AVATAR FORMULA Terms & Conditions Agreement

These terms and conditions are subject to change by A View From The Ridge, Inc. at any time and at our discretion without notice by updating this posting. These terms and conditions govern your use of this web site. By accessing this web site, you are acknowledging and accepting these terms and conditions. Your use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this web site.

This Acceptance of Terms and Conditions (the 'Agreement') and the applicable registration form (the 'Registration Form') for participation in the AVATAR FORMULA Program and its related website, courses, materials and online seminars (collectively referred to as the 'Program') sets forth the terms of the relationship between A View From The Ridge, Inc., a Florida based company (hereinafter referred to as 'WHYAdvantage.com'), with offices located at Bayou Blvd, #141, Pensacola, FL 32503, USA, and you as the purchaser or consumer ('you') as it relates to the Program. You and WHYAdvantage.com may be referred to in this Agreement collectively as the 'Parties' or individually as a 'Party.' You expressly agree to the terms of this Agreement by participating in the Program.

  1. Term of Agreement. The term of this Agreement shall begin upon WHYAdvantage.com's acceptance of your enrollment in the Program (the 'Effective Date') and shall end upon upon termination by either Party, by giving the other Party written notice of termination. Termination will not, however, release either Party from any obligations that arose prior to the date of termination

  2. Intellectual Property.You acknowledge and agree that all content and materials available on this web site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this web site is strictly prohibited without the express written permission of WHYAdvantage.com.

  3. Limitations on Use. You must be at least eighteen (18) years old to access this web site. If you are not at least eighteen years old, you are not permitted to access this web site for any reason. If you are provided a password to access this web site, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password.

  4. Program Participation Payments. In consideration of the products and services provided as part of the Program, you agree to pay WHYAdvantage.com the applicable amount(s) agreed upon during the enrollment process (the 'Program Purchase'). WHYAdvantage.com must receive payment of the agreed upon Program Purchase before any products, services or other benefits of the Program will be provided to you, including the sending of materials or starter kits, attendance at in-person events, and online seminars, unless a payment plan set forth by WHYAdvantage.com shall be in place and agreed to by you. Failure to make any payment or otherwise deviate from any payment terms agreed to by the Parties during or after your enrollment to the Program will result in all Program products and services being suspended until payment is made. Any deviation in payment terms may, at WHYAdvantage.com's sole and absolute discretion, result in an immediate acceleration of all sums due and owing by you for participation in the Program. Suspension of Program products and services, however, does not release you from the obligation to make all payments owed to WHYAdvantage.com for participation in the Program or for other fees associated with your enrollment in the Program or the receipt of any products or services. Program Certification and License will not be issued until all outstanding payments are made to WHYAdvantage.com. Licensing fees must be paid in full and current in order to maintain your authorization to legally provide WHY related services, support or materials.

  5. Order and Return Policies. We generally ship all physical orders within two business days. For any digital products, you will receive an email with login details to our membership site or download page. We also offer a 30-day money back guarantee on all our products. If you are not completely satisfied, you can return the product to us in good condition within 30 days of the date that you placed your order. In order to receive a refund within the 30 day period for any physical products, you must return everything that was shipped to you, including any bonuses, and we must receive it at our offices before the 30 day period has passed. The shipping address for returns is Bayou Blvd, #141, Pensacola, FL 32503.

  6. Program Materials. You will be provided with the following Program materials, which will be activated and authorized with your first program payment:

    1. Your AVATAR FORMULA Portal containing downloadable tools and videos.

    2. Periodic invitations to online seminars.

  7. Payment Obligations. If you deviate from any payment terms that may be agreed to by the Parties after the commencement of the Program, all Program products and services will be suspended until payment is made and your account is brought current. Suspension of Program products and services does not release you from responsibility for fulfilling all payment obligations. We may update the AVATAR FORMULA Program from time to time, but are under no obligation to make or provide updates, and do not warrant or represent that any update we do provide is accurate or in compliance with local law at the time of delivery of such updates.

  8. Information you enter onto the website. You hereby warrant that any information you submit through this web site is owned by you and that you have the necessary authority to submit such information. You further agree that you shall not submit or transmit any content through this web site or to COMPANY that is:

    1. Obscene, vulgar, or pornographic;

    2. Encourages the commission of a crime or violation of a law;

    3. Violates any state or federal law in the U.S. and/or the jurisdiction in which you reside;

    4. Infringes the intellectual rights of a third party;

    5. Is otherwise offensive or inappropriate based upon the type of content and information provided by WHYAdvantage.com and/or third parties on this web site.

  9. Program Participation at Your Own Risk. You acknowledge and agree that you are not guaranteed to achieve any specific personal, professional or financial results or earn any specific amount of income by participating in the Program. WHYAdvantage.com makes no promises, representations or warranties concerning the viability of any goals, aspirations or endeavors you may identify or choose to pursue during or as a result of your participation in the Program. You agree to participate in the Program at your own risk. Program information, services and products are used at your own risk. You are solely responsible for any decisions and actions that result from your use of such information, products and services. WHYAdvantage.com does not provide psychological, investment or financial advice.

  10. Program Content Retention. WHYAdvantage.com may also suspend or terminate your account if in WHYAdvantage.com's sole discretion, it determines just cause.Whenever deemed possible, WHYAdvantage.com will provide due warning before an account is suspended or terminated. You can cancel your WHYAdvantage.com subscription at any time. Please note that should you cancel your subscription, your site(s) will remain accessible until your subscription ends, upon which time your site(s) will be locked, i.e. become inaccessible. If for any reason you decide to terminate your WHYAdvantage.com Licensing Program account, we will keep your data on file for 30 days. During this time you may request our data export service, which includes a file of your contacts, documents, and other information. After such 30-day period, WHYAdvantage.com shall have no obligation to maintain or provide any of your data and shall thereafter, unless legally prohibited, have the right to delete all of your data in WHYAdvantage.com systems or otherwise in our possession.

  11. Ownership Rights and Proprietary Information. WHYAdvantage.com owns all right, title and interest (including all intellectual property rights throughout the world) relating to any and all works of authorship, designs, know-how, ideas, course materials, and information made by WHYAdvantage.com or conceived or reduced to practice, in whole or in part, by WHYAdvantage.com in connection with the Programs or any Proprietary Information (as defined below). You agree that all materials provided by WHYAdvantage.com are part of the Program, including information that is confidential and proprietary in nature, will constitute WHYAdvantage.com 'Proprietary Information.' You will hold in confidence and not disclose or copy any Proprietary Information, except with the prior written consent of WHYAdvantage.com.

  12. Limitation of liability. UNDER NO CIRCUMSTANCES SHALL WHYADVANTAGE.COM, OR ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF WHYADVANTAGE.COM AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO COMPANY FOR PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHYADVANTAGE.COM’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

  13. Modifications. WHYAdvantage.com may modify or amend any of the terms and conditions contained in this Agreement, at any time and in WHYAdvantage.com's sole discretion, by posting a change notice or a new version of the Agreement on the applicable Program website or by otherwise advising you of the amendment or modification. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in a Program following the posting of a change notice or a new version of the Agreement on the applicable Program website or following notice of the modification or amendment will constitute your binding acceptance of the new terms and conditions.

  14. Indemnification. You will indemnify, hold harmless and defend WHYAdvantage.com (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) from and against any and all claims, expenses, costs, causes of action and damages (including those for personal injury, property damage and reasonable attorney's fees) resulting from or arising out of your actions, your participation in the Program or your violation of this Agreement or applicable law.

  15. Assignment. You may not assign this Agreement (or any obligations under this Agreement), by operation of law or otherwise, without WHYAdvantage.com's prior written consent.

  16. Governing Law; Class Action Waiver. This Agreement will be governed by, and construed in accordance with, the laws of the State of Florida, without reference to rules governing choice of laws. You irrevocably and unconditionally waive, to the fullest extent permitted by law, any right you may have to participate as a representative or member of any class of claimants in any class action against WHYAdvantage.com now or hereafter pending relating to transactions evidenced by this Agreement or similar transactions.

  17. Arbitration. Any dispute or claim arising out of or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), will be exclusively (except as provided below) resolved by binding arbitration. One arbitrator will be selected using standard arbitration procedures. The arbitrator will use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The arbitrator will also render a written decision setting forth detailed findings of fact and conclusions of law. The arbitrator will not award attorney's fees, or punitive, indirect, incidental, special, consequential, treble or other multiple or exemplary damages, and the Parties hereby agree to waive and not seek such damages. Either Party may seek judicial relief to compel the other Party to comply with the provisions of this Section, or seek injunctive or other equitable relief to protect its intellectual property rights, as long as (unless prohibited by applicable law) the remainder of the dispute or claim is submitted to arbitration. The arbitration will be held in Escambia County, Florida, or such other location as may be mutually agreed to by the Parties. Both Parties hereby give their irrevocable consent to the processes of the state of Florida, as well as the jurisdiction of the courts of the state of Florida for enforcement purposes. Awards will be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign, having jurisdiction over the Party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.

  18. Relationship of Parties. You agree that by participating in a Program you are acting as an independent contractor, and are responsible for determining your own business activities. Nothing in this Agreement will create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties.

  19. Miscellaneous. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. WHYAdvantage.com's failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of WHYAdvantage.com's right to subsequently enforce such provision or any other provision of this Agreement. This agreement constitutes the entire understanding of the Parties with respect to the subject matter of this Agreement, and revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties and is intended as a final expression of their agreement.
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