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Terms of use

TERMS OF SERVICE

Effective Date: August 28, 2019

Welcome to GOtivation!  These Terms of Service are intended to explain our obligations as a service provider and your obligations as a customer. Please read these Terms of Service (the “TOS”) carefully because it is an Agreement between you and Gotivation, LLC. (“GOtivation”) and governs your use of the services provided by GOtivation via the Site, any related sites,  or any products you purchase (such as courses, programs, memberships, training, or coaching) collectively called the “Products.”

By using the Sites and/or our Products, you agree to these Terms of Service, our Privacy Policy (available here), which is incorporated herein by reference, or any other written agreement that governs your use of our Sites and Products. You should not use our Sites or Products if you do not agree with the terms and conditions contained in such agreements.

  • ACCESSING THE SITES AND PRODUCTS

In order to access the Sites and/or online Products, you must obtain access to the World Wide Web through devices that access web-based content and pay any service fees associated with such access.

We reserve the right to modify, suspend or discontinue, whether temporarily or permanently, the Sites (or any part thereof) or Products, for any reason and without notice. You agree that GOtivation shall not be liable to you or to any third party for any modification, interruption, suspension or discontinuance of the Sites and/or Products. We are not responsible for delay or failure of our performance of any of the features of the Sites and Products caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

  • FOR LAWFUL PURPOSES

To access or use the Sites or Products, you must be eighteen (18) years old or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Sites and/or Products.

You may use the Sites and/or Products for lawful purposes only. You agree to use the Sites and/or Products for legitimate, non-commercial purposes only. You shall not post or transmit through the Sites and/or Products any material which violates or infringes our rights, or the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

 

  • PRODUCTS
  • Product Description

While we try to be as clear as possible in explaining the Products, please do not accept the description as entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

  • Customer Account

Our Products are delivered to you online in a digital format, typically via email, our Site, a messaging platform, or mobile app (i.e., no physical products are shipped to you). In order to access certain Products, you will be required to establish an account by providing information about yourself including your name, current email address, username, password, and other personal information, which you must treat as confidential.  You agree that any such information you give to GOtivation will always be accurate, correct and up-to-date, otherwise, we will not be able to deliver important details about your Product purchase(s) to you.

You agree that the Products, including any materials contained therein, any usernames or passwords, may only be used by you –  the individual who is the customer on record with GOtivation – as permitted herein and may not be sold or distributed without GOtivation’s express written consent.

  • Product Payments

You agree to make timely and full payments to GOtivation for purchased Product(s) (regardless of whether you selected to pay for the Product(s) in full or with a payment plan).

You authorize GOtivation to automatically charge your credit card for any and all payment balances owed and you agree to keep this information current and up-to-date with the Company. If any payment is insufficient or declined for any reason, GOtivation may revoke your access to the Products, without refund.

  • Refund Policy

The Refund Policies vary depending on the Product. The term “Product Start Date” is defined as the first day GOtivation provided you access to the applicable Product.

Motivated in a Month™

If you substantially participate in (i.e., message back daily, complete the activities) and finish the month program, yet are dissatisfied with the results, you may request a full refund.

Simply email us at gotivationteam@gotivation.com with the subject “Motivated in a Month Refund”. Share your full name, date you completed the program, and why you were dissatisfied. We’ll refund the full amount on the original credit card you used.

Motivational Personality & Superpower Report™

After you have received your Motivational Personality or Motivational Superpower Report, no refunds will be issued.

Master Motivation Coaching w/Dennis™ or other subscription-based products

For monthly memberships like this program, no refunds are available, however, you can cancel at any time to stop any future payments.

For annual memberships paid in full, within sixty (60) calendar days of the Product Start Date you may request a refund for the remaining (unused) period by emailing customer support at gotivationteam@gotivation.com and submitting the requested materials to GOtivation’s satisfaction.

If you receive a refund, all Product licenses are immediately terminated.  As such, you agree to immediately stop using the refunded Product(s) and to remove all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, documents, presentations, and other resources.

If your request for a refund is declined by GOtivation, you agree to accept the GOtivation’s decision regarding your ineligibility for a refund as final and you agree to make timely and full payments to GOtivation for any remaining balances owed for the Product (regardless of whether you selected to pay for the Product in full or with a payment plan).

  • Limited License

For Products you have access to, GOtivation grants you a limited, personal, non-exclusive, non-transferable for your own personal and internal business use. Except as otherwise provided, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create competing products or services, enhance, or in any way exploit any of the Products in any manner.

You shall not remove any copyright notice from any of the Products.  Doing so may infringe on our intellectual property rights, as outlined below.

  • INTELLECTUAL PROPERTY POLICIES

The Sites and Products contain intellectual property owned by GOtivation (“GOtivation’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Sites and Products, GOtivation’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. Without limiting the generality of the foregoing, you may not:

  • include such content in or with any product or service that you create or distribute;
  • reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Sites/Products, use of the Sites/Products, or access to the Sites/Products;
  • establish: (i) a hyperlink, including a deep link, to any page or location on the Sites/Products; or (ii) a frame containing any portion of the Sites/Products, on any other website, app, Facebook Messenger, text message, or document with hyperlink capabilities without the express written permission of GOtivation;
  • copy such content onto your or any other website or publication; or
  • direct any other person to do any of the foregoing.

We reserve the right to immediately remove your access to our Sites and Products, without refund, if you are found to be violating this intellectual property policy.

Facebook is a registered trademark of Facebook Inc. GOtivation, Sites, and Products that are delivered via Facebook Messenger are in no way related, sponsored, or endorsed by Facebook, Inc.

  • NO RESALE OF SITE OR PRODUCT CONTENT

You agree not to reproduce, duplicate, copy, sell, resell, create derivative works, or exploit, for any commercial or other purposes, any portion of the Sites and/or Products or content or other information or materials of any kind that you do not own without our express prior written consent.

  • THIRD PARTY LINKS AND ADVERTISING ON OUR SITES AND PRODUCTS

We may provide links to other websites or resources, which are not maintained by or related to us. Links to such sites are provided as a service to our users and customers and are not sponsored by, endorsed or otherwise affiliated with the GOtivation. We have no control over these sites and their content and make no representations or warranties about the content, completeness, quality or accuracy of the links, goods, services, materials or information contained on any such website. Therefore, you acknowledge and agree that the Company is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, services, or other materials made available on or from these linked websites. You also acknowledge and agree that GOtivation is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links.

  • THIRD-PARTIES CONNECTING TO OUR SITES AND PRODUCTS

GOtivation is not responsible for the content or practices of third-party websites that may be linking to our Sites and/or Products and GOtivation and makes no representation or warranty regarding such third parties, their websites, their content, or their goods and services.

  • AFFILIATE LINKS

From time to time, GOtivation may include affiliate links on its Sites and in its Products. This means that if you purchase an item using an affiliate link, GOtivation may earn a commission. Affiliate links will be highlighted in some manner so as to disclose the affiliate relationship.

  • PUBLICLY SHARED INFORMATION NOT CONFIDENTIAL

You understand that information provided or shared with us directly or indirectly, on our Sites, social media platforms, chat rooms, discussion forums or message boards (whether in the form of emails, text messages, comments, audio calls, video calls, coaching calls, webinars, or otherwise) will be broadly available to other persons, both inside of and/or outside of GOtivation.

However, private messages sent throughout our Products, (like Motivated in a Month) will only be available to GOtivation team members.

Also, any expressed opinion by another user is his or her own and should not be considered as reflecting the opinion of GOtivation.

  • YOUR FEEDBACK

With your prior permission, you agree that GOtivation has the right to use your feedback whether in the form of emails, submissions, surveys, comments, discussions on the Sites and/or Product-related forums, calls, calls, or otherwise, for the purposes of marketing or promoting GOtivation Sites and/or Products.

  • ERRORS, INACCURACIES, AND OMMISSIONS

Information provided about or in the Sites and/or Products is subject to change. GOtivation makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free.  GOtivation disclaims all liability for any inaccuracy, error or incompleteness in the Sites and/or Products.

  • USE OF TESTIMONIALS AND REVIEWS

The Sites and/or Products may reference testimonials, reviews, case studies or other feedback from others about our Sites and/or Products.  Although these testimonials are truthful statements, the results obtained by these users and customers are not necessarily typical and are not a guarantee of the types of results you can achieve by following the information in our Sites and/or Products.

  • RESULTS NOT GUARANTEED

GOtivation may share the successful results of GOtivation, its users, or customers on the Sites and Products. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, weight loss, health improvements, or results of any kind. By accessing the Sites and/or Products, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Sites and/or Products is a promise, warranty or guarantee to you of such results.

  • UPLOADING CONTENT & COPYRIGHT COMPLAINTS:You are only permitted to upload and share content that you either:

    – Have copyright ownership rights to

    – Have received permission from the original owner to distribute

    If you believe your copyright-protected work was distributed without authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.

    GOtivation will respond quickly to claims of copyright infringement committed using the Messenger Service and Site if such claims are reported in the format (sample) notice below.

    1. Identify the copyrighted content that you claim has been infringed

    2. Identify the content or link you claim is infringing and what access you desire to have disabled.  At a minimum, we’ll need the URL of the link shown on the Site and the user that distributed the content.

    3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

    4. Include both of the following statements in the body of the Notice:

    “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

    “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

    5. Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to GOtivationTeam@gotivation.com or:

    GOtivation LLC

    535 Duane Street

    Suite 100

    Glen Ellyn, IL 60137

     

    Upon receipt of Notice as described below, GOtivation will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

    For more information on the Digital Millennium Copyright Act of 1998, head to the U.S. Copyright Office website at gotivationteam@gotivation.com

    • DISCLAIMERS

    GOtivation is not responsible for any messages you send.

    GOtivation is not intended for emergency use.  If you are having a medical emergency or thoughts of suicide, immediately call 911.

    Do not disregard professional medical advice or delay seeking advice or treatment because of something you have read on our Site or Products.

  • NO WARRANTIES

THE USE OF THE SITES AND PRODUCTS ARE AT YOUR SOLE RISK. THE SITES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, LACK OF ERRORS, OR ACCURACY OF THE SITES AND PRODUCTS. GOTIVATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

GOTIVATION MAKES NO WARRANTY THAT (1) THE SITES AND PRODUCTS WILL MEET YOUR REQUIREMENTS, (2) THE SITES AND PRODUCTS WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SITES AND PRODUCTS WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF SITES AND PRODUCTS WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE SITES AND PRODUCTS WILL BE ERROR-FREE AND/OR ANY ERRORS IN THE SITES AND PRODUCTS WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US  OR THROUGH OR FROM THE SITES AND PRODUCTS SHALL CREATE A WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

  • LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES, OR PERSONAL INJURY OR DEATH), WHETHER ARISING IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, AND EVEN IF WE’VE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES IN ADVANCE. OUR LIABILITY TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO YOUR CLAIMS.

  • INDEMNIFICATION

You agree to indemnify, defend, and hold us, our subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney’s fees and related costs, made by or arising out of your use of our Sites and/or Products in violation of these Terms of Service and/or your violation of any rights of another or any applicable law, rule or regulation. Your indemnification obligation will survive the termination of these Terms of Service and your use of the Sites and Products.

  • REFUSAL OF SERVICE

We reserve the right to refuse access to the Sites and/or Products to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Sites and/or Products, without refund, if you violate these Terms of Service or other agreements governing your use of the Sites and/or Products.

  • RELATIONSHIP OF THE PARTIES

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us by virtue of your use of the Sites and/or Products.  Furthermore, no professional client relationship is formed between you and GOtivation by your use of the Sites and/or Products, unless you and GOtivation enter into a separate written agreement indicating our intention of entering into a professional client relationship with you.

  • NOTICES

Any notice or other communication to be given will be in writing and given by registered or certified mail return receipt requested to the physical address or email address noted below for GOtivation or to the last known physical address or email address associated with your account.

  • GOVERNING LAW

The Terms of Service shall be governed by the laws of the State of Illinois.

  • DISPUTE RESOLUTION

If a dispute arises under these Terms of Service, we agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Glen Ellyn, Illinois. Any costs and fees associated with the mediation, other than attorney fees, will be shared equally by both of us.

If the dispute is not resolved within thirty (30) calendar days after it is referred to the mediator, it shall be settled exclusively by submitting to binding arbitration in Glen Ellyn, Illinois. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.

If any court action is necessary to enforce these Terms of Service, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.

  • RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

  • EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

  • WAIVER

GOtivation’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of GOtivation.

  • SEVERABILITY

If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

  • ASSIGNMENT

These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid. GOtivation may assign its rights and duties under these Terms of Service to any party at any time without notice to you.

  • ENTIRE AGREEMENT

These Terms of Service, along with the referenced Privacy Policy, and any other written agreement that governs your use of our Sites and Products, constitute the entire agreement between you and GOtivation with respect to the Sites and Products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and GOtivation with respect to the Sites and Products.

  • CHANGES TO TERMS OF SERVICE

We may amend these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on the Sites and/or Products. Any use of the Sites or Products by you after means you accept these amendments.

  • HOW TO CONTACT US

You can contact us with any questions or comments about the Terms of Service at:

GOtivationTeam@gotivation.com or:

GOtivation LLC

535 Duane Street

Suite 100

Glen Ellyn, IL 60137