This Agreement (“Agreement”), is by and between ZGH, LLC, or (“ZGH”) d/b/a Tim & Julie Harris Real Estate Coaching or (“ZGH”). 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 ZGH, it’s products, it’s website, and it’s webinars, classes, and other intellectual property and trade secrets. It explains ZGH obligations to you and your obligations to ZGH, in relation to the use of ZGH products and services.
These ZGH Terms and Conditions apply to the website and all other online properties (the “Site”) operated by ZGH LLC, (“ZGH”, “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 ZGH relating to these Terms or your use of the Site or Products will be resolved by BINDING ARBITRATION (see Section 22 for details.)
- TERM OF AGREEMENT; MODIFICATIONS.
You agree that ZGH may modify this Agreement and the Services from time to time. You will be notified at least 10 days prior to any change that would materially affect your program. You agree to be bound by any changes ZGH 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 ZGH 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), ZGH 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 ZGH website or contained in ZGH promotional materials, will not bind ZGH in any way. ZGH may, at times, offer certain promotions with different charges and features. You agree that you will be responsible for notifying ZGH should you desire to terminate your use of ZGH services at the end of your contract term. Participant must give their notification to cancel via email at Help@TimAndJulieHarris.com.
All ZGH contracts are legal and binding. If you are unsure of your billing date, contact our customer service for clarification: help@TimAndJulieHarris.com. If you financed your coaching education with a third party, independent lender, you are bound by the agreement you signed with them, must follow their instructions as stated on their website and in the billing statements they’ve sent you either online or through the mail. 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. ZGH 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.
- ACCURATE INFORMATION.
You acknowledge and consent to ZGH recording and/or monitoring all phone calls for training, coaching or otherwise to ensure quality assurance.
- ACCOUNT SECURITY.
ZGH 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 ZGH immediately of any unauthorized use of your account or any other breach of security. You agree ZGH 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 ZGH 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. ZGH specifically disclaims liability for any activity in your account, whether authorized by you or not.
- 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 to receive all agreements, notices, disclosures and other communications that we provide to you electronically and that providing them electronically satisfies any legal requirement that such communication be in writing.
- 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. Refer to your lender for their particular terms, through their website, their customer service or through the information found on your billing statement.
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 ZGH is a one-time course. All courses 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.
- ACCOUNT CANCELLATION.
You have 24 hours from the time you sign this agreement to cancel without any penalty. You must deliver this cancellation to Tim & Julie Harris Coaching by midnight of the first day after signing the agreement. See below for instructions as to how to deliver the cancellation notice.
Premier Coaching Program – You may cancel anytime during the initial six (6) month coaching period that you enrolled in. Keep in mind that the second six (6) months is free dependent upon completion of the first six (6) months. Therefore, you must cancel within the first six (6) months in order to receive any refund. Your refund will be prorated based on the number of days you were enrolled in the program. There is also a $500 cancel fee that would be charged. For example, if your program cost $2,750 and were enrolled for four (4) months and decided to cancel. You would be entitled to a refund of $416.66. ($2,750 divided by six is $458.33 per month. You would have two months left for a credit of $916.66 less $500.00 cancellation fee. We will pro-rate your refund on a daily rate, however, for purposes of this example we used a monthly rate.) If you financed your purchase, then your loan will be cancelled per the terms above rather than receiving a cash refund.
Premier Plus & Premier VIP Coaching Programs – You may cancel anytime during the coaching period that you enrolled in. Your refund will be prorated based on the number of days you were enrolled in the program. There is also a $500 cancel fee that would be charged. For example, if your program cost $10,000 and were enrolled for four (4) months and decided to cancel. You would be entitled to a refund of $5,500. ($10,000 divided by 10 is $1,000 per month. You would have six months left for a credit of $6,000 less $500.00 cancellation fee. We will pro-rate your refund on a daily rate, however, for purposes of this example we used a monthly rate.) If you financed your purchase, then your loan will be cancelled per the terms above rather than receiving a cash refund.
You agree and acknowledge that this contract may be canceled by ZGH 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 ZGH cancels this contract, you will be liable for payment through the effective date of cancellation plus any other fees you may owe (including late payment charges, collection costs or interest).
In order for your cancellation to be effective, it must be submitted to the Tim & Julie Harris Coaching ® staff by emailing email@example.com, and you will receive receipt of cancellation within 24 business hours.
- FEES AND PAYMENT.
As consideration for the Products and Services purchased by you and provided to you by ZGH or its affiliates, you agree to pay ZGH at the time of your order, as well as on a monthly recurring basis until you cancel your account. (See Section 9 above for details regarding cancellation.) If you have questions about billing, it is your responsibility to email the offices of ZGH or your lender if you financed, to clarify any billing questions. You may send your inquiry to Help@TimAndJulieHarris.com
If for any reason ZGH is unable to charge your payment method for the full amount owed ZGH for the Products or Services provided, or if ZGH is charged a penalty for any fee it previously charged to your payment method, you understand that ZGH may pursue all available remedies in order to obtain payment. If you pay by credit card and if for any reason ZGH is unable to charge your credit card with the full amount of the services provided, or if ZGH is charged back for any fee it previously charged to the credit card you provided, you understand that ZGH may pursue all available remedies in order to obtain payment. You may change your payment method at any time by contacting ZGH 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 result in the submission of a negative report to Consumer Credit Reporting agencies. You understand that the program is not just a downloadable package of material, 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 ZGH 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 default on the part of ZGH and it will not result in a refund to you. It is your responsibility to open your welcome email and to log on with your username and passcode.
You agree and acknowledge that ZGH 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 coaching through one of our third-party finance companies. You are subject to their terms and conditions as well as ZGH. All monetary transactions with ZGH, requires payments denominated in U.S. dollars.
We offer pre-approved financing with no interest if paid in full within 185 days from date of delivery. Financing options are based on 14% APR simple interest with a 36 month term and no pre-payment penalties. Discounts available for Premier Coaching when full-payment is made upfront at time of enrollment. Premier Coaching pricing starts at $2995 ($2750 when full payment is received upfront at time of enrollment). Premier Coaching is a 6 month program and includes 6 additional months at no charge. Premier Coaching Plus pricing starts at $7000 and is a 12 month program. Premier Coaching VIP pricing starts at $18,900 and is a 12 month program. Elite Coaching pricing starts at $27,250.00 and is a 12 month program.
- NO UNLAWFUL CONDUCT OR IMPROPER USE.
As a condition of your use of ZGH 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 ZGH if for any reason, ZGH takes corrective action with respect to your improper or illegal use of ZGH’s products and services.
ZGH reserves the right at all times to disclose any information as ZGH 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 ZGH sole discretion.
- INTELLECTUAL PROPERTY.
You agree that ZGH 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 ZGH 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 ZGH 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 ZGH 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.
- 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 ZGH 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 ZGH 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 ZGH 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@ZGH.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.
- REPRODUCTION & DISTRIBUTION OF CONTENT.
You agree and acknowledge that products produced by ZGH including online & downloadable materials, written & electronic documents, and audio/video media files are protected by copyright laws and, as such, you agree to refrain from duplicating, disseminating, reproducing, republishing or re-engineering these materials without the express written consent of the ZGH and shall not permit any third party to do the same.
- 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.
- 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 ZGH or others; or
access the Site from a jurisdiction where it is illegal or unauthorized.
Links to ZGH websites are provided solely as pointers to information on topics that may be useful to users of the Services, and ZGH has no control over the content on such non-ZGH websites. ZGH makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does ZGH 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 ZGH, you must do so at your own risk. ZGH does not guarantee the authenticity of documents on the Internet. Links to non-ZGH 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.
- 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.
- LIMITATION OF LIABILITY.
All ZGH products and / or services are 100% guaranteed proven, based on experiences of others. However, in no way does ZGH 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.
In no event shall ZGH 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 ZGH 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 ZGH 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, ZGH’s maximum aggregate liability is limited to the full extent permitted by law. You agree that in no event shall ZGH maximum aggregate liability exceed the total amount paid by you for the particular products or services in dispute purchased from ZGH.
You additionally agree to hold ZGH and it’s affiliates harmless regarding the effectiveness of particular techniques, etc, taught at ZGH as each person, market and skill level is different. ZGH is not liable for income produced or lost as a result of products, services or coaching provided. Your income is your responsibility. We give you the skill, but you must take action.
ZGH and its affiliates make no commitments or warranties about the content, reliability, or availability of the services. ZGH and its affiliates disclaim, without limitation, any warranty of any kind with respect to the services, including any warranty regarding non-infringement, merchantability, or fitness for a particular purpose.
ZGH 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, ZGH 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 ZGH nor its affiliates shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party.
You agree to defend, indemnify and hold harmless ZGH 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 ZGH whether or not on your behalf, and whether or not with Your permission ) use of the products or services You purchased from ZGH or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold ZGH 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 ZGH be notified of a pending law suit, or receive notice of the filing of a lawsuit, ZGH may seek a written confirmation from you concerning your obligation to indemnify ZGH. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that ZGH shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify ZGH of any such claim promptly in writing and to allow ZGH to control the proceedings. You agree to cooperate fully with ZGH during such proceedings. You agree You will not be entitled to a refund of any fees paid to ZGH if, for any reason ZGH takes corrective action with respect to Your improper or illegal use of its products, services, seminars or websites.
You agree not to disparage ZGH, Tim and / or Julie Harris, Harris coaches, employees or any of its officers, directors or staff. For purposes of this Section, “disparage” shall mean any negative statement, whether written or oral, about ZGH or it’s coaches, staff, programs, or policies. This includes both public and private forms of communication, including on the internet in any way. ZGH will pursue you with all legal means possible should you breach this non-disparagement agreement above, including ethics violations reported to your local Division of Real Estate if appropriate and necessary.
- 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 ZGH, 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.
- Arbitration Agreement.
ARBITRATION: PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (A) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (B) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (C) LESS INFORMATION WILL BE AVAILABLE; AND (D) APPEAL RIGHTS WILL BE LIMITED.
WHAT CLAIMS ARE SUBJECT TO ARBITRATION
If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your Account and us, our affiliates, our agents, our service providers, and/or our predecessors and successors in interest (including any dealer, merchant, or retail seller that allows use of the Account and any assignee of the Agreement), if the dispute or claim relates to your Account, except as noted below.
We will not require you to arbitrate: (a) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (b) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate.
Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide.
NO CLASS ACTIONS
YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE.
If a court determines that this paragraph is not fully enforceable, only this sentence will remain in force and the remainder will be null and void, and the court’s determination shall be subject to appeal. This paragraph does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers, including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency.
HOW TO START AN ARBITRATION, AND THE ARBITRATION PROCESS
The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to ZGH, LLC ATTN: ARBITRATION DEMAND, 2620 S. MARYLAND PKWY, LAS VEGAS, NV 89109. The party seeking arbitration must select an arbitration administrator, which can be either the American Arbitration Association (AAA), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org, (800) 778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, (800) 352-5267. If neither administrator is able or willing to handle the dispute, then the court will appoint an arbitrator.
If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding.
The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. Once appointed, the arbitrator must apply the same law and legal principles, consistent with the Federal Arbitration Act (“FAA”), that would apply in court, but may use different procedural rules. If the administrator’s rules conflict with this Agreement, this Agreement will control.
The arbitration will take place by telephone or at a reasonably convenient location. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced.
GOVERNING LAW FOR ARBITRATION
This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). The law of the state where you reside shall apply solely to the extent that such State law is relevant under the FAA. The arbitrator’s decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award.
HOW TO REJECT THIS SECTION.
You may reject this Arbitration section of your Agreement. If you do that, only a court may be used to resolve any dispute or claim. To reject this section, you must send us a notice within 60 days after you open your Account or we first provided you with your right to reject this section. The notice must include your name, address and Account number, and must be mailed to ZGH, LLC ATTN: ARBITRATION OPT OUT, 2620 S. MARYLAND PKWY, LAS VEGAS, NV 89109. This is the only way you can reject this section.
CAUTION: It is important that you read this arbitration agreement thoroughly before you sign this Contract. By signing it, you are accepting that you have read and understand this arbitration agreement, and have received a copy of it. If you do not understand something in this arbitration agreement, do not sign this Contract; instead ask your lawyer.
You agree that all notices (except for notices concerning breach of this Agreement) from ZGH 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 ZGH. In either case, delivery shall be deemed to have been made five (5) business days after the date sent.
Notices from You to ZGH shall be made by sending notice to the address provided on the ZGH Website or first class mail to ZGH’s address at:
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 ZGH 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 waiver to 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.
- FORCE MAJEURE.
ZGH 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 ZGH liable for any of the consequences of such interruptions and no refunds shall be warranted.
- 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.
- 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 one (1) coaching transfer every calendar month.
Your one-on-one 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 twenty-four (24) hours before the date of the regularly scheduled coaching session. A One-Hundred Dollar ($100) fee may be charged for “last minute” changes made within twenty-four (24) hours of a regularly scheduled appointment.
We provide an industry standard of approximately forty (40) weekly coaching calls every calendar year for Premier VIP members (approx. twenty (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, Fourth of July, Labor Day, Halloween, and Thanksgiving.
- ATTENDANCE & RECORDING OF CALLS / MEETINGS / SEMINARS
You agree that you are freely and willingly participating in the ZGH seminars, testimonials, coaching calls, webinars, seminars, conferences and meetings, and do hereby grant ZGH 1800HomeHotline.com, or designated entities permission to record and duplicate recordings of any and all of the services mentioned above, including but not limited to, conference presentations, webcasts, teleseminars, testimonials, questions and answers, coaching calls, etc.
You understand that You 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 ZGH. ZGH 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. ZGH 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.
- CONTENT YOU SUBMIT TO ZGH
From time to time, ZGH 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 as well as our private Facebook Page.
By posting a Review on the Site, you hereby grant ZGH an unrestricted, assignable, sub-licensable, 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 ZGH and the Products. You further grant ZGH 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 ZGH 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 ZGH 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 ZGH to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
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 ZGH in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.