Important: I agree to pay the amount
agreed and not to cancel this transaction with my bank or Credit Card
Company. I will contact Brian Tracy International, Inc./Business Growth Strategies support to resolve any
problem with my order. I understand that Business Growth Strategies may
initiate a collection and submit a negative report to Consumer Credit
Reporting agencies. Credit Card Fraud is a criminal offense in any country.
I UNDERSTAND THAT THE PROGRAM IS NOT JUST A SOFTWARE PACKAGE AND THAT NOT
LOGGING INTO THE SOFTWARE DOES NOT VOID ANY PART OF THE AGREEMENTS.
Universal Terms for Brian Tracy International, Inc./Business Growth Strategies Software,
Products and Services (herein referred to as “Products”) below...
This Agreement ("Agreement") is by and between
Brian Tracy International, Inc. And/or its subsidiaries and
agents ("Business Growth Strategies") and You, Your heirs,
agents, successors and assigns ("You"), and is made effective as of the date
of electronic execution. This Agreement sets forth the terms and conditions
of your use of Brian Tracy International, Inc./Business Growth Strategies software (“Software”), Products
(“Products”) and services (“Services”) and explains
Brian Tracy International/Business Growth
Strategies’ obligations to you and your obligations to Business Growth
Strategies ("BGS") in relation to the Software, Products and Services You purchase.
This Agreement as well as any additional Business Growth
Strategies policies, together with all modifications thereto, constitute the
complete and exclusive agreement between you and Business Growth Strategies
concerning your use and purchase of Business Growth Strategies’ Products,
and supersede and govern all prior proposals, agreements, and/or other
communications. All Business Growth Strategies policies and agreements
specific to particular Products are incorporated herein and made part of
this Agreement by reference. By purchasing Business Growth Strategies’
Products, You acknowledge that You have read, understood, and agree to be
bound by all terms and conditions of this Agreement and any other policies
or agreements made part of this Agreement by reference, as well as any new,
different or additional terms, conditions or policies which Business Growth
Strategies may establish from time to time, and any agreements that Business
Growth Strategies is currently bound by or will be bound by in the future.
You may view the latest version of this Agreement online.
In addition to transactions entered into by you on your
behalf, you also agree to be bound by the terms of this Agreement for
transactions entered into on your behalf by anyone acting as Your Agent, and
transactions entered into by anyone who uses the account you’ve established
with Business Growth Strategies, whether or not the transactions were in
The General Terms in Section apply to all customers of
Brian Tracy International, Inc.'s Business Growth Strategies.
GENERAL TERMS APPLICABLE TO ALL SOFTWARE PRODUCTS
1. TERM OF AGREEMENT; MODIFICATIONS.
You agree that Business Growth Strategies may modify this
Agreement and the Services from time to time. You agree to be bound by any
changes Business Growth Strategies may reasonably make to this Agreement
when such changes are made. If you have purchased Products from Business
Growth Strategies, the term of this Agreement shall continue in full force
and effect as long as you take advantage of and use the Software and/or
Products and Services. In the event you terminate your usage, Business
Growth Strategies will not refund any amounts you have paid. You agree that
Business Growth Strategies shall not be bound by any representations made by
third parties who you may use to purchase Services from, and that any
statement of a general nature, which may be posted on Business Growth
Strategies’ Web site or contained in Business Growth Strategies’ promotional
materials, will not bind Business Growth Strategies in any way. Business
Growth Strategies may, at times, offer certain promotions with different
charges and features.
You agree that you will be responsible for notifying Brian Tracy
International, Inc./Business Growth
Strategies IN WRITING TO THE SUPPORT STAFF should you desire to terminate
your use of Business Growth Strategies services. Messages left in
voice mail boxes or verbal conversations do not qualify as notifications to
Business Growth Strategies. Notification of Your intent to
terminate must be provided in writing to Brian Tracy International,Inc./Business Growth Strategies no
earlier than 10 days prior to your billing date but no later than three days
prior to your billing date. Any failure to participant to
participate in any portion of the program and/or activities does not entitle
participant to an extension of the program nor does it entitle the
participant to any refunds of any program fees paid. Program contents and
materials are subject to change without notice. Business Growth Strategies
at is sole discretions may change, add, and/or the materials, topics, media,
speakers, or experts described and/or change, substitute, add to or schedule
differently and teleconference calls or training described. A change to any
of the above does not entitle the participant to a refund of any sort. I
UNDERSTAND THAT THE PROGRAM IS NOT JUST A SOFTWARE PACKAGE AND THAT
PARTICIPANT NOT LOGGING INTO THE SOFTWARE OR WEBSITE DOES NOT VOID ANY PART
OF THE AGREEMENTS NOR AUTOMATICALLY QUALIFY FOR ANY REFUNDS.
2. ACCURATE INFORMATION.
You agree to maintain accurate information by providing
updates to Business Growth Strategies, as needed, while you are using
Business Growth Strategies’ Services. You agree you will notify Business
Growth Strategies within five (5) business days when any change of the
information you provided as part of the application and/or registration
process changes. Failure by You, for whatever reason, to respond within five
(5) business days to any inquiries made by Business Growth Strategies to
determine the validity of information provided by you will constitute a
material breach of this Agreement. You agree that Business Growth Strategies
may use and rely on any such information provided by you for all purposes in
connection with Your Services, subject to Business Growth Strategies’
current, false, misleading or incomplete, or if Business Growth Strategies
has reasonable grounds to suspect that your information is inaccurate, not
current, false, misleading or incomplete, Business Growth Strategies has the
absolute right, in its sole discretion, to terminate its Services and close
www.bizgrowthstrategies.com/privacy, as it is applicable to all Company
Strategies responsibilities with regard to your personal information.
Business Growth Strategies will not use your information in any way
inconsistent with the purposes and limitations provided in the Privacy
4. ACCOUNT SECURITY.
You agree you are entirely responsible for maintaining the
confidentiality of your customer number/login, password, credit card number,
and security key (collectively, the "Account Access Information"). You agree
you are entirely responsible for any and all activities that occur under
your account. You agree to notify Business Growth Strategies immediately of
any unauthorized use of your account or any other breach of security. You
agree Business Growth Strategies will not be liable for any loss that you
may incur as a result of someone else using your Account Access Information,
either with or without your knowledge. You further agree you could be held
liable for losses incurred by Business Growth Strategies or another party
due to someone else using Your Account Access Information. For security
purposes, you should keep Account Access Information in a secure location
and take precautions to prevent others from gaining access to Your Account
Access Information. You agree that you will be responsible for all activity
in your account, whether initiated by you, or by others on your behalf, or
by any other means. Business Growth Strategies specifically disclaims
liability for any activity in your account, whether authorized by you or
5. NO UNLAWFUL CONDUCT OR IMPROPER USE.
As a condition of your use of Business Growth Strategies’
products, You agree not to use them for any purpose that is unlawful or
prohibited by these terms and conditions, and you agree to comply with any
applicable local, state, federal and international laws, government rules or
requirements. You agree You will not be entitled to a refund of any fees
paid to Business Growth Strategies if, for any reason, Business Growth
Strategies takes corrective action with respect to Your improper or illegal
use of its Services.
Business Growth Strategies reserves the right at all times
to disclose any information as Business Growth Strategies deems necessary to
satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in Business Growth Strategies sole
If you have purchased Products, Business Growth Strategies
has no obligation to monitor your use of the Services. Business Growth
Strategies reserves the right to review your use of the Services and to
cancel the Services in its sole discretion. Business Growth Strategies
reserves the right to terminate your access to the Services at any time,
without notice, for any reason whatsoever. Business Growth Strategies
reserves the right to terminate Services if Your usage of the Services
results in, or is the subject of, legal action or threatened legal action,
against Business Growth Strategies or any of its affiliates or partners,
without consideration for whether such legal action or threatened legal
action is eventually determined to be with or without merit.
Except as set forth below, Business Growth Strategies may
also cancel your use of the Services, after thirty (30) days, if you are
using the Services, as determined by Business Growth Strategies in its sole
discretion, in association with spam or morally objectionable activities.
Morally objectionable activities will include, but not be limited to:
activities designed to defame, embarrass, harm, abuse, threaten, slander or
harass third parties; activities prohibited by the laws of the United States
and/or foreign territories in which You conduct business; activities
designed to encourage unlawful behavior by others, such as hate crimes,
terrorism and child pornography; activities that are tortuous, vulgar,
obscene, invasive of the privacy of a third party, racially, ethnically, or
otherwise objectionable; activities designed to impersonate the identity of
a third party; illegal access to other computers or networks (i.e.,
hacking); distribution of Internet viruses or similar destructive
activities; and activities designed to harm or use unethically minors in any
way. Notwithstanding anything to the contrary herein, in the event Business
Growth Strategies cancels Your Services during the first thirty (30) days
after you purchase the Services, You will receive a refund of any fees paid
to Business Growth Strategies in connection with the Services being
canceled. In the event Business Growth Strategies deletes Your Services
because they are being used in association with spam or morally
objectionable activities, no refund will be issued. You agree You will not
be entitled to a refund of any fees paid to Business Growth Strategies if,
for any reason, Business Growth Strategies takes corrective action with
respect to Your improper or illegal use of its Services.
6. NO SPAM; LIQUIDATED DAMAGES.
You agree Business Growth Strategies may immediately
terminate any account which it believes, in its sole discretion, is
transmitting or is otherwise connected with any spam or other unsolicited
bulk email. In addition, if actual damages cannot be reasonably calculated
then You agree to pay Business Growth Strategies liquidated damages of $1 US
for each piece of spam or unsolicited bulk email transmitted from or
otherwise connected with Your account, otherwise You agree to pay Business
Growth Strategies 's actual damages.
7. INTELLECTUAL PROPERTY.
You agree that Business Growth Strategies or its licensor
holds all rights, title and interest in all Products and all intellectual
property, including other rights related to intangible property, unless
otherwise indicated. You acknowledge that no title or interest in such
Intellectual Property Rights is being transferred to you and you agree to
make no claim of interest in any such Product. You understand and agree that
all content and materials contained in this Agreement, other policies, the
Business Growth Strategies Web site, and any affiliated Web sites,
materials, are protected by the various copyright, patent, trademark,
service mark and trade secret laws of the United States, as well as, any
other applicable proprietary rights and laws, and that Business Growth
Strategies or its licensor expressly reserves its rights in and to all such
content and materials. You further understand and agree that you are
prohibited from using, in any manner whatsoever, any of the content or
materials described above without the express written permission of Business
Growth Strategies or its licensor. No license or right under any copyright,
patent, trademark, service mark or other proprietary right or license is
granted to you or conferred upon you by this Agreement or otherwise.
This Site contains or may use proprietary software. You
shall have no rights to this proprietary software and related documentation,
or any enhancements or modifications thereto, provided to you in order to
access the Site ("Site Software"). Unless otherwise specified in a purchase
agreement for any Business Growth Strategies Software products, you may not
copy, distribute, sell, decompile, disassemble, modify, reverse engineer,
create derivative works from or otherwise reduce the Business Growth
Strategies Software or the Site Software.
8. USE OF Business Growth Strategies SOFTWARE.
If you have licensed software and services from Business
Growth Strategies, i.e.,BGS, Business Growth Strategies grants You a
limited, non-exclusive, nontransferable and non-assignable, non-sharing
license to use the software and materials for such purposes as are ordinary
and customary. You are free to use the software on any computer, but not on
two or more computers at one time. You agree to not alter or modify the
Software. You agree you are not authorized to combine the Software with any
other software program, create derivative works based upon the Software, nor
are you authorized to integrate any plug-in or enhancement which uses or
relies upon the Software. You further agree not to reverse engineer,
decompile or otherwise attempt to uncover the source code. Business Growth
Strategies reserves all rights to the Software and materials. The Software,
materials and any copies you are authorized to make are the intellectual
property of Business Growth Strategies. The source code and its organization
are the exclusive property of Business Growth Strategies and the Software is
protected by copyright, including United States Copyright Law. Except as
expressly provided for in this section, this Agreement does not grant you
any rights in the Software and all rights are reserved by Business Growth
Strategies. Business Growth Strategies provides this Software, services, and
materials “as is” without warranty of any kind either express or implied,
including but not limited to the implied warranties or conditions of
merchantability or fitness for a particular purpose.
9. FEES AND PAYMENT.
As consideration for the Products purchased by you and
provided to you by Business Growth Strategies, You agree to pay Business
Growth Strategies at the time you order. All fees are due immediately and
are non-refundable unless otherwise expressly noted, even if Your Services
are suspended, terminated, or transferred prior to the end of the Services
term. Business Growth Strategies expressly reserves the right to modify
pricing through email notification and/or notice on its Web site. Payment
may be made by you by providing either a valid credit card, or using
Business Growth Strategies’ prepaid services such as “paid on site at
events” or checks.
If You signed up for a monthly payment plan, Your monthly
billing date will be determined based on the day of the month You purchase
If for any reason Brian Tracy International, Inc./Business
Growth Strategies is unable to charge Your Payment Method for the full
amount owed Business Growth Strategies for the Services provided, or if
Business Growth Strategies is charged a penalty for any fee it previously
charged to Your Payment Method, you agree that Business Growth Strategies
may pursue all available remedies in order to obtain payment. If You pay by
credit card and if for any reason Business Growth Strategies is unable to
charge Your credit card with the full amount of the Services provided, or if
Business Growth Strategies is charged back for any fee it previously charged
to the credit card You provided, You agree that Business Growth Strategies
may pursue all available remedies in order to obtain payment. You agree that
among the remedies Business Growth Strategies may pursue in order to effect
payment, shall include but will not be limited to, immediate cancellation
without notice to you of any Services registered, bought or renewed on your
behalf. Business Growth Strategies reserves the right to charge a reasonable
administrative fee for administrative tasks outside the scope of its regular
Services, including additional costs that it may incur in providing the
Services and pass along to You. These include, but are not limited to,
customer service issues that cannot be handled over email but require
personal service, fees incurred by third parties you have elected to use as
payment methods, and disputes that require legal services. These charges
will be billed to the Payment Method we have on file for you. You may change
Your Payment Method at any time by logging into “user profile”.
You agree that you are solely liable for arranging that
Your Services are renewed, and that Business Growth Strategies shall not be
liable to you or any third party if it is unable to charge Your Payment
Method in order to renew Your Services. While all purchases are processed in
US dollars, Business Growth Strategies may provide an estimated conversion
price to currencies other than US dollars. You acknowledge and agree that
the pricing displayed during the checkout process is an estimate. Due to
potential slight time delays between actual purchase and the payment
settlement, the actual price charged may fluctuate. Accordingly, Business
Growth Strategies makes no representations or warranties that the actual
price will be the same or substantially similar to the actual price you will
pay and you waive any and all claims based upon any discrepancy between the
estimate and the actual price.
10. REPRESENTATIONS AND WARRANTIES.
You, or the individuals who electronically execute this
Agreement on behalf of You hereby represent and warrant that they have the
right, power, legal capacity and appropriate authority to enter into this
Agreement, and that they own and have not transferred to any other person or
entity any of the rights, claims or interests that are the subject of this
Agreement. You represent and warrant that you are 18 years of age or older,
or that you have an agent authorized by law to represent you who is 18 years
of age or older who is entering into this Agreement on Your behalf. You
warrant that each action you make is being done so in good faith and that
you have no knowledge of it infringing upon or conflicting with the legal
rights of a third party or a third party's trademark or trade name.
11. LIMITATION OF LIABILITY.
IN NO EVENT SHALL Business Growth Strategies BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR
GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS
OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND
POLICIES YOUR INABILITY TO USE THE SOFTWARE PRODUCTS OR SERVICES, YOUR LOSS
OF DATA OR FILES OR OTHERWISE, EVEN IF Business Growth Strategies HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a
broad exclusion or limitation on liability for damages as contained herein.
In such states, Business Growth Strategies’ liability is limited to the full
extent permitted by law. You agree that in no event shall Business Growth
Strategies’ maximum aggregate liability exceed the total amount paid by you
for the particular Products in dispute purchased from Business Growth
12. DISCLAIMER OF WARRANTIES.
Business Growth Strategies expressly disclaims all
warranties of any kind, whether express or implied, including, but not
limited to, the implied warranties of merchantability, fitness for a
particular purpose and non-infringement. Services are provided on an "As Is"
and "As Available" basis. Business Growth Strategies makes no warranty that
its services will meet your requirements, or that the services will be
uninterrupted, timely, secure, or error free, or that defects will be
corrected. Business Growth Strategies does not warrant, nor make any
representations regarding the use, or results of, any of the services it
provides, in terms of their correctness, accuracy, reliability, or
otherwise. Some jurisdictions do not allow the disclaimer of implied
warranties, in which event that foregoing disclaimer may not apply to you.
You agree to defend, indemnify and hold harmless Business
Growth Strategies and its contractors, agents, employees, officers,
directors, shareholders, and affiliates from any loss, liability, damages or
expense, including reasonable attorneys' fees, resulting from any third
party claim, action, proceeding or demand related to Your (including Your
agents affiliates, or anyone using Your account, software or services with
Business Growth Strategies whether or not on Your behalf, and whether or not
with Your permission) use of the Software or Services You purchased from
Business Growth Strategies or Your breach of this Agreement or incorporated
agreements and policies. In addition, You agree to indemnify and hold
Business Growth Strategies harmless from any loss, liability, damages or
expense, including reasonable attorneys' fees, arising out of any breach of
any representation or warranty provided herein, any negligence or willful
misconduct by You, or any allegation that Your account infringes a third
person's copyright, trademark or proprietary or intellectual property right,
or misappropriates a third person's trade secrets. This indemnification is
in addition to any indemnification required of you elsewhere. Should
Business Growth Strategies be notified of a pending law suit, or receive
notice of the filing of a law suit, Business Growth Strategies may seek a
written confirmation from you concerning your obligation to indemnify
Business Growth Strategies. Your failure to provide such a confirmation may
be considered a breach of this agreement. You agree that Business Growth
Strategies shall have the right to participate in the defense of any such
claim through counsel of its own choosing. You agree to notify Business
Growth Strategies of any such claim promptly in writing and to allow
Business Growth Strategies to control the proceedings. You agree to
cooperate fully with Business Growth Strategies during such proceedings. You
agree to cooperate fully with Business Growth Strategies during such
proceedings. You agree You will not be entitled to a refund of any fees paid
to Business Growth Strategies if, for any reason, Business Growth Strategies
takes corrective action with respect to Your improper or illegal use of its
services. You also agree that if Business Growth Strategies is notified that
a complaint has been filed with a governmental, administrative or judicial
body, regarding a Traffic Facts account of Yours with Business Growth
Strategies , that Business Growth Strategies , in its sole discretion, may
take whatever action Business Growth Strategies deems necessary regarding
further modification, assignment of and/or control of your account to comply
with the actions or requirements of the governmental, administrative or
judicial body until such time as the dispute is settled.
14. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
This agreement shall be deemed entered into in the State
of Florida. You agree that the laws and judicial decisions of Palm Beach
County, Florida, shall be used to determine the validity, construction,
interpretation and legal effect of this Agreement. You agree that any action
relating to or arising out of this Agreement shall be brought in the courts
of Palm Beach, Florida. For the adjudication of disputes concerning the use
of any domain name registered with Business Growth Strategies, You agree to
submit to jurisdiction and venue in the U.S. District Court for the District
of Florida located in Palm Beach, Florida. You agree to waive the right to
trial by jury in any proceeding that takes place relating to or arising out
of this Agreement.
You agree that all notices (except for notices concerning
breach of this Agreement) from Business Growth Strategies to you may be
posted on our Web site. Notices concerning breach will be sent either to the
email or postal address you have on file with Business Growth Strategies. In
either case, delivery shall be deemed to have been made five (5) days after
the date sent.
Notices from You to Business Growth Strategies shall be
made either by email, sent to the address provided on the Business Growth
Strategies Web site, or first class mail to Brian Tracy International, Inc./Business Growth Strategies’
Brian Tracy International, Inc./Business Growth Strategies, 462 Stevens Avenue, Suite 202,
Solana Beach California 92075
The headings in the Agreement are descriptive only and in
the event of a conflict between a heading and the underlying terms of this
Agreement, the terms of this Agreement shall control.
17. ENTIRE AGREEMENT.
You agree that this Agreement including the policies and
agreements it refers constitute the complete and only Agreement between You
and Business Growth Strategies regarding the Services contemplated herein.
You agree that the terms of this Agreement are severable.
If any part of this Agreement is determined to be unenforceable or invalid,
that part of the agreement will be interpreted in accordance with applicable
law as closely as possible, in line with the original intention of both
parties to the Agreement. The remaining terms and conditions of the
Agreement will remain in full force and effect.
The failure of Business Growth Strategies to enforce any
of the provisions within this Agreement or its incorporated agreements and
policies against you or others shall not be construed to be a waiver of the
right of Business Growth Strategies thereafter to enforce such provisions.
20. FORCE MAJEURE.
Business Growth Strategies will make every effort to keep
its Web site and Services operational. However, certain technical
difficulties and other factors outside of its control may, from time to
time, result in temporary service interruptions. You agree not to hold
Business Growth Strategies liable for any of the consequences of such
interruptions and no refunds shall be warranted.
21. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement, express or implied, is intended
to confer upon any third party any rights, remedies, obligations, or
liabilities under or by reason of this Agreement, except as expressly
provided in this Agreement.
I understand that customers are NOT eligible for
affiliate commissions on their own purchases. In the event that I become a
certified affiliate, at that point I can earn affiliate commissions on my
own purchase. A certified affiliate is one affiliate that has or is doing
constants promotional activities, drives consistent options and/or has made
a total of 5 or more sales of Business Growth Strategies products. A single
sale to one buyer or yourself does not constitute a certified Business
Growth Strategies affiliate.
23. ATTENDANCE AT EVENTS OR CALLS/MEETINGS
I agree that I am freely and willingly participating in
the Business Growth Strategies seminars, calls, web conferences, meetings,
and do hereby grant Brian Tracy International, Inc., Business Growth
Strategies, Brian Tracy and/or its agent (herein Business Growth Strategies) or designated
entities permission to record and duplicate recordings of any and all, but
not limited to, conference presentations, webcasts, teleseminars,
testimonials, questions and answers, etc.
I understand that I will not receive any compensation
either financially or in any other form, neither implied nor inferred, from
the sale of these recordings, regardless of the product format (audio,
visual, written, etc.) and further authorize the use of myself, voice and/or
likeness on the aforementioned.
Any funds from the sale of these recordings past, future, or present will be exclusively for the benefit of Brian Tracy International, Inc./Business Growth Strategies. Brian Tracy International, Inc./Business Growth Strategies shall own all rights to any and all such works and may make any use or nonuse of such works without payment or obligation to the attendee or customer.