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TERMS & CONDITIONS OF USE

Welcome to our website! By using this website (the “Site”), you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you may not use the Site.

 

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM Gary Bauer (defined below) UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

 

  1. Applicability of Terms and Conditions. These terms and conditions (these “Terms”) shall apply to your purchase of products and services (including programs) from Gary Bauer, LLC, a Nevada limited liability company, or its affiliate, as indicated in an Order (defined below) (collectively, Gary Bauer, LLC and its relevant affiliate(s) shall be referred to herein as “Gary Bauer,” “we,” “us,” or “our”). These Terms are subject to change at any time without prior written notice by Gary Bauer, and such modifications shall apply to orders placed after the modifications are implemented. The most recent version of these Terms shall be posted for your review at any time at wendybyford.com. Please review these Terms in their entirety prior to engaging in any transaction with Gary Bauer.

 

  1. Orders. When placing an order with Gary Bauer you are effectively offering to purchase whatever products and services you select on your order form (an “Order”). We reserve the right to accept or reject any Order in our own discretion. We will only accept or reject an Order in its entirety. Should we elect to accept your Order, you will receive a confirming email at the email address that you provide to us. Notwithstanding, we reserve the right to cancel any Order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion.

 

  1. Specific Terms Related to Program Enrollment.

 

  • Participation in Programs. We are committed to providing all participants in any of our programs with a positive experience. Thus, we may, at our sole discretion, limit, suspend, or terminate your participation in any of our programs, live, recorded, social media-based or digital without refund or forgiveness of payment if: (i) you become disruptive or difficult to work with; (ii) you fail to follow the program guidelines; or (iii) you impair the participation of our instructors or participants in our program(s).

 

  • Program Content-Specific Disclaimers.

 

  • Program-related education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to you or any other individual.

 

  • All Materials associated with a program, or any information provided by a third-party related to a program, whether oral or written, are for personal use in or in conjunction with such program.

 

  • Information contained in programs (whether Materials or otherwise) may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express prior written consent of Gary Bauer.

 

  • Gary Bauer is not a law firm or a substitute for an attorney or law firm, and nothing contained in any program or Materials is intended to provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies. Rather, information contained in a program or associated Materials is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions and Gary Bauer shall not be liable to you for any action you take based upon a program or Materials.

 

  • We assume no responsibility for errors or omissions that may appear in any program materials.

 

  • Privacy & Confidentiality Related to Program Participants. We respect your privacy and must insist that you respect the privacy of participants in any programs in which you participate. Therefore, you agree: (i) not to infringe any other participant’s copyright, patent, trademark, trade secret or other intellectual property rights; (ii) that any confidential information shared by program participants is confidential and proprietary, and belongs solely and exclusively to the participant who discloses it or Gary Bauer; (iii) not to disclose such information to any other person or use it in any manner other than in discussion with other program participants during sessions of the applicable program; (iv) while you are free to discuss your personal results from our programs and training, you covenant to keep the experiences and statements, oral or written, of all other participants in the strictest of confidence; and (v) that if you violate, or display any likelihood of violating, any of your obligations contained in this Section then Gary Bauer and/or the relevant participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

 

  • Interactive Feature Restrictions. It is a condition of your participation in a program that you do not: (i) restrict or inhibit any other participant from using and enjoying the program; (ii) attempt to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) interfere with or disrupt any servers or networks used to provide a program, or disobey any requirements, procedures, policies or regulations of the networks we use to provide a program; (iv) use participation in a program to instigate or encourage others to commit illegal activities or cause injury or property damage to any person; (v) attempt to gain unauthorized access to information, or any account, computer system, or network, by means such as hacking, password mining or other illicit means; (vi) obtain or attempt to obtain any materials or information through any means not intentionally made available through the purchase of a program; (vii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (viii) post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; (ix) post or transmit any information, software or other material that contains a virus or other harmful components; (x) post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising; (xi) advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind; or (xii) gather for marketing purposes any email addresses or other personal information that has been posted by other participants.

 

  • Certain Rights/Disclosures Related to Interactive Features. Any participant in a program that fails to comply with these Terms may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. We may remove or alter any user-created content at any time for any reason. We expressly disclaim all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in a public forums by a third party, nor shall we be responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through public forums. The opinions expressed in public forums are solely the opinions of the participants, and do not reflect our opinions. We have no obligation whatsoever to monitor any of the content or postings on message boards, chat rooms or other of our public forums. However, you acknowledge and agree that we have the absolute right to monitor the same in our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, participants and visitors.

 

  1. Payment Terms. All applicable prices are set forth alongside the products and services offered on the relevant Order. They may differ from the prices offered elsewhere (online or offline) by us for the same products and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

 

  1. Shipping Information. If applicable, it is our responsibility to ship the products associated with your accepted Order to you at the address you provide when making the Order. You will be responsible for all associated shipping and handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.

 

  1. Intellectual Property; Confidentiality.

 

  • Ownership of Intellectual Property. All right, title and interest in and to the materials provided by Gary Bauer, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned or licensed either by Gary Bauer or by our respective third party authors, developers or vendors. Except as may be expressly stated on in these Terms or in our website Terms and Conditions, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on our websites shall be construed to confer any license under any of Gary Bauer’s intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted herein or in an Order by Gary Bauer are reserved by Gary Bauer.

 

  • Nondisclosure and Nonuse Obligations. The term “Confidential Information” refers to: (i) the business activities, dealings or interests of Gary Bauer and/or its officers, directors, affiliates, employees or contractors; (ii) any confidential information, knowledge and know-how, concerning the operations, products, services, procedures, or clients, patients or customers of Gary Bauer, in any format whatsoever, including, without limitation, the techniques, formulations, organization, design, implementation, preparation and other operations, methods, and accumulated experiences incidental thereto, and further including, without limitation, information relating to marketing techniques, advertising, policies, procedures, promotions, customer lists, membership lists, mailing lists, registration cards, sales records, concepts, ideas, trade secrets, other proprietary information, training materials, teaching aids, webinars, membership materials (including but not limited to: reports, notes, files, and records), and/or research of Gary Bauer. You agree to maintain in confidence and will not disclose, disseminate or use any Confidential Information, whether or not in written form. You agree that you shall treat all Confidential Information with at least the same degree of care as you accord your own confidential information. You further represent to Gary Bauer that you exercise at least reasonable care to protect your own confidential information. You understand and agree that any disclosure or misappropriation of any of Confidential Information at any time in violation of these Terms will cause us irreparable harm. Thus, you understand and agree that since monetary damages will not be sufficient to avoid all harm and/or compensate Gary Bauer for the unauthorized use or disclosure of the Confidential Information, injunctive or other equitable relief would be appropriate to prevent any improper actual or threatened use or disclosure of the Confidential Information or breach of this Agreement. Accordingly, you hereby consent to the entry of an injunction, without the need to post a bond, prohibiting any conduct by you in violation of this Agreement. Your obligations related to this Section shall survive the termination of your relationship with us.

 

  1. Limited Permission to Access Programs and Materials. Gary Bauer grants you permission to access programs and to download, view, copy and print the Materials received by you pursuant to an Order on any single, stand-alone computer solely for your personal, informational, and internal business use provided that: (i) Gary Bauer’s copyright and trademark notice appears in such Materials; (ii) Materials are not used by you on any website nor in a networked computer environment; and (iii) Materials are not modified in any way. Usernames and passwords utilized to obtain Materials or to access programs may not be shared with any third-parties. This permission terminates automatically without notice if you breach the Terms or any other agreement with Gary Bauer. Upon termination or expiration of an Order, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes.

 

  1. Returns, Refunds & Cancellations.

 

  • Return of Products. If you, for any reason, are not satisfied with the products included in an Order, you may return it for a full refund; provided: (i) the items(s) were not designated as non-returnable (e.g. record books); (ii) your return is made within fifteen (15) days of delivery; (iii) the products returned in the same condition as originally received by you; and (iv) the products are not obsolete or discontinued. For the sake of providing clarity, record books for entities are always non-returnable. Once the products are received by us, we will refund your purchase price, less the original shipping & handling charges. Your refund will be credited back to the same payment method used to make the applicable purchase.

 

  • Refund Policy for Programs & Courses. We want you to be satisfied with the programs and courses you have purchased. However, our representatives and those presenting or otherwise participating in a program or course cannot get back the time they spend related to the program; and you cannot un-know what you have experienced during a program or course. Therefore, we do not offer refunds for programs or courses, but under circumstances we may provide a credit that would allow you to participate in a future program our course, in our sole discretion.

 

  • Cancellation of Memberships. We want you to be satisfied with any membership you have purchased from us. Consequently, we put our best information into the modules, blogs, interviews and bonuses that are available to members. However, if at any time you wish to cancel a membership, please submit your request in writing to us. Following our receipt of your cancellation notice your membership no longer be renewed but you will remain a member during the remainder of the term of the relevant Order. Membership fees are non-refundable; therefore, if you cancel your membership during its term then you will not be eligible for a refund for the remaining portion of the term.

 

  • Cancellation Notice Required for Scheduled Communications. Certain products or services provide for live communications (i.e. phone calls) between you and one (or more) of our representatives. These communications will be scheduled by you and us, and fees associated with the same will be deemed earned by us immediately following the conclusion of the communication. However, in the event you fail to attend the communication or fail to provide at least 24 hours’ prior written notice if you need to reschedule the communication, then our obligations related to the communication will be deemed satisfied and all fees associated with the same will be deemed earned.

 

  1. Privacy Policy and Website Terms and Conditions. Please review our Privacy Policy and Terms and Conditions for any Gary Bauer-related website prior to accessing and content on such website(s). The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our websites or use of products or services, and the Terms and Conditions govern your use of our websites and their content generally.

 

  1. Representations & Warranties (“R&Ws”); Disclaimers; Limitations on Liability.

 

  • Buyer’s R&Ws. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the products and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying products or services from Gary Bauer for solely your own use, and not for resale or export.

 

  • No Warranty & Disclaimer. Subject to applicable law, we are providing the products and services to you “as is” without express or implied warranties of any kind (including without limitation any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise).

 

  • Liability Cap. UNDER NO CIRCUMSTANCES WILL GARY BAUERS’S OBLIGATION OR LIABILITY UNDER THESE TERMS EXCEED THE PURCHASE PRICE YOU PAID GARY BAUER FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND. FURTHER, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, PRODUCTS OR SERVICES OR ACCESS PROGRAMS OR MATERIALS, MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE WILL NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY PARTICIPANT IN A PROGRAM OR USER OF ANY OF OUR PRODUCTS OR SERVICES.

 

  1. Third-Party Beneficiaries. These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

 

  1. Force Majeure. Gary Bauer shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, pandemic, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.

 

  1. Assignment. Gary Bauer may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

 

  1. Partial Invalidity: In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

 

  1. Governing Law/Binding Arbitration:

 

  • Governing Law. These Terms shall be governed by the laws of the State of Nevada without regard to its conflict of laws principles.

 

  • Binding Arbitration. Subject to subsection (c) below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of three (3) arbitrators sitting in Clark, County, Nevada. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Nevada. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear all of its own costs, as well as your its attorney fees, actually incurred in connection with any such arbitration proceedings. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section 14(b) provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.

 

  • Small-Claims Option. Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within ninety (90) days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms.

 

  1. No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.

 

  1. Notices: We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on our website(s) (when relevant). You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by personal delivery, overnight courier, or registered or certified mail to 6440 Sky Pointe Dr., Ste. 140-106, Las Vegas, NV USA 89131.

 

  1. Entire Agreement: These Terms, along with any terms and conditions that may be provided in connection with any promotion or other sale (including an Order), and website Terms and Conditions and Privacy Policy, shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.