WagonheimU Membership Terms
By clicking “Join”, “Purchase”, “Enroll”, or any other purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Member”) agree to be provided with products, programs, or services as part of the WagonheimU Membership Site (“Membership”) owned and operated by DDM Initiatives, LLC (the “Company”), and you agree to be bound by the following terms:
NATURE OF MEMBERSHIP
The Platform. WagonheimU is an educational site created to provide its members with first-rate training and educational opportunities. All content is provided and all communication is engaged solely in service of that purpose.
No Attorney-Client Relationship. Nothing in the Membership, the Member’s engagement with the WagonheimU.com website (the “Website”), or communication with WagonheimU’s principals, including Eliot Wagonheim, whether in a forum or one-on-one shall be deemed to establish an attorney-client relationship. An attorney-client relationship with Eliot Wagonheim or Wagonheim Law may only be formed through the full execution of an engagement letter between the Member and Wagonheim Law and the establishment of mutually satisfactory payment arrangements.
Public Communication. The Member expressly agrees that any communication undertaken through the Website or during the course of any WagonheimU event, forum, or offering, is public in nature. Through its membership in WagonheimU, the Member expressly agrees that the Company may post or otherwise utilize any communication in furtherance of the Company’s business and mission. Despite any communication that may occur directly between the Member and Eliot Wagonheim, the Member expressly waives any right to and expectation of confidentiality as well as any claim of attorney-client privilege.
TERMS OF MEMBERSHIP.
(a) Member will be provided with the following content and/or services as detailed on WagonheimU.com and selected prior to purchase. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to:
a. Live Q&A Calls
b. Website and Community Forums
c. Webinars and Workshops
e. Monthly Content such as emails, newsletters, videos and articles
(b) The scope of Services rendered by the Company pursuant to this Agreement shall be limited to those contained herein and/or provided for on Company’s Website as part of the Membership and are subject to change in the Company’s sole and absolute discretion.;
(c) The Company reserves the right to substitute Services equal to or comparable if reasonably required by the prevailing circumstances;
The Company may from time to time offer extra Services to Member for an additional fee;
(d) Member will have access to the Membership Site as long as their account is current;
(f) At any point should Company be terminating the Membership Site, Member will be given at least thirty (30) days’ notice.
(g) Member has the option to cancel membership at any time, but will not be entitled to a refund in any amount at any time. Should Member elect to renew following termination, the Member may be required to pay a sign-up fee to reactivate.
(h) Each Member may use the Membership, the Website, and the Services for lawful purposes only. You shall not post or transmit through the Membership any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, constitute hate speech, or otherwise violate any law. The Company shall determine, in its sole discretion, if these rules have been violated. The Company’s determination in this regard shall be final.
PAYMENT AND REFUND POLICY.
(a) Upon execution of this Agreement, Member agrees to pay to the Company in full the purchase amount as stated on the Website.
(b) No refunds will be provided.
(c) With full payment, Member shall be issued a one (1) month term to the Membership.
(d) Credit Card Authorization. Each party hereto acknowledges that Company will charge the credit card chosen by the Member on the dates and for the amounts specified upon purchase and as included in this Agreement.
By participating in the Membership, Member acknowledges that the Company makes no guarantees as to the outcome of any Services, sessions, teachings, or classes accessed through this Membership. By participating in this Membership, the Member acknowledges that the Company is not providing legal advice and does not warrant the accuracy of any information provided, is not liable for any losses the Member may suffer by relying on modules, content, guest speakers, videos, services, and/or products.
Any testimonials or examples shown through the Company’s Website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Membership and/or Services. You acknowledge that the Company has not and does not make any representations as to success of any kind that may be derived in contracts or specific negotiations as a result of use of its programs, products or Services.
The Company may provide the Member with information relating to products that the Company believes might benefit the Member. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information provided. The Company may provide Member with third-party recommendations for similar services. The Company may be involved in affiliate relationships with certain third-parties for such recommendations and will inform Member when this is the case. Member agrees that these are only recommendations and the Company will not be held liable for the services provided by any third-party to the Member.
RECORDING AND REDISTRIBUTION OF SESSONS AND CALLS.
Member acknowledges that calls, Q&A sessions, and/or trainings may be recorded and published on the Membership Website. Member also acknowledges that the recordings may be redistributed and/or resold at a later date as part of separate offerings sold by the Company.
INTELLECTUAL PROPERTY RIGHTS.
The Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Website, content, videos, recordings, documents, hand-outs, teachings, and courses, and resources created for or offered as part of this Membership (collectively, the “Material”), whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Member, nor grant any right or license other than those stated in this Agreement.
Member may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website, content or intellectual property, in whole or in part without the Company’s prior written consent. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Website content by any person without Company’s prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action.
The Member maintains ownership of all of its intellectual property. The Company will not be deemed to have obtained any right, title, or interest to or in the Member’s intellectual property by virtue of the Member’s use of the Website or involvement in the Membership.
LIMITATION OF LIABILITY.
By using the Company’s Services and purchasing this Membership, Member accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Member agrees that neither the Company nor its principals or affiliated companies, including without limitation Wagonheim Law will be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Membership, the Materials, or the Services. Member agrees that use of this Membership is at user’s own risk.
JURISDICTION AND DISPUTE RESOLUTION.
These Terms shall be construed in accordance with, and governed by, the laws of the State of Maryland. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The Company shall be entitled to recoup its attorneys’ fees and the costs of arbitration in the event it prevails in its claims or in the defense of any claims brought by or on behalf of the Member. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Baltimore County, Maryland. The written decision of the arbitrator will be binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to [email protected]
This Agreement, as may be modified by the Company from time to time in writing, contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.