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TERMS & CONDITIONS

INTRODUCTION

These Terms & Conditions were last modified on December 13, 2024.

The Top Performance Group, LLC (the “COMPANY”) welcomes you to www.tylerjjensen.com (the “Website”), and any other websites operated by the Company, including but not limited to:

  • tylerjjensen.com

  • thetopperformancegroup.com

  • insurariskuniversity.com

​

VISITORS TO OUR WEBSITE MAY HAVE ACCESS TO WEBSITE CONTENT SUBJECT TO THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE GOVERNING YOUR USE OF THE WEBSITE AND ANY TRANSACTIONS THAT ARE INITIATED THROUGH THE WEBSITE. BY VISITING THE WEBSITE, YOU ARE CONSENTING TO THE FOLLOWING TERMS OF USE. THERE ARE PROVISIONS BELOW CONSTITUTING A WAIVER OF CERTAIN LEGAL RIGHTS. PLEASE READ ALL INFORMATION CAREFULLY.

In these terms and conditions, “We/us/our/[d/b/a]” means The Top Performance Group. The “Website” means the website located at www.tylerjjensen.com (or any subsequent URL which may replace it) and all associated websites and micro sites of The Top Performance Group. “You/your” means you as a user of the Website.

By accessing and using the Website, you acknowledge that you have read, understood and agree to be bound be these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of the terms contained herein, then please do not use or access the Website.

To access or use the Website, you must be 18 years or older and have the requisite authority to enter into these Terms and Conditions.

PRIVACY

Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices.

CONSIDERATION

You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and all Content available at or through the Website.

VISITORS & REGISTERED USERS

Any user who voluntarily signs up for more information (e-newsletter, promos, bonus materials, etc), or who purchases a product, service, or program through the Website, is agreeing to both the terms of this Agreement and the accompanying Terms and Conditions of Purchase where applicable with respect to such product, service, or program.

We provide Visitors and Registered Users with access to the Services as described below.

Visitors. Visitors are those who visit the Website but do not register with us. No login or personal information is required of our Visitors. Visitors can view all publicly available content on the Website and also contact us by email.

Registered Users. Registered Users can access all publicly available content on the Website, contact us by email, and upon registration for an e-newsletter, product, service, or program, may also gain access to exclusive content hosted as part of this Website.

The Company is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, the Company may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use, or the Terms of Use for any particular service, product, or program.

INTELLECTUAL PROPERTY / RESTRICTIONS ON USE

The Website contains or may contain as part of the Website itself, or as part of certain products, services, or programs offered through the Website, text, graphics, logos, images, coursework, software, video files, audio files, and other material provided by or on behalf of the Company (collectively referred to as the “Content”). The Content includes the specific selection and arrangement of all Content, i.e., the design. All Content is proprietary and is protected under both United States and foreign laws, whether owned by us or by third parties with whom we associate to help deliver the Content.

You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. Unauthorized use of the Content may violate copyright, trademark, and other applicable laws.

Registered Users who have purchased any product, service, or program may download one copy of their purchase onto their personal computer and view any Content contained in such purchased product, service, or program for their own personal, non-commercial use. Other than as set forth in this section, you have no other rights in or to the Content (other than your own Registered User-Generated Content that you post to the Website, where applicable), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of the Company. The Company retains all rights, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You agree not to duplicate, imitate, copy, reproduce, transmit, publish, display, distribute, sell, transfer, assign, license, sublicense, publicly perform, commercially exploit, or create derivative works of such material and content, nor to help or assist third parties in doing the same. You are also prohibited from posting any portion of the Content in either print or digital format, included on any other website, social media page, or in a networked computer environment for any purpose. The Content may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or disparages or discredits us or anyone else.

You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient, or such that the effectiveness or functionality of the Website is in any way impaired. You agree not to attempt any unauthorized access to any part or component of the Website.

You agree that in the event that you have any right, claim or action against any User arising out of that User’s use of the Website, then you will pursue such right, claim, or action independently of and without recourse to us.

In accordance with the terms and conditions of this Agreement, the Service

Provider may create certain unique elements of intellectual property ("Created IP") customized specifically for Client, including, but not limited to, plans, drawing, specifications, reports, advice, analyses, designs, methodologies, code, artwork, videos, or any other intellectual property as required to render the provision of Services to the Client. Unless the Parties otherwise agree, any such newly Created IP generated by the Service Provider in connection with the provision of Services to the Client shall belong to the Client but may be used for Service Provider's internal training purposes.

Any intellectual property provided by the Client to the Service Provider to assist in the provision of Services, that was not created by the Service Provider pursuant to this Agreement, shall belong to the Client. Any ancillary intellectual property belonging to the Service Provider, provided or shown to the Client in any way, that was not created by the Service Provider pursuant to this Agreement, shall belong to the Service Provider. Nothing in this agreement shall permit Client to formally teach, resell, or charge for the inclusion of any of Service Provider’s original or existing Intellectual Property including any proprietary frameworks, techniques, strategies, systems, methodologies, or any other content in coordination with any of Clients own current or future business operations without express written consent by way of Service Provider’s Certification Partner Licensing Agreement. Client is permitted to share individual screenshots, photos, quotes, or (up to 60 second sequential) video clips of any part of their experience with Service Provider on social media or other digital platforms as long as it is part of casual social sharing or experience documentation, properly cites Service Provider (including by way of tagging), and is promoting Service Provider and is not in any way in conjunction with Client trying to promote or solicit any of Clients own services or portray that Service Providers Intellectual Property belongs in any way to Client. Client can request to become a Referral Partner of Service Provider in which case an increased promotional license may be granted.

SUBMISSIONS & USER-GENERATED CONTENT LICENSE

There may be portions of the Website that allow for the posting of reviews, comments, photographs or other content (“User-Generated Content”). Where the website allows, you are permitted to submit comments, communications, suggestions, ideas, questions, or other information, provided that the material submitted is not threatening, objectionable, illegal, obscene, defamatory (to us or anyone else), invasive of privacy or intellectual property rights, or otherwise injurious to us or third parties. Further, anything submitted shall not contain malware, software viruses, or spam, including political campaign material, commercial solicitations, chain letters, or mass mailings. You may not use false e-mail addresses, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content.

You agree that any content you submit to us, i.e., “User Generated Content,” as described above, will not be subject to any expectation of privacy, trust, or confidence between us and that no confidential, fiduciary, or other relationship is intended or created between you and us. If you post any such content, intentionally or unintentionally, you are granting us a License in said content, and we and any others we designate from time to time shall have unrestricted rights to use the Content for any and all purposes whatsoever, commercial or otherwise, without any further permission from or any payment to you or anyone else. This includes rights to use the name that you submit, along with any other name by which you are known, in connection with the User-Generated Content. To be clear, we have the right to use, reproduce, license, sub-license, transfer, print, display, exhibit, distribute, re-distribute, publish, modify, translate, or create derivative works of any User-Generated Content that you submit or provide, without any further permission from or notice or payment to you.  You agree to this “User-Generated Content License” whether or not your User-Generated Content is used by us.

You represent and agree that you own, have full rights to or otherwise control all User-Generated Content that you submit or send to us, that such User-Generated Content is accurate and truthful and does not violate these Terms of Use, our Privacy Policy, or the rights of us or any third party and will not cause injury to anyone. You agree to indemnify us and our affiliates and designees from and against any and all claims arising out of, resulting from, or relating to any such User-Generated Content. We have the right, but not the obligation, to review and remove any activity or content involving you or your account. We assume no responsibility and have no liability for any User Generated Content created or posted by you or anyone else.

Each time that you access the Website or create or submit User-Generated Content, you agree to ratify and confirm the terms of the then-existing User-Generated Content License for that submission and all previous submissions by you to us. Client hereby grants Service Provider an irrevocable release for Service Provider to utilize their name and likeness in the following ways. Client allows Service Provider to include photos of them in conjunction with various types of marketing or promotion, whether digitally or in print, when marketing their services to the general public as long as it is an accurate portrayal of Clients involvement with Service Provider. Client allows Service Provider permission to publicly (accurately) disclose in any relevant medium that they are a Client. Client agrees that any live trainings they attend or with any member of Service Provider will be recorded, and grants Service Provider permission to include those recordings in whatever way they deem necessary into the archived set of trainings for other Clients and internal team members. Should Client agree at any point to give or openly share an endorsement or testimonial of their experience with Service Provider, Client allows Service Provider to share that testimonial publicly in either written, audio, or video form without restriction.

CONTENT LINKED TO THE WEBSITE

From time to time we may include or provide third-party links on our Website. When you click on links that take you outside of our Website to any other webpage including those of affiliates, joint-venture partners, content partners or other businesses or service providers who may or may not be affiliated with our work, you assume all of the risk, responsibilities, and consequences resulting from your use of or access to third-party websites. Other websites not belonging to the Company may be subject to different terms and conditions of use and privacy policies. You acknowledge that we are not responsible for examining or evaluating the content of other sites, nor are we responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including, without limitation, any advertising, products, or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods, or services available on such external sites or resources.

AFFILIATE LINKS & COMPENSATION DISCLOSURE

We enter into affiliate relationships with third parties and provide introductions to third-party services or products on our website and in our email marketing. We receive compensation through these affiliate relationships, including when our Users purchase services or products via such links. We provide disclosures when sending or posting such information as an affiliate. If we are providing a review or rating of a third party’s service or product and receive payment for such review or rating, we disclose that information when sharing our review or rating. 

Throughout the permanent course of working with The Top Performance Group (related to this agreement or any additional future engagements), you will often find that we reference, refer, and recommend several different resources to assist you in your journey. They include but may not be limited to: vendors, service providers, technology, equipment, educational resources, etc.

Please be advised and assume that in those instances, we are likely to always be receiving a referral fee from the

provider. We commit to only recommending you resources that we truly believe in and that either we have personally used or that come directly recommended from trusted sources in our community. If you should have any negative experience with any of our recommended resources, please notify us immediately so that we can utilize that information to continually curate what tools and assistance we make available to our clients and members.

PRICING

All pricing will be presented before purchase and included in all agreements.

REFUND POLICY

We have a no cash refund policy for any of our services that grant immediate access to our information and training materials. These services include The Top Performance Roadmap, Top Performance Group Memberships, Founder Membership, InsuraRisk Membership, InsuraRisk Pro Membership, InsuraRisk VIP Membership, Courses, Event Ticket Purchases, and Strategy Sessions. Our keynote services provide no refund on the deposit or balance once monies are received. We do allow for service exchange, date exchange, or cancelation of services with cause. 

There are no refunds on payments that are processed prior to an

approved cancellation notice. Approved cancellation notices must occur prior to the next billing period. There are no refunds on paid in full agreements as you have received the services upfront. You may cancel at any time prior to your renewal date but no refund will be assessed for the 12-month agreement. Once a cancellation request has been received through our membership modification request form via our Learning Portal, you will not auto renew, no future payments will be processed. Cancellation requests made outside of our membership modification form will not be recognized.

CHANGES TO THE WEBSITE

We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of it) with or without notice to you. You agree that we shall not be liable to you or any third party for any modification to or withdrawal of the Website. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

We may alter these terms and conditions from time to time, and your use of the Website (or any part of it), following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Use have been changed. If you do not agree to any change to the Terms of Use then you must immediately stop using the Website.

INDEMNIFICATION

You agree to be fully responsible for and fully indemnify, defend and hold us (including our licensors, licensees, successors, distributors, agents, representatives, and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns, collectively the “Indemnified Parties”) harmless from and against any and all claims, liability, damages, losses, costs and expenses, including legal fees and expenses, suffered by us and arising out of any breach of the conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the website using your password, personal computer or other electronic device, or internet access account. You shall use your best efforts to cooperate with us in the defense of any claim including to provide us with assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you as we deem necessary. We reserve the right to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you. You shall not settle any third-party claim or waive any defense without our prior written consent. 

Client hereby agrees to indemnify Service Provider, and all of Service Provider's agents,

employees, and representatives against any and all damage, liability, and loss, as well as legal fees and costs incurred, as a result of the Services rendered this Agreement, or any transaction or matter connected with the Services or the relationship between Service Provider and client. This clause shall not be read to provide indemnification for any Party in the event that a competent court of law, rendering a final judgment, holds that the bad faith, gross negligence, or willful misconduct of the Party caused the damage, liability, or loss.

NON-SOLICITATION

During the course of this Agreement and for a period of one year following the

termination of this Agreement, the Client shall not entice away from the Service Provider or employ or offer to employ any person who is employed by the Service Provider during the term of this Agreement and for one year following the termination of this Agreement, whether or not the person would commit a breach of his or her contract of employment by being enticed or accepting employment with them.

During the course of this agreement and for a period of one year following the termination of this agreement the

Client agrees not to directly or indirectly solicit or sell to any active clients of Service Provider for any other services unless specifically granted expressed written permission by way of Service Providers Referral Partner agreement.

NON-DISPARAGEMENT

Client agrees not to publicly or privately, directly or indirectly, whether by digital medium or spoken word, under any circumstance or for any reason, disparage or negatively comment on any portion or total of their experience with Service Provider. Client agrees that should there be a conflict, issue or disagreement of some type, they will raise that issue with a member of Service Provider and agree to resolve it in a fair, professional and private manner directly with a representative of Service Provider. Client further agrees not to directly or indirectly encourage or suggest that any other Client, employee or team member of Service Provider reduce, cancel or alter their relationship with Service Provider in any way.

COMMUNICATIONS

The online community associated with the Program is intended to be a supportive,

respectful and positive community for all involved. Communicating disrespectfully to any other members of the group constitutes grounds for removal from the Program and any associated online forum, which decision shall be in the sole discretion of the Company.

RESERVATION OF RIGHTS

Company reserves the rights to remove you from the Program or Services for cause, whether a breach of this contract, an act of misfeasance against the Company, a representative of the company or a participant of a group program, or other inappropriate action, which may include any action which causes a disturbance amongst the group, or otherwise negatively impacts the experience of others participating in any program offered by the Company. Such a determination shall be made solely by Company. You agree that your exclusive remedy in such a scenario, if any, will be limited to the refund of any amount paid to participate in the services or program.

GENERAL DISCLAIMER

Use of the program or services covered by this agreement and any content provided therein is at your own risk. The Company and its employees, representatives and agents are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the use of the Program or Services or any content provided as part of the Program or Services. The Services provided through the Program are advisory and supportive only, and you bear sole responsibility for the use and implementation of these services in your personal or professional life. You are free to reject any advice, suggestions or requests made during the Program at any time. There are no guarantees as to the progress or outcomes that may result from the Services, and you are responsible for the results you achieve. The products and services offered by the company are not suited for everyone. The creators of any products, services or programs offered herein or in connection herewith do not assume, and shall not have, any liability to users for injury or loss in connection therewith. We make no representations or warranties and expressly disclaim any and all liability concerning any decision, action or outcome following the presentation of information offered or provided within or through the program, services or website.

EARNINGS DISCLAIMER

Results are not guaranteed. Any statement made on the website or in the

program regarding income or earnings are provided as examples only, and do not guarantee you future earnings or

income. Please note that the stated results are not typical and there is no guarantee that you will achieve the same or similar results. As with any endeavor, results may vary, and depend on a wide variety of factors including, but not limited to, your skill, knowledge, ability, dedication, business savvy, network, and financial situation. The use of any products or services offered through the Company should be based on your own due diligence. You agree that the Company (including its agents, representatives, sponsors, promoters, advertisers or affiliates), are not responsible for the success or failures you experience in your personal or business life.

GENERAL PROVISIONS

A) GOVERNING LAW: This Agreement shall be governed in all respects by the laws of the state of Utah and

any applicable federal law. Both Parties consent to jurisdiction under the state and federal courts within the state

of Utah. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but

rather mandatory in nature.

 

B) ARBITRATION: Any dispute, claim or controversy arising out of or relating to this Agreement or the business

relationship between Parties or the breach, termination, enforcement, interpretation or validity of either, including a determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in

Ogden, Utah before one arbitrator.

 

The arbitrator shall be a third-party neutral who is either a retired judge or a Utah licensed attorney with at

least ten years of experience in handling commercial disputes. The arbitrator shall be empowered to decide all discovery, dispositive and other motions. The Parties shall each pay one half of the cost of the arbitration,

including the filing fee and arbitrator fees, subject to an award of costs, reasonable Attorney’s fees and arbitrator fees to the prevailing party as may be permitted by this Agreement or any other agreement of the Parties or by any statute.

 

To the fullest extent permitted by law, the Parties shall maintain the confidential nature of the arbitration proceeding and any arbitration award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenged to the award or its enforcement or unless otherwise required by law or judicial decision.

 

If an arbitration award is made against either Party, the Party against whom the award is made shall have thirty (30) days from the date the award is rendered in accordance with the laws of the State of Utah without

giving effect to its conflict of laws rules.

 

C) ATTORNEYS FEES: In the event of any dispute arising hereunder, the Service Provider shall recover its

reasonable attorney’s fees, costs, and disbursements, including the cost of reasonable investigation, preparation,

and professional consultation incurred in connection with such dispute, at the pre-trial, trial, and appellate levels should the Service Provider become the Prevailing Party.

 

A finance charge of 1 1/2% per month (annual percentage rate 18%) of the unpaid balance will be added monthly. Should collection become necessary, the responsible party agrees to pay all collection costs, including a collection fee of up to 40%, all legal fees of collection, with or without suit, including attorney fees and court costs.

 

D) LANGUAGE: All communications made, or notices given pursuant to this Agreement shall be in the English

language.

 

E) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or

otherwise transferred in whole or part by either Party.

 

F) AMENDMENTS: This Agreement may only be amended in writing signed by both Parties.

 

G) NO WAIVER: None of the terms of this Agreement shall be deemed to have been waived by any act or

acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of

this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a

waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term.

 

H) SEVERABILITY: If any provision or term of this Agreement is held to be unenforceable, then this Agreement will

be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of

the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the

invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the

remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement.

 

I) ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes

any prior or contemporaneous understandings, whether written or oral.

 

J) COUNTERPARTS: This Agreement may be executed in counterparts, all of which shall constitute a single

agreement. If the dates set forth at the end of this document are different, this Agreement is to be considered effective as of the date that both Parties have signed the agreement, which may be the later date.

 

K) FORCE MAJEURE: Service Provider is not liable for any failure to perform due to causes beyond its reasonable

control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots,

embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

 

L) REVIEW OF AGREEMENT: Client represents and warrants that he/she/it is independently represented by an

attorney, that he/she/it and his/her/its attorney have had the opportunity to review this Agreement and that Client understands and voluntarily accepts the terms hereof.

 

M) NOTICES ELECTRONIC COMMUNICATIONS PERMITTED: i) Any notice to be given under this Agreement

shall be in writing and shall be sent by first class mail, air mail, or e-mail, to the address of the relevant Party set out at the head of this Agreement, or to the relevant email address set out below or other email address as that

Party may from time to time notify to the other Party in accordance with this clause.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY CONTENT HEREIN IS AT YOUR OWN RISK.

THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.

WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT, PRODUCT, SERVICE OR PROGRAM OFFERED THROUGH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT HOST SUCH CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE FULLY FUNCTIONAL, ACCURATE OR RELIABLE. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OF CONTENT OR MATERIAL AS A RESULT OF UPLOADING TO OR DOWNLOADING FROM THE WEBSITE AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE.

WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF THE INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD-PARTY WEBSITE THAT LINKS TO OR FROM THE WEBSITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR WEBSITE. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD-PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR OTHER MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD-PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.

THE WEBSITE AND PRODUCTS, SERVICES OR PROGRAMS CONTAINED HEREIN ARE NOT SUBSTITUTES FOR ANY PROFESSIONAL ADVICE OR TREATMENT, INCLUDING THE ADVICE AND TREATMENT OF A LICENSED HEALTH CARE PROFESSIONAL. THE PRODUCTS AND SERVICES OFFERED BY THE COMPANY ARE NOT SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS, SERVICES OR PROGRAMS OFFERED HEREIN OR IN CONNECTION HEREWITH DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. FOR SPECIFIC CONCERNS, QUESTIONS OR SITUATIONS REQUIRING PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED PHYSICIAN, PSYCHOLOGIST, OR OTHER HEALTH PROFESSIONAL. NEVER DISREGARD THE MEDICAL ADVICE OF A PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE.

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED ABOVE) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTIONS AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.

YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR THE SECURITY OR PRIVACY OF THE INTERNET AND THIS WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.

WE WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRE-CONTRACT OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATIONS) OR OTHERWISE OUT OF OR IN CONNECTION WITH THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS) FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY LOSSES OR DAMAGES; IN ANY CASE WHETHER OR NOT SUCH LOSSES OR DAMAGES WERE WITHIN THE CONTEMPLATION OF EITHER OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.

UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE EXEMPLARY OR ANY OTHER DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM THE USE OF OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE, OR ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

WHERE CERTAIN STATE LAWS DO NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

COMPLIANCE WITH APPLICABLE LAW

The Website is based in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with all applicable laws of your specific jurisdiction.

CONTROLLING LAW

This Agreement and any action related thereto will be governed by the laws of the State of Utah.

CALIFORNIA CONSUMER RIGHTS NOTICE

California users of the Website are entitled to the following information pursuant to California Civil Code Section 1789.3:

For any questions or complaints about the Company, our products, services or the Website, please contact us via e-mail at info@thetopperformancegroup.com The Company is engaged in the sale of services worldwide and within the USA. Currently there are no charges to the consumer for the use of the Website, other than the cost of any products, programs or services purchased through the Website, and any applicable fees associated with such purchases. Unless otherwise stated, these charges appear for each purchase on an Order Confirmation page or in an Order Confirmation sent via email to the consumer following their purchase. The Company reserves the right to change pricing related to any products, programs or services offered through the Website at any time. Those changes will be reflected in the terms and conditions accompany the sale, and on the Order page.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California, Consumer Information Center may be contacted in writing at 1625 North Market Blvd, Suite N-112, Sacramento, CA 95834 or by calling 1-800-952-5210.

DISPUTE RESOLUTION & BINDING ARBITRATION

In the event of a dispute arising under or relating to this Agreement, the Content, or the Website (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute: first, by confidential mediation, to be conducted by a mutually selected, qualified neutral, third-party attorney/mediator located in Ogden, Utah, which mediation may occur in-person, online (via web cams), or telephonically, and shall be scheduled within 30 days of either party providing the other with a request to mediate; second, by confidential, binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator whose decision shall be final except for a limited right of appeal under the FAA. Any court in Weber County, Utah, may enforce the arbitrator’s award. The arbitration may be conducted in person, through the submission of documents, by phone, or online and shall be conducted by a qualified JAMS or similarly experienced arbitrator. If conducted in person, the arbitration shall take place in Ogden, Utah. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.

CLASS ACTION WAIVER

You agree that any arbitration or court proceeding shall be limited to the Dispute between us and you, individually. To the full extent permitted by law, (i) no arbitration or legal proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

ELECTRONIC COMMUNICATION

When you visit the Website or correspond with us via e-mail, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

ENTIRE AGREEMENT

These Conditions and documents referred to herein (as amended from time to time) contain the entire Agreement between you and us relating to the Website and any matter covered and supersede all prior and contemporaneous agreements, representations, understandings or proposals between us. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions.

MISCELLANEOUS LEGAL PROVISIONS

No waiver of any of the provisions herein by the Company shall constitute a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.

The subject headings in this Agreement are provided for convenience only and shall not alter the construction or interpretation of any of its terms or provisions.

You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website.

Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

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