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We provide without warranty a significant amount of what is intended to be helpful educational information, training, videos and other materials at no charge and with no obligation to you of any kind or nature whatsoever. We may also from time to time offer and sell paid educational and training materials and other and related products and services. With respect to both our free and paid educational products, services and materials, as well as any and all other products, services, information or anything else we may make available with or without charge, or which we may offer and sell from time to time, we strive to be honest, fair and ethical in our business dealings. However any and all actions we take to fix concerns and resolve problems and disputes are 100% voluntary on our part, unless expressly stated otherwise herein or in our sales and marketing materials, including online materials. We do not create, and we do not intend to create, any higher level of liability than that, even though we will always work hard to quickly and fairly resolve customer questions and concerns, including any and all disputes that may arise. We have therefore created the following General Disclosures & Disclaimers:
MEANING OF "WE" AS USED IN WEBSITE DISCLOSURE PAGES
THE WORD "WE" AS USED ANYWHERE ON THE WEBSITE REFERS TO PATRICK DAGUE, PATRICK DAGUE DBA FLOWINGBUSINESS.COM, FLOWINGBUSINESS, INC., INVESTORS4MYBUSINESS.COM AND INVESTORSFORMYBUSINESS.COM, AND OUR OWNERS, MANAGERS, EMPLOYEES, AFFILIATES, CONTRACTORS AND PARTNERS.
OUR SOLE MAXIMUM REMEDY FOR YOU AS A CUSTOMER IS A REFUND.
THE MAXIMUM EXCLUSIVE REMEDY FOR WHICH WE SHALL BE LIABLE, IF YOU BECOME A CUSTOMER OR IF YOU ARE NOW A CUSTOMER WHO MAKES A PURCHASE FROM US OF ANY KIND AND AT ANY TIME, IS A REFUND WITHIN ANY SPECIFIED REFUND PERIOD WE MAY HAVE STATED IN OUR OFFERING AND SALES MATERIALS. SUCH REFUNDS, IF OFFERED AND AVAILABLE, AND IF PAID, SHALL BE AT MOST A REFUND OF THE PRICE YOU PAID FOR ANY PARTICULAR PRODUCT OR SERVICE WE MAY HAVE SOLD TO YOU. THAT IS OUR ENTIRE LIABILITY TO YOU, AND IT SPECIFICALLY AND EXPRESSLY DOES NOT APPLY TO PRODUCTS OR SERVICES YOU MAY HAVE PURCHASED FROM ANY OF OUR AFFILIATES, PARTNERS, MEMBERS OR OTHER BUSINESS ASSOCIATES. YOU MUST LOOK TO THEM FOR REFUNDS OR OTHER RESOLUTION FOR PROBLEMS OR COMPLAINTS ABOUT PRODUCTS AND SERVICES THEY MAY PROVIDE AND SELL. WE LIMIT REPLACEMENT OR REFUND TO THIRTY DAYS FROM DATE OF YOUR PURCHASE, AND WE RESERVE THE OPTION AT OUR SOLE DISCRETION TO EITHER REFUND THE PRICE PAID OR REPLACE A DEFECTIVE PRODUCT. IN ANY STATES IN THE UNITED STATES OF AMERICA THAT PROHIBIT OR LIMIT BY LAW ANY SUCH EXCLUSION OR LIMITATION OF LIABILITY THIS PARAGRAPH MAY NOT APPLY.
EXCLUSION OF INCIDENTAL AND CONSEQUENTIAL LIABILITY
WE EXPRESSLY EXCLUDE FROM OUR WARRANTY ANY AND ALL INCIDENTAL OR CONSEQUENTIAL DAMAGES YOU MAY INCUR AS A RESULT OF PURCHASING OR USING ANY OF OUR PRODUCTS AND SERVICES. NEITHER PATRICK DAGUE, PATRICK DAGUE DBA FLOWINGBUSINESS.COM, FLOWINGBUSINESS, INC., INVESTORS4MYBUSINESS.COM OR INVESTORSFORMYBUSINESS.COM, AND OUR OWNERS, MANAGERS, EMPLOYEES, AFFILIATES, CONTRACTORS AND PARTNERS, MEMBERS, ASSOCIATES AND SUPPLIERS SHALL BE, OR ARE IN ANY WAY WHATSOEVER, LIABLE FOR ANY SUCH DAMAGES OF ANY KIND THAT YOU MAY INCUR, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, LOSS OF PROFITS, INTERRUPTION OF A BUSINESS OR OTHER SUCH RELATED OR UNRELATED FINANCIAL OR PERSONAL LOSSES. IN THAT THOSE STATES IN THE UNITED STATES OF AMERICA THAT MAY NOT ALLOW EXCLUSIONS OR LIMITATIONS OF LIABILITY THIS PARAGRAPH MAY NOT APPLY. IN SUCH EVENT YOU AGREE THAT THIS PARAGRAPH IN THIS DOCUMENT SHALL NOT IN ANY WAY VOID OR RENDER INVALID ANY OTHER PART OF THIS AGREEMENT.
VENUE FOR MEDIATION & ARBITRATION
OUR SERVICE AGREEMENT WITH YOU IS GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA. VENUE FOR ANY DISPUTES WILL BE IN THE COURT OF COMPETENT JURISDICTION IN LAKE COUNTY, CALIFORNIA AND IN OR NEAR LAKEPORT, CALIFORNIA. IF A DISPUTE SHOULD ARISE CONCERNING ANY ASPECT OF OUR BUSINESS RELATIONSHIP WITH YOU, INCLUDING BUT NOT LIMITED TO OUR TRAINING MATERIALS, PATRICK DAGUE AND/OR HIS TRAINING AND TRAINING METHODS AND INFORMATION, OR OUR PRODUCTS, SERVICES, WEBSITES AND/OR WEBSITE PAGES OR OUR COMPANY, OR CONCERNING ANY OTHER MATTERS RELATED IN ANY WAY TO THE FOREGOING OR TO OUR COMPANY, YOU AGREE TO FIRST ATTEMPT TO RESOLVE IT BY USING A MUTUALLY AGREED-UPON MEDIATOR IN LAKEPORT, CALIFORNIA, OR IN ANY OTHER MUTUALLY AGREED UPON PLACE. ATTENDANCE AT ANY MEDIATION MEETING MAY BE BY TELECONFERENCE OR VIDEO CONFERENCE. ANY COSTS AND FEES OTHER THAN ATTORNEY FEES ASSOCIATED WITH ANY SUCH MEDIATION WILL BE SHARED EQUALLY BY EACH OF US. WITH RESPECT TO ATTORNEY FEES AND RELATED COSTS EACH PARTY IN ANY SUCH DISPUTE SHALL PAY THEIR OWN ATTORNEY FEES AND COSTS.
ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION
IF WE ARE UNABLE TO ARRIVE AT A MUTUALLY SATISFACTORY SOLUTION USING MEDIATION THEN WE AGREE WE WILL SUBMIT THE DISPUTE FOR BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, EXCEPT HOWEVER THAT IF AND WHERE THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION CONTRADICT ANYTHING STATED HEREIN, THE LANGUAGE AND AGREEMENTS STATED HEREIN SHALL, WILL AND DO GOVERN THE MATTER OR MATTERS IN DISPUTE. THE ARBITRATOR SHALL BE AN ARBITRATOR BASED IN OR NEAR LAKEPORT, CALIFORNIA OR ANY MUTUALLY AGREED UPON ARBITRATOR. JUDGMENT UPON THE AWARD RENDERED BY ANY SUCH ARBITRATION MAY BE ENTERED IN ANY COURT WITH JURISDICTION TO DO SO, HOWEVER ANY SUCH AWARD OR JUDGMENT AGAINST SHALL BE STRICTLY LIMITED TO ACTUAL COSTS PAID BY YOU FOR ANY PRODUCTS OR SERVICES WE PROVIDED, AND SHALL EXCLUDE ANY COSTS OF DISCOVERY AND SHALL ALSO EXCLUDE ANY AWARD FOR DAMAGES OF ANY KIND, EXPRESSLY INCLUDING PUNITIVE DAMAGES. ANY JUDGMENT OR AWARD GIVEN BY AN ARBITRATOR THAT IS IN VIOLATION OF THIS PART OF THIS AGREEMENT SHALL BE INVALID ON ITS FACE AND WITHOUT FORCE AND EFFECT IN LAW. THIS STATEMENT AND THE POLICIES OUTLINED HEREIN ARE NOT INTENDED TO CREATE, AND DO NOT CREATE, ANY CONTRACTUAL RIGHTS OR OBLIGATIONS, NOR ANY OTHER LEGAL RIGHTS, FOR OR ON BEHALF OF ANY PARTY, EXCEPT AS STATED HEREIN.
USE OF THE ENGLISH LANGUAGE
THIS AGREEMENT IS WRITTEN IN ENGLISH, WHICH IS TO BE THE OFFICIAL LANGUAGE FOR INTERPRETATION OF THE AGREEMENT AND THE TEXT HEREIN.
LIMITS ON RECOURSE
THIS DOCUMENT LIMITS AND NARROWS RECOURSE THAT MAY OTHERWISE BE AVAILABLE UNDER LAW IN THE EVENT OF A DISPUTE BETWEEN US. YOU, OF COURSE, HAVE THE OPTION IN YOUR SOLE DISCRETION TO NOT PURCHASE OR USE ANY OF THE MATERIALS, PRODUCTS, SERVICES, TRAINING OR INFORMATION PROVIDED BY PATRICK DAGUE AND THE AFORE NAMED COMPANIES AND PARTIES, AND TO NOT USE OUR WEBSITE, INCLUDING THE OPTION TO NOT PURCHASE OR USE ANY OF THE PRODUCTS OR SERVICES WE OR OUR AFFILIATES, MEMBERS, MANAGERS, PARTNERS AND ASSOCIATES MAY HAVE AVAILABLE FOR USE, OR MAY OFFER AND SELL FROM TIME TO TIME. SHOULD YOU HAVE CONCERNS AFTER REVIEWING THESE DISCLOSURES AND DISCLAIMERS WE RECOMMEND THAT YOU NOT MOVE FORWARD WITH THE PURCHASE OF A PRODUCT OR SERVICE FROM US.
THESE AGREEMENTS APPLY TO BOTH YOU AND TO US
YOU ARE ENCOURAGED TO CAREFULLY CONSIDER ALL OF THE FOREGOING, AND TO CONSIDER THE OTHER DISCLOSURES ON THE WEBSITE BEFORE YOU USE OUR WEBSITE IN ANY FASHION WHATSOEVER, INCLUDING FREE OR PAID TRAINING THAT MAY BE PROVIDED FROM TIME TO TIME, OR IF YOU PURCHASE ANY OF THE PRODUCTS OR SERVICES WE OR OUR AFFILIATES, MEMBERS, MANAGERS, PARTNERS AND ASSOCIATES MAY HAVE AVAILABLE FOR USE, OFFER AND SALE FROM TIME TO TIME. SHOULD YOU PROCEED WITH USING ANY OF OUR FREE OR PAID PRODUCTS OR SERVICES YOU AGREE THAT THIS DOCUMENT, AND EACH CLAUSE HEREIN, SHALL AND DOES APPLY, WITHOUT ANY RESTRICTIONS OR LIMITATIONS OF ANY KIND OR NATURE WHATSOEVER, EXCEPT AS MAY BE STATED HEREIN, AND IT APPLIES TO BOTH TO US AND TO YOU.