Modern Empowerment Personal & Professional Development Program

Standard Terms and Conditions

THIS AGREEMENT entered into this day of by and between Modern Empowerment, LLC, a Georgia corporation (the “Company”) and, the registrant named on this Agreement (the "Client"). The Company and Client are sometimes collectively referred to as the “Parties” of individually as a “Party”.

RECITALS

1. CLIENT is committed to development coaching and training using the materials and program(s) which are part of Modern Empowerment Personal & Professional Development Program as developed by the Company (the "Program"). The coaching, training, products, and programs used in the Modern Empowerment Personal and Professional Development Program are collectively referred to as the "Program Materials." Client is committed to be coached and trained by The Company for their personal and professional development.

STATEMENT OF AGREEMENT

In consideration for the mutual promises, covenants, and obligations set forth herein, the Parties agree as set forth under the following terms and conditions: This Agreement represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, https://lorindabuckingham.com, https://modernempowerment.com, https://lorindabuckingham.coachesconsole.com/, John Maxwell Affiliate website, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by the "Company" and its partners.

This Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Agreement, Website, collectively "Legal Terms", constitute the entire and only agreement between the "Client" and "Company", and supersede all other agreements, representations, warranties and understandings with respect to our Agreement, Website and the subject matter contained herein. The Company may amend the Legal Terms at any time without specific notice to the Client. The latest copies of our Legal Terms will be posted on our Website, and the Client should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, the Client agree to be bound to any such changes to them. Therefore, it is important for the Client to periodically review our Legal Terms to make sure the Client still agree to them.

By accessing the Program and Website, the Client is agreeing to be bound by this Agreement, Privacy Policy, and Website Terms and Conditions of Use, all applicable laws and regulations, and agree that the Client is responsible for compliance with any applicable local laws. If the Client does not agree with any of these terms, the Client is prohibited from using or accessing this program and site. The materials contained in this Agreement, the Program, the Company, and Website are protected by applicable United States and International Copyright and Trademark Law.

1. Objectives:

1. The Company responsibility is to provide content, insight, wisdom, framework, ideas, and feedback. The Client responsibility is to move from awareness, to action, and accountability.  The Company’s services includes methods for the Client to meet their goals throughout the Program.

2. Upon successful completion of the Modern Empowerment Personal and Professional Development Program, the Client will receive a certificate of completion for the Programs that are applicable. The Client is solely responsible for all costs and expenses related to completion of the Modern Empowerment Personal and Professional Development Training, including transportation, parking, accommodations, internet usage, meals, etc. unless otherwise designated by the Company. If the Client has not paid the Total Program fee provided for the Program in full, Client acknowledges that the Company may limit the Program Materials made available to the Client until all payments have been submitted.

3. The Client acknowledges and agrees that Modern Empowerment Live Events collectively “Live Events” and any before, during and after events related to Live Events are intended solely for the benefit of persons enrolled, preregistered and accepted by the Company for such Live Events. If Client takes any action which is deemed by the Company to disrupt or interfere with a Live Event, its related activities both before, during and after or its attendees, the Company may terminate Clients registration to attend and future participation will be terminated. Interference shall include, but not be limited to: (i) meeting with participants of a Live Event on the dates of such Live Event, including, but not limited to all before, during and after events connected to the Live Event, if Client has not registered for the Live Event, and (ii) for any purpose -soliciting, selling, distributing materials of any kind, posting of links or marks, promoting their products and/or services to participants at a Live Event including, but not limited to all before, during and after events connected to the Live Event. This includes whether such action(s) are at the host event hotel and or its surrounding hotels being utilized and promoted for use by any Client for such events. Unless Client is registered for a Live Event, Client may also not be a registered guest or physically be on the property at the host Live Event hotel, event location, or its surrounding hotels being utilized and promoted for use by Clients, including but not limited to during the time of all before, during and after events connected to the Live Event (i.e. staff meetings, post event workshops, etc.), without pre-written notification to the Company, including the reason(s). Any notices pursuant to this Section shall only be deemed received by the Company if sent to and acknowledged back by the Program Administrator at info@lorindabuckingham.com.

2. Limited Liability: 

• Except as expressly provided in this Agreement, the Company makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Program services negotiated, agreed upon, and rendered. In no event shall the Company be liable to the Client for any indirect, consequential, or special damages.
• Notwithstanding any damages that the Client may incur, the Company's entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Company under this Agreement for all Program services rendered through and including the termination date. 
• The Company and the Program services are not in any way to be construed as, or a replacement for, psychotherapy, legal counsel, or medical advice. The Client is responsible for creating their own decisions and results. The Client agree not to hold the Company, or any company the Company is affiliated with, liable for any outcomes resulting directly or indirectly from the Program process. 

 3. Private Client Access

•  Everything the Client will be using in the Program (tools, forms, schedules, documents, resources, etc) will all be housed conveniently on a secured and confidential "Private Client Website", unless otherwise specified by the Company. Upon enrolling for the Program, the Client will be given a unique username and password ability, if the Program requires this option. The Company has the right to determine which of its Programs require “Private Client Portal” access.
• The Client may access this "Private Client Website" area to access, review and/or update the tools, documents, resources, the Program etc. that the Client will be using through the Program.  The Company will provide the Client with the access information and further instructions once the Client begin the Program. This Private Client Website the Company will provide the Client with a specific tool to support the Client in preparing for the Program so the Client can leverage every minute spent with their Company. 

4. Use License

•  Permission is granted to temporarily download one copy of the materials (PDF's, Templates, Free Gifts etc) on the Website, https://LorindaBuckingham.com, https://lorindabuckingham.coachesconsole.com,John Maxwell Affiliate Website, social media website, or any website, personal, non-commercial transitory viewing only. This is the grant of a view only license, not a transfer of title, and under this license the Client MAY NOT:

• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on the Website, or any other connected or partnership website;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or “mirror” the materials on any other server

• This license shall automatically terminate if the Client violate any of these restrictions and may be terminated by Modern Empowerment, LLC at any time. Upon terminating the Client viewing of these materials or upon the termination of this license, the Client must destroy any downloaded materials in the Client possession whether in electronic or printed format

5. Electronic Communication

The Client is connecting with the Company electronically when you go to the Website or send out emails to the Company. The Client consent to get interactions from the Company online, email, phone, or any web technology offered by the Company for The Program. The Company will connect with the Client by email or by uploading notifications on the Site. The Client concur that all contracts notifications, disclosure, and various other communications that the Company provide to the Client can be and will be sent digitally.

6. The Client Account

If the Client utilize the Website, the Client is accountable for maintaining the confidentiality of its account and password and the Client accept responsibility for all activities that happen under your account and password. The Client also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature ("Personal Data") from the Site. The Client disclosure of any Personal Data on the website might result in the immediate termination of the Client account. The Company additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at its sole discernment.

The Company does not guarantee the truthfulness, precision, or dependability of Content on the site, consisting of Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.

 7. Reviews, Comments, and Other Material

• Registered and Non-Registered Users of the Website might post evaluations and remarks of a product and services purchased by means of the Website, so long as the Material is not unlawful, profane, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not include industrial solicitation, mass mailings, or any type of "spam."
• The Client may not use another User's account to impersonate a User or entity, or otherwise deceive as to the origin of the opinions. The Company reserves the right (however is not bound) to eliminate or modify such Material, but does not regularly examine posted Material. 
• If the Client post an evaluation or send comments, and unless the Company suggests otherwise, you grant the Company a nonexclusive, royalty-free, permanent, irrevocable, and completely sub licensable right to utilize, recreate, modify, adjust, release, equate, create derivative works from, distribute, and screen such content throughout the world, in any media. The Client grant the Company and sub-licenses the right to utilize the Client name in connection with such Material, if they choose. The Client represent and require that the Client own or otherwise control all the rights to the content that the Client post; that the content is accurate; that use of the content the Client supply does not violate this policy and will not trigger injury to anyone or entity; which the Client will indemnify the Company for all claims resulting from Content the Client supply. The Company has the right but not the commitment to edit and keep track of or eliminate any task or Material.
• The Company takes no duty and assumes no liability for any content published by the Client or any 3rd party.

8. Legal Compliance

The Client agrees to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. The Company reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action the Company deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to the Client profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

 9. Revisions and Errata

The materials appearing on The Website could include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on its Website are accurate, complete, or current. The Company may make changes to the materials contained on its Website at any time without notice. The Company does not, however, make any commitment to update the materials.

 10. Disclaimer

The materials on The Website are provided "as is" The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, the Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site. The Website serves as a venue for Individuals to purchase distinct service or products. Neither the Company nor the Website has control over the quality or fitness for a particular function of a product. The Company likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site. 

 11. Photo, Media and Copyright Release 

The Client grant The Company permission to photograph, videotape, and/or audiotape the activities with the Company. These photographs/videos/audios will remain the property of the Company and may be used in advertising or marketing campaigns on the Company websites, and for promotional and informational material including, but not limited to, flyers, brochures, newsletters, emails, advertisements, newspaper articles, TV or cable interviews/promotions. The Client hereby waive and release, any rights to compensation for, or ownership of, such images and/or sounds. The Client waives the right to inspect or approve the finished product, including written or electronic copy, wherein Client’s likeness appears and any right to royalties or other compensation arising or related to the use of the photograph, video or audio recording. Client holds the Company harmless and releases and forever discharge the Company from all claims, demands, and causes of action which the Client may have by reason of this authorization.

12. Confidentiality

The Company represents, warrants and agrees as follows: Private information provided by the Client to the Company during the course of the Program will be deemed "Confidential Information" and kept strictly confidential unless otherwise agreed in writing. In carrying out the terms of this Agreement, the Parties may need to disclose confidential or proprietary information to one another. Each of the Parties agrees to protect and preserve all confidential information of one another and not to disclose it to parties who are not part of this Agreement without the written consent of the other Party.

Notwithstanding the foregoing, "Confidential Information" does not include information that is:

(a)   previously known to the Company prior to discussions regarding this Agreement, free from any obligation to keep it confidential, or

(b)   publicly disclosed by the Client either prior to or subsequent to the receipt by the Company of such information, or

(c)    independently developed by the Company without any access to Confidential Information, or

(d)   rightfully obtained by the Company from a third party lawfully in possession of Confidential Information who is not bound by confidentiality obligations to the Client.

The Company may disclose Confidential Information if required to do so under applicable law, rule or order; provided that the Company, where reasonably practicable and to the extent legally permissible, provides the Client with prior written notice of the required disclosure. 

13. Training and Products Provided

• The Company reserves the right to modify the training, coaching, products, materials, and availability to access the resources, and will post any changes thereto on the Website for the Modern Empowerment Personal and Professional Development program or the official resource website for the Modern Empowerment Personal and Professional Development program, as determined by the Company.
• No Client may download, copy, screen share, record, distribute, or in any way remove or share the teaching content and intellectual property on the Website without prior written consent of the Company. The teaching content includes, but not limited to any recorded calls or video posted to the Website featuring any of the posted faculty, Lorinda Buckingham, any employee or sub-contractor working in association with the Program, or any person who identifies themselves as a stand-in or substitute teacher or trainer. Approved branded promotional materials such as brochures, templates, logos and promotional pictures may be downloaded and used within the terms of this Agreement. Any Client who is unsure of their use and access rights bears the responsibility to request the access or rights prior to attempting to download, copy, screen share, record, distribute, or in any way remove or share the teaching content and intellectual property on the Website by emailing info@lorindabuckingha.com for confirmation of Client’s access and approval. At no time may a Client video record any portion of any live event that the Company is sponsoring, hosting or associated with. Client may be given the right to audio record at such event, in the sole discretion of the Company, and the right to do so will be clearly posted and announced at the start of each event.

14. Termination

• The use license and other rights granted to Client pursuant to Agreement are subject to termination, at the Company's sole discretion, by providing written notice to Client, upon the breach by Client of any term or condition of this Agreement, and the breach not being cured within 15 days of Client receiving written notice of default from the Company. If Client timely cures said breach as determined by the Company in its sole good faith discretion, any reoccurrence of the breach, either on the same or substantially similar facts, will negate any further right-to-cure. Notwithstanding anything to the contrary contained in this Agreement, if Client’s breach of this Agreement results in irreparable damage to the Program, the Company, Lorinda Buckingham, Modern Empowerment, and it’s partners.
• The Company, any respective affiliates, any respective officers, directors, employees, representatives, agents, instructors, vendors and independent contractors of the above or any member of Modern Empowerment, as determined by the Company in its sole discretion, the Company is not be obligated to provide Client with any opportunity to cure and this Agreement will be immediately terminated upon written notice by the Company to the Client.
• The Company shall be permitted to terminate the rights granted to Client pursuant to this Agreement if the commercial value of the Company, the Lorinda Buckingham name and/or the Modern Empowerment Personal and Professional Development Program is impaired by reason of the alleged commission by the Client of any act that is an offense involving moral turpitude under federal, state or local laws or which tends to shock, insult or offend the community or ridicule public morals and decency, which is determined by the Company in its sole discretion. In addition, the Company may terminate the license and all rights granted to the Client pursuant to this Agreement if Client takes any action which is disruptive to the other participants' enjoyment of (i) a Live Event, (ii) any training event telephonic or otherwise, or (iii) any social media platform that is part of the Company or its partners.
• Upon termination of this Agreement, Client shall have no right to use the Program Materials or the Program Marks, except with Company's express written consent and instructions; provided however, that Client shall continue to be bound by Client's obligations hereunder, including, without limitation, Client’s obligations under this Agreement that survive the termination of this Agreement.

15. Relationship of Parties

Client acknowledges that Client has no direct relationship with Lorinda Buckingham, Modern Empowerment, (collectively, the "The Company"). It is the express intention of the Parties that the Client is not a legal employee, agent, joint venturer, franchisee or partner of the Company or its partners. Nothing in this Agreement shall be interpreted or construed as creating or establishing an employment relationship, franchise or agency between Client and the Company or its partners. Client will have no authority to act on or enter into any contract or understanding, incur any liability or make any representation on behalf of the Company.

 16. Non-Solicitation of Other Clients; No Self-Promotion

Client hereby acknowledges and agrees not to solicit other participants in the Program for the provision of goods or services by Client or any other party, regardless of whether the goods and services are being provided for compensation, without the prior written consent of the Company. Client agrees that Client will not engage in self-promotion of Client's services at any the Company Live Events or in any forum created by the Company for the use by participants in the Company. In addition, Client will not organize or create any forum, blog or social media website, regardless of what it may be named or called (e.g., "Leadership Group Discussion"), if it has five or more active The Company members or clients, for use by participants in the Program, without the prior written consent of the Company.

 17. Indemnification

The Client indemnifies, holds harmless and will defend the Program, the Company, Lorinda Buckingham, Modern Empowerment, LLC, any respective affiliates, any respective officers, directors, employees, representatives, agents, instructors, vendors and independent contractors of the above or any member of Modern Empowerment (collectively, the "Indemnified Parties") from and against any and all claims, demands, lawsuits, actions, proceedings, liabilities, losses, damages, fees, costs and expenses (including reasonable attorneys' fees and costs of investigation) resulting from or arising out of: (i) Client’s offering and delivery/presentation of any Program Materials; and (ii) Client’s actions or inaction in violation of this Agreement or applicable law.

 18. Infringement

If Client learns that any third party is making any unauthorized use of the Program Materials, the Program Marks or any other copyright, trademark or intellectual property right of IP Owners, Client agrees to promptly notify the Company in the most expeditious means possible, followed by written notice, of any alleged unauthorized use and all other facts known to the Client. Client agrees not to make any demands or claims, bring suit, effect any settlements, or take any other action against that party without the prior written consent from the owner of the applicable Program Materials and/or Program Marks. Client agrees to reasonably cooperate with the IP Owners, at no out-of-pocket expense to Client, in connection with any action taken by the IP Owners to investigate or terminate the infringement.

 19. Payment/Investments

The Client acknowledges that the Client has received a copy of the pricing and Standard Terms of Service and has read, agrees with, and will be bound by the Standard Terms and Conditions and the Pricing, and Client commits to the Program and to payment of the Total Program Fee provided.

The Client agrees to pay for the Program Fee according to Pricing of the payment option that the Client committed to during the Program enrollment. The Client acknowledges that failure to fulfill payment commitment will result in not gaining access to the Program or Program Materials. 

The Client agrees to up PayPal payment processor or processor options provided by the Company. 

***Please note that if this payment schedule option is selected, then up to 4% financing fee will be due, calculated upon each payment sum made into the program, including the deposit and/or all subsequent payments. If payment is made by credit card, all fees will be charged automatically to your credit card. If payment is being made by bank wire or check, please remit the additional up to 4% financing fee along with each payment made.

20. Trademark and Copyright Notices:

• Client acknowledges that the Company, The Program, Lorinda Buckingham, Program Materials, media, and intellectual property are the exclusive property of the IP Owners, and protected by copyright, trademark, and other intellectual property laws, both domestic and international. Nothing in this agreement will be misconstrued as transferring, assigning, or conveying any ownership or proprietary rights to the Program Materials from the IP Owners to the Team Member or any other person or entity. Client may not remove, alter, or obscure copyright, legal, or proprietary notices in or on any portion of the Program Materials. Client will not duplicate, modify, distribute or otherwise use the Program Materials in any format other than the format in which they were provided to the Client without the prior written consent of the Company. The Client may not alter the logo in color, text or design in any way.
• Client acknowledges that Modern Empowerment, Lorinda Buckingham and all IP materials are trademarked, and copyrighted by  Modern Empowerment, LLC and can not be used, duplicated, or distributed without written permission of Modern Empowerment, LLC. All Rights Reserved. Lorinda Buckingham and the Company is a certified by the John Maxwell Team, 360 Reach, DISC Personality Assessments & Consultants through The John Maxwell Team, Blueprint For Success, and other organizations not mentioned in this Agreement, has permission through exclusive license to partner with these organizations. Client acknowledges that they are not permitted to use, copy, duplicate, or distribute any IP material without written consent of the Company and its partners. All Rights Reserved. 
• The Program, Website, and other materials may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Client use of our Website does not grant the Client ownership rights of any kind in the Website or the Program of the Company or any of its partners.

 21. Warranties

• Client acknowledges and agrees that Client is not guaranteed to achieve any specific health, personal relationships, financial or other results or earn any specific amount of income or reach any particular goal by participating in this Program. The information provided as part of the Modern Empowerment Personal and Professional Development and the Program is provided for Client's personal use. The Client uses such information at Client’s own risk and is solely responsible for any decisions and actions that result from Client’s use of such information. The Program does not provide psychological, relationship, legal, investment or financial advice. Client acknowledges and warrants that if Client is under the care of a physician or other health care professional that the trainings and programs provided herewith do not violate or otherwise conflict with the advice of the Client’s professional care provider.
•  EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE COMPANY MAKES NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE TRAINING AND PROGRAM MATERIALS ARE PROVIDED- "AS IS". the COMPANY IS NOT LIABLE TO CLIENT OR ANY OTHER PARTY FOR DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING LOST PROFITS OR LOSSES OF REVENUE) ARISING FROM CLIENT'S OFFERING AND DELIVERY OR PRESENTATION OF MODERN EMPOWERMENT’S PERSONAL AND PROFESSIONAL DEVELOPMENT PROGRAMS, EVEN IF COMPANY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE DAMAGES. Further, Company's aggregate liability arising with respect to this Agreement pursuant to any legal theory, including BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY IN TORT, WILL NOT EXCEED ANY AMOUNTS CUMULATIVELY PAID BY THE CLIENT TO THE COMPANY PURSUANT TO THIS AGREEMENT.

 22. Assignment

This Agreement shall be assignable by the Company and inure to the benefit of the Company's successors and assigns. This Agreement shall not be assignable or transferable in whole or in part by the Client, by operation of law or otherwise, except with the prior written consent of the Company and approval of the assignee.

23. Governing Law – Class Action Waiver

This Agreement is governed by, and construed in accordance with, the laws of the State of Georgia, without reference to rules governing choice of laws. The Client irrevocably and unconditionally waives, to the fullest extent permitted by law, any right Client may have to participate as a representative or member of any group or class of claimants in any class action against the Company, or any of their affiliated entities, now or hereafter pending relating to transactions contemplated by this Agreement or similar transactions.

 24. Informal Dispute Resolution

The Parties will attempt in good faith to meet in person to discuss and resolve the dispute. The meeting will take place at our headquarters (currently Fayette County, Georgia). At the meeting, each Party will be represented by a person authorized to conclusively resolve the dispute on that Party's behalf and to bind that Party to any agreed-upon resolution. Each Party must detail what it believes to be the nature of the dispute including the facts and the provisions in this Agreement on which the dispute is based-and how the dispute may be satisfactorily resolved. Discussions and exchanges of information and materials, if any, are confidential and must be treated as part of compromise and settlement negotiations for purposes of applicable rules of evidence. If the Parties resolve the dispute at the meeting, they shall immediately formalize that resolution by an agreement that they both sign at the time. This step must occur before either Party can file a request for mediation. Any Party that fails to attend or participate in the meeting, within 30 days of written request, may not begin any mediation to resolve the dispute. If the parties cannot informally resolve the dispute, the Party seeking formal resolution of the dispute must, before he, she or it may commence or initiate a legal or administrative proceeding relating to the dispute, submit the dispute to nonbinding mediation.

25. Mediation

For any dispute involving this Agreement, and if the Parties have failed to resolve the dispute, the disputing Party must submit the dispute to non-binding mediation with the non-disputing Party before the American Arbitration Association or another mutually agreeable mediator. Mediation must take place before the disputing Party can file any demand for arbitration or complaint. Both Parties will sign a confidentiality agreement reasonably satisfactory to both parties. The Parties will conduct the mediation in Fayette County, Georgia. Each Party will bear his, her or its own costs for the mediation and each Party will pay 50% of the mediator's fee. If a disputing Party refuses to mediate the dispute, the disputing Party cannot file any demand for arbitration or complaint involving the matter in dispute. If the non-disputing Party refuses to mediate, the non-disputing Party has waived mediation and the disputing Party may immediately file a demand for arbitration or a complaint.

26. Arbitration

Any dispute or claim arising out of or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), will be exclusively (except as provided below) resolved by binding arbitration before the American Arbitration Association ("AAA"). One arbitrator will be selected using AAA procedures. The arbitrator will use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The arbitrator will also render a written decision setting forth detailed findings of fact and conclusions of law, within 30 days after the conclusion of the arbitration hearing. The arbitrator will not award attorneys' fees, or punitive, indirect, incidental, special, consequential, treble or other multiple or exemplary damages, and the Parties agree to waive and not seek these damages. Either Party may seek judicial relief to compel the other Party to comply with the provisions of this Section, or seek injunctive or other equitable relief to protect its intellectual property rights, as long as (unless prohibited by applicable law) the remainder of the dispute or claim is submitted to arbitration. The arbitration will be held in Fayette County, Georgia. Both Parties give their irrevocable consent to the processes of the AAA in Georgia, as well as the jurisdiction of the courts of Fayette County, Georgia for enforcement purposes. If a Party fails to pay their share of the costs of arbitration, the arbitrator may enter a judgment against that non-paying Party as to liability but not as to damages. The arbitrator will conduct a special hearing for the paying party on the issue of damages. Awards will be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with a state, federal or foreign court having jurisdiction over the Party against whom the award is rendered or his, her or its property, as a basis of judgment and of the issuance of execution for collection.

 27. Severability

If any provision of this Agreement or part of the provision is determined to be illegal, invalid or unenforceable by a court of competent jurisdiction, then the remaining provisions will survive and remain in full force and effect, and will be interpreted to give effect to the intentions of the Parties as is possible.

 28. Legal Age

By entering into this Agreement, Client represents and acknowledges that the Client is of legal age in the country, state or province of Client's residency to enter into a contract that is binding on Client.

29. Third Parties

Nothing in this Agreement, whether express or implied, confers any rights or remedies under this Agreement on any person (including other Client’s) other than the Parties and their respective personal representatives, other legal representatives, heirs, successors and permitted assigns. Nothing in this Agreement relieves or discharges the obligation or liability of any third person to any Party to this Agreement, nor does any provision give any third person any right of subrogation or action over or against any Party to this Agreement.

30. Notices

Any notice, consent, demand or request required or permitted by this Agreement must be in writing, is effective upon receipt, and will be transmitted by: (a) personal delivery, (b) registered or certified U.S. mail, (c) overnight national courier service (Federal Express, UPS), or (d) by either facsimile transmission with confirmation of receipt or by e-mail with confirmation of both delivery and opening, together with a hard copy sent by regular U.S. Mail; addressed according to the addresses and other information appearing in the Program unless specifically directed otherwise within this Agreement.

31. Force Majeure

Neither Party is liable for loss or damage or is in breach of this Agreement, if the failure to perform his, her or its obligations is based solely from the following causes beyond his, her or its reasonable control: (a) transportation shortages, inadequate supply of equipment, merchandise, supplies, labor, material, or energy; (b) compliance with any applicable law; or (c) war, terrorism, strikes, natural disaster or acts of God. Any delay resulting from any of these causes extends performance accordingly or excuses performance as may be reasonable, except that these causes do not excuse payments of amounts owed by the Client to the Company for any reason.

32. Interpretation

Each of the Parties agree that he, she or it has have been or has had the opportunity to be represented by its own counsel throughout the negotiations and at the signing of this Agreement and all of the other documents signed incidental to this Agreement. The Client will not, while this Agreement is effective or after its termination or expiration, claim or assert that any term of this Agreement or any of the other documents be construed against the Company.

33.Entire Agreement:

 This Agreement constitutes the entire agreement between the Company and Client with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous communications, proposals or understandings, whether electronic, oral or written.

34. Refund:

The Company wants the Client to join in the Program experience. The Client has been looking for this transformation and the Company does not want to delay The Client any longer.  And in order for the Client to feel comfortable with the Client decision, the Company is going to take away any financial risk the Client may perceive.

 If, after participating fully, the Client understands that Client will be entitled to a refund of the Total Program Fee paid only if:

Client completes all of courses contained in the Program; (b) Client believes that the Company has not met all of its obligations pursuant to the Program; and (c) Client “participates fully” in the Program including but not limited to attending the sessions and completing the Program requirements. If the Total Program Fee paid by Client is refunded to Client, the Client’s ability, license, and access to use the Program Materials will be automatically revoked. Except as provided above, the Total Program Fee or any portion paid thereof which has been paid is non-refundable. Any notices pursuant to this Section shall only be deemed to have been received by the Company if sent to and acknowledged back by the Program Administrator at info@LorindaBuckingham.com. The Company will promptly make arrangements to refund the Total Program Fee paid The Client’s method of payment, minus all the applicable processing fees, shipping fees, handling fees, restocking fees, taxes, and material fees, etc. for the entire amount The Client paid to date. 

This program is about the Client taking positive action to experience transformation. If the Client participate fully, the Client show up for the sessions we schedule, the Client does the work, The Client will get the kind of results outlined. If the Client do not show up for the calls or follow through on the commitments that the Client and the Company made together, the only guarantee is that it will not work!

If the Client is ready to experience the results they desire in their life, click "I Accept" below and you'll be prompted on how to get started.