THE KWAK BROTHERS EDUCATION PROGRAM TERMS AND CONDITIONS
AND EARNINGS DISCLAIMER
UPDATED JULY 11TH 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By using the Website (as defined below), or using the online forum and educational Services (as defined below) offered thereby, you agree to the following terms and conditions (the “Agreement”). The Agreement is a binding legal contract entered into by you and Novo Elite, Inc. DBA the Kwak Brothers (the “Company”). Both you and the Company may be referred to herein individually as a “Party”, and collectively as the “Parties”.
DESCRIPTION OF THE SERVICES AND DEFINITIONS.
Services and Online Forum Description. Company provides educational services in the field of Real Estate Investing, including but not limited to online courses, pre-recorded video classes, live streamed content, and written material (the “Services”). The Services also include online forums and messaging services which allow interaction between yourself, other users of the Services (“Users”), Company personnel, Company Affiliates, and other third-parties (the “Online Forum”) with respect to Real Estate Investing.
“Company Affiliate” means a Company subcontractor, business partner, or other third-party appointed by Company to participate in Mastermind forums.
“Company Content” means all content provided via the Services, including but not limited to video, written, and audio content created or otherwise made available by Company via the Services.
“Customer Data” means your personally identifiable information furnished by you in connection with the provision of the Services.
“Mastermind” means the group of individuals participating in a single Online Forum.
“Website” means Company’s public website through which the Services are being offered.
YOUR USE OF THE SERVICE.
No Use by Minors. The Website and Services are available only to individuals who can form legally binding contracts under applicable law. The Services are not available to persons under the age of majority in their jurisdiction, and in no case to persons under the age of 18. If you are under such age, you can use this service only in conjunction with, and under the supervision of your parents or guardians.
Account Credentials. You shall use no less than reasonable efforts to maintain the security of your Service credentials. You agree not to transfer your account to any third-party. You shall be solely responsible for use of your credentials and/or your account by any third-party. You must notify Company upon becoming aware of any breach or suspected breach of the security of your account.
Appropriate Conduct. You agree not to use the Services for any illegal or unauthorized purpose. You further warrant and agree that your use of the Website and Services does not violate any relevant laws, regulations, legislation, or other applicable rules of any applicable authority. You agree not to (attempt to) modify, adapt, or hack the Website. You agree not to engage in any activities that would create a false association with the Website. You agree not to solicit, harass, or impersonate other Website members.
Sole Responsibility. You are solely responsible for any data, text, information, graphics, photos, profiles, audio clips, video clips, links, or other content (collectively, “User Content”) that you submit, post, display, or otherwise make available on the Website. You warrant that you possess all necessary ownership rights and/or license grants necessary to do so. You hereby grant Company a perpetual, worldwide, fully paid up, fully transferable license to use such User Content as necessary to provide the Services. You shall indemnify Company against any action or claim that such use of User Content infringes the intellectual property rights of any third-party.
Third-Party Content and Services. You acknowledge and agree that content and links that you come across via the Website and Services may be provided by third-parties, such as other Users and Company Affiliates, and may include and point to content outside of Company’s control (“Third-Party Content”). Company shall have no liability whatsoever for any such Third-Party Content, or any third-party fees you may incur by accessing such Third-Party Content, and you hereby release Company from any claims related to or arising therefrom.
Consent to E-mail. By providing Company your e-mail address, you consent to our using the e-mail address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail.
Taxes. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your use of the Services
Other Use Restrictions. You agree that you will use the Services for your own personal, non-commercial use only. You shall not use the Services to advertise or otherwise promote any competing services or any other commercial or non-commercial endeavor. Any user found to be in violation of this provision may be permanently banned. All Services, Mastermind groups, and other Website forums will be heavily monitored for violations of the foregoing. You will comply with this Agreement and any acceptable use policies published or otherwise made available by Company. You will not: a.) use the Services for service bureau or time-sharing purposes or in any other way allow third-parties to exploit the Services; b.) provide Services passwords or other login information to any third-party; c.) share non-public Services features or content with any third-party; or d.) access the Services in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the Services, or to copy any ideas, features, functions or graphics of the Service
Consent to Marketing. You hereby consent to continue to receive from Company, marketing and/or advertising for additional services, events, affiliate products, and services through the mediums of electronic mail, printed mails, phone calls, text messages (carrier fees may apply), social media messages, and/or voicemail directly to your mobile device. You may opt-out of future marketing and advertising from Company at any time through either express written notice, or by clicking on the applicable unsubscribe links contained in any such material.
Soliciting For Capital and/or Securities. You are forbidden from soliciting any sale of securities in the The Kwak Brothers program forums and content regardless if you have a Series 7,9 and/or 6 license. This includes any activities or effort to raise capital, funds and/or monetary value from other members, students, instructors, administrators and/or the employees of the company. Lenders, of any kind, are prohibited from soliciting any offers of loan(s) to members, students and/or administrators. If you are found in violation of this clause, you are to be terminated from the Kwak Brothers program and may result in legal action against you.
Ownership. Company owns all worldwide right, title and interest in and to the Website, the Services, and all derivatives thereof, including without limitation all software used to provide the Services, all Content, all the graphics, user interfaces, logos, and trademarks reproduced through the Services, and all worldwide intellectual property rights therein. This Agreement does not grant you any intellectual property license or rights in or to the Content, Website, the Services, any of its components, or any trademarks, service marks, or other intellectual property of Company.
Limited License Grant. Company grants you a limited, non-transferable, revocable license during the term of your active membership, to view the Content via the Website and Services. You shall not copy, redistribute, or otherwise make available the Content to any third-party.
CUSTOMER DATA AND PRIVACY.
Aggregate & Anonymized Data. Notwithstanding the provisions above, Company may use, reproduce, sell, publicize, or otherwise exploit Aggregate Data in any way, in its sole discretion. “Aggregate Data” refers to information that is aggregated, processed, or otherwise anonymized in such a way that that is no longer personally identifiable.
WARRANTY, DISCLAIMER AND LIMITATION OF LIABILITY.
Warranty Disclaimer. The Website and Services are provided to you without warranty of any kind, whether express or implied. COMPANY SPECIFICALLY EXCLUDES AND DISCLAIMS WARRANTIES OF TITLE, THE WARRANTY OF MERCHANTABILITY, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
Damages Limitation. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR ANY OTHER THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, LOST SAVINGS, COSTS OF CAPITAL, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DOWNTIME COSTS, LOSS OR IMPAIRMENT OF DATA AND OTHER BUSINESS LOSS. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER Company KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN.
Limitation of Liability. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY ON WHATEVER BASIS, EXCEED $1.
Risk Allocation. The provisions herein allocate risks of loss or failure between you and Company. The provisions contained in this Agreement reflect this allocation of risk and the disclaimer and limitations of liability contained herein.
FEES, SIGN UP AND SUBSCRIPTION TERMS.
ONE TIME Sign Up Fees: You Shall pay Company the signup fee for the Services or the selected portion thereof as set forth on the Website (the “Fee”) THE COMPANY RESERVES THE RIGHT NOT TO HONOR ANY REFUND REQUEST.
REFUND REQUEST: All refund request must be submitted through a designated cancellation page. each program shall have its own unique web page for refund requests. all refund request must be submitted within the 7 days of purchase. refund requests after the 7 days after purchase shall be declined automatically.
Any 1:1 coaching programs: please submit in writing email@example.com
Subscription Fees. IF YOU HAVE PURCHASED A RECURRING SUBSCRIPTION PROGRAM, You shall pay Company the subscription fees for the Services or the selected portion thereof as set forth on the Website (the “Fee”). The company will not be required to refund the Fee under any circumstances. The Fee shall be paid monthly in advance.
Changes in Fees. Company reserves the right to change the Fees at any time in its sole discretion. Prior to such change, conspicuous notice will be provided to you with instructions on how to prevent monthly renewal at the new Fee.
Subscription Duration. IF YOU HAVE PURCHASED A RECURRING SUBSCRIPTION PROGRAM, Your subscription to the Services (or portion thereof) (the “Subscription”) shall begin upon your first election to receive paid services and shall continue in effect until your termination thereof per the terms below.
Subscription Termination. IF YOU HAVE PURCHASED A RECURRING SUBSCRIPTION PROGRAM, You may prevent the renewal of your Subscription at the conclusion of any monthly billing period by providing Company with not less than thirty (7) days advanced written notice thereof.
Confidential Information. By virtue of this Agreement, the Parties may have access to each other’s Confidential Information. “Confidential Information” means all information or knowledge provided by one Party, including such Party’s agents or contractors, to the other relating to this Agreement and the subject matter hereof, whether in physical or electronic form or pursuant to visits to premises and in any form or medium in which such information may be recorded or kept which: a.) if disclosed in writing, is marked as “confidential” or “proprietary”; or b.) if disclosed orally, is summarized in writing by the disclosing Party and sent to the receiving Party within thirty (30) days of the initial disclosure. Confidential Information shall include, but not be limited to, trade secrets; documentation, reports and manuals, algorithms, ideas, concepts, methodologies, test data, test results, testing procedures and processes; technologies and software; techniques; business information; financial information; business plans; customer lists; marketing information; sales plans; and/or sales projections. Without in any way limiting the foregoing, and notwithstanding anything to the contrary herein, the Confidential Information of Company shall include all Website and Services content.
Exclusions. Confidential Information shall not include information that: ) is or becomes publicly known through no act or omission of the receiving Party; b.) was in the receiving Party’s lawful possession prior to the disclosure; c.) is rightfully disclosed to the receiving Party by a third-party without restriction on disclosure; or d.) is independently developed by the receiving Party, which independent development can be shown by written evidence.
Use and Nondisclosure. During the term of this Agreement, and for a period of five (5) years after expiration or termination thereafter, neither Party shall make the other’s Confidential Information available to any third-party or use the other’s Confidential Information for any purposes other than exercising its rights and performing its obligations under this Agreement. Each Party shall take all reasonable steps to ensure that the other’s Confidential Information is not disclosed or distributed by its in violation of the terms of this Agreement, but in no event will either Party use less effort to protect the Confidential Information of the other Party than it uses to protect its own Confidential Information of like importance. Notwithstanding the foregoing, Confidential Information may be disclosed as required by any governmental agency, provided that before disclosing such information the disclosing Party must provide the non-disclosing Party with sufficient advance notice of the agency’s request for the information to enable the non-disclosing Party to exercise any rights it may have to challenge or limit the agency’s authority to receive such Confidential Information.
RIGHTS OF COMPANY.
Changes to the Service. Company may, at its sole discretion, change or remove some or all of Services and Website at any time. Company reserves the right to interrupt the Services with or without prior notice for any reason or no reason. You agree that Company will not be liable to you for any interruption of the Services, delay, or failure to perform.
Change to the Agreement. Company reserves the right to amend this Agreement at any time. If amendments constitute a material change to the Agreement, to be determined at the sole discretion of Company, Company will notify you via e-mail or via a conspicuous notice on the Website.
Refusal of Service. Company reserves the right to refuse service to anyone for any reason at any time. Company may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice and liability for any reason, including if in Company’s sole determination you violate any provision of this Agreement, or for no reason.
Trademarks. All Company graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks of Company. Company reserves all rights in said trademarks and service marks and no rights therein are granted or transferred hereunder. You shall not use any of Company’s trademarks or service marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
Right to Refuse Refund. The company reserves the right to refuse or deny any refund request in accordance with the company’s sound business judgment.
Company’s Reasonable Business Judgement. Whenever the Company reserves or is deemed to have reserved discretion in a particular area or where the
Company agrees or is deemed to be required to exercise the Company’s rights reasonably or in good faith, the Company will satisfy its obligations whenever the Company exercises its reasonable business judgment in making its decision or exercising its rights. A decision or action by the Company will be deemed to be the result of reasonable business judgment, even if other reasonable or even arguably preferable alternatives are available, if its decision or action is intended, in whole or significant part, to promote or benefit the Company or Community Members generally, even if the decision or action also promotes a financial or other individual interest of the Company. Examples of items that will promote or benefit the Company or the Community Members include enhancing the value of the trademarks, improving customer service and satisfaction, improving product quality, improving uniformity, enhancing or encouraging modernization, and improving the competitive position of the Company or one or more Community Members.
TERM AND TERMINATION.
Term. The term of this Agreement (the “Term”) will commence on the date you first access the Website and continue until you cease use of the Services or the Agreement is terminated earlier per the terms below.
Termination for Breach. Either Party may terminate this Agreement should the other Party fail to cure a material breach of its terms within fifteen (15) days of receiving written notice thereof.
Effect of Termination. Upon termination of this Agreement, Customer will cease all use of the Services and delete, destroy, or return all copies of Company’s Confidential Information in its possession or control.
Survival. The following sections shall survive the termination of this Agreement for any reason: 2, 3, 4.2, 5, 7, 8.4, 9.3, 9.4, 10, and 11. Further any provisions that must survive to fulfill their essential purpose shall do so.
Indemnity. YOU AGREE TO INDEMNIFY AND HOLD COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATED TO YOUR ACCESS OF THE WEBSITE AND/OR USE OF THE SERVICES, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD-PARTY.
“Affiliate” means, with respect to any entity, any other entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such entity, and the term “control” (including the terms “controlled by” and “under common control with”) means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such entity, whether through ownership of voting securities, by contract, or otherwise.
Relationship Between Parties. Neither Party shall be deemed to be an employee, agent or partner of the other in connection with this Agreement. Neither Party shall have any right or authority to assume or create any obligation or responsibility, either express or implied, on behalf of the other Party. The Parties shall be and remain independent contractors with respect to this Agreement.
Governing Law. This Agreement shall in all respects be interpreted, construed in accordance with and governed by the laws of the State of Illinois. The Parties specifically exclude the application of the 1980 United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable.
Venue and Jurisdiction Provisions. In the event of any litigation between the Parties, the Parties agree that the sole and exclusive venue and jurisdiction for any such action shall be in the courts of competent jurisdiction located in Kane County, State of Illinois. The Parties agree that the above referenced courts shall have personal and exclusive jurisdiction over the Parties for any dispute arising out of this Agreement.
Severability. In the event that any one or more of the provisions of this Agreement is for any reason held to be illegal or unenforceable in any respect, such illegality or unenforceability shall not affect the other provisions of this Agreement, which shall remain in full force and effect.
Force Majeure. Neither Party will be liable for any failure to perform due to unforeseen circumstances or causes beyond such Party’s reasonable control, including, without limitation, acts of God, war, riot, acts of civil or military authorities, delay in delivery by vendors, fire, flood, accident, strikes, inability to secure communication or transportation facilities or labor or materials. In the event of a force majeure event, such Party’s time for delivery or other performance will be extended for a period equal to the duration of the delay caused thereby.
Entire Agreement. This Agreement is the entire agreement between the Parties and supersedes all proposals, all prior agreements, commitments, oral or written, and all negotiations, conversations or discussions between the Parties relating to this Agreement.
Modifications. Except as otherwise allowed per the terms of this Agreement, this Agreement may be modified only by a writing signed by each Party.
Headings. Headings included in this Agreement are for convenience only and are not to be used to interpret the provisions of the Agreement between the Parties.
Assignment. You may not assign or delegate the rights and obligations of this Agreement without the prior express written permission of Company. Company may unilaterally assign or delegate the rights and obligations of this Agreement at its sole discretion. The terms of this Agreement shall be binding upon and inure to the benefit of the Parties and their successors and permitted assigns.
Waiver. The failure of either Party to enforce at any time any of the provisions hereof shall not be construed to be a waiver of the right of such Party thereafter to enforce any such provisions.
Benefit. This Agreement is made for the benefit of each of the Parties and not for the benefit of any other persons.
Attorneys’ Fees. In any litigation or arbitration between the Parties, the prevailing Party shall be entitled to reasonable attorney fees and all costs incurred in connection with such proceedings.
No Presumption. There shall be no presumption applied against any Party on the ground that such Party was responsible for preparing this Agreement or any part of it.
Conflict With Terms of Service or Other Policies. Should any conflict arise between this Agreement or any other policy documents, this Agreement shall prevail.
Equitable Relief. Each Party acknowledges that a breach by the other Party of any confidentiality or proprietary rights provision of this Agreement may cause the non-breaching Party irreparable damage, for which the award of damages would not be adequate compensation. Consequently, the non-breaching Party may institute an action to enjoin the breaching Party from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and a Party may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which the non-breaching Party may be entitled at law or in equity.
Mastermind Forum Rules & Policy
“FORUM” means an online and digital property that allows you to comment, reply, communicate, spectate and/or create any conversation threads that are written, read and/or viewed via image.
You are prohibited from cussing, swearing, and writing profanity at any time and any place of the mastermind forum, both public and private.
You are prohibited from marketing, advertising, soliciting and/or any activities alike in the mastermind forum.
You are prohibited from bullying and/or harassing any members of the forum.
You are prohibited from soliciting for any funds and capital from any members of the forum.
You are prohibited from marketing, advertising or soliciting of any hard money loan products on the forum.
You are prohibited from recruiting and/or marketing of any Multi-Level Marketing (MLM) Opportunities, business opportunities, pyramid schemes, ponzi schemes, and/or other network marketing companies and its products in the mastermind forum.
You are prohibited from discussing or sharing of any names of the Company’s competition.
You are prohibited from giving any legal, tax, and/or financial advice unless you are licensed in your designated profession. You must disclose your status of your professional licence holdings. If you hold a professional license, You must also provide a disclosure to suggest that you are not giving any legal, tax and/or financial advice and advise that you are not constituting a client-agent relationship(s).
You are prohibited from uploading any inappropriate, sexual, poor-taste contents including images, videos, and/or any media not mentioned.
3. Violation Of the Rules
Any members found to be in violation of the mastermind forum rules and policies will be banned from the forum and will be suspended from the Kwak Brothers program indefinitely without any refunds, including within the privileged 7 day refund period.
Copyright 2019 - The Kwak Brothers
All Users of the kwak brothers programs are recommended to consult with licensed attorney before signing or entering into any legal contracts