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It is hereby understood and agreed by the parties that ProSpeak Productions LLC, due to substantial expense, time, and effort, has developed specialized products, programs, and training culminating in a unique program that assists others in becoming a Note Professional in the discount note buying industry.  By this Agreement, the Member agrees to pay for, and ProSpeak Productions LLC agrees to deliver, the following programs, productions, and training as described.

Terms and Conditions:

1. Member’s Right to Cancel

The member may cancel this contract by sending or emailing a Notice of Cancellation at any time prior to midnight of the third (3) business day after the date of this Agreement and return all products in original sealed condition.  Products returned opened or unsealed will be charged to the Member at the Original Price.  Member understands that canceling their Product also results in the termination of any related services, at ProSpeak Productions LLC^’s discretion.

2. Member Free to Conduct Business in Any Manner

Member acknowledges and agrees that the programs, products, and training listed do not constitute a franchise, security, dealership, license agreement, business opportunity, business, affiliation, or association.  The Member further acknowledges that the programs, products, and training outlined above do not constitute a marketing plan.  The Member is free to conduct his/her business in any manner elected by him/her.  The Member agrees that he/she will not at any time use the name of ProSpeak Productions LLC or ProSpeak Productions LLC in his/her name, or marketing materials, except as otherwise allowed by ProSpeak Productions LLC.  It is understood that the Member will operate independently and that there are no royalties, sales, or marketing fees paid to ProSpeak Productions LLC under this agreement.

3. No Representations of Earnings Made

Member acknowledges that ProSpeak Productions LLC has not represented or guaranteed to the Member any minimum or maximum earnings or income.  Any discussion or projections of income or earnings are in the nature of possibilities or earnings.  The Member has been advised and understands that he/she must comply with and observe any licensing and regulatory requirements of the governing law in the jurisdiction in which he/she intends to conduct business.  The Member further understands that his/her success is dependent upon his/her level of effort and talent.

4. On-Site And Home Study Training

Member acknowledges that based on the Product purchased it could include both On-Site and Home Study training.  Member acknowledges that all products not provided at the signing of this Agreement will be sent to the Member within 10 business days of the signing of this Agreement and/or full and final payment. Member understands that it is Members’ obligation to attend any scheduled programs or training sessions.  However, if Member does not complete the training sessions within six months, ProSpeak Productions LLC will provide alternative training materials (via e-mail, CD/DVD, print materials, or online access) free of charge as the fulfillment of the Members purchase. 

5. Payment And Delivery of Product

The Member acknowledges that if payment was made by credit card that the signature below is for the credit card payment as well as this contract. The Member’s payment herein is treated as full payment for programs, products, and/or any training rendered or to be rendered and as such is non-refundable after the right of cancellation period has expired as outlined in the Agreement.  At this time Member acknowledges that the delivery of product, program, and services begins for the Member.  If for any reason at its sole discretion ProSpeak Productions LLC does grant Member a refund after the cancellation period of any kind, Member acknowledges a 10% cancellation fee calculated on the total price of the product will apply.  Member further acknowledges that by using some components of the product that the New Price will not apply and the Price will be used to calculate the refund value of unused products.  Member acknowledges that any Products which have been opened are assumed used and therefore are non-refundable.  If payment is made by check, ProSpeak Productions LLC will deposit the check within 3 business days and therefore the check will take up to 15 business days to process and clear. 

6. Copyright

All products and training materials, including written materials, are protected under the copyright laws of the United States of America.  Unless otherwise expressed in writing by ProSpeak Productions LLC, the Member may not rent, lease, transfer, copy of unlawfully distribute ProSpeak Productions LLC products or use them in a manner not intended.

7. Jurisdiction/Venue

All Products and training materials have been made in the State of Florida.  The laws of the State of Florida shall govern this Agreement and all actions brought hereunder, whether at law or in equity, shall be brought in the state or federal court serving San Diego County in the State of Florida and that venue will be decided upon by ProSpeak Productions LLC. The Member hereby waives any venue privileges that may be asserted in connection with this Agreement.  In any litigation arising out of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees and costs.

8. Full And Complete Agreement

Member acknowledges that this Agreement with ProSpeak Productions LLC contains all of the Agreements, understandings, representations, conditions, warranties, and covenants between the parties and correctly sets forth all of their rights, duties, and obligations to each other.  All prior verbal agreements, negotiations, or representations concerning this Agreement between Member and ProSpeak Productions LLC, not expressly set forth in this Agreement are of no force and effect.   Any modification, addition or alteration shall be in writing and signed by both parties.  By signing below the Member affirms that he or she has read the entire agreement and has agreed to all the terms and conditions of the Agreement.