This Harmon Brothers University Services Agreement (this
“Agreement”) governs the provision
of services by Harmon Brothers, LLC (“Service
Provider” or “Harmon Brothers”)
to you (“Customer” or “You”) and are effective upon your
submission of your registration for the Services and your payment of the Fees
as outlined in Section 4.
This Agreement is the entire agreement between You and
Harmon Brothers, and supersedes all prior or contemporaneous understandings,
agreements, negotiations, representations and warranties, and communications,
both written and oral. In the event of any conflict between this Agreement and any
advertisements or other communications regarding the Services, as defined below,
this Agreement shall govern.
Provider shall provide Customer access to an online seminar course consisting
of twenty-three video lessons and three downloadable workbooks (the “Course”). The Course contains information on how to
create ads that entertain, inform, and sell products all according to the
system created by Service Provider (the “Services”)
in accordance with these Terms.
Services shall be provided online upon the effectiveness of this Agreement.
Fees and Payment. Customer
shall pay a fee to the Service Provider in the amount of Three Thousand Five
Hundred Eighty-Eight Dollars ($3,588.00) (the “Fee”) and shall be paid in
twelve equal monthly installments of Two Hundred Ninety-Nine Dollars ($299.00)
beginning on the effectiveness of this Agreement and one month from that time
thereafter. Customer shall receive a discount
of Five Hundred Eighty-Nine Dollars ($589.00) if Customer elects to pay the Fee
completely in advance, in which case the Customer shall pay only Two Thousand
Nine Hundred Ninety Nine Dollars ($2,999.00) upon execution of this Agreement. Each purchase comes with a "7-Day Money-Back Guarantee" entitling Customer to a full refund of the amount paid upon request. Because the Course is an information product, during the first seven days, Section 1 of the course will be available to the Customer. The remaining 2 Sections of the course will not be available within the "7-Day Money-Back Guarantee" period. Refund request must be communicated by email to email@example.com within seven (7) days of purchase. A request for refund and the reason for the refund request must be submitted. The entirety of this agreement will continue to apply, any downloaded Course materials must be destroyed by Purchaser, and all access to the Course will be revoked upon refund request. Refund will be issued by crediting the payment method originally used to purchase the Course and generally takes 5 business days. After seven (7) days all sales are final and no refund of the Fee
Intellectual Property. The Course and its
entire contents, features, and functionality (including but not limited to all
information, software, text, displays, images, video, and audio, and the
design, selection, and arrangement thereof) are owned by the Service Provider,
its licensors, or any other providers of such material and are protected by
United States and international copyright, trademark, patent, trade secret, and
other intellectual property or proprietary rights (collectively, “Intellectual Property”). Service Provider hereby grants Customer a
license to use the processes taught in the Course free of additional charge and
on a non-exclusive, worldwide, non-transferable, non-sublicenseable, fully
paid-up, royalty-free and perpetual basis to the extent necessary to enable
Customer to make reasonable use of the Services.
Customer covenants not to reproduce, distribute,
modify, create derivative works of, publicly display, publicly perform,
republish, download, store, or transmit any of the material in the Course or of
Harmon Brothers’ Intellectual Property.
Customer covenants not to use the Intellectual Property
to teach any other person the systems outlined in the Course, in whole or in
part, for or without compensation.
Customer covenants not to impersonate or attempt to impersonate
the Service Provider or claim that Customer has worked on any projects of the
Service Provider due to Customer’s participation in the Course.
Customer covenants not to use the Course website in any
way that could disable, overburden, damage or impair the site or interfere with
any other party’s use of the site.
Termination. Service Provider shall have the right to
terminate the Customer’s access to the Course, without refund, if the Customer
violates any provision of this Agreement.
Disclaimer of Warranties.
SERVICE PROVIDER MAKES NO WARRANTY
WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY THAT THE
CUSTOMER WILL OBTAIN ANY SPECIFIC BENEFIT FROM CUSTOMER’S APPLICATION OF THE
MATERIAL PROVIDED IN THE COURSE; OR (B) WARRANTY THAT SERVICE PROVIDERS RESULTS
ARE GUARANTEED FOR CUSTOMER; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF
DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Limitation of Liability.
IN NO EVENT
SHALL SERVICE PROVIDER BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS
OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH
DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY
AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT
SHALL SERVICE PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS
AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID TO
SERVICE PROVIDER PURSUANT TO THIS AGREEMENT.
Waiver. No waiver by
Service Provider of any of the provisions of this Agreement is effective unless
explicitly set forth in writing and signed by Service Provider. No failure to
exercise, or delay in exercising, any rights, remedy, power or privilege
arising from this Agreement operates or may be construed as a waiver thereof.
No single or partial exercise of any right, remedy, power or privilege
hereunder precludes any other or further exercise thereof or the exercise of
any other right, remedy, power or privilege.
Force Majeure. The
Service Provider shall not be liable or responsible to Customer, nor be deemed
to have defaulted or breached this Agreement, for any failure or delay in
fulfilling or performing any term of this Agreement when and to the extent such
failure or delay is caused by or results from acts or circumstances beyond the
reasonable control of Service Provider including, without limitation, acts of
God, flood, fire, earthquake, explosion, governmental actions, war, invasion or
hostilities (whether war is declared or not), terrorist threats or acts, riot,
or other civil unrest, national emergency, revolution, insurrection, epidemic,
lock-outs, strikes or other labor disputes (whether or not relating to either
party's workforce), or restraints or delays affecting carriers or inability or
delay in obtaining supplies of adequate or suitable materials, materials or
telecommunication breakdown or power outage.
shall not assign any of its rights or delegate any of its obligations under
this Agreement without the prior written consent of Service Provider. Any
purported assignment or delegation in violation of this Section is null and
void. No assignment or delegation relieves Customer of any of its obligations
under this Agreement.
Relationship of the Parties.
The relationship between the parties is that of independent contractors.
Nothing contained in this Agreement shall be construed as creating any agency,
partnership, joint venture or other form of joint enterprise, employment or
fiduciary relationship between the parties, and neither party shall have
authority to contract for or bind the other party in any manner whatsoever.
No Third-Party Beneficiaries.
This Agreement is for the sole benefit of the parties hereto and their
respective successors and permitted assigns and nothing herein, express or
implied, is intended to or shall confer upon any other person or entity any
legal or equitable right, benefit or remedy of any nature whatsoever under or
by reason of these Terms.
Governing Law. All
matters arising out of or relating to this Agreement are governed by and construed
in accordance with the internal laws of the State of Utah without giving effect
to any choice or conflict of law provision or rule (whether of the State of Utah
or any other jurisdiction) that would cause the application of the laws of any
jurisdiction other than those of the State of Utah.
Submission to Jurisdiction.
Any legal suit, action or proceeding arising out of or relating to this
Agreement shall be instituted in the federal courts of the United States of
America or the courts of the State of Utah in each case located in the City of Provo
and County of Utah, and each party irrevocably submits to the exclusive
jurisdiction of such courts in any such suit, action or proceeding.
notices, requests, consents, claims, demands, waivers and other communications
hereunder (each, a “Notice”) shall
be in writing and addressed to each party at the email addresses provided
during registration, or to such other address that may be designated by the
receiving party in writing. Except as otherwise provided in this Agreement, a
Notice is effective i) the day of receipt if received before 5:00pm, and ii)
the following day if received after 5:00pm, calculated according to Utah’s then
Severability. If any
term or provision of this Agreement is invalid, illegal or unenforceable in any
jurisdiction, such invalidity, illegality or unenforceability shall not affect
any other term or provision of this Agreement or invalidate or render
unenforceable such term or provision in any other jurisdiction.
of these Terms, which by their nature should apply beyond their terms, will
remain in force after any termination or expiration of this Agreement
including, but not limited to, the following provisions: Intellectual Property,
Use Restrictions, Disclaimer of Warranties, Limitation of Liabilities,
Assignment, Governing Law, Submission to Jurisdiction and Survival.
Amendment and Modification.
This Agreement may only be amended or modified in a writing which specifically
states that it amends this Agreement and is signed by an authorized
representative of each party.