Unstoppable Prosperity - Terms & Conditions
As used herein, the term "Products" shall include all products are services obtained from or through this Site or the Company, including but not limited to, (i) any initial course materials as described on the Site, (ii) any information and other data provided to You by the Company on a monthly subscription basis, and (iii) the use of any software or websites.
Acceptance of Terms
Please read these TOU carefully. By using any of our Services, You agree to comply with these TOU. If You do not agree to the terms and conditions contained in the TOU, You agree not to use the Services, and we do not consent to provide You with access to the Services. In addition, when using any of our Services, You and Unstoppable Prosperity, its business units, subsidiaries and affiliates (collectively referred to as "Company" or "Unstoppable Prosperity," "we," "our," or "us") shall be subject to any posted guidelines or rules applicable to such Services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.
Subject to and in compliance with the terms and conditions set forth herein, Unstoppable Prosperity may provide its users with access via Unstoppable Prosperity Portfolio of Websites to:
The Premium Service(s) and the Free Service(s) are collectively referred to
herein as the "Services".
You also understand and agree that the Services may include certain communications from Unstoppable Prosperity, such as service announcements and administrative messages that You may not be able to opt out of receiving.
Changes to the TOU and Our Services
We reserve the right at any time to:
Any changes we make to the TOU will be effective immediately after we post the modified TOU on Unstoppable Prosperity. In the event that You have the TOU cached on Your browser, the TOU that applies to You is the most recent version of the TOU that appears on a non-cached browser.
Important Disclosure Regarding the Information We Provide
Unstoppable Prosperity is a publisher and education company. You understand
that no content published as part of the Services constitutes a
recommendation that any particular investment, security, portfolio of
securities, transaction or investment strategy is suitable for any specific
person. You further understand that none of the creators or providers of
our Services or their affiliates will advise You personally concerning the
nature, potential, value or suitability of any particular investment,
security, portfolio of securities, transaction, investment strategy or
other matter. Accordingly, do not attempt to contact them seeking
personalized investment advice, which they cannot provide. To the extent
any of the content published as part of the Services may be deemed to be
investment advice, such information is impersonal and not tailored to the
investment needs of any specific person.
You understand that the views expressed in the Services are the authors' own opinions.
The Services may contain opinions from time to time with regard to securities mentioned in other Services, and that those opinions may be different from those obtained by using another portion of the Services. Trading in securities (including, without limitation, stocks, options, ETFs and bonds) involves risk and volatility. Past results are not necessarily indicative of future performance.
All trading involves risk, including possible loss of principle and other losses. No representations are being made that these techniques will result in or guarantee profits in trading. Past performance is no indication of future results. Charles Payne, Payne’s Education, their trainers, their owners, employees and affiliates do not give investment advice and are not licensed as brokers by or registered as advisors with any federal or state agency, and are therefore not able to give buy, sell or hold recommendations. Option trading entails significant risk and is not appropriate for all investors. Certain complex option strategies carry additional risk. You must consider all relevant risk factors, including your own personal financial situations, before trading options. AUTO TRADING, OR ANY OTHER BROKER OR ADVISOR DIRECTED TYPE OF TRADING IS NOT SUPPORTED BY CHARLES PAYNE OR PAYNE'S EDUCATION. FOR ADDITIONAL INFORMATION ON AUTO TRADING, WE RECOMMEND YOU VISIT THE SEC'S WEB PAGE: https://www.sec.gov/reportspubs/investorpublications/investorpubsautotradinghtm.html .
Options trading entails significant risk and is not appropriate for all investors. Certain complex options strategies carry additional risk. Before trading options, please read Characteristics and Risks of Standardized Options at https://www.theocc.com/Company-Information/Documents-and-Archives/Options-Disclosure-Document , also known as the options disclosure document (ODD), from The Options Clearing Corporation.
This content is intended for educational/informational purposes only and is not investment advice, or a recommendation of any security, strategy, or account type. You must consider all relevant risk factors, including your own personal financial situations, before trading. Investing involves risk, including risk of loss.
I understand and agree that the value I will derive from the programs and/or services will be in direct proportion to my level of effort, desire, commitment, ability and willingness to take action on the information provided, and general market factors. Therefore, I am committed to consuming the curriculum, attending classes and the live Q&A sessions and/or accessing the recorded versions, and participating in the investing services. I acknowledge that the online education and subscriptions services provided to me from Charles Payne and Payne's Education are accessible exclusively over the Internet and that no curriculum will be shipped to me.
You understand and agree that certain Unstoppable Prosperity's affiliates and employees may, from time to time, have long and short positions in, or buy or sell the securities, or derivatives thereof, of companies mentioned in respective Services and may take positions inconsistent with the views expressed.
Third-Party Content is not subject to Unstoppable Prosperity's investment
policy and therefore the preceding paragraph does not apply to Third-Party
Content, Unstoppable Prosperity makes no representations regarding
Third-Party Content, nor is Unstoppable Prosperity liable for Third-Party
You understand that performance data is supplied by sources believed to be reliable, that the calculations therein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. In addition, past performance is not an indication of future results.
From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
When U.S. exchanges are open, any quotes (other than those obtained through the real-time quote services available to users of certain Services) are delayed. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any investment, You should consult with a qualified broker or other financial professional to verify pricing information.
To the extent any of our Services involves a model portfolio or an actual portfolio of investments, as described below, such portfolio of investments is chosen by the author in accordance with their stated investment strategy. Your actual results may differ from results reported for the portfolio for many reasons, including, without limitation:
Our services focus on providing education on investing in the stock market. You ultimately decide what you’re going to invest in, and how to structure your investments. It’s critical that you only use strategies and make choices that you determine fit your goals, account size, experience level, and risk tolerance. Of course, any type of investing has risk. We encourage you to take whatever time you need executing paper trades to be comfortable that you’re interpreting and applying appropriately the information that we provide you.
30-Day Money Back Satisfaction Guarantee: We’re confident that as you fully engage in our education and apply what you’re learning, you’ll find immense value as an investor. To provide you with the same level of confidence, the POWER OF OPTIONS 2 DAY WORKSHOP AND BONUS PACKAGE proudly comes with a 30-Day Money Back Satisfaction Guarantee from the date you attend the live workshop. If you’re not 100% satisfied within that timeframe, we’ll refund your full tuition.
Our Stock Education focuses on teaching you how to find, evaluate, execute and manage potential investing opportunities. You ultimately decide what you’re going to invest in, and how to structure your investments. It’s critical that you only use strategies and make choices that you determine fit your goals, account size, experience level, and risk tolerance. Of course, any type of investing has risk. We encourage you to take whatever time you need executing paper trades to be comfortable that you’re interpreting and applying appropriately the information that we provide you.
In addition to any right to otherwise revoke an offer, you, the purchaser, may cancel this transaction up to midnight of the seventh day after your purchase. To cancel this Agreement, you must contact our team at 1-800-429-5454 within that 7-day period.
90-Day Warranty of Service
We’re confident that as you fully engage in our services and apply what you’re learning, you’ll find immense value as an investor. In addition to your right to cancel, Payne’s Education proudly offers a 90-Day Warranty of Service.
After you have participated in the services and met the terms of this Warranty of Service, if you are not 100% satisfied, we will refund your full tuition.
Unstoppable Prosperity Customer Service
7975 N Hayden Rd, Suite A-209
Scottsdale, AZ 85258 USA
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We control this site from offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Outside Sites (Their Privacy Policies May Be Different)
How and why we collect information
We collect your information in order to record and support your participation in the activities you select. As a visitor to our Sites, you can engage in many activities without providing any personal information. In connection with other activities, such as utilizing registering for a we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including ZIP code), e-mail address, telephone, credit card, and other personal information. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity. In all cases, we will collect personal identification information from you only if you voluntarily submit such information to us. We will also tell you how we use your information or if we share it with another party. Except as otherwise provided in this policy, we will never intentionally disclose any personal identification information about you as an individual user to any third party without having received your permission. If you supply us with your contact information you may receive periodic e-mails, mailings, text messages or calls from us or our partners with information on new products and services, important issues, or upcoming events. If you wish to be removed from any postal, email, phone, or other lists, please let us know by contacting us at the following:
8147 E Evans Rd, Suite 9
Scottsdale, AZ 85260 USA
Please provide us with your exact name, email address, mailing address, and phone. We will be sure your name is removed from the appropriate lists immediately. When you use our Sites, we or our authorized technology services provider may also collect certain technical and routing information from you to facilitate your use of the Site and its services. We use this information to administer the Site and to understand and measure traffic patterns on the Site so that we know which areas of our sites are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our sites. This information is collected in aggregate form, without identifying you or any user individually. We may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes. This data is often tracked by us our technology services provider by using "cookies" during your visit. A cookie is small amount of data that is transferred to your browser by a web server and can only be read by the server that gave it to you. It functions as your identification card and enables us to record your passwords, purchases, and preferences. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.
California Privacy Rights
If you are a California resident, you have the right to request the following:
Company does not sell personal information of any individual, including children under the age of 16.
To take advantage of either of these rights, please contact us at support@UnstoppableProsperity.com or 1-800-997-1651. We will not be able to respond to your request without verifying your identity. In order to verify your identity, we will contact you via email.
The Sites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. We strongly recommend that parents participate in their children's exploration of the internet and any online services and use their browser's parental controls to limit the areas of the internet to which their children have access. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
No Professional Advice
Unstoppable Prosperity's services and education products provide
information from Charles Payne, and a team of analysts on trading
securities. All investments involve risk, and the past performance of a
security, industry, sector, market, financial product, trading strategy, or
individual's trading does not guarantee future results or returns.
Investors are fully responsible for any investment decisions they make.
Such decisions should be based solely on an evaluation of their financial
circumstances, investment objectives, risk tolerance, and liquidity needs.
Unstoppable Prosperity's reference to specific securities should not be construed as a recommendation to buy, sell or hold that security. Specific securities are mentioned for informational purposes only. Unstoppable Prosperity's reference to specific cryptocurrencies should not be construed as a recommendation to buy, sell or hold that cryptocurrency. Specific cryptocurrencies are mentioned for informational purposes only.
Confidentiality and Non-Compete
Users of our Sites hereby understand that the tools, processes, strategies, materials and information presented on our Sites are copyrighted and proprietary, users agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and Unstoppable Prosperity will pursue legal action and full damages if these terms are violated in order to protect its rights.
Unstoppable Prosperity's Proprietary Rights
The Services and the content distributed through the Services, with the
exception of any User-Generated Content (as defined below) and Third-Party
Content, is the property of Unstoppable Prosperity and/or its licensors.
You may access and use the content, and download and/or print out one copy
of any content from the Services, solely for Your personal, noncommercial
use. You acknowledge that You do not acquire any ownership rights by using
the Services. If You are interested in reprinting, republishing or
distributing content from Unstoppable Prosperity, please contact us at
1-800-997-1651. Monday through Friday between the hours of 9:00 a.m. and
5:00 p.m. CST. If You choose to submit content for publication through the
Services, such as guest commentary or guest opinions, such content shall be
exclusive to Unstoppable Prosperity, deemed to be property of Unstoppable
Prosperity, and by submitting such content You irrevocably assign any and
all rights to such content to Unstoppable Prosperity.
Because we host User-Generated Content as a part of portions of the Services and therefore redistribute User-Generated Content You give us, we need to obtain certain rights in those materials. By posting, sending or transmitting to us User-Generated Content, You grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such User-Generated Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User-Generated Content. None of the User-Generated Content disclosed in any part of the Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any User-Generated Content.
"Unstoppable Prosperity.com", "Unstoppable Prosperity", the "Unstoppable Prosperity Logo", "Unusual Option Activity", and certain other marks used on Unstoppable Prosperity Portfolio of Websites are trademarks and/or service marks of Unstoppable Prosperity. All other trademarks, service marks, and logos used on Unstoppable Prosperity Portfolio of Websites are the trademarks, service marks, or logos of their respective owners.
You may not republish, upload, post, transmit or distribute content
available through the Services to online bulletin boards, message boards,
newsgroups, chat rooms, or in other any manner, without our prior written
permission. Modification of the content or use of the content for any
purpose other than Your own personal, noncommercial use is a violation of
our copyright and other proprietary rights, and can subject You to legal
In addition, in connection with Your use of the Services, You agree not to:
User-Generated Content and Forums
Certain public areas of Unstoppable Prosperity Portfolio of Websites may
allow You to post content that can be accessed and viewed by the public in
general. You understand that all information, data, text, images, avatars,
hyperlinks, messages, tags, or other materials, each a form of
User-Generated Content posted on the public areas of Unstoppable Prosperity
Portfolio of Websites are the sole responsibility of the person from whom
such content originated. You acknowledge that You, and not Unstoppable
Prosperity, are entirely responsible for all content that You upload, post,
email, transmit or otherwise make available via Services thereof.
Unstoppable Prosperity does not control the User-Generated Content and as
such, does not guarantee the accuracy, integrity, timeliness or quality of
such content. You agree to not post any content that violates the TOU and
to post comments in both tone and content that contribute in a positive and
high-quality manner to the substantive exchange of information and the
subject matter of the content.
In order to comment, users must register with a valid email address and select a user name, member name and password. Please see "Registration and Privacy" above for our TOU regarding registering.
The following is an incomplete list of illegal and prohibited uses of Services. Unstoppable Prosperity may investigate any illegal and/or unauthorized use of the Services and appropriate legal action may be taken, including without limitation, civil, criminal and injunctive redress.
You agree not to use Unstoppable Prosperity Services to:
You may post only content owned by You, content for which You have received
express permission from the owner and content in the public domain. You
assume all risk and responsibility for determining whether any
User-Generated Content is in the public domain.
Unstoppable Prosperity expressly disclaims ownership of any User-Generated Content. However, by submitting User-Generated Content to the public areas of the Unstoppable Prosperity Portfolio of Websites, You hereby grant, transfer and assign Unstoppable Prosperity, our affiliates and distributors, successors, assigns and licensees a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, copy, display, perform, modify, revise, create derivative works of, archive and adapt this content in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the Services) to do any of the foregoing with further right of sublicense, without compensation to You. You represent and warrant that You are authorized to grant all rights set forth in the preceding sentence and that the exercise by You of Your rights under this License does not violate any laws, defame or libel any person, invade any person's right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including without limit any copyright or moral right). None of the User-Generated Content disclosed in any part of the Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any User-Generated Content. Unstoppable Prosperity does not and cannot review all of the User-Generated Content posted by users on the Services and is not responsible for such content. You shall remain solely responsible for all User-Generated Content submitted to Unstoppable Prosperity. Your use of any User-Generated Content shall be at Your own risk and Unstoppable Prosperity makes no representations or warranties regarding User-Generated Content. Users should be cautious about any and all investment recommendations and should consider the source of any investment advice. Various factors, including personal or corporate ownership, may influence or factor into User-Generated Content. Unstoppable Prosperity does not control the User-Generated Content posted via the Services and, as such, does not guarantee the accuracy, integrity, timeliness, or quality of such User-Generated Content. You understand that by using the Services, You may be exposed to User-Generated Content that is offensive, indecent or objectionable. Although Unstoppable Prosperity reserves the right to remove any offending User-Generated Content, You understand and agree that You nonetheless may be exposed to such material and that You further waive Your right to any damages (from any party) related to such exposure.
YOU UNDERSTAND THAT UNSTOPPABLE PROSPERITY DOES NOT IN ANY MANNER RECOMMEND OR ENDORSE ANY USER-GENERATED CONTENT.
Unstoppable Prosperity retains the right in its sole discretion,
arbitrarily and/or for any reason and without any notice whatsoever, to
edit, move, delete, and/or remove any User-Generated Content posted on any
of its websites at any time. Without limiting the foregoing, Unstoppable
Prosperity has the right to delete any User-Generated Content that
Unstoppable Prosperity believes, in its sole discretion, does or may
violate the TOU.
You expressly agree that under no circumstances is Unstoppable Prosperity responsible, nor will Unstoppable Prosperity be liable for, any User-Generated Content or for any loss or damage of any kind, that arises or results from such User-Generated Content posted on any of its websites, or any comment deleted by Unstoppable Prosperity or its agents from any of its websites. This includes not only the comments posted, but also any external websites or resources, content, advertising, products, services or any other materials or information on or available from any person, firm or entity other than Unstoppable Prosperity, posted on any of its websites.
Certain areas of this UnstoppableProsperity.com web site available through
the Member Services enable you to access online forums where you can post
messages ("comments") and read messages posted by other users (the
"Forums"). Some of the Forums topics are selected by Unstoppable Prosperity
and others are created by users. The Forums are a free service provided to
users of Unstoppable Prosperity. Unstoppable Prosperity does not endorse,
and specifically disclaims any responsibility or liability for, any content
posted on the Forums, whether the topic is first selected by Unstoppable
Prosperity or a user. By posting a message in the Forums, you agree to be
bound by the following terms and conditions. If you do not want to be bound
by these terms, then do not use the Forums.
You must abide by the following rules in connection with your use of the Services.
You agree to indemnify and hold Unstoppable Prosperity and its affiliates and their respective, officers, directors and employees harmless from any claims, damages, losses or costs (including reasonable attorney's fees) that arise out of any of your postings and any material contained therein.
YOU UNDERSTAND THAT UNSTOPPABLE PROSPERITY DOES NOT IN ANY MANNER RECOMMEND OR ENDORSE ANY USER-GENERATED CONTENT.
Links to Other Websites and Viral Links
Your use of certain features and certain Third-Party Content made available
to You by Unstoppable Prosperity may be governed by additional rules, which
are available on our websites or by hyperlink from other websites, in
connection with the Services. By using any feature You are acknowledging
that You have reviewed all corresponding rules and agree to be bound by
them. Some Third-Party Content and some of the features may have been
provided by third parties for Your use. In the event that any feature or
tool is provided by a third party, such feature or tool may become
unavailable in the event that the agreement between us and the third party
is terminated. You expressly acknowledge and agree that Your use of all
Third-Party Content and features and tools provided by third parties is
solely at Your own risk.
Content available through the Services may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, timeliness, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
You are encouraged to link to the Services on any online bulletin board,
message board, newsgroup, website or chat room ("Third-Party Site"). If You
elect to display links from our websites on a Third-Party Site, You agree
that You will comply with Unstoppable Prosperity's viral linking
requirement as set forth herein. Notwithstanding anything contained herein,
we reserve the right to deny permission to You to link to the website for
any reason in our sole and absolute discretion.
Unstoppable Prosperity hereby grants You the permission to post such links on a Third-Party Site, provided, however, that You comply with the following guidelines:
Any website that links to Unstoppable Prosperity Portfolio of Websites (a) must not suggest or imply that we are sponsoring or endorsing such website(s)'s product, unless Unstoppable Prosperity has given its prior written consent; (b) must not use any of our trademarks on such Third-Party Site without prior written consent of Unstoppable Prosperity; and (c) must not display any excerpt of Unstoppable Prosperity content and link together with content on such Third-Party Site that may be construed as distasteful, offensive or controversial.
Disclaimer of Warranties
The Services, and any content obtained or accessed through the Services,
including without limitation Third-Party Content, is provided "as is"
without representations or warranties of any kind, either express or
implied. To the fullest extent permissible pursuant to applicable law,
Unstoppable Prosperity, its officers, directors, employees, subsidiaries,
affiliates, suppliers, advertisers, and agents disclaim all warranties,
express, implied or statutory, including, but not limited to, implied
warranties of title, non-infringement, merchantability, and fitness for a
particular purpose or use, and all warranties relating to the adequacy,
accuracy, timeliness or completeness of any information available through
Unstoppable Prosperity and its affiliates, suppliers, agents and sponsors do not warrant and accept no liability that Your use of the Services and any content contained therein, including without limitation, Third-Party Content, will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the server(s) on which the Services are hosted are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components. Unstoppable Prosperity and its affiliates, suppliers, agents and sponsors accept no liability for any software downloaded from the Services. You acknowledge that You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Services, and all charges related thereto. You assume total responsibility and risk for Your use of the Services and Your reliance thereon. No opinion, advice, or statement of Unstoppable Prosperity or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. You use of the site, the content contained therein, and materials provided through the site, are entirely at Your own risk. Unstoppable Prosperity and its affiliates, agents and sponsors will not be liable for any informational errors, incompleteness, delays or any actions taken in reliance on information contained in the Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that Unstoppable Prosperity shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
A possibility exists that content available through the Services could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Services by third parties. Although we attempt to ensure the integrity of our websites and Services, we make no guarantees as to the completeness or correctness of any content available through the Services. In the event that such a situation arises, please contact us at support@UnstoppableProsperity.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our websites, if applicable, as well as information sufficient to enable us to contact You. We will try to address Your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Copyright Infringement" below.
Under no circumstances shall Unstoppable Prosperity be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
Limitation of Liability
NEITHER UNSTOPPABLE PROSPERITY NOR ITS AFFILIATES, SUPPLIERS, SUBSIDIARIES, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, ANY THIRD-PARTY CONTENT, OR ANY SERVICES USED OR PURCHASED THROUGH UNSTOPPABLE PROSPERITY, WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED "INDEMNIFICATION" (INCLUDING WITHOUT LIMITATION DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION - WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE - SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
You agree to indemnify, defend and hold harmless Unstoppable Prosperity, our current and former affiliates, our current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims, (including, without limitation, third-party claims), damages, losses, costs (including reasonable attorneys' fees), or other expenses associated with or incurred as a result of or from (a) Your violation of the TOU; (b) Your use of the Services; (c) Your violation of the rights of any third party; (d) the actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services, or (e) any liability arising from Your use of the Services including any User-Generated Content You create.
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. The procedure under the DMCA for takedown notice is given below. See http://loc.gov/copyright/ for the most current statutory requirements.
If You believe in good faith that materials displayed on Unstoppable Prosperity Portfolio of Websites infringe Your copyright, You (or Your agent) may contact: Copyright Agent, Legal Department, Unstoppable Prosperity, Inc., 8147 E Evans Rd, Suite 9, Scottsdale, AZ 85260 USA with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that You claim has been infringed; (c) a description of where the material that You claim is infringing is located on the website; (d) Your address, telephone number, and email address; (e) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or trademark owner or authorized to act on the copyright or trademark owner's behalf. Please note that You will be liable for damages (including costs and attorneys' fees) if You materially misrepresent that any material on our sites is infringing Your copyrights.
We have a policy of terminating the accounts of repeat infringers or otherwise taking reasonable steps to prevent such users from continuing to post. Each user agrees that if his or her account is terminated under this policy, the user will not attempt to establish a new account or otherwise post content under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account or otherwise posting content after being terminated pursuant to this policy, the user shall indemnify and hold us harmless for any and all liability that we may incur therefor.
YOUR ACCEPTANCE OF OTHER AGREEMENTS
OWNERSHIP OF SITE AND PRODUCTS
The Company owns and operates this Site and the information, materials,
product names and services available on it. The Company also owns the
Products and the information and materials available in connection
therewith. All content including, but not limited to, text, graphics,
logos, buttons, icons, data compilations, and images is the property of the
Company, its licensors, or its content suppliers and is protected by U.S.
and international copyright and trademark laws. The compilation
(collection, arrangement, and assembly) of all content on this Site or
contained in the Products is the exclusive property of the Company and is
protected by U.S. and international copyright laws. All software used on
this Site is the property of the Company or its suppliers and is protected
by U.S. and international copyrights laws.
You do not acquire any ownership rights to this Site and its content, the Products, or any intellectual property, trademarks, or logos of the Company by Your use of this Site or the Products. You acknowledge that this Site and its contents and the Products are valuable commercial assets which the Company has expended substantial time and resources to develop. You expressly agree that the Company and its affiliates retain all ownership rights to this Site and its contents, to the Products, and to any intellectual property, trademarks, or logos of the Company.
LIMITED LICENSE AND USE OF SITE AND PRODUCTS
You are hereby granted a limited, revocable, non-exclusive right to access and use this Site and the Products subject to the limitations set forth herein.
Use of Site. You are responsible for all activities that occur with the use of Your account and password. You agree to provide true, accurate, current and complete information about Yourself including, but not limited to, credit card information and electronic mail address, and to maintain and update this information to keep it true, accurate, current and complete. Upon expiration of Your credit card, You shall notify the Company of the new credit card expiration date and all other relevant new information pertaining to the new credit card.
Any communications or material of any kind that You email, post or otherwise transmit through this Site, including data, questions, comments, or suggestions will be treated as non-confidential and nonproprietary. The Company is free to use any ideas, concepts, know-how or techniques contained in Your communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to You.
Use of Products. You may not reproduce, republish, resell or undertake any such similar use of the Products. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and our affiliates without a specific license to do so. You may not use any meta tags or any other "hidden text" utilizing the Company's name, logo or trademarks without the express written consent of the Company.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. You ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS You CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
GOVERNING LAW, JURISDICTION AND VENUE
MODIFICATION AND SEVERABILITY