The following Terms and Conditions govern the agreement (“Agreement”) between You (the attendee of EPIC EXECUTION CHALLENGE (the “Challenge”)) and I Do Epic Group LLC, and its affiliates, sub-contractors, employees, agents, owners, or assigns (“I Do Epic”), attached hereto and entered into effective as of the date of Your email exchange for the Challenge (“Effective Date”). You and I Do Epic are each referred to as a “Party” and collectively as the “Parties.”
1. NO INCOME CLAIMS. You agree that neither I Do Epic, nor its representatives, has made any promise, guarantee, or other representation with respect to Your future income or gains resulting from the provision of the Offer, and that You have not been induced to enter the Agreement as a result of any income claims.
2. TERM. The Agreement shall remain in effect indefinitely from the Effective Date, and You understand and agree that You shall have no right to receive any services following expiration of the Agreement. Any extension or expansion of the Offer may require you to make additional payments.
3. INTELLECTUAL PROPERTY. I Do Epic retains all right, title and interest in any and all intellectual property related to or associated with the Offer and its services, including without limitation:
(a) trademarks and copyrights; and
(b) any other proprietary right arising under the laws of the United States. You understand and agree that neither the Agreement nor the services under the Challenge by I Do Epic shall constitute a transfer, assignment, or license of any intellectual property rights from or by I Do Epic. You acknowledge that the content of the Challenge services, including without limitation the materials and information provided to you as education, is confidential and proprietary to I Do Epic; accordingly, You agree that You shall not communicate the teachings, materials, or information acquired or learned from I Do Epic to any other person.
4. INDEMNITY. You agree to protect, defend, indemnify and hold harmless I Do Epic, its officers, directors, employees or their invitees, from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your receipt of services or actions taken in response thereto. Your indemnity obligation includes, but is not limited to, any claim for personal injury sustained while traveling to or attending any seminar or other in-person training provided by I Do Epic to You.
5. LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL I DO EPIC'S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT PAID BY YOU TO I DO EPIC IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO ANY CLAIM BY YOU. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
6. FORCE MAJEURE. Except for the duty to make payments hereunder when due, and the indemnification provisions under this Agreement, neither Party shall be responsible to the other for any delay, damage, or failure caused by or occasioned by any act of God, act of nature or the elements, terrorism, insurrection, or any other causes (except financial) beyond the control of either Party.
7. MODIFICATIONS TO THE CHALLENGE SERVICES. I Do Epic reserves the right to change, cancel, or terminate the Epic Execution Challenge at any point in time, without notice to You. I Do Epic is hereby expressly permitted to make videos and other educational content unavailable at any time without notice to You. Furthermore, I Do Epic may revoke Your access to the Challenge for any breach of this Agreement, any breach of the I Do Epic Terms of Service, or for such other reason as I Do Epic determines in its absolute and sole discretion.
8. NO AGENCY. You are not permitted to hold yourself out to any person or entity as a representative, agent, employee, partner, or otherwise of I Do Epic (or Epic Execution Challenge).
9. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against I Do Epic shall be resolved exclusively in final and binding arbitration before a single arbitrator selected by I Do Epic within a reasonable time of You giving notice of arbitration to I Do Epic. Arbitration shall be held in Jefferson County, Idaho. You agree not to file suit in any court against I Do Epic, any of its affiliates, subsidiaries, officers, directors, or employees. The arbitration will be subject to the rules of the American Arbitration Association and the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”). The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The decision of the Arbitrator will be final and binding on the Parties, subject to appeal only under the FAA, and may be reduced to a judgment in any court of competent jurisdiction. You agree that each Party shall bear its own costs and attorneys’ fees in any arbitration or litigation, regardless of which Party, if either of them, is deemed the prevailing party. Any claim must be brought in arbitration within one (1) year of the claim arising or forever be barred. This agreement to arbitrate survives any termination or expiration of the Agreement as well as bankruptcy or insolvency of either Party. Nothing in these Terms and Conditions prevents I Do Epic from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect I Do Epic’s interest prior to, during, or following the filing of any arbitration or other proceeding.
10. WAIVER OF CLASS ACTION. 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, or I Do Epic. Claims brought against I Do Epic may not be joined or consolidated with claims brought by anyone else.
11. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the state of Idaho without regard to any choice of law provisions.
12. SEVERANCE. In the event any provision of the Agreement or these Terms and Conditions is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and these Terms and Conditions, as so modified, shall continue in full force and effect.
13. NO ASSIGNMENT. The Agreement cannot be assigned by You to another party without the express written consent of I Do Epic. I Do Epic may freely assign this Agreement.
14. OTHER TERMS. This Agreement includes the terms and conditions set forth on www.idoepic.com. In the event of conflicting terms, this Agreement shall govern.
