TERMS AND CONDITIONS
Last Revised: 5/31/2024
THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO ANY I BIZ 2U FACE-TO-FACE TRAINING, E-LEARNING COURSES, OR CUSTOM MATERIALS CONTEMPLATED FOR HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION IN ORDER TO RESOLVE DISPUTES AS SET FORTH IN SECTION 13. 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 THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; (C) YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT; AND (D) YOU 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.
- Applicability.
These terms and conditions, including any policies, rules and other terms that are expressly incorporated herein by reference (collective, these "Terms") shall apply to your purchase and use of any I Biz 2U face-to-face training, e-learning courses, or custom materials, whether “Hell Bent to Sell” products or “EQ Navigator” products (collectively, the “Materials”) through www.hellbenttosell.com (the "Site") and set forth a legally binding agreement between you (referred to herein as either “Customer”, “you”, or “your”) and I Biz 2U, LLC and its affiliates including “Hell Bent to Sell” and “EQ Navigator” (collectively, referred to herein as either “I Biz 2U”, “Company,” “we,” “us,” or “our”). If you are agreeing to these Terms on behalf of your company or other legal entity then, “Customer” or “you” or “your” shall refer to such entity and its affiliates, and you represent that you have the authority to bind such entity and its affiliates to these Terms and you are binding your company to these Terms. These Terms are subject to change at any time without prior written notice by us. The most recent version shall be posted for your review at any time on the Site. BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR BY USING OR ACCESSING I BIZ 2U TRAINING MATERIAL OR THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. Your continued use of the Materials and Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
- Ordering and Booking Information.
Standard training. Standard Materials can be ordered via the booking forms available on the Site. When you submit a booking form, your submission represents an offer for the Company to accept you into the course you selected. Upon submission of the Materials booking form you will receive an automated summary email of your selection. This automated summary does not constitute acceptance of your order by us. We reserve the right to accept or reject any order in our own discretion. Should we elect to accept your offer, we will enter your booking onto the I Biz 2U system and send you an email confirming that you have been booked, together with information on getting started with your Materials.
- Private Sessions. Some Materials come with private sessions which will be outlined in your confirmation letter. Unless otherwise agreed, it is the client’s responsibility to schedule via the scheduling link and call the assigned coach. Each session will be conducted via Zoom, unless otherwise agreed to by both parties. The number of sessions and duration of call are outlined in your confirmation letter. Sessions should be spaced every 7-10 days to allow you time to complete the integration work and action items. For coaching purposes only, all private sessions may be recorded digitally and provided to you after your coaching session. Your coach will keep these files only for the duration of this agreement. All files will then be destroyed. These recordings are entirely for the benefit of the coach/client relationship.
- Group Calls. Some Materials provide access to group calls, as outlined in your confirmation letter. Any reference to “Infinite access” refers to the access provided to Customers for remote group meetings and does not guarantee the perpetual existence of these services. The access to Group calls is non-transferable and non-assignable. Participants agree not to transfer or assign their access to any other individual or entity. For group coaching sessions, you hereby agree your likeness and images, either in audio, video, or photos may be used for educational, marketing, or any purpose that we deem fit without your prior approval.
Custom Training. Custom Materials are available at the discretion of the Company. Any custom Materials prepared are subject to the Terms set forth herein. To inquire about a custom training engagement, please submit a Statement of Work form on the Site, and a member of the Company will contact you with details, either confirming or rejecting your request.
- Payment.
Fees for Materials can be paid at the point of booking via I Biz 2U credit card online payment process or PayPal's secure online payment process if you are located in the United States. In all other cases, a representative of the Company will contact you regarding payment by bank account transfer. In all cases, payment must be received prior to the start of training. Payments made by I Biz 2U credit card online payment process is subject to a 2.5% payment fee. If you elect to pay the fees via PayPal, all major credit and debit cards are accepted and are subject to a 3% payment fee. A receipt will be sent to you by email from PayPal confirming payment. PayPal will receive the information needed to verify and authorize your payment card and to process your order and such payment is subject to PayPal’s terms and conditions. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase without violating any applicable law, rule, or regulation, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. Please note that if you do not provide accurate details (including type of card and number) or if your credit card company does not authorize payment, your application will be deemed void. I Biz 2U will not accept any liability for costs incurred as a result of applications deemed void in this manner.
Prices posted on the Site may be different from prices offered at conventions or other websites or locations. All prices, discounts, and promotions posted on the Site are subject to change without notice. The price charged for a good or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. Sales taxes (VAT, TVA etc.), if any, are charged at the applicable rate depending on the product and/or customer. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. You will be responsible for payment of the entire transaction.
- Online Account
You are solely responsible for maintaining the confidentiality of your password and for any and all use of your account. You agree not to disclose your password to any third party. You may not allow anyone else to access the e-training courses via your login details.
- Course Etiquette.
You must follow proper course etiquette when participating and engaging with fellow students and trainers online or in-person, as applicable:
- Do Not Record. You cannot take photos or videos of others, or the presentation, without permission. You cannot share or post pictures or videos of others without their knowledge or permission.
- Be Professional. Dress with clothes appropriate for class. You are responsible for your screen name, computer screen and background displayed to others. You may not display any offensive or inappropriate material on your person or your screen.
- Be Prepared to Learn. Arrive on time and come prepared. Ask appropriate questions, and be willing to listen to fellow students and engage in the learning process. When asking questions and making comments, keep them related to the discussion at hand.
- Eliminate Distractions. Mute yourself until you are called on to speak. Turn mobile phones off. Choose a location that will not cause distraction for you or others who will view your screen or hear your background noise during class.
We reserve the right to remove you from training courses we, or our trainers, deem in our discretion to be disruptive to the learning environment, dangerous to others, have failed to comply with health and safety policies, repeatedly violate policies such as course etiquette, have violated any intellectual property rights of ours or others, or have violated confidentiality. If you are removed from a training course for violations as set forth herein, you are not eligible for refunds and we reserve the right to determine whether you will be eligible to purchase other Materials.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, I Biz 2U SHALL NOT BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY AND/OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, I Biz 2U'S AGGREGATE LIABILITY TO THE OTHER SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO I Biz 2U FOR THE TRAINING GIVING RAISE TO A CLAIM.
- WARRANTY AND DISCLAIMER
SUBJECT TO APPLICABLE LAW, WE ARE PROVIDING THE GOODS 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). I BIZ 2U DOES NOT WARRANT THAT THE PROVISION OF ANY CONTENT ONLINE WILL ALWAYS BE AVAILABLE OR BE UNINTERRUPTED, TIMELY OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT SUCH CONTENT IS SECURE OR FREE FROM BUGS, VIRUSES, ERRORS AND OMISSIONS.
I BIZ 2U DOES NOT ACCEPT RESPONSIBILITY FOR ANYONE ACTING AS A RESULT OF INFORMATION IN, OR VIEWS EXPRESSED ON, ITS TRAINING COURSES INCLUDING COURSE MATERIALS. OPINIONS EXPRESSED ARE THOSE OF INDIVIDUAL TRAINERS AND NOT NECESSARILY THOSE OF I BIZ 2U. PARTICIPANTS SHOULD SEEK PROFESSIONAL ADVICE WHEN DEALING WITH SPECIFIC SITUATIONS. SHOULD A PARTICIPANT REQUIRE AN INVITATION LETTER FROM I BIZ 2U, WE ARE ABLE TO PROVIDE THIS AS LONG AS FULL PAYMENT OF THE TRAINING COURSE FEE HAS BEEN RECEIVED. I BIZ 2U IS NOT ABLE TO ACT ON BEHALF OF THE PARTICIPANT AND IS NOT RESPONSIBLE FOR ANY COSTS INCURRED BY FAILURE TO OBTAIN A FULL VISA.
WHEN ADDRESSING FINANCIAL MATTERS IN ANY OF OUR MATERIALS, WEBSITES, VIDEOS, NEWSLETTERS, PROGRAMS, OR OTHER CONTENT, WE’VE TAKEN REASONABLE EFFORT TO ENSURE THAT WE ACCURATELY REPRESENT OUR PROGRAMS AND THEIR ABILITY TO HELP YOU GROW YOUR BUSINESS AND IMPROVE YOUR LIFE. HOWEVER, WE DO NOT GUARANTEE THAT YOU WILL GET ANY RESULTS OR EARN ANY MONEY USING ANY OF OUR ADVICE, MATERIALS, IDEAS, TOOLS, STRATEGIES, OR RECOMMENDATIONS, AND NOTHING ON OUR WEBSITES OR IN OUR MATERIALS IS A PROMISE OR GUARANTEE TO YOU OF FUTURE EARNINGS, YOUR LEVEL OF HAPPINESS, OR YOUR EMOTIONAL AND SOCIAL WELL BEING.
NEITHER WE, NOR ANY OF OUR REPRESENTATIVES OR ANY PERSON WE ENGAGE, PERFORM THE SERVICES AS ADVICE AS PROFESSIONAL MENTAL HEALTH THERAPIST, OR THERAPIST OF ANY KIND. FOR THESE MATTERS, PLEASE SEEK PROFESSIONAL MEDICAL ADVICE FROM A THIRD PARTY.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PRODUCTS, AND RELIANCE ON ANY ADVICE THAT WE MAY PROVIDE, IS AT YOUR SOLE RISK. BY PURCHASING A PRODUCT, YOU ACCEPT, AGREE, AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT WE OFFER NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES (EXPRESSED OR IMPLIED) REGARDING YOUR EARNINGS, BUSINESS PROFITS, MARKETING PERFORMANCE, AUDIENCE GROWTH, OR RESULTS OF ANY KIND.
- Changes to Materials.
The training services will be performed as described in the individual class agendas, subject to any changes as set forth herein. The Company will select trainers to present the courses as it, in its sole discretion, deems fit. We reserve the right to replace any trainer, at any time, with another person who, in our sole discretion, it deems suitably qualified to present the relevant course. The Company may update, revise and modify Materials, including content, features, and services in its sole discretion, at any time. The Company reserves the right, at its discretion, to offer alternative services or compensation to participants in the event of significant changes or termination of services. To provide a continuous check on the consistency and quality of training delivery, all students will receive a follow-up email at the end of each class asking to submit feedback in the form of a satisfaction survey. This feedback will be reviewed in detail and will be used to make continuous improvements to class content and delivery.
- Indemnification.
You agree to indemnify, defend and hold harmless the Company, its officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of the Site and Materials, including any breach by you of these Terms.
- Ownership And Intellectual Property Rights.
All content and functionality on the Site and in our Materials, including text, graphics, logos, icons, images, books, questions, explanations, diagrams, animations, audio, and videos and the selection and arrangement thereof, in addition to any concepts, know-how, tools, frameworks, software, applications or other technology, programs, algorithms, models, processes, and industry perspectives underlying or embedded in the foregoing, along with any enhancements to or derivative works (collectively, the “Content”) are owned by the Company, its direct or indirect subsidiaries, affiliates, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to your compliance with these Terms, I Biz 2U grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Site or, if applicable, the Materials only for your own personal, non-commercial use.
The Site, Materials, and Content may feature logos, company names, product names, service names, designs, slogans and other trademarks and service marks (collectively, the “Marks”) that are registered and unregistered Marks of I Biz 2U, its direct or indirect subsidiaries, licensors, or third party providers. All of these Marks are the property of their respective owners. Nothing contained in the Site, Materials, or Content should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark without written permission of I Biz 2U or any such third party that may own a Mark displayed on the Site, Materials, or Content. I Biz 2U reserves all rights not expressly granted in and to the Site, Materials, and Content.
You must not:
- Modify copies of any materials from the Site, Materials, or Content, or use any software that applies any form of artificial intelligence analysis to the Site, Materials, or Content, including, but not limited, to generative artificial intelligence analysis (including, but not limited, to ChatGPT, OpenAI, or any other type of artificial intelligence).
- Resell, share, distribute, download, record, screenshot, copy, lease, transfer or commercially use the Site, Materials, or Content.
- Create or attempt to create a substitute or similar service or product through the use of or access to the Site, Materials, Content or any proprietary information.
- Delete, deface or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site, Materials, or Content.
- Decompile, scrape, disassemble, reverse-engineer or otherwise attempt to steal the software code of the Site, Materials, or Content.
Any use of the Site, Materials, or Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
- Cancellation and Transfer.
- Cancellation by Customer.
- Face to Face. If you notify I Biz 2U in writing (by email or post) that you wish to cancel a face-to- face training course not less than 28 days before the start date of a course, you will be entitled to a 50% refund. Refunds will be processed within 28 days of receiving your request via bank transfer to the original payer. If the reason you need to cancel a face-to-face training course is because you have been declined a visa, we can issue a full refund as long as you have proof that your visa has been declined and you give us at least 28 days' notice. If you withdraw for any reason less than 28 days before the start date of a course, no refund will be issued but you may transfer your place on the course to a substitute. Substitutions should be notified to I Biz 2U at least 48 hours prior to the course start date. If you fail to attend the course on which you are booked without giving prior notice to I Biz 2U, we are unable to refund the course fees or offer a transfer.
- E-Learning. Once you have booked an e-learning course or package the fee is non-refundable. If you cancel any e-learning course or package you will not be entitled to any refund. There is no charge for transferring your booking to the same course on an alternative date provided you notify I Biz 2U in writing not less than 10 days before the start of the training and if there is availability. However, a transfer fee of 20% of the course fee (plus sales tax) will be payable if the notice is received less than ten (10) days before the start of the original course. If you transfer your booking you will not receive any refund, and you will not be entitled to transfer more than once. You must make any request to transfer a course in writing, which may be sent by email to: [email protected].
- Coaching Calls. Coaching calls made late will be deducted from the scheduled session time frame. Cancellations within a 24-hour period will be considered as a ‘completed’ coaching session. Please make sure to attend your sessions or reschedule them with 24 hour advance warning.
- Cancellation by the Company. I Biz 2U reserves the right to cancel any training course due to insufficient enrollment by providing notice to you at least 7 calendar days prior to the scheduled commencement date. In the event of cancellation by I Biz 2U, you may elect to receive a full refund of registration fees paid or credit toward alternative class(es). Nevertheless, I Biz 2U will not be responsible for non-refundable tickets purchased or reservations made by you. If a training class is canceled by I Biz 2U due to any Force Majeure Event as defined in Section 15(b), the Customer is entitled to a full class credit which must be used within 3 months of the date of the original class for another class offered by I Biz 2U.
- Confidentiality.
Except as otherwise set forth in these Terms, from time to time, a party may disclose (in such capacity, a “Disclosing Party”) to the other party (in such capacity, a “Receiving Party”) certain Confidential Information (as defined below) under these Terms. The term “Confidential Information” as used herein shall include all information disclosed whether in oral, written, electronic or other format by Disclosing Party or its representatives to Receiving Party or its representatives, and any other information specifically identified by Disclosing Party or its representatives as nonpublic, confidential or proprietary, including, without limitation, information relating to the Materials, products, services, financial condition, operations, marketing strategies, technical developments, codes, inventions, innovations, designs, discoveries, policies, compensation, trade secrets, customers, patients, finances, computer systems and architecture, any commercial terms (including pricing) of these Terms, any performance information relating to the products, and know-how of Disclosing Party. Except as expressly authorized herein, the Receiving Party will use (and will ensure that its employees, affiliates, agents, contractors and any approved third parties use) reasonable efforts (which shall be no less than the efforts used to protect its own confidential information of a similar nature) to prevent the disclosure of any Disclosing Party's Confidential Information for any purpose other than providing the training contemplated by these Terms unless authorized by the Disclosing Party. The Receiving Party's nondisclosure obligation shall not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party).
- Dispute resolution; Arbitration.
In the event of any controversy or claim arising out of or relating to these Terms or the Materials, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach settlement within a period of 60 days, any unresolved controversy or claim arising out of or relating to these Terms or the Materials shall proceed to binding arbitration. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 13. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The parties shall seek to mutually appoint an arbitrator. If the parties cannot agree on a single arbitrator, then there shall be three (3) arbitrators: one selected by each party, and a third selected by the first two. Unless otherwise agreed by the parties, the arbitration shall take place in Louisville, Kentucky. Judgment on the arbitral award may be entered in any court having jurisdiction thereof. All negotiations and arbitration proceedings pursuant to this Section will be confidential and treated as compromise and settlement negotiations for purposes of all similar rules and codes of evidence of applicable legislation and jurisdictions. The language of the arbitration shall be English.
- Privacy Policy.
All personal information provided by you under these Terms will be treated in accordance with I Biz 2U's Privacy Policy, incorporated herein.
Miscellaneous
- Contact. Please contact I Biz 2U's training department for any other training questions or requests by emailing: [email protected].
- Force Majeure. Neither party shall be liable to the other for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) if the delay or failure is due to unforeseen events which are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, epidemics, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency each a Force Majeure Event.
- Third Party Materials. We may provide links to third-party materials and websites as a convenience to you. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that we are not responsible for examining or evaluating the content or accuracy of any third-party materials and websites, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services. You further agree that we will not be liable for your improper use of third-party materials and websites.
- Governing Law. All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Kentucky without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Kentucky or any other jurisdiction).
- Entire Agreement and Severability. These Terms and our Privacy Policy are the entire agreement between you and I Biz 2U relating to the matters contained therein and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Materials or any other subject matter covered by these Terms. If any provision of these Terms is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.