TERMS OF USE
IMPORTANT—PLEASE READ THESE TERMS OF USE (“TOU”) BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS THE SITE. BY ACCESSING THIS SITE YOU AGREE TO ALL OF THE FOLLOWING:
DESCRIPTION OF PRODUCTS AND SERVICES
A.D. Kessler provides its clients with access to a variety of products and services, including without limitation the A.D. Kessler Home Study Course, the Exclusive Newsletter, Personal Mentoring/Coaching, and access to this Internet Site (all of which are referred to herein collectively as the “Products and Services”).
D/B/A NAME REGISTRATIONS, SUBSIDIARIES AND AFFILIATES
Premier Mentoring, Inc. is a Utah-based corporation that conducts business as Premier Mentoring, Inc., (“Premier Mentoring”), and Premier Mentoring, Inc. d/b/a A.D. Kessler (“A.D. Kessler”). Reference to one is intended as a reference to all. These TOU are intended to apply to all Products and Services provided to you by Premier Mentoring and/or any of its d/b/a entities, and/or its subsidiaries and/or affiliates.
ACCEPTANCE OF TERMS
All of the Products and Services provided to you by A.D. Kessler via this Internet Site are provided subject to the following terms. Additionally, you further understand and agree that where there is no conflict with other written agreements, all of the Products and Services provided by A.D. Kessler, including any updates, enhancements, new features, and/or the addition of any new information, whether provided via this Internet Site or via other medium, are also subject to these TOU.
BY USING THIS SITE AND BY PURCHASING ANY A.D. KESSLER PRODUCTS AND SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. A.D. Kessler reserves the right to update these TOU without prior notice to you. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.
THREE-DAY CANCELLATION/REFUND POLICY
You have three-days within which to rescind or cancel your purchase of the Products and Services. This three-day cancellation/refund period begins at the later of: (a) the date upon which you orally agree to purchase the Products and Services (“Oral Compliance”) or (b) delivery of the home study course materials, and expires at midnight on the third full business day thereafter. For purposes of this policy, business days are defined to include all calendar days except Sundays and federal holidays. If you choose to cancel your purchase within the time allowed you should contact a customer service representative (or leave a voice mail) at (801) 495-2405 ext. 125. You will then be provided a return authorization code and further instructions on how to return your materials. All refunds require a return of all materials and may take up to two weeks to process. You will be charged a non-refundable shipping fee.
A.D. Kessler’S SERVICE OBLIGATION
Once you have paid for any of the Products and Services, you are expected to participate in and/or use such Products and Services within one (1) year from the date of your purchase. Although exceptions may be approved in A.D. Kessler’s sole discretion, A.D. Kessler shall be under no obligation to provide you any of its Products and Services after one (1) year from the date of your payment for such Products and Services.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
The Products and Services are offered and provided solely for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, goods or services obtained from the Services. As a condition of your use of the Products and Services, you will not use the Products and Services for any purpose that is unlawful or prohibited by these TOU.
NO LICENSE
All information produced on our Internet Site or through the Products and Services is the property of A.D. Kessler or its content suppliers and is protected by United States copyright law. Nothing on this Internet Site or in the Products and Services shall be construed as conferring any license of any of A.D. Kessler’s or any third party’s intellectual property rights.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If you receive a password and account designation with regard to this Internet Site, you agree to be solely responsible for maintaining the confidentiality of your password and account, and further agree that you are fully responsible for all activities that occur under your password or account. You agree to immediately notify A.D. Kessler of any unauthorized use of your password or account or any other breach of security.
CREDIT CARD AND SITE FEES
As a condition to your access to some or all of the Products and Services, you must provide A.D. Kessler with a valid credit card and/or debit card number. Any such card must belong to you and must have sufficient credit or funds to pay the fees associated with your purchase(s) of the Products and Services. Your card will be automatically debited for all fees associated with the Products and Services provided. If you have subscribed to the newsletter, at the expiration of your initial subscription your subscription will automatically renew on a month-to-month basis. Your credit card will be charged each additional month’s subscription fee. In the event you cancel the card provided to A.D. Kessler, you must immediately provide A.D. Kessler with a new card number to continue access to the Products and Services. You authorize A.D. Kessler to make charges to your card based on your purchase(s) of the Products and Services.
You agree to pay for all fees incurred in connection with your use of the Internet Site, including connection, ISP, and long distance charges. In addition, A.D. Kessler may charge additional fees to access to some or all of its Internet Site. A.D. Kessler may change its Internet Site fees or add new fees by providing you with advanced notice, which may be provided via this Internet Site.
NEWSLETTER SUBSCRIPTION
If you have subscribed to the newsletter, at the expiration of your initial subscription your subscription will automatically renew on a month-to-month basis. You may cancel your subscription at any time by contacting A.D. Kessler’s customer service at (801) 495-2405.
DISCLAIMER OF WARRANTIES AND LIABILITY/NO REPRESENTATIONS OR GUARANTEES
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS INTERNET SITE AND THE PRODUCTS AND SERVICES OFFERED BY A.D. KESSLER (WHETHER PROVIDED VIA THIS SITE OR ANOTHER MEDIUM SUCH AS NEWSLETTERS) IS AT YOUR OWN SOLE RISK, ALL SUCH PRODUCTS AND SERVICES BEING PROVIDED TO YOU WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT FOR THE SUCCESS GUARANTEE OUTLINED IN YOUR COACHING AGREEMENT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, A.D. KESSLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. A.D. KESSLER MAKES NO WARRANTIES OR GUARANTEES OR REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY OF THE PRODUCTS AND SERVICES OFFERED BY A.D. KESSLER EXCEPT FOR THE SUCCESS GUARANTEE OUTLINED IN YOUR COACHING AGREEMENT. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, BUT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT THE MAXIMUM LIABILITY OF A.D. KESSLER, ITS AFFILIATED AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE VENDORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, AND ANY PERSON INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE PRODUCTS AND SERVICES SHALL BE FOR THE PURCHASE PRICE YOU PAID FOR SUCH PRODUCTS AND SERVICES AND NO MORE. ACCORDINGLY, YOU EXPRESSLY AGREE THAT A.D. KESSLER, ITS AFFILIATED AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE VENDORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, AND ANY PERSON INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE PRODUCTS AND SERVICES SHALL NOT BE LIABLE FOR ANY CLAIMS, LIABILITY, OR DIRECT, INDIRECT, PUNITIVE, ACTUAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES RESULTING FROM YOUR PURCHASE AND/OR USE OF ANY PRODUCTS AND SERVICES WHICH EXCEEDS THE PURCHASE PRICE YOU PAID FOR THE PRODUCTS AND SERVICES.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE LIMITATION WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. HOWEVER, YOU AGREE THAT THE LIMITATIONS OF LIABILITY AS SET FORTH ABOVE SHALL APPLY EITHER AS SET FORTH ABOVE OR TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IF APPLICABLE LAW REQUIRES THAT A WARRANTY MUST SURVIVE, THEN YOU AGREE THAT ANY SUCH WARRANTY SHALL SURVIVE FOR THE ONE DAY ONLY—BEING THE FIRST DAY YOU HAD ACCESS TO THE PRODUCTS AND SERVICES.
NEWSLETTER AND INTERNET SITE SPECIFIC DISCLAIMER
You understand and agree that the information provided through this Internet Site and any newsletters (which are part and parcel to the reference of Products and Services) may have been obtained from various content providers and sources all believed to be reliable. You understand and acknowledge that the accuracy, completeness, timeliness or correct sequencing of the information contained in the newsletters or on this Internet Site is not guaranteed by A.D. Kessler, is not intended to address the specific investment situation, and may not be appropriate for your individual situation.
You further understand that the information provided through this Internet Site and/or any newsletters may not be reproduced, retransmitted, disseminated, sold, distributed, published, broadcasted, circulated or commercially exploited by you in any manner without the express written consent of A.D. Kessler.
All information provided in the newsletters and on this Internet Site is intended for information purposes only and is not a solicitation or an offer to buy or sell securities. Because investing and trading in the financial markets involves risk, A.D. Kessler recommends that you do your own research and consult with a registered financial advisor before making any investment decisions.
WITHOUT IN ANY WAY LIMITING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE, AND AS AN ADDITIONAL RESTATEMENT THEREOF WITH RESPECT TO THE NEWSLETTERS AND THIS INTERNET SITE, NEITHER A.D. KESSLER NOR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR CORRECT SEQUENCING OF THE INFORMATION IN THE NEWSLETTER OR THIS INTERNET SITE OR FOR ANY DECISION MADE OR ANY ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION CONTAINED THEREIN.
NEITHER A.D. KESSLER NOR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSSES, COSTS, OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATE OR OTHER INTAGIBLE DAMAGES OR LOSSES ARISING FROM OR RELATING TO YOUR SUBSCRIPTION TO THIS INTERNET SITE OR THE NEWLSETTERS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, BUT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LINKS TO THIRD PARTY SITES
This Internet Site may provide links to third-party sites or resources. Because A.D. Kessler has no control over such sites and resources, you acknowledge and agree that A.D. Kessler is not responsible for the availability of such linked sites and is not responsible or liable for any content, advertising, products, services or other materials on or available from such linked sites. Providing these links to you is intended as a convenience and the inclusion of any link does not imply endorsement by A.D. Kessler of the site or the products, services or other materials available thereon.
TERMINATON OF INTERNET SERVICES
You agree that A.D. Kessler, in its sole discretion, may terminate or restrict your use or access to this Internet Site (or any part thereof) for any reason, including, without limitation: (a) that A.D. Kessler believes you have violated or acted inconsistently with the letter or spirit of these TOU; (b) your failure to pay fees associated with the Services; (c) discontinuance of or modification to the Services (or any part thereof), or (d) technical or security problems or issues.
INDEMNIFICATION
You agree to hold harmless A.D. Kessler and its directors, officers, employees and agents from any and all claims, losses, liabilities, costs and expenses (including attorneys’ fees) arising out of or related to you violation of these TOU or any third party’s rights, including without limitation, copyright, proprietary, and privacy rights which may arise as a result of your use of this Internet Site or any of the Products and Services provided by A.D. Kessler.
RIGHT TO USE
You agree to allow A.D. Kessler, and any of its affiliates, subsidiaries, agents, representatives, publishers, distributors, advertisers, licenses, successors and assigns the right to use your name, images, profiles, trading history, and recorded statements in promoting, exhibiting, advertising, marketing and publicizing A.D. Kessler or any of the Products and Services provided by A.D. Kessler. You may contact A.D. Kessler in order to request that your name, images, profiles, trading history and recorded statements not be used in any way or only in limited ways. To do so, contact customer service at (801) 495-2405.
GENERAL PROVISIONS
You acknowledge that before being granted access to this Internet Site, you may have completed an oral “compliance” process (“Oral Compliance”) whereby representatives of A.D. Kessler orally confirmed your desire to purchase some or all of the Products and Services provided by A.D. Kessler. You may have also signed a written “Coaching Agreement” (“Coaching Agreement”). You agree that these TOU, together with any Oral Compliance and any written Coaching Agreement constitute the entire agreement between you and A.D. Kessler and that these agreements govern your relationship with A.D. Kessler as well as govern your use of this Internet Site. You further agree that the Oral Compliance, Coaching Agreement, and these TOU supercede any and all other agreements between you and A.D. Kessler.
If any provision of these TOU is held to be invalid or unenforceable, then such invalidity shall not affect the enforceability of any other provision of the TOU, the Oral Compliance, or the Coaching Agreement.
The failure of A.D. Kessler to exercise or enforce any right or provision of the TOU, Oral Compliance or Coaching Agreement shall not constitute a waiver of such right or provision.
By accessing the Site and by using the Products and Services provided by A.D. Kessler, you agree that all of the rights, obligations, and duties arising from the Products and Services or this Internet Site shall be governed and construed in accordance with the laws of the State of Utah, without regard to its conflicts of laws principles. Any controversy or dispute arising out of your use of the Internet Site, or any of the Products and Services provided by A.D. Kessler shall be resolved, and if necessary, litigation exclusively in the state or federal courts located in Salt Lake County, Utah.
You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of this Internet Site or your use of any of the Products and Services provided by A.D. Kessler must be filed within one (1) year after such claim or cause of action arose or be forever barred.
In the event A.D. Kessler bring any action against you for violation of these TOU, the Oral Compliance or the Coaching Agreement, or to collect any unpaid fees from you, you agree that in addition to all other remedies and damages that may be awarded, A.D. Kessler shall also be awarded reimbursement of its costs and fees (including but not limited to reasonable attorneys’ fees) incurred in such action.
The section titles above are for convenience only and have no legal or contractual effect.
