Agnew Advantage Consulting
Effective date 8/1/22
TERMS OF USE AGREEMENT
These Terms of Use constitute an agreement between you, the user, and Agnew Advantage Consulting (collectively “we,” “us,” or “our”) and these terms of use apply to your use of all of the sites and services owned, hosted, maintained, operated by, or affiliated with us, including www.AgnewAdvantageConsulting.com,
www.AdolescentFamilyBHS.com, and www.ValenciaAgnew.com and any other site that we have owned or operated, do own and operate or may own or operate in the future including social media sites (collectively, the “Sites”). Unless stated otherwise, all references to the “Sites”, “Site”, “site”, or “sites” in the terms on this page include all such Sites. All references to “websites” herein, is in reference to unaffiliated and third party websites. These terms of use do not apply to your use of unaffiliated or third party websites to which any of our Sites may link to or direct you to.
Please read the following terms of use relating to your use of this Site, and all the Sites listed below, under our brand, carefully. By using these Sites, or by executing (whether in paper or via electronic methods) an order purchasing our services, you agree to these terms of use. We reserve the right to modify these terms at any time so please check this page periodically for changes. By using these Sites after we post any changes to these terms, you agree to accept those changes, whether or not you have reviewed them or been notified about them. If at any time you choose not to accept these terms of use you must stop using our Sites and any materials or information you have obtained by or through us.
We are committed to providing all participants with a positive experience.
Thus, Agnew Advantage Consulting, may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media- based, or digital without refund or waiver of remaining payments if:
- you become disruptive or difficult to work with;
- you fail to follow the program guidelines; or,
- you impair the participation of our instructors or participants in our program(s).
To fully experience and gain the most benefit from our programs, you agree:
Privacy & Confidentiality
We respect your privacy and must insist that you respect the privacy of fellow Program participants. A full description of our privacy policy can be found on our website.
We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, "Confidential Information") and must insist that you respect the same rights of fellow program participants and of the Company.
Each party will not without the consent of the other, disclose the provisions contained herein to any third parties (other than as may be required by law, in connection with legal or administrative proceedings, or to attorneys, accountants, and consultants they may have retained to represent them in connection herewith).
Thus, you agree to:
- not to infringe any Program- participants or the Company's copyright, patent, trademark, trade secret or other intellectual property rights;
- that any Confidential Information shared by Program participants or any representative of the Company is confidential and Proprietary and belongs solely and exclusively to the Participant who discloses it or the Company;
- not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions;
- that all materials and information provided to you by the Company are its confidential and proprietary intellectual property belong solely and exclusively to the Company, and may only be used by you as authorized by the Company;
- the reproduction, distribution, and sale of these materials by anyone other than the Company is strictly prohibited;
- that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
- While you are free to discuss your individual results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence.
Content:
- All materials, procedures, policies, and standards, all manuals, all teaching aids, and the like that have been or will be made available by Agnew Advantage Consulting or its designated facilitators, or any other source, oral or written, are for individual use within your own business.
- Program content is for individual use only within your own business, and may not be sold, tape-recorded, videotaped, discussed, shared, taught, given away, or otherwise divulged without the express written consent of Agnew Advantage Consulting , or its designated agent.
- The information contained in program material is strictly for educational purposes and is solely intended to be used within your own agency. Therefore, if you wish to apply (or not apply) ideas contained in this material, you are taking full responsibility for your actions.
- We assume no responsibility for errors or omissions that may appear in any program materials.
Indemnification:
You hereby agree to defend, indemnify, and hold Company, its officers, directors, agents, and employees, harmless against all costs, expenses, and losses (including reasonable attorney fees and costs) incurred through claims of third parties against Client based on any breach by you or any of your representations under or related to this Agreement, and for any claims made by any third party alleging any claims related to this agreement concerning the intellectual property rights of Company or their representatives.
Non-Disparagement:
Client shall not, at any time during the Term and thereafter, make statements or representations, or otherwise communicate, directly or indirectly, in writing, orally, or otherwise, or take any action which may, directly or indirectly, disparage the Company, Agnew Advantage Consulting or any of its subsidiaries or affiliates or their respective officers, directors, employees, advisors, businesses or reputations. Restrictions
The contents of our Sites, as well as any of our content on our affiliated Sites, and all of our materials, courseware, videos and other information are protected by copyright, trademark and other proprietary and intellectual property rights laws,
Privacy Policy Terms of Use Disclaimer
rules and regulations and are our property (or the property of third parties to the extent we use or license third party materials therein). Except solely for your personal internal use and as may be cached in a computer you own in its normal operation, You may not repost, distribute, copy, lease, resell, make available, provide, make derivative works from, or otherwise make any use or disclosure of our property, intellectual property or content without our express written permission. The (Agnew) Experience, The (Agnew)Transformation, Valencia’s Village, Turnkey Business System, and the Agnew Advantage Private Practice Masterclass and many of our courses and brands are owned by Agnew Advantage Consulting. “The (Agnew) Experience", “The (Agnew) Transformation", “The Agnew Advantage Masterclass” are trademarked or controlled by Agnew Advantage Consulting, and all information on our Sites is copyrighted by the designee on the footer.
Unless otherwise noted, you may access and use the information and materials within the Sites for your personal use only. You may not change, modify, delete, display, transmit, adapt, exploit, or copy for distribution or sale any information, material, trademark, or copyright on the Sites, or any of our affiliated Sites. You must obtain written permission from us or any other entity who owns intellectual property on the Sites before you may publish, distribute, display, or commercially exploit any material from the Sites and if you do not gain our written permission you will be held liable for significant damages. By using the Sites, you agree to these restrictions and to abide by all copyright notices and restrictions on your rights to use our materials and information.
Links
These terms of use apply only to our Sites, and not to the websites of any other companies or organizations, including those we link to. We do not maintain, create, endorse, or take any responsibility for the contents, advertising, products or other materials made available through any other website, including those we link to.
Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any content, goods or services available on any other site. Other websites may link to our Sites by permission only. To seek our permission, you may contact us. We reserve the right to rescind any permission granted to you or any organization in which we approve linking to our Sites, and to require termination of any such link to any of the Sites, at our discretion at any time.
Privacy Policy Terms of Use Disclaimer
Affiliate Links & Disclosures
If we use affiliate links, which are links to our partners or sponsors who pay us if you signup or purchase from them, then we will tell you on the page we are linking to them from. Any action you take on another company’s site is up to you and you are solely responsible for your actions and purchases with them. If we are paid by an affiliate, it does not cost you any extra – they are compensating us for driving traffic to them. Often, we are able to get you discounts and trials to companies we like; and we only recommend companies we like.
Events, Information, and Speaker Changes
The events, information, and speakers listed on our Sites are subject to change without notification.
No refunds. Unless an order form specifically provides for a cancelation policy, refund right or similar right, all sales are final and non-refundable, even if we cannot provide the event or service on the date stated – in such cases, any amount paid shall be used for the rescheduled event, or for an applicable substitute event in the future.
Submissions
We welcome your comments and ideas about any of the Sites and our content. However, we will not review or consider any unsolicited creative submissions or suggestions for topics at our seminars, within our newsletters, or for our products. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that ideas developed by our staff might seem to be similar to any ideas that were submitted to us. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any idea, suggestion or material (“Submission”), it shall become our property. We will not be subject to any obligation of confidence for any Submission, and we will not be liable for any use or disclosure of any Submission. In the case that you submit something to us and it is unsolicited, we will exclusively own all rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission. Given this fact, we ask that you refrain from submitting creative projects to us, particularly those that are confidential or personal to you.
Privacy Policy Terms of Use Disclaimer
Likewise, do not submit to us any ideas, content, materials or other information owned by a third party (third party content). If you do so, you represent to us that you have all rights to the third party content necessary to grant to us, and hereby grant to us, in respect of such third party content, a perpetual non-exclusive, royalty free, fee free, unencumbered, non-revocable, world-wide right and license to use, sell and have sold, make and have made, distribute, reproduce, import and export, make derivative works from, publicly display and perform, and otherwise make any use of any kind in respect of such third party content. You hereby covenant to indemnify, defend and hold us harmless from and against any and all claims by any third party arising from you providing us any third-party content.
Forums
A “forum” means any message board, chat room, user review forum or other interactive service appearing on any of the Sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component. We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual and non-revocable, nonexclusive, royalty free right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you
Privacy Policy Terms of Use Disclaimer
own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation for any materials you may post on the Sites.
Limitation of Liability
Under no circumstances, including but not limited to negligence, will we, our affiliates, or any of our licensors or suppliers, be liable for any special or consequential damages, lost profits, loss of use, loss of data, business interruption, legal noncompliance fines or penalties, lost opportunity, incidental, punitive or other non-direct compensatory damages that result from the use of, or the inability to use, the materials or information on the Sites, or any products or services provided pursuant to the Sites, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability, or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us, or any of our licensors or suppliers, for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Sites, in the previous 12-month period prior to the date the claim accrued.
Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods or services you receive from a guest speaker or other third-party content provider on our Sites or at one of our events. We are also not responsible or liable for any loss or damage that is caused, or alleged to have been caused, to our guest speakers in connection with the display of their photo, name, or biography posted on our Sites or in our marketing materials.
No Professional Advice
Privacy Policy Terms of Use Disclaimer
The information contained in or made available through the Sites or through our affiliated Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, therapeutic, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors and suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we or our affiliates, nor our partners or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or any other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance. Non-Academic Institutions
Please note our company, Agnew Advantage Consulting is not an accredited academic institution and do not issue diplomas or academic certifications or degrees. We do not accept student loans or provide student aid under any programs. We are a for-profit training and research center for personal and professional development.
Earnings Disclaimer
We don’t believe in “get rich” programs – only in hard work, adding value, building a real and professional career, and serving others with excellence and constancy. Our programs are intended to help you share your message with a wider audience and to make a difference in the world, while growing your personal brand. Our programs take a lot of work and discipline just like any worthwhile endeavor or professional continuing education program. Please don’t enroll in our programs if you believe in the “money for nothing/get rich quick” myth or ideology; we only want serious people dedicated to real personal and professional development, who want to add value and move humanity forward. As stipulated by law, we cannot and do not make any guarantees about your ability to get results or earn any money with our ideas, information, tools or strategies. We don’t know you and, besides, your results in life are up to you. Agreed? We just want to help by giving great content, direction, and strategies. You should know that all products and services
Privacy Policy Terms of Use Disclaimer
by our company, and our affiliates, are for educational and informational purposes only. Nothing on this page, any of our Sites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice. Any financial numbers referenced here, or on any of our Sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Making decisions based on any information presented in our products, events, services, or Sites, should be done with the knowledge that you could experience risk or losses just like any entrepreneurial endeavor. Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, and under any circumstance. Parental Permission
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.
Explicit Language & Mature Content
On our Sites we will occasionally discuss mature topics and language relating to personal and professional growth that may use explicit language or “curse words.” Users who are uncomfortable with such topics or language should not use our Sites.
Confidentiality and Non-Solicit and Non-Compete Users of our Sites, and our affiliated Sites, hereby understand that the tools, processes, strategies, materials and information presented on these Sites are copyrighted and proprietary; so, users agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express
Privacy Policy Terms of Use Disclaimer
written permission. Any unauthorized use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives are prohibited. We will pursue legal action and full damages if any of these terms are violated in order to protect these rights.
Discussions and communications between you and us are confidential and may not be disclosed by either of us, except in the case of a dispute between us, and then only as necessary to resolve such dispute, subject to any restrictions in such dispute such as protective orders or other restrictions or limitations placed upon such information during such dispute. The above provision shall not limit either of us in disclosing these communications under a written confidentiality agreement, in connection with a merger, sale, investment or other similar transaction, and each of us may transfer possession of such information to a successor in interest, provided the successor agrees to these same restrictions.
You may not and covenant not to use any information you obtain regarding our materials, intellectual property, users, customers or sources of supply to compete with us, to interfere with our contractual and business relationships with such persons (by, for example, defaming us, or disclosing private discussions between you and us), to solicit such persons or entities to perform services or otherwise enter into a business relationship with such persons that are the same or similar to the services we perform or that constitute a substantially similar business relationship with such person or entity that replaces us or is competitive with us; provided however that the above restrictions shall not restrict you from using publicly available information or information obtained from other persons who did not breach any legal obligation owed to us.
Notice concerning Communications Decency Act
We hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is not suitable to minors. You can discover some of the providers of such parental control technology by searching for "parental control software" using a major search engine, or by visiting https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online.