Course Participant Contract
PLEASE READ THIS AGREEMENT CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS.
This writing outlines the intended legal relationship between Promethean Education, LLC (the “COMPANY”) and you (the “CLIENT”). The writing (the “AGREEMENT”) is intended to govern and control your purchase and use of the Liquid Financial Wellness course (the “PROGRAM”) from the COMPANY.
The COMPANY and the CLIENT are the intended parties (the “PARTIES”) to this AGREEMENT.
Accepting these terms
As the CLIENT, you are entering into a legally binding agreement with the COMPANY, a Limited Liability Company registered in the State of Hawaii, according to the following terms and conditions, when you do any of the following:
Click “I Agree”
Click "Create Account"
Email your statement of agreement
Enter your credit card information
Complete and submit the Account Creation Opt-in form
Sign this agreement on this page, or reverse
Enroll electronically in the PROGRAM
Enroll verbally, or otherwise, in the PROGRAM
Enroll electronically or verbally in the PROGRAM even if you did not purchase the PROGRAM (you accepted a free offer or your employer or another individual or entity purchased the PROGRAM for you to enroll in and use.)
With this acceptance, the PARTIES agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT. A facsimile, electronic, or emailed executed copy of acceptance of this AGREEMENT is legally binding with either a written or electronic signature and has the same result as an originally signed copy.
This AGREEMENT is executed and valid, when CLIENT accepts these terms (electronically, verbally, written, and or otherwise).
The terms of this AGREEMENT are binding on any additional goods and or services supplied by COMPANY to CLIENT.
PARTIES agree that the PROGRAM is in the nature of Education. No financial, accounting, tax, legal or other professional services are offered or provided.
The scope of services provided by COMPANY according to this AGREEMENT are limited to those listed on COMPANY’s website, or as part of the PROGRAM. COMPANY reserves the right to substitute services equal to or comparable to the PROGRAM for the CLIENT if the need arises, without prior notice.
Any information shared regarding income or earnings that are published on COMPANY SITE are true and accurate; however, there is NO GUARANTEE and NO WARRANTY that by using the COMPANY techniques, ideas, strategies, products or services that are presented on SITE that you will have similar or identical results. The examples that the COMPANY provides are just that – examples and are not to be interpreted as a guarantee or promise of earnings.
Any information shared on the SITE is not to be interpreted as a “get rich quick” scheme in any way. THE LEVEL OF SUCCESS AND OR INCOME THAT YOU OBTAIN IS COMPLETELY DEPENDENT ON YOUR IMPLEMENTATION OF THE INFORMATION PRESENTED, YOUR TIME, YOUR IDEAS, YOUR TECHNIQUES, YOUR SKILLS, FINANCIAL RESOURCES, AND YOUR KNOWLEDGE. Since these factors differ by individuals, we cannot and do not guarantee any success or level of results or average earnings.
Any use of numbers presented to the audience (whether to a single person or a group of people) is only being used to illustrate how numbers are required to make certain elements of the particular strategy or of the course, work. This statement of policy applies to presentations in person or any other method of communication, including but not limited to the Internet or via social media.
COMPANY may provide forward-looking statements that fall within the Private Securities Litigation Reform Act of 1955. You can identify these statements by the words “anticipate,” estimate,” expect”, “project”, “intend”, “plan”, “believe”, and other words and terms of similar meaning used in connection with a description of potential earnings or financial performance.
ANY AND ALL FORWARD-LOOKING STATEMENTS ON SITE OR IN ANY OF COMPANY’S PRODUCTS, MATERIALS AND PROMOTIONAL MATERIALS ARE INTENDED TO EXPRESS COMPANY’S OPINION AND ARE CONSIDERED TO BE ACCURATE AT THE TIME THEY ARE WRITTEN. THE ACCURACY MAY CHANGE OVER TIME AND WITH THE CHANGING OF CIRCUMSTANCES.
Do not construe any statement in this website, in our materials or presentations as a claim or representation of average earnings or returns. There are NO average earnings or returns. As well, testimonials and statements of individuals are not to be construed as claims or representations of average earnings. We cannot and do not, and will not make any claims as to earnings, average or otherwise.
Income or earnings statements (if any) are estimates of income potential only, and there is no assurance that your earnings will equal or exceed the figures we present. Any reliance you may place on the figures we present is at your own risk. Any income or earnings depicted are NOT to be interpreted as common, typical, expected, or normal for the average person. Any particular result may be exceptional, and the variables that impact results are so numerous and sometimes uncontrollable, that Promethean Education, LLC makes no guarantees as to your income or earnings of any kind, at any time.
Where specific income figures are used, and attributed to an individual or business, those persons or businesses have actually earned those amounts. There is no assurance that your earnings or income will match or exceed those figures, or that you will make any money at all. If you rely upon our examples or figures, you do so at your own risk, and you accept all risk associated with your reliance.
Any and all claims or representations as to income earnings made on our web sites or in our materials or information or presentations are NOT to be considered as average earnings. Testimonials are not representative and although we attempt to verify them, we cannot guarantee we will locate where they were made so they can be verified. There are no assurances that any prior successes, or past results, as to income and/ or earnings, can be used as an indication of your future success or results.
Monetary and income results are based on many factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, or your business skills or practices. Therefore we do not guarantee or imply that you will win any incentives or prizes that may be offered, that you will make any income or earnings, that you will do well, or that you will make any money at all. If you rely upon our examples or figures, you do so at your own risk, and you accept all risk associated with that reliance.
Making decisions based on any information presented or provided in our programs, products, and services or on our website, should be done only with the knowledge and understanding that you could experience losses or make no money at all.
You agree that our company is not responsible for the success or failure of your financial decisions relating to any information or materials presented by our company, or our company programs, products and/or services.
By purchasing our products, information, materials or services, (known collectively as the "Services") You certify that the following statements are true: a) No income or earnings guarantees were made or implied relating to the use of the products or services; b) No payback period was discussed, promised or implied; c) The product(s) purchased were chosen freely and without unreasonable pressure; d) No other agreements or understandings were signed or made orally to me outside of the documents provided by the Company to document the product purchase.
THE SITE, COMPANY, COMPANY MEMBERS, OFFICERS, EMPLOYEES, PRODUCTS, SERVICES AND ALL RELATED PRODUCTS, SERVICES AND MATERIALS DO NOT PROVIDE FINANCIAL ADVICE, TAX ADVICE OR LEGAL ADVICE AND ARE PURELY FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY
No one connected with the COMPANY practices under any license such as a Financial Advisor, Accountant or an Attorney.
THE INFORMATION CONTAINED HEREIN IS SOLELY FOR INFORMATIONAL AND EDUCATIONAL PURPOSES AND SHOULD NOT IN ANY WAY BE CONSTRUED OR INTERPRETED AS AN OFFER TO SELL OR PURCHASE, OR A SOLICITATION OF AN OFFER TO SELL OR PURCHASE, ANY SECURITY AND SHOULD NOT BE CONSTRUED AS LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE OR, UNLESS OTHERWISE EXPRESSLY STATED, AS COMPANY’S OFFICIAL POSITION ON ANY SUBJECT MATTER.
LIKEWISE, NOTHING HEREIN IS TO BE DEEMED A RECOMMENDATION THAT YOU BUY, SELL OR HOLD ANY SECURITY OR OTHER INVESTMENT OR THAT YOU PURSUE ANY PARTICULAR INVESTMENT STRATEGY. YOU ARE ENCOURAGED TO CONSULT WITH YOUR OWN REGISTERED INVESTMENT ADVISOR, FIDUCIARY AND/OR SECURITIES BROKER-DEALER WITH RESPECT TO YOUR INDIVIDUAL NEEDS, GOALS AND CIRCUMSTANCES.
COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY COMPANY, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The term “Confidential Information” means information which is not generally known to the public relating to the CLIENT’s business or personal affairs.
COMPANY agrees not to disclose, reveal, or make use of any Confidential Information learned of through its transactions with CLIENT during discussions and interactions with CLIENT, or otherwise, without the written consent of CLIENT.
COMPANY shall keep the Confidential Information of the CLIENT in strictest confidence and shall use its best efforts to safeguard the CLIENT’s Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.
No transfer of intellectual property
COMPANY’s copyrighted and original materials are provided to the CLIENT for his or her individual use only and under a limited single-user license.
CLIENT is not authorized to use any of COMPANY’s intellectual property, trademarks and or copyrights, for any purpose. CLIENT is not authorized to share, copy, distribute, or otherwise disseminate any materials received from COMPANY electronically, or otherwise without the prior written consent of the COMPANY.
COMPANY agrees and allows CLIENT to make one (1) printed physical copy of the provided downloadable materials for CLIENT’s personal use.
All intellectual property, including COMPANY’s copyrighted course materials shall remain the sole property of the COMPANY. No license to sell or distribute COMPANY’s materials is granted or implied.
To the extent that CLIENT interacts with COMPANY staff and or other clients, CLIENT agrees to behave professionally, courteously, and respectfully with staff and clients at all times. CLIENT agrees that failing to follow course rules is cause for termination of this AGREEMENT. In the event of such a termination, CLIENT is not entitled to recoup any amounts paid and remains responsible for all outstanding amounts of the Fee.
In the event that a dispute arises between the PARTIES or a grievance by CLIENT, the PARTIES agree and accept that the only venue for resolving such a dispute is the venue identified below. PARTIES further agree that they will not engage in any conduct or communications public or private, designed to disparage the other. Such an act constitutes a breach of this AGREEMENT.
Use of PROGRAM Materials
· By accepting this AGREEMENT, CLIENT consents to recordings being made of the PROGRAM.
· COMPANY reserves the right to use, at its sole discretion, the following: PROGRAM materials, videos, audio recordings, and materials submitted by CLIENT (in the context of the PROGRAM); for future lecture, teaching, and marketing materials, and further other goods/services provided by COMPANY, without compensation to the CLIENT.
· CLIENT consents to its name, voice, and likeness being used by COMPANY for future lecture, teaching, and marketing materials, and further other goods/services provided by COMPANY, without compensation to the CLIENT.
No resale of services permitted
CLIENT agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the PROGRAM including materials, use of the PROGRAM, or access to the PROGRAM. This AGREEMENT is not transferable or assignable without the COMPANY’s prior written consent.
If CLIENT is (1) behind in payment, or (2) otherwise in default of this AGREEMENT, then full payment is immediately due and CLIENT is barred from using any of COMPANY’s services. COMPANY is allowed to immediately collect all Fees from CLIENT and stop providing further services to CLIENT.
CLIENT agrees to pay COMPANY the stated fee (the “FEE”) according to the payment terms:
· As outlined on COMPANY’s website,
· Provided through email,
· According to the Payment Schedule and the payment plan selected by CLIENT (the “FEE”), or
· As otherwise noted in this AGREEMENT.
Upon execution of this AGREEMENT, CLIENT is responsible for the full Fee. If CLIENT decides to cancel, not participate, or changes his or her mind, the COMPANY does not provide any refund for any reason to the CLIENT.
Chargebacks & Payment Security
To the extent that CLIENT provides COMPANY with credit card(s) information for payment of Fee on CLIENT’s account, COMPANY is authorized to charge CLIENT’s credit card(s)for any unpaid charges on the dates agreed to in the Payment Schedule.
CLIENT shall not make any chargebacks to COMPANY’s account or cancel the credit card that is provided as security without COMPANY’s prior written consent. CLIENT is responsible for any fees associated with recouping payment and collection fees associated with the chargeback. CLIENT shall not change any of the credit card information provided to the COMPANY without notifying COMPANY in advance.
In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by COMPANY, COMPANY’s representatives, or employees, the provisions in this AGREEMENT control.
This AGREEMENT is the entire AGREEMENT between the PARTIES relating to the subject matter and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. Modification to this AGREEMENT is by a writing signed by both PARTIES.
Limitation of liability
By using COMPANY’s services and enrolling in the PROGRAM, CLIENT releases COMPANY, its officers, employees, directors, and related entities from any and all damages that may result from his or participation in the PROGRAM. The PROGRAM provides Education only. No financial, accounting, tax, legal or other professional services are offered or provided. CLIENT accepts any and all risks, foreseeable or non-foreseeable arising from the PROGRAM.
Regardless of the previous paragraph, if COMPANY is found to be liable, COMPANY’s liability to CLIENT or to any third party is limited to the lessor of:
(a) The total amount of money CLIENT paid to COMPANY in the one month prior to the action giving rise to the liability, or
(b) 70% of the purchase price of the PROGRAM.
All claims against the COMPANY must be filed with the entity having jurisdiction within 90 days of the date of the first claim or otherwise be forfeited forever. CLIENT agrees that COMPANY will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of COMPANY’s services or enrollment in the PROGRAM.
CLIENT agrees that use of COMPANY’s services is at CLIENT’s own risk.
CLIENT recognizes and agrees that all of the COMPANY’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions, or representations of the COMPANY.
CLIENT shall defend, indemnify (insure and protect), and hold harmless the COMPANY, COMPANY’s shareholders, trustees, affiliates, and successors from and against all liabilities and expenses that they may incur or be obligated to pay because of their relationship with the PROGRAM.
These include (without limitation): claims, damages, judgments, awards, settlements, investigations, legal actions, regulatory actions, costs, attorneys fees, disbursements, or the like that occur from or are related to this AGREEMENT.
Any expenses or liabilities that result from a breach of this AGREEMENT, sole negligence, or willful misconduct by the COMPANY, COMPANY’s shareholders, Trustees, Affiliates, or Successors are excluded from indemnification.
Disclaimer of Guarantee
CLIENT accepts and agrees that he or she is 100% responsible for his or her progress and results from the PROGRAM. CLIENT accepts and agrees that he or she is the one vital element to the PROGRAM’s success and that COMPANY cannot control CLIENT.
COMPANY makes no representations or guarantees verbally or in writing regarding performance of this AGREEMENT other than those specifically stated. COMPANY and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. COMPANY makes no guarantee or warranty that the PROGRAM will meet CLIENT’s requirements or that all CLIENTs will achieve the same results.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY.
This Agreement is governed and interpreted in accordance with the laws of the State of Hawaii without giving effect to any principles of conflicts of law.
You and Company agree (a) to waive your and Company’s respective rights to have any and all Disputes arising from or related to these Terms or the Services, resolved in a court, and (b) to waive your and Company’s respective rights to a jury trial. Instead, you and Company agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
You agree to submit any dispute or controversy arising out of, or relating to this Agreement to arbitration in the State of Hawaii, in the city of Honolulu, according to the rules of the American Arbitration Association. The arbitration is binding upon the Parties and their successors in interest. The prevailing party may collect all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.
No Class Arbitrations, Class Actions or Representative Actions
You and Company agree that any Dispute arising out of or related to these Terms or the Services is personal to you and Company and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Company agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Company agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Federal Arbitration Act
You and Company agree that these Terms affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of Fees owed set forth in this AGREEMENT, and any other provisions that by their sense and context the PARTIES intend to have survive, shall survive the termination of this AGREEMENT for any reason.
If any of the parts or provisions contained in this AGREEMENT are interpreted as invalid or unenforceable only that part or provision is affected. The invalidity or unenforceability does not affect the other parts or provisions of the AGREEMENT.