TERMS OF USE

 

TERMS OF USE

  1. ACCEPTANCE OF TERMS
    Distressed Property Institute, LLC, a Delaware Limited Liability Company (d/b/a “Charfen Institute”), makes this website (the “Site”), including all information, documents, communications, files, text, graphics, software, products and services available through the site (collectively, the “Materials”) and all services operated or offered by Charfen Institute, its affiliates and third parties (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Charfen Institute may publish from time to time (collectively, the “Terms of Use”).By accessing or using this Site in any way, using or receiving any of the Services, downloading any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.Charfen Institute reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site, Materials and Services will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site, Materials and Services automatically terminates.
  2. DEFINED TERMS
    All user-supplied information, articles, materials, files, communications, and documents are referred to collectively as “User Content.” “Charfen Institute Content” means any and all Materials provided by Charfen Institute. User Content and Charfen Institute Content may have different restrictions and conditions associated with them. “LEAD Program” refers to the Charfen Institute seminar, course or even, namely the LEAD, LEAD BUSINESS ACCELERATION, OR LEAD EXPERIENCE EVENT, for which you have purchased a ticket either through this Site or otherwise.
  3. TYPES OF USERS
    This website accommodates two types of users: (1) Site visitors who wish to view products and other materials and services offered through the Site. Site users may be permitted to submit limited questions and comments to the Site forum and blog subject to the terms of this agreement. (2) This Site also accommodates graduates of LEAD programs. Please be aware that certain activities on this Site, including access to Log In to the Site, may be limited to LEAD program graduates.The terms and conditions expressed in this agreement apply to all users and visitors of this Site.
  4. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
    The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Site, Materials or Services may violate such laws and these Terms of Use. Except as expressly provided herein, Charfen Institute does not grant any express or implied rights to use the Materials and Services or any of Charfen Institute’s logos or trademarks. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, scraping, robots, or similar data gathering and extraction methods in connection with the Site or use the Site for your own lead generation efforts.All content included in course materials, coaching sessions or presented at a Charfen Institute event is the property of Charfen Institute and you agree that you will not duplicate or otherwise distribute such content without the express written consent of the Charfen Institute.In addition to the Materials and Services offered by Charfen Institute, this Site may also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. Charfen Institute offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by Charfen Institute. You agree that you will not hold Charfen Institute responsible or liable with respect to the Third Party Services or seek to do so.

    Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the Charfen Institute Content and User Content available on this Site subject to the following conditions:

    1. The Charfen Institute Content and User Content may be used solely for personal, informational, and internal purposes.
    2. The Charfen Institute Content and User Content may not be modified or altered in any way.
    3. The Charfen Institute Content, User Content on the Site and Services may not be distributed or sold, rented, leased, or licensed to others.
    4. You may not remove any copyright or other proprietary notices contained in the Charfen Institute Content and User Content.
    5. Charfen Institute reserves the right to revoke the authorization to view, download, and print the Charfen Institute Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Charfen Institute.
    6. The rights granted to you constitute a license and not a transfer of title.

    The rights specified above to view, download, and print the Charfen Institute Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

  5. TRADEMARK INFORMATION
    The trademarks, logos, and service marks, including “Charfen Institute” and the “LEAD” marks (the “Marks”) displayed on this Site are the property of Charfen Institute, its affiliates or other third parties. You are not permitted to use the Marks or any of Charfen Institute’s designations without the prior written consent of Charfen Institute or such third party that may own the Marks.
  6. LICENSE TO CHARFEN INSTITUTE FOR USER CONTENT
    Certain Services offered through this Site accommodate or may require User Content, such as the Site forums and blogs. By submitting User Content to this Site you grant Charfen Institute a perpetual worldwide, royalty-free, non-exclusive license to modify, compile, reproduce, publish, distribute, commercialize, monetize, sell and otherwise use such content for advertising and promotion without limitation. You also grant Charfen Institute the right to publicly display any content you upload to this Site. If you do not agree to have your uploaded content used by Charfen Institute in the manner outlined in this agreement, please refrain from uploading or submitting any User Content to or through this Site.
  7. DIGITAL MILLENNIUM COPYRIGHT ACT
    If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to Charfen Institute at support@lead-experience.com.
  8. PROHIBITED COMMUNICATIONS
    You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
  9. USER CONDUCT
    In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another graduate’s account, password, service, or system without authorization from Charfen Institute; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
  10. MANAGING CONTENT AND COMMUNICATIONS
    Charfen Institute reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. Charfen Institute may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, Charfen Institute will have no liability related to User Content. Charfen Institute disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
  11. WARRANTIES AND DISCLAIMERS
    Except as expressly provided otherwise in a written agreement between you and Charfen Institute or you and a third party with respect to such party’s materials or services, this Site, and all Materials and Services offered by Charfen Institute, including any LEAD Program ticket or product or service, including coaching services, purchased through the Site or Charfen Institute, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Charfen Institute makes no warranty that (i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; (iv) the quality of any informational products, Services, or Materials obtained or accessible by you through the Site or Charfen Institute will meet your expectations; or (v) you will financially profit from using Charfen Institute’s process, products, services and/or methodology.This Site could include technical or other mistakes, inaccuracies, or typographical errors. Charfen Institute may make changes to the Materials, Services and this Site at any time without notice. The Materials, Services, or the Site may be out of date at times, and Charfen Institute will make a good-faith effort, but makes no commitment, to update such Materials, Services or the Site.You understand and acknowledge that (i) Charfen Institute does not control, endorse, or accept responsibility for any content, advice, products, or services offered by third parties or Site Users through the Site, including, without limitation, third parties accessible through links on the Site; (ii) Charfen Institute makes no representation or warranties whatsoever about any such third parties or Site Users, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) Charfen Institute shall not be liable or responsible for any content, products, or services offered by third parties or Site Users. Any in-person meeting between you and another Site User is done at your own risk. Charfen Institute does not screen the Site Users and therefore cannot take responsibility for the integrity of its Users and/or graduates. Please take reasonable safety precautions when meeting Site Users in-person or when dealing with other Site users generally.

    The use of the Services or the downloading or other use of any Materials through the Site or Charfen Institute is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Charfen Institute assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site or Site users. No advice or information, whether oral or written, obtained by you from Charfen Institute or through or from the Site shall create any warranty not expressly stated in these Terms of Use.

  12. PERSONAL INFORMATION AND PRIVACY
    Except as otherwise expressly set forth herein, your personal information will be deemed to be confidential. In any case, you understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Charfen Institute or others or internally to enhance the services provided to you.
  13. LIMITATION OF LIABILITY
    In no event, including, without limitation, negligence, shall Charfen Institute, its subsidiaries, affiliates, agents, attorneys, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not Charfen Institute has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, the Services, or Materials, the statements or actions of any third party on or through the Site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site or Charfen Institute that are delayed or interrupted, or any website referenced or linked to or from this Site.
  14. INDEMNITY AND LIABILITY
    You agree to indemnify and hold Charfen Institute, and its subsidiaries, affiliates, officers, directors, attorneys, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content or computer viruses), your use of the Site, your connection to the Site, your violation of these Terms of Use or your violation of any rights of another person or entity.
  15. GOVERNING LAW AND JURISDICTION
    This Site (excluding linked sites) is controlled by Charfen Institute from its offices within the state of Texas, United States of America. By accessing this Site or purchasing or accessing the Services or Materials, you and Charfen Institute agree that all matters relating to your access to, or use of, this Site, the Services and/or Materials shall be governed by the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof. Subject to the Arbitration Clause below, you and Charfen Institute also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within Travis County, State of Texas with respect to such matters.Any dispute relating in any way to your visit to this Site or use of the Services or Materials, shall be submitted to confidential binding arbitration in Travis County, Texas, except that, to the extent you have in any manner violated or threatened to violate Charfen Institute’s intellectual property rights, Charfen Institute may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts..Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
  16. GENERAL
    The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Charfen Institute and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Charfen Institute to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.


    Terms specific to your purchase of a ticket(s) to a live LEAD Program event (a “Live Event”):

    Recording Live Events:

    Charfen Institute often captures live LEAD Program events by video recording, by which all or some attendees may be recorded. The video recordings may be used for educational, training, analysis and promotional purposes. By attending any live event/program offered by Charfen Institute, you grant Charfen Institute consent to record you, to use your image and likeness for commercial purposes, and you agree to release your rights to the recorded material. You agree that Charfen Institute shall have the perpetual, royalty-free, license to derive profits from any such videos and recordings with no obligation to compensate you.

    Cancellation of Live Event Registration Ticket

    I understand that I will receive no refunds or reimbursement for my cancellation of a Live Event registration. If I cancel my registration at least two weeks before the scheduled event, Charfen Institute will use its best efforts to transfer my registration to another scheduled Live Event. I understand that such transfer is entirely contingent on space availability and scheduling. If Charfen Institute cancels the LEAD event for any reason, it will provide me with a ticket to another Live Event. I agree that in no event will Charfen Institute be responsible to me for reimbursing travel or related consequential costs associated with Charfen Institute’s cancellation of the event.

    All events are subject to cancellation. If a Live Event is canceled for any reason, Charfen Institute will work to reschedule or transfer you to another event or, at your request, Charfen Institute will refund you for the event ticket you purchased. In no event will Charfen Institute be responsible for reimbursing travel or related consequential costs. (NOTE: No refunds will be issued under this paragraph if your Live Event ticket was provided to you as part of your purchase of a LEAD product (such as a DVD set, videos or Distance Course). In such a case we will provide a registration ticket to an alternative Live Event.)

    Money Back Guarantee:

    Charfen Institute has a 100% satisfaction guarantee. If, after attending and completing a Live Event, you are not satisfied that the Live Event provided you with real value, simply return our course materials within one (1) business day of the end of the Live Event to receive a refund for your purchase of the Live Event ticket. (NOTE: no refunds will be issued for tickets that were not individually purchased but provided to you by virtue of a LEAD Product purchase). The course materials must reflect a postmark date of one (1) business day or less after the Live Event. Refunds will be generated in the same method in which you registered. NOTE: There will be a 4% service fee for all refunds issued.

    Returned materials should be shipped to the following address:

    ATTN: Returns Department
    Charfen Institute
    11612 Bee Cave Road – Building 2, Suite 100
    Austin, TX 78738

    Terms specific to your purchase of LEAD DVDs, Videos or other LEAD Distance Courses (“LEAD product(s)”):

    Money Back Guarantee:
    Charfen Institute has a 100% satisfaction guarantee. If you are not satisfied that the LEAD product(s) you purchased provided you with real value, simply return our course materials within 30 days of purchase to receive your refund. (In the event that you receive your LEAD product in installments or over time, the 30 day period will begin running only after you receive the last installment or component of such LEAD product). Refunds will be generated in the same method in which you registered. NOTE: There will be a 4% service fee for all refunds issued. When you purchase a LEAD product, such as a DVD set, videos or a LEAD Distance Course, Charfen Institute may also provide you with a ticket to a live Charfen Institute event. You agree that in such a case the return and money-back guarantee policies outlined in this paragraph will govern the transaction. The refund policies will apply only to the LEAD product returned within 30 days as outlined in this paragraph. The money back guarantee will not apply to the live event ticket when such ticket was issued as part, and not independent, of your LEAD product purchase.

    Returned materials should be shipped to the following address:

    ATTN: Returns Department
    Charfen Institute
    11612 Bee Cave Road – Building 2, Suite 100
    Austin, TX 78738

    Charfen Institute Coaching Services:

    I agree that the following terms and conditions shall apply if I have elected to purchase the Charfen Institute Coaching Services:

    I will pay Charfen Institute (“CI” or “Coach”) and CI will provide to me personal and professional coaching services as provided herein (the “Coaching Services”). The Coaching Services will be provided to me by telephone or another remote means of communication as I and CI may agree upon. The Coaching Services provided to me are coaching and business consultation services, which are formulated and structured in collaboration between me and the Coach. The Coaching Services do not constitute advice, therapy, or counseling. I understand the Charfen Institute does not provide any legal, tax or financial advice. The Coaching Services may address a range of topics including specific personal projects, business successes, and other general conditions in my personal or professional life.

    1. The Coaching Services will consist of two Individual Coaching sessions and one Group Coaching session every month, or a total of 24 Individual Coaching sessions and 12 Group Coaching sessions during the term. Individual Coaching sessions will be half hour phone calls between me and my Coach. These sessions are designed to focus on my progress in implementing program initiatives into my business, identifying any barriers to implementation and any other issues raised by me. Group Coaching sessions will include content being delivered by the Coach, group discussion facilitated by the Coach and commitment to action items from the participating Clients. Group Coaching sessions will be one hour teleconference calls. Within the first month of services, I will participate in an Individual Orientation session, as well as, a Group Orientation session. The term of this agreement will be for 12 months, reflecting 12 monthly payments, and it will automatically renew for one-month periods thereafter unless 60 days’ notice of termination is provided by me via a telephone call to CI. The effective date of termination will be the end of the billing cycle in which the 60th day of notice falls. I will be billed for my first month of service in this month. If CI is unable to schedule me for a group and individual coaching session before the end of the month, my first month of service will begin the first day of next month. I will be billed on the first of each month for all subsequent service months. My failure to make payments as they become due (including any past due amounts) will result in CI’s withholding of Coaching Services until such payments are made.
    2. I may cancel the Coaching Services within 45 days of my agreement to this contract with no penalty and CI will refund any fees actually paid for the Coaching Services within the 45 day period. (The Coaching Service fee is the difference in purchase price between the LEAD product purchased and my total payment obligation under this Agreement). Otherwise, I agree that I may not cancel this Agreement and that I am responsible for all fees for the remainder of the annual subscription term. CI may cancel this Agreement at any time by providing me notice of such cancellation. In the event that CI cancels this Agreement after I have prepaid for the Coaching Services, CI will refund fees paid for the remainder of the term on a prorated basis.
    3. My Coach and I will schedule coaching sessions in advance of such sessions. Once a session is scheduled, I agree to provide the Coach with 72 hours’ notice prior to cancelling an appointment. If I fail to provide the notice CI will treat the cancelled session as having been conducted.
    4. CI cannot guarantee that the Coaching Services will meet my requirements or expectations or that will achieve particular results. Examples of successful results highlighted by CI are merely examples, and are in no way taken as guarantee of particular results. I am fully responsible for the well-being of my business during and after the coaching relationship. I fully release CI for any claims as it relates to the Coaching Services to the fullest extent allowed by law. I understand that telephone communications with CI, including individual and group sessions, may be recorded for quality assurance and I consent to such recording. I understand and agree that any information that I disclose or discuss with my coach or Charfen Institute is not considered to be confidential and may be discussed internally within the Charfen Institute and its subsidiaries and affiliates.
    5. Payment should be made using the designated Coaching Services enrollment form, or via a phone order placed with a Coaching Services associate. I may elect monthly payments, or a one-time payment for the full year of services. Payment can be made by credit card. To make payment arrangements I will contact a Coaching Client Associate at 512-870-8466, or fax my completed Coaching Services enrollment form to 1-888-527-3570. Monthly payments will be due each month on the day of the month in which the initial payment was processed.