© Copyright 2019 Video Warrior Programs Inc.

Video Warrior Programs Inc. products, and services, and websites (the “Websites”) including but not limited to www.thevideowarriors.com , www.videosellingformula.com, www.videosellingbook.com, www.zerotowarrior.net, https://videosellingstarterkit.com, https://videowordsmith.com/, http://contentshockwave.com/,  or www.marcusrideout.com, (the “Services”) are protected by copyright and may be used by users only for their own personal, non-commercial purposes in accordance with these terms and conditions of use (“Terms”).  Any use by any person for commercial purposes (“Commercial Users”)  is subject to the express prior consent of Video Warrior Programs Inc. (“we”, “us” or “our”), and may be subject to additional terms.  All other rights are hereby expressly reserved by us, and any additional uses require our express prior written permission.  

The party using the Services is referred to in these terms as “you” or a “user”.  If you are using the Services on behalf of a third party user such as a company, you personally represent and warrant to us that you have the full right and authority to bind the third party user to these Terms, and that these Terms are binding upon and enforceable against the third party user.

Terms of Use

These Terms govern your use of the Services.  Please read them in their entirety because your purchase or use of the Services other than to review these Terms, signifies your consent to be legally bound by and to comply with these Terms.  If you do not agree with these Terms, you may not access or use the Services. 

At any time without notice or liability, and for any reason whatsoever, we may change, suspend or terminate any aspect of these Terms or the Services.  Please consult these Terms each time that you use the Services.  Any access of the Websites other than to review these Terms or your continued use of the Services for 15 days or more following the posting of changes to this Agreement will mean that you accept and agree to those changes. 

Access and Age Restriction

Users under eighteen (18) years of age are not permitted to purchase any of our products or services or to use the Services.  You are solely responsible for maintaining the confidentiality and security of the information provided to you by our Services – even if you have not authorized it.  You should contact us immediately if you suspect any unauthorized use of the Services.

Privacy

Your use of the Services and our use of certain information about you, including information provided by you to us, are subject to our privacy policy available at https://thevideowarriors.com/privacy-policy/ (“Privacy Policy”), which is hereby incorporated by reference.  Through your use of the Services, you agree to the collection, storage and use of your information in accordance with the Privacy Policy.

Conduct 

You agree that you are responsible for your own conduct.  You agree that you will use the Services only for purposes for which such Service is intended, and in ways that are legal, proper and in accordance with these Terms, accepted protocol, and applicable rules, policies or guidelines.  Without limiting the generality of the foregoing, by using the Services, you agree not to:

  • act in any manner against the law;
  • act in any manner that may be considered objectionable, including but not limited to actions which use, suggest, imply, or utilize obfuscations;
  • impersonate anyone else or act under false pretences;
  • remove any copyright, trademark or other proprietary rights notices from our materials without prior written permission;
  • attempt to discover or disseminate any private information about other users.

We reserve the right, but do not assume the obligation, to refuse to sell the Services to or ban users who violate these Terms from using the Services.  We also reserve the right to reveal users’ identities (or any other information that we may know about users) in the event of a complaint or legal action, including a request by law enforcement authorities.

Access and Interference 

You agree that you will not copy the Services for any dissemination or commercial purposes without our express prior written permission. You agree that you will not use any spiders, robots, other automatic devices, or manual processes to monitor or copy the Services, or the use of the Services by any party, or for any other unauthorized purpose without our express prior written permission. You agree that you will not use any device, software or routine to interfere or to attempt to interfere with the proper working of the Services, or to disrupt our servers or network, nor will you do or cause to be done anything that imposes an unreasonable or disproportionately large load on our infrastructure. 

Rights to Unsolicited Ideas   

If you submit any unsolicited ideas or comments to us regarding the Services, you agree that such ideas and comments (including all rights, title and interest therein) automatically become our property, and you forfeit all rights that you may have in such ideas or comments.

Our Intellectual Property Rights

The Services and other information and materials created or supplied by us, and the selection and arrangement thereof, are owned by us (or our third party licensors) and protected by Canadian and worldwide copyright and other intellectual property laws and treaty provisions.  Subject to your compliance with these Terms, we grant you (i) a limited, personal, non-exclusive, non-transferable license to use the Services for your personal, non-commercial use.  Except as expressly permitted in this Agreement, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, sublicense, communicate, broadcast or otherwise make available the Services or other information and materials obtained through or in connection with the use of the Services.  

Any trademarks and design marks, trade dress, service names, logos and associated designs used in the Services are trademarks and/or registered trademarks of Video Warrior Programs Inc. and/or its affiliates, licensors, or related companies, and may not be used, copied, or imitated, in whole or in part, without our prior written permission.  The use of any trademarks without the express written consent of the owner of the trademark is strictly prohibited.   You will not remove, alter or conceal any trademark or other proprietary rights notices incorporated into or accompanying the Services or any other information or materials.

Indemnity

You agree to defend, indemnify and hold us, our affiliates and licensors and each of our respective officers, partners, directors, employees and agents harmless, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of these Terms, including the Privacy Policy which is incorporated into this Agreement by reference, (b) your access to or use of the Services, or (c) your violation of any other party’s rights including, without limitation, any intellectual property, privacy or proprietary right, or obligation of confidentiality. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. 

DISCLAIMER OF WARRANTIES

THE SERVICES ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND THE SERVICES, INCLUDING BUT NOT LIMITED TO INFORMATION CONTAINED ON MAESSAGE BOARDS, WITHIN TEXT FILES, OR IN CHATS, SHOULD NOT BE RELIED UPON AS A REPLACEMENT OR SUBSTITUTE FOR THE SERVICES OF TRAINED PROFESSIONALS IN ANY FIELD, INCLUDING BUT NOT LIMITED TO PSYCHOLOGICAL, FINANCIAL, ACCOUNTING, MEDICAL, OR LEGAL MATTERS. 

YOU EXPRESSLY UNDERSTAND AND AGREE AS FOLLOWS: 

(A) THE SERVICES ARE PROVIDED TO YOU FOR YOUR PERSONAL USE IN ACCORDANCE WITH THESE TERMS.  YOUR USE OF THE SERVCIES IS AT YOUR SOLE RISK.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY OTHER INFORMATION AND MATERIALS THAT WE MAKE AVAILABLE TO YOU IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO EARN MONETARY AMOUNTS OR PROFITS BOTH NOW AND IN THE FURTURE, ABILITY TO OBTAIN PARTICULAR RESULTS BOTH NOW AND IN THE FURTURE, AND NON-INFRINGEMENT. 

(B) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT (I) THE SERVICES OR ANY OTHER MATERIALS WILL MEET YOUR EXPECTATIONS OR SATISFY YOUR REQUIREMENTS, (II) THE USE OF THE SERVICES OR OTHER MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR OTHER MATERIALS WILL BE COMPLETE, ACCURATE, RELIABLE OR USEFUL, (IV) THE QUALITY OF ANY LISTINGS, PRODUCTS, SERVICES, PROGRAMS, INFORMATION, OR OTHER MATERIAL ACCESSED BY YOU THROUGH YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICES OR OTHER MATERIALS WILL BE CORRECTED. 

(C) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, THROUGH YOUR USE OF THE SERVICES OR THROUGH OR FROM ANY WEBSITE OR SERVICE ACCESIBLE OR REFERRED TO BY OUR SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 

(D) IF YOU ARE DISSATISFIED WITH THE SERVICES, OR WITH ANY RESULTS OBTAINED THROUGH THE USE OF THE SERVICES, YOUR ONLY REMEDY IS TO DISCONTINUE USE OF THE SERVICES EXCEPT FOR ANY EXPRESS AGREEMENT BETWEEN US AND YOU RELATING TO A “30-DAY MONEY BACK GAURANTEE” FOR A PARTICULAR PRODUCT OR SERVICE PROVIDED BY THE SERVICES AND PURCHASHED BY YOU.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, OUR AFFILIEATES AND LICENSORS AND EACH OF OUR RESPECTIVE OFFICERS, PARTNERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY MATERIALS, SERVICES OR INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES; (II) THE SUSPENSION OR TERMINATION OF ACCESS TO THE SERVICES; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SERVICES; OR (VI) ANY OTHER MATTER RELATING TO YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES. 

YOU EXPRESSLY ACKNOWLEDGE THAT WE HAVE ENTERED INTO THIS AGREEMENT WITH YOU, AND HAVE AND WILL MAKE THE SERVICES AVAILABLE TO YOU IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US.  YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THESE TERMS WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY OR TERMINATION OF THE AGREEMENT BETWEEN  YOU AND US. 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

30-Day Money Back Guarantee

Any express agreement between us and you relating to a “30-day money back guarantee” for a particular product or service provided by the Services and purchased by you shall be for the price of the product or service only and does not include shipping and handling fees, duties, customs, or other similar costs incurred by us. In order to receive a “30-day money back guarantee” refund, you must return the particular product or service provided by the Services and purchased by you within 30 days from the date of the original purchase of that product or service. All returns will be mailed by prepaid registered post or delivered in person to PO Box 334, St. Albert, Albert, Canada T8N 1N3 or such other address as we may specify in writing to you and any such return will be deemed to have been received by us if mailed, on the 5th business day following the mailing thereof, or if delivered in person, on delivery; but if at the time of mailing or between the time of mailing and the 5th business day thereafter there is a strike, lockout, or other labour disturbance affecting postal service, then the return will not be effectively given until actually delivered.

Termination

You may terminate your use of the Services at any time, for any reason or for no reason, by no longer using the Services.

In addition to any other termination rights that we may have, we reserve the right to modify, suspend, discontinue or terminate the Services or any party’s ability to use the Services at any time, and for any reason (or no reason), including any breach by you of these Terms.

Upon termination, you will have no further right to use the Services, and any rights and licenses granted to you under these Terms shall terminate.  Termination of your use of the Services will not relieve you of any obligations regarding the use and protection of intellectual property or confidential information, ownership, or indemnification nor will it relieve you of any liability for any breach of these Terms. 

Third Party Code and Intellectual Property

We may from time to time make use of open source or third-party code that may be incorporated in the Services, such open source code is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. With respect to any name used or description provided of any operating system platform, product, or application store, our use of said trade or service marks or other intellectual property is provided for descriptive purposes only and is not intended to indicate or claim any ownership rights in said property.

Governing Law/Jurisdictional Issues

These Terms will be interpreted, construed and governed by the laws in force in the Province of British Columbia, and the federal laws of Canada applicable therein, without reference to its conflict of laws principles. Each party hereby agrees to submit to the exclusive jurisdiction of the courts of the Province of British Columbia sitting at Kelowna, and to waive any objections based upon venue.   The application of the UN Convention on Contractors for the International Sale of Goods (the “Vienna Convention”) is hereby expressly excluded.

International Users

The Services originate, and are owned by parties based Canada. The Services are offered only in jurisdictions where it may be legally offered, and is offered only to persons to whom it is lawful to make a solicitation. You agree to comply with all applicable laws, rules and regulations governing your use of the Services, including laws regulating the import or export of data to or from Canada and your country of residence.

Miscellaneous

These Terms contain the entire agreement between you and us, and govern your use of the Services.  The legal agreement created by your acceptance of these Terms is personal, and cannot be transferred or assigned by you.  We may assign this agreement and/or any of our rights or obligations under these Terms at any time.

Our failure to exercise or enforce any right or remedy under these Terms shall not constitute a waiver of such right or remedy.

No use of the Services shall create or be deemed to create any partnership, joint venture, agency, franchise or other business relationship, even if your use is for a commercial purpose which has been authorized by us. You and Video Warrior Programs Inc. shall, at all times, be and remain independent contractors. 

The provisions of these Terms are severable. If any individual term or condition is held to be invalid, unenforceable or contrary to applicable law, such provision shall be construed, limited, altered or deleted, as necessary, to eliminate the invalidity, unenforceability or conflict with applicable law while endeavoring to preserve the intention of the provision, and all other terms and conditions shall remain in full force and effect.

You agree that these Terms, and all correspondence and documentation relating to these Terms and your use of the Services, shall be written in the English language.   Vous acceptez que ces terms d’usage, ainsi que toute la correspondence et la documentation relative à ces termes d’usage, soient rédigées en langue anglaise.

If you wish to contact us with any questions, comments or concerns regarding these Terms or the Services, please contact us at support@thevideowarriors.com