Terms of Service for The Power of Five Book & Digital Video Course

This agreement (Agreement) is between the Virtual Pass Attendee (VPA) and the digital video course delivery partner, The John Maxwell Company (JMC), whereby VPA agrees to receive on-demand recorded Access of the broadcasted event from the time of purchase by Internet HD Downlink (DOWNLINK), unless otherwise specified.

Please review all sections of the Agreement, then accept the Agreement on the checkout webpage (via checkbox and checkout button at the end of the checkout page), and execute this Agreement by paying the Virtual Pass Fee, listed on the order page. This Agreement is considered executed and active when checkbox is checked acknowledging you have read and agree with the terms, and when the payment has been received by JMC.

Virtual Pass Attendee Definition

VPA referenced in this agreement constitutes any JMC virtual Pass license purchased and delivered by JMC. It includes any extra Passes purchased at the time of sale, by any one individual with the intent of extending their personal access, or gifting a Pass to a friend, co-worker, or team member.

Online Delivery Platform - LeaderPass

The EVENT broadcast will be available through transmission in High Definition via broadband Internet through LeaderPass, the provided technology platform. The VPA license includes access to LeaderPass for the duration specified at the time of sale. LeaderPass is the only viewing option and will require an internet link or mobile data connection, just like any website or online app. The LeaderPass platform will the only software used to deliver the simulcast program, and requires an individual access generated at the time of sale and activated with the purchasing email and user generated password. Individual access to view the JMC program through LeaderPass may also be granted through an invitation link or code, provided by an existing LeaderPass user.

Group Viewing Requirements

With this Agreement, VPA is limited to one Pass, unless additional seats are selected, for additional fees, upon checkout. Group viewing is encouraged but each individual in attendance will need to have their own a VPA license, viewable only through LeaderPass.

Technology Requirements

Technology requriements to view the simulcast in full 1080 HD is to have 2Mbps of broadband internet access, the day of the program. VPA is responsible for their own internet connection, which they acknowledge and understand could affect the viewing capabilities. If VPA does not have sufficient bandwidth to watch the simulcast, it is the responsibility of the VPA to troubleshoot with their internet provider. It is not the responsibility of JMC, nor LeaderPass customer support to fix the VPA internet connection. It is the sole responsibility of the VPA to remedy their bandwidth or internet connection issues.

Failure: JMC nor LeaderPass nor its subsequent companies are responsible for any internet connection failure due to issues with your ISP (Internet Service Provider), any interruption(s) due to fiber cuts or any other physical damage on the "last mile" connection (the connection from the telecounications demarc to VPA’s on premise wiring), any on-site malfunctioning of equipment (including, but not limited to, routers/firewalls, cabling, computer equipment, servers, etc.), or signal interruption(s) due to acts of God, power failure or any other cause beyond reasonable control.

VPA recognizes that some territories outside of the United States carry certain bans on internet use, websites, video platforms such as Vimeo, Youtube, and others - and therefore might limit the delivery of the JMC event. It is the VPA's responsibility to determine thier capabilities prior to purchasing a Pass, in order to insure their own viewing rights in case they fall within one of these unknown territories.

Intellectual Property

JMC reserves all rights to, and VPA acknowledges and agrees that, all right, title and interest in and to (i) the simulcast, the broadcast of and recording of the simulcast, the simulcast name, logo, and related marks, and the simulcast program content (including but not limited to, the images, audio or video content, scripts, and other materials developed by or under license to JMC used in the transmission of or to support the broadcast of the EVENT), (ii) any and all advertising, marketing, publicity and promotional materials and other materials developed and/or provided by JMC in connection with the simulcast, (collectively, JMC Marketing Materials), and (iii) all other advertising, marketing, publicity and promotional materials and other materials relating to or furnished in connection with the simulcast, including, without limitation, all ideas, creations, properties, and other tangible and intangible materials, and the copyright therein, shall be, become and remain the sole and exclusive property of JMC or it's strategic partners.

VPA agrees not to share LeaderPass access, tape, transcribe, reproduce, resell, repurpose, or store any part of the simulcast presentation in electronic, written, audio, or video format for any other use, whether for itself or any other purpose or for any third party without the express written consent of JMC. VPA hereby acknowledges that JMC is offering the simulcast to VPA which has no license or ownership to the broadcast downlink or the Online App except for viewing on the day of the simulcast (or on the day of the specified access window showings of a recording of the broadcast of the simulcast, if specified in this Agreement) and will only be used as licensed and not for any commercial use.

Speakers and Broadcast

JMC reserves the right to substitute speakers due to illness, force majeure events, death, or speaker cancellation or make program changes as the producer of the Event to ensure the continuity of the programming. JMC and the simulcast Sponsors do not necessarily endorse the opinions or commentary expressed in the speaker's presentations. In addition, JMC reserves the right, in its sole and absolute discretion, to at any time change, revise, and/or replace the simulcast schedule and format, the simulcast speakers, the simulcast name, logo and marks, the JMC Marketing Materials, and other matters or materials relating to the simulcast and the marketing of the simulcast.

Furthermore, VPA may not film, videotape, photograph, or record the simulcast in any media whatsoever. In the event of any violation of this paragraph by VPA, in addition to the other remedies provided by the terms of this Agreement for breach of this Agreement, JMC may refuse to provide the broadcast of the simulcast to VPA.

Indemnification

VPA shall defend, indemnify and hold JMC, the simulcast sponsors, and their affiliates, and the directors, officers, employees, agents and representatives of such entities harmless from and against any and all losses, liabilities, claims, demands, causes of action, damages, fines, penalties and expenses, both direct and indirect (including without limitation reasonable legal and accounting fees and expenses) resulting from or arising out of: (1) VPA's conduct, acts or omissions, (2) any personal injury, death, property damages, or damages of any other kind associated with VPA's viewing of the broadcast of the EVENT at VPA's location; (3) the performance or non-performance of VPA's obligations hereunder, or (4) a breach by VPA of this Agreement.

Payment and License Fees

VPA agrees to pay JMC a VPA Fee based on the amount of VPA seats selected by VPA upon checkout, in accordance to the pricing structure outlined on the checkout page. In order to secure and obtain the rights to the simulcast VPA License, a fee payment based on the amount of VPA seats selected by VPA is due with the execution of this Agreement.

VPA authorizes JMC to charge this credit card entered on the JMC owned website as noted in the Payment and License Fees section of this Agreement. VPA agrees this credit card may be debited for the full amount, at the execution of this agreement.

Cancellation and Refund Policy

Due to the nature of the content being delivered digitally, we must adhere to a strict no-refund policy. While we are always here to help in any way, we cannot offer your money back after the time of purchase. Please submit a request through our Contact form, if you feel that your order was placed in error or if their is any fraudulent activity that resulted in your card being charged.

If VPA must cancel, VPA will forfeit any VPA license fee payments paid to JMC as part of this Agreement. JMC will consider allowing the payment made by VPA to be used as a credit toward future programming, if VPA would like to participate in events, at a later date.

VPA understands that buy purchasing a VPA license forfeits their right to do any credit card chargebacks in relation to the JMC events. VPA agrees to refrain from credit card or bank chargebacks and their refusal to do so will result in a $25 fee to cover JMC merchant costs.

Multiple Product Orders

For multiple product orders, we will make every attempt to ship all items contained in that order at the same time. Orders containing pre-sale products will ship when the pre-sale product is released. We will contact you regarding any orders of out-of-stock items for your guidance on how to process the order, including but not limited to processing your order at a later date or cancelling & refunding your order.

Order Acceptance Policy

Your receipt of an electronic order confirmation does not signify our acceptance of your order. The John Maxwell Co Store reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item. The most likely scenarios that will effect your order to not be shipped are:
- incomplete address
- potentially fraudulent order
- any order containing a pre-sale item
- any order on backorder
If we encounter any order that meets any of the criteria above, we will require further communication in order to solidify your order for processing.

Out-of-Stock Products

We will ship your product as it becomes available. Usually, products ship by the next business day. However, there may be times when the product you have ordered is out-of-stock or a pre-sale order, which will delay fulfillment of your order. In general, pre-sale items and any other non-digital items purchased in the same order as a pre-sale item will be released at the same time. For out-of-stock items, we will seek your guidance on how to proceed with your order, including shipping at a later date or cancelling & refunding your order.

Returns of Physical Products

You may return most new, unopened items within 30 days of delivery for a full refund. We will gladly accept the return of products that are defective due to defects in manufacturing and/or workmanship. We'll also pay the return shipping costs if the return is a result of our error.

You should expect to receive your refund within three weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (2 to 4 business days), and the time it takes your bank to process our refund request (2 to 4 business days).

Shipping Policy for Physical Products

Orders commonly ship within 2 business days. For domestic orders, FedEx is the preferred carrier. We provide tracking and guarantee orders shipped via FedEx. Please see the below chart for estimate arrivals on available shipping methods for US customers. Items shipped with the Standard Shipping method are typically delivered in up to 10 business days.

Orders shipped via Standard Shipping are usually sent via FedEx SmartPost or USPS First Class Mail or Priority Mail, all of which are delivered by the USPS. JMC reserves the right to use any shipping method that will ensure orders arrive within these shipping & handling times.

We do not accept PO Boxes for FedEx orders. Orders shipped to military addresses can only be shipped via USPS. Please add 1-3 additional handling days for orders shipped to military addresses.

Taxes

Our store will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the same state/province where this store holds a presence. For orders shipped to other areas, you (the shopper) are solely responsible for any sales taxes and/or other taxes that may apply.

Typographical Errors

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, JMC shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. JMC shall also have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, JMC will issue a refund to your card in the amount of the incorrect price.

Notices and Contact

All notices, requests, and other communication under this Agreement must be in writing, and must be submitted by email with request of a delivery receipt to SITE as noted in the opening section of the Agreement for the Primary contact or JMC as noted below. Either party may change its mailing address by notice as provided by this section.

Contact JMC:
The John Maxwell Company
2170 Satellite Blvd Ste 195
Duluth, GA 30097-4971
USA
or through the contact form

No Professional Advice

The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, therapeutic, or legal matters.

In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors and suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites.

Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

Governing Law and Jurisdiction

This Agreement and the performance hereunder shall in all respects be governed by the substantive laws of the State of Georgia without regard to its conflicts of law rules. All disputes arising in connection with this Agreement shall be brought exclusively in the State Courts of Georgia in, or the United States Federal Courts for Georgia. Each party consents to the personal and subject matter jurisdiction of such courts for said purposes and waives any defense with respect to any such action based upon forum non conveniens or lack of personal or subject matter jurisdiction.

Digital Agreement

This Agreement is executed by you the VPA on the JMC website. By selecting the box on the online checkout page, and completing payment, you agree to all terms and conditions in this Agreement.


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