Terms of Service.
Last updated: May 1, 2022
These Terms of Use and Conditions apply to DeBaun and Co , LLC and http://worksmartadvisor.com, worksmartprogram.com which governs data collection and usage. For the purposes of these Terms of Use and Conditions, unless otherwise noted, all references to DeBaun and Co , LLC include http://worksmartadvisor.com, and all other subsidiary companies. The DeBaun and Co , LLC websites are educational and informational resources. The Company cannot guarantee the outcome of following the recommendations provided and any statements about potential outcomes are expressions of opinion only. The Company makes no guarantees about the information and recommendations provided herein. These Terms of Use and Conditions are entered into by and between you and DeBaun and Co , LLC (hereinafter referred to as "Company"), and together with the Privacy Policy and any other documents are expressly incorporated by reference and govern your access to the Sites, as well as any content or functionality of the services, whether as a visitor or a registered user. By continuing to use, read, or participate in this Website you acknowledge that the Company cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within our control. Therefore, following any information or recommendations provided on this Website are at your own risk.
These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Programs, Products, Memberships, and Content Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.
SCOPE:
You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client. Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties. Access to all areas of the Website is provided in accordance with the following terms ("Terms"). By using the Website, you electronically agree to be legally bound by the Terms, which govern your use of the Website, whether you have read them or not. If you do not agree to all of these Terms, please immediately discontinue any further use of the Website. Your failure to follow the Terms may result in suspension or termination of your access to the Website.
By purchasing any products, you agree to only use the information or product for the purpose of trading and/or investing in the
MATERIALS
The materials and classes are for information and illustrative purposes only and does not purport to show actual results. It is not, and should not be regarded as investment advice or as a recommendation regarding any particular security or course of action. Opinions expressed herein are current opinions as of the date appearing in this material only and are subject to change without notice. Reasonable people may disagree about the opinions expressed herein. In the event any of the assumptions used herein do not prove to be true, results are likely to vary substantially. All investments entail risks. No representation is being made that any account, product, or strategy will or is likely to achieve profits, losses, or results similar to those discussed if any. No part of this document may be reproduced in any manner, in whole or in part, without the prior written permission of Morgan DeBaun. This information is provided with the understanding that with respect to the material provided herein, that you will make your own independent decision with respect to any course of action in connection herewith and as to whether such course of action is appropriate or proper based on your own judgment, and that you are capable of understanding and assessing the merits of a course of action. Morgan DeBaun does not purport to and does not, in any fashion, provide tax, accounting, actuarial, recordkeeping, legal, broker/dealer or any related services. You may not rely on the statements contained herein. Teri Ijeoma shall not have any liability for any damages of any kind whatsoever relating to this material. You should consult your advisors with respect to these areas. By accepting this material, you acknowledge, understand and accept the foregoing.
AGE RESTRICTION
You must be at least eighteen (18) years of age to use this Website, or any Services contained herein. By using this Website, You represent and warrant that You are at least eighteen (18) years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age.
INFORMATION PROVIDED BY YOU
If you upload materials, content, or information (collectively, "Information") to areas of the Website that are available to other users, you give us an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform, and publicly display the Information. Please refer to our Privacy Policy for an explanation of how we use your information and your rights to change or delete it. By posting or submitting any material on or through our Programs, Products, Services, Memberships and Content Materials, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials, and you are at least eighteen (18) years old. When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, an unlimited, 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 contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Programs, Products, Services and/or Content Materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Programs, Products, Services and/or Content Materials at any time for any reason whatsoever.
MEDIA RELEASE
By participating in our Programs, Products, and Membership, and using our Content Materials, including our Community Facebook page, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Programs, Products and Membership in our current or future Programs, Products and Membership, and/or marketing or promotional efforts, without compensation to you at any time, now or in the future.
USE OF TEMPLATES AND FORMS
The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.
By ordering or downloading Forms, you agree that the Forms you purchase, or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of the Company.
COOKIES
We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all.
The Site does not respond to Do Not Track signals sent by your browser.
THIRD PARTY LINKS
The Site may contain links to third party websites. Except as otherwise discussed in the Terms, this document only addresses the use and disclosure of information we collect from you on our Site. Other sites accessible through our site via links or otherwise have their own policies in regard to privacy. We are not responsible for the privacy policies or practices of third parties.
REFUND POLICY
Due to the digital nature of our products and the fact that it is immediate access, all sales are final. No refunds will be issued.
SALES
The Company may sell goods or services or allow third parties to sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products, Services, and Content Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal
NO WARRANTIES OR GUARANTEES
WE PROVIDE THE WEBSITE "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." WE MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE WEBSITE. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES
THAT THE WEBSITE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE ANY PARTICULAR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, INCLUDING ANY INFORMATION OR CONTENT OBTAINED AS A RESULT OF USING THE WEBSITE WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE. YOU USE THE WEBSITE AT YOUR OWN RISK.
BY PURCHASING THE PROGRAM OR SERVICE, YOU ACCEPT, AGREE AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT WE OFFER NO REPRESENTATIONS, WARRANTIES OR GUARANTEES VERBALLY OR IN WRITING REGARDING YOUR FUTURE EARNINGS, BUSINESS PROFIT, SUCCESSFUL REGISTRATIONS OF INTELLECTUAL PROPERTY, MARKETING PERFORMANCE, OR AUDIENCE GROWTH OF ANY KIND. THE COMPANY DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS USING ANY OF OUR IDEAS, TOOLS, STRATEGIES OR RECOMMENDATIONS, AND NOTHING IN OUR PROGRAM IS A PROMISE OR GUARANTEE TO YOU OF SUCH RESULTS.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE OR OUR SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE SERVICE PROVIDERS' LIABILITY IN SUCH STATE OR JURISDICTION IS LIMITED TO THE EXTENT PERMITTED BY LAW.
LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
NOTICE AND TAKE DOWN PROCEDURES
If you believe any materials accessible on or from the Website infringe your copyright, trademark, or other legal rights, you may request removal of those materials (or access thereto) from the Website by contacting us at support @ worksmartprogram.com
AFFILIATE MARKETING AND ADVERTISING
The Company, through the Website and Services, may engage in affiliate marketing whereby the Company receives a commission on or percentage of the sale of goods or services on or through the Website. The Company may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules.
TERMINATION AND MODIFICATION
You agree that we may without prior notice, discontinue, temporarily or permanently, the Website (or any part thereof) or eliminate your account, any associated email address, and remove any information you uploaded or provided to the Website with or without notice. Cause for termination will include, but not be limited to, (a) violations of these Terms or any other policy of DeBaun & Co. LLC, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Website, or (e) unexpected technical or security issues or problems.
COMPLIANCE WITH APPLICABLE LAWS
The Websites are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Websites or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
JURISDICTION AND CHOICE OF LAW
The laws of the State of Tennessee govern this contract and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods will have no applicability. You further agree that any disputes or claims that you may have against us will be exclusively resolved by a court located in Tennessee You irrevocably consent to the venue and jurisdiction of such courts.
BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
DISPUTE RESOLUTION
It is hoped that should we ever have any differences; we could be able to work them out amicably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us at hello@itradeandtravel.com and include all of your reasons for dissatisfaction with your Program. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.
By purchasing our Programs or Products you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to us referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.
You also agree that should arbitration take place, it will be held in San Diego, California, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
GENERAL PROVISIONS:
a) ASSIGNMENTS. We may assign this contract at any time without notice to you.
You may not assign this contract to anyone else.
b) ENTIRE AGREEMENT. These Terms and the policies, rules and guidelines posted on the Website constitute the entire contract between you and us and supersede all previous written or oral contracts. If any part of the Terms is held invalid or unenforceable, that portion will 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 will remain in full force and effect.
c) SEVERABILITY. If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of this Agreement shall continue in full force.
d) NO WAIVER. This shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
e) FORCE MAJEURE. The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
f) IMPOSSIBILITY OF PERFORMANCE. We shall not be deemed to be in violation of this Agreement if we are prevented from performing any of its obligations hereunder for any reason beyond its control and without fault, including without limitation, acts of God or of the public enemy, man-made disaster, flood or storm, pandemic, strikes or statutory regulation or rule of any federal, state, or local government, or any agency thereof, however, the Party so delayed shall exercise its best efforts to remedy any such cause of delay or cause preventing performance.
g) MODIFICATION IN TERMS OF USE. It is our sole discretion to revise and update these Terms of Use from time to time. All changes are effective immediately when we post them, and apply to all access to and use of the Websites thereafter. Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
HEADINGS FOR CONVENIENCE ONLY. Headings in this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
NO AGENCY, PARTNERSHIP OR JOINT VENTURE. No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.