By signing up for and accessing the CEO of Real Estate Membership, 1:1 Coaching or coaching or
mentorship of any kind from Catalyst Coaching and Consulting, LLC, Cheesette Cowan, LLC or any of its subsidiaries and affiliates (herein Company), subscriber irrevocably and without condition agrees to be bound by the following terms and conditions:
1. NATURE/TERMS OF SERVICE
1.1 Subscriber agrees to become a member of the Company based upon the terms and conditions herein and affirms that they are of legal age and have the capacity to enter into this agreement.
1.2 The services to be provided by the Company to the Subscriber are as detailed in the Membership Description, which may be updated from time to time by the Company. Such updates will be communicated to the Subscriber in a timely manner. Subscriber agrees to cease use of the services if they are not in full agreement with any new term or conditions. By continuing to access or use our Service after those revisions become effective, Subscriber unconditionally agrees to be bound by the revised terms.
1.3 Subscriber agrees to comply with all rules and regulations set forth by the Company regarding the use of the services and facilities. Subscriber understands that failure to abide by these rules and regulations may result in termination of this Agreement and their membership.
1.4 This Agreement shall be effective as of the Effective Date and shall continue in effect for the term specified in the Membership Description, unless otherwise terminated in accordance with the terms herein.
1.5 The Company reserves the right to modify or terminate the services provided under this Agreement in its sole discretion, with or without notice, and shall not be liable to the Subscriber or any third party for any modifications, suspension or discontinuance of the services.
2. REFUNDS AND CANCELLATION
2.1 Subscriber agrees that membership fees are non-refundable. By purchasing and maintaining a membership with Company, Subscriber acknowledges and agrees to the terms of this refund policy.
2.2 Subscribers can cancel their monthly membership at any time, and the cancellation will be effective at the end of the current billing cycle. No refunds will be provided for the current billing cycle.
2.3 Annual memberships are non-refundable. If Subscriber chooses to cancel before the end of the annual term, Subscriber will not be eligible for a refund for the remaining months.
3. USER REGISTRATION AND INFORMATION
3.1 Subscriber agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. The Company reserves the right to suspend or terminate this Agreement and the Subscribers access to the services if any information provided proves to be inaccurate, not current, or incomplete.
3.2 Subscriber is responsible for safeguarding their account. They agree not to disclose their password to any third party and to take sole responsibility for any activities or actions under their account, whether or not they have authorized such activities or actions.
3.3 Subscriber will immediately notify the Company of any unauthorized use of their account. The Company cannot and will not be liable for any loss or damage of any kind, financial or otherwise, from the Subscribers failure to comply with this requirement.
3.4 By creating an account, Subscriber agrees that the Company may send them periodic emails which may include updates, news and/or promotions. Subscriber can unsubscribe from these emails at any time.
4. CONTENT
4.1 The Company may, from time to time, provide information and materials to Subscriber, including but not limited to, text, graphics, data, images, audio, video, design, codes, proprietary information, digital downloads, data compilations and technology (collectively, "Content").
4.2 Subscriber acknowledges that the Content provided to them is the exclusive intellectual property of the Company, its licensors, or content suppliers and thereby protected by local,
state, federal and international copyright laws.
4.3 Subscriber agrees not to reproduce, distribute, modify, publicly display or otherwise use the
content for any purpose without explicit written permission from the Company. Subscriber
agrees that commercial use of any content on this site without proper authorization is strictly
prohibited. Subscriber agrees not to create derivative works or alter the content in any way that
infringes upon the original copyright. Subscriber acknowledges and agrees that if they violate
this prohibition, they may be subject to legal action from the Company or its licensors.
4.4 The Company may monitor the Subscribers use of the Content to ensure compliance with
this Agreement. The Company reserves the right to terminate the Subscribers access to any or
all of the Content at any time, without notice, for any reason whatsoever.
5. RELEASE
5.1 Subscriber hereby releases the Company, its officers, employees, agents and successors
from claims, demands, any and all losses, damages, rights, and actions of any kind, including
personal injuries, death, and property damage, that is either directly or indirectly related to or
arises from their use of the services, including but not limited to, any interactions with or
conduct of other users or third-party websites of any kind arising in connection with or as a
result of this Agreement or their use of the services.
5.2 If Subscriber is a California resident, they waive California Civil Code Section 1542, which
states, “A general release does not extend to claims that the creditor or releasing party does not
know or suspect to exist in his or her favor at the time of executing the release and that, if
known by him or her, would have materially affected his or her settlement with the debtor or
released party.”
5.3 If the Subscriber is not a California resident, they waive their rights under any statute or
common law principle similar to Section 1542 that governs their rights in the jurisdiction of
their residence.
6. PRIVACY
6.1 Subscriber acknowledges that they have read the Company's Privacy Policy, the terms of
which are incorporated herein, and agree that the terms of such policy are reasonable and
satisfactory to them. They consent to the use of their personal information by the Company
and/or its third-party providers and distributors in accordance with the terms of and for the
purposes set forth in the Company's Privacy Policy.
6.2 The Company strongly recommends that the Subscriber, as they deem appropriate, take
steps to safeguard their personal information and ensure that it is accurate and up-to-date.
6.3 The Company may cooperate with legal authorities and/or third parties in the investigation
of any suspected or alleged crime or civil wrongdoing. Subject to the Company's Privacy Policy,
the Company reserves the right at all times to disclose any information as it deems necessary.
6.4 Subscriber agrees that their use of the services acknowledges their acceptance of the
Company's Privacy Policy, and their ongoing consent to its application to their personal data.
7. INDEMNITY
7.1 Subscriber agrees to indemnify, defend, and hold the Company, its officers, subcontractors,
directors, employees, agents, licensors, and suppliers, harmless from and against all claims,
losses, expenses, damages, and costs, including, without limitation, reasonable attorneys' fees,
arising from or relating in any way to their use of the services.
7.2 This indemnification obligation will survive the termination of this Agreement and their use
of the services.
7.3 The Company reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by the Subscriber, in which event the
Subscriber will fully cooperate with the Company in asserting any available defenses.
8. NO AGENCY
8.1 Nothing in this Agreement shall be construed as making either party the partner, joint
venturer, agent, legal representative, employer, contractor or employee of the other. Neither
the Company nor any other party to this Agreement shall have, or hold itself out to any third
party as having, any authority to make any statements, representations or commitments of any
kind, or to take any action that shall be binding on the other except as provided for herein or
authorized in writing by the party to be bound.
9. TERMINATION OF MEMBERSHIP
9.1 Subscriber agrees that the Company, in its sole discretion, may terminate this Agreement
and their membership for any reason, including, without limitation, for lack of use or if the
Company believes that the Subscriber has violated or acted inconsistently with the letter or
spirit of this Agreement.
9.2 Subscriber agrees that any termination of their access to the services under any provision of
this Agreement may be effected without prior notice, and acknowledges and agrees that the
Company may immediately deactivate or delete their account and all related information and
files in their account and/or bar any further access to such files or the services.
9.3 Subscriber agrees that the Company shall not be liable to them or any third party for any
termination of their access to the services.
9.4 Upon termination, the Company retains the right to use any data collected from the
Subscribers use of the services for internal analysis and archival purposes, and all related
licenses you have granted to the Company shall remain in effect for the foregoing purpose.
10. GOVERNING LAW
10.1 This Agreement shall be governed by and construed in accordance with the laws of the
state of Florida without regard to its conflict of laws rules.
10.2 Subscriber and the Company agree to submit to the exclusive jurisdiction of the courts of
the state of Florida, and agree to waive any and all objections to the exercise of jurisdiction over
the parties by such courts and to venue in such courts.
10.3 Subscriber acknowledges that no joint venture, partnership, employment, or agency
relationship exists between them and the Company as a result of this Agreement or use of the
services.
11. ARBITRATION
11.1 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof,
shall be settled by arbitration administered by the American Arbitration Association under its
Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be
entered in any court having jurisdiction thereof.
11.2 The place of arbitration shall be Tampa, Florida. The arbitration shall be governed by the
laws of the state of Florida.
11.3 The arbitrators will have no authority to award punitive or other damages not measured by
the prevailing party's actual damages, except as may be required by statute.
11.4 The arbitrator(s) shall not award consequential damages in any arbitration initiated under
this section.
11.5 Any award in an arbitration initiated under this clause shall be limited to monetary
damages and shall include no injunction or direction to any party other than the direction to
pay a monetary amount.
12. LIMITATION OF LIABILITY
12.1 Subscriber agrees that in no event shall the Company, its affiliates, officers, employees,
agents, partners, and licensors be liable for any direct, indirect, incidental, special, exemplary, or
consequential or punitive damages damages arising out of or in connection with the services
provided, whether or not the Company has been advised of the possibility of such damages.
12.2 Subscriber agrees that the Company's total liability in any matter arising out of or related
to this Agreement is limited to US $0, and Subscriber agrees that no financial liability will be
recovered from the company for any reasons whatsoever.
12.3 These limitations will apply notwithstanding any failure of essential purpose of any limited
remedy.
13. FORCE MAJEURE
13.1 The Company shall not be liable for any failure or delay in performance due in whole or in
part to any cause beyond the reasonable control of the Company or its contractors, agents or
suppliers, including but not limited to utility or transmission failures, power failure, strikes or
other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or
other disasters.
14. MISCELLANEOUS
14.1 This Agreement constitutes the entire agreement between the Subscriber and the
Company with respect to the services and supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the Subscriber
and the Company with respect to the services.
14.2 If any provision of this Agreement is found to be unenforceable or invalid, that provision
will be limited or eliminated to the minimum extent necessary so that this Agreement will
otherwise remain in full force and effect and enforceable.
14.3 The failure of either party to exercise in any respect any right provided for herein shall not
be deemed a waiver of any further rights hereunder
