Terms and Conditions - 10x Stage Agenct

1. INTELLECTUAL PROPERTY

A. You acknowledge and agree that all content and materials available on this site and any products or services you purchase from us are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. To the extent permitted by applicable laws, you also hereby confirm that you are not purchasing or accessing the materials of COMPANY for the purposes of creating a derivative product.

B. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site and any products or services you purchase from us are strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us using the contact information listed in the section entitled “Contacting Us”. You agree that by participation in or attending any COMPANY event, you expressly agree not to record by audio or video any portion of the event, nor will you publish, post on the internet or otherwise make publicly available any recording of any portion of the event. You also understand and agree that all written and/or electronic materials provided by COMPANY in connection with the event are protected by the copyright laws, and you agree not to use any and all such written/electronic materials (collectively, the “Materials”) in any form after the event, other than for your personal use. You further agree that, other than for your personal use, you shall not make any summary or other derivative work of the event or the Materials in electronic, written, audio, video or any other form, and post or publish online or otherwise distribute to any third parties any such summary materials.

C. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to the COMPANY through the web site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting the COMPANY, and anyone authorized by COMPANY, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant the COMPANY, and anyone authorized by the COMPANY, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate. For the sake of clarification, nothing contained in this section is meant to transfer ownership of any of my underlying intellectual property that I may share with the Companies. This provision is referring to the Impressions and recordings in which you appear.

2. ABILITY TO ACCEPT TERMS AND CONDITIONS

You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

3. REFUND POLICY

The COMPANY offers online registration for a number of its programs. Current refund policies are as follows, and may change from time-to-time. If the program or product is not listed below we do not offer refunds on those programs or products.

A. 10X STAGE AGENCY

1. The Client hereby acknowledges that there is a minimum commitment to join the 10X Stage Agency as a client, unless you are renewing your currently existing service (see Section A, Subsection I, Sub-subsection a below), and therefore, the minimum contracted term is that which is outlined in your signed Agreement (“Term”). The Client acknowledges that stages take time to cultivate (3 - 9 months) and results may not be experienced until 6 months into their contract. After this term, this contract will automatically renew on an annual basis (depending on your payment preferences) until either party gives notice in writing that they do not wish to continue the agreement with a minimum 30 days notice.
  1. The client renewing their currently existing service with Company, or its predecessor, acknowledges that there is a six (6) month minimum commitment to join the 10X Stage Agency as a RENEWING client, and therefore, the minimum contracted term is six (6) months from the end date of your previous contract with COMPANY. Said six (6) month renewal is hereinafter referred to as the “Renewal Term”. After this Renewal Term, this contract will automatically renew on a bi-annual basis (depending on your payment preferences) until either party gives notice in writing that they do not wish to continue the agreement with a minimum 30 days notice.
2. The Client hereby appoints and authorizes the 10X Stage Agency to serve as the Client’s agent to solicit, arrange, promote, and handoff opportunities for speaking engagements worldwide for the term hereof. Client will report on results of all conversations that result from efforts of 10X Stage Agency, whether or not Client won the stage. Client also acknowledges that 10X Stage Agency is not responsible for negotiating the opportunities on behalf of Client.
3. 10X Stage Agency will research and reach out to ten (10) speaking opportunities per month on behalf of Client.
4. Client agrees to schedule their Onboarding Strategy Call within fifteen (15) days of signing this contract and completing payment. If onboarding is not scheduled within 15 days, Client’s spot in the program may not be held and could be taken by a different client. Client agrees to remit payment to 10X Stages as per their specific contract they signed upon engaging 10X Stages agency services. Said contract stipulates that:
If multiple payments are selected to pay for the services, each payment will be auto-billed in 30-day increments).
If you are using a third-party lender, both merchant and transaction fees are a part of the terms of the loan and you understand you are responsible for these fees.
As per section A, Sub-part I above, there is a twelve (12) month minimum commitment when joining the 10X Stage Agency.
Changing your onboarding date will not result in a change to your payment plan dates above, and all scheduled payments are due as originally scheduled.

Client authorizes the company to charge your credit or debit card, or cash your check, as indicated, as payment for your participation as a client of the 10X Stages services. Furthermore, you agree that you are responsible for full payment of fees for the entire term of the program and/or post-term services, regardless of whether you have selected a lump sum or monthly payment plan.
If monthly payment becomes more than 10 days late, 10X Stages reserves the right to suspend all activity on Client’s behalf until all payments have been caught up per the payment schedule.
Upon termination of this contract, any outstanding conversations with opportunities will cease by 10X Stages and will be forwarded to the Client for continuation.
Other than with respect to your payment obligations hereunder, neither party shall be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, lockouts, fires, acts of God, or terrorism. Notwithstanding the foregoing, the affected party shall promptly provide written notice (i.e. email) thereof to the other party, which notice shall include a detailed description of the event of force majeure along with the affected party’s best estimate of the length of time such event will delay or prevent their obligations to the other party in this working relationship.
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION WITHIN THREE (3) BUSINESS DAYS FROM THE DATE OF THIS ORDER FORM by emailing [email protected]. To further clarify, no refunds will be issued after three business days, and all monthly payments must be paid on a timely basis.

B. 10X STAGES ON DEMAND

The Client hereby acknowledges that there is a twelve (12) month minimum commitment to join the 10X Stages On-Demand Product (“SOD”) as a client, but is more specifically described in the Agreement you signed when joining SOD. After this term, this contract will automatically renew on an annual basis (depending on your payment preferences) until either party gives notice in writing that they do not wish to continue the agreement with a minimum 30 days notice.
Client agrees to schedule their Program Kick-Off Call within fifteen (15) days of signing this contract and completing payment. Changing Client’s Program Kick-Off Call date will not result in a change to Client’s payment plan dates outlined in their agreement, and all scheduled payments are due as originally scheduled. Client agrees to remit payment to 10X Stages as per their specific contract they signed upon engaging SOD services. Said contract stipulates that:
1. If multiple payments are selected to pay for the services, each payment will be auto-billed on the 1st of every month.
2. If you are using a third-party lender, both merchant and transaction fees are a part of the terms of the loan and you understand you are responsible for these fees.
3. As per section A, Sub-part I above, there is at least a twelve (12) month minimum commitment when joining 10X Stages On Demand.
4. COMPANY is not associated or in any business relationship with any third-party lender made available for your use, and you are responsible for performing any due diligence with respect to your third-party lender. You agree that COMPANY is not liable for issues that arise from your use of a third-party lender, and if your Agreement is terminated for any reason, you may still be liable for payments under any lender agreement you sign.

Stages take time to cultivate (3 - 9 months) and results may not be experienced until 6 months into SOD. SOD is heavily dependent on the time and effort the Client applies to SOD to see successful results.
10X Stages is not responsible for negotiating the opportunities on behalf of SOD Clients.
Client authorizes the company to charge your credit or debit card, or cash your check, as indicated, as payment for your participation as a client of 10X Stages On Demand. Furthermore, you agree that you are responsible for full payment of fees for the entire term of the program and/or post-term services, regardless of whether you have selected a lump sum or monthly payment plan.
If monthly payment becomes more than 10 days late, 10X Stages reserves the right to suspend access to SOD until all payments have been caught up per the payment schedule.
Other than with respect to your payment obligations hereunder, neither party shall be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, lockouts, fires, acts of God, or terrorism. Notwithstanding the foregoing, the affected party shall promptly provide written notice (i.e. email) thereof to the other party, which notice shall include a detailed description of the event of force majeure along with the affected party’s best estimate of the length of time such event will delay or prevent their obligations to the other party in this working relationship.
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION WITHIN THREE (3) BUSINESS DAYS FROM THE DATE OF THIS ORDER FORM by emailing [email protected]. To further clarify, no refunds will be issued after three business days, and all monthly payments must be paid on a timely basis.

C. TRANSFERS FROM 10X STAGE AGENCY TO 10X STAGES ON DEMAND

On a case-by-case basis, Client and 10X Stages may jointly determine a better product fit for the Client is 10X Stages on Demand instead of 10X Stages Agency after Client has already began receiving services through 10X Stage Agency. In that instance, Client acknowledges that:
1. Client will be required to enter into a new client agreement in writing for 10X Stages On-Demand and that any prior agreement for 10X Stage Agency will terminate upon the program commencement date as outlined in the new client agreement.
2. Payments due and owing under the 10X Stage Agency will not be prorated and wil not result in any credit amounts towards 10X Stage Agency.
3. Client is held to the same terms and conditions as outlined above in Section B for 10X Stages On Demand, however, Client is not responsible for an Initial Set-Up Fee because that has already been paid under their prior purchase of the 10X Stage Agency product.

D. 10X WORKSHOPS and INCUBATOR PROGRAMS
(i.e: 10X WORKSHOP or 10X STAGES WEBINAR INCUBATOR)

You are responsible for full payment of fees for the entire program and/or services, regardless of whether you have selected a lump sum or monthly payment plan. You must satisfy the total payment allocated to the agreed-upon workshop before attending.
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION WITHIN THREE (3) BUSINESS DAYS FROM THE DATE OF THIS ORDER FORM by emailing [email protected]. To further clarify, no refunds will be issued after three business days, and all monthly payments must be paid on a timely basis.
Client agrees to remit payment to COMPANY as per their specific contract they signed upon engaging COMPANY’s services. Said contract stipulates that:
If multiple payments are selected to pay for the services, each payment will be auto-billed in 30-day increments, unless otherwise noted.
If you are using a third-party lender, both merchant and transaction fees are a part of the terms of the loan and you understand you are responsible for these fees.
If monthly payment becomes more than 30 days late, the entire balance becomes due and payable at day 31.
Should a circumstance arise where you cannot attend the workshop or incubator program for which you were bonuses a ticket or paid to attend and registered for a specific date, your ticket is transferable to the same workshop or incubator program scheduled to a future date within one (1) year of purchase, subject to the conditions set forth below.
1. If such a transfer is deemed necessary, you must notify COMPANY at least 14 calendar days prior to the Workshop for which you registered for there to be no penalty. If you notify COMPANY within 14 calendar days of the workshop or incubator program start date, you will be charged a $500 change fee to cover the expenses that have already been contracted or ordered on your behalf for attendance at the original workshop or incubator program date.
2. If you are not able to attend the workshop or incubator program within one year of purchase, recordings of a prior workshop or incubator program will be sent to you and your product purchase will be considered fulfilled and delivered to you. COMPANY is not responsible for any additional refunds or transfers to you under this circumstance.
All coaching sessions included in The Webinar Incubator must be utilized within 3 months (90 days) of the purchase date or they will be forfeited.
Other than with respect to your payment obligations hereunder, neither party shall be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, lockouts, fires, acts of God, or terrorism. Notwithstanding the foregoing, the affected party shall promptly provide written notice (i.e. email) thereof to the other party, which notice shall include a detailed description of the event of force majeure along with the affected party’s best estimate of the length of time such event will delay or prevent their obligations to the other party in this working relationship.

E. DIGITAL COURSES

There is an initial 72 business hour refund period, after which there are NO REFUNDS available for any digital courses or monthly memberships other than those specifically stated in this Section 3 Part D. In order to maintain access to membership site content, monthly membership payments must be made. In the event payment fails or membership fees are not paid, access to the membership site will be revoked.
I. 10X Stages Webinars Digital Course: We offer a conditional refund for purchases on the 10X Stages Webinars Digital Course within 90 days of purchase.

You must submit proof that you did the work in the course, and if bonused the 10X Stages Workshop with your purchase of the 10X Stages Webinars Digital Course, that you attended the workshop. In the event that you request a refund, within 90 days of enrollment, contact our support team at [email protected] and let us know you’d like a refund by the 90th day at 11:59 PM MT.
You must include your coursework with your request for a refund (and when applicable, you must also return any physical items shipped to you as outlined below). If you request a refund and do not include your coursework and the return of any physical products originally shipped to you with a postmark or proof of shipping by the 90th day, you will not be granted a refund.
You must submit with your request for a refund completed handouts and/or worksheets for all exercises in Modules 1 and 2.
Return any physical products that you received with the digital course to the following address:
ATTN: Alex Narcowich / 10X Stages
4550 SW 4st Blvd. Suite 4
Gainesville, FL 3260

A refund will NOT be given unless you have completed the exercises and submitted the proof explained above. If COMPANY cannot verify your compliance from the information you provided, then no refund will be given.
COMPANY will NOT provide refunds more than 90 days following the date of purchase. After day 90, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.
In the event you are bonused a 10X Stages Workshop with your 10X Stages Webinars Digital Course, you may attend any workshop within the next 90 days.
In the event you attend the bonused 10X Stages Workshop and request a refund of the 10X Stages Webinars Digital Course, you are entitled to reimbursement of travel expenses to the 10X Stages Workshop up to a maximum of Five-Hundred Dollar ($500).
Please note: If you opted for a payment plan and have not refunded according to the refund policy within 90 days, you are required to complete the remaining payments of your payment plan.
All refunds outside of this policy are discretionary as determined by COMPANY.

II. 10X Stages Digital Course:

We offer a 14-day conditional refund for purchases on the 10X Stages Digital Course. However, in order to qualify for a refund, you must submit proof that you did the work in the course and it did not work for you. In the event that you decide your purchase was not the right decision, within 14 days of enrollment, contact our support team at [email protected] and let us know you’d like a refund by the 14th day at 11:59 PM MT.
You must include your coursework with your request for a refund (and when applicable, you must also return any physical items shipped to you as outlined below). If you request a refund and do not include your coursework and the return of any physical products originally shipped to you with a postmark or proof of shipping by the 14th day, you will not be granted a refund.
You must submit with your request for a refund completed handouts and/or worksheets for all exercises in Modules 1 and 2.
Return any physical products that you received with the 10X Stages Digital Course to the following address:
   ATTN: Alex Narcowich / 10X Stages
   4550 SW 4st Blvd. Suite 4
   Gainesville, FL 32608
A refund will NOT be given unless you have completed the exercises and submitted the proof explained above. If COMPANY cannot verify your compliance from the information you provided, then no refund will be given.
COMPANY will NOT provide refunds more than 14 days following the date of purchase. After day 14, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.
Please note: If you opted for a payment plan and have not refunded according to the refund policy within 14 days, you are required to complete the remaining payments of your payment plan.
All refunds outside of this policy are discretionary as determined by COMPANY.

F. THE GREAT AMERICAN SPEAKOFF

Please see complete Competition Criteria here: https://10xstages.com/tgas-competition-2023

G. EVENT TICKETS (NOT INCLUDING WORKSHOPS)

ALL EVENT TICKET ACCESS LEVELS:

Tickets Received As A Bonus To Another Program: There are no refunds or in-kind cash value transfers for tickets received as a bonus. The ticket is non-transferable, regardless of circumstance, as this is a one-time virtual event. Participants that do not timely register for the virtual event may not be granted access and the ticket will be deemed forfeited.
Tickets You Purchased: Full-price tickets that you purchased are non-refundable and non-transferrable, regardless of circumstance.
Tickets You Upgraded: Upgrades you purchase are non-refundable and non-transferrable, regardless of circumstance.
COMPANY reserves the right to substitute any virtual or live event ticket, whether gratis or purchased, due to participation issues, technology issues, venue restrictions, venue cancellations or any other reason deemed necessary to ensure a successful event.
Gratis or purchased live event tickets may be limited in supply and failure to redeem a ticket or register for an event will result in forfeiture of that ticket.

IN-PERSON ACCESS TICKETS:

You are responsible for all costs associated with travel (flights, transfers, meals on the road) to attend and be present at this event.
You are responsible for your own lodging costs, which may be arranged at any hotel/venue you choose and not through a room block arranged by the Company.
If a virtual attendance level is available, you are able to request a virtual-only access ticket if your circumstances change and you are not able to attend in person. However, no refund or credit will be extended by the fulfillment of this request by Company due to the financial obligations already committed to on your behalf by Company.
COMPANY takes the health and safety of our community members seriously. You acknowledge and understand that you will not be allowed to attend the in-person component of the event should you begin feeling unwell or test positive for COVID-19 within 2 weeks of the in-person access to the event. There will be no refunds if your participation is required to be virtual instead of in-person due to illness or other such emergency.

4. PRODUCT DELIVERY / MEMBERSHIP SITE / CONDUCT

For products that you purchase from us that are delivered through a download link, you will be given a URL to access and download the product(s) you purchased. In such instances, you agree not to share the download link with other people who did not purchase the product(s).
For products that you purchase from us that are delivered through a membership site, you will be given a username and password to access the course materials and tools. In such instances, you agree not to share your login information with other people who did not purchase the product(s). You will not sell access to this program or duplicate and sell any of it’s content without written permission.
Where applicable, the membership site is meant for informational purposes only. It is not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information on the membership site and this website are at your own risk.
Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.
We reserve the right to discontinue or modify without notice or liability, any portion of this website. However, in the rare event that We decide to discontinue a particular online product or service you have paid for, We will either fulfill the services for the duration of the specific term that you paid for, or in our sole discretion, We will offer you a refund for the services that were not yet rendered. If no specific duration was specified for how long a particular online product or service will be available, such product or service will be made available to you for a minimum of one year, or for however long We continue to support that version of the program, whichever is later.
You affirm, represent, and warrant that your participation on this website and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You also represent and warrant that content you submit does not violate the intellectual property rights of third parties. Company reserves the right to make the final decision regarding what is appropriate. Company further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.
You understand and agree to not place an unreasonable burden on the server hosting this website or membership site, to not interfere with the running of this website and to not attempt unauthorized access to any portion of this website.
You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
You understand and agree not to post or transmit any information, software or other material that contains a virus or other harmful component.
You agree that any ideas, suggestions, or improvements that you provide to Company about Company’s products or services shall be owned by Company and that Company is free to include such ideas in future products without compensation to you.
You agree and understand that by participating in any group coaching program with Company, Company reserves the right to record such group coaching calls/meetings and Company shall be the owner of such recordings. Company shall have complete authority to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display the group coaching calls, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. If you do not wish to be recorded, then please do not participate in any group coaching calls/meetings.

5. PRIVACY

Please read the Privacy Policy carefully to understand how COMPANY collects, uses and discloses personally identifiable information from its users. The Privacy Policy is hereby incorporated by reference as part of these Terms and Conditions.

6. THIRD PARTY REFERENCES/HYPERLINKS

This site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.

7. CONTACTING US

If you need to contact us, you can email us at [email protected], call us at 719-960-4989 ext. 759, or send us a letter at: 10X Stages (℅ AYR Stage Agency, LLC), PO Box 63138, Colorado Springs, CO 80962.

8. DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

9. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Any provision herein to the contrary notwithstanding, the maximum liability of COMPANY to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Content delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to COMPANY by You for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of COMPANY arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the website and any services rendered hereunder and that, were COMPANY to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.

10. INDEMNIFICATION

Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this site.

11. SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and COMPANY with respect to this site and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

12. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware. You hereby consent to binding arbitration in the State of Delaware to resolve any disputes arising under this Terms and Conditions.

13. ARBITRATION OF DISPUTES

Except for payment/collection issues or infringement of Company’s intellectual property, which can be heard by a court of competent jurisdiction, the parties agree that any dispute or claim in law or equity arising between them regarding the use of this website or these Terms and Conditions, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Colorado Springs, Colorado and based on Delaware law or conducted in the State of Delaware, based on Company’s preference. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of Delaware. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.

NOTICE: BY USING THIS WEBSITE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS WEBSITE.

14. CLASS ACTION WAIVER

ARBITRATION OR ANY OTHER LEGAL ACTION ARISING IN CONNECTION WITH THE USE OF THIS WEBSITE, THE SERVICES OFFERED THROUGH THIS WEBSITE, OR THESE TERMS AND CONDITIONS MUST BE ON AN INDIVIDUAL BASIS, WHERE ALLOWED BY APPLICABLE LAWS. THIS MEANS NEITHER YOU NOR COMPANY MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

15. ATTORNEYS’ FEES

In any dispute, action, proceeding, or arbitration regarding the use of this website or these Terms and Conditions, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs and expenses upon appeal).