THESE TERMS AND CONDITIONS GOVERN YOUR SUBSCRIPTION TO AND USE OF THE OMNI PLATFORM. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS, CREATING AN ACCOUNT OR ACCESSING OR USING ANY THE OMNI PLATFORM, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH CARDONE TRAINING TECHNOLOGIES, INC., (3) THE INFORMATION YOU PROVIDED IN CONNECTION WITH YOUR REGISTRATION FOR THE OMNI PLATFORM IS TRUE, ACCURATE AND COMPLETE, AND (4) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE BUSINESS ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT BUSINESS ENTITY TO THE AGREEMENT.
ONCE ACCEPTED, THESE TERMS AND CONDITIONS BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND CARDONE TRAINING TECHNOLOGIES, INC. AND ITS RESPECTIVE OFFICERS, DIRECTORS, BUSINESS AFFILIATES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS “CTTI” “WE” OR “US”) AND WILL GOVERN YOUR ACCESS TO AND USE OF THE OMNI PLATFORM AND ALL OTHER INTERACTIONS WITH CTTI RELATED TO THE OMNI PLATFORM.
CTTI reserves the right to make changes to these Terms and Conditions at any time. All changes are effective immediately when posted. Your continued use of the Omni Platform following the posting of any revised Terms and Conditions constitutes your acceptance and agreement to the updated Terms and Conditions.
NO GUARANTEE OF RESULTS. We do not guarantee results and make no promise that your business will be profitable and that you will make money using the Omni Platform. If you use the Omni Platform, you do so at your own risk and are solely responsible for any decisions and actions that result from your decision to use this Platform. You agree to take full responsibility for any results you may or may not receive from use of the Omni Platform.
Entire Agreement. These Terms and Conditions constitute the sole and entire understanding of the parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.
Fees and Auto-Renewal. You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 10 days of the change. Your use of the Omni Platform is subject to the timely payment of your Fee. Fee rates may change from time to time. Fees for the Omni Platform will be billed in advance on a monthly or annual basis, depending on your subscription plan. We will automatically charge the card on file when your Fees become due.
Notices. All notices to a party shall be in writing and shall be made via email. Notices to CTTI must be sent to support@grantcardoneteam.com. If we need to provide notice to you, we will do so in writing via email to the email address you have designated. You agree to allow us to submit notices to you at any time of the day or night either through the email address you provided or to any email address we have on record. Notices are effective upon receipt. It is your responsibility to keep all email addresses associated with your account current and accurate. Please note that communications made to CTTI through our general support messaging system or support system will not constitute legal notice where notice is required.
Limitation of Liability and Damages: WE ARE NOT RESPONSIBLE FOR ANY DAMAGES EXCEPT FOR DIRECT COMPENSATORY DAMAGES. WE WILL NEVER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS OR REPUTATION, OR DAMAGES BASED ON ANY KIND OF MULTIPLE. OUR TOTAL AGGREGATE LIABILITY HEREUNDER TO YOU SHALL NEVER EXCEED THE AMOUNT PAID FOR THE SERVICE. THESE LIMITATIONS OF LIABILITY AND DAMAGES SHALL APPLY REGARDLESS OF YOUR REMEDIES’ FAILURE OF THEIR ESSENTIAL PURPOSE.
Indemnification: You agree to defend, indemnify, and hold CTTI harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with your use of the Omni Platform, including, but not limited to: (a) your use of or reliance on information or data supplied or to be supplied to you, your employees, agents, or customers; (b) any breach of or default under these Terms by you, your employees, agents, or customers; (c) the wrongful use or possession of the Omni Platform by you, your employees, agents, or customers; (d) any negligence, gross negligence or willful misconduct by you or your employees, agents, or customers; (e) misrepresentations by you, your employees, agents, or customers (f) violation(s) of applicable law by you, your employees, agents, or customers, (g) your actions and the actions of your employees, agents, or customers; (h) Taxes and other Fees and/or (i) any disputes between (1) you and other users (2) you and your client(s) and/or (3) you and your customers.
Class Action Waiver: To the greatest extent permitted by applicable law, you agree that you cannot bring a Dispute as a plaintiff or class member in a class action, consolidated action, or representative action.
Waiver And Severability: No waiver by CTTI of a term or condition set forth in these Terms and Conditions shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of CTTI to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect. You further agree to replace such void or unenforceable provisions of the Terms and Conditions with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision.
Governing Law: These Terms and Conditions, and any dispute, claim, or controversy (whether in contract, tort, or statute) arising out of or, related to, these Terms and Conditions, Omni Platform, any transactions contemplated hereunder, or the relationship of the Parties with respect to the subject matter of the Omni Platform, or arising between or among any of the Parties respective parent, subsidiary, or affiliated companies, and each of their owners, managers, directors, officers, employees, and agents (collectively, “Disputes”) shall be governed by and construed in accordance with the laws of the state of Florida, without regard to any conflicts of laws and principles.YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THESE TERMS OF SERVICE TO THE FULLEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Dispute Resolution: Any dispute, question or difference arising between you and CTTI, its officers, directors, employees or any affiliate in connection with the Omni Platform or otherwise in regard to the relationship of the parties by virtue of these Terms, including the construction and scope of these Terms, that cannot be amicably resolved, shall be finally settled in accordance with Commercial Arbitration rules and regulations of the American Arbitration Association (“Association”) then in effect by one or more arbitrators mutually selected by the parties from the commercial panel of the Association. The arbitrator(s) to be appointed shall be English speaking persons. The arbitrator(s) shall have the power to extend time for pronouncing the award with the consent of the parties. Judgment upon an arbitration may be entered in any court having competent jurisdiction thereof, and shall be binding, final and non-appealable. The arbitrator(s) shall have the power to award any and all remedies and relief whatsoever that is deemed appropriate under the circumstances, including, but not limited to, money damages and injunctive relief. This arbitration provision shall be deemed to be self-executing and shall remain in full force and effect after the expiration or termination of these Terms. In the event any party fails to appear at any arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear. You hereby consent to arbitration to be held within the City of Miami, State of Florida, and irrevocably agree that all actions or proceedings relating to these Terms and Conditions shall take place in the City of Miami and waive any objections that you may have based on improper venue or forum non conveniens. The arbitrator(s)’ fees in connection with any such arbitration proceeding shall be shared equally between the arbitrating parties.
Force Majeure: CTTI will not be responsible for failure or delay of performance of the Omni Platform if caused by an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunications outage that is not caused by CTTI; pandemic, widespread illness, the government, other government restrictions; or other event outside the reasonable control of CTTI. CTTI will use reasonable efforts to mitigate the effect of a force majeure event.
Termination:CTTI may terminate your subscription and your right to use the Omni Platform at any time and for any reason without notice. Upon termination or expiration of these Terms and Conditions, CTTI may remove any User Content, and such materials and content may no longer be accessible by you. CTTI will have no obligation to maintain any such information in its databases or to forward any such information to you or any third party. You agree that CTTI will not be liable to you or any third party for any such termination except as described in these Terms and Conditions. Upon termination or expiration of these Terms and Conditions, any provision, which, by its nature or express terms should survive, will survive such termination or expiration.
You may cancel your subscription at any time ONLY upon thirty (30) days prior written notice. Such notice shall be delivered in accordance with the notice requirement stated herein. You are solely responsible for the cancellation of the Omni Platform, and, subject to other provisions of these Terms and Conditions, you will be responsible for all fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Omni Platform. You will be responsible for all charges due for using the Omni Platform up to the end of the properly noticed thirty (30) day notice period. All payments made for the use of the Omni Platform will be non-refundable.
Electronic Signatures in Global and National Commerce Act/Uniform Electronic Transactions Act: The Federal Electronic Signatures in Global and National Commerce Act (“ESIGN”) and similar state laws, particularly the Uniform Electronic Transactions Act (“UETA”), authorize the creation of legally binding and enforceable agreements utilizing electronic records and signatures. ESIGN and UETA require businesses that want to use electronic records or signatures in consumer transactions to obtain the consumer’s consent to receive information electronically. When a User registers on the Site, we obtain his or her consent to transact business electronically and maintain electronic records in compliance with ESIGN and UETA requirements. Your use of electronic signatures to sign documents legally binds you in the same manner as if you had manually signed such documents. The use of electronic versions of documents fully satisfies any requirement that such documents be provided to you in writing. If you sign electronically, you represent that you have the ability to access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means. You are obligated to review the Site periodically for changes and modifications and agree not to contest the admissibility or enforceability of the Site’s electronically stored copy of these Terms and Conditions in any proceeding arising out of these Terms and Conditions. You agree and represent that you have a suitable computer with Internet access, an email address and the availability to download, save and/or print communications to retain a record of such communications. You agree that you are solely responsible for maintaining such equipment and services required for online access.
Changes to the Terms and Conditions: Your use of the Omni Platform is governed by the then-current version of the Terms and Conditions in effect on the date of such use. CTTI may, at its sole discretion, modify the Terms and Conditions governing the Subscription to the Omni Platform at any time without notice or liability by posting the modified Terms and Conditions to the Omni Platform. The date of any effective changes shall be reflected at the bottom of this page.and, upon request, we will provide you with information regarding any changes made. Your continued use of the Omni Platform after modified Terms and Conditions have been posted or otherwise provided to you constitutes your agreement to be bound by the then-current Terms and Conditions.
You should consult a lawyer for legal advice to ensure your use of the Omni Platform complies with these Terms and Conditions and applicable law.
These Terms and Conditions were last updated on September 19, 2024.