1. General. The Site provides an interactive online service operated by LeverageTraining101.com on the World Wide Web of the Internet (the "Web"), consisting of information.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the Subscriber. By using this Site (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof.
The right to use this Site is personal to Subscriber and is not transferable to any other person or entity. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s). Subscriber acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of LeverageTraining101.com, and LeverageTraining101.com shall not be responsible for any data lost while transmitting information on the Internet. While it is LeverageTraining101.com's objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of LeverageTraining101.com, access to the Site may be interrupted, suspended or terminated from time to time.
LeverageTraining101.com shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, LeverageTraining101.com may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
You represent that You are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site. However, if You are at least 13 years old but not yet 18, You may use the Site in conjunction with Your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.
2. Annual Training Subscription
You understand that when You become a Customer You are agreeing to pay an ANNUAL fee associated with Your subscription. You are purchasing access to all the videos and other course content included on LeverageTraining101.com.
3. Affiliate Program As a Customer you have the option to pay a $20 annual admin fee to receive a replicated website with built-in autoresponder system, capture pages, lead management system, and genealogy tracking. Once you have your own Affiliate site, you may refer prospects to your site and if they purchase an annual subscription to our online marketing training program you will earn a $25 commission.
3 A. Compensation Plan
It costs $75 per year to become a Customer of which $50 is paid as commission to a maximum of two Affiliates for each subscription sold, and $25 is paid to LeverageTraining101.com as an administrative fee to cover the expense of web hosting, maintaining and updating this service.
Subscribers who reside outside the United States of America may participate in the affiliate program of LeverageTraining101.com provided said participation does not violate any local laws. NetSpend and some other third party affiliate programs promoted within LeverageTraining101.com
are only available to residents of the United States. All content on the LeverageTraining101.com website is provided in English, only.
LeverageTraining101.com offers an "Infinity Coded" compensation plan as follows:
You'll receive $25 for every customer you personally refer.
You'll receive $25 for every customer referred by your EVEN numbered subscribers.
You'll receive $25 for every customer referred by their ODD numbered subscribers.
You'll receive $25 for every customer referred by their ODD numbered subscribers.
There is no limit to the number of generations of coded subscribers You can receive commissions from and there is no limit to the number of customers You may personally enroll.
3.B. Subscribers will pay You your commission directly. Because payment is not coming from LeverageTraining101.com, and is instead coming directly from Your subscribers, no 1099's will be provided by LeverageTraining101.com and You are responsible for tracking and reporting all earnings.
3.C. Affiliates have the opportunity to earn additional income by promoting products and services related to third parties subject to their terms and conditions to Customers and Affiliates who are coded to them. Affiliates may purchase the PLUS upgrade for $49 one time per year in order to add up to four (4) additional programs of their selection that are promoted to their coded Customers and Affiliates in the Income Streams section of their back office.
4. Income Disclaimer. We make no claims regarding the amount of money You will make by referring other Subscribers to our program. Your ability to earn depends on a number of factors, including where and how (and how often) You advertise this program, and the motivation and ability of Your Subscribers to make sales. Individual results will vary.
5. Contact Information. You must, at all times, provide accurate contact information within your profile, and must update your profile if any information changes.
You understand and agree that Your first and last name and phone number will be publicly displayed on your replicated website. When someone becomes a subscriber, your first and last name, street address, city, state, postal code and phone number will be displayed so they may send you your commission.
6. Equipment. Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. LeverageTraining101.com shall not be liable for any damages to the Subscriber's equipment resulting from the use of this Site or any third party sites externally hyperlinked to LeverageTraining101.com.
You agree not to make any claims regarding income.
We may terminate without notice, at our sole discretion, any Subscriber deemed to be in breach of this agreement or otherwise found to be abusing or misusing the service, or harassing other members or administrator(s) in any way.
The following actions may result in immediate termination of Your subscription without recourse and should NOT be done:
(a) Sending unsolicited email messages (spam).
(b) Posting messages that contain Your affiliate link in Newsgroups that are unrelated to that product or service. (sig file
(c) Forging Your "From" Address in an email message, or newsgroup posting.
Subscribers caught spamming or otherwise causing harm to our program will have their accounts terminated, and may be prosecuted for their actions.
Subscribers are required to provide leadership and assistance to their coded subscribers. A "coded subscriber" is any subscriber paying You $5 per year from every sale they make. A "non-coded subscriber" is any subscriber You have personally enrolled who you are not receiving commissions from their sales. In the event You do not renew your annual subscription to LeverageTraining101.com, your account will be terminated and all commissions you would have received from annual renewals or new subscription sales will be forfeit.
Subscriber agrees to to act in a professional and ethical manner, and to treat other subscribers with courtesy and respect. In the event LeverageTraining101.com determines a subscriber is causing harm to his/her organization or the LeverageTraining101.com business by virtue of unprofessional, unethical or disrespectful conduct, LeverageTraining101.com has the right to terminate said subscriber without any refund for subscription fees already paid.
Subscriber agrees to mark new subscribers as paid within 24 hours of them creating their subscriptions. Subscribers who do not mark others as paid in a timely manner cause harm to their organization, and are subject to termination with or without notice.
8. Copyright and Trademarks.
LeverageTraining101.com is a trademark of Joseph A. Zyskowski, D/B/A LeverageTraining101.com. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on LeverageTraining101 are the property of their respective owners. You are forbidden from creating any email addresses or websites with the words LeverageTraining101 and agree to surrender any email addresses or domains to LeverageTraining101.com that You created in violation of this term, at Your sole expense and without reimbursement.
This Site and any sites hyperlinked from the Site, contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. LeverageTraining101.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Subscriber may download, print, and/or save copyrighted material for Subscriber's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of LeverageTraining101.com or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or sites hyperlinked from LeverageTraining101.com shall not be deemed to be in the public domain but rather the exclusive property of LeverageTraining101.com, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of LeverageTraining101.com unless otherwise stated.
Subscriber shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. LeverageTraining101.com does not have any express burden or responsibility to provide Subscriber with indications, markings or anything else that may aid Subscriber in determining whether the material in question is copyrighted or trademarked. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, Subscriber warrants that the owner of such material has expressly granted LeverageTraining101.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants LeverageTraining101.com the right to edit, copy, publish and distribute any material made available on this Site by Subscriber.
9. Copyright Policy. LeverageTraining101.com reserves the right to terminate its agreement with any Subscriber who repeatedly infringes third-party copyright rights upon prompt notification to LeverageTraining101.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if You believe that a copyrighted work has been copied and posted via the Site in a way that constitutes copyright infringement, You shall provide LeverageTraining101.com with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site of the copyrighted work that You claim has been infringed; (c) a written statement by You that You have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) Your name and contact information, such as telephone number or e-mail address; and (e) a statement by You that the above information in Your notice is accurate and, under penalty of perjury, that You are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for LeverageTraining101.com's Copyright Agent for notice of claims of copyright infringement is as follows:
Attn: Copyright Agent
P.O. Box 531664
Henderson, NV 89053
10. Disclaimer of Warranty. Subscriber EXPRESSLY AGREES THAT USE OF THIS SITE AND THE SITES HYPERLINKED FROM THIS SITE IS AT Subscriber'S SOLE RISK. NEITHER LeverageTraining101.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY SITE HYPERLINKED FROM THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY HYPERLINKED SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCT PROVIDED THROUGH THIS SITE OR THE HYPERLINKED SITES.
THIS SITE AND THE HYPERLINKED SITES ARE MADE ACCESSIBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. LeverageTraining101.com HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
11. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL LeverageTraining101.com, OR ANYONE INVOLVED IN CREATING, PRODUCING, MARKETING OR DISTRIBUTING THIS SERVICE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR THE USE OF, OR INABILITY TO USE, THIS SERVICE AND ANY FILES CONTAINED WITHIN IT, INCLUDING, BUT NOT LIMITED TO, RELIANCE ON ANY INFORMATION OBTAINED THROUGH THIS SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT WILL LeverageTraining101.com'S LIABILITY IN CONNECTION WITH LeverageTraining101.com EXCEED THE AMOUNTS PAID BY SUBSCRIBER TO ACCESS THE SITE, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY SUBSCRIBER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
12. Monitoring. LeverageTraining101.com shall have the right, but not the obligation, to monitor the content of the Site and any Hyperlinked Sites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by LeverageTraining101.com, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, LeverageTraining101.com shall have the right, but not the obligation, to remove any material that LeverageTraining101.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
13. Termination of Operations. In the unlikely event that LeverageTraining101.com should ever terminate it's operations, it's creator(s), owner(s), partners, operators, employees, assigns, successors and affiliates shall not be held liable for any loss whatsoever to our Subscribers or affiliates. Access to material contained within the Resources section of our Subscribers area, and made available to all new members upon joining, shall be deemed full and just consideration for their payment.
14. Refund Policy. Due to the intangible nature of the products and services there are NO REFUNDS and ALL sales are FINAL.
15. Indemnification/Release. Subscriber agrees to defend, indemnify and hold harmless LeverageTraining101.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by Subscriber in connection with the Site or any Hyperlinked Sites.
Subscriber warrants they are legally able to enter this agreement and have not previously entered an exclusive agreement with any other network marketing, affiliate marketing or multi-level marketing company. Subscriber agrees to defend, indemnify and hold harmless LeverageTraining101.com, its affiliates and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of or related to any breach of contract by Subscriber in connection with any exclusive agreements previously entered into by Subscriber..
Subscriber is solely responsible for interactions with Merchants and other users of the Site or Hyperlinked Sites. To the extent permitted under applicable laws, Subscriber hereby releases LeverageTraining101.com from any and all claims or liability related to any product or service of a Merchant or user, any action or in-action by Merchant or user, including Merchant's or user's failure to deliver product purchased by Subscriber or Merchant's or user's failure to comply with applicable law and/or any conduct or speech, whether online or offline.
In connection with the foregoing release, Subscriber hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
16. No Investment Advice Provided. LeverageTraining101.com is not a registered investment advisor or a broker / dealer. All opinions expressed by LeverageTraining101.com are not a solicitation to buy, sell, or hold securities. This website may contain "forward looking statements" within the meaning of Section 27A of the Securities Act of1933 and Section 21B of the Securities Exchange Act of1934. Any statements that express or involve discussions with respect to predictions, expectations, beliefs, plans, projections, objectives, goals, assumptions or future events or performance are not statements of historical fact and may be "forward looking statements." Forward looking statements are based on expectations, estimates and projections at the time the statements are made that involve a number of risks and uncertainties which could cause actual results or events to differ materially from those presently anticipated. Forward looking statements in this action may be identified through the use of words such as "expects", "will," "anticipates," "estimates," "believes," or statements indicating certain act ions "may," "could," or "might" occur.
17. Relationship. You understand Your role as an affiliate marketer does not constitute a partnership, or employer / employee relationship, and affiliates are considered independent contractors, and as such, You are responsible for Your own bookkeeping, taxes, and reporting, where applicable.
18. Payments. You understand that all payments will be made to You from other subscribers, not LeverageTraining101.com, and that any problems You have concerning such matters should be taken up directly with them.
19. Cancellation. Because all payments made are non-refundable, and because there is no automatic billing cycle, if you wish to cancel, simply stop using the website and do not renew on your annual renewal date. Alternatively, you may click the Cancel button located within your back office to cancel your subscription and delete your account from our system, which will also remove your email address from our database and cancel all future Affiliate communications.
20. Incomplete Purchases: You understand and agree that You will pay $5 or $6 each to the parties indicated when you created your subscription. You will pay $5 if paying through the mail, with Dwolla or with a cardholder to cardholder transfer. You will pay $6 if paying through Payza (AlertPay) or SolidTrust Pay. You will have immediate access to your back office. Once all parties have confirmed receipt of your payment, you will have access to your training button and training materials. If after 10 days one of the parties has not received your payment, they have the ability to mark you as "Unpaid" through their back office.
21. Communications. You agree to accept all forms of communications from LeverageTraining101.com including, but not limited to: email, phone, voice broadcast, and text messages.
22. Third-Party Content. LeverageTraining101.com, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, LeverageTraining101.com has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other Subscribers are those of the respective author(s) or distributor(s) and not of LeverageTraining101.com.
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with LeverageTraining101.com. LeverageTraining101.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on LeverageTraining101.com by anyone other than LeverageTraining101.com. Under no circumstances will LeverageTraining101.com be liable for any loss or damage caused by an Subscriber's reliance on information obtained through LeverageTraining101.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through LeverageTraining101.com.
LeverageTraining101.com contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to You and not as an endorsement by LeverageTraining101.com of the contents on such third-party sites, and GLeverageTraining101.com hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If Subscriber decides to access linked third-party websites, Subscriber does so at its own risk.
23. Dispute Resolution
24. Applicable Law / Severability Clause