TERMS OF PURCHASE AND REFUND POLICY
Cody Askins™ (hereinafter referred to as “Cody Askins”, “CA”, “The Company”, “We”, “Us” or “Our”) stand behind all of their products and your satisfaction is very important to us. Any and all purchases made from us (including all related website properties, sales over the phone, and live event on-site purchases) are covered by the following policies.
Offers/Coupons cannot be used in conjunction with each other unless otherwise stated. Coupons are only valid during the advertised promotion period. Prices are subject to change without notice. Gift Cards are non-refundable.
Live Event Terms and Conditions
Each Live Event may have different Terms of Purchase and Terms and Conditions depending on its location, the Live Event Venue, and the Live Event Content. Please see the designated website for the Live Event for a complete set of its Terms of Purchase and Terms and Conditions as it pertains to that specific event.
No Guarantee of Results
We do not guarantee that you will achieve any specific health, personal relationships, financial or other results or earn any specific amount of income or reach any particular goal from purchasing our products and/or services. The information provided is provided only on an informational basis and is only for your personal use. If you use such information, you do so at your own risk and are solely responsible for any decisions and actions that result from your decision to use such information. We will never provide relationship, legal, investment, professional, tax or financial advice. There is no assumption of responsibility for any errors or omissions that may appear in any program materials or written information. You agree to take full responsibility for any results you receive from use of any products or services purchased from us.
NO SOLICITATION POLICY
We have a strict no-solicitation policy covering all of our virtual and live events, ZOOM Meetings, ZOOM Calls, ZOOM “meet-ups”, Facebook Groups, Social Media Groups, virtual or live events, conferences, masterminds, CA HQ days, trainings, summits, bootcamps and expositions. In order to provide a distraction-free environment for our attendees and guests, we do not allow solicitation at any of the aforementioned events by attendees or unauthorized parties. This policy includes but is not limited to the following unauthorized activities.
- Unauthorized receptions & parties (including off-site events)
- Unauthorized exhibits, mobile exhibits & hospitality suites
- Unauthorized membership recruitment activities
- Unauthorized subgroups on social media platforms (including WhatsApp)
- Unauthorized sale of any product or service not offered by an affiliated Askins Company
- Unauthorized promotion of non-Askins Company events
- Unauthorized employment recruiting
- Unwelcome advances toward event participants
- Unauthorized on-site distribution of printed or electronic materials including literature, signs, flyers, invitations, tickets, forms, etc. (except business cards)
- Unauthorized distribution of virtual invitations to any of the aforementioned prohibited activities
- Unauthorized use of the venue’s Wi-Fi, guest Wi-Fi or Company’s Wi-Fi for self-promotional or solicitous purposes
- Unauthorized use of the venue for self-promotional or solicitous purposes
Any person and/or organization found to be violating this policy shall be expelled from the event without a refund and may be subject to legal action for any damages incurred by Us.
Attendees found to be violating this policy agree to pay the affected Askins Company and/or Companies the equivalent of a Sponsor or Exhibitor fee, plus a pro rata portion of the event’s cost. Attendees found to be violating this policy shall also be immediately expelled from the event and shall be disqualified from future events at the discretion of any of the Askins Companies.
ATTENTION TO PURCHASERS OF ANY LIVE EVENT TICKETS:
Live Event Tickets
There are no refunds on any live event tickets. If you have registered any single ticket more than one (1) time, then the Company reserves the right to cancel or reject any subsequent ticket that was registered multiple times, whether intentionally or inadvertently registered by either party. The Company also reserves the right to cancel any tickets that were issued or transferred in violation of any Company policy. All ticket purchases are subject to availability without exception. Receipt of a confirmation of a ticket purchase does not guarantee that a seat will be reserved at the Event should an Event be sold out. As such, if you purchased a ticket but did not reserve you seat, your ticket may be deemed invalidated. The Company reserves the right to either issue a store credit or possibly issue a refund depending on the circumstances of your purchase. If an Event is sold out, or in the venue host has subsequently limited the capacity, then the Company reserves the right, in its sole discretion, to either roll over a ticket into the next scheduled Event, issue a store credit, or offer an Event substitution. If the next Event is sold out, or close to full capacity, the Company reserves the right to issue a store credit for purchase of the ticket instead of rolling the ticket over into the next Event. The decision will be based on availability and the type of ticket purchased, such as whether it was a free ticket, included in a bundle, or a ticket purchased without any restrictions. All Events are subject to change and the location, date and venue may be changed at any time. If you have paid for airfare and hotel accommodations, the Company is not responsible for those costs. All ticket purchases, gratis tickets, bundled tickets and promotional tickets are subject to availability. All tickets are subject to cancellation, forfeiture, or rollover to another event at the sole discretion of the Company. Tickets that are rolled over to another event are deemed forfeited if not used at the selected event. Tickets may not be rolled over more than one time and expire in twelve (12) months if not redeemed.
If you are unable to attend an Event, you may be eligible to receive a store credit (not a refund back to your method of purchase) on a ticket purchased without restrictions. Within 15 days prior to the event, you may request a 100% credit at our online store, or you may use the credit for a future live event; however please be advised that this only applies to tickets that are purchased without restrictions. There is only one ticket change request per ticket or per purchase. We reserve the right to deny any subsequent ticket change requests. Tickets may not be rolled over more than one time and expire in twelve (12) months if not redeemed. Again, ALL tickets are subject to cancellation, forfeiture, or rollover to another event at the sole discretion of the Company.
Gratis and/or Bonus Tickets Are Not Eligible for Rollover to Another Event
Any ticket received as part of an Agreement, product purchase or as a promotional gift/bonus item, such as a “gift with purchase” is not subject to store credits and must be redeemed within twelve (12) months from their issuance at the time of purchase. These tickets are deemed forfeited if not used within the specified timeframe of twelve (12) and may not be rolled over to another event.
We reserve the right to terminate, cancel, amend, or substitute any tickets that were included as part of a bundle purchase. We also reserve the right to cancel or terminate any free tickets that were given as a bonus item.
The Company is not in any way liable for any personal injuries, loss of belongings, or other consequences incurred from your participation, either during or after the event. By purchasing an event ticket, you are entering the event at your own risk, and you agree to indemnify and hold harmless the Company for any damages, whether to your person or belongings.
If you are unable to attend an event, you may request a 100% credit to our online store, but this request MUST be made at least 15 days before the event. You may also “roll” the ticket over to use at a future live event. However, please be advised that this only applies to tickets that are purchased without restrictions. There is only one ticket change request allowed per ticket or per purchase. We reserve the right to deny any subsequent ticket change requests. Any ticket purchased as part of an Agreement or with a promotional gift item, such as a “gift with purchase” is not subject to store credit and is forfeited if not used on the date of the intended event. If your ticket was given as a promotional gratis item, it must be used for the specified event only.
All tickets expire or are forfeited if not used for the event for which it was purchased, unless your ticket allows for a one-time courtesy change and such change was requested more than 15 days prior to the event. If your ticket is eligible for a store credit, you may receive a store credit in its place. If your ticket is not eligible for a store credit in accordance with these terms and conditions, then the ticket shall be deemed forfeited if you do not attend the event for which it was purchased. Only tickets purchased without restrictions and not as part of a bundle or promotional giveaway are eligible to receive store credit.
All requests for credit must be submitted to [email protected] at least 15 calendar days prior to the Event. Please note that Processing Fees on ticket purchases are non-refundable and are not eligible for store credit. If your ticket includes the purchase of a hotel room, the hotel room is non-refundable and non-transferable to another event. Any request for credit or to transfer the ticket to another event made less than 15 days before the event will be denied in accordance with this policy.
In accordance with all federal and state laws, we reserve the right to refund tickets, deny access or refuse entry to any live event if we deem it in the best interest for the safety of the public, the speakers, employees and/or participants.
If your live event ticket was received as part of a bundle or was a gift with purchase of another product for which there is a payment plan, the payment plan must be paid in full at least 30 days prior to the event or the ticket is considered forfeited, and you will not receive any store credit for the value of the ticket.
Your ticket purchase may come with special privileges that allow you access in accordance with the level of ticket you purchased.
If you have received a coupon code for a free live event ticket, the seat remains the property of The Company until such time that you have tendered proof of hotel booking or purchase of air fare. Once we have accepted your documentation, you will be able to reserve and save your seat. If you do not save your seat at least 30 days before the event, your coupon will be forfeited.
If your even ticket came with a hotel room, please be advised that all hotel accommodations are subject to availability. Should the hotel in the offer not have availability at the time of booking, then the closest hotel of similarity will be chosen. As we do not control the hotel and its reservations, we are unable to guarantee a room at the exact hotel in the offer should their rooms fill up before booking occurs. The replacement hotel will be selected based on proximity to the event, availability, and similarity of amenities. If you choose to forfeit the replacement hotel, there is no credit for the cost of the hotel, and you will be solely responsible for the payment of your own selected hotel.
If any of our live events are postponed due to a temporary supervening event that arises without the fault of the Company, then any tickets purchased for that live event will automatically be rolled over for the next available date for that event. We reserve the right to convert any live event into a virtual event if the event is restricted by government regulations. Supervening events are defined as Acts of God; government requests brought about for political reasons or not; changes of law, illness outbreak or pandemic; strikes; industrial disputes; riots, rebellion, and war; local government closures due to weather; and any other reason for the safety and health of the community at large. If an event cannot be rescheduled within 180 days, the purchaser shall receive a store credit in the amount of the original purchase unless the ticket has been rolled over to another event by either the purchaser or the Company. If you have chosen to roll your ticket over to another event, the ticket is thereby redeemed and will be forfeited if not used.
Payment Plans for Live Events and Hotel Accommodations
Please be advised that your payment plan must be paid in full in order to save your seat. If you do not save your seat at least 30 days before the event, your seat will be forfeited or selected for you. If your live event purchase came with a hotel accommodation, you must be paid in full at least 30 days before the event or the hotel room is forfeited without a refund or credit to your account. Hotel accommodations are limited and available only while supplies last and we cannot guarantee a room will be available if you have not made all of your payments pursuant to the payment plan in a timely fashion. Hotel rooms are nonrefundable.
You Are Subject to Search
At any live event, we are obligated to follow all venue rules as far as search and items that permitted and not permitted into the venue. We must abide by all local, state and federal regulations where the event is located. You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, firearms, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.
Venues may not allow laptops, tablets, or any computers into the venue., it is because we are following the rules of the venue. Also, no backpacks or large bags are allowed. We reserve the right to refuse entry to any person who attempts to enter the venue with any prohibited or restricted items.
No Animals are Permitted unless it is a Registered SERVICE Dog; no Emotional Support Animals are Permitted Pursuant to the Law
No animals are permitted unless it is a registered Service Dog pursuant to the Americans with Disabilities Act (ADA). The ADA defines a service animal as a dog that is individually trained to perform tasks or do work for the benefit of a person with a disability. Emotional support, therapy, comfort, or companion animals are not considered service animals under the ADA, with the exception of psychiatric service animals. We will not ask for documentation, such as proof that the animal has been certified, trained, or licensed as a service animal, as a condition for entry.
Federal ADA law does not cover pets that are “emotional support animals”, which are animals that provide a sense of safety, companionship, and comfort to those with psychiatric or emotional disabilities or conditions. Although these animals often have therapeutic benefits, they are not individually trained to perform specific tasks for their handlers.
Under the ADA law, owners of public accommodations are not required to allow emotional support animals, only service animals (including psychiatric service dogs).
If a particular service animal behaves in a way that poses a direct threat to the health or safety of others, has a history of such behavior, or is not under the control of the handler, that animal may be excluded, and we will request that the animal be removed from the premises. If an animal is excluded for such reasons, our team members shall still offer their goods or services to you without the animal present.
Unlawful Resale or Transfer of Tickets; Promotions
Unlawful resale (or attempted resale) of any tickets is grounds for seizure and cancellation and the issuance of a store credit or forfeiture of the ticket. Also, Unlawful Transfer (or attempted transfer) of any tickets is grounds for seizure and cancellation and forfeiture. Certain maximum resale premiums and restrictions may apply in some states, and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws. In addition, we reserve the right to restrict or deny ticket purchasing privileges to anyone that we determine to be, or has been, in violation of our policies. Because we do not guarantee the authenticity of tickets purchased from any non-authorized third-party reseller (such as brokers or individuals), we recommend that you purchase tickets directly through us, authorized affiliates or licensees to ensure ticket authenticity. Tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by us.
If you have purchased a suite or sponsor table at any of our events, you must provide the names for all attendees and tickets may not be sold to any other purchased suite or sponsor table. Tickets, sponsorships, and suites are nontransferable.
Any bulk purchases of tickets (5 or more) are not permitted for re-sale. The names of the attendees for whom the tickets were purchased must be provided no later than 90 days prior to the event for which the tickets were purchased. Failure to so will result in the tickets being revoked and the purchaser will receive a store credit for one-time use.
Any counterfeit or altered tickets will be seized immediately without compensation and no entry will be permitted to the Live Event.
Ticket-Holder Behavior Policy; Ejection and Cancellation.
Our events are private events, and we reserve the right, in our sole discretion, to turn away any participant for any reason, without explanation. We must also adhere to the event venue’s rules and regulations, and any violation of those rules and regulations from an event participant or an event vendor will result in that person being escorted off the premises with no right to re-entry and no refund for the ticket. Notwithstanding anything herein to the contrary, no refund shall be provided to you in the event you violate the Terms and Conditions of Use or the Terms and Conditions of Sale of this Website, or in the event you fail to abide by all rules and policies related to the venue where the event is located, which violation or failure results in your inability to gain admittance to the venue or ejection from the venue.
In the event your ejection from a venue result in the loss of a Third-Party’s ticket, you shall be liable for all costs, expenses and losses associated with such Third-Party loss.
Waitlist for Live Event Tickets
From time to time, we may offer a “waitlist” for live event tickets. This requires you to purchase a ticket in order to be placed on a list for entry to the event, or to purchase an upgrade for your existing ticket. When a seat or an upgraded seat becomes available, your ticket will become valid for entry to the event or to the upgraded level. If no seat becomes available or no upgrade becomes available, then a full refund will be processed 5 days after the last day of the event. After a refund is processed, it may take up to 10 days to appear depending on your bank or credit card carrier.
Publicity Release; Information Sharing
You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to us, the Event Provider(s), our partners, licensees and assigns, including but not limited to our brand and media partners, to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
By attending any Live Event, you hereby irrevocably grant to Cody Askins, affiliates, designees, successors, assigns and licensees, the right to film and otherwise record you and use your name, image and likeness in any and all media for any purpose, including, without limitation, advertising and promotional purposes as well as in, on or in connection with future Askins Enterprise events and/or other events produced by Cody Askins or any of Cody Askins’s affiliates and hereby release Cody Askins and each of the respective designees, successors, assigns, licensees and affiliates from any liability with respect thereto. Additionally, there will be still photographs and video segments taken throughout the event by Cody Askins™, and any other third-party participant, such as speakers and sponsors. Therefore, the purchase of any live event ticket is made with the understanding that it also contains a WAIVER AND RELEASE, and that you agree to the following:
I irrevocably grant permission to Cody Askins™, and all affiliated companies, to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. My actual testimony will not be edited. I acknowledge that there will be no compensation for my testimonial. I understand and agree that all photos and videos will become the property of Cody Askins™, and all affiliated companies and will not be returned.
I hereby hold harmless, release, and forever discharge Cody Askins™, and all affiliated companies from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. If my testimony is cut or not used, I agree that this was at the artistic discretion of Cody Askins™, and all affiliated companies and or its affiliates and that I will not take legal action. I also agree that any claims will be Arbitrated through the American Arbitration Association and that jurisdiction for any all claims is Springfield, Missouri.
I hereby RELEASE, WAIVE and FOREVER DISCHARGE any and all claims arising out of, or in connection with, such use by Cody Askins™, and all affiliated companies, including without limitation any and all claims for libel or invasion or privacy. I have read the above Release and am fully familiar with the contents thereof. This Release contains the entire agreement between the parties hereto and supersedes any other Agreement that may exist.
Please contact our Customer Support Department at (833) 402-4368 during the hours of 9 AM – 5 PM CST, Monday through Friday or via email [email protected] regarding all ticket questions.
If a product or service is purchased utilizing a monthly payment plan the customer is responsible for 100% of agreed-upon payments equaling the original purchase price of the product. If any payments are not received, the entire purchase is void and the payments made up to that point are forfeited to and will not be refunded. Access to any digital product or platform will be removed. Any payment plans that include live events must be paid in full 60 days prior to the event date or your ticket will be forfeited, and you will receive a store credit in the amount paid up to 60 days of the date of the event.
We reserve the right to discontinue or replace any bundled items with suitable replacements, including event tickets. We also reserve the right to cancel and terminate any ticket if the Purchaser or holder of that ticket violates the Company’s terms and Conditions, Terms of Purchase or Terms of the Agreement with which the ticket was granted. Purchased tickets do not guarantee a reserved seat. Once you have purchased a ticket, please check for notification regarding when and how to reserve your seat. Notifications will ONLY be sent to the email you provided when you purchased the ticket.
From time-to-time, Cody Askins™ and the Askins Companies may host, co-host or co-venture with an affiliate, business associate or sponsor at an event or for a special promotion. As such, some of the items or deals may not be purchased from Cody Askins™ or any of the Askins Companies. If you purchased an item from an affiliate, business associate or sponsor you are subject to the terms of their purchase, and we are not able to provide any exchanges or refunds. Please contact the affiliate, business associate or sponsor on your receipt from your purchase for their policy and instructions.
Any item purchased from an affiliate that is to be fulfilled by an affiliate will require the purchaser to communicate with the affiliate regarding any customer service or technical issues. We cannot guarantee or provide a refund or credit on items we do not fulfill.
Certain Reserved Rights
The Company reserves the right, in its sole discretion and without notice, to change, delete, improve or correct any information, content, materials and descriptions provided on the Site and to suspend and/or deny access to the Services at any time. If services are terminated, there is no pro-rated refund. The Company may discontinue or change any product or service described in or offered on or through the Services at any time. The Company further reserves the right, in its sole discretion, to block or otherwise discontinue your access and use of the Services at any time and for any or no reason and without any liability, and the Membership Fee is non-refundable. You agree that the Company will not be liable to you or to any third party for any such modification, suspension or discontinuance. Upon termination of these Terms of Service or your access to the Services for any reason or no reason, you will continue to be bound by these Terms of Service which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability. The information and materials on the Site or through the Services may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and the Company does not undertake any obligation or responsibility to update or amend any such information. You agree that the Company and its affiliates will not be liable to you or to any third party for any such modification, suspension, or discontinuance. .Any gratis offers, gifts with purchase, or bonus items offered by the Company are not guaranteed and are subject to termination, substitution or elimination. Gratis items do not have any monetary value and are not subject to substitution or store credit.
You agree that you are responsible for your own conduct while using the Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms and any applicable law, rules or regulations (including without limitation the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, the Investment Advisers Act of 1940, any applicable state “Blue Sky” laws, any other applicable United States federal or state securities laws, regulations and rules, any securities exchange or self-regulatory organization’s rules or regulations, and any applicable foreign laws, each as amended from time to time). Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. By way of example, and not as a limitation, you agree that you may not: use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services;
- attempt to gain unauthorized access to the Site, the Services, any other affiliated website or service, or the computer systems or networks connected to the Services through hacking, password mining or any other means;
- create user accounts by automated means or under false or fraudulent pretenses;
- transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- upload, post, email or transmit, or otherwise make available through the Services any inappropriate, defamatory, infringing, obscene, or unlawful content;
- upload, post, email or transmit, or otherwise make available through the Services any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
- upload, post, email or transmit, or otherwise make available through the Services any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, the Terms;
- download any file posted by another User that you know, or reasonably should know, cannot be legally distributed in such manner;
- impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Services;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services or collect information about its Users for any unauthorized purpose;
- submit content that falsely expresses or implies that such content is sponsored or endorsed by the Company, its affiliates, officers, directors, employees, representatives or agents, including Cody Askins, or any third parties;
- promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
- share with or disclose to anyone any information obtained through the Services about any investment offerings;
- or contacting any party or User other than as allowed through the Services.
The Site may not be used by any person or entity in any jurisdiction where the use thereof would be contrary to applicable laws, rules or regulations of any governmental authority, regulatory or self-regulatory organization or clearing organization.
The Company may terminate these Terms and your right to use the Services at any time and for any reason without notice. Upon termination or expiration of these Terms, the Company may remove and discard any Company Materials or User Content, and such materials and content may no longer be accessible by you. The Company will have no obligation to maintain any such information in its databases or to forward any such information to you or any third party. You agree that the Company will not be liable to you or any third party for any such termination except as described in these Terms. Upon termination or expiration of these Terms, any provision, which, by its nature or express terms should survive, will survive such termination or expiration.
The Site may contain links to third party websites (“Linked Sites”). These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by the Company of any information, materials, products, or services contained in or accessible through any Linked Site. In no event shall the Company be responsible for the information contained on any Linked Site or your use of or inability to use any Linked Site. When you access Linked Sites, you do so at your own risk, and subject to the Linked Site’s terms and policies.
To the fullest extent permissible by law, you agree to defend, indemnify, and hold the Company and its directors, officers, employees, affiliates, representatives and agents harmless from any claim, demand, loss, damage, liability, or expense, including attorney fees and costs, however incurred, including those incurred at trial, in any bankruptcy proceeding, on appeal, and on any petition for review (collective, “Damages”) to the extent that Damages result directly or indirectly from your use of the Services or the Site. The Company reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with the Company in the defense of any such claim, action, settlement or compromise negotiations, as requested by the Company.
Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AFFILIATES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR THE SITE, EVEN IF THE CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THE CLUB HAS OFFERED ITS SERVICES AND ENTERED INTO THE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE CLUB, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE CLUB. THE CLUB WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. Please note that some jurisdictions may not allow the exclusion of implied warranties or limitation of incidental or consequential damages, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. The Company assumes no responsibility for, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. We do not, and cannot, guarantee that any User is an “accredited investor,” as defined by Rule 501 of Regulation D under the Securities Act of 1933, as amended.
Except as explicitly stated otherwise, legal notices to the Company should be emailed to [email protected]. Legal notices to you will be provided either to the email or mail address you provide to the Company during the account registration process or posted on the Site. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Notice will be deemed given three days after the date of mailing or posting on the Site, as applicable. You agree that all notices and other communications that the Company provides to you electronically (by email or by posting on the Site) satisfies any legal requirement that such notice or communication be in writing.
Any dispute, question or difference arising between you and the Company, its officers, directors, employees or any affiliate in connection with the Services or otherwise in regard to the relationship of the parties by virtue of these Terms, including the construction and scope of these Terms, that cannot be amicably resolved, shall be finally settled in accordance with Commercial Arbitration rules and regulations of the American Arbitration Association (“Association”) then in effect by one or more arbitrators mutually selected by the parties from the commercial panel of the Association. The arbitrator(s) to be appointed shall be English speaking persons. The arbitrator(s) shall have the power to extend time for pronouncing the award with the consent of the parties. Judgment upon an arbitration may be entered in any court having competent jurisdiction thereof, and shall be binding, final and non-appealable. The arbitrator(s) shall have the power to award any and all remedies and relief whatsoever that is deemed appropriate under the circumstances, including, but not limited to, money damages and injunctive relief. This arbitration provision shall be deemed to be self-executing and shall remain in full force and effect after the expiration or termination of these Terms. In the event any party fails to appear at any arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear. You hereby consent to arbitration to be held within the City of Springfield, State of Missouri, and irrevocably agree that all actions or proceedings relating to these Terms shall take place in the City of Springfield and waive any objections that you may have based on improper venue or forum non conveniens. The arbitrator(s)’ fees in connection with any such arbitration proceeding shall be shared equally between the arbitrating parties.
Choice of Law
The Terms and your use of the Services shall be governed by and construed and enforced in accordance with the laws of the state of Missouri, without regard to conflicts of laws provisions. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THESE TERMS OF SERVICE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Neither party will be responsible for failure to perform any obligation under these Terms due to causes beyond the reasonable control of such party, including but not limited to strikes, lockouts, riots, epidemics, war, government regulation, fire, flood, natural disasters, Acts of God, or inadequacies of equipment, or other cause beyond the reasonable control of such party.
If any provision of the Terms is found unenforceable, that provision will be deemed to be modified to the extent necessary to make it enforceable, while preserving its intent. If any provision of the Terms is nonetheless held unenforceable in any jurisdiction, the provision will be enforced to the maximum extent permissible in that jurisdiction, and the enforceability of the Terms in any other jurisdiction and of the remaining provisions in that jurisdiction will not be affected. You further agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision.
Electronic Signatures in Global and National Commerce Act/Uniform Electronic Transactions Act.
The Federal Electronic Signatures in Global and National Commerce Act (“ESIGN”) and similar state laws, particularly the Uniform Electronic Transactions Act (“UETA”), authorize the creation of legally binding and enforceable agreements utilizing electronic records and signatures. ESIGN and UETA require businesses that want to use electronic records or signatures in consumer transactions to obtain the consumer’s consent to receive information electronically. When a User registers on the Site, we obtain his or her consent to transact business electronically and maintain electronic records in compliance with ESIGN and UETA requirements. Your use of electronic signatures to sign documents legally binds you in the same manner as if you had manually signed such documents. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to you in writing. If you sign electronically, you represent that you have the ability to access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means. You are obligated to review the Site periodically for changes and modifications and agree not to contest the admissibility or enforceability the Site’s electronically stored copy of this Agreement in any proceeding arising out of this Agreement. Although you consent to electronic delivery, you may elect to deliver communications by other means and such delivery shall not affect your consent. You may revoke consent to electronic delivery of communications and receive a paper version at your election. The Company shall have a reasonable period to effect such a change. If you elect to use electronic delivery, you agree and represent that you have a suitable computer with Internet access, an email address and the availability to download, save and/or print communications to retain a record of such communications. You agree that you are solely responsible for maintaining such equipment and services required for online access.
Waiver and Integration
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms. These Terms of Service and other referenced materials are the entire agreement between you and the Company with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Services and govern the future relationship.
Changes to the Terms
Your use of the Site and the Services is governed by the then-current version of the Terms in effect on the date of such use. The Company may, at its sole discretion, modify the Terms and/or other policies and procedures governing the Service at any time without notice or liability by posting the modified Terms, policies, or procedures to the Site. The date of any effective changes shall be reflected at the bottom of this page, and, upon request, we will provide you with information regarding any changes made. Your continued use of the Services after modified Terms have been posted or otherwise provided to you constitutes your agreement to be bound by the then-current Terms.
Be sure to return to this Policy periodically to review the most current version of the Policy. We reserve the right at any time, at our sole discretion, to change or otherwise modify this Policy without prior notice; however, the date of any effective changes shall be reflected at the bottom of this page and upon request we will provide you with information regarding any changes made. This policy was last updated on August 9, 2023.