PLEASE READ CAREFULLY BEFORE PURCHASING, ACCESSING OR USING ANY WEBSITES, WEBINARS, SEMINARS, TRAINING COURSES, COURSE MATERIALS, SERVICES, AND OTHER OFFERINGS THAT ARE OWNED AND OPERATED BY INNOVATIVE OUTCOMES CONSULTING, INC. (IOCI)
By registering for, by accessing or by using any IOCI Materials, you are concluding or confirming a legally binding contract based on these terms (“agreement”) with us, Innovative Outcomes Consulting, Inc., on behalf of yourself and the organization on whose behalf you are registering for, accessing or using IOCI Materials (hereinafter collectively “you” or “Client”). If you do not agree with any of these terms, do not register for, access or use any IOCI Materials and notify us immediately.
The terms of any separate written contract that we may have signed with You, if any, shall prevail over any inconsistent terms of this Agreement with respect to any aspects that are governed by this Agreement and also the separate written contract.
All trademarks, service marks and logos on the IOCI websites or other IOCI Materials are the property of the Company or its licensors. Unauthorized use of any Company (or of any third-party) trademark, service mark, or logo may violate the Company’s or a third party’s legal rights. You must obtain our written permission prior to using any trademark or service mark of the Company.
IOCI and its licensors own all intellectual property rights in the IOCI websites or other IOCI Materials, including designs, text, graphics, pictures, information, content, software, and other files, and their selection and arrangement. Any unauthorized use of the IOCI Materials may violate copyright laws, laws of privacy and publicity, and other laws and regulations. In exercising any permitted use of the IOCI Materials, you agree to leave all copyright, trademark and other proprietary notices intact.
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) POLICY
We respect the intellectual property rights of others. If you believe that any IOCI Materials or other content available through the online services or interactive features infringes your copyright, please provide us with the following information: (1) a physical or electronic signature of the owner or the person authorized to act on behalf of the owner of the intellectual property right; (2) an identification of the intellectual property claimed to have been infringed; (3) a detailed description of the material that you claim is infringing so that we may locate it; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the owner or are authorized to act on behalf of the owner of the intellectual property rights involved.
Such notice should be sent to our designated copyright agent at the following email address: firstname.lastname@example.org. Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described in (1) through (6) above, we will notify the user, if known, of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on one of our online services. No personal user information is shared with the copyright owner unless required by law
SECTION 1 - NO ACCESS FOR COMPETITORS
You must not access or use any IOCI Materials if you personally – or the company or organization you represent – provide development services, training, consulting, coaching or any services or materials that are substitutable for, or competitive to, any IOCI Materials (“Competitive Activities”). Without limiting the generality of applicable confidentiality obligations, you must not provide access to, or information about, any IOCI Materials to any individuals or organizations that pursue Competitive Activities. If You are unclear or in doubt whether this Section 1 applies in a particular scenario, You have to notify us and seek written consent from us. If You violate any aspect of this Section 1, You commit a material breach of our Agreement and any and all licenses and permissions relating to access and use of IOCI Materials automatically terminate with the consequence that any further access and use may constitute a violation of applicable laws, including, without limitation, U.S. and foreign copyright laws, trade secret laws and the U.S. Computer Fraud and Abuse Act.
SECTION 2 – PERMISSIONS
On the condition that You pay all applicable fees, You fully comply with these Terms and You fully comply with all applicable laws, we grant You a limited, revocable, personal, non-assignable, non-sublicenseable, non-exclusive permission to access and use IOCI Materials for Client’s sole purposes. You are not permitted to – and you must not – copy, record, video-tape, transcribe, modify, distribute, publish, display or resell any IOCI Materials, in whole or in part, or to provide any services to third parties based on IOCI Materials. If you use or access IOCI Materials in violation of these Terms or any applicable law, you breach our Agreement, access our computers without permission, and infringe our intellectual property rights and other rights. We reserve all rights not expressly granted herein, including, without limitation, title, ownership and all intellectual property rights to IOCI Materials, our technologies and any other tangible and intangible items we own or make available. By submitting any information or materials to us, You grant us a non-exclusive, charge-free, unlimited, irrevocable, assignable, sublicenseable permission to copy, modify, distribute, display, commercialize and use in any manner now known or in the future discovered your materials provided that we shall not attribute the materials to You personally, unless you give us permission to do so, expressly or impliedly.
SECTION 3 – WARRANTY DISCLAIMER
The Company provides IOCI Materials ‘as is,’ without any express or implied warranties or representations. Your access and use of IOCI Materials is at your sole risk. We disclaim any warranties to the maximum extent permitted under applicable law, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, non-infringement, title and quiet enjoyment. In particular, we do not warrant that IOCI Materials will meet any or all of your requirements or expectations, that online tools and services are accessible at all times, that IOCI Materials will function uninterruptedly, timely, secure or error-free or that all errors in IOCI Materials will be corrected. We do not represent or warrant that IOCI Materials are accessible from all devices, or at all times, even if You meet all of our website specific technical requirements.
Client understands that IOCI Materials are intended to provide tools and concepts that Clients can apply in:
- Developing their Leadership skills and abilities
- Learning about business systems and practices
- Practicing organizational and individual development techniques
- Raising awareness of common business and online marketing concepts
Client agrees to abide by all policies and procedures outlined in this Agreement as a condition of accessing and using IOCI Materials, which includes their participation in any of our programs.
Client understands the Company or any of its officers and directors and teaming partners is not operating as an expert in or the role of agent, lawyer, doctor, psychotherapist, registered dietician, public relations or communications professional, certified financial planner or accountant. Client understands their participation in or use of IOCI Materials will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
In addition to the Warranty Disclaimer in paragraph 1 of this Section 3, Client understands that IOCI, its officers and directors, and its teaming partners, have not promised, nor shall be obligated to, the following:
- Guarantee success in professional advancement, leadership effectiveness, business, results, and sales for the Client.
- Provide assistance, as either coach or mentor, with consultations for future business contracts made by Client unless expressly provided by in a written contract separate from IOCI’s ongoing programs and offerings listed above.
- Procure any publicity, social media exposure, interviews, write-ups, features, television, or print promotions for the Client.
- Introduce Client to IOCI’s or any of its officers’ and directors’ full network of contacts, media, or business partners. Client understands that a relationship does not exist between the Parties after the conclusion of our programs.
SECTION 4 - FINANCIAL OBLIGATION
Client is responsible for the completion of all payment plans associated with IOCI Materials Client may purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.
METHODS OF PAYMENT
We accept Visa, Mastercard, and American Express as a form of payment. If Client chooses to pay by monthly installments, he/she authorizes the monthly charge for the product on the Client`s credit card or debit card.
The company has invested considerable resources to create quality intellectual property that we offer for sale to our Clients. For this reason, we do not offer refunds as a routine matter but will consider refund requests with demonstrated merit on a case by case basis within 30 days of your original purchase. You may submit your refund request by contacting the IOCI support team at email@example.com during normal business hours (Monday – Friday 9:am to 5:pm Eastern Time). The Company will have the sole discretion, based on its independent judgement, to determine whether a refund is warranted. Once decided there will be no further consideration of the refund request. We will NOT provide refunds after 30 days from the date of original purchase. On the 31st day, all payments are non-refundable and you are responsible for full payment of the fees for the product, regardless of whether or not you complete the program.
If you opted for a payment plan and you do not request a refund within 30 days, you are required by law to complete the remaining payments of your payment plan. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.
As mentioned above, all refunds are at the discretion of the Company. If you just downloaded the Training Material (PDFs, audios, videos, additional workbooks, and/or etc.), and then promptly asked for a refund, we reserve the right to deny your refund request. IOCI Materials are intended for Clients to practice the concepts they learn and if within the 30 days they can demonstrate a robust practice regime and commitment to the program, yet they remain unsatisfied, IOCI will review the Client’s refund request. The Company’s programs are not designed to enable people to steal IOCI Materials.
SECTION 5 – CONFIDENTIALITY
You must keep all IOCI Materials confidential and apply security measures to protect confidentiality that are reasonable under the circumstances and no less effective than measures you apply to protect Your own trade secrets and confidential financial information. This includes but is not limited to protecting IOCI’s confidential information against disclosure, misuse, espionage, loss, and theft. You may not share or provide access to any IOCI Materials with anyone, except individual persons who meet the requirements of Section 1 of these Terms (No access for Competitors) and who we accept and authorize in a written decision (including an online registration confirmation).
Client agrees not to violate the Publicity or Privacy Rights belonging to the Company. Furthermore, Client will NOT reveal any information to a third party obtained in connection with this Agreement or our direct or indirect dealings with Client, including but not limited to, names, email addresses, third-party company titles or positions, phone numbers, or postal addresses. Additionally, Client will not, at any time, either directly or indirectly, disclose confidential information to any third party in compliance with Section 1 above.
By purchasing our products, you agree that if you violate or display any likelihood of violating this Agreement, IOCI and/or the other program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
SECTION 6 - CLIENT RESPONSIBILITY
IOCI Materials are developed and offered to Clients for educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from purchasing and using IOCI Materials and any related coaching and business management consulting. The Company makes no representations, warranties, or guarantees verbally or in writing. Client understands that because of the nature of IOCI Materials and their extent, the results experienced by each Client may significantly vary. Client acknowledges that, as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in IOCI Materials and Programs developed by IOCI. IOCI Materials and related program education and information are intended for a general audience and do not purport to be, nor should they be construed as, specific advice tailored to any individual. The Company assumes no responsibility for errors or omissions that may appear in any IOCI Materials.
SECTION 7 - MISCELLANEOUS
LIMITATION OF LIABILITY
Client agrees that it uses Company’s services at its own risk and that IOCI Materials are only an educational service being provided. Therefore, to the maximum extent permitted by applicable law, we disclaim and exclude all liability of IOCI and its respective directors, officers, employees, affiliates and subcontractors, assigns, and venue for where programs are being held and any of its executives, agents, or staff (sometimes referred to as “Releases”) for any indirect, consequential, incidental, exemplary damages or loss of profits, whether derived from torts, breaches of contract, culpa in contrahendo, positive breach of duty or any other legal theory.
Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of IOCI’s Materials services or enrollment in its Programs, including but not limited to direct, indirect, incidental, special, negligent, consequential, or exemplary damages. . Company assumes no responsibility for errors or omissions that may appear in any of IOCI Materials and Programs.
The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client's associates, employees or affiliates will communicate any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory toward, the Company or any of its Materials, Programs, members, owners, directors, officers, affiliates, subsidiaries, employees, agents or representatives.
NO TRANSFER OF INTELLECTUAL PROPERTY
Company owns the copyright in all IOCI Materials. The IOCI Materials have been provided to Client for Client's individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client's business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. By using or purchasing IOCI Materials, Client agrees to comply with Section 1 above and further agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by using or purchasing any IOCI Materials, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s Agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, cyber-attack, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
Client may not assign this Agreement without express written consent of Company.
Company may modify terms of this Agreement at any time. All modifications shall be posted on the Company’s websites and shall serve as notification for Company’s Clients, users, purchasers, and program participants.
Company is committed to providing all Clients using IOCI Materials or enrolled in IOCI Programs with a positive experience. By purchasing or using IOCI Materials, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client's participation in IOCI Programs without refund or forgiveness of monthly payments if Client becomes disruptive to Company, its Clients or Participants, Client fails to follow the IOCI Materials and Program guidelines, is difficult to work with, impairs the participation of the other Clients or Participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
RESOLUTION OF DISPUTES
These Terms, our Agreement and any dispute arising out of or related to these Terms, our Agreement or IOCI Materials, shall be governed by Commonwealth of Virginia law, except conflicts of law rules. Any such dispute shall be finally settled by arbitration under the rules and auspices of the American Arbitration Association in the District of Columbia, except that either party may seek injunctive relief or temporary retraining order in any court of competent jurisdiction. The party that ultimately prevails in arbitration or courts shall be entitled to reimbursement for arbitration and court fees as well as reasonable attorneys fees. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
THIRD PARTY BENEFICIARIES
As the owner of the intellectual property rights that are the subject of this Agreement, Innovative Outcomes Consulting, Inc. is an intended third party beneficiary under this Agreement with the right to enforce its terms. Except as set forth in the immediately preceding sentence, there are no third-party beneficiaries under this Agreement.
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: support[at]IOCI [dash] consulting[dot]com (firstname.lastname@example.org). This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire Agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, Agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America.
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT IOCI MATERIALS AND THEIR POTENTIAL. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING IOCI MATERIALS, PRODUCTS, IDEAS, AND TECHNIQUES. WE DO NOT PURPORT ANY OF IOCI MATERIALS, PRODUCTS, IDEAS, AND TECHNIQUES TO BE A “GET RICH SCHEME.”
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO OUR PROGRAMS, IDEAS, AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE, LEVEL OF DISCIPLINE TO TENACIOUSLY PURSUE BUSINESS SUCCESS, AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO THE INDIVIDUAL, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
IOCI MATERIALS, PRODUCTS AND CONTENT ON OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES, OR IS BASED UPON, FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD-LOOKING STATEMENTS HERE, IN IOCI MATERIALS OR ON ANY OF OUR SALES MATERIALS, ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS ARE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR THE TESTIMONIALS OF OUR CLIENTS. IN FACT, NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM THE IDEAS AND TECHNIQUES IN OUR MATERIAL.