WE HAVE MADE EVERY EFFORT TO ACCURATELY REPRESENT THIS WEBSITE, AND SERVICES. WE PROVIDE ABSOLUTELY NO GUARANTEE THAT YOU WILL EARN ANY MONEY OR ACHIEVE A FINANCIAL GOAL USING THE METHODS, INFORMATION AND SUGGESTIONS IN THE CONTENT PROVIDED. ANY EXAMPLES OR DEMONSTRATIONS PROVIDED ARE IN NO WAY A GUARANTEE OR PROMISE THAT AN INDIVIDUAL WILL MAKE FINANCIAL GAINS OF ANY KIND. THE POTENTIAL FOR EARNINGS IS TOTALLY DEPENDENT ON THE PERSON USING OUR WEBSITE, SERVICES, METHODS AND IDEAS. THIS WEBSITE DOES NOT PROVIDE OR RECOMMEND A "GET RICH SCHEME" OR A "MAKE MONEY SCHEME".
IF REQUESTED VERIFICATION FOR ANY SPECIFIC CLAIMS OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE PROVIDED. YOUR ACTUAL LEVEL OF SUCCESS IN OBTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE METHODS AND IDEAS PROVIDED, YOUR OWN FINANCIAL RESOURCES, YOUR VARIOUS EXPERIENCES, SKILLS, KNOW HOW AND YOUR OWN KNOWLEDGE. ALL THESE FACTORS VARY FROM ONE INDIVIDUAL TO ANOTHER. WE CANNOT GUARANTEE THE RESULTS YOU OBTAIN OR YOUR SUCCESS OR YOUR INCOME LEVEL OR ANY OTHER OUTCOME YOU DESIRE. WE DO NOT TAKE ANY RESPONSIBILITY FOR YOUR ACTIONS.
CONTENT AND FUNCTIONALITY INCLUDED IN OUR SERVICES AND WEBSITE MAY CONTAIN INFORMATION THAT INCLUDE OR ARE BASED ON FORWARD-LOOKING STATEMENTS. FORWARD-LOOKING STATEMENTS INDICATE OUR FORECASTS OR EXPECTATIONS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO CURRENT OR HISTORICAL FACTS. THEY ALSO USE WORDS SUCH AS "EXPECT", "ANTICIPATE", "BELIEVE", "ESTIMATE", "PROJECT", "MAY", "POSSIBLE", "PLAN", "INTEND" AND OTHER WORDS, PHRASES AND TERMS OF SIMILAR MEANING IN RELATION WITH DESCRIPTIONS OF POTENTIAL OR POSSIBLE INCOME, EARNINGS OR OTHER FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS USED ON OUR WEBSITE OR ON ANY OF OUR SALES AND MARKETING CONTENT ARE SOLELY TO EXPRESS OUR OWN OPINION OF INCOME POTENTIAL. A LARGE NUMBER OF FACTORS WILL AFFECT YOUR FINANCIAL RETURNS AND ACTUAL RESULTS. WE PROVIDE NO GUARANTEES THAT YOU WILL OBTAIN RESULTS SUCH AS OURS OR ANYONE ELSE'S. IN FACT NO GUARANTEES ARE GIVEN THAT YOU WILL ACHIEVE ANY RESULTS WHATSOEVER FROM OUR WEBSITE, METHODS, SUGGESTIONS OR OUR OTHER CONTENT. ANY RESULTS OR FINANCIAL PERFORMANCE YOU MAY SEE ON OUR WEBSITE OR WITHIN ANY OF OUR CONTENT ARE NOT TYPICAL. YOUR RESULTS WILL VARY FROM OTHER PEOPLE'S.
YOU MUST DO YOUR OWN INDEPENDENT RESEARCH PRIOR TO ENGAGING IN ANY KIND OF BUSINESS ACTIVITY INCLUDING ANY ACTIVITY WHEN YOU HAVE EXPECTATIONS OF SPECIFIC RESULTS OR FINANCIAL RETURNS.
Every Member, Potential Member, Member, Interested Customer, or Subscriber of any sort, must fully read this legal disclaimer, understand, and agree, to the legal terms stipulated.
THERE ARE MAJOR RISKS IN INVESTING, INCLUDING AND NOT EXCLUSIVE OF TRADING ANY TRADING ONLINE, WHICH MAKES MANY SERVICES REPRESENTED HERE UNSUITABLE FOR EVERYONE.
I. Logging onto and using information provided on www.Befree.university or submitting an application for any of our services, Subscription-Based Services, etc. (hereafter referred to as "MEMBER", "SUBSCRIBER", OR "MEMBERSHIP"), you hereby agree unconditionally to the legal terms and condition stated here.
II. The website, www.Befree.university which is wholly-owned by of Be Free University, LLC., is an independent website providing information for affiliates, students, investors, ambassadors, online traders, and day trading "SUBSCRIBERS", ambassadors, etc., to distribute and exchange information in various forms on subjects including but not limited to Credit, Real Estate, Taxes, Investing, Wills, Estates, FOREX, Futures, and Equities Trading.
III.Information provided in any of the services provided by Be Free University, LLC, is solely for educational purposes only. As such, no legal responsibility is assumed by us, and the accuracy or reliability of information, quotes, opinions, or advice that results from any of our services is absolutely not guaranteed. Every "SUBSCRIBER" assumes sole legal responsibility for his or her decisions to follow suggestions made in any of our services to purchase Credit Services, Invest in Real Estate, BUY or SELL Stocks, FOREX Lots, Futures, or Equities.
IV. Be Free University, LLC, and any of our subsidiaries, do not guarantee or represent that any "SUBSCRIBER" who follow any suggestions or advice given in any of our services, will be making profits.
V. Be Free University, LLC,., its staff, ambassadors, affiliates and/or outsourcers, may hold positions in multiple, ventures including Stocks, FOREX Lots, Futures, or Equities, mentioned in any of the services we provide. We are not obliged in any way to reveal information about this including but not limited to the time of acquisition of real estate, Stocks, FOREX, Futures, or Equities, as well as the amount of the position held or the closing time of a position.
VI. We recommend that every "SUBSCRIBER" seeks information from his or her preferred financial or investment advisor before getting into investing and or trading Stocks, FOREX, Futures, or Equities. Therefore, Be Free University, LLC, is not providing, whatsoever, any professional services, whether financial or investment, and every potential "SUBSCRIBER" is recommended to seek fundamental education.
VII.I ("SUBSCRIBER") understand and agree that Be Free University, LLC, reserves the right to cancel my subscription at its absolute discretion, and no form of refund will be due to me for whatever reason. I also agree and understand that I reserve the right to cancel my membership by the terms stipulated in the TERMS & CONDITIONS page. I agree that deciding to terminate my 'MEMBERSHIP' before the expiration date of my current subscription entitles me to no form of credits or refunds for my unused 'SUBSCRIPTION' or 'MEMBERSHIP'. I understand that in the event that I cancel my 'MEMBERSHIP' prior to my current subscription period being completed, I am not entitled to any credits or refunds for my unused 'MEMBERSHIP' or 'SUBCRIPTION' term.
VIII. In addition, Be Free University, LLC, reserves the right to approve or deny the reactivation of a canceled membership. Moreover, Be Free University, LLC, is under no legal obligation to disclose reasoning for such denials.
IX. ('SUBSCRIBER' may hereinafter be referred to as 'I', 'MY', 'ME', 'YOU') I accept sole responsibility for any and all of my education, investing, day trading, online trading, or online trading decisions, and accept that such decisions are made by ME alone. All transactions that occur in MY accounts with MY preferred brokers, agents etc... are MY responsibility and I accept all legal responsibility for them. Heavy losses can be incurred when buying or selling FOREX, Stocks, Futures, or Equities, and YOU should carefully analyze YOUR financial condition to determine if real estate investing or trading FOREX, Stocks, Futures, or Equities Contracts, is financially prudent for you. I understand that real estate investing, buying or selling Stocks, FOREX, Futures, or Equities, can expose me to severe risks including the fact that I can suffer a loss of a percentage (if not 100%) of MY capital, cash, and/or assets pledged to investing, the trade Stocks, FOREX Lots, Futures Contracts, or Equities, through MY legal preferred broker and or agent.
X. I understand that as student Be Free University, LLC, is not responsible in any way, whatsoever, for any investing or trading transactions that occur in MY trading accounts between ME and MY preferred brokers or agents. I agree that there may be periods when the Market turns against ME, or unfavorable Market conditions arise which make it hard, if not impossible, for Me to liquidate a position, and I assume full legal responsibility should this occur. I agree that purchasing or selling Stocks, FOREX Lots, Futures, and Equities, stated in any of the services provided by Be Free University, LLC, may result in a profit or loss.
XI. I understand as an investor and/or trader that I am fully responsible for MY orders placed; MY orders filled; MY Tax Lien Certificates acquisitions, MY Real Estate Purchases, MY Wills, MY Trust, MY Health Care Directives, MY MY Stocks, FOREX Lots, Futures Contracts, or Equities, sold; MY Stocks, FOREX Lots, Futures Contracts, or Equities, bought; MY earned profits or MY incurred losses.
XII. I agree and understand that while the profits through the services provided can be substantial, I am also exposed to the risk of heavy losses of MY cash, capital, or assets, and therefore agree not to hold Be Free University, LLC, and any of its subsidiaries, responsible for any losses, no matter how large they may be. I understand that there may be other risks involved in the Buying/Selling of Real Estate, Stocks, FOREX, Futures, and Equities, not stated in this DISCLAIMER and it is my absolute legal responsibility to know, investigate, research, and assume, all additional risks inherent in investing and/or trading. I also agree that past performance of any of the services offered by Be Free University, LLC, should NOT be the basis for expected results of financial portfolio.
XIII. Be Free University, LLC, or any of its subsidiaries, will not be held responsible to 'SUBSCRIBERS', or any other parties, for incurred losses, costs or expenses, loss of use, and damages (consequential/incidental or both) resulting from mistakes in, omissions from, or changes to, information, links, downloaded material or other materials, a 'SUBSCRIBER' may receive or come into contact with, while accessing the website. We do not provide any guarantees for the accuracy or validity of information provided in any of our services generated from generally reliable sources due to the refusal of such companies to provide legal guarantees for their information.
XIV.The website, Befree.university, does not accept any liability or legal responsibility for, arising out of use, any real estate purchases, estate planning, credit repair, credit letters, investment, online trades, interpretation, or acceptance, of any information available on this website. YOU agree to access this website at your own risk and we do not provide any legal warranty that information available or obtained on this website is absolutely accurate and reliable, or that accessing our servers cannot expose YOU to viruses or other forms of harm. YOU understand that you are solely responsible for damage or costs arising from damage to YOUR computer and any of its components.
XV. YOU agree to refrain from copying, duplicating, and/or soliciting information, material, and other properties owned by Be Free University, LLC, or any of the services we provide unless we grant YOU prior written approval and consent.
XVI. YOU agree that the absolute risk of YOUR application of knowledge, understanding and merit and that lies solely with you and you accept full legal responsibility for it. You reserve the right to act upon or discard recommendations made in the services we offer and should YOU decide to act upon any of them then YOUR actions are solely YOUR legal decision and Be Free University, LLC, or any of its subsidiaries, will NOT be held responsible.
XVII. YOU are fully responsible for any risks inherent in your investments, estate planning, credit repair, trades, and any online techniques YOU develop by using any of our services can expose you to risks.
XVIII. Be Free University, LLC. reserves the legal right to review and make changes to its 'MEMBERSHIP' fees at any time it deems necessary without prior notification to subscribers of such adjustments.
XIV. We have a Zero Tolerance Policy for promotion of stocks, CPN, abusive language, any illegal activity or acts that we deem disruptive in any areas of our website. And, Be Free University, LLC, reserves the right to terminate 'SUBSCRIBERS' found guilty of this policy.
XV. Be Free University, LLC,. does not represent itself as an Investment Advisor, or investing in Stocks, Futures, Equities, Attorney, Accountant, or Credit Repair Specialist. We therefore do not provide any kind, whatsoever, of investing advice. We provide soley education, instruction and examples of past success, with the understanding that past successes do not guarantee future results.
Any opinions, news, research, analyses, prices, or other information offered by Be Free University, LLC, does not constitute investment advice. Be Free University, LLC, will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information.
SECTION ONE: INDEPENDENT AMBASSADOR STATUS 1.01 BECOMING AN INDEPENDENT AFFILIATE OR AMBASSADOR OR AMBASSADOR An applicant becomes an Independent Affiliate or Ambassador or Ambassador ("Independent Sales Representative") of Be Free University, LLC, when the applicant's completed Application and Agreement has been received and accepted by the Company, by Internet or by mail, at its Home Office. Company reserves the right to decline any Agreement for any reason, at its sole discretion.
Independent Affiliate or Ambassador uses his/her best effort to promote and sell products and services of Company to consumers pursuant to the Agreement contained within these Policies and Procedures and Terms and Conditions. In doing so, Independent Affiliate or Ambassador will maintain the high standards of honesty, and integrity and business ethics when dealing with Consumers, Company or other Company Independent Affiliates.
1.02 MEMBERSHIP FEES, CHARGES AND/OR PURCHASES
An initial fee, charge and/or purchase may required to become an Independent Affiliate. As an Independent Affiliate, you agree to pay and authorize automatic, recurring, billing of the membership fee by any available payment methods, until cancelled. Any automatic, recurring, billing of the membership fee is not refundable and will not be prorated. You authorize Company to initiate debit entries from the account provided and for the membership fee, as well as any other purchases made on the Site.
1.03 INDEPENDENT AFFILIATES OR AMBASSADOR OBLIGATIONS & RIGHTS
Independent Affiliates or Ambassador are authorized to sell Company products and services and to participate in the Independent Affiliate or Ambassador Compensation Plan. Independent Affiliates or Ambassador may sponsor new Independent Affiliates.
1.04 LEGAL AGE
Independent Affiliates or Ambassador must be of the legal age in the state / province / country of their residence.
When a couple sharing Independent Affiliate or Ambassador entity divorces or separates, Company will continue to pay commission checks in the same manner as before the divorce or separation until it receives written notice signed by both parties or a court decree which specifies how future commission checks should be paid, provided and if applicable, the couple has complied with the requirements of Section 5.03.
1.06 CORPORATIONS, PARTNERSHIPS & TRUSTS
Corporations, partnerships, limited liability companies or other forms of business organizations or trusts may become Independent Affiliates or Ambassador of Company when the Agreement is accompanied by a federal ID number.
Shareholders, directors, officers, partners, members, beneficiaries and trustees, as applicable of Independent Affiliate or Ambassador entity must agree to hold such title, and Company will hold each personally liable and bound by the Agreement and these Policies and Procedures and Terms and Conditions.
1.06 FICTITIOUS OR ASSUMED NAMES
A person or entity may not apply as Independent Affiliate or Ambassador using a fictitious or assumed name.
1.08 INDEPENDENT AFFILIATE OR AMBASSADOR STATUS
Independent Affiliates or Ambassador are Independent Contractors responsible for determining their own activities without direction or control by Company. They are not franchisees, joint venture, partners, employees or agents of Company and are prohibited from stating or implying, whether orally or in writing, otherwise. Independent Affiliates or Ambassador have no authority to bind Company to any obligation. Company is not responsible for payment or co-payment of any employee benefits. Independent Affiliates or Ambassador are responsible for liability, health disability and worker's compensation insurance. Independent Affiliates or Ambassador set their own hours and determine how to conduct business, subject to Company Agreement, the Policies and Procedures and Terms and Conditions.
As Independent Contractors, Independent Affiliates or Ambassador will not be treated as franchisees, owners, employees or agents of Company for federal or state tax purposes including, with respect to the Internal Revenue Code, Social Security Act, federal unemployment act, state unemployment acts or any other federal, state, or local statute, ordinance, rule or regulation. At the end of each calendar year, Company will issue to each Independent Affiliate or Ambassador an IRS Form 1099, as required by law, or other applicable documentation for non-employee compensation as an Independent Affiliate.
1.10 INDEPENDENT SALES REPRESENTATIVE IDENTIFICATION NUMBER
Independent Affiliates or Ambassador are required by federal law to obtain a Social Security number or Federal ID number. Independent Affiliates or Ambassador will be identified by this number, or a company assigned number, for purposes of Company's business. The Independent Affiliate or Ambassador Identification Number must be placed on all orders and correspondence with the Company.
1.11 LEGAL COMPLIANCE
Independent Affiliates or Ambassador must comply with all federal, state and local statutes, regulations and ordinances concerning the operation of their business. Independent Affiliates or Ambassador are responsible for their own managerial decisions and expenditures including all estimated income and self-employment taxes.
1.12 NO EXCLUSIVE TERRITORIES
No franchise is granted and there are no exclusive territories for sales or sponsoring purposes. No geographical limitations exist on sponsoring or selling within the United States; provided, however, that Company reserves the right not to sell product or services or contract with Independent Affiliates or Ambassador in specified states / provinces within United States.
SECTION TWO: TERM & RENEWAL
Subject to the terms of Section 4.01, the Agreement shall have a term which shall begin on the date of acceptance by Company and end one year from the date thereof (the "Anniversary Date").
Independent Affiliates or Ambassador must renew annually, on the Anniversary Date and Independent Affiliate or Ambassador has the right to decline to accept any renewal at its sole discretion. Company may require that Independent Affiliates or Ambassador execute a new Agreement upon renewal. Independent Affiliates or Ambassador not renewing by the renewal date shall be deemed to have voluntarily terminated their Independent Affiliate or Ambassador relationship with Company, and thereby lose their Independent Affiliate or Ambassador entity, all sponsorship rights, their position in the Compensation Plan and all rights to commissions and bonuses. Independent Affiliates or Ambassador who fail to renew their Independent Affiliate or Ambassador status may not reapply under a new sponsor for three (3) months after non-renewal.
SECTION THREE: SPONSORSHIP
Independent Affiliates or Ambassador may sponsor other Independent Affiliates or Ambassador into Company's business. Independent Affiliates or Ambassador must ensure that each potential new Independent Affiliate or Ambassador has reviewed and has had access to the current Policies and Procedures, Terms and Conditions and Compensation Plan prior to or when giving the individual an Agreement.
3.02 MULTIPLE AGREEMENTS
If an applicant submits multiple Independent Affiliates or Ambassador which list different sponsors, only the first completed Agreement received by Company will be accepted.
3.03 TRAINING REQUIREMENT
A Sponsor must maintain an ongoing professional leadership association with Independent Affiliates or Ambassador in his or her organization and must fulfill the obligation of performing a bona fide supervisory or sales function in the sale or delivery of products and services.
3.04 INCOME CLAIMS
Independent Affiliates or Ambassador must truthfully and fairly describe the Compensation Plan. No past, potential or actual income claims may be made to prospective Independent Affiliates, nor may Independent Affiliates or Ambassador use their own incomes as indications of the success assured to others. Commission checks may not be used as marketing materials. Independent Affiliates or Ambassador may not guarantee commissions or estimate expenses to prospects.
3.05 TRANSFER OF SPONSORSHIP
The company does not permit the transfer of sponsors. Network Marketing is a business of creating relationships. Once an Independent Affiliate or Ambassador is sponsored, the company believes in maximum protection of that relationship. The only exception is upon prior written approval of Company to correct ethical violations as determined at the sole discretion of Company.
3.06 CROSS SPONSORING
Independent Affiliate or Ambassador may not sponsor, or attempt to sponsor, any non personally sponsored Independent Affiliates or Ambassador in any other Network Marketing Company. In addition, no Independent Affiliate or Ambassador may participate in any action that causes another Independent Affiliate or Ambassador to be sponsored through someone else into another network marketing company.
3.07 CROSS RECRUITING WITHIN BE FREE UNIVERSITY.
An Independent Affiliate or Ambassador may not recruit, or attempt to sponsor, any nonpersonally sponsored Independent Affiliate/Customer, that are active or inactive, in BE FREE UNIVERSITY. (BFU), for less than six (6) months. Cross Recruiting another Independent Affiliate/Customer, will have a mandatory suspension of thirty (30) days, and commissions and/or bonuses will be forfeited. The suspension will precede an investigation, which may result in termination of the Independent Affiliate. BFU has a Zero Tolerance Policy, both for Cross Recruiting and Cross Sponsoring.
SECTION FOUR: RESIGNATION/TERMINATION
4.01 VOLUNTARY RESIGNATION
a) Independent Affiliate or Ambassador may voluntarily terminate his or her Independent Affiliate or Ambassador status by failing to renew or by sending thirty (30) days written notice of such resignation or termination to Company. Voluntary resignation is effective upon receipt of such notice by Company.
b) Independent Affiliate or Ambassador who resigns or terminates their Independent Affiliate or Ambassador status may reapply as Independent Affiliate, three (3) months after resignation.
Independent Sales Representative may be suspended for violating the terms of his or her Agreement, which includes these Policies and Procedures, the Terms and Conditions and the Compensation Plan and other documents produced by Company. When a decision is made to suspend Independent Sales Representative, Company will inform the Independent Sales Representative in writing that the suspension has occurred effective as of the date of the written notification, the reason for the suspension and the steps necessary to remove such suspension (if any). The suspension notice will be sent to the Independent Sales Representatives "address on file" pursuant to the notice provisions contained in the Policies and Procedures and Terms and Conditions. Such suspension may or may not lead to termination of the Independent Sales Representative as so determined by Company at its sole discretion. If the Independent Sales Representative wishes to appeal, Company must receive such appeal in writing within fifteen (15) days from the date of the suspension notice. Company will review and consider the suspension and notify the Independent Sales Representative in writing of its decision within thirty (30) days from the date of the suspension notice. The decision of Company will be final and subject to no further review. Company may take certain action during the suspension period, including, but not limited to, the following:
a) Prohibiting the Independent Sales Representative from holding himself or herself as Independent Sales Representative or using any of Company's proprietary marks and/or materials;
b) Withholding commissions and bonuses that are due the Independent Sales Representative during the suspension period;
c) Prohibiting the Independent Sales Representative from purchasing services and products from Company; and/or;
d) Prohibiting the Independent Sales Representative from sponsoring new Independent Sales Representatives, contacting current Independent Sales Representatives or attending meetings of Independent Sales Representatives. If Company, at its sole discretion, determines that the violation which caused the suspension is continuing, and has not satisfactorily been resolved or a new violation involving the suspended Independent Sales Representative has occurred, the suspended Independent Sales Representative may be terminated.
Independent Sales Representative may be immediately terminated for violating the terms of his or her Agreement, which includes these Policies and Procedures, Terms and Conditions and the Compensation Plan and other documents produced by Company upon written notice. Company may terminate a violating Independent Sales Representative without placing the Independent Sales Representative on suspension, at Company's sole discretion. When the decision is made to terminate Independent Sales Representative, Company will inform the Independent Sales Representative in writing at the address in the Independent Sales Representative's file that the termination has occurred.
If Independent Sales Representative wishes to appeal the termination, Company must receive the appeal in writing within fifteen (15) days from the date of notice of termination. If no appeal is received within the fifteen (15) day period, the termination will automatically be deemed final. If Independent Sales Representative files a timely notice of appeal, Company will review the appeal and notify the Independent Sales Representative of its decision within ten (10) days after receipt of the appeal. The decision of Company will be final and subject to no further review. In the event the termination is not rescinded, the termination will remain effective as of the date stated in the original termination notice.
4.05 EFFECT OF TERMINATION
Immediately upon termination, the terminated Independent Sales Representative:
a) Must remove and permanently discontinue the use of the trademarks, service marks, trade names and any signs, labels, stationary or advertising referring to or relating to any product, plan or program of Company.
b) Must cease representing themselves as Independent Sales Representative of Company;
c) Loses all rights to his or her Independent Sales Representative position in the Compensation Plan and to all future commissions and earnings resulting therefrom;
d) Must take all action reasonably required by Company relating to protection of Company's confidential information. Company has the right to offset any amounts owed by Independent Sales Representative to Company including, without limitation, any indemnity obligation incurred pursuant to Section 11.01 herein, from commissions or other compensation due to the Independent Sales Representative.
The acceptance of any reapplication of a terminated Independent Sales Representative or the application of any family member of a terminated Independent Sales Representative shall be at the sole discretion of Company and can be denied.
4.07 STATE LAWS
Where state laws on termination are inconsistent with this policy, the applicable state law shall apply.
SECTION FIVE: TRANSFERABILITY
5.01 ACQUISITION OF BUSINESS
Any Independent Sales Representative desiring to acquire an interest in another Independent Sales Representative's business must first terminate his or her Independent Sales Representative status and wait three (3) months before becoming eligible for such a purchase. All such transactions must be fully disclosed and must be approved by Company in advance.
5.02 TRANSFERS OF INDEPENDENT SALES REPRESENTATIVES
Except as expressly set forth herein, Independent Sales Representative may not sell, assign or otherwise transfer his or her Independent Sales Representative entity (or rights thereof) to another Independent Sales Representative or to an individual which has an interest in Independent Sales Representative entity. Notwithstanding the foregoing, Independent Sales Representative may transfer his or her Independent Sales Representative entity to his or her sponsor, subject to the conditions of Section 5.03 and 5.07. In such an event, the sponsor's entity and the transferring Independent Sales Representatives entity shall be merged into one entity.
5.03 CONDITIONS TO TRANSFERABILITY
Independent Sales Representatives may not sell, assign, merge or transfer his or her Independent Sales Representative entity (or rights thereto) without the prior written approval of Company and compliance with the following conditions:
a) Company possesses the right of first refusal with respect to any sale, assignment, transfer or merger of any Independent Sales Representative entity. Independent Sales Representative wishing to sell, assign, transfer or merge his or her Independent Sales Representative entity must first provide Company with the right and option to make such a purchase or receive such transfer in writing on the same terms and conditions as any outstanding or intended offer. Company will advise the Independent Sales Representative within ten (10) business days after receipt of such notice of its decision to accept or reject the offer. If Company fails to respond within the ten (10) day period or declines such offer, the Independent Sales Representative may make the same offer or accept any outstanding offer which is on the same terms and conditions as the offer to Company to any person or entity who is not Independent Sales Representative, married to, or a dependent of Independent Sales Representative or who has any interest in Independent Sales Representative;
b) The selling Independent Sales Representative must provide Company with a copy of all documents which detail the transfer, including, without limitation, the name of the purchaser, the purchase price and terms of purchase and payment;
c) An office administration transfer fee of 100 must accompany the transfer documents;
d) The documents must contain a covenant made by the selling Independent Sales Representative for the benefit of the proposed purchaser not to compete with the purchaser or attempt to divert or sponsor any existing Independent Sales Representative for a period of one (1) year from the date of the sale or transfer;
e) Upon a sale, transfer or assignment being approved in writing by Company, the buying Independent Sales Representative must assume the position and terms of agreement of the selling Independent Sales Representative and must execute a current Agreement and all such other documents as required by Company; and
f) Company reserves the right, at its sole discretion, to stipulate additional terms and conditions prior to approval of any proposed sale or transfer. Company reserves the right to disapprove any sale or transfer, where allowed by law.
5.04 CIRCUMVENTION OF POLICIES
If it is determined, at Company's sole discretion, that Independent Sales Representative entity was transferred in an effort to circumvent compliance with the Agreement, the Policies and Procedures, Terms and Conditions or the Compensation Plan, the transfer will be declared null and void. The Independent Sales Representative entity will revert back to the transferring Independent Sales Representative, who will be treated as if the transfer had never occurred from the reversion day forward. If necessary and at Company's sole discretion, appropriate action, including, without limitation, termination, may be taken against the transferring Independent Sales Representative to ensure compliance with the Policies and Procedures and Terms and Conditions.
Notwithstanding any other provision of this Section, upon the death of Independent Affiliate, the Independent Affiliate-ship will pass to his or her successors in interest as provided by law. However, Company will not recognize such a transfer until the successor in interest has executed a current Agreement and submitted certified copies of the death certificate, will, trust or other instrument required by Company. The successor will thereafter be entitled to all the rights and be subject to all the obligations of a Company Independent Affiliate.
Any Independent Affiliate or Ambassador who transfers his or her Independent Affiliate or Ambassador Center must wait for three (3) months after the effective date of such transfer before becoming eligible to reapply to become an Independent Affiliate.
5.07 TRANSFERABILITY OF SPONSORSHIP WHEN A CANCELLED/INACTIVE AMBASSADOR HAS A PERSONAL AMBASSADOR/CUSTOMER WHO IS LEFT WITHOUT A SPONSOR.
When an Independent Business Owner (AMBASSADOR)/Ambassador cancels his/her membership with Be Free, and/or becomes an Inactive AMBASSADOR*, as per BFU Policies and Procedures, the AMBASSADOR has three (3) months to renew his/her membership with BFU, in order to maintain his/her current position with BFU. The three (3) months period will provide the Sponsor, of the Cancelled/Inactive AMBASSADOR, time to work with him/her, to renew his/her membership with BFU, and reactivate his/her BFU account. If after the three (3) month period, the Cancelled/Inactive AMBASSADOR does not renew his/her membership with BFU, his/her current position with IML is forfeited, and any personal AMBASSADOR and/or Customer, will move up to the next Active AMBASSADOR, who in turn will become the New Sponsor. There will be NO changing of placement in the Unilevel Tree, and there will be NO exceptions to this rule. *Inactive AMBASSADOR is an AMBASSADOR who has not paid his/her AMBASSADOR Kit within the last 30 days.
5.08 TEN (10) Day Placement Rule
When a new AMBASSADOR or Customer signs up in IML, the Direct Sponsor of the new AMBASSADOR or Customer has the ability to place the new AMBASSADOR or Customer, in the Direct Sponsor Unilevel Tree, from the Back Office under the Placement Menu. Only the Direct Sponsor of the new AMBASSADOR or Customer is able to place a new AMBASSADOR or Customer on their Unilevel Tree, by entering the ID number under whom they would like to place the new AMBASSADOR or Customer. The Direct Sponsor may only place the new AMBASSADOR or Customer below another AMBASSADOR or Customer, on the Direct Sponsor Unilevel Tree. The Direct Sponsor may not place the new AMBASSADOR or Customer, above or in between any existing AMBASSADOR or Customer. After seven (10) days, the Direct Sponsor or the AMBASSADOR will not be able to make any placement changes. If the Direct Sponsor fails to place the new AMBASSADOR or Customer within seven (10) days of the new AMBASSADOR or Customer signing up with IML, the new AMBASSADOR or Customer will automatically be placed on the Direct Sponsor First Level.
SECTION SIX: PROPRIETARY INFORMATION
6.01 CONFIDENTIALITY AGREEMENT
During the term of the Agreement, Company may supply to Independent Affiliates or Ambassador confidential information, including, but not limited to genealogical and Downline reports, customer lists, customer information developed by Company or developed for and on behalf of Company by Independent Affiliates or Ambassador (including, but not limited to, credit data, customer and Independent Affiliate or Ambassador profiles and product purchase information), Independent Affiliate or Ambassador lists, manufacturer and supplier information, business reports, commission or sales reports and such other financial and business information which Company may designate as confidential. All such information (whether in written or electronic format) is proprietary and confidential to Company and is transmitted to Independent Affiliates or Ambassador in strictest confidence on a "need to know" basis for use solely in Independent Affiliates or Ambassador business with Company. Independent Affiliates or Ambassador must use their best efforts to keep such information confidential and must not disclose any such information to any third party, or use this information for any non-company activity directly or indirectly while an Independent Affiliate or Ambassador and thereafter. Independent Affiliates or Ambassador must not use the information to compete with Company or for any purpose other than promoting Company's program and its products and services. Upon expiration, non-renewal or termination of the Agreement, Independent Affiliates or Ambassador must discontinue the use of such confidential information and promptly return any confidential information in their possession to Company.
6.02 COPYRIGHT RESTRICTIONS
With respect to product purchases from Company, Independent Affiliates or Ambassador must abide by all manufacturers' use restrictions and copyright protections.
6.03 VENDOR CONFIDENTIALITY
Company's business relationships with its vendors, manufacturers and suppliers are confidential. Independent Affiliates or Ambassador must not contact, directly or indirectly, or speak to, or communicate with any supplier or manufacturer of Company except at Company sponsored events at which the supplier or manufacturer is present at the request of Company.
SECTION SEVEN: TRADEMARKS, LITERATURE & ADVERTISING
Companies name trademarks, service marks and copyrighted materials are owned by the Company. The use of such marks and materials must be in strict compliance with these Policies and Procedures.
7.02 ADVERTISING & PROMOTIONAL MATERIALS
Only the promotional and advertising materials produced by Company or approved in advance in writing by Company may be used to advertise or promote an Independent Affiliate's business or to sell products and services of Company. Company's literature and materials may not be duplicated or reprinted without the prior written permission.
7.03 USE OF COMPANY NAME
Independent Affiliates or Ambassador may use the name of Company only in the following format: "Independent Affiliate or Ambassador for BE FREE UNIVERSITY" “Independent Ambassador for BE FREE UNIVERSITY” “AMBASSADOR for BE FREE UNIVERSITY”
7.04 STATIONERY AND BUSINESS CARDS
Independent Affiliates or Ambassador or Ambassador are permitted to "create" their own stationery, business cards or letterhead graphics, however if Company's trade name or trademarks are used, this stationery must be submitted for approval. Only the approved Company's graphics version and wording are permitted; letterhead, envelopes and business cards must otherwise be ordered using the online/stationery order form.
7.05 ELECTRONIC ADVERTISING
Independent Affiliates or Ambassador may advertise or promote their Independent Affiliate or Ambassador business or Company's business, products or marketing plan or use Company's name in any electronic media or transmission, including on the Internet via web sites or otherwise.
7.06 TELEPHONE LISTING
Independent Affiliates or Ambassador are not permitted to use Company's trade name in advertising their telephone and telecopy numbers in the white or yellow page sections of the telephone book. Independent Affiliates or Ambassador are not permitted to list their telephone numbers under Company's trade name without first obtaining Company's prior written approval. If approval is granted for an "800" listing, it must be stated in the following manner: "Independent Affiliate or Ambassador for Company".
7.07 TELEPHONE ANSWERING
Independent Affiliates or Ambassador may not answer the telephone by saying “Be Free University” or in any other manner that would lead the caller to believe that he or she has reached the offices of the Company.
7.08 IMPRINTED CHECKS
Independent Affiliates or Ambassador are not permitted to use Company trade name or any of its trademarks or service marks on their business or personal checking accounts.
7.09 MEDIA INTERVIEWS
Independent Affiliates or Ambassador are prohibited from granting radio, television, newspaper tabloid or magazine interviews or using public appearances, public speaking engagements, or making any type of statement to the public media to publicize the Company, its products or Company businesses, without the express prior written approval of Company. All media inquiries should be in writing and referred to Company's corporate office, legal department.
No endorsements by a Company officer or administrator or third party may be asserted, except as expressly communicated in Company literature and communications. Federal and state regulatory agencies do not approve or endorse direct selling programs. Therefore, Independent Affiliates or Ambassador may not represent or imply, directly or indirectly, that Company's programs, products or services have been approved or endorsed by any governmental agency.
Independent Affiliates or Ambassador may not produce or reproduce for sale or personal use products sold by Company or any Company-produced literature, audio or video material, presentations, events or speeches, including conference calls. Video and/or audio taping of Company meetings and conferences is strictly prohibited.
7.12 REPACKAGING PROHIBITED
Independent Affiliates or Ambassador may not repackage products or materials of Company.
7.13 INDEPENDENT COMMUNICATIONS
Independent Affiliates, as Independent Contractors, are encouraged to distribute information and direction to their respective Downlines. However Independent Affiliates or Ambassador must identify and distinguish between personal communications and the official communications of Company.
SECTION EIGHT: PAYMENT OF COMMISSIONS
8.01 BASIS FOR COMMISSIONS
Commissions and other compensation cannot be paid until a completed Agreement has been received and accepted by Company. Commissions are paid ONLY on the sale of Company services and products. No commissions are paid on the purchase of Sales materials or for Sponsoring Independent Affiliates. In order to receive commissions on products and services sold, Company must have received and accepted an Agreement prior to the end of the commission period in which the sale is made.
8.02 COMMISSION PERIOD
A business period refers to the time period opening on the first (1st) day of the commission period and extending up until order entry closes on the last business day of the period (5:00 p.m.). Company offices are open Monday through Friday 9 a.m.-5 p.m., with the exception of certain holidays as posted by Company.
8.03 COMMISSION PAYMENTS
Commissions are paid to "qualified" Independent Affiliates or Ambassador as defined within the Compensation Plan. Independent Affiliates or Ambassador must consult the Compensation Plan for a detailed explanation of the benefits, commission structure and requirements of the Compensation Plan.
8.04 OFFSET OF COMMISSIONS
Any commissions or bonuses earned and paid on products returned is the obligation of and must be repaid to Company by Independent Affiliates or Ambassador earning such commissions. Company has the right to offset such amounts against future commissions and other compensation paid or owed to such Independent Affiliates or Ambassador who received commissions.
8.05 PAYMENT OF BONUSES AND COMMISSIONS
In order for any member or Independent Affiliate or Ambassador to receive any bonuses or commissions from the Company, the member or Independent Affiliate or Ambassador must be "Active" and in "Good Standing". "Active" refers to a member or Independent Affiliate or Ambassador that is paying their monthly subscription and using the products and services of the Company on a regular basis. "Good Standing" refers to a member or Independent Affiliate or Ambassador that does not owe any monies to the Company.
8.06 INACTIVE AMBASSADOR
If you missed your weekly commissions, because your AMBASSADOR Kit subscription was not paid on your billing date* causing you to become an Inactive AMBASSADOR before BFU paid the weekly commissions period, BFU is not obligated to make any commissions adjustments because you missed your payment on your billing date*. It is very important that you understand that if you are an Active AMBASSADOR on the week that commissions are being paid on, but you become an Inactive AMBASSADOR on the week that commissions are paid, your will not be paid that week. Please note that only you, not BFU, are fully responsible to make sure your AMBASSADOR Kit subscription payment is processed on your billing date*. *Billing Date = Date you signed-up with IML.
SECTION NINE: PURCHASE & SALE OF SERVICES
9.01 PAYMENT OPTIONS
Payments made by credit card may be subject to up to a 24 hour hold during this period we cannot guarantee your placement in the referral network until payment is authorized. If an underpayment is made, the order will not be processed until the full amount is received by Company. If an overpayment is made, Company will process the order and issue a credit to Independent Affiliate's account, which will automatically refund on the next commission check paid to Independent Affiliate. Orders will not be processed if cancellation of a credit card is made. Orders for services are not effective until accepted by Company.
9.02 PROMOTIONAL ITEMS
All promotional items which bear Company name or logo must be purchased solely from Company unless prior written permission is obtained from Company.
9.03 SERVICES CLAIMS
Independent Affiliates or Ambassador may make no claim, representation or warranty concerning any service of Company, except those expressly approved in writing by Company or contained in official Company materials.
9.04 FAX BLASTS, SPAMMING
Fax blasting and unsolicited e-mailing (SPAMMING) is prohibited.
SECTION TEN: GUARANTEE & REFUND POLICY
10.01 MONEY BACK GUARANTEE
The Company offers a five (5) day, 100% Money Back, and Satisfaction Guarantee to all subscribers. The five (5) days, 100% Money Back Guarantee, starts from the date of purchase, includes weekends, and only applies to the initial purchase of a Gold or Platinum Package. If a subscriber is dissatisfied with the service for any reason, the subscriber may receive a refund within five (5) days of the subscriber's initial purchase, for a full refund of the purchased price. All other warranties and guarantees are disclaimed. After five (5) days, your purchase will no longer be refundable. The Company offers a five (5) days Money Back Guarantee for all subscription payments made to Be Free University, LLC. This includes the date the subscription is due, includes weekends, and only applies to monthly subscription payments. If a subscriber is dissatisfied with the service for any reason, the subscriber may receive a refund within five (5) days of the subscriber's monthly subscription, for a full refund of the subscription price. All other warranties and guarantees are disclaimed. After five (5) days, your purchase will no longer be refundable.
Except as expressly stated herein, Company makes no warranty or representation as to the merchantability, fitness for a particular purpose, workmanship or any other warranty concerning any product or service purchased from or through Company.
10.03 BUYER'S RIGHT TO CANCEL
Federal law grants a buyer the right to cancel certain sales without penalty prior to midnight of the third business day after the transaction. This rule covers retail consumer sales of 25 or more that occur away from the seller's main office. Independent Affiliates or Ambassador must orally inform the buyer of the three-day right to cancel at the time the buyer purchases the goods and deliver 2 three-day cancellation notices to every customer.
SECTION ELEVEN: GENERAL PROVISIONS
11.01 INDEMNITY AGREEMENT
Each and every Independent Affiliate or Ambassador agrees to indemnify and hold harmless Company, its shareholders, officers, directors, employees, agents and successors in interest from and against any claim, demand, liability, loss, cost or expense including, but not limited to, court costs and attorneys' fees, asserted against or suffered or incurred by any of them, directly or indirectly arising out of or in any way related to or connected with allegedly or otherwise, the Independent Affiliates or Ambassador (a) activities as Independent Affiliate; (b) breach of the terms of the Agreement; and/or (c) violation of or failure to comply with any applicable federal, state or local law or regulation.
11.02 PROCESSING CHARGES
Company reserves the right to institute a processing charge for commission checks and/or genealogy requests.
11.03 OTHER SERVICES
Independent Affiliates or Ambassador may not promote or sell another company's services at functions organized to feature Company and it's products/services. Independent Affiliates or Ambassador are not restricted from selling the services and products of other companies, however promotion of any other companies' services, products and/or business programs to Company Independent Affiliates or Ambassador or Customers is strictly prohibited.
To the extent permitted by law, Company shall not be liable for, and each Independent Affiliate or Ambassador releases Company from, and waives all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by Independent Affiliate or Ambassador as a result of (a) the breach by Independent Affiliate or Ambassador of the Agreement and/or the Terms and Conditions and/or the Policies and Procedures; (b) the operation of Independent Affiliate's business; (c) any incorrect or wrong data or information provided by Independent Affiliate; or (d) the failure to provide any information or data necessary for Company to operate its business, including, without limitation, the enrollment and acceptance of Independent Affiliate or Ambassador into the Compensation Plan or the payment of commissions and bonuses.
11.05 RECORD KEEPING
Company encourages all Independent Affiliate or Ambassador to keep complete and accurate records of all their business dealings.
11.06 FORCE MAJEURE
Company shall not be responsible for delays or failure in performance caused by circumstances beyond a party's control, such as but not limited to: fire, flood, earthquake, storm, power outages, labor difficulties, strikes, war, government decrees or orders and/or curtailment of a party's usual source of supply.
It is the obligation of every Independent Affiliate or Ambassador to abide by and maintain the integrity of the Policies and Procedures and Terms and Conditions. If Independent Affiliate or Ambassador observes another Independent Affiliate or Ambassador committing a violation, he or she should discuss the violation directly with the violating Independent Affiliate. If the Independent Affiliate or Ambassador wishes to report such violation to Company, he or she must detail violations in writing only and mark the correspondence "Attention: Legal Department".
Company reserves the right to amend the Agreement, Policies and Procedures, Terms and Conditions, its retail prices, product and service availability and the Compensation Plan type at any time without prior notice as it deems appropriate. By entering into the Independent Affiliate or Ambassador Agreement, an Affiliate agrees to abide by all amendments or modifications that Company elects to make. Amendments will be communicated to Independent Affiliate or Ambassador through official Company notifications such as, but not limited to, posting on Company website, posting in Independent Affiliate or Ambassador back office, e-mail, special mailings or publications. Amendments are effective and binding upon submission to the Company website. In the event any conflict exists between the original documents or policies and any such amendment, the amendment will control. The continuation of an Independent Affiliate or Ambassador business, the acceptance of any benefits under the Agreement, or acceptance of commissions from the sale of products or services constitutes acceptance of all amendments.
11.09 NON-WAIVER PROVISION
No obligation or provision herein, and no custom or practice of the parties at variance with these Policies and Procedures, shall constitute a waiver of Company's right to demand exact compliance with these Policies and Procedures. Company's waiver of any particular default by Independent Affiliate or Ambassador shall not affect or impair Company's rights with respect to any subsequent default, nor shall it affect in any way the rights or obligations of any other Independent Affiliate. No delay or omissions by Company to exercise any right arising from a default effect or impair Company's rights as to that or any subsequent or future default. Waiver by Company can be affected only in writing by an authorized officer of Company.
11.10 GOVERNING LAW
The Agreement and these Policies and Procedures shall be governed by the laws of GARY, IN United States.
In the event a dispute arises between the Company and a Independent Affiliate or Ambassador regarding their respective rights, duties under this agreement, or in the event of a claim of breach of the Independent Affiliate or Ambassador Agreement, it is agreed that such dispute shall be exclusively resolved pursuant to binding arbitration under the Commercial Rules of the American Arbitration Association with arbitration to occur at GARY, IN, United States. The Arbitrator may award, in addition to declaratory relief, contractual damages and shall award reasonable attorney's fees and costs to the prevailing party. An award of attorney's fees and costs shall continue through any review, appeal or enforcement of an arbitration decision. The arbitration decision may be enforced in any court of competent jurisdiction. This provision shall not be construed so as to prohibit either party from obtaining preliminary or permanent injunctive relief in any court of competent jurisdiction. The parties each expressly waive their right to collect consequential, punitive and exemplary damages from the other party.
11.12 ENTIRE AGREEMENT
The Policies and Procedures are incorporated into the Agreement and, along with the Terms and Conditions and Compensation Plan, constitute the entire agreement of the parties regarding their business relationship.
If under any applicable and binding law or rule of any applicable jurisdiction, any provision of the Agreement, including these Policies and Procedures and Terms and Conditions, or any specification, standard or operating procedure which Company has prescribed is held to be invalid or unenforceable, Company shall have the right to modify the invalid or unenforceable provision, specification, standard or operating procedure or any portion thereof to the extent required to be valid and enforceable, and the Independent Affiliate or Ambassador shall be bound by any such modification. The modification will be effective only in the jurisdiction in which it is required.
11.14 LIMITATION OF DAMAGES
TO THE EXTENT PERMITTED BY LAW, COMPANY AND ITS INDEPENDENT AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES, SHALL NOT BE LIABLE FOR, AND INDEPENDENT AFFILIATE OR AMBASSADOR HEREBY RELEASE THE FOREGOING FROM, AND WAIVE ANY CLAIM FOR LOSS OF PROFIT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY ARISE OUT OF ANY CLAIM WHATSOEVER RELATING TO COMPANY PERFORMANCE, NONPERFORMANCE, ACT OR OMISSION WITH RESPECT TO THE BUSINESS RELATIONSHIP OR OTHER MATTERS BETWEEN ANY COMPANY AND COMPANY, WHETHER SOUNDING IN CONTRACT TORT OR STRICT LIABILITY. COMPANY SHALL NOT EXCEED AND IS HEREBY EXPRESSLY LIMITED TO, THE AMOUNT OF UNSOLD COMPANY SERVICES AND/OR PRODUCTS OF COMPANY OWNED BY THE INDEPENDENT AFFILIATE OR AMBASSADOR AND ANY COMMISSIONS OWED TO THE INDEPENDENT AFFILIATE.
Any communication, notice or demand of any kind whatsoever which either the Independent Affiliate or Ambassador or Company may be required or may desire to give or to serve upon the other shall be in writing and delivered by electronic communication whether by telex, telegram, Email or telecopy (if confirmed in writing sent by registered or certified mail, postage prepaid, return receipt requested). Any such communication, notice or demand shall be deemed to have been given or served on the date of confirmed dispatch, if by electronic communication, or on the date shown on the return receipt or by other evidence if delivery is by mail.
11.16 USE OF MATERIAL
All materials included on the IM mastery academy™ websites and any other content are protected by copyright, trademark and other laws as property of the International Markets Live Corporation & any of its subsidiary entities, unless otherwise noted. Unauthorized use of the logo, branding, or any such company materials violates copyright, trademark and other laws. As an Independent Business Owner, you may download and or print the company approved materials for use only. Copies that you make of the material must bear any copyright, trademark or other proprietary notices located on the IM mastery academy™ websites, presentations, and or social media which pertain to the material being copied. Any other sale, modification, reproduction, re-distribution, publication or re-transmission of any information from the IM mastery academy™ in whole or in part without the prior written permission of the Parent Corporation, is strictly prohibited.Office:BE Free University
631 Allen St
Gary, IN 46403
Please note that any inquiries into Rank, Commissions Earnings/Payments, Placement Requests, 2 and Free Status, and Cancellation/Refund Requests CANNOT be handled over the phone You will need to submit a support ticket.
ACCEPTANCE OF TERMS THROUGH USE By using this site or by clicking "I agree" to this Agreement, you ("User") signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click "I agree". Please check this Agreement periodically for changes as the owner of this site ("Company") reserves the right to revise this Agreement. In the event of a change to this Agreement, your continued use of this site following the posting of any changes constitutes acceptance of such changes. The Company reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement. YOU MUST BE 18 OR OLDER TO AGREE TO THIS AGREEMENT AND USE THIS SITE This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18 to access this site, he or she should email the Company with his or her explicit permission and acceptance of full legal responsibility. If you are not yet 18 or are accessing this site from any country where this material is prohibited, please exit now as you do not have proper authorization.
LICENSE TO USE THIS SITE Upon your agreement, Company hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement. You agree not to make any false or fraudulent statements as you use this site. You acknowledge and agree that all content and services available on this site are property of the Company and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors. You agree to pay for any and all purchases and services using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorneys fees resulting from any non-payment. Legal proceedings shall be conducted in English. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.
LICENSE RESTRICTIONS USE Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. Security You agree that if you are issued a Username and Password by the Company, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by an unauthorized party and by using a secure Username and Password not easily guessed by a third party. You agree that you shall not try to reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors. Export You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation or local or foreign export laws and/or without all required U.S. and foreign government licenses. Government Use If you are a branch or agency of the U.S. Government, the following provision applies. This site, code, contents, services and accompanying documentation are comprised of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisitions by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisitions by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995. Unpublished rights reserved under the copyright laws of the United States. Errors and Corrections While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us and we’ll verify it for you.
You also agree that you shall not harvest or collect information about the users of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate parental consent.
This site generally does not pre-screen, monitor, or edit the content posted by users of this site. However, this site and its agents have the right, at their sole discretion, to remove any content that, in this site’s sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in removing such content.
You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this site for such disclosure.
INTELLECTUAL PROPERTY RIGHTS
THIRD PARTY SITES You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read their Terms and Conditions and/or Privacy Policies before using such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of the Company and are not monitored or reviewed by the Company. The inclusion of such a link or frame does not imply endorsement of this site by the Company, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that the Company and its licensors have no liability whatsoever from such third party sites and your usage of them.
INDEMNIFICATION Your agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claim, and expenses, including attorney’s fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. The Company reserves the right, at it’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses
MISCELLANEOUS This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law are held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.
This site reserves the right to revise these provisions at its discretion, so check back from time to time to be sure you are complying with the current version.
Independent Business Owner (AMBASSADOR) Agreement General Terms and Conditions A. THE INDEPENDENT BEAUTY CONSULTANT AGREES: 1. To promote and sell Be Free University products only to direct consumers and not to resellers. 2. To maintain the highest standards of integrity, honesty and responsibility in dealings with the Company, consumers and other AMBASSADORs. To present Be Free University products in a truthful and sincere manner and hold the Company harmless from damages resulting from misrepresentations by me. 3. To protect the Be Free University trademarks and trade name by obtaining the Company’s written permission prior to my use in any advertising (including but not limited to the Internet) or literature other than Company-published material. I understand that the obligations in this paragraph survive the termination of this Agreement. 4. As an independent contractor, to assume sole liability for all self-employment (Social Security) taxes, tax filings and registrations legally required by my activities as an Independent Business Owner and to abide by all federal, state and local laws governing my Be Free business, including anti-spam, privacy and other consumer protection laws. 5. I am not a joint venturer with, or franchisee, partner, agent or employee of Company. I have no power or authority to incur any debt, obligation or liability on behalf of Company. I understand that all Independent Business Owners and Affiliates are independent contractors and are subject to this provision. 6. When presenting the Be Free opportunity to do so in a truthful and sincere manner and ensure that any prospective student, customer or AMBASSADOR, recruited by me is the age of 18 years or older and receives education and materials related to a Be Free business upon submission of an Agreement. 7. To keep my contact information on file with the Company up-to-date, including my current address and phone number. I agree that Company may release my name and telephone number in response to a customer’s request for an AMBASSADOR in my area. If this information is not to be released, I agree to notify Company that I do not want this information released. 8. To keep the personal information of other AMBASSADOR, customers, and potential customers that I obtain as a result of, or in connection with, my Be Free business secure and not to disclose or share this information with others without express permission from the individual. I further agree to treat any and all personal information received by me directly or indirectly from the Company as highly confidential and to not disclose it to others without the express authorized written permission of the Company. 9. To abide by the terms, conditions and guidelines of all tools and services that the Company makes available and that I use to support my business. 10.To comply with any changes to the General Terms and Conditions of the Independent Business Owner Agreement that may be made by the Company. The Company may change suggested retail prices, discounts, commissions, shipping and handling charges, contest rules and active status requirements at any time, which become effective after the Company has provided 10 days’ written notice of the changes by posting on the Company website(s). 11.I may not delete, add, modify, tamper with, or alter any labels, material, or packaging for Be Free products or associated product literature. 12.I agree to provide truthful and accurate information to my customers and potential customers regarding Be Free products and services, and will answer questions, and teach customers how to use the products using product information and educational tools approved and provided by the Company for use by Independent Business Owners. I will provide contact information to my customers sufficient to allow them to contact me in the event the customer has questions about a product or a product purchase.
B. BE FREE UNIVERSITY, LLC. (“COMPANY”) AGREES: This Agreement is subject to acceptance by Company at its corporate headquarters in Gary, Indiana, through issuance of a Notice of Acceptance. Such acceptance is conditioned upon receipt of a log in and password by a customer, affiliate or AMBASSADOR. This Agreement shall be governed by the laws of the State of Indiana as to all matters. The parties further agree that if any dispute or controversy arises between them concerning any matter relating to this Agreement that any issues which either party may elect to submit for legal jurisdiction shall be submitted to the jurisdiction of the courts of the State of Indiana, with the exception of any dispute or controversy arising out of or relating to the use or misuse of Be Free intellectual property, which dispute may, at the sole discretion of the Company, be submitted to the exclusive jurisdiction of the Federal District Court . The parties agree that the venue for any state court action shall be Gary, Lake County, Indiana and that the venue for any federal court action shall be the Federal District Court for Northwest Indiana.
This Agreement is not subject to alteration, modification or change, except in writing, signed by an authorized executive of the Company and shall not be deemed to be changed, modified or altered by reason of any advice, suggestions, guides or sales aids furnished by the Company to the AMBASSADOR. This Agreement shall be effective from the date of acceptance until December 31 of the same year and shall thereafter be automatically renewed each January 1, for additional terms of one year each, provided that the Agreement may be terminated by either party effective immediately for any breach of its provisions or by either party at any time during the initial term or any renewal term by not less than thirty (30) days written notice. This is the sole and only Agreement between the parties relating to the subject matter hereof, and both parties acknowledge that the AMBASSADOR is not an employee of Company and will not be treated as an employee with respect to this Agreement for federal, state or local tax purposes, or otherwise.