Instant access below

Capitalist University

$3000 IN COURSES + 40 LIVE WEEKLY COACHING CALLS

TERMS, CONDITIONS, & PRIVACY POLICY

TERMS OF ENROLLMENT

The following Policy (this “Policy” or “Agreement”) governs your participation and enrollment in the Program presented by JamesSmiley.org, A trading name of Marketing International LLC (the “Company,” “we,” or “us”). Please read this Policy carefully. By visiting and using the Program Portal/Membership Site (the “Site”) you agree that your use of the Site JamesSmiley.org, participation in our Program, and use of Program materials is governed by the following terms and conditions.

We are committed to providing all participants in the Program (“Participants” or “Program Participants”) with a positive experience. Thus, the Company may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs (live, recorded, social media-based or digital) without refund and without forgiveness of remaining payments if:

you become disruptive or difficult to work with;you fail to follow the Program guidelines; or,you impair the participation of our instructors or Participants in our Program(s).

CONTENT

Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual. All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available by Marketing International LLC or its designated facilitators, or any other source, oral or written, are for personal use in or in conjunction with this training program only. Program content is for personal use only and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Marketing International LLC.

The information contained in the Program material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions, and you assume all risks, including, but not limited to, all losses, costs, or damages of any kind whatsoever associated with your use of such material. Marketing International LLC assumes no responsibility for errors or omissions that may appear in any Program materials.

You agree not to share your user name and/or passwords with any third party. Any violation of Marketing International LLC’s policies regarding content usage shall result in the immediate termination of your enrollment and participation in any Program without refund. This product is an evolving product, and Marketing International LLC will add new content continuously, which you will have access to as a member. This may mean from time to time; Marketing International LLC may withdraw content from the learning portal and refresh it with new updated content. This doesn’t stop you from accessing the other benefits of the Program.

Privacy & Confidentiality:

We respect your privacy and must insist that you respect the privacy of fellow Program Participants.

The term “Confidential Information” as used herein means, with respect to you, Marketing International LLC, or any other Participant (collectively, a “Party”), a) the business activities, dealings or interests of such Party and/or its officers, directors, affiliates, employees or contractors; (b) any confidential information, knowledge and know-how, concerning the operations, products, services, procedures, or clients, patients or customers of Marketing International LLC, in any format whatsoever, including, without limitation, the techniques, formulations, organization, design, implementation, preparation and other operations, methods, and accumulated experiences incidental thereto, and further including, without limitation, information relating to marketing techniques, advertising, policies, procedures, promotions, customer lists, membership lists, mailing lists, registration cards, sales records, concepts, ideas, trade secrets, other proprietary information, training materials, teaching aids, webinars, membership materials (including but not limited to: reports, notes, files, records and any personally identifying information), and/or research of such Party. Further, any and all Confidential Information which by its nature is confidential or which a Party, in its sole and absolute discretion, designates as such shall be deemed Confidential Information for purposes of this Agreement. This Agreement shall govern all communications between the parties. Any recipient of such Confidential Information of another Party (the “Recipient”) understands that its obligations under this paragraph ("Nondisclosure and Non-use Obligations") shall survive the termination of any other relationship between the parties. Upon termination of any relationship between the parties, Recipient will promptly deliver to the disclosing Party, without retaining any copies, all documents and other materials furnished to Recipient by such Disclosing Party.

We respect your Confidential Information and must insist that you respect the same rights of fellow Program Participants and of Marketing International LLC, including the Confidential Information of such Participants and Marketing International LLC.

Thus, you agree:

not to infringe Marketing International LLC's copyright, patent, trademark, trade secret, or other intellectual property rights;

not to infringe any of the intellectual property rights of any other Program Participants;

that any Confidential Information of or relating to a Program Participant that is shared by that Program Participant is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it;

that any Confidential Information of Marketing International LLC that is shared by Marketing International LLC or any authorized representative of Marketing International LLC is confidential and proprietary and belongs solely and exclusively to Marketing International LLC;

not to disclose such Confidential Information that belongs to Marketing International LLC or other Participants to any other person or use it in any manner other than in discussion with other Program Participants during Program sessions;

that all materials and information provided to you by Marketing International LLC are its confidential and proprietary intellectual property belonging solely and exclusively to Marketing International LLC and may only be used by you as authorized by Marketing International LLC;

the reproduction, distribution, and sale of these materials by anyone but Marketing International LLC is strictly prohibited; and,

that if you violate or display any likelihood of violating any of your agreements contained in this paragraph, Marketing International LLC and/or the other Program Participants will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

While you are free to discuss your personal results from our Programs and training, you must keep the experiences and statements, oral or written, of all other Participants in the strictest of confidence.

In addition, you agree to maintain in confidence and will not disclose, disseminate or use any Confidential Information belonging to Marketing International LLC, whether or not in written form. You agree that you shall treat all Confidential Information of Marketing International LLC with at least the same degree of care as you accord your own confidential information. You further represent that you exercise at least reasonable care to protect your own Confidential Information. If the Recipient is not an individual, the Recipient agrees that the Recipient shall disclose Confidential Information only to those of its employees who need to know such information, and certifies that such employees have previously signed a copy of this Agreement. You further understand and agree that any disclosure or misappropriation of the Confidential Information at any time in violation of this Agreement will cause Marketing International LLC (or other Party, as applicable) irreparable harm. Thus, you understand and agree that since monetary damages will not be sufficient to avoid all harm and/or compensate for the unauthorized use or disclosure of the Confidential Information, injunctive or other equitable relief would be appropriate to prevent any improper actual or threatened use or disclosure of the Confidential Information or breach of this Agreement. Accordingly, you hereby consent to the entry of an injunction, without the need to post a bond, prohibiting any conduct by you in violation of this Agreement.

Interactive Features

It is a condition of your use of the Site and participation in the Program that you do not:

Restrict or inhibit any other user from using and enjoying the Site unless otherwise given written authorization.

Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site.

Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

Gain unauthorized access to the Site or any account, computer system, or network connected to the Site, by means such as hacking, password mining, or other illicit means.

Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.

Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law.

Use the Site to post or transmit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.

Use the Site to post or transmit any information, software, or other material that contains a virus or other harmful component.

Use the Site to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising.

Use the Site to advertise or solicit anyone to buy or sell products or services or to make donations of any kind without our express written approval.

Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

Use the Site for any purpose that violates any of the terms set forth herein or otherwise is inconsistent with any of the terms set forth herein.

The Company, now Marketing International LLC, may host Facebook groups, message boards, chats, and other public forums. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to the message boards, chats, or other public forums in the future.

Marketing International LLC or its designated agents may remove or alter any user-created content at any time for any reason. Groups, chats, and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Marketing International LLC staff, Marketing International LLC’s outside contributors, or by users not connected with Marketing International LLC, some of whom may employ anonymous user names.

Marketing International LLC expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information, or statement made or displayed in these forums by third parties. Nor are we responsible for any errors or omissions in such postings or for hyperlinks embedded in any messages. Under no circumstances will we or any of our members, managers, officers, affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the Participants and do not reflect the opinions of Marketing International LLC or any of its subsidiaries or affiliates.

Marketing International LLC has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms, or other public forums.

However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process, or governmental request and to protect ourselves, our clients, sponsors, users, and visitors.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MARKETING INTERNATIONAL LLC, OR ANY OF ITS MEMBERS, MANAGERS, OFFICERS, SUBSIDIARIES, PARENT COMPANIES, OR AFFILIATES (COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF MARKETING INTERNATIONAL LLC IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

(BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF THE OTHER COMPANY PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MARKETING INTERNATIONAL LLC IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES, AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT, AND MARKETING INTERNATIONAL LLC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE.

Release

YOU HEREBY AGREE TO RELEASE AND HOLD HARMLESS MARKETING INTERNATIONAL LLC, AND OUR MEMBERS, MANAGERS, OFFICERS, SUBSIDIARIES, PARENT COMPANIES, OR AFFILIATES FROM ANY AND ALL MANNER OF CLAIMS, RIGHTS, DEMANDS, CAUSES OF ACTION, OR SUITS ARISING OUT OF THE USE OF OR THE INABILITY TO USE, THE SITE OR PROGRAM CONTENT, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR NEGLIGENCE, BREACH OF CONTRACT, EMOTIONAL DISTRESS, OR ECONOMIC LOSS, OR OTHER COMMON LAW OR STATUTORY THEORIES OF RECOVERY, NOW OR IN THE FUTURE.

Refund Policy

As you receive access to all of the information and content in the membership site from receiving your login details, all sales are final, and no refunds will be afforded. You waive any rights to charge-back your purchase with your credit card processor.

Should you process a chargeback for any reason, we will use this agreement to prove to your bank you waived your option to chargeback.

Affiliate Disclosure: Some of the links provided in the program are affiliate links, which means that if you choose to make a purchase (i.e. sign up with a technology app or outsource), Marketing International LLC will earn a commission. This commission comes at no additional cost to you, and often times a lower rate has been negotiated for you through our program.

Please understand that we have experience with all of these companies, and we recommend them because they are helpful and useful, not because of the small commissions we make if you decide to buy something. Please do not spend any money on these products unless you feel you need them or that they will help you achieve your goals.

Indemnification

You shall indemnify, defend and hold harmless Marketing International LLC and our members, managers, officers, subsidiaries, parent companies, or affiliates from any and all claims, demands, actions, causes of action, and/or lawsuits (each, a “Claim” and collectively, “Claims”) and all resulting costs, liabilities, losses, expenses, and damages, actual and consequential, direct and indirect, of every kind and nature, including without limitation reasonable attorney’s fees and disbursements arising out of or related to:

(a) a breach of any of your obligations under this Agreement;

(b) your negligence or misconduct;

(d) any third-party claims arising from or related to the use of our Program material and content. You shall provide us with written notice of any Claim or potential Claim of which you become aware. Upon the assertion or commencement of any Claim against Marketing International LLC by any third party that may give rise to liability of Marketing International LLC hereunder, you shall assume the control of the defense of such Claim at your sole expense with counsel reasonably acceptable to Marketing International LLC; provided, however, that Marketing International LLC may take part in and/or fully assume such defense, in its sole discretion and at its own expense, after you assume the control thereof. You shall not enter into any settlement of any Claim which Marketing International LLC believes is adverse to its interests without receiving the prior written consent of Marketing International LLC. In no event shall Marketing International LLC be obligated to participate in any settlement which it believes would have an adverse effect on its business interests.

Dispute Resolution

All disputes arising under or concerning this Agreement are to be submitted to binding jurisdiction in the state of Texas, USA.

You may only resolve disputes with Marketing International LLC on an individual basis and may not bring a claim as a claimant or a class member in a class, consolidated, or representative action. Group actions, in consolidation with other claims, aren't allowed.

The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.