We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service as modified.
II. Intellectual Property Rights
Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site, or the materials available on the Site, in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including without limitation, comments, blog entries, photos and videos) to us via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the expressed consent of the owner of the material; and (ii) that you are 18 years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium now-known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind, and that we may elect to cease the use and display of any such materials (or any portion thereof) at any time, for any reason.
Limitations on Linking and Framing. You may establish a hypertext link to the Site as long as the link does not state or imply any sponsorship of your site by us or by the Site. You may not, however, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Company Proprietary Rights Under the terms of this agreement, you expressly acknowledge, accept, and agree that any software used in connection with the services provided by TheWholesaleFormula.com contains proprietary, copyrighted and confidential information that is protected by applicable intellectual property and other laws. You expressly acknowledge, accept, and agree that the Content contained in sponsor advertisements or information presented to you through the services or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You also expressly acknowledge, accept, and agree that unless expressly authorized by TheWholesaleFormula.com or advertisers not to modify, rent, lease, loan, sell, distribute, or create derivative works based on those aforementioned services or software in whole or in any part thereof. You also expressly acknowledge that any mass downloading of course content for possible distribution is strictly prohibited. You understand that by making any attempts to circumvent the educational processes in place (such as bypassing exams, assignments, etc.) for the sole purpose of obtaining direct download access to TheWholesaleFormula.com’s copyrighted material is not the way this educational service is intended to be used, is not supported, and will result in account suspension. You also acknowledge that TheWholesaleFormula.com is a site of learning and that excessive failure rates of course lessons may also result in account limitations and/or account suspension.
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through those sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors and not TheWholesaleFormula.com. Neither TheWholesaleFormula.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, TheWholesaleFormula.com neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Site by anyone other than an authorized TheWholesaleFormula.com representative while acting in his/her official capacity. The Site is maintained for educational purposes only. Before embarking on any new business endeavor, please use caution and seek advice from your own personal professional advisors, such as your attorney and your accountant.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY THEWHOLESALEFORMULA.COM AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
IV. Earnings Disclaimer
We make no representations, warranties or guarantees regarding the sales, earnings, or other results you or others will achieve as a result of using our courses.
While we’ve done our best to ensure that we accurately represent our program and its ability to help you grow your business and improve your finances, you are ultimately responsible for your results, which will depend on your knowledge, ability, business savvy, financial situation, and the amount of time and effort you invest (among other factors).
The results experienced by our students/members vary significantly. You may make little or no money; in fact, you may lose money. We do not know what sales, earnings, or other results are typical for our students/members.
To the extent that we present testimonials or other statements concerning the sales, earnings or other results achieved by our students/members, you should understand that those statements are not expressed or implied claims that you or others will achieve similar results. Also, past sales, earnings, or other results achieved by our students/members are not necessarily indicative of what their future results will be.
Where sales, earnings or other results achieved by our students/members are mentioned, those statements are likely to be based on information provided to us by those students/members. We may not have documentation or other verification of the results actually achieved by those individuals.
To the extent that we present hypothetical examples, we do so in order to help explain the principles and techniques we teach you. If sales, earnings, or other figures are used in hypothetical examples, you should not assume that those figures reflect the results achieved by any actual student/member, and you should not expect to achieve the same or similar sales or earnings.
V. Online Commerce
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for those independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages you may incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that TheWholesaleFormula.com shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, noncommercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the expressed consent of such third party to provide such third party’s personal information.
VI. Interactive Features
This Site may include a variety of features (such as Facebook Group, webinars, phone calls and email services), which allow feedback to us and real-time interaction between users, as well as other features that allow users to communicate with others. Responsibility for what is posted on Facebook Group, webinars, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site.
It is a condition of your use of the Site that you do not:
• Restrict or inhibit any other user from using and enjoying the Site.
• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the Site or its features or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
• Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
• Gain unauthorized access to the Site or any account, computer system, or network connected to this Site by means such as hacking, password mining or other illicit means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
• Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the Site to post, transmit or in any way exploit any information, software or other material that contains advertising or is used for commercial purposes.
• Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our expressed written approval.
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
• Purchase, download or copy any products or services from this site and use to pirate said content.
TheWholesaleFormula.com may host message boards, chats and other public forums on its Site. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. TheWholesaleFormula.com or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by TheWholesaleFormula.com staff, our outside contributors, or by users not connected with the Company, some of whom may employ anonymous user names. We expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of TheWholesaleFormula.com or any of its subsidiaries or affiliates.
TheWholesaleFormula.com has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Site. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and you are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
IX. Limitation of Liability
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND THEWHOLESALEFORMULA.COM MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESSED, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. You acknowledge and agree that no representation has been made by the Company or its affiliates and should not be relied upon for determining future income, expenses, sales volume or potential profitability that may be derived from participation in this program or any of the Company’s programs.
You agree at all times to defend, indemnify and hold harmless the Company, its affiliates, their successors, transferees, assignees and licensees and the respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
We offer all students a 30-day, no-questions-asked, 100% money-back guarantee on any course or product that has a refund guarantee with the exception of any live events, or private mastermind opportunities, TheWholesaleFormula.com workshops, Pro Membership or any White Glove Service. The guarantee period begins on the first day course materials are available (Module One for drip courses or the entire course if it is released in full). Refunds are processed to the original method of payment or if that is not possible (e.g., wire payments) we will send you a check. All payments are processed in US dollars, and any refunds are limited to the exact amount paid in US dollars. VAT payments and any differences in exchange rates are nonrefundable.
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 hosted by TheWholesaleFormula.com infringe your copyright, you or your agent may send to us a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon TheWholesaleFormula.com actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to us a counter-notice. Be sure to read our Copyright Policy, which is part of our Terms and Conditions.
For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
2. Identification of the specific copyrighted work that you claim has been infringed.
3. Identification of the specific material that is claimed to be infringing and where it is located on the Service.
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number and email address.
5. 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 law.
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent: (Jim Francis 2333 Alexandria Drive, Lexington, KY 40504)
This Agreement shall be binding upon and inure to the benefit of TheWholesaleFormula.com and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of TheWholesaleFormula.com. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by us to any affiliated entity or any of its wholly owned subsidiaries.
XIV. Governing Laws
You agree that: (i) the Service shall be deemed solely based in Kentucky; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than Kentucky. This Agreement shall be governed by the internal substantive laws of the State of Kentucky, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except as otherwise agreed between the parties or as described in this Agreement, any claim or dispute between you and TheWholesaleFormula.com that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Laurel County, Kentucky unless submitted to arbitration as set forth in the following paragraph.
XV. Resolution of Disputes by Binding Arbitration
READ THIS SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF BY A JUDGE, JURY, OR CLASS ACTION LAWSUIT.
Mandatory Binding Arbitration. All disputes arising out of or related to this Agreement or our Service in general (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on any Service, advertising or otherwise having a connection to this Agreement. The arbitration will be conducted by one arbitrator using the procedures described by this Section. If any portion of this Resolution of Disputes by Binding Arbitration Section is determined to be unenforceable, then the remainder shall be given full force and effect.
The arbitration of any dispute shall be conducted in accordance with the American Arbitration Association’s (“AAA”) Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. To the extent that such procedures differ from this Agreement, this Agreement shall govern to the fullest extent permitted by law. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS’ FEES. YOU AND COMPANY BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT. In the event that a dispute arises out of this Agreement, the prevailing party shall be entitled to its reasonable expenses, including attorney’s fees, regardless of whether in house or outside counsel is employed.
Arbitration Information and Filing Procedure. Before you take a dispute to arbitration or to small claims court, you must first write to us at TheWholesaleFormula.com, and give us an opportunity to resolve the dispute. Similarly, before we takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within ninety (90) days from the date you or the Company is notified by the other of a dispute, then either party may contact the AAA and request arbitration of the dispute. Information about the arbitration process and the AAA’s Arbitration Rules and its fees are available on the Internet at www.adr.org. The arbitration will be based only on written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA’s telephonic, online, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location the AAA selects in Kentucky. Arbitrations under this Agreement shall be confidential as permitted by federal law.
Time for Filing Claims. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed with the AAA within one year after such claim or cause of action arose or be forever barred.
This Agreement, together with any amendments and any additional agreements you may enter into with TheWholesaleFormula.com in connection with the Service, shall constitute the entire agreement between you and the Company concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
XVII. Your Comments and Concerns
The US website is operated by Ascension Consulting, LLC, located at 801 Master Street Suite #2, Corbin, KY 40701.
All feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: email@example.com