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. These terms and conditions are subject to change by 828 Media LLC at any time and at our discretion without notice. Except as specified elsewhere herein, your use of this web site and your participation in the 100x groups 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. If you do not agree with the terms and conditions, please do not use or access the web site. Please read carefully.
1. INTELLECTUAL PROPERTY You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by 828 Media LLC, 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. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of 828 Media LLC. For information on requesting such permission, please contact us by email. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us through internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
2. ABILITY TO ACCEPT TERMS AND CONDITIONS You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
3. REFUND POLICY 828 Media LLC offers online registration for a number of its programs. Current refund policies are as follows, and may change from time-to-time. If the program or product is not listed below we do not offer refunds on those programs or products.
100X Challenges: There are no refunds for the purchase of the Challenges. Due to the nature of this program, there is no refund offered after purchase is made.
100X Acceleration: We offer a 30-day conditional refund for purchases on 100X Acceleration. However, in order to qualify for a refund, you must submit proof that you did the work in the course and it did not work for you. In the event that you decide your purchase was not the right decision, within 30 days of enrollment, contact our support team at support@100Xacademy.com and let us know you’d like a refund by the 30th day at 11:59 PM MST. Refunds will be for the total price paid less $250 for materials sent upon purchase. We will NOT provide refunds more than 30 days following the date of purchase. After day 30, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.
Please note: If you opted for a payment plan and have not refunded according to the refund policy within 30 days, you are required to complete the remaining payments of your payment plan. If you are on a payment plan and fail to make further payments, you will be removed from the group without refund of previous payments.
100X EXPANSION There are no refunds for the purchase of the Expansion Program. Due to the nature of this program, there is no refund offered.
All refunds outside of this policy are discretionary as determined by 828 Media LLC. 828 Media LLC reserves the right to issue refunds for extenuating circumstances, as we deem necessary. All refunds will be for the total price paid less the cost for materials sent upon purchase.
4. DISCLAIMER FOR 100X EXPANSION There are no guarantees that you will be certified or will be given clients via 100x and 828 Media LLC. There are no guarantees regarding income earned. Due to the nature of this program, if we have any questions or concerns regarding your involvement, 100X will contact you.
5. PRODUCT DELIVERY / MEMBERSHIP PROGRAM / CONDUCT
A. You affirm, represent, and warrant that your participation in this group will not include any unsolicited self-promotions, poaching or spamming other members of the group. You affirm, represent, and warrant that your participation in this group will not include inappropriate behavior, rude or mean behavior to others within the group. You affirm, represent, and warrant that your participation on this community and the content you post does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You also represent and warrant that content you submit does not violate the intellectual property rights of third parties. 828 Media LLC reserves the right to make the final decision regarding what is appropriate. 828 Media LLC further reserves the right to remove content or terminate your account without prior notice for any violations of this provision.
B. Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.
C. We reserve the right to discontinue or modify without notice or liability, any portion of our groups and sites. However, in the rare event that we decide to discontinue a particular online product or service you have paid for, we will either fulfill the services for the duration of the specific term that you paid for, provide a better product offered to you for a higher value, or in our sole discretion, we will offer you a refund for the services that were not yet rendered.
D. You understand and agree to not interfere with the running of this community and all related sites, and to not attempt unauthorized access to any portion of the 100X Community.
E. You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
F. You understand and agree not to post or transmit any information, software or other material that contains a virus or other harmful component.
G. You agree that any ideas, suggestions, or improvements that you provide to 828 Media LLC about 828 Media LLC’s products or services shall be owned by 828 Media LLC and that 828 Media LLC is free to include such ideas in future products without compensation to you.
H. You agree and understand that by participating in any group coaching program with 828 Media LLC, 828 Media LLC reserves the right to record such group coaching calls/meetings and 828 Media LLC shall be the owner of such recordings. Company shall have complete authority to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display the group coaching calls or any content posted in community, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. If you do not wish to be recorded, then please do not participate in any group coaching calls/meetings/community.
I. You agree that all videos for 100X Challenges come down after the Challenge. In paying to enter a Challenge you do not under any circumstance own the content delivered in the Challenge. This content will only be available during the duration of the Challenge.
6. CONTACTING US If you need to contact us, you can email us at support@100Xacademy.com, call us at (707)471-4017, or send us a letter at: 828 Media LLC, 750 Mason St, Suite 105, Vacaville, CA 95688.
7. DISCLAIMER OF WARRANTIES ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH OUR COMMUNITY GROUPS AND COMPANY SITES (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THESE ASSETS IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL 828 Media LLC OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS 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. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Any provision herein to the contrary notwithstanding, the maximum liability of 828 Media LLC to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Content delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to 828 Media LLC by You for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of 828 Media LLC arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the groups and sites and any services rendered hereunder and that, were 828 Media LLC to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
9. INDEMNIFICATION Upon a request by 828 Media LLC, you agree to defend, indemnify, and hold 828 Media LLC and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse any related groups or sites.
10. SEVERABILITY AND INTEGRATION Unless otherwise specified herein, this agreement constitutes the entire agreement between you and 828 Media LLC supersedes all prior or contemporaneous communications between you and 828 Media LLC. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
11. GOVERNING LAW AND JURISDICTION These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California. You hereby consent to binding arbitration in the State of California to resolve any disputes arising under this Terms and Conditions.
12. ARBITRATION OF DISPUTES Except for payment/collection issues or infringement of 828 Media LLC’s intellectual property, which can be heard by a court of competent jurisdiction, the parties agree that any dispute or claim in law or equity arising between them regarding the use of this program or these Terms and Conditions, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Vacaville, California. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of California. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction. NOTICE: BY PARTICIPATING 100X PROGRAMS YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS PROGRAM.
13. CLASS ACTION WAIVER ARBITRATION OR ANY OTHER LEGAL ACTION ARISING IN CONNECTION WITH THE USE OF THIS PROGRAM, THE SERVICES OFFERED THROUGH THIS PROGRAM, OR THESE TERMS AND CONDITIONS MUST BE ON AN INDIVIDUAL BASIS, WHERE ALLOWED BY APPLICABLE LAWS. THIS MEANS NEITHER YOU NOR COMPANY MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
14. ATTORNEYS’ FEES In any dispute, action, proceeding, or arbitration regarding the use of this program or these Terms and Conditions, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs and expenses upon appeal).