This Agreement (“Agreement”), is by and between Tim and Julie Harris® Real Estate Coaching, or ‘TJH’. and/or its subsidiaries and agents and You, your heirs, agents, successors and assigns (“You”). This agreement is made effective as of the date of electronic execution, and sets the terms and conditions of your use of TJH, it’s products, it’s website, and it’s webinars, classes, and other intellectual property and trade secrets. It explains TJH obligations to you and your obligations to TJH, in relation to the use of TJH products and services.
These TJH Terms and Conditions apply to the website and all other online properties (the “Site”) operated by ZGHHoldingsLLC, ., d/b/a Tim and Julie Harris Real Estate Coaching (“TJH”, “we”, or “us”). The use of the Site, including the purchase of any Products (as defined below) is subject to the following terms and conditions (the “Terms”). Please read these Terms carefully. By using this Site, you agree to these Terms as well as any other terms, guidelines or rules that apply to any portion of this Site, without limitation or qualification. If you do not agree to these Terms, then you must exit the Site immediately and discontinue any use of the information or products obtainable or accessible through the Site. If you have any questions about the Terms, please contact us at firstname.lastname@example.org
These Terms provide that all disputes between you and TJH relating to these Terms or your use of the Site or Products will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section “Dispute Resolution” for the details regarding your agreement to arbitrate any disputes with TJH.
2. TERM OF AGREEMENT; MODIFICATIONS.
You agree that TJH may modify this Agreement and the Services from time to time. You agree to be bound by any changes TJH may reasonably make to this Agreement when such changes are made. If you have purchased Products or services, the term of this Agreement shall continue in full force and effect for the term of the agreement as stated on the TJH website (where you completed your enrollment), whether or not you take advantage of and use the products, services and software. In the event you terminate your usage (at the end of your contract term), TJH shall not be bound by any representations made by third parties who you may use to purchase services from, and that any statement of a general nature, which may be posted on TJH website or contained in TJH promotional materials, will not bind TJH in any way. TJH may, at times, offer certain promotions with different charges and features. You agree that you will be responsible for notifying TJH should you desire to terminate your use of TJH services at the end of your contract term. Participant must give their notification to cancel via phone, at 888 983-2655.
All TJH contracts are legal and binding. If you are unsure of your billing date, contact our customer service for clarification. Any failure of participant to participate in any portion of the programs and / or activities or services does NOT entitle the participant to an extension of the program, nor does it entitle the participant to any refunds of any program fees paid. Program contents and materials are subject to change without notice. TJH at its sole discretion, may change, add, and /or edit the materials , topics, media, speakers, or experts described and/or change, substitute, add or change the schedule and teleconference calls or training described. A change to any of the above does not entitle the participant to a refund of any sort. No refunds for any reason at any time.
3. ACCURATE INFORMATION.
5. ACCOUNT SECURITY.
TJH maintains all customer information with the utmost confidentiality and in strict compliance with PCI-DSS industry security standards. You agree you are entirely responsible for maintaining the confidentiality of your customer number / login, password, credit card number, and security codes. Collectively, the ‘Account Access Information’. You agree you are entirely responsible for any and all activities that occur under your account. You agree to notify TJH immediately of any unauthorized use of your account or any other breach of security. You agree TJH will not be liable for any loss that you may incur as a result of someone else using your Account Access Information, either with or without your knowledge.
You further agree you could be held liable for losses incurred by TJH or another party due to someone else using your Account Access Information. For security purposes, you should keep Account Access Info in a secure location and take precautions to prevent others from gaining access to your Access Info. You agree that you will be responsible for all activity in your account, whether initiated by you, or by others on your behalf or by any other means. TJH specifically disclaims liability for any activity in your account, whether authorized by you or not.
6. ELECTRONIC COMMUNICATION.
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
7. SUBSCRIPTION TERM.
If you have enrolled in the Short Sale, or REO/BPO programs, your enrollment in the program is renewed monthly until you decide to cancel. You may cancel your enrollment at anytime, effective at the end of the current monthly billing period.
If you have enrolled in the Premier or Premier VIP Financed or FullPay programs, you have agreed to a minimum 6-month program commitment, in addition to applicable lender financing terms.
If you have enrolled in the Premier VIP program with a monthly subscription term, you have agreed to a monthly subscription payment with a 12-month program commitment. You may cancel your subscription at any time after completing the minimum 12-month commitment required by this program.
No program at TJH is a one time course. All courses are provided have recurring monthly billing unless a cancellation has been processed. This is explicitly noted prior to enrollment confirmation. What we teach you takes longer than one session so we never have a one-time class situation.
8. ACCOUNT CANCELLATION.
In order for your cancellation to be effective, it must be submitted to the Tim & Julie Harris® staff by calling 888-983-2655 or through our website contact form, and you will receive receipt of cancellation within 24 business hours.
Canceling your enrollment does not entitle you to a refund on past services (used or unused), nor will it prorate the payment amount in the final month of the subscription. You understand that you are responsible for the full payment of your subscription for the duration of the program term, along with any/all other applicable terms contained in the signed financing agreement (if you have signed one).
9. FEES AND PAYMENT.
As consideration for the Products and Services purchased by you and provided to you by TJH or its affiliates, you agree to pay TJH at the time of your order, as well as on a monthly recurring basis until you cancel your account. All fees are due immediately and are non-refundable. If you have questions about billing, it is your responsibility to email or call the offices of TJH to clarify any billing questions.
If for any reason TJH is unable to charge your payment method for the full amount owed TJH for the Products or Services provided, or if TJH is charged a penalty for any fee it previously charged to your payment method, you agree that TJH may pursue all available remedies in order to obtain payment. If you pay by credit card and if for any reason TJH is unable to charge your credit card with the full amount of the services provided, or if TJH is charged back for any fee it previously charged to the credit card you provided, you agree that TJH may pursue all available remedies in order to obtain payment. You may change your payment method at any time by contacting TJH customer service by phone, or email.
You agree not to cancel this transaction with your bank or Credit Card Company, and that doing so may initiate collections and submit a negative report to Consumer Credit Reporting agencies. You understand that the program is not just a downloadable package or audio tele-classes, and that not logging into the software or the website does not void any part of the agreements. You understand that once your user name and password have been issued to you in any way TJH deems appropriate (email, over the phone through customer service, or voicemail etc) you are responsible to log-in to access the services that you have paid for. Not logging in does not constitute a refund. It is your responsibility to open your welcome email and to log on with your username and passcode.
You agree and acknowledge that Tim and Julie Harris makes no representations or warranties, express or implied, with respect to the services or goods provided hereunder and the implied warranties of merchantability and fitness for a particular purpose shall be specifically excluded with respect to the services and goods.
Payments. The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen. You may also finance your purchase of Products through Affirm, as detailed on the payment screen.
United States Dollars. All monetary transactions on the Site take place in U.S. dollars.
10. PROGRAM & ACCOUNT TERMINATION.
You agree and acknowledge that this contract may be canceled by Tim and Julie Harris at any time, for any reason not prohibited by law, without notice, during the initial term or any month-to-month period. In the event that Tim and Julie Harris® cancels this contract, you will be liable for payment through the effective date of cancellation plus any other fees I may owe (including late payment charges, collection costs or interest).
In the event of termination for non-payment, you understand that you are still responsible for payment of the full subscription-term of this contract. Non-payment is defined as payment which is not received within ten (10) days of the date upon which it is due; or upon two or more late payments.
You agree and acknowledge that the termination of any continuing payment obligation after the effective date of cancellation, which would otherwise be due, is your sole remedy in the event of cancellation by the Tim & Julie Harris. No refunds, charge-backs or credits of any kind. Canceling the credit card TJH has on file does not eliminate liability for the contract entered into.
11. NO UNLAWFUL CONDUCT OR IMPROPER USE.
As a condition of your use of TJH products and services, you agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and you agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree you will not be entitled to a refund of any fees paid to TJH if for any reason, TJH takes corrective action with respect to your improper or illegal use of TJHs products and services.
TJH reserves the right at all times to disclose any information as TJH deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, with TJH sole discretion.
12. INTELLECTUAL PROPERTY.
You agree that TJH holds all rights, title and interest in all Products and Intellectual Property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to you and you agree to make no claim of interest in any such Product. You understand and agree that all content and material contained in the Agreement, other policies, the TJH Website, Seminars and any affiliated websites are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as, any other applicable proprietary rights and laws, and that TJH and it’s affiliated businesses reserves its rights in and to all such content and materials. You further understand and agree that you are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of TJH or it’s affiliated businesses. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to you or conferred upon you by this Agreement or otherwise.
13. DIGITAL MILLENIUM COPYRIGHT ACT.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send TJH a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow TJH to locate the material on the Site;
- Your name, address, telephone number, and e-mail address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send TJH a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to 230 Park Avenue South, 13th Floor, New York, NY 10003 or copyright@TJH.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
14. REPRODUCTION & DISTRIBUTION OF CONTENT.
You agree and acknowledge that products produced by Tim and Julie Harris, including online & downloadable materials, written & electronic documents, and audio/video media files are protected by copyright laws and, as such, I agree to refrain from duplicating, disseminating, reproducing, republishing or re-engineering these materials without the express written consent of the TJH and shall not permit any third party to do the same.
15. LIMITED LICENSE AND SITE ACCESS.
We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
16. USE OF THE SITE.
You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
frame or link to the Site without permission;
- use data mining, robots, or other data gathering devices on or through the Site;
post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- disclose personal information about another person or harass, abuse, or post objectionable material;
- sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent;
- post advertising or marketing links or content, except as specifically allowed by these Terms;
- use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to TJH or others; or
access the Site from a jurisdiction where it is illegal or unauthorized.
Links to TJH websites are provided solely as pointers to information on topics that may be useful to users of the Services, and TJH has no control over the content on such non-TJH websites. TJH makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does TJH warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. If you choose to follow a link to a website not controlled by TJH, you must do so at your own risk. TJH does not guarantee the authenticity of documents on the Internet. Links to non-TJH websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such websites.
17. REPRESENTATIONS AND WARRANTIES.
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that you are 18 years of age or older, or that you have an agent authorized by law to represent you who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party’s trademark or trade name.
18. LIMITATION OF LIABILITY.
All TJH products and / or services are 100% guaranteed proven, based on experiences of others. However, in no way does TJH warrant or imply that the programs / products will work for you personally, as we cannot guarantee you have participated at the level requisite for success. Agents, markets, skill level and commitment levels vary from agent to agent, office to office and market to market. The words ‘100% guaranteed’ are for promotional purposes and are merely testament to the quality of services provided, based on 3rd party experiences.
In no event shall TJH be liable to you or any other person for any indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (including negligence), breach of warranties, either express or implied, any breach of this agreement or its incorporated agreements (including the TJH enrollment contract terms and conditions), and policies your inability to use the products or services, your loss of data or files or otherwise, even if TJH has been advised of the possibility of such damages.
Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, TJH’s maximum aggregate liability is limited to the full extent permitted by law. You agree that in no event shall TJH maximum aggregate liability exceed the total amount paid by you for the particular products or services in dispute purchased from TJH.
You additionally agree to hold TJH and it’s affiliates harmless regarding the effectiveness of particular techniques, etc, taught at TJH as each person, market and skill level is different. TJH is not liable for income produced or lost as a result of products, services or coaching provided. Your income is your responsibility. A tennis coach does not hit the ball for the member. We give you the skill, but you must take action.
TJH and its affiliates make no commitments or warranties about the content, reliability, or availability of the services. Tjh and its affiliates disclaim, without limitation, any warranty of any kind with respect to the services, including any warranty regarding noninfringement, merchantability, or fitness for a particular purpose.
TJH and its affiliates have no liability whatsoever for your use of any product available from or though the website or the use of the services. In particular, but not as a limitation thereof, tjh and its affiliates are not liable for any compensatory, direct, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort, product liability or otherwise; nor are the liable for any third party claims of any nature, even if advised of the possibility of such damages or claims. None of the services would be provided without such limitations. No advice or information, whether oral or written, you obtain from us from or through the website or services shall create any warranty, representation or guarantee not expressly stated in this agreement. Neither tjh nor its affiliates shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party.
This agreement is between you and TJH. No user has any rights to force affirm to enforce any rights it may have against any you or any other user.
You agree to defend, indemnify and hold harmless TJH and its contractors, agents, employees, officers, directors, independent contractors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys’ fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with TJH whether or not on YOUR behalf, and whether or not with Your permission ) use of the products or services You purchased from TJH or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold TJH harmless from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets. This indemnification is in addition to any indemnification required of you elsewhere. Should TJH be notified of a pending law suit, or receive notice of the filing of a lawsuit, TJH may seek a written confirmation from you concerning your obligation to indemnify TJH. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that TJH shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify TJH of any such claim promptly in writing and to allow TJH to control the proceedings. You agree to cooperate fully with TJH during such proceedings. You agree You will not be entitled to a refund of any fees paid to TJH if, for any reason TJH takes corrective action with respect to Your improper or illegal use of its products, services, seminars or websites.
You agree that not to disparage the “TJH” or any of its officers, directors or employees. For purposes of this Section, “disparage” shall mean any negative statement, whether written or oral, about “TJH” or it’s coaches, staff, programs, or policies. This includes both public and private forms of communication, including on the internet in any way.
22. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
This agreement shall be deemed entered into in the State of Nevada. You agree that the laws and judicial decisions of Clark County, Nevada, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Clark County, Nevada. For the adjudication of disputes concerning the use of any domain name registered with TJH, You agree to submit to jurisdiction and venue in the US District Court for the District of Nevada located in Las Vegas, Nevada. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
23. DISPUTE RESOLUTION.
Generally. In the interest of resolving disputes between you and TJH in the most expedient and cost effective manner, you and TJH agree that any dispute arising out of or in any way related to these Terms or your use of the Site or Products will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Site or Products, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TJH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and TJH will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting TJH. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail (“Notice”). TJH’s address for Notice is: 2620 S Maryland Parkway Las Vegas Nevada 89109. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or TJH may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or TJH must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, TJH will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by TJH in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
Fees. If you commence arbitration in accordance with these Terms, TJH will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Las Vegas Nevada, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse TJH for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND TJH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TJH agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. If TJH makes any future change to this arbitration provision, other than a change to TJH’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to TJH’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and TJH.
Enforceability. If the Section entitled “No Class Actions”) is found to be unenforceable or if the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section 18 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to these Terms or your use of the Site or Products.
Choice of Law; Venue. These Terms will be governed and construed in accordance with the laws of the State of Nevada, excluding its conflicts of law rules. If a lawsuit or court proceeding is permitted under these Terms, then you and TJH agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Nevada.
You agree that all notices (except for notices concerning breach of this Agreement) from TJH to you may be posted on our Website. Notices concerning breach will be sent either to the email or postal address you have on file with TJH. In either case, delivery shall be deemed to have been made five (5) business days after the date sent.
Notices from You to TJH shall be made by sending notice to the address provided on the TJH Website or first class mail to TJH’s address at:
Tim and Julie Harris
2620 S. Maryland Pkwy
Las Vegas, NV 89109
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
You agree that the failure of TJH to insist on strict performance of any of the provisions of this contract or to exercise any right it grants will not be construed as a relinquishment or future waiverto enforce such provisions; rather, the provision or right will continue in full force. No waiver of any provision or right will be valid unless it is in writing and signed by the party giving it.
27. FORCE MAJEURE.
TJH will make every effort to keep its Website and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold TJH liable for any of the consequences of such interruptions and no refunds shall be warranted.
28. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this agreement.
29. CALL ASSIGNMENT & SCHEDULING
If you are enrolled in the Premier VIP program, you will be assigned to a coach for regularly scheduled 1-on-1 coaching calls, and may be transferred to another coach if required by our staff. You may choose to transfer to another coach, if you do so, it will be done by an approved transfer request. Your are limited to 1 coach transfer every calendar month.
Your 1-on-1 coaching calls will occur on regularly scheduled intervals for your convenience. If you decide to change the date/time for any or all of your scheduled upcoming calls, you must do so through your assigned real estate coach. All requests to reschedule must be made at least 24 hours before the date of the regularly scheduled coaching session. A $100 fee may be charged for “last minute” changes made within 24 hours of a regularly scheduled appointment.
We provide an industry standard of approximately 40 weekly coaching calls will be every calendar year for Premier VIP members (approx. 20 for twice-monthly Premier VIP half-time members). Calls are scheduled for regular recurring times, but may not occur if they fall on a nationally observed holiday, including Christmas Eve & Day, New Years Eve & Day, Memorial Day, 4th of July, Labor Day, Halloween, and Thanksgiving.
30. ATTENDANCE & RECORDING OF CALLS / MEETINGS / SEMINARS
I agree that I am freely and willingly participating in the TJH seminars, testimonials, coaching calls, webinars, seminars, conferences and meetings, and do hereby grant TJH, 1800HomeHotline.com, or designated entities permission to record and duplicate recordings of any and all, but not limited to, conference presentations, webcasts, teleseminars, testimonials, questions and answers, coaching calls, etc.
I understand that I will not receive any compensation either financially or in any other form, neither implied nor inferred, from the sale of these recordings, regardless of the product format (audio, visual, written, etc.) and further authorize the use of myself, voice and/or likeness on the aforementioned.
Any funds from the sale of these recordings past, future or present will be exclusively for the benefit of TJH. TJH shall own all rights to any and all such works and may make any use or nonuse of such works without payment or obligation to the attendee, member or customer, or independent contractor.
You agree and acknowledge that any coaching/accountability calls provided under this contract may be recorded for quality control purposes without further notice of any kind. Tim and Julie Harris does not authorize client recording of calls without prior consent.
We appreciate hearing from our users and welcome your comments regarding the Site. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will (a) own, exclusively, all now known or later discovered rights to the Creative Ideas; (b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
32. CONTENT YOU SUBMIT TO TJH
From time to time, TJH may allow you to post reviews, comments, photos, or similar materials on the Site (collectively, “Reviews”). We welcome your comments regarding our Products and services, including our Site. However, any Reviews you submit to TJH must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
By posting a Review on the Site, you hereby grant TJH an unrestricted, assignable, sublicensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Site, for any purpose, including promoting and marketing TJH and the Products. You further grant TJH a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you post to the Site. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by TJH through the Site, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you post to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to TJH the rights in your Reviews as contemplated under the Terms, and (ii) the Reviews you post to the Site do not (A) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require TJH to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
No Objectionable Content. You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by TJH in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.