Last Updated: November 1, 2017
Membership Terms and Conditions / Customer Agreement
A. CONTACT INFORMATION
You may contact EXPECT SUCCESS GLOBAL Monday through Friday from 9AM through 5PM PT by calling our office at 623-362-2900, or by writing to: Expect Success Global, 140 Moonlit Trail, Flagstaff, AZ 86005.
B. CHANGES IN TERMS AND SERVICE
1. Changes To Terms: WE RESERVE THE RIGHT TO CHANGE THESE TERMS AT ANY TIME. ANY CHANGES OR MODIFICATIONS WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS ON OUR WEBSITE REFLECTING THE NEW EFFECTIVE DATE. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF THE CHANGES OR MODIFICATIONS ONLINE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. YOU SHOULD FREQUENTLY REVIEW THESE TERMS (INCLUDING THE EFFECTIVE DATE) AND APPLICABLE POLICIES FROM TIME TO TIME TO UNDERSTAND THE TERMS THAT APPLY TO YOUR USE OF THE SERVICE AND/OR USE OF THE WEBSITE. Other than with respect to programming changes referenced in subsection 2 below, if we make any material changes that, in our judgment, would have an adverse effect on your use of the Service, we will either post a notice on our website that these Terms have changed and the effective date of such change, provide you a notice describing such changes and their effective date, in the manner described in Section H.1. below, or send you revised Terms. In the event of any potential conflict between these Terms and the terms of any other offer for the Service, these Terms will govern. 2. Change To Service: The Service consists of a wide variety of products including; private coaching, group coaching, training, videos, documents, recordings, marketing services and other content. Many different and changing considerations affect the availability, quality, and customer demand for this content. Accordingly, we reserve the unrestricted right to change, rearrange, add, or delete content, including canceling, moving, or adding particular content at any time, with or without notice to you.
C. USE OF SERVICE
1. Eligibility For Use of Service: You must be a human at least 18 years old, or the age of majority, as determined by the laws of your state of residency, to assume the obligations set forth in these Terms. Memberships registered by “bots” or other automated methods are not permitted. You must provide legal full name, a valid e-mail address, and any other information requested in order to complete the signup process. 2. Service Area: We offer the EXPECT SUCCESS GLOBAL Service solely in the United States and the District of Columbia (together, our "Service Area"), although we might expand our Service Area in the future. If your address is not in our Service Area, your Membership will not be able to be activated and you will not be able to receive the EXPECT SUCCESS GLOBAL Service. We reserve the right to verify any address you provide. 3. Personal Use of the Service: One person or legal entity may not maintain more than one user account. We provide the Service only for your personal, non-commercial use. You may not make commercial use of, reproduce, rebroadcast, or otherwise transmit our service content, or record, charge admission for listening to or distribute our service content. Our service is not intended for commercial use. We or any of our service providers may prosecute violations of the foregoing against you and other responsible parties in any court of competent jurisdiction. You assume all responsibility for use of this website. You agree that any person using your identification issued for the website will be treated by us as having been authorized by you to access your information as contained on the website, and take any other actions on your behalf. You will indemnify and hold harmless SWT International, Inc. and its affiliated companies from all damages, costs, expenses, liabilities and claims incurred by them arising out of any action taken by any person or entity using your username/password on this website. You also waive all claims against SWT International, Inc., its officers, directors, employees, suppliers and programmers that may arise from the utilization of this website. At the end of each online session you should completely log out of the Service. Should your login ID or username/password be lost, stolen, sold, transferred or otherwise removed from your possession without your permission, contact us immediately so that your personal identifiers may be deactivated and reissued. You also may not attempt to override or circumvent any of our usage rules, limitations, or security measures embedded into our Service or Site. 4. Downloaded Content: Certain services are offered with the ability to download content from the Service provider (“Downloaded Content”). Subject to applicable laws, you may access such Downloaded Content only as long as you pay your monthly membership fee. We reserve the right to change, reduce, eliminate or charge a fee for this and/or related functionality. 5. Service Interruptions: Service may be unavailable or interrupted from time to time for a variety of reasons, such as environmental conditions and other things, many of which we cannot control. Service might also not be available in certain places or during certain times. We are not responsible for any interruptions of the Service. 6. Service Cancellation: We reserve the right to cancel your Membership at any time if you fail to pay amounts owing to us when due, violate or breach any of these Terms, or for any other reason in our sole discretion. If your Membership is cancelled, you will still be responsible for payment of all outstanding balances accrued through the cancellation date, including any fees described herein. See also: E.2. “Automatic Renewal,” E.8. “Service Credits,” and F. “Cancellation.” 7. Service Choices: We provide Memberships in a variety of packages which might suit your preferences. An examples of a membership is our "Master Training Center OR Conference Coaching". We also offer Memberships in a convenient recurring payment plan, and we refer to it throughout as the "Plan." Our Plan may be "Monthly," or “Month-to-Month”. Plans may include any terms and periods agreed to by you and us. 8. Interactive Services: We may provide an opportunity for users to exchange information, ideas and opinions on our website. Information, ideas and opinions posted by users do not necessarily reflect the views of Expect Success Global. We do not assume responsibility or accept liability for the accuracy of any information, ideas and opinions posted by users. We are not liable for any claims, damages or losses resulting from any information, ideas and opinions posted by users. You authorize us to use and publish any materials that you post on this website in any manner we choose and without any obligation to compensate you or anyone else. If you post any materials on our website, you will not: Harass, defame, intimidate or threaten another user; Interfere with another user's rights to privacy; Distribute chain letters, surveys or contests; Post any material that is defamatory (i.e., disparaging to the reputation of an individual or business); Post any material that is obscene or indecent; Post any trademarks, logos or copyrighted material without the authorization of the owner; Post any materials that may damage the operation of a computer (such as a virus, worm or Trojan horse); or Advertise or sell any goods or services. 9. Live Events: As a member of the service you may choose to participate from time to time in one or more of our LIVE Training events. These events would be offered at an additional fee to your fee for the service. At your sole discretion, if you choose to participate in any such events, the applicable terms of this agreement will apply to any and all EXPECT SUCCESS GLOBAL LIVE training events.
D. INTELLECTUAL PROPERTY RIGHTS
1. Technology: It is prohibited to, and you agree that you will not, and you agree that you shall not, copy, decompile, disassemble, reverse engineer, make derivative works of or manipulate any technology or data or content stored or incorporated in any equipment used to receive the Service (collectively, “Technology”). You also agree not to upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, disable or limit the functionality of this website or any of the Services. You may use the Technology only for your personal, non-commercial use in connection with the Service. 2. Content: All text, software (including source and object codes), data, information, visual, oral or other digital material, and all other content of any description available on our website or included in any Service we offer and/or in (collectively, the "Content"), and all worldwide copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights and all other rights in or relating to the Content (collectively, the "Intellectual Property") are either owned by SWT International, Inc., or are the property of our licensors and suppliers who have given us permission to use it. Neither your access to and use of the Service nor these Terms grant you any right, title or interest or license in or to any such Content, and you may not use such Content without the express written permission of the owner(s). You may download one copy of the Content to any single computer for your personal, non-commercial home use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise reproduce, perform, distribute, display or create derivative works from the Content. You may only use the Content and the Intellectual Property, access our website and use any services we provide through our website as expressly permitted in these Terms of Service and for no other purposes. 3. Trademarks: SWT International, Inc., the EXPECT SUCCESS GLOBAL logo, and domain name are trademarks, service marks or registered marks of SWT International, Inc. ("Marks"). Other trademarks, service marks, graphics, logos and domain names appearing on the Service or the website may be the trademarks of third parties. Neither your access to and use of the Service or website nor these Terms grant you any right, title or interest or license to reproduce or otherwise use the Marks or any third-party trademarks, service marks, graphics, logos or domain names. Any goodwill in the Marks generated as a result of your use of the Service will inure to our benefit. You shall not at any time, nor shall you assist others to, challenge our right, title, or interest in or to, or the validity of, the Marks or any other intellectual property rights of SWT.
In return for receiving the Service, you agree to pay us as follows: 1. Membership Fee: You must pay in advance by credit card. 2. Automatic Renewal: Month to month memberships will continue for the length of the initial term of one month ("Membership Term") and at the end of your prepaid Membership Term, it will automatically renew for another prepaid period of the same length unless you choose to cancel prior to that renewal, or your Service is cancelled, terminated, or discontinued by you or by us, or you select a different Plan. Your account will automatically be charged (or you will be billed, as applicable) at the rates in effect at the time of renewal. We will process your renewal on a month-to month basis after your initial Membership Term of one month. Services that are not on a month to month term will continue for the length of the agreed to term and may not be cancelled by either party unless agreed to in writing by both parties. 3. Changes in Fees: Our fees and other charges are subject to change without notice. Any changes in fees will not effect you until the end of your term. 4. Change of Address or Account Information: You must notify us immediately of any change in your name, billing address, service address, email address, telephone number, credit card or other account information. 5. Statements: Billing statements will be provided only upon request. If you would like to receive a statement for a particular period, please contact us. Please include the name and address on your account in your letter. Statements will show: (1) payments, credits, purchases and any other charges to your account, (2) your account balance, and (3) the payment due date. 5. Payments: All payments must be made in U.S. dollars. We do not accept recurring payment plans from cards issued by Canadian Card Issuers nor any gift cards issued by Visa, MasterCard, American Express or Discover. Your outstanding balance is due in full each payment period. Undisputed portions of your account must be paid by the due date to avoid a late fee and possible deactivation of the Service. No "payment in full" notation or other restrictive endorsement written on your payments will restrict our ability to collect all amounts owing to us. We expect you to pay your account balance on time. If you are delinquent in any payment to us, we reserve the right to suspend or terminate your Membership and report any late payment or non-payment to credit reporting agencies. If your account is past due, and if we deactivate your Service, we will prorate your Membership and amounts owed to us and will apply your pre-payments to past due amounts and any remaining credit to future obligations. 6. Taxes: You are responsible for all taxes or other government fees and charges, if any, which are assessed based on the Service address on your account. 7. Fees: We will charge you one or more of the following fees, all of which are subject to change without notice: Late Fee: If we do not receive your payment by the billing due date, we may charge you a late fee. The late fee is currently the lesser of (a) $5.00 or (b) the maximum amount permitted under applicable law per month or partial month until the delinquent amount is paid in full, in each case, subject to applicable law. We do not extend credit to customers and you acknowledge that this fee is not an interest charge, finance charge, or other such charge or payment of a similar nature and it is reasonably related to the actual expense we incur due to unsatisfied payment and may be subject to limitations set forth by law in your state. Returned Payment Fee: If any bank or other financial institution refuses to honor any payment of yours, we may charge you a fee that is the lesser of (i) $20.00 ($15.00 for residents of West Virginia); and (ii) the maximum amount permitted under applicable law. You acknowledge that this fee is not an interest charge, finance charge, or other such charge or payment of a similar nature and it is reasonably related to the actual expense we incur due to unsatisfied payment. Package Change Fee: If you convert your Membership to a different Package where the fee is less than or equal to the fee for your current Package, you will be charged a $5.00 fee. Transfer Fee: If you transfer a Membership from one person to another, you will be charged a transfer fee of $15. THE EXPECT SUCCESS GLOBAL SERVICE MEMBERSHIPS ARE TRANSFERABLE ONLY TO THE EXTENT PROVIDED FOR HEREIN. Taxes: All amounts charged to your account, including fees may be subject to tax, which will vary according to your billing or shipping address and applicable law. We reserve the right to waive any of these fees, in whole or in part, at our discretion. Our failure to enforce any of these fees or any other provisions of these Terms shall not be construed as a waiver of the right to assert any such Terms on any future occasion. 8. Service Credits: Service credits will not be refunded in cash, but will be honored in the form of Services for the remaining length of the credit. Unused service credits will expire upon termination of your Membership and may not be transferred to another person or Membership 9. Changes to Packages and Plans: You have the right to change your membership "Package" as new and different packages are available. How the change will affect your account and charges will depend upon the choices you make.
Month to month memberships will automatically renew for additional terms of the same length as your initial Membership Term on a month-to-month basis until you cancel the Service. You are responsible for payment of all outstanding balances accrued through that date. You must comply with all of these Terms of Service and this website or we may cancel your Service. 1. Cancellation: a) You may cancel your Month to Month Membership at any time by notifying our customer support department in writing. Your cancellation will become effective on your next membership "cycle date," which is the next month anniversary of your initial activation date (i.e., if you activated your Membership on January 15th and cancel on April 1st your Membership will end on April 15th). b) Services that are not on a month to month term will continue for the length of the agreed to term and may not be cancelled by either party unless agreed to in writing by both parties. 2. Refunds: If you cancel your Membership, no refund will be given for any remaining amounts paid for that billing cycle. IN THE UNLIKELY EVENT THAT WE CEASE PROVIDING THE SERVICE, WHETHER AS A RESULT OF A LIQUIDATION, BANKRUPTCY, OR OTHERWISE, ALL PREPAID MEMBERSHIPS WILL BE TREATED AS NONREFUNDABLE.
G. DISCLAIMERS/LIMITATION OF LIABILITY
1. Disclaimers: YOU UNDERSTAND AND AGREE THAT THIS WEBSITE AND THE CONTENT AND FUNCTIONALITY OF THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE." SWT International, Inc. MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE OR OTHER SERVICE THAT YOUR ACCESS TO OR YOUR USE OF THE SERVICE OR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR TIMELY WITH ALL UPDATES. ALL SUCH WARRANTIES (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT) ARE HEREBY DISCLAIMED. 2. Limitations of Liability: IN NO EVENT ARE WE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, OR LOSSES RELATING TO THE USE, LOSS OF USE OR DATA, OR PURCHASE OF ANY EQUIPMENT OR YOUR PURCHASE OR USE OF THE SERVICE, OR FROM ANY CONTENT POSTED ON OUR WEBSITE BY US OR ANYONE ELSE, WHETHER BASED ON NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, WHETHER ARISING OUT OF BREACH OF AGREEMENT, TORT OR ANY OTHER CAUSE OF ACTION RELATING TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. IN NO EVENT WILL THE AGGREGATE OF EACH OF SWT’S LIABILITY FOR ANY AND ALL OF YOUR CLAIMS, OR ANY THIRD PARTY CLAIMS, AGAINST US, AND OUR PROGRAMMING OR DATA SUPPLIERS, SERVICE PROVIDERS, MARKETING/DISTRIBUTION SOFTWARE OR INTERNET SUPPLIERS OR HARDWARE OR SOFTWARE MANUFACTURERS, OR SUPPLIERS, CONTRACTORS AND LICENSORS, OR INDEPENDENT SELLERS, ARISING OUT OF OR RELATED TO, DIRECTLY OR INDIRECTLY, THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS PURSUANT TO THESE TERMS OR BY THE NEGLIGENCE, ACTIVE OR PASSIVE, OF SWT, OR YOUR ACCESS TO OR USE OF OR INABILITY TO USE THE SERVICE OR THIS WEBSITE, EXCEED THE PRICE PAID BY YOU TO EXPECT SUCCESS COACHING AND TRAINING HEREUNDER FOR THE MOST RECENT SIX MONTHS OF SERVICE IMMEDIATELY PRIOR TO THE SPECIFIC EVENT WHICH GAVE RISE TO THE APPLICABLE DAMAGE OR LOSS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK. THIS ALLOCATION OF RISK AND THE DISCLAIMER OF WARRANTIES HEREIN ARE REFLECTED IN OUR PRICES AND ARE A FUNDAMENTAL ELEMENT OF OUR AGREEMENT TO PROVIDE THE SERVICE. YOU MAY HAVE GREATER RIGHTS THAN DESCRIBED ABOVE UNDER YOUR STATE'S LAWS. 3. Your Risk: YOU AGREE THAT YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE OR THE WEBSITE IS AT YOUR SOLE RISK. YOU WILL NOT HOLD US, OUR PROGRAMMING OR DATA SUPPLIERS, SERVICE PROVIDERS, MARKETING/DISTRIBUTION, SOFTWARE OR INTERNET SUPPLIERS, OR HARDWARE OR SOFTWARE MANUFACTURERS, OR SUPPLIERS, OR OUR CONTRACTORS OR LICENSORS, AS APPLICABLE, RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOST PROFITS RESULTING FROM YOUR ACCESS TO OR USE OF, OR INTERRUPTIONS IN THE TRANSMISSION OR RECEPTION OF THE SERVICE, THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY OR GUARANTEE IN ANY WAY WHATSOEVER RELATING TO THE SERVICE OR WEBSITE. 4. Third Parties: THE THIRD PARTY LINKS, SERVICES, GOODS, RESOURCES AND CONTENT AVAILABLE ON THE SERVICE AND THROUGH LINKS ON THIS WEBSITE ARE NOT CONTROLLED BY US. ACCORDINGLY, WE MAKE NO WARRANTIES REGARDING SUCH THIRD-PARTY SERVICES, GOODS, RESOURCES, AND CONTENT, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. WE WILL NOT BE LIABLE FOR YOUR ACCESS TO, USE OF OR DOWNLOADING OF CONTENT AVAILABLE ON OR THROUGH, THE SERVICE OR WEBSITE. WE ARE NOT LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OR LOSSES CAUSED BY YOUR USE OF THIRD-PARTY WEBSITES. YOU ASSUME FULL RESPONSIBILITY WHEN YOU CHOOSE TO FOLLOW ANY LINKS ON THIS WEBSITE THAT LEAD TO THIRD-PARTY WEBSITES. 5. State Law: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 6. Miscellaneous: UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. OUR LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. 7. Indemnification: EXCEPT FOR WILLFUL MISCONDUCT ON THE PART OF SWT, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SWT International, Inc. AND ITS AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, OFFICERS, AGENTS, EMPLOYEES, LICENSORS AND SERVICE PROVIDERS, FROM ANY AND ALL CLAIMS, LIABILITY AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES), WHETHER IN TORT, CONTRACT OR OTHERWISE, RELATING TO OR ARISING OUT OF YOUR USE OF THE SERVICE AND ANY BREACH OF THESE TERMS OF SERVICE, APPLICABLE LAW OR ANY RIGHT OF THE INDEMNIFIED PARTIES OR ANY THIRD PARTY. THIS INDEMNIFICATION OBLIGATION INCLUDES THE ACTS OR OMISSIONS OF ANYONE ACCESSING THE SERVICE USING YOUR LOGIN ID, WITH OR WITHOUT YOUR PERMISSION.
H. RESOLVING DISPUTES
PLEASE READ THIS PROVISION OF THIS SECTION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR, OR A PANEL OF ARBITRATORS, INSTEAD OF A JUDGE OR JURY. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, BUT THEY CHOOSE TO HAVE ANY DISPUTES RESOLVED THROUGH ARBITRATION. In order to expedite and control the cost of disputes, you agree that any legal or equitable claim relating to the Service, the Website, your Membership or these Terms (a "Claim"), will be resolved as follows: 1. Informal Claim Resolution: To initiate an informal resolution to a Claim, you must send a notice by first class United States mail to Expect Success Global, 140 Moonlit Trail, Flagstaff, AZ 86005, (a "Notice"). Neither of us may start a formal proceeding (except for Claims described in subsection 3 below) for at least 60 days after one of us notifies the other of a Claim in writing. If we initiate a Claim, we will send our notice to the billing address on file with us. 2. Formal Resolution: If we cannot resolve a Claim informally, including any Claim between us, and any Claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future Claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, then these Claims shall be resolved, upon election by either party, exclusively and finally by binding arbitration. The party initiating arbitration must choose one of the two arbitration firms listed below and follow its rules and procedures in effect at the time the Claim is filed. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating an arbitration by contacting them. American Arbitration Association 1633 Broadway, 10th Floor New York, New York 10019 Web site: www.adr.org (800) 778-7879 National Arbitration Forum P.O. Box 50191 Minneapolis, MN 55405-0191 Web site: www.adrforum.com (800) 474-2371 This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. 3. Exceptions: Notwithstanding the foregoing, any dispute involving a violation of the Communications Act of 1934, 47 U.S.C. §605, or the Electronic Communications Privacy Act, 18 U.S.C. §§2510-2521, may be decided only by a court of competent jurisdiction. 4. Small Claims: Instead of proceeding to arbitration, either you or we have the option to pursue a Claim in small claims court (or the equivalent) so long as 1) the Claim remains in that court, and 2) is made solely on our behalf (if brought by us), or on your behalf. However, if that Claim is transferred or appealed to a different court, we reserve our right to elect arbitration. 5. Individual Claims: If either of us elects to resolve a claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Subscribers or persons similarly situated. The arbitrator's authority to make awards is limited to awards to you and us alone. Furthermore, Claims brought by you and against us, or by us against you, may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless agreed to in writing by all parties. 'Claim' (as defined in this section above) does not include any challenge to the validity and effect of the class action waiver in this subsection 5, which must be decided by a court. 6. Severability: If any portion of this arbitration agreement cannot be enforced, that portion will be severed, and the rest of the arbitration agreement will continue to apply, provided that the entire arbitration agreement shall be null and void if the class action waiver in subsection 5 above is held to be invalid with respect to any class or representative Claim, subject to any right to appeal such holding. 7. Binding Effect: In the arbitration proceeding, the arbitrator must follow applicable law, and any award may be challenged, as set forth in the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator's decision is final and binding on all parties and may be enforced in any federal or state court with jurisdiction.
1. Notices: Notices to you will be deemed given when deposited in the mail or when sent by email. Notices may be included in statements or other communications to you. We may also provide notice to you by telephone, which will be deemed given when a message is left with you, someone answering the telephone at your residence or on an answering machine or voice mail system at your phone number on record with us. Your notices to us will be deemed given when we receive them in writing at the address, set forth above at “CONTACT INFORMATION.” 2. Assignment of Account: We may assign your account and all rights and/or obligations hereunder to any third party without notice for any purpose, including, without limitation, collection of unpaid amounts, in the event of an acquisition, corporate reorganization, merger or sale of substantially all of our assets to another entity. You hereby consent to such assignment. You must continue making all required payments to us in accordance with your billing statement, unless notified otherwise. 3. Photographic and Written Testimonial Release: You authorize SWT International, Inc. or its agents or contractors to make and use photographs or audio or videotape of me and/or my children at any EXPECT SUCCESS GLOBAL event for the purpose of marketing, training, or for use in the creation of future products. Affiliates authorize EXPECT SUCCESS GLOBAL or its agents or contractors to use any written testimonials given to them for the purpose of marketing, training, or for use in the creation of future products. 4. Termination: We may terminate your right to use our website or services at any time and without notice. We will terminate your right to use our website or services if you violate any of these Terms of Service or any other policy posted on our website, or if we become aware that you are a copyright infringer. 5. Full Agreement: These Terms and any other Terms agreed to in writing regarding a specific product or service constitute the entire agreement between us concerning your access to and use of the Service or website and may be modified by the unilateral amendment of these Terms and the posting by us of such amended version. No salesperson, affiliate, or other representative is authorized to change it for you. If any provision is declared by a competent authority to be invalid, that provision will be deleted or modified to the extent necessary, and the rest of these Terms will remain enforceable. Any specific Terms that expressly or by their nature survive termination shall continue thereafter until fully performed. A waiver of any of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. 6. Applicable Law: The interpretation and enforcement of these Terms shall be governed by the rules and regulations of the State of Arizona and other applicable federal laws. These Terms are subject to modification if required by such laws. Notwithstanding the foregoing, Section H. shall be governed by the Federal Arbitration Act without reference to state law.