This Commercial Empire: Virtual Event Agreement (including Appendix A and all other matters incorporated herein by reference, the "Agreement") is made and entered into on [Today’s Date] by and between the undersigned (the "Student” or "you") and Legacy Wealth Education LLC d/b/a Commercial Empire (the "Company"). By their signatures below, the Company and the Student agree to be bound by the Terms & Conditions as follow:
Terms & Conditions
- ACKNOWLEDGMENT OF AUTHORITY AND BINDING AGREEMENT. Please read the Agreement in its entirety before signing. By signing this Agreement, you warrant that you are at least eighteen (18) years of age; you have read and understand the Terms & Conditions of this Agreement; you agree to be legally bound to the Terms & Conditions of this Agreement; and you have the authority to accept the Terms & Conditions of this Agreement on behalf of yourself in an individual capacity or, if applicable, on behalf of a company, brokerage, or other business entity that you represent.
- VIRTUAL EVENT. The Company shall originate a virtual conference (or series of conferences) and create a related agenda and “Content” described under this Section 2 as follows (collectively, the “Virtual Event”):
- Origination: The Virtual Event shall be a strictly online-based virtual conference, or series of conferences, originated by the Company to be accessed electronically through audio and/or video means by students, including you, and the Company and its representatives and contractors, and any other parties as may be expressly authorized by the Company. You acknowledge and agree that, in order to originate the Virtual Event, the Company relies on, and your access and participation in the Virtual Event may require you to use, certain third-party products, services, platforms, and providers (e.g. Zoom Video Communications). You agree to be bound by the terms of service for any necessary third-party providers. You further acknowledge and agree that the Company does not make any representations or warranties as to, shall not be responsible for, and does not assume responsibility for performance, failures, products, services, platforms, websites, advertisements, offers, data collection, privacy, or other actions, omissions, services or property of said third parties, including without limitation issues of compatibility or other failures of any nature by said third parties.
- Agenda and Content: The Company shall provide, in a format to be determined by the Company at its sole discretion, an agenda setting forth any proposed content to be provided by the Company as part of the Virtual Event. Any content of the Virtual Event to be provided by, or professionally contracted for by, the Company, including for example and without limitation (i) any trainer, speaker, panelist, presenter or other professional contributor; (ii) any topics or ideas of discussion and sub-events made part of a conference, such as presentations, one-on-one coaching, or Q&A forums, and (iii) any documented information, data, writings, tools, graphics, or other related information, and any discussion of the same, as may be provided to you as part of the Virtual Event or any sub-event, or as may be provided in any other form in connection with the Virtual Event, including without limitation access to social media of or affiliated with the Company (“Materials”) (collectively, the “Content”) shall be selected and provided by the Company at its sole discretion. The Company retains the unilateral right, without notice to you and at any time prior to or during the Virtual Event or any sub-event, to add, remove, expand, limit, extend, discontinue, or otherwise modify, in whole or part, the agenda and Content, without refund or other liability of any nature of the Company to you. Upon request of the Company, you shall return all Materials made available or supplied by the Company to you, and all copies and reproductions and notations concerning the same.
- Training Course Start and End Dates: The Virtual Event shall occur on the dates listed on the Commercial Empire website at time of registration and payment. These dates and times are subject to change, in the Company’s discretion, upon notice to you and without refund or other liability of any nature of the Company to you.
- LICENSE. Company grants you a non-exclusive, limited, non-transferable and revocable license to attend the Virtual Event, participate where expressly permitted by the Company in the Virtual Event, and use any Materials solely in connection with your participation in the Virtual Event and only as directed by the Company or its representatives. This license terminates upon the earliest of the conclusion of the Virtual Event, your affirmative cessation of attendance to the Virtual Event, or the termination of this Agreement. This license is exclusively for your personal, non-commercial use only. Except for your personal use in participating in the Virtual Event, you agree not to archive, download, reproduce, broadcast, transmit, distribute, modify, publish, or otherwise display to anyone Content and other information contained on or obtained from or in connection with the Virtual Event without express written permission from the Company (and/or other interest holders as may be applicable).
- RULES. Your access to and participation in the Virtual Event is conditioned at all times upon (i) your compliance with the terms of this Agreement and (ii) your behavior during the Virtual Event in a lawful and civil manner, as determined by the Company in its sole discretion. Without limiting the generality of the foregoing, the Company reserves the right to create and enforce, from time to time and upon notice to you, rules of conduct governing your participation in the Virtual Event.
- REFUNDS. All refund requests must be sent to the Company, via e-mail, to firstname.lastname@example.org, and must include in the subject line: "Request for Commercial Empire Virtual Event Refund.” Upon receipt, the Company will contact the you and provide a request for refund form, schedule an exit/refund interview, and provide any further necessary instructions.
Notwithstanding the limitations on refunds elsewhere in this Agreement, you shall receive a refund only if all of the following conditions are satisfied: (1) the Company receives the your refund request by 12PM of the first day of the Virtual Event; (2) you complete (i) a request for refund form, sent to the Company at the email address provided above, and (ii) an exit/refund interview conducted with a Company representative; and (3) at the time of the request, you have not defaulted on any provision of this Agreement. You acknowledge and agree that these requirements must be completed prior to a refund being issued.
In the event of an emergency, and so long as you immediately notify the Company and are not in default of this Agreement, the Company will allow a single rescheduling of the Virtual Event with a charge of $100.00, which charge may be waived by the Company in its sole discretion.
- NON-DISPARAGEMENT. You agree not to intentionally make, or intentionally cause any other person or entity to make, any public statement that is intended to criticize or disparage the Company, any of its affiliates, or any of their respective officers, managers, or directors. This Section 7 shall survive the termination of this Agreement.
- LIMIT ON LIABILITY. You agree that the Company shall not be liable for any damages that may occur to you as a result of your participation in the Virtual Event, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the value of your Fee paid to the Company. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind. This Section 8 shall survive the termination of this Agreement.
- INDEMNIFICATION. To the fullest extent permitted by law, you agree to indemnity and hold harmless the Company, its affiliates, and their officers, owners, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, speakers, presenters, from any cost or expense of any nature arising in connection with your breach of this Agreement or negligent or intentional acts or omissions. This Section 9 shall survive the termination of this Agreement.
- CONFIDENTIALITY AND I.P. Except as set out in Section 10(b) below, "Confidential Information" means any information that the undersigned learned, learns, or obtains during or in connection with the Virtual Event regarding the Company or generally relating to the operation of the Company’s business that: (i) derives independent economic value, actual or potential, from not being generally known to, or not being readily ascertainable through proper means by, other persons who can obtain economic value from its disclosure or use, and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy, in each case, whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as "confidential". Confidential Information includes but is not limited to any information, documents, systems, processes, resources, or materials disclosed or presented by Company as part of, or in connection with, the Virtual Event.
- You shall protect and safeguard the confidentiality of all such Confidential Information with at least the same degree of care as you would protect your own confidential information, but in no event with less than a commercially reasonable degree of care; not use the Company’s Confidential Information, or permit it to be accessed or used in any manner to the Company’s detriment, including through dissemination of the information or materials to others except after express, written consent of Company; and not disclose any such Confidential Information to any person or entity.
- As used in this Agreement, Confidential Information does not include information that at the time of disclosure is, or thereafter becomes, generally available to and known by the public other than as a result of, directly or indirectly, any violation of this Section 10; at the time of disclosure is, or thereafter becomes, available to the undersigned on a non-confidential basis from a third-party source, as established by documentary evidence, provided that such third party is not and was not prohibited from disclosing such Confidential Information to the undersigned by a legal, fiduciary, or contractual obligation to the Company; was known by or in the possession of undersigned or his representatives, agents, or affiliates as established by documentary evidence, before being disclosed by or on behalf of the Company; or was or is independently developed, as established by documentary evidence, without reference to or use of, in whole or in part, any of the Company’s Confidential Information.
You Acknowledge and agree that the Company hereby retains its entire right, title, and interest, including all intellectual property rights, in and to all of its Confidential Information. Any disclosure of such Confidential Information under this Agreement is not, and shall not be construed as, an assignment, grant, option, license, or other transfer of any such right, title, or interest whatsoever.
You may disclose the Confidential Information if and to the extent that such disclosure is required by applicable law, provided that (a) you use reasonable efforts to limit the disclosure by means of a protective order or a request for confidential treatment, (b) provide the Company a reasonable opportunity to review the disclosure before it is made, and (c) provide the Company a reasonable opportunity to interpose its own objection to the disclosure.
This Section 10 shall survive the termination of this Agreement. Except protect proprietary or confidential information provided greater protection as a matter of law, which shall continue thereafter, this Section 10 will remain in effect for five (5) years after the date of the last disclosure of Confidential Information hereunder.
You acknowledge that the unauthorized use or disclosure of the Confidential Information would cause irreparable harm to the Company. Accordingly, the you agree that the Company will have the right to obtain an immediate injunction against any breach or threatened breach of this Section 10, as well as the right to pursue any or all other rights and remedies available at law or in equity for such a breach.
- ENTIRE AGREEMENT. This Agreement supersedes all other agreements, either verbal or in writing, between the parties hereto with respect to the subject matter of this Agreement. This Agreement may be modified at any time by written consent of the parties.
- SEVERABILITY. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
- APPLICABLE LAW. This Agreement shall be deemed to have been made in the State of Ohio and venue shall be in Cuyahoga County, Ohio. In any litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and costs, including those incurred on appeal.
Appendix A: Performance Disclaimer
THE VIRTUAL EVENT AND ALL INFORMATION OF ANY NATURE PROVIDED BY OR THROUGH THE COMPANY, INCLUDING WITHOUT LIMITATION THE CONTENT, ARE FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY NATURE CONCERNING ANY INFORMATION PROVIDED DURING OR IN CONNECTION WITH THE VIRTUAL EVENT, INCLUDING WITHOUT LIMITATION ITS ACCURACY OR COMPLETENESS. THE STUDENT ACKNOWLEDGES AND AGREES THAT THE STUDENT ALONE IS RESPONSIBLE FOR THE OUTCOME OF ANY AND ALL DECISIONS MADE AS A RESULT OF ANY INFORMATION PRESENTED BY THE COMPANY, AND THE STUDENT ACCEPTS ALL RISK ASSOCIATED WITH THE STUDENT’S RELIANCE ON ANY INFORMATION OBTAINED FROM OR IN CONNECTION WITH THE VIRTUAL EVENT. FOR ILLUSTRATION BUT WITHOUT LIMITING THE FOREGOING:
AS WITH ANY ECONOMIC ACTIVITY, THERE ARE KNOWN AND UNKNOWN RISKS ASSOCIATED WITH ENGAGING IN REAL ESTATE TRANSACTIONS. SOME RISKS ARE SUBSTANTIAL. THE STUDENT SHOULD EVALUATE WHETHER EACH REAL ESTATE ACTIVITY IS SUITABLE FOR THE STUDENT. BEFORE TAKING ANY ACTION, THE STUDENT SHOULD DO HIS/HER OWN DUE DILIGENCE, USE CAUTION, AND SEEK THE ADVICE OF QUALIFIED PROFESSIONALS IN THE STUDENT’S MARKET AREA, INCLUDING CONSULTING WITH AN ACCOUNTANT, ATTORNEY, REAL ESTATE BROKER, AND FINANCIAL ADVISOR, PRIOR TO ENGAGING IN ANY REAL ESTATE TRANSACTION.
FURTHERMORE, WHENEVER SPECIFIC INCOME AND EARNINGS EXAMPLES ARE USED BY THE COMPANY, THESE ARE NOT TO BE INTERPRETED AS TYPICAL RESULTS FOR THE AVERAGE STUDENT. ANY EARNINGS OR INCOME STATEMENTS, OR EARNINGS OR INCOME EXAMPLES, ARE ONLY EXAMPLES OR ESTIMATES OF WHAT MAY BE EARNED. THERE IS NO ASSURANCE THAT EARNINGS OR INCOME WILL MATCH THAT OF THE FIGURES WE PRESENT, OR THAT THE STUDENT WILL PROFIT AT ALL, FROM ANY GIVEN TRANSACTION OR INVESTMENT. THE STUDENT SHALL NOT RELY UPON THE COMPANY’S EXAMPLES, ESTIMATES, OR FIGURES. THE TERMS OF THIS APPENDIX A SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.