2. Use License
- Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the School’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.
The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.
8. Governing Law
Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.
The War Room REI Mastermind Group
The Below Terms and Conditions Apply to All War Room Mastermind Members, and by Joining the Mastermind You are Hereby Agreeing to Everything Following this Paragraph:
FMTM LLC (the “Contractor”) operates The War Room Mastermind service, which we hope you (the “Client”) use. If you use it, please use it responsibly. If you don’t, we’ll have to terminate your account.
This is a paid-for service; you’ll be charged on a monthly basis once you’ve submitted this application and have been approved by the Contractor.
The Terms of Service (the “Terms”), The War Room Mastermind Group (as defined herein), and our prices can change at any time. We’ll warn you 30 days in advance of any price changes, and your original price will be locked in for the one-year. We’ll try to warn you about major changes to the Terms or The War Room Mastermind, but we make no guarantees.
That’s the basic idea, but you must read through the entire below and agree with all the details before you use any of our sites or participate in the Mastermind (whether or not You have created an account).
Your Agreement With The War Room Mastermind
Your use of The War Room Mastermind is governed by these Terms. The “Service” means the services The War Room Mastermind includes our websites, our blog, our services, and any other software, sites, and services offered by The War Room Mastermind in connection to any of those.
In order to use and participate in the Service, You must first agree to the Terms. You understand and agree that FMTM LLC will treat Your use of the Service as acceptance of the Terms from that point onwards.
FMTM LLC may make changes to the Terms from time to time. You may reject the changes by terminating Your account. You understand and agree that if You use and participate in the Service after the date on which the Terms have changed, David Pere will treat Your use as acceptance of the updated Terms.
If you have any question about the Terms, please contact us at [email protected]
Background A. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
B. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:
Services Provided 1. The Client hereby agrees to engage the Contractor to provide the Client with services (the "Services") consisting of:
The Contractor will provide the Client with performance group education seminars. This will include one 60 minute group phone call/webinar each month with other members, to which the client agrees to maintain absolute flexibility, and will allow the Contractor to reschedule at his discretion.
The Contractor will establish and coordinate small Mastermind Groups. The Client will be assigned to a small Mastermind Group, based on the answers provided in the application. This will include one 60 minute group video conference each week for the group.
The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
Term of Agreement 2. The term of this Agreement (the "Term") will begin on the date the client is first charged and will remain in full force and effect, subject to earlier termination as provided in this Agreement.
3. In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
Performance 4. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
5. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in US Dollars.
Compensation 6. For the services rendered by the Contractor as required by this Agreement, the Client will provide compensation (the "Compensation") to the Contractor at the rate given on this application.
7. The Compensation will be payable on a monthly basis, while this Agreement is in force.
Ownership of Materials and Intellectual Property 8. All intellectual property and related materials (the "Intellectual Property") including any related work in progress that is developed or produced under this Agreement, will be the property of the Contractor. The Client is granted a non-exclusive limited-use license of this Intellectual Property.
9. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Contractor.
Return of Property 10. Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
Capacity/Independent Contractor 11. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
Notice 12. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows: a. The Client (stated above) b. [email protected] or to such other address as any Party may from time to time notify the other.
Indemnification 13. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages,
liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
Additional Clauses 14. The client agrees to allow David Pere to reschedule the monthly phone calls, as well as adjust the length of the phone call, at his own discretion.
15. The client gives the Contractor permission to record any interactions, including text messages, emails, phone calls, and video calls, to use for purposes that the Contractor, sees fit.
16. The "term" referenced in clause #2, is set indefinitely from the signing of this agreement, contingent on that: 1. no notice of early termination is given.
17. For all purchased resources and services, the client’s credit card will be charged every month, unless the client submits a termination request.
18. David Pere has exclusive rights to terminate this agreement at any given time, provided he gives the client 5 day written or electronic notice.
19. The Contractor is simply an educator that advises the client, based on his own past experience. The client agrees that the Contractor is not responsible for: motivating the client in any way or the success or failure of the client.
Legal Expenses 20. In the event that legal action is brought to enforce or interpret any term of this Agreement, the prevailing Party will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action.
21. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
Time of the Essence 22. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
Assignment 23. The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
Entire Agreement 24. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
Ensurement 25. This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, successors and permitted assigns.
Titles/Headings 26. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
Gender 27. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
Governing Law 28. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of Texas and Missouri, without regard to the jurisdiction in which any action or special proceeding may be instituted.
Severability 29. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement. Waiver
30. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
** By signing this application, I understand that I have a monthly monetary obligation for
a membership to The War Room Mastermind Group. I will not be admitted to the group
until 1st month’s membership is paid in full. I can terminate this membership with written
notice at any time.
The War Room Mastermind Membership is $100.00 per month.