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TERMS OF USE AGREEMENT

This Terms of Use Agreement governs your participation in Marriage Boot Camp, Life Enrichment Boot Camp, Couples Retreat, Dating Boot Camp and all other programs (collectively, “Boot Camp”) of The Marriage Boot Camp, Inc. (“MBC”) and its affiliates. This Terms of Use Agreement sets forth the standards of use of MBC. By clicking on “I Agree” below you consent to and agree to abide by these Terms of Use. MBC reserves the right, at any time, to modify, alter, or update the terms and conditions of this Terms of Use Agreement without prior notice. Modifications shall become effective immediately upon being posted at The Marriage Boot Camp website. Your continued use of the Materials (as defined below) and other services after amendments are posted constitutes an acknowledgement and acceptance of this Terms of Use Agreement and its modifications. Except as provided in this paragraph, this Terms of Use Agreement may not be amended. No oral modifications are effective.

1. Conditions of Participation

In consideration for the agreement by MBC to permit your participation in Boot Camp, you acknowledge and agree that: (i) all of Boot Camp’s games, drills, exercises, formats, contents, programs, presentations, activities and materials (collectively, “Materials”) are and shall be MBC’s sole and exclusive property, and that you will not use any of the Materials, in whole or in part, to conduct any marriage, relationship or other type of seminar, program or presentation of any kind without MBC’s prior express written consent; (ii) your participation in Boot Camp may be terminated at any time if, in the sole and absolute discretion of MBC, your participation is deemed to interfere with the conduct of any Boot Camp activity or the participation of others in Boot Camp, whether or not you have any fault in connection therewith; and (iii) in the event your participation in Boot Camp is terminated by MBC, even if without cause, your registration fee is non-refundable, non-transferable, and cannot be redeemed for cash. MBC shall under no circumstances be responsible for any expenses or other obligations relating to your participation in, or termination from, Boot Camp, including but not limited to lodging, transportation, meals, incidentals change fees or cancellation fees.

You hereby release, discharge, and hold harmless MBC and all of its employees, volunteers, agents, managers, officers, directors, attorneys, and other representatives from and against any and all injury, liability, cost, and expense, whether or not presently known, arising out of or in connection with your participation in Boot Camp, including without limitation in connection with any physical and/or emotional injuries or damages you might claim arising from any increase, decrease, or complete loss of consortium, companionship, or relationship (“Relationship Status”), it being understood that your acceptance of the possibility of a change in your Relationship Status is essential to your participation in the Program, and that you would not be accepted as a Boot Camp participant in the absence of your acceptance of the foregoing risks and liabilities.

Photograph and Video Release: You grant permission to MBC and its representatives to photograph or video record you during your participation in any Boot Camp activity, which such photographs and video recordings shall be the sole property of MBC. You also grant permission to MBC to use, alter or edit your image, likeness and sound of your voice in any such photographs and video recordings, with or without your name, for any lawful purpose, including but not limited to publicity, promotion, demonstration, exhibition, publication, illustration, advertising and web content.

2. Description of Service

MBC is providing you with Materials and other services that are intended to be experiential, not therapeutic.

3. Disclaimer of Warranties.

The Materials and other services are provided by MBC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, MBC makes no representations or warranties of any kind, express or implied, regarding the results of the Materials and other services provided or in terms of their correctness, accuracy, reliability, or otherwise. MBC shall have no liability under any circumstances for any interruptions or disruptions in content or delivery of the Materials and other services, even if the result of MBC’s negligence, gross negligence or reckless acts or inaction. MBC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable in any such jurisdictions.

4. Limitation of Liability

MBC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MBC SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES.

5. Indemnification

You agree to indemnify and hold harmless MBC, its parents, subsidiaries, affiliates, officers, employees, volunteers, agents, representatives and attorneys (collectively, “MBC Entities”) from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your participation in Boot Camp or use of the Materials or other services, your violation of this Agreement, or your infringement o the rights of others.

6. Third-Party Sites

MBC’s and its affiliated programs’ websites may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that MBC Entities not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and MBC Entities are not responsible therein. You are encouraged to review said privacy policies of any third-party sites.

7. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While MBC makes every effort to ensure that the information on this website is accurate, it does not make any representations or warranties as to the accuracy or reliability of any information provided.

MBC makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

8. Choice of Law and Arbitration

MBC is headquartered in the State of Texas. As such, we are subject to the laws of the State of Texas, and such laws will govern this Terms of Use Agreement, without giving effect to any choice of law rules. MBC makes no representation that its website, Materials or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site, agree to this Terms of Use Agreement and/or participate in any part of Boot Camp, you agree to be subject to the internal laws of the State Texas and to the jurisdiction of the state courts of or federal courts sitting in Texas.

Any and all disputes arising out or in connection with this Terms of Use Agreement or your participation in Boot Camp or otherwise against any MBC Entity may be brought only in arbitration in Collin County, Texas before a single arbitrator pursuant to the then-existing streamlined arbitration rules and procedure of JAMS. The arbitrator may award any remedy available at law or in equity, except that the arbitrator shall not have the power to award you monetary damages in excess of the amount of registration fees you actually paid (that is, excluding unpaid amounts and the value of any scholarships or discounts). Nor shall the arbitrator have the power to award you punitive or exemplary damages. In the event MBC, prior to the commencement of the arbitration hearing, offers you a full refund of the amount of registration fees you actually paid, the arbitrator shall not have the power to award you attorneys’ fees or arbitration fees.

9. Compliance with Laws.

You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Materials or other services, or otherwise participate in Boot Camp in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that does or could, or encourages conduct that does or could, constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

10. Copyright and Trademark Information

All content included or available in the Material and/or on MBC’s website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the property of MBC and/or third parties protected by intellectual property rights. All rights are expressly reserved. Any use of the Materials or matters contained in in MBC’s website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of MBC is strictly prohibited. You agree that you will not use, allow others to use or in any way aid or assist the use of any robot, spider, or other automatic device, or manual process to monitor or copy MBC’s web pages or the content contained therein without prior written permission of an authorized officer of MBC.
The Marriage Boot Camp (the “Mark”) is a proprietary, registered service mark of MBC The Mark and any other trademarks, services marks or proprietary marks or names may not be used in connection with any product or service that is not provided by MBC or in any manner that is likely to cause confusion among consumers or others, or in any manner that disparages or discredits any of the MBC Entities.

All other trademarks displayed on MBC’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with MBC or Boot Camp.

11. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, MBC designates the following individual as its agent for receipt of notifications of claimed copyright infringement:

12. Botnets

MBC retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, MBC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

13. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by MBC, in its sole discretion, to a third party. You agree to accept these terms and conditions.

14. Refund and Cancellation Policy – Registration Fee Payments

Effective Date: June 5, 2015
Each event is planned months in advance in order to accommodate each group with the proper number of staff members and adequate ballroom space. The preparation is based on the number of confirmed attendees for each event. Therefore, please give as much notice as possible if you need to make a change to your registration.

Realizing that there may be unforeseen events, circumstances or personal emergencies that may prevent you from being able to attend Boot Camp, MBC offers several options should you need to cancel your registration for reasons other than set forth in Paragraph 1, above.

MBC offers several options to help accommodate you should you be unable to attend the event for which you registered.

Transfer Request:
You may request to apply your full payment as a credit toward a future date and or location, up to two (2) times without additional fee or penalty, provided your request is received ten (10) days before the first day of the event for which you registered. Once the event starts you will be considered a “no show.” In that event, no refund or transfer will be permitted barring extraordinary circumstances.

If you request a Transfer in excess of 2 times, MBC may, at its sole discretion, require the forfeiture of all monies already paid by you or on your behalf and/or all scholarship or sponsorship funds granted to you.

Optional Transfer: You may transfer your registration and applied funds to another person or couple to a future date and or location, provided you make your request in writing no less than ten (10) days prior to the first day of the event for which you registered and subject to the terms and conditions below.

No refund will be made if the Transfer or Optional Transfer is not used within one year of your original registered event date.

Cancellation Refunds
All Cancellations will forfeit any scholarships or sponsorships that may have been granted to you.

In the event of a Cancellation request, any monies actually paid (that is, excluding unpaid amounts and the value of any scholarships or sponsorships) will be refunded in accordance with the procedures set forth below, less the non-refundable registration and processing fees of $200.00. If you have not paid at least $200.00 by the time of your request for Cancellation, you authorize MBC to charge you the difference in the amount you have paid, if any, and the amount of the non-refundable fees. Cancellations must be made in writing no less than ten (10) days prior to the first day of the event for which you registered.

If your request for Cancellation is made within ten (10) days of the first day of the Boot Camp for which you are registered, your refund will be limited to the amount of monies actually paid (that is, excluding unpaid amounts and the value of any scholarships or sponsorships), less: (i) the $200.00 non-refundable registration and processing fees, and (ii) one-half of any amounts above $200.00 that you have actually paid or $250.00, whichever is greater, for which you grant MBC the right to charge you. The foregoing notwithstanding, any request for Cancellation made on or after the first day of the Boot Camp for which you registered will result in complete forfeiture of all monies you actually paid and all scholarships and sponsorships awarded to you.

Procedure for Requesting Transfer, Optional Transfer or Cancellation.
Any Request for a Transfer, Optional Transfer or Cancellation must be made in writing. No phone calls requests will be accepted.

You may mail your request via United States Mail or expedited service at: The Marriage Boot Camp, Inc., P.O. Box 940167, Plano, TX 75094-0167. For faster service, you may email your request to lisa@marriagebootcamp.com. In either case, you must include the full name under which you registered, the date of the Boot Camp for which you registered, whether you seek a Refund, Transfer or Optional Transfer. In the case of a Transfer, you must also provide the date of the Boot Camp you wish to attend, if known. In the case of an Optional Transfer, you must provide the name, address, email address and telephone number of the person(s) to whom you wish to transfer your registration and the date of the Boot Camp the transferee(s) wish to attend, if known. Whether requesting a Transfer, Optional Transfer or Cancellation, your request must be received no later than ten (10) days before the scheduled start of the Boot Camp for which you are registered, except in the case of an emergency or other exceptional circumstance.

Refund Payments:
Refunds will be made with the same payment method as your original registration fee payment.

Credit Card Payments: If you paid via credit card, a refund as a credit to your account will normally issue within 3 to 5 business days after we receive your written notice.

Payments via Check or E-Check: If you paid by check or e-check, a refund will normally be made via check within 7 days after we receive your written notice and your original check has cleared our bank, whichever is later.

Refund Payment Exceptions:

Credit Card Payments: If your credit card company does not accept the credit due to a closed account or due to the amount of time since your payment, you will be issued a check.

*No refund will be issued for the value of scholarships you received.

*No refund will be issued for any part of your registration fees paid by a sponsor of the program. Your sponsor may however use the funds to sponsor another person in your place.

Cancellation by Marriage Boot Camp
MBC reserves the right to cancel or postpone an event due to low enrollment or other circumstances which, in its sole discretion, would make the event non-viable.

If MBC cancels an event, you will be offered a full refund. Should circumstances arise that result in the postponement of an event, MBC has the right at its sole option to either issue you a full refund or transfer your registration to a future date.

If MBC chooses to cancel or postpone an event, MBC will not be responsible for any non-refundable or other fees or expenses you incur as a result of the cancellation of lodging accommodations, transportation or other arrangements.

MBC will use its best efforts under the then-existing circumstances to make contact with you via email or phone s for said event, to give you notice of change of date, venue or cancelation.

If you have any questions or concerns regarding the Refund or Cancellation Policy please feel free to contact MBC at 866-477-0951 or at info@marriagebootcamp.com.