL AS ANY AND ALL WARRANTIES RELATING TO THE ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION CONTAINED ON OR ACCESSIBLE THROUGH THE WEBSITE OR THROUGH ANY PRODUCT OR SERVICE PROVIDED BY US.
WE MAKE NO REPRESENTATION OR WARRANTY THAT (A) THE WEBSITE, OR ANY PRODUCTS OR SERVICES SOLD OR DESCRIBED THEREIN WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO SAME WILL BE SECURE, UNINTERRUPTED, AND WITHOUT ERROR; (B) THAT THE WEBSITE AND/OR ANY INFORMATION, PRODUCT AND/OR SERIVICE AVAILABLE ON OR THROUGH THE WEBSITE ARE OR WILL BE CORRECT AND FREE FROM ERROR; (C) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE WEBSITE OR ANY PRODUCTS OR SERVICES SOLD OR DESCRIBED THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
WE DO NOT PROMISE, GUARANTEE OR WARRANT YOUR BUSINESS SUCCESS, INCOME, OR SALES.
It is possible for the Website and our Products and Services to contain mistakes, inaccuracies, and materials that conflict with these Terms. Should a conflict arise between anything posted on the Website or in a Product or Service we offer and these Terms, these Terms shall control.
Liability Limitation. DRAXION INC., AND/OR RELENTLESS MEDIA, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, OR IN ANY WAY RELATING TO, THE USE OF THE WEBSITE, THE COMMUNITY AND MEMBERSHIP AREAS, ANY SOCIAL MEDIA OR OTHER PUBLIC FORUMS AND THIRD PARTY ACCOUNTS OWNED AND/OR OPERATED BY US, OR ANY OF THE PRODUCTS OR SERVICES OFFERED FOR PURCHASE OR SALE THROUGH THE ABOVE CHANNELS. THIS LIMITATION OF LIABILITY APPLIES TO, BUT IS NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, PROPERTY DAMAGE, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF DATA, AND CLAIMS OF THIRD PARTIES.
DMCA Notices. If you believe that any of your work or content has been copied, displayed, used, reproduced, or posted on the Website or any community or membership area or affiliated forum, page or third party platform, without your consent, and in a way that constitutes copyright infringement, please provide us with the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):
A signature (electronic or physical) of the person authorized to act on behalf of the owner of the copyright;
A precise description of the copyrighted work that is the subject of the alleged violation;
A description of where the infringing material is located on the Website or any community/membership area;
A written statement by you in which you attest that you have a good-faith belief that use complained of is not authorized by the owner of the copyright or under the law;
Your name, address, telephone number and email address; and
A written statement in which you attest, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf, and that the information provided in your DMCA notice is true and accurate.
All DMCA notices must have “DMCA Notice” as the subject line, and shall be directed to: firstname.lastname@example.org
Choice of Law and Forum Selection. This Agreement shall be governed and construed in accordance with the laws of the State of Michigan, excluding that State’s choice-of-law principles, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of Michigan, excluding that State’s choice-of-law principles.
With regard to those circumstances in which the Arbitration provisions of this Agreement, if any, do not exclude litigation in court, you hereby expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Michigan.
Dispute Resolution. Should a dispute arise between you and Us, please contact our customer service team by calling 727-231-4117 or sending an e-mail to email@example.com. We will do our best to arrive at a speedy and cost-efficient resolution to any dispute, to the extent of our ability. If, however, we cannot resolve the dispute via our customer service department, the following applies:
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT ANY CLAIM OR LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THE WEBSITE, ANY PRODUCTS OR SERVICES PURCHASED OR AVAILABLE FOR SALE TEHEREON, AND ANY COMMUNITY OR MEMBERSHIP ACCOUNTS ASSOCIATED THEREWITH, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION FORMING THE BASIS OF THE CLAIM ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Headings. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Notices. Notices from Us to our paying members may be made via e-mail. Changes to these Terms may be posted to this URL without additional notice.
Any notice required to be given to Us under these Terms or otherwise, must be in writing, addressed to firstname.lastname@example.org