The following Terms and Conditions govern the agreement (“Agreement”) between You (the purchaser of the DealFuel Beta Offer (the “Offer”)) and AAD Stores LLC, and its affiliates, sub-contractors, employees, agents, owners, or assigns (“DealFuel”), attached hereto and entered into effective as of the date of Your signature on the Agreement (“Effective Date”). You and DealFuel are each referred to as a “Party” and collectively as the “Parties.”
The Offer includes: (1) lifetime access to the DealFuel Telegram community, (2) a DealFuel profile, and (3) call recordings.
1. PAYMENT TERMS. You authorize DealFuel to immediately process the credit card information you have provided, in the amount of $299 for the Offer. You acknowledge and agree that the Offer purchase does not include any other service, product, or expense, other than as set forth herein.
2. NO RIGHT TO REFUND. Because You will start to receive services of the Offer immediately, You understand and agree that You shall have no right to receive any refund for any reason or at any time. You further understand and agree that if You should fail or refuse to avail Yourself of any education or training, You shall not be entitled to any refund. Before investing in the Offer and making any payment, DealFuel asks that You consider the financial implications of such a payment and the prospective benefits provided by the services being offered..
3. NO INCOME CLAIMS. You agree that neither DealFuel, nor its representatives, has made any promise, guarantee, or other representation with respect to Your future income or gains resulting from the provision of the Offer, and that You have not been induced to enter the Agreement as a result of any income claims.
4. TERM. The Agreement shall remain in effect indefinitely from the Effective Date, and You understand and agree that You shall have no right to receive any services following expiration of the Agreement.
5. INTELLECTUAL PROPERTY. DealFuel retains all right, title and interest in any and all intellectual property related to or associated with the Offer and its services, including without limitation: (a) trademarks and copyrights; and (b) any other proprietary right arising under the laws of the United States. You understand and agree that neither the Agreement nor the services under the Offer by DealFuel shall constitute a transfer, assignment, or license of any intellectual property rights from or by DealFuel. You acknowledge that the content of the Offer services, including without limitation the materials and information provided to You as education, is confidential and proprietary to DealFuel; accordingly, You agree that You shall not communicate the teachings, materials, or information acquired or learned from DealFuel to any other person.
6. CONTACTS. By signing the Agreement and providing Your credit card information, You agree that DealFuel may call and text You regarding Your account information and regarding other offers, products, and services, including through the use of automated dialing equipment and pre- recorded messages, and that this consent is not a condition of purchase.
7. INDEMNITY. You agree to protect, defend, indemnify and hold harmless DealFuel, its officers, directors, employees or their invitees, from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your receipt of services or actions taken in response thereto. Your indemnity obligation includes, but is not limited to, any claim for personal injury sustained while traveling to or attending any seminar or other in-person training provided by DealFuel to You.
8. LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL DEALFUEL'S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT PAID BY YOU TO ETISON IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO ANY CLAIM BY YOU. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
9. FORCE MAJEURE. Except for the duty to make payments hereunder when due, and the indemnification provisions under this Agreement, neither Party shall be responsible to the other for any delay, damage, or failure caused by or occasioned by any act of God, act of nature or the elements, terrorism, insurrection, or any other causes (except financial) beyond the control of either Party.
10. YOUR REPRESENTATIONS. You represent and warrant that: (a) You operate in good standing, and are purchasing the Offer for Your existing sales career; (b) there are no prior or pending government investigations or prosecutions against You, nor any prior or pending lawsuits against You; and (c) You agree to notify DealFuel immediately if any investigation or lawsuit is threatened or filed against You, whereupon DealFuel shall have the right to terminate the Agreement and these Terms and Conditions without liability.
11. MODIFICATIONS TO THE OFFER SERVICES. DealFuel reserves the right to change, cancel, or terminate the beta program at any point in time, without notice to You. DealFuel is hereby expressly permitted to make videos and other educational content unavailable at any time without notice to You. Furthermore, DealFuel may revoke Your access to the beta program for any breach of this Agreement, any breach of the DealFuel Terms of Service.
12. NO AGENCY. You are not permitted to hold yourself out to any person or entity as a representative, agent, employee, partner, or otherwise of DealFuel.
13. WAIVER OF CLASS ACTION You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement, or DealFuel. Claims brought against DealFuel may not be joined or consolidated with claims brought by anyone else.
14. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the state of Wyoming without regard to any choice of law provisions.
15. SEVERANCE. In the event any provision of the Agreement or these Terms and Conditions is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and these Terms and Conditions, as so modified, shall continue in full force and effect.
16. NO ASSIGNMENT. The Agreement cannot be assigned by You to another party without the express written consent of DealFuel.