Meir Ezra
A different slant on business and life

 

GUARANTEED PROSPERITY LLC

TERMS AND CONDITIONS

 

Guaranteed Prosperity LLC is only willing to provide the products/services to you if you accept all of the terms and conditions presented in this agreement.  Please read this carefully as it affects your legal rights and remedies.

 

1.         Overview. This agreement is entered into between you and Guaranteed Prosperity LLC, having a business at 2110 Drew Street, Suite 200, Clearwater, Florida, United States. It is effective on the date of your electronic acceptance. This agreement sets forth the terms and conditions that govern your use of this website and the products and services found at this site. This agreement is in addition to and not in lieu of any specific terms and conditions that apply to your purchase of a particular good or service from us. 

 

By accepting these terms and/or using the services, you agree that you have read, understand, and agree to be bound by the terms and conditions of this agreement. You also agree to be bound by any policies posted on the website. Any previous agreements between you and Guaranteed Prosperity LLC are terminated and superseded by this agreement. We may, at our sole discretion, refuse to provide services to you at any time for any reason. If we exercise this right, we will not charge you for the services or we will refund you the amount you have paid for those services.

If you provide a purchase order or other ordering document to us, that document is incorporated by reference only to the extent that it identifies the services to be purchased, and all other terms and conditions included are rejected by us. The terms and conditions contained in this agreement will be the only ones governing our relationship. 

At our sole discretion, we may change or modify this agreement at any time, as well as any corporate policies and/or service specific terms which are within this agreement. Any changes or modifications will be effective immediately upon the earlier of: (1) our email notification to you advising you of the changes; or (2) your electronic acceptance of this agreement after the changes have been made; or (3) your continued use of the services after we post the amended agreement to the website. 

 

2.         Recommendations. Our personnel may from time to time recommend third party software or other products and services for your consideration. We make no representation or warranty regarding products and services that are not purchased directly from us. Your use of recommended products and services is governed by the terms of your agreement with the provider of those products and services.     

3.         TimeMaker Software.  TimeMaker LLC is the sole proprietor of TimeMaker software, which is being sold by Guaranteed Prosperity LLC. From time to time, TimeMaker LLC may update the software to fix problems in previous versions and/or to enhance functionality or features. Guaranteed Prosperity LLC and TimeMaker LLC make no warranty that those updates will not affect your use of the services or introduce new but unknown problems with the software.

Where support is provided by TimeMaker LLC, they will provide technical support for the most recent update or version of the software. TimeMaker LLC may provide support for an older version at its discretion; however, TimeMaker LLC reserves the right to suspend or terminate such support at any time without notice.

4.         Use of Your Name and Trademarks. By using our service, you grant us a non-exclusive right and license to use your name and such of your trade names, trademarks, and service marks as are listed on your content or otherwise provided to us in connection with this agreement for the following: (1) on Guaranteed Prosperity LLC’s own website; (2) in printed and online advertising, publicity, directories, newsletters, and updates describing our services; and (3) in applications reasonably necessary and ancillary to the foregoing.

You may use Guaranteed Prosperity LLC’s trade name, trademarks, and service marks in advertising and publicity in conjunction with the offering of your content, provided that you shall submit proposed copy to us for prior written approval, and provided further that under no circumstances will that use imply that we endorse, sponsor, certify, approve or are responsible for your content.

5.         Use of Your User Content.  Some of the features of this website or the services found at this website may allow you to view, post, publish, share, store, or manage content such as ideas, opinions, recommendations, or advice, and media such as photos and videos. By providing user content to us via any method (e.g. site submission, email, survey responses, Facebook, etc.), you represent and warrant to us that: (1) you have all necessary rights to distribute that content via this website or via the services found at this website, either because you are the author of the content, or because you have written documentation of the distribution rights, licenses, consents, and/or permission for use from the copyright owner; and (2) you do not violate the rights of any third party. You agree to indemnify us, including reasonable attorney's fees, against any third-party claim regarding any content or information you post on our website.

The provisions in this section apply specifically to our use of your user content posted to our websites or submitted directly to us:     

You shall be solely responsible for any and all user content that is submitted through your account along with the consequences of and the requirements for distributing it.     

You acknowledge and agree that: (1) Your user submissions are entirely voluntary; (2) Your user submissions do not establish a confidential relationship or obligate us to treat your user submissions as confidential or secret; (3) We have no obligation, either express or implied, to develop or use your user submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your user submissions; and (4) We may be working on the same or similar content, or we may already know of such content from other sources, or we may simply wish to develop this (or similar) content on our own, or we may have taken or will take some other action.     

We own exclusive rights (including all intellectual property and other proprietary rights) to any user submissions provided to us by any method, and we are entitled to the unrestricted use and dissemination of the user submissions you provided for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

6.         Sales and Services. A contract for us to supply you with goods or services will only be created when we accept your order (which we may do in writing, by email or by fulfilling that order). Goods and services advertised on this website may not actually be available when you place your order and we reserve the right to withdraw offerings at any time. We will endeavor to deliver goods and provide services as listed on this site, but we reserve the right to change the date and/or location of seminars. We are not liable for any additional expenses incurred by you or for any damages that may arise from those changes.

This website is made available on the basis that any terms implied by statute or otherwise and all liability for any loss or damage, however arising from use of this website or reliance on its content, are excluded to the extent permitted by law.

7.         Event Return Policy / Cancellation.  No refunds will be given for you not attending the intended event. However, a credit may be applied to another similar event as long as the event is still being offered or the money may be applied towards the purchase of another product or service offered by us. 

If you attend the 2-day introductory event and are not 100% satisfied, we will refund you double what you have paid. If you have attended any other seminar and are not 100% satisfied, we will refund 100% of your payment for the seminar. We will not reimburse you for airfare, hotel or any other expenses.

In order to take advantage of the money back guarantee, you must fill out and sign a release form at the end of the last day of the event and submit this form to one of our staff members. No refunds will be given if you did not attend the whole seminar, or if you did not submit the release form at the time of the seminar. You acknowledge and agree that by requesting your money back you will not be allowed to use any services or attend any events from Guaranteed Prosperity LLC in the future.

The refund will be paid by check only, and you agree not to request a charge back from your credit card company. Any charge back fees will be deducted from the refund you are entitled to receive from us.

This limited money back guarantee for attendees is included in the legal contract language online, and expressly is deemed an authorized addendum to any print legal contract between you and Guaranteed Prosperity LLC, and expires at the conclusion of the seminar.

8.         Consulting Services Return Policy. If you purchase consulting services from us and are not 100% satisfied, we will refund you what you have paid. We will not reimburse you for airfare, hotel or any other expenses related to the consulting.

In order to take advantage of the money back guarantee, you must have fulfilled the following: (1) you and Guaranteed Prosperity LLC had a written stated target that we both  agreed to; (2) you did ALL tasks agreed upon on time; (3) you reported the completion of the tasks to us on time; (4) you indicated to us at examination time that you are not happy; (5) you collected statistics in TimeMaker daily and (6) you did not achieve the target. If no written target is set, there will be no guarantee of results. No refunds will be given if you did not fully comply with the conditions set forth above. You acknowledge and agree that by requesting your money back you will not be allowed to use any services or attend any events from Guaranteed Prosperity LLC in the future.

The refund will be paid by check only, and you agree not to request a charge back from your credit card company. Any charge back fees will be deducted from the refund you are entitled to from us.

This limited money back guarantee for consulting clients is included in the legal contract language online, and expressly is deemed an authorized addendum to any print legal contract between you and Guaranteed Prosperity LLC, and expires upon reaching your target.

9.         Content.  All material on this site, all material delivered in courses, seminars, consulting, recording, writing and emails are protected by copyright. You may only copy, download and reproduce it for your own personal use or to promote Guaranteed Prosperity LLC as a partner.

10.       No Solicitation.  You agree you will NOT approach any employees of Guaranteed Prosperity LLC and its affiliates with proposals to hire them as your own employees or contractors. If you were to hire any of our employees, you agree to pay us liquidated damages in the amount of the greater of three (3) years’ salary for that employee or $200,000 for each employee hired.

11.       Disclaimer of WarrantiesYou specifically acknowledge and agree that your use of this site and the services found at this site is at your own risk. The services found at this site are provided "As is", "As available" and "With all faults". Guaranteed Prosperity LLC, along with our officers, directors, employees, and agents, disclaim all warranties, statutory, express or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Guaranteed Prosperity LLC, along with our officers, directors, employees, and agents, make no representations or warranties regarding: (1) the ability of the software to perform without limitation or restriction in any given environment; (2) the accuracy, completeness, or content of this site; (3) the accuracy, completeness, or content of any sites linked to this site (through hyperlinks, banner advertising, or otherwise); and/or (4) the services found at this site or any site linked to this site (through hyperlinks, banner advertising, or otherwise), and we assume no responsibility or liability for the same.

12.       Limitation of Liability. Guaranteed Prosperity LLC assumes no responsibility with respect to your use of the services and is not liable for consequential, incidental, or special damages, including but not limited to loss of use, business interruptions, and loss of profits, lost revenue, or punitive or exemplary damages, even if we are aware of the possibility of such liability. You agree that Guaranteed Prosperity LLC shall not ever be liable in aggregate for more than the total money actually received by the organization from you for services, limited to any 6-month period. This limitation of liability applies to any legal or equitable claim brought by you, whether brought under tort, contract, malpractice, fiduciary duty, statutory, or under any other legal theory. Multiple claims arising out of the same services shall be considered as a single loss for limitation purposes.

In addition, you specifically acknowledge and agree that any cause of action arising out of or related to this site or the services found at this site must be commenced within one year after the cause of action accrues or else that action will be forever barred.

This limitation of liability will apply to the fullest extent permitted by law and will survive any termination or expiration of this agreement, your use of this site, or the services found at this site.   

13.       No Third-Party Beneficiaries. Nothing in this Agreement will be deemed to give any third-party rights or benefits to any person or entity.

14.       Notices. Any notices to Guaranteed Prosperity LLC regarding this agreement must be sent to Info@guarenteedprosperityint.com. Any notice to you will be sent to the name and email address submitted at the time of your registration. All notices will be deemed received upon mailing.

15.       Governing Law. The terms of this agreement will be construed under the laws of the State of Florida, United States of America, without giving effect to the principles of conflict or choice of law of that state. You agree to the exclusive jurisdiction and venue of courts in Pinellas County, Florida, U.S.A., in all disputes arising out of or relating to this agreement. The original of this agreement has been written in English. You agree to waive any statute, law, or regulation that might provide an alternative law or forum or to have this agreement written in any language other than English. You also agree to exclude the United Nations Convention on Contracts for the International Sale of Goods from this agreement.

16.       Severability.  If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable by any court having competent jurisdiction, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. The remaining valid, legal, and enforceable provisions will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal, or unenforceable provision.

17.       Waiver. If we choose at our discretion to not enforce a term of this agreement, that is not a waiver of that term, of any other term, or of the agreement itself.

18.       Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Guaranteed Prosperity LLC with respect to the website and goods or services offered by us.