Note Investing

Terms of Use and Disclaimers

The following Terms of Use and Disclaimers are entered into by and between you and Note Investing Academy, LLC ("NIA," “Company”, “we”, or “us”).


Please read the Terms of Use and Disclaimers carefully. You must accept and agree to be bound by these Terms of Use and Disclaimers and our Privacy Policy (collectively "this Agreement"), incorporated herein by reference, before you are permitted to use any Note Investing Academy digital or downloadable resources, online course, one-on-one or group coaching, membership, class, program, workshop, or training, participate in any Note Investing Academy challenges or events (in person and/or virtual), or enter any online private forums operated by Note Investing Academy (for any purpose), whether on a website hosted by Note Investing Academy, or a third-party website such as an online course platform or Facebook.com (collectively “the Program”). If you do not want to agree to any of the provisions in this Agreement, you must not access or use the Program.

This Program is offered and available to users who are 18 years of age or older. By using this Program, you represent and warrant that you are of legal age to form a binding contract with the Company, meet all of the foregoing eligibility requirements and have the capacity to enter into this Agreement. If you do not meet all of these requirements, you must not access or use the Program.

The Company’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your access or use of the Program or information provided to or gathered by the Company with respect to such use. 

Privacy Policy

Your use of the Program is also subject to the Company’s Privacy Policy. Please review our Privacy Policy which both also govern the Program and inform users of our data collection practices and various limitations regarding the information provided in the Program. 

changes to the terms of use and disclaimers

We may revise and update these Terms of Use and Disclaimers from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Program thereafter. Your continued use of the Program following the posting of revised Terms of Use and Disclaimers means that you accept and agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current version of this document.

effective date

This Agreement shall commence and be enforceable upon the date that you initially register to use the Program.

for educational and informational purposes only

You understand that the information contained in this Program and the resources available for download through this Program are for educational and informational purposes only. In addition, you further understand and agree that:

  • The information contained in this Program and the resources available for download through this Program are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice. The information contained in the Program is not a substitute for advice from a licensed attorney, certified public accountant (CPA) or other professional who is aware of the facts and circumstances of your individual situation as well as the current status of and future changes to federal and state law. 

  • Any material and analysis provided by or through the Company or the Program is not a recommendation to be followed or an offer, or solicitation of an offer to buy or sell any financial product. The Company does not recommend that you enter into a particular transaction or represent that any product or service described in this Program is suitable for you or your company. Nor is any information displayed here promoting any particular financial product, service or trading strategy in any jurisdiction where such an offer or solicitation, or trading strategy may be prohibited. 

  • Most transactions, including but without limitation those involving high-yield securities, give rise to substantial risk and any investment decision you may make is your own. You should not enter into any transactions unless you have fully understood all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or a complete discussion of the risks mentioned.

Financial relationships with endorser

If another website or person referred you to us, they may receive a commission on any products or services you purchase. Because of this financial relationship, you should not rely solely on their endorsement in making a purchase decision and must exercise due diligence in evaluating our products and services using information obtained beyond their specific endorsements and the sales site in particular.

Links to Third Party Websites and Services

The Program may contain links to other websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Linked Website or any association with its operators.

Certain services made available in the Program are delivered by third-party websites and organizations. By using any product, service, or functionality originating from the Program, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the website's users and customers.

The Company may receive compensation for promoting products/services linked to from the Program as affiliates of the companies providing these products and services. 

payment

You agree to the fees and payment schedule selected at checkout. All payments are to be in USD only. You understand and agree that for any annual or monthly membership or continuous services, you shall continue to receive services in the Program you’ve selected at checkout, unless and until you decide to cancel.

If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

If payment is not received by the date due, you will have a seven (7) day grace period to make the payment, otherwise your access to the Program will not continue and we reserve the right to terminate your access to the Program immediately and permanently.

If you fail to make any payment in a timely manner or voluntarily withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you have chosen. The Company reserves the right to charge a late fee on all balances more than thirty (30) days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

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money-back guarantee

The Company provides a fourteen (14) day "money back" guarantee on purchases of the Program. To claim a refund, you must email [email protected] within fourteen (14) days of purchasing the Program. The Company will not provide refunds for any request that comes more than fourteen (14) days following the date of purchase unless otherwise required by law.

By using and/or purchasing the Program, you agree that after fourteen (14) days of purchase, all Program payments are non-refundable, and you are responsible for full payment of the fees for the Program regardless of the payment plan you agreed to or whether you complete the Program.

Upon determining that you are entitled to a refund pursuant to the policies outlined above, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund, that will immediately terminate any and all licenses granted to you to use and access the Program, as defined below, provided to you under this Agreement. You shall immediately cease using the Program and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying participants, and other resources.

The Company reserves the right, in its sole discretion, to determine how to discipline a participant who violates these terms. Therefore, if a participant disagrees with how the Company disciplines another participant and requests a refund, the Company will deny such request.

Furthermore, if a participant violates these terms, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these terms. If a participant disagrees with the Company offering another participant a second opportunity to follow these terms, no grounds for a participant to receive a refund would be created, and any request for a refund on this basis shall be denied.

If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these terms, the Company may terminate your access and participation in the Program without notice and without refund.

The Company may offer additional program elements for a subgroup of participants, as further discussed in this Agreement. The Company reserves the right, in its sole discretion, to offer participation in these additional program elements to specific participants. If a participant is denied participation in these additional program elements, no grounds for a participant to receive a refund would be created and any request for a refund on this basis will be denied.

Since we have a clear and explicit Refund Policy in this Agreement that you agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

Accessing the Program and Account Security

We reserve the right to withdraw or amend our Program and any service or material we provide in the Program in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Program is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Program, or the entire Program, to users, including registered users.


To access the Program or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Program and any resources downloaded from the Program that all the information you provide in the Program is correct, current, and complete. You agree that all information you provide to register with this Program or otherwise, including but not limited to through the use of any interactive features in the Program,, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.


You must treat your user name, password or any other piece of information that is part of our security procedures as confidential and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Program or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.


We have the right to disable any user name, password or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

no unlawful or unauthorized use and intellectual property restrictions

A considerable investment of time, effort and expense has been made by the Company to create and support the Program. The Company grants you a limited, personal, non-exclusive, non-transferable, revocable license to access the Program and the resources available for download from the Program strictly in accordance with this Agreement.


As a condition of your use of the Program, you warrant to the Company that you will not use the Program or any of the resources available for download from the Program for any purpose that is unlawful or prohibited by this Agreement. You may not use the Program or any of the resources available for download from the Program in any manner that could damage, disable, overburden, or impair the Program or interfere with any other party’s use and enjoyment of the Program. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Program.


All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its external business partners or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners. 


You will not (a) copy, reproduce, print, recompile, decompile, disassemble, upload, download, transmit, modify, edit, alter, enhance, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program or any of the resources available for download from the Program; (b) use the site or the content outside the scope of permitted use and will not infringe any Intellectual Property or other rights in or relating to the site or the services or of any third party; (c) tamper with the site or any software embodied in any site or service; (d) prevent or restrict the use of any site or service by other authorized users nor “hack” into or cause damage to any server or other equipment operated by us, including the use or attempt to use any "virus," "spyware," "malware," "adware," "Trojan horse" "deep-link," "scraper," "bot," "spider," "data-mining," "computer code" or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Program or content; (e) obtain or attempt to obtain through any means any materials or information in the Program that have not been intentionally made available either by their public display in the Program or through their accessibility by a visible link or portal; (f) violate the security of the Program or attempt to gain unauthorized access to the Program, data, materials, information, computer systems or networks connected to any server, through “hacking”, “password mining” or any other method.

You will: (a) comply with all applicable laws relating to the site and services, including without limitation, laws relating to the use of Intellectual Property; (b) comply fully with this Agreement.

The Company content is not for resale and is only offered for your personal use. Your use of the Program or any of the resources available for download from the Program does not result in a transfer of any intellectual property to you or entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content and that your use of any materials found in the Program other than that expressly authorized in this Agreement or by a separate written assignment is not permitted.

Should you violate this Agreement, you understand that your actions will result in an immediate termination of your access to the Program and you will not be entitled to any refund. You further agree that if you make any unauthorized use of any protected content, you will pay liquidated damages of five (5) times the total fees paid for the Program, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed to liquidated damages charge for the unauthorized use.

If you wish to use any of the protected content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the protected content by sending an e-mail to [email protected]. If you are granted permission by the Company, you agree to use the specific protected content that the Company has allowed you to use and only in the ways for which the Company has given you its written permission. If you choose to use the content in ways for which the Company does not specifically give you written permission, you agree that this action will be an unauthorized use of the protected content as described above, subject to the liquidated damages described above.

accuracy and personal responsibility

We have done our best to ensure that the information provided in this Program and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions in this Program or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.


By using this Program, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in this Program or the resources available for download from this Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policies suggested or recommended in this Program.

no guarantees as to results

You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in this Program or not. The Company provides educational and informational resources that are intended to help users of this Program succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company. 


You also recognize that prior results do not guarantee future outcomes. Thus, the results obtained by others - whether part of the Company or otherwise - applying the principles set out in this Program are no guarantee that you or any other person or entity will be able to obtain similar results.

You understand that that the testimonials and examples used in the program are exceptional results and may not apply to you and are not intended to represent or guarantee that you will achieve the same or similar results. The individuals depicted in these testimonials and examples have declared that the information shared is true and accurate and it is not the Company's responsibility to independently verify their results.

For brevity and privacy reasons, written, audio and visual information may have been edited from their original versions.

You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policies suggested or recommended in the Program. You understand that all investments involve risk and that you are solely responsible for determining which activities are right for you and your business.

Any and all forward-looking statements in the Program are intended to express the Company’s opinion of earning potential. Many factors determine your actual results and no guarantees are made that you will achieve results similar to the Company’s or anyone else’s.

Non-Solicitation

Testimonials included in the Program have been declared true and accurate by the submitter and have not been independently verified by the Company. For brevity and privacy purposes, any testimonials presented in the Program may include content edited from their original versions.

Non-Solicitation

You hereby agree that during and upon termination of this Agreement and for a period of two (2) years after time that you shall not do or cause or permit to be done any of the following: (a) induce or attempt to induce or influence any employee or independent contractor of Company to terminate or alter his or her relationship with Company or any of its external business partners; (b) induce or attempt to induce or influence any vendor supplying Company or any of its external business partners to terminate or alter that relationship with Company or any of its external business partners; or (c) induce or attempt to induce or influence any client of Company or any of its external business partners to terminate or alter that relationship with Company or any of its external business partners.

email and other electronic communications

Visiting the Program or our private Facebook group or sending emails or direct messages to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


Any such other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

use of communication services

The Program may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (“Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.


By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.


The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.


The Company reserves the right at all times to disclose any information as 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 the Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. 

materials provided by the Program

The Company does not claim ownership of the materials you provide to the Program (including feedback and suggestions) or post, upload, input or submit to our Program or our associated services (“Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.


No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.


By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

community guidelines

The Company has created a community with the baseline expectation that all participants will treat one another with respect. The Company’s community guidelines are as follows:

  • The Company does not tolerate nor support any participant’s discriminatory speech, hate speech, discriminatory comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.

  • The Company cannot guarantee that all participants will follow community guidelines. The Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, Company does not have a duty to review all comments, posts, content and material shared within the Program. Therefore, Company shall not be held liable for any participant’s comments, actions, posts, content, or materials.

  • The Company reserves the right to offer additional program elements from time to time, for any subgroup of participants. These additional program elements are a bonus, not a part of the services included in the base participation of the Program. The selection of the participants who may participate in any additional program elements is at the sole discretion of the Company.

  • The Company may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules, and they are expressly incorporated into this Agreement.

  • The Company cannot guarantee that all participants will follow these guidelines. Company, in its sole discretion, may remove any participant’s comments, posts, content, materials or even Program access, however, Company does not have a duty to review all comments, posts, content and material shared within any online private forums or groups or on any group call. Therefore, Company shall not be held liable for any participant’s comments, actions, posts, content or materials that result in another participant’s trauma or discomfort.

  • The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.

individual conduct

You agree you will not invite Program participants to participate in events, such as a meetup, seminar, or program without first receiving approval from the Company.

You agree not to market, promote, or sell products or services such as marketing resources, marketing and strategy coaching services, or other products or services to Program participants, unless you are authorized or requested to do so by the Company.

You understand that any material you post on the Company’s website or in any third-party forums operated by the Company may become public.

You understand that are responsible for Your Material and for any liability that may result from any material you post. You comment, and post material at your own risk.

You understand that you are strictly forbidden from the following:

  • Harassing, fighting with, or being disrespectful to other participants

  • Causing damage to any Company website or third-party forums operated by the Company

  • Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity

  • Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software

  • Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes

  • Systematically or automatically collecting data from any Company website or third-party forums operated by the Company

  • Sharing private and proprietary information from other participants with anyone else

  • Discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels

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use of templates or forms

The Company provides various templates and/or forms for download in this Program. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.


By downloading templates or forms, you agree that your download may only be used by you and may not be sold or redistributed without the express written consent of the Company.

You also agree that templates or forms are not a substitute for advice from a licensed attorney, certified public accountant (CPA) or other professional who is aware of the facts and circumstances of your individual situation as well as the current status of and future changes to federal and state law. 

guests

The Company may, from time to time, provide information from a third party. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.

Promotional offers

From time to time, Company may (in Company’s sole right and discretion) offer Program participants promotional pricing, discounts and/or bonuses (“Promotional Offer”). Details of the Promotional Offer will be outlined on the Company’s webpage where you are to register for the Program.

no warranties

THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS PROGRAM. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS PROGRAM. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

limitation of liability

YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED IN THIS PROGRAM AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS PROGRAM. YOU AGREE THAT THE COMPANY AND ANY OF OUR SUPPLIERS, OFFICERS, EMPLOYEES, PARTNERS, AFFILIATES, EXTERNAL BUSINESS PARTNERS, SUBSIDIARIES, SUCCESSORS AND ASSIGNS, AGENTS OR REPRESENTATIVES (OUR "REPRESENTATIVES") SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS PROGRAM INCLUDING BUT NOT LIMITED TO: (A) ANY INCIDENTAL, PUNITIVE, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE, LOSS OR EXPENSES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF BUSINESS, CONTRACTS, REVENUE, OR PROFITS, ANY BUSINESS INTERRUPTION, SECURITY BREACH, LOSS OF DATA, LOSS OF GOODWILL OR REPUTATION OR OTHER PECUNIARY LOSS SUFFERED BY YOU, EVEN IF WE OR ANY OF OUR REPRESENTATIVES HAVE BEEN ADVISED OF THEIR POSSIBLE EXISTENCE; NOR (B) ANY DIRECT DAMAGE LOSS OR EXPENSES ARISING FROM LOSS OF CUSTOMERS, LOSS OF PROFITS, LOSS OF ANTICIPATED PROFITS OR LOSS OF SAVINGS.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PROGRAM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PROGRAM AT ANY TIME. ANY DATED INFORMATION INCLUDED IN THE PROGRAM IS CURRENT AT THE DATE OF PUBLICATION ONLY AND THE COMPANY HAS NO OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND SUCH INFORMATION. 


THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE PROGRAM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PROGRAM, WITH THE DELAY OR INABILITY TO USE THE PROGRAM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PROGRAM, OR OTHERWISE ARISING OUT OF THE USE OF THE PROGRAM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PROGRAM, OR WITH ANY TERMS IN THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM.

THE COMPANY SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, OR ANY RESPONSIBILITY WHATSOEVER, FOR THE FAILURE OF ANY INTERNET CONNECTION OR COMMUNICATION SERVICE TO PROVIDE OR MAINTAIN YOUR ACCESS TO THIS SERVICE, OR FOR ANY INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR ANY ERRONEOUS COMMUNICATION BETWEEN THE COMPANY AND YOU. THE COMPANY ALSO DOES NOT WARRANT OR REPRESENT THAT THE PROGRAM SHALL BE COMPLETELY SECURE, SPECIFICALLY INCLUDING WITHOUT LIMITATION, THAT NO UNAUTHORIZED PERSON SHALL INTERCEPT OR ACCESS INFORMATION TRANSMITTED BY YOU.

In the event that any provision of this Agreement is unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.

governing law

This Agreement will be governed by the laws of the State of California, without regard to any provision of California law that would require or permit the application of the substantive law of any other jurisdiction.

arbitration

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Program, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.


To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in California. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

international users

The Program is controlled, operated and administered by the Company from our offices within the United States of America. If you access the Program from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Company content accessed through the Program in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

indemnification

You agree to indemnify, hold harmless and defend the Company, its officers, directors, employees, officers, agents contractors and any third parties (“Indemnified”) and continue to keep the Indemnified indemnified from and against any actions, proceedings, claims, demands or costs brought or made against the Indemnified for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

termination and access restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time for any reason or for no reason, without notice. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination. 

Use of the Program is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this section.

To the maximum extent permitted by law, you hereby consent to resolve any and all disputes arising under or related to this Program and this Agreement, pursuant to the Arbitration Clause above. 

Fees

Any notice given pursuant to this Agreement shall be made by email or first class post, to the address provided on your registration form and, in the case of us, to the address provided in the Program or otherwise notified to you in relation to any relevant service. Any such notice shall be deemed to have arrived if sent by post within three (3) days of posting and if sent by email at the time of transmission.

Fees

No waiver by any party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. 

Entire Agreement

Unless otherwise specified herein, this Agreement, along with the Privacy Policy, constitutes the entire agreement between the user and the Company with respect to the Program and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents be written in English.

force majeure

The Company shall not be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any service or our obligations in relation to this Agreement, if the delay or failure was due to any cause beyond our reasonable control, including but not limited to acts of God, explosions, floods, fires, accidents, power outages, telecommunication breakdown, war or threats of war, national emergency, terrorism or threat of terrorism, sabotage, riots or other civil unrest, revolution, insurrection, epidemics or pandemics, governmental actions, import or export regulations or embargoes, or industrial actions or trade disputes (whether involving our employees or of third parties). The Company can add conditions to this list at any time.

severability

If any provision of this Agreement is found by a court of competent jurisdiction to be wholly or partially invalid, illegal, or unenforceable in any jurisdiction, that provision shall be invalid, void or unenforceable to that extent only and the validity and enforceability of any other term or provision of this Agreement shall not be affected.

contact us

The Company welcomes your questions or comments regarding this Agreement at Note Investing Academy, 14271 Jeffrey Road, Suite 503, Irvine, CA 92620, (888) 481-4761 or [email protected].

Updated May 21, 2023

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