NETWORK MARKETING PRO EVENT & PRODUCT TERMS & CONDITIONS
These Terms and Conditions (these “Terms”), together with the terms stated in the online order form accepted by Network Marketing Pro, Inc. (“NMP,” “we,” or “us”) to which these Terms are linked, attached, or incorporated by reference (the “Order”) and any terms, conditions, policies, or document referenced in these Terms (collectively, the “Agreement”) constitute a binding agreement between NMP and the person named in the Order, such person’s permitted transferee, Guest (as defined below), or any attendee (“Attendee,” “you,” or “your”) concerning the conference, meeting, or event (live and either in-person or remote) (the “Event”) or service to access pre-recorded content (the “Content”), in each case as referenced in the Order.
1. Binding Agreement. By submitting the Order or attending, accessing, or participating in the Event or Content you confirm, represent, and warrant that: (a) you have read and understand the Agreement and agree to bound by its terms and conditions; (b) you are 18 years of age or older or have legal capacity to enter into the Agreement; (c) if you are submitting the Order on behalf of another person, you have authority to act on such other person’s behalf; and (d) if these Terms permit and you attend any portion of the Event or access the Content with a spouse, child, significant other, or friend (each a “Guest”), you have authority to enter into the Agreement on behalf of the Guest or have obtained the Guest’s agreement to the Agreement.
2. Terms Applicable to Events and Content Services. The following terms and conditions apply to Events and Content services:
(a) Attendee Qualifications.
(i) The Order may state that attendance of or access to the Event or Content is only available to persons with certain qualifications. You may be denied access or entry if you do not meet the stated qualifications.
(ii) NMP only permits the transfer or redistribution of tickets or other access to the Event or Content only to Guests or to companies or individuals who are pre-approved by NMP in NMP’s discretion (an “Authorized Distributor”) and who distribute to those with whom the Authorized Distributor has an existing business relationship (for example, employment or upline). Authorized Distributors must provide the name and other information required by NMP for each Attendee by the date specified by NMP. Except for Authorized Distributors, NMP does not sell tickets or access to or accept tickets or access from third-party ticketing companies to Events and will not honor such tickets.
(b) Price and Payment.
(i) Fees. You will pay the price in accordance with the payment plan and terms set forth in Order. All sales are in U.S. Dollars and will be converted to your country’s currency by your Payment Method provider. Your Payment Method provider may impose fees or an unfavorable exchange rate associated with any conversion to U.S. Dollars. Prices do not include, and you will pay, any sales, use, value added, or other tax applicable to the sale. NMP reserves the right to change or cancel pricing or promotions at any time without notice.
(ii) Payment Method. You authorize NMP or its payment processor to charge your current, valid, accepted payment method (the “Payment Method”) for the price stated in the Order. If you pay an initial charge, down payment, or partial payment for the Event or Content services, you authorized NMP or its payment processor to charge the Payment Method for such additional charges at such times as stated in the Order until all amounts owed are paid in full. You will comply with all applicable terms and conditions of your Payment Method provider. You remain responsible for any uncollected amounts. You may update your Payment Method by contacting NMP customer service.
(iii). No Refunds. All sales are final. Except as expressly stated in the Agreement, no payments will be refunded or are refundable. Please note that you are still responsible for payment if you do not timely cancel as permitted by these Terms or even if you do not access or attend the Event or Content services.
(iv) Remedies. Without limiting any other remedy available, if you fail to pay any amounts when due, (i) NMP may charge you an additional late fee on any amount past due multiplied by one and a half percent (1.5%) per month or at the highest amount permitted by applicable law, whichever is less, until paid in full, and (ii) NMP may suspend access to or attendance at the Event, Content services, or any part at its discretion.
(c) Attendee Expenses and Obligations.
(i) Travel and Lodging. You are solely responsible for all costs and risk associated with attending an Event in-person, including without limitation, travel and lodging, visas, and travel permit, and any fees or costs if NMP changes an Event, including without limitation, cancellation fees or rebooking fees. During period in which national, state, or local health officials have issued warnings or restrictions applicable to the location where an Event is held, you may be required to agree to a waiver of claims and assumption of risks as a condition to attend the Event in-person.
(ii). Remote Access. You are solely responsible for all costs associated with connecting to and participating in an Event remotely or access the Content services, including without limitation, internet access with sufficient capacity, any and all computer equipment (including without limitation, webcam and microphone, laptops, cell phones, tablets, etc.), and software (including without limitation, the video conferencing software platform designated by NMP).
(iii). Third-Party Terms and Conditions. You may be required to agree to the terms and conditions of third parties to access, attend, or participate in the Event or Content services, which may include terms and conditions of the venue where the Event is held or of video conferencing software platform. If you fail to agree to such third-party terms and conditions, then your access, attendance, or participation in the Event or Content service may be denied to the extent that such third-party terms and conditions are required.
(d) Disclaimers and Obligations. The Event, any content provided at or in association with the Event, Content, and Content services are provided AS IS, AS AVAILABLE, and WITH ALL FAULTS, and NMP disclaims all representations or warranties, express or implied, including without limitation, regarding accuracy, completeness, timeliness, merchantability, fitness for a particular purposes, title, and non-infringement. Without limiting the foregoing, you agree:
(i) No Assurance of Success. The Event or Content may include presentations about income growth opportunities. You understand that there can be no assurance that any prior successes by other individuals, or past results in income earnings, can be used as an indication of your future success or results. You acknowledge monetary and income results are based on many factors. NMP disclaims any representations or warranties, express or implied, that you will get rich, that you will do as well, or that you will make any money at all, especially if you do not do the work required or you ignore or fail to follow advice presented to you. The products and services of NMP and others included or referenced in the Event or Content may have unknown risks involved and are not suitable for everyone. Making decisions based on any information presented in products, services, or web site used or referenced in the Event or Content should be done only with the knowledge that you could make no money at all. All products and services by NMP or others included or referenced in the Event or Content are for educational and informational purposes only.
(ii) Due Diligence. You are solely responsible for doing your own due diligence when it comes to making business and financial decisions and all information, products, and services that have been provided by NMP or at or referenced in the Event or Content should be independently verified by your own qualified professionals including checking with your accountant, lawyer, or professional advisor, before acting on this or any information.
(iii) Responsibility for Own Actions. NMP’s information, products, and services should be carefully considered and evaluated, before reaching a business decision, on whether to take any action (or refrain from acting). You agree that NMP is not responsible for the success or failure of your business decisions relating to NMP’s products or services or any information presented at the Event, in the Content, or elsewhere by NMP or others.
(e) Limitations of Liability. You agree that NMP is not liable for any special, indirect, incidental, exemplary, punitive, or consequential damages, or any damages whatsoever resulting from loss of profits or business opportunity, arising out of, in connection with, or related to the Agreement, the Event, content provided at or through the Event, the Content, Content services, NMP’s performance or non-performance, or for any other reason, whether in an action of contract or tort (including, without limitation, negligence), whether or not NMP has been advised of the possibility of such damages. In addition, NMP’s maximum liability and your sole remedies will not exceed the amounts actually paid by you to NMP with respect to the direct cause of the claim. You must promptly notify NMP in writing of any claim arising out of or related to the Agreement, the Event, content provided at or through the Event, the Content, Content services, or NMP’s performance or non-performance, but in no case more than 30 days after you knew or should have known of the claim. You may not maintain any such claim for which timely notice has not been made, but in no case more than one year after the cause of action accrues.
(f) Exclusions. The laws of some jurisdictions may prohibit the disclaimer of certain warranties or limitations on the remedies for their breach. To the extent any such laws apply and may not be waived by you, the applicable disclaimers and limitations of liability in these Terms are modified to the extent necessary to comply with just laws.
(g) Force Majeure. If NMP is unable to perform any obligation because of any event beyond its reasonable control and/or causes making it illegal, impossible, or commercially impractical, including without limitation, acts of God; strikes or labor disputes; failure of the internet, network, or communications providers; failure of venue or platform providers; delays or cancellations by transportation providers; or governmental orders or restrictions, NMP will be relieved from its performance to the extent, and for the duration, that such performance is delayed or prevented by such event or cause.
(h) Remedies. Without limiting any other remedies, if NMP seeks to enforce or choses to defend a claim arising out of or related to the Agreement, you will pay NMP’s costs and expenses arising therefrom or related thereto, including without limitation, attorneys’ fees, to the extent that NMP prevails in such enforcement or defense.
(i) Disputes. Any dispute, claim, or controversy arising out of or relating to the Agreement, the Event, content provided at or through the Event, the Content, Content services, including the determination of the scope or applicability of this provision, will be determined by arbitration in Las Vegas, Nevada under the commercial arbitration rules of the American Arbitration Association. Judgment on the award in the arbitration will be binding and may be entered in any court having jurisdiction. This arbitration provision will not preclude NMP from seeking provisional equitable remedies from a court of appropriate jurisdiction, and to the extent necessary to determine whether to grant any such remedy, to decide the underlying claims upon which any such remedy is sought, and such action or suit will not be considered a violation of the provisions of this provision. The fees and expenses of the arbitration and the arbitrator(s) will be borne equally by each party. You acknowledge that you had the opportunity to consult with any attorney or other advisor of your choice about this arbitration provision. Subject to the foregoing, any dispute arising out of or related to the Agreement or Event must be brought exclusively in a court sitting in Las Vegas, Nevada, except that NMP may seek temporary equitable remedies or enforce the orders of any court in any court of competent jurisdiction.
(j) General. The Agreement contains the complete agreement and understanding between you and NMP concerning its subject matter and supersedes all other agreements or understandings. Except as expressly provided otherwise in the Agreement, the Agreement may only be amended in a writing that is signed by NMP’s authorized representative. Any waiver by NMP of any obligation or remedy is not an ongoing waiver. Except as expressly permitted in the Agreement, you may not transfer, assign, or delegate any interest, right, or obligation under the Agreement. This Agreement is governed by Nevada law, excluding its rules on conflicts of law.
3. Terms Applicable to Events. The following Terms only apply to Events and not to Content services:
(a) Guests. Unless and to the extent NMP’s written rules allow, each Attendee must have their own paid ticket and no Guests are permitted. If NMP permits attendance or access by one or more Guests to an Event or portion of an Event, NMP may charge an additional fee for such attendance or access, which must be paid in full as a condition for Guest attendance or access.
(b) Changes to Event. NMP reserves the right, at its discretion, to change any and all aspects of the Event including, but not limited to, themes, content, agendas, speakers, coaches, trainers, guests, dates, and times. If NMP is unable to conduct an Event as planned for reasons outside of its control, NMP may postpone, change the time, change the location, or change the method of attendance (for example, to or from in-person or remote). NMP will notify you of changes to an Event, which notification will be in advance of the change if reasonably possible. Such notification may be by posting on NMP’s website, any website or social media site for the Event, email, or announcement at the Event.
(c) Attendance or Access.
(i) Personal Use. Your registration entitles you to access the Event (whether in person or remotely) and any provided materials and any access to social media accounts created for participants of the Event, all of which are solely for your personal use. Such access and materials are protected by copyright and, except as expressly permitted in these Terms, you may not share, sell, trade, transfer, or distribute such access, materials, or access. You must protect any ticket, password, or access credentials provided to you against unauthorized access or use. You must immediately notify NMP if your ticket, password, or access credentials are lost, stolen, or used without NMP’s authorization. Without limiting its other remedies, if NMP determines at any time that you have violated this provision, NMP may revoke your access or admission, retain any payments made by you, and ban you from future NMP events.
(ii) Translation. The content of the Event (whether spoken, electronic, or written) will be in English and any other language(s) stated in the Order (each a “Supported Language”). NMP will not provide you with official translations for the Event in any language other than a Supported Language. You may obtain, at your sole cost, simultaneous or nearly simultaneous translation services of the audio portion of the Event solely for your personal use and not for the use or benefit of any other person. No additional login or access credentials will be provided for any portion of the Event. Your translator must be physically present with you while accessing the Event using your personal login or access credentials on the same device. No additional login or access credentials or devices are permitted. Neither you nor your translator may record any portion of the Event or any translation thereof.
(iii) Recording. NMP grants you no right and you agree not to record any portion of the program of the Event, whether by audio, video, photography, or any other means, and you agree not to publish, post on the Internet, or otherwise make publicly available or publicly perform any recording of any portion of such program without express permission.
(iv) Use of Name and Likeness. By participating in the Event, you grant to NMP and its licensees, successors, and assigns the right to record, film, live stream, photograph, or capture, during any portion of the Event, your likeness, name, voice, and other attributes in any media now available or hereafter developed and to distribute, broadcast, use, or otherwise disseminate, worldwide, in perpetuity, such media and any modifications or derivatives thereto (alone or with other materials or information) for any purpose at the discretion of NMP, its licensee, and assigns, including without limitation, commercial, promotional, educational, or informational purposes, without any further approval from or any payment to you.
(v) Conduct. Your conduct during the Event must be respectful, considerate, and courteous towards and you must not engage in any misconduct, profanity, obscenity, bullying, badgering, or disruption of other attendees, speakers, NMP’s staff, and venue personnel. Without limiting its other remedies, if NMP determines at any time that you have violated this provision, NMP may revoke your accessor admission, retain any payments made by you, and ban you from future NMP events.
(d) Conversions and Transfers.
(i) Conversion Between In-Person and Remote Events. If an Event is offered both in-person and remotely, within 30 days prior to the start of the Event you may convert your in-person ticket for the Event to remote access for the Event, or subject to availability, you may convert your remote access for the Event to an in-person ticket for the Event. You must send an email to NMP’s customer service using the email address on the NMP website, you may be required to agree to any additional or different terms and conditions applicable to the transferred ticket or remote access, and you may be required to provide additional information necessary to identify you and your account. You may be required to pay additional fees for such transfer if the then-current price of the transferred ticket or remote access exceeds the price you previously paid to NMP.
(ii) Transfer to Other Person. Within 30 days prior to the start of the Event and if you have paid in full all amounts due or to come due, you may transfer your ticket or right of access to the Event to another qualifying person upon receipt of any email to NMP’s customer service using the email address on the NMP website. You may be required to provide additional information necessary to identify you and your account. Your transferee must agree to be bound to all of the terms and conditions of the Agreement. A transfer may only be completed by the person who purchased the ticket or right of access. If you obtained your ticket or right of access from an Authorized Distributor, you must contact such distributor to arrange for any ticket or right of access transfer request. Except as expressly permitted in this provision, you may not transfer or assign any interest under the Agreement.
(e) Giveaways. NMP may (but is not obligated to) provide giveaways, bonuses, or other prizes or benefits during the Event, including without limitation, access to other products or services (each a “Giveaway”). Access to or use of Giveaways is strictly conditioned on your compliance with all of the terms and conditions of the Agreement, including without limitation, timely payment of all amounts due or to come due to NMP and agreement to any terms and conditions applicable to the Giveaway. NMP may revoke any Giveaways if you breach any of your obligations.