IMPORTANT-PLEASE READ THESE TERMS OF USE ("TOU") BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS THE SITE. BY ACCESSING THIS SITE YOU AGREE TO ALL OF THE FOLLOWING:
DESCRIPTION OF PRODUCTS AND SERVICES
Loral Langemeier provides its clients with access to a variety of products and services, including without limitation any Loral Langemeier training materials, newsletters (available in multiple delivery options), Personal Mentoring/Coaching, and access to this Internet Site (all of which are referred to herein collectively as the "Products and Services").
D/B/A NAME REGISTRATIONS, SUBSIDIARIES AND AFFILIATES
Premier Mentoring , Inc. is a Utah-based corporation that conducts business as Premier Mentoring, Inc. ("Premier Mentoring"), and Loral Langemeier ("Loral Langemeier"). Reference to one is intended as a reference to all. These TOU are intended to apply to all Products and Services provided to you by Premier Mentoring and/or any of its d/b/a entities, and/or its subsidiaries and/or affiliates.
ACCEPTANCE OF TERMS
All of the Products and Services provided to you by Loral Langemeier via this Internet Site are provided subject to the following terms. Additionally, you further understand and agree that where there is no conflict with other written agreements, all of the Products and Services provided by Loral Langemeier, including any updates, enhancements, new features, and/or the addition of any new information, whether provided via this Internet Site or via other medium, are also subject to these TOU.
BY USING THIS SITE AND BY PURCHASING ANY LORAL LANGEMEIER PRODUCTS AND SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. Loral Langemeier reserves the right to update these TOU without prior notice to you. The most current version of the TOU can be reviewed by clicking on the "Term of Use" hypertext link located at the bottom of our Web pages.
PAYMENT
Subject to your payment as outlined in your Coaching Agreement, you have engaged Loral Langemeier or designee to provide the described Services, and Loral Langemeier or designee have agreed to provide such Services. Loral Langemeier will not be under any obligation to provide or continue providing any such Services if you should fail to pay for such Services or should you deviate from any agreed upon payment terms. Loral Langemeier reserves the right to terminate or suspend Services for non-payment or for default in payment terms.
DUTIES OF LORAL LANGEMEIER
You acknowledge that certain Services are provided and fulfilled by Loral Langemeier whereas other Services are provided and fulfilled by Premier Mentoring. Accordingly, you specifically agree to hold the non-providing party harmless from liability or damages associated with a particular Service provided by the other party.
REFUND POLICY
You have three days within which to rescind or cancel your purchase of the Products and Services. You do have the right to cancel your purchase up to midnight of the third business day after the date of your original purchase/payment. For purposes of this policy, business days are defined to include all calendar days except Sundays and federal holidays. If you choose to cancel your purchase within the time allowed you should contact a customer service representative (or leave a voice mail) at (866)427-3034. Refunds may require a return of all physical materials and may take up to one week to process.
LORAL LANGEMEIER'S SERVICE OBLIGATION
Once you have paid for any of the Products and Services, you are expected to participate in and/or use such Products and Services within one (1) year from the date of your purchase. Although exceptions may be approved in Loral Langemeier's sole discretion, Loral Langemeier shall be under no obligation to provide you any of its Products and Services after one (1) year from the date of your payment for such Products and Services.
TUITION REIMBURSEMENT PROGRAM
Loral Langemeier’s Tuition Reimbursement Program is offered to you as an incentive to help you become successful and to share your success story with Loral Langemeier for our marketing promotions. Tuition reimbursement is offered in two increments: 1) 50% reimbursement, or 2) 100% reimbursement. You only qualify for one of these two tuition reimbursement amounts if you meet the requirements as outlined below.
50% Reimbursement
In order to qualify for a 50% reimbursement of your tuition costs, you must meet ALL of the following requirements:
- You have earned $50,000 in documented and verifiable “New Revenue” from a business over the period of one year starting today;
- You earned this $50,000 from a minimum of 5 transactions (“Minimum Transaction” requirement);
- Your Net Worth remains equal or increases during the one year period starting today;
- You submit to Loral Langemeier evidence and documentation of your Net Worth, New Revenue and Minimum Transactions; and
- You agree to share your success story with Loral Langemeier for promotional purposes via audio, video, written or any other format.
100% Reimbursement
In order to qualify for a 100% reimbursement of your tuition costs, you must meet ALL of the following requirements:
- You have earned $100,000 in documented and verifiable “New Revenue” from a business over the period of one year starting today;
- You earned this $100,000 from a minimum of 10 transactions (“Minimum Transaction” requirement);
- Your Net Worth increases by at least $50,0000 during the one year period starting today;
- You submit to Loral Langemeier evidence and documentation of your Net Worth, New Revenue and Minimum Transactions; and
- You agree to share your success story with Loral Langemeier for promotional purposes via audio, video, written or any other format.
DEFINITIONS
New Revenue means that you provide evidence of an increase in business revenue using prior and current year financial statements, tax returns, bank statements, deposits, 1099s, and other documentation as required by Loral Langemeier coaching staff. Any revenue earned from a “related party” as defined by Section 267 of the Internal Revenue Code (including the Attribution rules pertaining to that Section) is disqualified and does not count towards the New Revenue requirement.
Minimum Transactions means that the New Revenue requirement must be from separate and distinct transactions evidencing successful application of the principals taught rather than a one-time deal or transaction.
Net Worth must be documented both at the beginning of the one-year period and at the time of submission for a tuition reimbursement using the same or similar documentation used to verify New Revenue.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
The Products and Services are offered and provided solely for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, goods or services obtained from the Services. As a condition of your use of the Products and Services, you will not use the Products and Services for any purpose that is unlawful or prohibited by these TOU.
NO LICENSE
All information produced on our Internet Site or through the Products and Services is the property of Loral Langemeier or its content suppliers and is protected by United States copyright law. Nothing on this Internet Site or in the Products and Services shall be construed as conferring any license of any of Loral Langemeier's or any third party's intellectual property rights.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If you receive a password and account designation with regard to this Internet Site, you agree to be solely responsible for maintaining the confidentiality of your password and account, and further agree that you are fully responsible for all activities that occur under your password or account. You agree to immediately notify Loral Langemeier of any unauthorized use of your password or account or any other breach of security.
CREDIT CARD AND SITE FEES
As a condition to your access to some or all of the Products and Services, you must provide Loral Langemeier with a valid credit card and/or debt card number. Any such card must belong to you and must have sufficient credit or funds to pay the fees associated with your purchase(s) of the Products and Services. Your card will be automatically debited for all fees associated with the Products and Services provided. In the event you cancel the card provided to Loral Langemeier, you must immediately provide Loral Langemeier with a new card number to continue access to the Products and Services. You authorize Loral Langemeier to make charges to your card based on your purchase(s) of the Products and Services.
You agree to pay for all fees incurred in connection with your use of the Services, including Internet connection, ISP, and long distance charges. In addition, Loral Langemeier may charge additional fees to access to some or all of its Internet Site. Loral Langemeier may change its Internet Site fees or add new fees by providing you with advanced notice, which may be provided via this Internet Site.
DISCLAIMER OF WARRANTIES AND LIABILITY/NO REPRESENTATIONS OR GUARANTEES
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS INTERNET SITE AND THE PRODUCTS AND SERVICES OFFERED BY LORAL LANGEMEIER (WHETHER PROVIDED VIA THIS SITE OR ANOTHER MEDIUM SUCH AS NEWSLETTERS) IS AT YOUR OWN SOLE RISK, ALL SUCH PRODUCTS AND SERVICES BEING PROVIDED TO YOU WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LORAL LANGEMEIER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. LORAL LANGEMEIER MAKES NO WARRANTIES OR GUARANTEES OR REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY OF THE PRODUCTS AND SERVICES OFFERED BY LORAL LANGEMEIER. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, BUT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT THE MAXIMUM LIABILITY OF LORAL LANGEMEIER, ITS AFFILIATED AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE VENDORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, AND ANY PERSON INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE PRODUCTS AND SERVICES SHALL BE FOR THE PURCHASE PRICE YOU PAID FOR SUCH PRODUCTS AND SERVICES AND NO MORE. ACCORDINGLY, YOU EXPRESSLY AGREE THAT LORAL LANGEMEIER, ITS AFFILIATED AND SUBSIDIARY COMPANIES, AND THEIR RESPECTIVE VENDORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, AND ANY PERSON INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE PRODUCTS AND SERVICES SHALL NOT BE LIABLE FOR ANY CLAIMS, LIABILITY, OR DIRECT, INDIRECT, PUNITIVE, ACTUAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES RESULTING FROM YOUR PURCHASE AND/OR USE OF ANY PRODUCTS AND SERVICES WHICH EXCEEDS THE PURCHASE PRICE YOU PAID FOR THE PRODUCTS AND SERVICES.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE LIMITATION WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. HOWEVER, YOU AGREE THAT THE LIMITATIONS OF LIABILITY AS SET FORTH ABOVE SHALL APPLY EITHER AS SET FORTH ABOVE OR TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IF APPLICABLE LAW REQUIRES THAT A WARRANTY MUST SURVIVE, THEN YOU AGREE THAT ANY SUCH WARRANTY SHALL SURVIVE FOR THE ONE DAY ONLY-BEING THE FIRST DAY YOU HAD ACCESS TO THE PRODUCTS AND SERVICES.
NEWSLETTER AND INTERNET SITE SPECIFIC DISCLAIMER
You understand and agree that the information provided through this Internet Site and any newsletters (which are part and parcel to the reference of Products and Services) may have been obtained from various content providers and sources all believed to be reliable. You understand and acknowledge that the accuracy, completeness, timeliness or correct sequencing of the information contained in the newsletters or on this Internet Site is not guaranteed by Loral Langemeier, is not intended to address the specific investment situation, and may not be appropriate for your individual situation.
You further understand that the information provided through this Internet Site and/or any newsletters may not be reproduced, retransmitted, disseminated, sold, distributed, published, broadcasted, circulated or commercially exploited by you in any manner without the express written consent of Loral Langemeier.
All information provided in the newsletters and on this Internet Site is intended for information purposes only and is not a solicitation or an offer to buy or sell securities. Because investing and trading in the financial markets involves risk, Loral Langemeier recommends that you do your own research and consult with a registered financial advisor before making any investment decisions.
WITHOUT IN ANY WAY LIMITING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE, AND AS AN ADDITIONAL RESTATEMENT THEREOF WITH RESPECT TO THE NEWSLETTERS AND THIS INTERNET SITE, NEITHER LORAL LANGEMEIER NOR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR CORRECT SEQUENCING OF THE INFORMATION IN THE NEWSLETTER OR THIS INTERNET SITE OR FOR ANY DECISION MADE OR ANY ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION CONTAINED THEREIN.
NEITHER LORAL LANGEMEIER NOR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY LOSSES, COSTS, OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATE OR OTHER INTAGIBLE DAMAGES OR LOSSES ARISING FROM OR RELATING TO YOUR SUBSCRIPTION TO THIS INTERNET SITE OR THE NEWLSETTERS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, BUT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LINKS TO THIRD PARTY SITES
This Internet Site may provide links to third-party sites or resources. Because Loral Langemeier has no control over such sites and resources, you acknowledge and agree that Loral Langemeier is not responsible for the availability of such linked sites and is not responsible or liable for any content, advertising, products, services or other materials on or available from such linked sites. Providing these links to you is intended as a convenience, and the inclusion of any link does not imply endorsement by Loral Langemeier of the site or the products, services or other materials available thereon.
TERMINATON OF INTERNET SERVICES
You agree that Loral Langemeier, in its sole discretion, may terminate or restrict your use or access to this Internet Site (or any part thereof) for any reason, including, without limitation: a) that Loral Langemeier believes you have violated or acted inconsistently with the letter or spirit of these TOU; b) your failure to pay fees associated with the Services; c) discontinuance of or modification to the Services (or any part thereof), or d) technical or security problems or issues.
INDEMNIFICATION
You agree to hold harmless Loral Langemeier and its directors, officers, employees and agents from any and all claims, losses, liabilities, costs and expenses (including attorneys' fees) arising out of or related to you violation of these TOU or any third party's rights, including without limitation, copyright, proprietary, and privacy rights which may arise as a result of your use of this Internet Site or any of the Products and Services provided by Loral Langemeier.
RIGHT TO USE
You agree to allow Loral Langemeier, and any of its affiliates, subsidiaries, agents, representatives, publishers, distributors, advertisers, licenses, successors and assigns the right to use your name, images, profiles, trading history, and recorded statements in promoting, exhibiting, advertising, marketing and publicizing Loral Langemeier or any of the Products and Services provided by Loral Langemeier. You may contact Loral Langemeier in order to request that your name, images, profiles, trading history and recorded statements not be used in any way or only in limited ways. To do so, contact customer service at (866) 427-3034.
GENERAL PROVISIONS
You acknowledge that before being granted access to this Internet Site, you may have completed an oral agreement process ("Oral Compliance") whereby representatives of Loral Langemeier orally confirmed your desire to purchase some or all of the Products and Services provided by Loral Langemeier. You have also digitally signed a written "Coaching Agreement" ("Coaching Agreement"). You agree that these TOU, together with any Oral Compliance and the digitally signed Coaching Agreement constitute the entire agreement between you and Loral Langemeier and that these agreements govern your relationship with Loral Langemeier as well as govern your use of this Internet Site. You further agree that the Oral Compliance, Coaching Agreement, and these TOU supercede any and all other agreements between you and Loral Langemeier.
If any provision of these TOU is held to be invalid or unenforceable, then such invalidity shall not affect the enforceability of any other provision of the TOU, the Oral Compliance, or the Coaching Agreement.
The failure of Loral Langemeier to exercise or enforce any right or provision of the TOU, Oral Compliance or Coaching Agreement shall not constitute a waiver of such right or provision.
By accessing the Site and by using the Products and Services provided by Loral Langemeier, you agree that all of the rights, obligations, and duties arising from the Products and Services or this Internet Site shall be governed and construed in accordance with the laws of the State of Utah, without regard to its conflicts of laws principles. Any controversy or dispute arising out of your use of the Internet Site, or any of the Products and Services provided by Loral Langemeier shall be resolved, and if necessary, litigation exclusively in the state or federal courts located in Salt Lake County, Utah.
You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of this Internet Site or your use of any of the Products and Services provided by Loral Langemeier must be filed within one (1) year after such claim or cause of action arose or be forever barred.
In the event Loral Langemeier brings any action against you for violation of these TOU, the Oral Compliance or the Coaching Agreement, or to collect any unpaid fees from you, you agree that in addition to all other remedies and damages that may be awarded, Loral Langemeier shall also be awarded reimbursement of its costs and fees (including but not limited to reasonable attorneys' fees) incurred in such action.
OWNERSHIP; RIGHTS; PROPRIETARY INFORMATION; PUBLICITY
Loral Langemeier or designee shall own all right, title and interest (including patent rights, copyrights, trade secret rights, trademark rights and all other rights throughout the world) relating to any and all works of authorship, designs, know-how, ideas, course materials, and information made or conceived or reduced to practice, in whole or in part, by Loral Langemeier or designee in connection with the contemplated Services or any “Proprietary Information” (as that term is used and defined below).
You agree that all course and coaching materials provided by Loral Langemeier or designee as part of the Services constitute the “Proprietary Information” of Loral Langemeier. Accordingly, you agree to hold in confidence and not disclose or copy any Proprietary Information, except with the prior written consent of Loral Langemeier.
INDEMNIFICATION, DEFENSE AND HOLD HARMLESS
You understand that Loral Langemeier is in the business of, among other things, coaching and mentoring in the areas of wealth planning and improvement. Loral Langemeier does not provide any financial advice, personal consulting or guarantees. You understand that you are solely responsible for your own decisions and actions. Accordingly, you agree to indemnify, defend and hold Loral Langemeier and Premier Mentoring and their respective directors, instructors, officers, owners, agents, affiliates, licensors, licensees, employees, and coaches from and against any and all liability and costs, including without limitation, reasonable attorney fees, incurred by either party in connection with any claim arising from your personal use and implementation of the Services provided by Loral Langemeier or designee. This includes consequential damages or any damages resulting from alleged negligence by Loral Langemeier or designee.
RELATIONSHIP OF THE PARTIES
Notwithstanding any provision hereof, for all purposes of this Agreement and at all times contemplated hereby, each party shall be and act as an independent contractor and not as a partner, joint venturer, or agent of the other and shall not bind nor attempt to bind the other to any contract.
ASSIGNMENT
This Agreement may not be transferred or assigned by any party without the prior written consent of all other parties.
ARBITRATION
Any dispute or claim arising from this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively (except as provided below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One arbitrator shall be selected using AAA procedures. The arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days after the hearing. The arbitrator will not award punitive, incidental, consequential, treble or other multiple or exemplary damages, such being expressly waived by all parties to the fullest extent allowed by law. However, the successful party in any such arbitration shall be entitled to reimbursement of all costs of the arbitration (excluding travel) including but not limited to attorney fees.
Unless otherwise agreed by all parties involved, any arbitration involving Wealth Foundation shall take place in Salt Lake County, Utah. Unless otherwise agreed by all parties involved, any arbitration involving LOL shall take place in Washoe County, Nevada. All parties hereby give their irrevocable consent to the jurisdiction of the courts of or in the States of Utah and Nevada, as well as processes of the AAA in Utah and/or Nevada. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as the basis of judgment and available collection remedies.
MISCELLANEOUS
The terms of this Agreement, and those incorporated by reference, may not be changed and/or modified unless made effective in writing and signed by all parties. In the event any provision of this Agreement shall be determined to be illegal or unenforceable, that provision or particular section of a provision will be eliminated or limited to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience and reference and shall in no way affect the interpretation of this Agreement.
The section titles above are for convenience only and have no legal or contractual effect.
