Terms And Conditions
Big Money Speaker® User Terms and Conditions
Last Updated on April 26th, 2017
Welcome to Big Money Speaker®. This Agreement sets forth Your rights and obligations as a Big Money Speaker® User. By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.
I. Definitions
A. “Big Money Speaker” is a trademark of James Malinchak International, Inc. (JMII), and also refers to proprietary information of James Malinchak International, Inc.
B. “James Malinchak International, Inc.” means James Malinchak International, Inc., the owner of Big Money Speaker® and other trademarks. In this Agreement, references to “James Malinchak International, Inc.” as a Party mean and refer to James Malinchak and James Malinchak International, Inc. owner(s), parent company(ies), affiliate entities, and employees, and assigns.
C. “Parties” mean James Malinchak, James Malinchak International, Inc. and You. James Malinchak, James Malinchak International, Inc. and You are each a “Party.”
D. “Terms” mean and refer to the Terms and Conditions set forth herein.
E. “User” refers to a person who has created a Big Money Speaker® Account. “User Account” refers to a User’s Big Money Speaker® Account.
F. “You” and “Your” means the Big Money Speaker® User who has executed this Agreement by clicking “I Agree.”
II. Becoming a Big Money Speaker® User
By clicking “I Agree” to these Terms, transferring payment to James Malinchak International, Inc., and creating a User Account, You become a Big Money Speaker® User. There are various products and services available to Users, and monthly prices applicable to such products and services. James Malinchak International, Inc.’s products, services, and prices are posted https://www.Big Money Speaker®.com, and are subject to change without notice. Price changes are effective on the first day of the month after the price change is posted https://www.Big Money Speaker®.com. By clicking “I Agree” and providing James Malinchak International, Inc. Your credit card information You authorize James Malinchak International, Inc. to charge Your credit card in the amount indicated for the value of the services You select, including any future price changes. By Your continued use of James Malinchak International, Inc. services, and unless You terminate this agreement as provided herein, You agree that James Malinchak International, Inc. may charge Your credit card monthly for the products and services You have selected, and You consent to any price changes for such services.
III. Term and Termination
Your User contract with James Malinchak International, Inc. begins when You click “I Agree,” and will continue month-to-month until either:
A. James Malinchak International, Inc. cancels Your account due to Your breach of any of the Terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments You have made to James Malinchak International, Inc.
OR
B. You provide James Malinchak International, Inc. ten (10) days’ e-mail notice, as provided herein, of Your cancellation of Your account. If You provide such notice less than ten (10) days before the first day of the next month, Your credit card may still be charged. You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments to James Malinchak International, Inc.
OR
C. Your credit card or James Malinchak International, Inc.’s charge is denied for any reason and You do not provide James Malinchak International, Inc. a new credit card within ten (10) days.
IV. REFUNDS FOR “HARD GOODS”
If You have purchased a “hard good” (for example, a book, MP3 player, or other tangible product) from James Malinchak International, Inc. sold under any of its brands or related brands, including without limitation Big Money Speaker® or James Malinchak International, Inc., you may receive a limited refund if you comply with the following conditions:
1. You must request a refund in writing by contacting info@malinchak.com;
2. Your request for a refund must be made within thirty (30) days of your purchase;
3. You must return the hard goods to James Malinchak International, Inc. immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
4. The hard goods must be returned to James Malinchak International, Inc. in like-new, or re-sellable condition, as determined in James Malinchak International, Inc.’s sole, reasonable discretion.
V. No License to use James Malinchak International, Inc. Marks
Any content on any James Malinchak International, Inc. website may constitute the intellectual property of James Malinchak International, Inc. Except where expressly authorized, no material on any James Malinchak International, Inc. website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The BIG MONEY SPEAKER® trademark and logo are proprietary marks of James Malinchak International, Inc., and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by James Malinchak International, Inc. or any of James Malinchak International, Inc.’s affiliates.
VI. Indemnity.
You agree to protect, defend, indemnify and hold harmless James Malinchak International, Inc., its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against James Malinchak International, Inc. for liability for payments for, damages caused by, or other liability relating to, You.
VII. No Warranty; No Leads.
James Malinchak International, Inc. does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that James Malinchak International, Inc. will not at any time provide sales leads or referrals to You. Additionally, JAMES MALINCHAK INTERNATIONAL, INC.’S WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. JAMES MALINCHAK INTERNATIONAL, INC. MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY JAMES MALINCHAK INTERNATIONAL, INC. WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. JAMES MALINCHAK INTERNATIONAL, INC. MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY JAMES MALINCHAK INTERNATIONAL, INC. WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY JAMES MALINCHAK INTERNATIONAL, INC. WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY JAMES MALINCHAK INTERNATIONAL, INC.’S WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY JAMES MALINCHAK INTERNATIONAL, INC.’S WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The James Malinchak International, Inc. websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any James Malinchak International, Inc. website and these Terms, these Terms shall control.
VIII. Limitation of Liability.
YOU AGREE THAT IN NO EVENT SHALL JAMES MALINCHAK INTERNATIONAL, INC.’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO JAMES MALINCHAK INTERNATIONAL, INC. FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST JAMES MALINCHAK INTERNATIONAL, INC. OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
IX. Force Majeure.
James Malinchak International, Inc. will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of James Malinchak International, Inc.. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. James Malinchak International, Inc. shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
X. Assignment of Rights.
James Malinchak International, Inc. may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without James Malinchak International, Inc.’s or its assigns express written consent.
XI. Information; Registration; User Names and Passwords
As a Big Money Speaker® User, You will be required to create an account with James Malinchak International, Inc. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your Big Money Speaker® User account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your User account, to any third party. You are fully responsible for all transactions with, and information conveyed to, James Malinchak International, Inc. under Your User Account. You agree to immediately notify James Malinchak International, Inc. of any unauthorized use of Your password or User name or any other breach of security related to Your User account. You agree that James Malinchak International, Inc. is not liable, and You will hold James Malinchak International, Inc. harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
XII. Release/Authorization to Use Photographs.
You grant James Malinchak International, Inc. permission to use any and all photographs taken by James Malinchak International, Inc. or its agents or employees, or submitted by You to James Malinchak International, Inc. (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of James Malinchak International, Inc. or any product or service sold and marketed by James Malinchak International, Inc.. You agree that this authorization to use Photographs may be assigned by James Malinchak International, Inc. to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in James Malinchak International, Inc.’s sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against James Malinchak International, Inc. in exchange for this Release and Assignment. You hereby release and forever discharge James Malinchak International, Inc. from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
XIII. Prohibited Activity.
James Malinchak International, Inc. has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to ClickFunnel’s reputation; and the violation of the rights of James Malinchak International, Inc. or any third party.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for UCE/spam. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to James Malinchak’s, James Malinchak International, Inc.’s and Big Money Speaker® reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
XIV. Contact
If You have any questions or complaints concerning any of the Terms, You may contact James Malinchak International, Inc. by e-mail at info@malinchak.com or by regular mail at 209 S. Stephanie Street, Suite B148, Henderson, NV 89012.
California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
XV. Digital Millennium Copyright Act
If You believe that materials or content available on any James Malinchak International, Inc. website infringes any copyright You own, You or Your agent may send James Malinchak International, Inc. a notice requesting that James Malinchak International, Inc. remove the materials or content from the James Malinchak International, Inc. website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send James Malinchak International, Inc. a counter-notice. Notices and counter-notices should be sent to James Malinchak International, Inc., Attention Legal Department, at 209 S. Stephanie Street, Suite B148, Henderson, NV 89012, or by e-mail to info@malinchak.com.
XVI. Arbitration, Governing Law, and Attorneys’ Fees.
A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against James Malinchak International, Inc. including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Clark County, Nevada. You agree not to file suit against James Malinchak International, Inc. or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and James Malinchak International, Inc.. In the event that You and James Malinchak International, Inc. are unable to reach agreement on an Arbitrator, You and James Malinchak International, Inc. will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Clark County, Nevada. The arbitrators selected by You and James Malinchak International, Inc. will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and James Malinchak International, Inc. and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Nevada without regard to any choice of law provisions.
C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against James Malinchak International, Inc. to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against James Malinchak International, Inc. may not be joined or consolidated with claims brought by anyone else.
D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents James Malinchak International, Inc. from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect James Malinchak International, Inc.’s rights prior to, during, or following any arbitration proceeding.
F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or James Malinchak International, Inc. commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
XVII. Changes to Terms
James Malinchak International, Inc. reserves the right to change these Terms, in whole or in part, from time to time at James Malinchak International, Inc.’s sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms https://www.Big Money Speaker®.com/terms. By Your continued use of James Malinchak International, Inc.’s services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.
XVIII. Severability
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
XIX. Waiver.
No waiver by James Malinchak International, Inc. of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
XX. Heading.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
XXI. Notice.
Any notice required to be given to James Malinchak International, Inc. under or related to these Terms must be in writing, addressed as follows:
James Malinchak International, Inc.
209 S. Stephanie Street, Suite B148
Henderson, NV 89012
General Support and Inquiries: info@malinchak.com
Spam or Abuse: info@malinchak.com
Notices to You may be made by posting a notice (or a link to a notice) on https://www.Big Money Speaker®.com/terms, by e-mail, or by regular mail, at James Malinchak International, Inc.’s discretion.
XXI. STANDARD EARNINGS & INCOME DISCLAIMER.
JAMES MALINCHAK INTERNATIONAL, INC. STANDARD EARNINGS & INCOME DISCLAIMER With respect to the reliability, accuracy, timeliness, usefulness, adequacy, completeness, and/or suitability of information provided in this Program, James Malinchak, James Malinchak International, Inc., its partners, associates, affiliates, consultants, and/or presenters make no warranties, guarantees, representations, or claims of any kind. Participants’ results will vary depending on a number of factors, including, but not limited to a Participant’s willingness to follow all suggested directions, performing stated actions as often as suggested, and doing all follow-up exercises. Any and all claims or representations as to income earnings on this website are not to be considered as average earnings. Testimonials are not representative. All products and services are for educational and informational purposes only. Use caution and see the advice of qualified professionals. Check with your accountant, attorney or professional advisor before acting on this or any information. You agree that James Malinchak and/or James Malinchak International, Inc. is not responsible for the success or failure of your personal, business or financial decisions relating to any information presented by James Malinchak, James Malinchak International, Inc., or company products/services.
Last Updated on April 26th, 2017
Welcome to Big Money Speaker®. This Agreement sets forth Your rights and obligations as a Big Money Speaker® User. By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.
I. Definitions
A. “Big Money Speaker” is a trademark of James Malinchak International, Inc. (JMII), and also refers to proprietary information of James Malinchak International, Inc.
B. “James Malinchak International, Inc.” means James Malinchak International, Inc., the owner of Big Money Speaker® and other trademarks. In this Agreement, references to “James Malinchak International, Inc.” as a Party mean and refer to James Malinchak and James Malinchak International, Inc. owner(s), parent company(ies), affiliate entities, and employees, and assigns.
C. “Parties” mean James Malinchak, James Malinchak International, Inc. and You. James Malinchak, James Malinchak International, Inc. and You are each a “Party.”
D. “Terms” mean and refer to the Terms and Conditions set forth herein.
E. “User” refers to a person who has created a Big Money Speaker® Account. “User Account” refers to a User’s Big Money Speaker® Account.
F. “You” and “Your” means the Big Money Speaker® User who has executed this Agreement by clicking “I Agree.”
II. Becoming a Big Money Speaker® User
By clicking “I Agree” to these Terms, transferring payment to James Malinchak International, Inc., and creating a User Account, You become a Big Money Speaker® User. There are various products and services available to Users, and monthly prices applicable to such products and services. James Malinchak International, Inc.’s products, services, and prices are posted https://www.Big Money Speaker®.com, and are subject to change without notice. Price changes are effective on the first day of the month after the price change is posted https://www.Big Money Speaker®.com. By clicking “I Agree” and providing James Malinchak International, Inc. Your credit card information You authorize James Malinchak International, Inc. to charge Your credit card in the amount indicated for the value of the services You select, including any future price changes. By Your continued use of James Malinchak International, Inc. services, and unless You terminate this agreement as provided herein, You agree that James Malinchak International, Inc. may charge Your credit card monthly for the products and services You have selected, and You consent to any price changes for such services.
III. Term and Termination
Your User contract with James Malinchak International, Inc. begins when You click “I Agree,” and will continue month-to-month until either:
A. James Malinchak International, Inc. cancels Your account due to Your breach of any of the Terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments You have made to James Malinchak International, Inc.
OR
B. You provide James Malinchak International, Inc. ten (10) days’ e-mail notice, as provided herein, of Your cancellation of Your account. If You provide such notice less than ten (10) days before the first day of the next month, Your credit card may still be charged. You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments to James Malinchak International, Inc.
OR
C. Your credit card or James Malinchak International, Inc.’s charge is denied for any reason and You do not provide James Malinchak International, Inc. a new credit card within ten (10) days.
IV. REFUNDS FOR “HARD GOODS”
If You have purchased a “hard good” (for example, a book, MP3 player, or other tangible product) from James Malinchak International, Inc. sold under any of its brands or related brands, including without limitation Big Money Speaker® or James Malinchak International, Inc., you may receive a limited refund if you comply with the following conditions:
1. You must request a refund in writing by contacting info@malinchak.com;
2. Your request for a refund must be made within thirty (30) days of your purchase;
3. You must return the hard goods to James Malinchak International, Inc. immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
4. The hard goods must be returned to James Malinchak International, Inc. in like-new, or re-sellable condition, as determined in James Malinchak International, Inc.’s sole, reasonable discretion.
V. No License to use James Malinchak International, Inc. Marks
Any content on any James Malinchak International, Inc. website may constitute the intellectual property of James Malinchak International, Inc. Except where expressly authorized, no material on any James Malinchak International, Inc. website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The BIG MONEY SPEAKER® trademark and logo are proprietary marks of James Malinchak International, Inc., and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by James Malinchak International, Inc. or any of James Malinchak International, Inc.’s affiliates.
VI. Indemnity.
You agree to protect, defend, indemnify and hold harmless James Malinchak International, Inc., its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against James Malinchak International, Inc. for liability for payments for, damages caused by, or other liability relating to, You.
VII. No Warranty; No Leads.
James Malinchak International, Inc. does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that James Malinchak International, Inc. will not at any time provide sales leads or referrals to You. Additionally, JAMES MALINCHAK INTERNATIONAL, INC.’S WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. JAMES MALINCHAK INTERNATIONAL, INC. MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY JAMES MALINCHAK INTERNATIONAL, INC. WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. JAMES MALINCHAK INTERNATIONAL, INC. MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY JAMES MALINCHAK INTERNATIONAL, INC. WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY JAMES MALINCHAK INTERNATIONAL, INC. WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY JAMES MALINCHAK INTERNATIONAL, INC.’S WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY JAMES MALINCHAK INTERNATIONAL, INC.’S WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The James Malinchak International, Inc. websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any James Malinchak International, Inc. website and these Terms, these Terms shall control.
VIII. Limitation of Liability.
YOU AGREE THAT IN NO EVENT SHALL JAMES MALINCHAK INTERNATIONAL, INC.’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO JAMES MALINCHAK INTERNATIONAL, INC. FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST JAMES MALINCHAK INTERNATIONAL, INC. OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
IX. Force Majeure.
James Malinchak International, Inc. will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of James Malinchak International, Inc.. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. James Malinchak International, Inc. shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
X. Assignment of Rights.
James Malinchak International, Inc. may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without James Malinchak International, Inc.’s or its assigns express written consent.
XI. Information; Registration; User Names and Passwords
As a Big Money Speaker® User, You will be required to create an account with James Malinchak International, Inc. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your Big Money Speaker® User account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your User account, to any third party. You are fully responsible for all transactions with, and information conveyed to, James Malinchak International, Inc. under Your User Account. You agree to immediately notify James Malinchak International, Inc. of any unauthorized use of Your password or User name or any other breach of security related to Your User account. You agree that James Malinchak International, Inc. is not liable, and You will hold James Malinchak International, Inc. harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
XII. Release/Authorization to Use Photographs.
You grant James Malinchak International, Inc. permission to use any and all photographs taken by James Malinchak International, Inc. or its agents or employees, or submitted by You to James Malinchak International, Inc. (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of James Malinchak International, Inc. or any product or service sold and marketed by James Malinchak International, Inc.. You agree that this authorization to use Photographs may be assigned by James Malinchak International, Inc. to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in James Malinchak International, Inc.’s sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against James Malinchak International, Inc. in exchange for this Release and Assignment. You hereby release and forever discharge James Malinchak International, Inc. from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
XIII. Prohibited Activity.
James Malinchak International, Inc. has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to ClickFunnel’s reputation; and the violation of the rights of James Malinchak International, Inc. or any third party.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for UCE/spam. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to James Malinchak’s, James Malinchak International, Inc.’s and Big Money Speaker® reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
XIV. Contact
If You have any questions or complaints concerning any of the Terms, You may contact James Malinchak International, Inc. by e-mail at info@malinchak.com or by regular mail at 209 S. Stephanie Street, Suite B148, Henderson, NV 89012.
California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
XV. Digital Millennium Copyright Act
If You believe that materials or content available on any James Malinchak International, Inc. website infringes any copyright You own, You or Your agent may send James Malinchak International, Inc. a notice requesting that James Malinchak International, Inc. remove the materials or content from the James Malinchak International, Inc. website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send James Malinchak International, Inc. a counter-notice. Notices and counter-notices should be sent to James Malinchak International, Inc., Attention Legal Department, at 209 S. Stephanie Street, Suite B148, Henderson, NV 89012, or by e-mail to info@malinchak.com.
XVI. Arbitration, Governing Law, and Attorneys’ Fees.
A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against James Malinchak International, Inc. including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Clark County, Nevada. You agree not to file suit against James Malinchak International, Inc. or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and James Malinchak International, Inc.. In the event that You and James Malinchak International, Inc. are unable to reach agreement on an Arbitrator, You and James Malinchak International, Inc. will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Clark County, Nevada. The arbitrators selected by You and James Malinchak International, Inc. will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and James Malinchak International, Inc. and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Nevada without regard to any choice of law provisions.
C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against James Malinchak International, Inc. to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against James Malinchak International, Inc. may not be joined or consolidated with claims brought by anyone else.
D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents James Malinchak International, Inc. from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect James Malinchak International, Inc.’s rights prior to, during, or following any arbitration proceeding.
F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or James Malinchak International, Inc. commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
XVII. Changes to Terms
James Malinchak International, Inc. reserves the right to change these Terms, in whole or in part, from time to time at James Malinchak International, Inc.’s sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms https://www.Big Money Speaker®.com/terms. By Your continued use of James Malinchak International, Inc.’s services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.
XVIII. Severability
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
XIX. Waiver.
No waiver by James Malinchak International, Inc. of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
XX. Heading.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
XXI. Notice.
Any notice required to be given to James Malinchak International, Inc. under or related to these Terms must be in writing, addressed as follows:
James Malinchak International, Inc.
209 S. Stephanie Street, Suite B148
Henderson, NV 89012
General Support and Inquiries: info@malinchak.com
Spam or Abuse: info@malinchak.com
Notices to You may be made by posting a notice (or a link to a notice) on https://www.Big Money Speaker®.com/terms, by e-mail, or by regular mail, at James Malinchak International, Inc.’s discretion.
XXI. STANDARD EARNINGS & INCOME DISCLAIMER.
JAMES MALINCHAK INTERNATIONAL, INC. STANDARD EARNINGS & INCOME DISCLAIMER With respect to the reliability, accuracy, timeliness, usefulness, adequacy, completeness, and/or suitability of information provided in this Program, James Malinchak, James Malinchak International, Inc., its partners, associates, affiliates, consultants, and/or presenters make no warranties, guarantees, representations, or claims of any kind. Participants’ results will vary depending on a number of factors, including, but not limited to a Participant’s willingness to follow all suggested directions, performing stated actions as often as suggested, and doing all follow-up exercises. Any and all claims or representations as to income earnings on this website are not to be considered as average earnings. Testimonials are not representative. All products and services are for educational and informational purposes only. Use caution and see the advice of qualified professionals. Check with your accountant, attorney or professional advisor before acting on this or any information. You agree that James Malinchak and/or James Malinchak International, Inc. is not responsible for the success or failure of your personal, business or financial decisions relating to any information presented by James Malinchak, James Malinchak International, Inc., or company products/services.
