Confidence Club Membership Agreement
It is your responsibility to read this Confidence Club Membership Agreement carefully prior to purchase, use or access to any of the Confidence Club Membership.
When you purchased the Membership from Imperfectly Balanced LLC, you were given a reasonable notice that this Confidence Club Membership Agreement existed (“Terms”). By moving forward with your purchase of the Membership and continued access of the Membership, you voluntarily agreed and continue to agree to abide by these Terms.
Ali Tessitore with Imperfectly Balanced may, from time to time and at any time without notice to you, modify these Terms. You agree that Ali Tessitore has the right to modify these Terms or revise anything contained herein. You further agree that all modifications to these Terms are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of these Terms, unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms.
If at any time you no longer agree to be bound by these Terms, please cease your participation in the Membership immediately and provide Ali Tessitore written notice of your desire to cancel, which will be effective the next billing cycle.
The Membership will include the benefits as described on the website, as modified from time to time.
Subject to and in accordance with these Terms and other guidelines or instructions Ali Tessitore includes in the Membership, Ali Tessitore grants a limited, non-transferable, non-sublicensable, non-exclusive, revocable license (“License”) to make individual use of the Membership and any copyrighted materials shared with your during the course of the Membership ("Materials"). More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, resell, share, trade or distribute in any manner or medium (including by email or other electronic means) any material from the Membership(s). You may, however, from time to time, download and/or print one copy of the individual pages of the Membership for your individual use, provided that you keep intact all copyright and other proprietary notices. Ali Tessitore reserves the right to terminate your access to the Membership at any time if Ali Tessitore finds that you have violated these Terms.
If Ali Tessitore suspects that the Membership or Materials are being shared and/or that you have shared your log-in information with any party, Ali Tessitores will reserve the right to
immediately terminate your access to the Membership, in her sole and exclusive discretion.
You agree not to undertake any of the following actions:
1. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Membership or Website;
2. Violate the security of the Membership or Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
Ali Tessitore does not offer any promises or guarantees with regard to our Membership or Materials. You hereby acknowledge and agree:
General Disclaimer. To the fullest extent permitted by law, Ali Tessitore, her affiliates, successors, assigns, agents, consultants, representatives, employees, volunteers, and licensees, expressly disclaim any liability for any direct, indirect or consequential loss or damage incurred by participant or others in connection with the Membership, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
Assumption of Risk. You assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to you by Ali Tessitore, any contributors, and any of the other Membership participants. You take full responsibility for your business’ health, your personal health and well-being, your actions and decisions, and your personal care during the Membership. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Educational and Entertainment Purposes Only. Ali Tessitore and her speakers and contributors are not medical, legal, financial or other professionals, or if we are, during the terms of this Membership and related material(s), we are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the term of this Membership. This Membership is for educational and
entertainment purposes only. None of the Membership or its related material(s) should be construed as medical, legal, financial advice.
No Guaranteed Outcomes. There is absolutely no guaranty that you will make or create income as a result of participating in this Membership. You understand that outcomes of the Membership can be subjective and can vary greatly depending upon individual circumstances and individual effort invested in the Membership process.
Community Contributions. The opinions expressed by Membership participants on as part of the Membership are expressed strictly in their individual capacities, and not on the behalf of Ali Tessitore [or her representatives, sponsors, or partners]. The opinions you or others post on this platform do not necessarily reflect our opinions. However, Ali Tessitore does have the right remove discriminatory, hateful, or explicit content in her sole discretion.
Content Warning. The content in this Membership may challenge your limiting beliefs or push you beyond your comfort zone, so please take appropriate steps to protect your mental health and
As Is. You agree that your participation in the Membership and your use of the Website is at your sole and exclusive risk and that any Services provided by Ali Tessitore are on an "as is" basis. Ali Tessitore hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. Ali Tessitore makes no warranties that the Membership or Website will meet your needs or that the Membership or Website will be uninterrupted, error-free, or secure. Ali Tessitore also makes no warranties as to the reliability or accuracy of any information in the Membership or on the Website. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your participation in the Membership or your use of the Website is your sole responsibility and that Ali Tessitore is not liable for any such damage or loss.
You agree that the Materials, the Membership, the Website, and any other Services provided by Ali Tessitore are the property of Ali Tessitore, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
As a participant in the Membership, you will be asked to participate in private community forum. Through your participation in the Membership and your use of the Website, you may be permitted to post materials to the Membership pages and other parts of the Website ("User Contributions"). You
hereby grant Ali Tessitore a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of User Contributions you post. Ali Tessitore claims no further proprietary rights in your User Contributions.
You also agree to comply with the "Acceptable Use" provision of these Terms for all User Contributions that you post, including and especially to not violate the intellectual property rights of
any third party through your User Contributions.
If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact Ali Tessitore.
Ali Tessitore does not assume or accept responsibility for the security of your account or content. You agree that your participation in the Membership or use of the Website is at your own risk. As a participant in the Membership, you will be asked to register with Ali Tessitore. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to participate in the Membership. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify Ali Tessitore immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping Ali Tessitore apprised of any changes to your identifying information.
The billing information you provide Ali Tessitore, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the
Membership or the Website to further fraud or unlawful activity is grounds for immediate termination of these Terms.
You acknowledge that as part of the Membership you may be asked to provide a headshot, biography, testimonial, be photographed, filmed, or otherwise recorded during the Membership, which will exclude any of your Confidential Information, for Ali Tessitore’s advertising, promotion, and any other commercial and business purposes Ali Tessitore may deem fit (the “Content”). You grant your irrevocable consent to Ali Tessitore, the right use, publish in whole or in part the Content, which may include the publicly display your name, biography and likeness, without compensation, in any other manner or media now known or hereinafter invented, throughout the world, without restriction as to alterations or modifications, for any purpose described above. You understand that Ali Tessitore will be the sole property of the Content, and you waive any and all rights of publicity, privacy, or other rights therein. You further waive any and all rights to bring an action at law or equity related to the Content against Ali Tessitore, her contributors, affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, licensees, volunteers, and release them from any and all liability whatsoever related to the Content.
You acknowledge that you are committing to the Membership on a quarterly basis, which includes the financial investment listed on the website at the time of purchase.
If payment is not complete by the specified Membership Start Date, you will forfeit your access to the Membership.
You agree not to use the Membership or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Membership or the Website in any way that could damage the Membership, Website, Services, or general business of Ali Tessitore.
You further agree not to use the Membership or the Website:
1. To harass, abuse, or threaten others or otherwise violate any person's legal rights;
2. To violate any intellectual property rights of Ali Tessitore or any third party;
3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
4. To perpetrate any fraud;
5. To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
6. To publish or distribute any obscene or defamatory material;
7. Using Membership for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
8. To publish or distribute any material that incites violence, hate, or discrimination towards any
9. To unlawfully gather information about others. Ali Tessitore engages in affiliate marketing whereby Ali Tessitore receives a commission on or percentage of the sale of goods or services on or through the Membership and/or Website. Ali Tessitore may also accept advertising and sponsorships from commercial
businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
You agree to defend and indemnify the Ali Tessitore and any of her affiliates (if applicable) and hold Ali Tessitore harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your participation in the Membership, your use or misuse of the Website, your breach of these Terms, or your conduct or actions. You agree that Ali Tessitore shall be able to select her own legal counsel and may participate in our her defense, if Ali Tessitore wishes.
Ali Tessitore may need to interrupt your access to the Membership to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Membership and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that Ali Tessitore shall have no liability for any damage or loss caused as a result of such downtime.
Ali Tessitore may terminate these Terms with you at any time for any reason, with or without cause. Ali Tessitore specifically reserves the right to terminate these Terms if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of Ali Tessitore or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You may also terminate these Terms at any time by contacting Ali Tessitore and requesting termination. At the termination of these Terms, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Please be advised that terminating these Terms does not entitle you to a refund on any monies spent with Ali Tessitore.
LIMITATION OF LIABILITY.
ALI TESSITORE IS NOT LIABLE FOR ANY DAMAGES THAT MAY OCCUR TO YOU AS A RESULT OF YOUR PARTICIPATION IN THE MEMBERSHIP OR YOUR USE OF THE WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, AS NOTED ABOVE. THE MAXIMUM LIABILITY OF ALI TESSITORE ARISING FROM OR RELATING TO THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID TO ALI TESSITORE IN THE LAST MONTH OF THE MEMBERSHIP. THIS SECTION APPLIES TO ANY AND ALL CLAIMS BY YOU, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUES, CONSEQUENTIAL OR PUNITIVE DAMAGES, NEGLIGENCE, STRICT LIABILITY, FRAUD, OR TORTS OF ANY KIND.
1. ENTIRE AGREEMENT. These Terms constitutes the entire understanding between the Parties with respect to the Membership. These Terms supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
2. LANGUAGE: All communications made or notices given pursuant to these Terms shall be in the English language.
3. JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Membership and your use of the Website, you agree that the laws of the State of Arizona shall govern any matter or dispute relating to or arising out of these Terms, as well as any dispute of any kind that may arise between you and Ali Tessitore, with the exception of its conflict of law
provisions. In case any litigation specifically permitted under these Terms is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts in Pinellas County. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non convenient or similar doctrine.
4. ARBITRATION: In case of a dispute between the Parties relating to or arising out of these Terms, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding
arbitration. The arbitration shall be conducted in Pinellas County. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of these Terms, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the State of Florida. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by Ali Tessitore will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement
with this sub-part of these Terms, waive any rights they may have to a jury trial in regard to arbitral claims.
5. ASSIGNMENT: These Terms, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should these Terms, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Ali Tessitore, the rights and liabilities of Ali Tessitore will bind and inure to any assignees,
administrators, successors, and executors.
6. SEVERABILITY: If any part or sub-part of these Terms is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to
the maximum extent possible. In such condition, the remainder of these Terms shall continue in full force.
7. NO WAIVER: In the event that Ali Tessitore fail to enforce any provision of these Terms, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms will not constitute a waiver of any other part or sub-part.
8. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under these Terms are for convenience and organization, only. Headings shall not affect the meaning of any provisions of these Terms.
9. NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of these Terms. No Party has any authority to bind the other to third parties.
10. FORCE MAJEURE: Ali Tessitore is not liable for any delay, adaptation in format, or failure to perform due to causes beyond our 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.
11. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under these Terms, including e-mail or fax. For any questions or concerns, please email Ali Tessitore at the following address: [email protected]