Terms Of Service

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PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU USE ANY OF THE SERVICES OFFERED ON WWW.EDDIEVITERI.COM

I. TERMS AND CONDITIONS

BACKGROUND:

This Policy applies as between you, the User of this Web Site and Eddie Viteri, the owner and provider of www.EddieViteri.com, Trading Breakthrough Institute™, The Breakthrough Process™, The Breakthrough Foundation™, The Breakthrough Approach™, Become The Strategy™ and/or its affiliate ("Eddie Viteri"). This Policy applies to our use of any and all Data collected by us in relation to your use of the Web Site and any Services or Systems therein. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

Please read these terms and conditions carefully and keep a copy for future reference.

1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

“Account” means collectively the personal information, Payment Information and credentials used by Users to access Material and / or any communications System on the Web Site;

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Cookie” means, a small text file placed on your computer by Eddie Viteri when you visit certain parts of this Web Site. This allows us to identify recurring visitors and to analyze their browsing habits within the Web Site. Where e-commerce facilities are provided, Cookies may be used to store your Orders’, Shopping Basket etc., with Eddie Viteri. Further details are contained in Clause 10 and Schedule 1 of this Policy;

“Data” means, collectively all information that you submit to the Web Site. This includes, but is not limited to, Account details and information submitted using any of our Services or Systems;

“Eddie Viteri” means, collectively but not including Eddie Viteri, the owner and provider of www.EddieViteri.com, Trading Breakthrough Institute™, The Breakthrough Process™, The Breakthrough Foundation™ and/or its affiliates;

“Service” means collectively any online facilities, tools, services or information that Eddie Viteri makes available through the Web Site either now or in the future;

“System” means, any online communications infrastructure that Eddie Viteri makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” means, any third party that accesses the Web Site and is not employed by Eddie Viteri and acting in the course of their employment; and

“Web Site” means, the website that you are currently using www.eddieviteri.com and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Intellectual Property

1. Subject to the exceptions in Clause 3 of these Terms Of Service, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Eddie Viteri, or our affiliates. By continuing to use the Web Site you acknowledge that such material is protected by international copyright and intellectual property laws, and other laws.

2. Should a User post, upload, display, link or otherwise make available their own content, including with respect to the still or moving photographs, films, testimonials, statements, endorsements, videotapes, silhouettes and sound recordings that have been taken of User, in which User may be included with others, which User has made publicly available online or which User voluntarily submits (the “User Content”), User expressly grants Eddie Viteri as a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license and the absolute and irrevocable right and permission to use, publish, reproduce, distribute, broadcast and/or otherwise use User Content which may include User’s name, likeness, voice and biographical information in connection with the Service, in such manner and in any medium now known or later developed, including but limited to websites, social media, television broadcasts, radio shows, print advertising and posters, for any such purposes, as Eddie Viteri shall determine in his sole discretion without further compensation or consideration to and without further authorization by User. User affirms that any statements or endorsements made by User in the User Content and their personal information are factually accurate and represent their honest opinions, findings, beliefs or experiences, and that User was not compensated in exchange for my endorsement. User algo agrees that any User Content does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights, rights of publicity and privacy. User also hereby releases, discharges and agrees to hold harmless Eddie Viteri from and against any and all liability or responsibility, resulting from any use of the User Content and their Personal Information.

3. The entirety of the Content, including but not limited to the audiovisual presentations, live presentations, text and written content, files, tools, posts, images, documents, emails, PDFs, webinars, templates, comments and all original works and materials, are copyrighted, owned by and property of Eddie Viteri. Therefore, absolutely NO portion of the Content may be photographed, taped, video recorded, audio recorded, compiled, reproduced, transmitted, presented, coached, edited, altered, stolen or shared in any way or form for distribution, re-teaching, re-selling, re-packaging or any other reason by any means or in any medium, including by posting to any social media platform. If User is found to be making a prohibited recording, presentation, coaching or compilation for distribution of the Education, then said material shall be confiscated by Eddie Viteri. User shall immediately be expelled from the remainder of the Education and legal action may be taken against the User for the amount collected from such recording, presentation, coaching or compilation, or for USD$50,000, whichever is higher.

4. You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Web Site for as specified in Clause 4 of these Terms Of Service for personal or educational purposes only unless otherwise indicated on the Web Site or unless given express written permission to do so by Eddie Viteri. Specifically you agree that:

1. You will not use the Content of the Web Site for commercial purposes;

2. You will not systematically copy Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Eddie Viteri;

3. You will not sell, publish, license, rent, modify, distribute, copy, reproduce, transmit, retransmit, publicly display, publicly perform, adapt, edit, create derivative works from, or otherwise provide access to the Content to anyone, including, but not limited to your fellow employees, friends or family;

4. You will not create abstracts from, scrape, frame, or display headlines from our Content for use on another website or service; will not post any Content to newsgroups, mail lists or electronic bulletin boards, without our written consent; and will not use Eddie Viteri and/or the Content for any unlawful purpose

3. Third Party Intellectual Property

Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms Of Service to use Content from the Web Site. The exceptions in Clause 4 continue to apply. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.

4. Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

5. Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Eddie Viteri or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them

6. Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.eddieviteri.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Eddie Viteri. To find out more please contact us by email at [email protected])

7. Use of Communications Facilities

1. When using the Forums, Chats, Blogs, and similar, or any other System on the Web Site you should do so in accordance with the following rules:

2. You must not use obscene or vulgar language;

3. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

4. No Content that is intended to promote or incite violence;

5. It is advised that posts on Forums, Chats and Blogs or similar communications with Eddie Viteri are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

6. You must not post links to other web sites containing any of the above types of Content;

7. The means by which you identify yourself must not violate these terms of use or any applicable laws;

8. You must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;

9. You must not impersonate other people, particularly employees and representatives of Eddie Viteri or our affiliates; and

10. You must not use our System for unauthorized mass-communication such as “spam” or “junk mail”.

11. You acknowledge that Eddie Viteri reserves the right to monitor any and all communications made to us or using our System.

12. In order to use the Forums, Chats, and Blogs or similar and any other communication facility that may be added in the future on this Web Site, you are required to submit certain personal details. By continuing to use this Web Site you represent and warrant that:

12.1. Any information you submit is accurate and truthful.

12.2. You will keep this information accurate and up-to-date.

8. Privacy

Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.

9. Disclaimers & Disclosures

U.S. GOVERNMENT REQUIRED DISCLAIMER

Commodity Futures Trading Commission Futures and Options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don't trade with money you can't afford to lose. This is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this Website. The past performance of any trading system or methodology is not necessarily indicative of future results. Trade at your own risk. The information provided here is of the nature of a general comment only and neither purports nor intends to be, specific trading advice. It has been prepared without regard to any particular person’s investment objectives, financial situation and particular needs. Information should not be considered as an offer or enticement to buy, sell or trade.

CFTC REQUIRED RISK DISCLOSURE

CFTC RULE 4.41 – HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORDS, SIMULATED RESULTS DO NOT PRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.

Trading performance displayed herein is hypothetical. Hypothetical performance results have many inherent limitations, some of which are described below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical performance trading results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.

Trading in the financial markets involves substantial risk including loss of all or more than your initial deposit. If you purchase or sell Equities, Futures, Currencies, Options, Stocks, Cryptocurrencies or any other financial security, instrument or asset, you may sustain a total loss of the initial margin funds and any additional funds that you deposit with your broker to establish or maintain trading positions. If the market moves against your position, you may be called upon by your broker to deposit a substantial amount of additional margin funds on short notice in order to maintain your position. If you do not provide the required funds within the prescribed time, your position may be liquidated at a loss, and you may be liable for any resulting deficit in your account. Under certain market conditions, you may find it difficult or impossible to liquidate a position. By viewing the Website and any content presented by Eddie Viteri, including but not limited to audio, visual commentary, text, video, social media content or any other content, you acknowledge and accept that all trading decisions are your sole responsibility, and acknowledge and agree that the author and presenter, Eddie Viteri and anybody associated with www.EddieViteri.com cannot be held responsible for any losses that are incurred as a result.

Past performance does not guarantee future results. No guarantee is inferred that future performance will be like the results shown. You should carefully consider whether such trading is suitable for you in light of your financial conditions and seek appropriate advice from your broker or licensed investment advisor before taking any action.

MARKET SPECULATION RISK DISCLOSURE

Futures trading, options trading, foreign exchange currency trading, stock market trading, cryptocurrency trading and all speculative investments in the financial markets carry substantial potential rewards and risks and may not be suitable for all investors. You must be aware of the risks associated with market speculation and be willing to accept them in order to invest in the financial markets. The possibility exists that you could sustain a loss of some, all or more than your initial deposit; therefore, do not trade with money you can't afford to lose.

Before investing in the financial markets, carefully consider your investment objectives, level of experience, risk exposure and required disclaimers. The National Futures Association (NFA) and CFTC (Commodity Futures Trading Commission), the regulatory agencies for the foreign exchange and futures markets in the United States, require that customers be informed about the potential risks in the financial markets. If you don’t understand any of the information presented, please contact Eddie Viteri or seek advice from an independent investment advisor.

EDDIE VITERI DISCLAIMER & DISCLOSURE

The content and all figures, illustrations, educational training, communications, opinions, news, analyses, research, prices or other information on this Website or any page on www.EddieViteri.com, social media platforms, live broadcasts, streaming services or elsewhere (collectively known as the “Education”), are provided as general market commentary and information strictly for educational, informational and illustrative purposes only and such information is not intended nor constitutes as a recommendation, advice, offer or solicitation for the purchase or sale of any security, derivative, index, contract or financial instrument, or to enter into a transaction involving any financial instrument or trading strategy. www.EddieViteri.com and Eddie Viteri will not accept liability for any loss or damage, including without limitation to, any loss or profit, which may arise directly or indirectly from use of or reliance on such information. No guarantee of performance results nor any anticipated return on investment is offered at any time. As with any trading system, strategy or methodology, past performance is no guarantee of future results. All investments entail risks which may lead to substantial or complete loss of investments. Eddie Viteri does not at any time make any guarantee about potential performance results nor take responsibility for your decisions and actions. The purchase, sale or advice regarding any financial instrument, system or strategy can only be performed by a licensed financial industry representative, such as, but not limited to, a Broker-Dealer, Introducing Broker, and/or Registered Investment Advisor. Eddie Viteri is not licensed to make such advisements or recommendations nor offer accounting, tax or legal advice. You are encouraged to speak with a licensed representative of your choice regarding the appropriateness of investing/trading, of any particular investment/trading strategy or for any financial, accounting, taxation or legal instruction.

The Web Site and the information contained herein is subject to change at any time without notice, and is provided strictly for the before mentioned purposes. The contents do not have regard to the unique investment objectives, financial situation, time horizon or the particular needs of any specific person or entity. Eddie Viteri believes that the material on this website is based on reliable information. However, Eddie Viteri does not warrant the accuracy, completeness or usefulness of the information available on this Website or otherwise; expressly disclaims any and all representations and warranties that any of its commentaries will be available at any particular time or place, or in any particular medium; and will not accept liability for any loss or damage which may arise directly or indirectly from the content or your inability to access the Website, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through this Website. Eddie Viteri assumes no liability or responsibility for errors or omissions in the information contained herein. Eddie Viteri does not control and is not responsible for any third party content on this Website or on another third party sites that may be linked to by this page and is not responsible for the ramifications of your use of this page or such third party content and sites. Nothing contained herein should be construed as a warranty of investment or trading results. The Website and the information contained on the Website is provided for your use “AS IS” without any warranty (whether express or implied) of any kind.

Your use of the information contained herein is at your own risk. Eddie Viteri will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including, but not limited to, loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Eddie Viteri has been advised of the possibility of such damages. It is your responsibility to be aware of and understand all the risks associated with trading and investing in the financial markets, including the possibility that all the capital allocated to trading may be lost in its entirety and that trading losses can exceed the funds in your account. Past performance does not guarantee future results and there is no guarantee that you will earn any money using the techniques and ideas in the material. Examples in the material are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using the Education and the time that person devotes to the Education and development process. You are solely responsible for your own actions, decisions and results.

Eddie Viteri insists on strict compliance with all Terms of Service. Use of this website and/or its publications state that you fully understand the CFTC Required Risk Disclosure, the U.S. Government Required Disclaimer and the Eddie Viteri Disclaimer & Disclosure. Failure to do so will result in immediate cancellation of service.

1. Eddie Viteri makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.

2. Whilst every reasonable endeavor has been made to ensure that all information provided on this Web Site will be accurate and up to date, Eddie Viteri makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.

3. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

4. Commercial use of the Content of this Web Site is forbidden under Clause 2.2.1 of these Terms Of Service. Any such use constitutes a breach of these Terms Of Service and Eddie Viteri makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.

5. Whilst every effort has been made to ensure that all descriptions of services available from Eddie Viteri correspond to the actual services available, Eddie Viteri is not responsible for any variations from these descriptions.

10. Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Eddie Viteri accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

11. Limitation of Liability

1. To the maximum extent permitted by law, Eddie Viteri accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and it’s Content at their own risk.

2. Nothing in these terms and conditions excludes or restricts Eddie Viteri’s liability for death or personal injury resulting from any negligence or fraud on the part of Eddie Viteri.

3. Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

12. Breach of Terms Of Service

Without prejudice to our other rights under these Terms Of Service, a breach in any way of the terms and conditions, or if Eddie Viteri reasonably suspects that you have breached the terms and conditions in any way, may result in temporary or permanent suspension from accessing the Web Site and Content; deletion of your account on the Web Site; the blocking of computers using your IP address from accessing the Web Site and Content; and/or commencing legal action against you. Because the entirety of the Content, including but not limited to the audiovisual presentations, live presentations, text and written content, files, tools, posts, images, documents, emails, PDFs, webinars, templates, comments and all original works and materials, are copyrighted, owned by and property of Eddie Viteri, absolutely NO portion of the Content may be photographed, taped, video recorded, audio recorded, compiled, reproduced, transmitted, presented, coached, edited, altered, stolen or shared in any way or form for distribution, re-teaching, re-selling, re-packaging or any other reason by any means or in any medium, including by posting to any social media platform. If you act in breach of these terms, you are guilty of breaching copyright and intellectual property laws, among others, and will be legally liable in a court of law. If User is found to be making a prohibited recording, presentation, coaching or compilation for distribution of the Education, then said material shall be confiscated by Eddie Viteri. User shall immediately be expelled from the remainder of the Education and legal action may be taken against the User for the amount collected from such recording, presentation, coaching or compilation, or for USD$50,000, whichever is higher.

13. Law and Jurisdiction

These Terms Of Service, the relationship between you and Eddie Viteri and any claim arising from, or related to, a visit to the Web Site shall be governed by and construed in accordance with the laws of the United States Of America, and Eddie Viteri and you agree to submit to the exclusive jurisdiction of the Courts of the United States Of America.

14. Entire Agreement

These Terms Of Service and any document expressly referred to herein constitute the whole agreement between the Parties and supersedes all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between the Parties relating to the use of the Web Site.

II. STANDARD TERMS AND CONDITIONS FOR GOODS AND SERVICES

1. Application of Conditions

1.1 Refund Policy - Enrollment is guaranteed upon payment of a Student's enrollment. Subsequently, the Student must submit their signed Student Agreement. Due to the highly sensitive nature of the Education disclosed to the Student including website/platform access being granted, and in having made it absolutely clear in knowing exactly what is being received through and prior to a Student’s enrollment, the enrollment cost is non-refundable and all payments are final.

1.2 The Supplier shall supply and the Customer shall purchase the Goods and Services in accordance with the specification schedule (such as Website, Videos, Blogs, Article, Phone Agreement) of the accepted full paid cleared order which are subject to these Conditions.

1.3 The Contract shall be to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Customer.

2. Definitions and Interpretation

2.1 In these Conditions:

"Business Day" means any day other than a Saturday, Sunday or bank holiday;

"the Customer" means the person who accepts a quotation or offer of the Supplier for the sale of the Goods and supply of the Services, or whose order for the Goods and Services is accepted by the Supplier;

“Commencement Date” means the commencement date for this agreement as set out in the specification schedule of the accepted paid order

"the Contract" means the contract for the purchase and sale of the Goods and supply of the Services under these conditions;

“these Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Customer and the Supplier;

“the Delivery Date” means the date on which the Goods and Services are to be delivered as stipulated in the Customer's order and accepted by the Supplier;

“the Goods” means the goods (including any instalment of the goods or any parts for them) which the Supplier is to supply in accordance with these Conditions as well as in reference to potential future goods as of the modification date of these Terms Of Service;

“Month” means a calendar month;

“the Services” means the Services to be provided to the Customer as set out in the specification schedule of the full paid accepted order as well as in reference to potential future services as of the modification date of these Terms Of Service;

“the Supplier” means Eddie Viteri;

“Writing” includes any communications effected by telex, facsimile transmission, electronic mail or any comparable means.

2.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.

2.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.

3. Basis of Sale and Service

3.1 The Supplier's employees or agents are not authorized to make any representations concerning the Goods and Services unless confirmed by the Supplier in writing. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations that are not so confirmed.

3.2 No variation to these Conditions shall be binding unless agreed in writing between the authorized representatives of the Customer and the Supplier.

3.3 Sales literature, price lists and other documents issued by the Supplier in relation to the Goods and Services are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance. An order placed by the Customer may not be withdrawn cancelled or altered prior to acceptance by the Supplier and no contract for the sale of the Goods and Services shall be binding on the Supplier unless the Supplier has issued a quotation which is expressed to be an offer to sell the goods and services or has accepted an order placed by the Customer by whichever is the earlier of:

1. the Supplier's written acceptance;

2. delivery of the Goods; or

3 the Supplier's invoice.

3.4 Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Supplier shall be subject to correction without any liability on the part of the Supplier.

4. The Goods

4.1 No order submitted by the Customer shall be deemed to be accepted by the Supplier unless and until confirmed in writing by the Supplier's authorized representative.

4.2 The specification for the Goods shall be those set out in the Supplier's sales documentation unless varied expressly in the Customer's order (if accepted by the Supplier). [The Goods will only be supplied in the minimum units (or multiples) stated in the Supplier's price list or in multiples of the sales outer as specified. Orders received for quantities other than these will be adjusted accordingly, illustrations, photographs or descriptions whether in catalogues, brochures, price lists or other documents issued by the Supplier are intended as a guide only and shall not be binding on the Supplier.]

4.3 The Supplier reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Supplier's specification, which do not materially affect their quality or performance.

4.4 No order which has been accepted by the Supplier may be cancelled by the Customer except with the agreement in writing of the Supplier on the terms that the Customer shall indemnify the Supplier in full against all loss (including loss of profit), costs (including the cost of all labor and materials used), damages, charges and expenses incurred by the Supplier as a result of cancellation.

5. The Services

5.1 With effect from the Commencement Date the Supplier shall, in consideration of the Fees being paid in accordance with the Terms of Payment will provide the services expressly identified in the specification schedule/accepted order otherwise agreed under this agreement.

5.2 The Supplier will use reasonable care and skill to perform the services identified in the specification schedule/accepted order or otherwise agreed under this agreement.

5.3 The Supplier shall use all reasonable endeavors to complete its obligations under the Schedule, but time will not be of the essence in the performance of these obligations.

5.4 The Customer must sign and upload the Student Agreement after payment in order to then receive the Content. Failure to do so within 48 hours from Commencement Date shall result in website access being taken away for that Content. Upon signing and uploading the Student Agreement, website access will immediately be granted once again.

5.5 As a registered member, only the Customer may use the Service. Customer may not transfer their registration to another person, nor share their username, password or other sensitive information to access the registered account with another person without the express written permission by Eddie Viteri.

6. Price

6.1 The price of the Goods and Services shall be the price listed in specification schedule of the accepted order, current at the date of acceptance of the Customer's order or such other price as may be agreed in writing by the Supplier and the Customer.

6.2 Where the Supplier has quoted a price for the Goods other than in accordance with the Supplier's published price list the price quoted shall be valid for 1 day only or such lesser time as the Supplier may specify.

6.3 The Supplier reserves the right, by giving notice to the Customer at any time before delivery, to increase the price of the Goods and Services to reflect any increase in the cost to the Supplier which is due to any factor beyond the control of the Supplier (such as, without limitation, any foreign exchange fluctuation currency regulation, alteration of duties, significant increase in the costs of labor, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods and services which are requested by the Customer, or any delay caused by any instructions of the Customer or failure of the Customer to give the Supplier adequate information or instructions.

6.4 Except as otherwise stated under the terms of any quotation/specification schedule/accepted order agreement, or in any price list of the Supplier, and unless otherwise agreed in writing between the Customer and the Supplier, all prices are inclusive of the Supplier's charges for packaging and transport as specified in the specification schedule/accepted order.

6.5 The price is exclusive of any applicable value added tax excise, sales or taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods and Services, which the Customer shall be additionally liable to pay to the Supplier.

7. Payment

7.1 All payments required to be made pursuant to this Agreement by either party shall be made within 1 day of the date of the relevant invoice or as per specification schedule, without any set-off, withholding or deduction except such amount (if any) of tax as that party is required to deduct or withhold by law.

7.2 The time of payment shall be of the essence of these terms and conditions. If the Customer fails to make any payment on the due date in respect of the price or any other sum due under these terms and conditions then the Supplier shall, without prejudice to any right which the Supplier may have pursuant to any statutory provision in force from time to time, have the right to charge the Customer interest on a daily basis at an annual rate equal to the aggregate of 4% per cent and the base rate of 0.5% from time to time on any sum due and not paid on the due date. Such interest shall be calculated cumulatively on a daily basis and shall run from day to day and accrue after as well as before any judgement.

7.3 All payments shall be made to the Supplier as indicated on the form of acceptance or invoice issued by the Supplier.

7.4 Subscription Charges (Future Services):

7.4.1 Trial subscriptions will automatically convert to a monthly or annual subscription (as advertised on the landing page) at expiry unless cancelled during the trial period by the user.

7.4.2 Subscriptions will continue month to month or year to year until terminated. Unless the subscription is canceled one week before the monthly or annual renewal date, the following month’s or year's fees and charges will be charged to your nominated Payment Method.

7.4.3 Payments: the subscription fees and charges will be billed on a monthly or annual basis to your Payment Method on the commencement day of your first paid subscription.

7.4.4 Eddie Viteri reserves the right to vary the fees charged for our subscription based Products from time to time. If fees are varied through the exercise of this right, then Eddie Viteri will inform you of any such variation and provide you with one month’s notice of any such change.

7.4.5 If you do not agree to this variation, you may cancel your subscription within 5 days of the changes coming into effect; you agree that this will be your only remedy with regards to a variation of our subscription charges. If you do not chose to cancel your subscription within 5 days of the change coming into effect, you will be deemed to have accepted the variation.

7.4.6 Upon your subscription to the Product, unless you notify us otherwise, you agree to subscription fees and all other charges relating to the subscription being billed automatically each month or every year to the nominated Payment Method provided by you during the Order process.

7.4.7 You must notify Eddie Viteri of any change to your Payment Method. If you do not notify us of any such change, then Eddie Viteri will assume that the details of your Payment Method remain correct and will continue to bill any fees or charges relating to your subscription to your nominated Payment Method.

7.4.8 If any subscription fees or charges billed to your account, are not processed for any reason, then Eddie Viteri will have the right to suspend your subscription until all fees and charges have been paid in full.

7.4.9 You agree to pay all costs, including legal fees on a full indemnity basis, which are incurred by Eddie Viteri in collecting any unpaid subscription fees or charges from the Customer.

7.5.0 Subscription fees will apply regardless of whether or not you use your subscription.

7.5.1 For all enquiries about your order, such as delivery, cancellation, please email us at [email protected] quoting the agreement ID shown above.

7.5.2 The 7 Day Free Trial can only be taken advantage of once. Any subsequent free trials will be charged at full price of a Level 1 Enrollment price.

7.5.3 The 7 Day Free Trial will automatically expire at the end of the trial period or unless the user has enrolled into a paid subscription.

7.5.4 The 7 Day Free Trial will run for 10 days from the Commencement Date.

7.5.5 The 7 Day Free Trial carries no charges or fees.

8. Delivery and Performance

8.1 Delivery of the Goods shall be made by the Supplier delivering the Goods to the reasonable place specified in the specification schedule.

8.2 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Supplier in writing. The Goods may be delivered by the Supplier in advance of the Delivery Date upon giving reasonable notice to the Customer.

8.3 If the Customer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licenses, consents or authorizations required to enable the Goods to be delivered on that date, the Supplier shall be entitled upon given written notice to the Customer to store or arrange for the storage of the Goods and then notwithstanding the provision of Condition 10.1 of these Conditions risk in the Goods shall pass to the Customer, delivery shall be deemed to have taken place and the Customer shall pay to the Supplier all costs and expenses including storage and insurance charges arising from such failure.

8.4 With effect from the Commencement Date the Supplier shall, in consideration of the amount(s) being paid in accordance with the specification schedule, provide the services expressly identified in the specification schedule or otherwise agreed under this agreement.

9. Non-Delivery of Goods and Services

9.1 If the Supplier fails to deliver the Goods or Services and any of them on the Delivery Date other than for reasons outside the Supplier's reasonable control or the Customer's or its carrier's fault:

1. if the Supplier delivers the Goods and Services at any time thereafter the Supplier shall have no liability in respect of such late delivery;

9.2. Delivery of the Goods with 'Lifetime Access' is applicable only whilst the Supplier's business is a going concern. No refunds will be available for the Goods with 'Lifetime Access' should Supplier's business be no longer in operation. Eddie Viteri does not represent or warrant that Supplier's Services and Goods will be available at all times.

10. Risk and Retention of Title

10.1 Risk of damage to or loss of the Goods shall pass to the Customer at:

1. in the case of Goods to be delivered at the Supplier's address, the time when the Supplier notifies the Customer that the Goods are available for collection;

2. in the case of Goods to be delivered otherwise than at the Supplier's address, the time of delivery or, if the Customer wrongfully fails to take delivery of the Goods, the time when the Supplier has tendered delivery of the Goods; or

3. in the case of goods being installed by the Supplier, the time that the Supplier notifies the Customer that the installation is complete.

10.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, legal and beneficial title of the Goods shall not pass to the Customer until the Supplier has received in cash or cleared funds payment in full of the price of the Goods.

10.3 Sub-clause 10.2 notwithstanding, legal and beneficial title of the Goods shall not pass to the Customer until the Supplier has received in cash or cleared funds payment in full of the price of the Goods and any other goods supplied by the Supplier and the Customer has repaid all moneys owed to the Supplier, regardless of how such indebtedness arose.

10.4 Until payment has been made to the Supplier in accordance with these Conditions and title in the Goods has passed to the Customer, the Customer shall be in possession of the Goods as bailee for the Supplier and the Customer shall store the Goods separately and in an appropriate environment, shall ensure that they are identifiable as being supplied by the Supplier and shall insure the Goods against all reasonable risks.

10.5 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the Supplier, but if the Customer does so all money owing by the Customer to the Supplier shall (without prejudice to any other right or remedy of the Supplier) forthwith become due and payable.

10.6 The Supplier reserves the right to repossess any Goods in which the Supplier retains title without notice. In the event of repossession the Customer shall deliver up to the Supplier all Goods in which title has not passed, the cost of which shall be borne by the Customer.

10.7 The Customer’s right to possession of the Goods in which the Supplier maintains legal and beneficial title shall terminate if;

1. The Customer commits or permits any material breach of his obligations under these Conditions;

2. The Customer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors.

11. Assignment

11.1 The Supplier may assign the Contract or any part of it to any person, firm or company.

11.2 The Customer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Supplier.

12. Defective Goods

12.1 If on delivery any of the Goods are defective in any material respect and either the Customer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery "condition and contents unknown" the Customer gives written notice of such defect to the Supplier within three business days of such delivery, the Supplier shall at its option:-

1. replace the defective Goods within 14 days of receiving the Customer's notice; or

2. refund to the Customer the price for the goods which are defective; but the Supplier shall have no further liability to the Customer in respect thereof and the Customer may not reject the Goods if delivery is not refused or notice given by the Customer as aforesaid.

12.2 No Goods may be returned to the Supplier without the prior agreement in writing of the Supplier. Subject thereto any Goods returned which the Supplier is satisfied were supplied subject to defects of quality or condition which would not be apparent on inspection shall either be replaced free of charge or, at the Supplier's sole discretion the Supplier shall refund or credit to the Customer the price of such defective Goods but the Supplier shall have no further liability to the Customer.

12.3 The Supplier shall be under no liability in respect of any defect arising from fair wear and tear, or any willful damage, negligence, subjection to normal conditions, failure to follow the Supplier's instructions (whether oral or in writing), misuse or alteration of the Goods without the Supplier's approval, or any other act or omission on the part of the Customer, its employees or agents or any third party.

12.4 Goods, other than defective Goods returned under Conditions 12.1 or 12.2, returned by the Customer and accepted by the Supplier may be credited to the Customer at the Supplier's sole discretion and without any obligation on the part of the Supplier.

12.5 Subject as expressly provided in these Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

12.6 The Customer shall be responsible to ensure that, except to the extent that instructions as to the use or sale of the Goods are contained in the packaging or labelling of the Goods, any use or sale of the Goods by the Customer is in compliance with all applicable statutory handling and sale of the Goods by the Customer is carried out in accordance with directions given by the Supplier or any competent governmental or regulatory authority and the Customer will indemnify the Supplier against any liability loss or damage which the Supplier might suffer as a result of the Customer's failure to comply with this condition.

13. Right to Return Faulty Goods

13.1 If the Customer receives faulty/damaged Goods purchased from the Seller, the Customer may return the Goods to the Seller and obtain an exchange of the identical or similar Goods, provided:-

1. The Customer informs the Seller of the decision to return and exchange the faulty good within 3 Calendar Days of delivery of the Goods; and

2. The Goods are returned in their original condition; and

3. The Goods are returned in accordance with condition 13.3 below.

13.2 While the Goods remain in the Seller’s possession the Seller is under a duty to ensure that the Goods are kept safe and secure.

13.3 Where the Goods are custom made to the order of the Buyer, the Buyer shall not be entitled to return the Goods unless the Goods are faulty. The statutory rights of the Buyer are unaffected.

13.4. Delivery of the Goods with 'Lifetime Access' is applicable only whilst the Supplier's business is a going concern. No refunds will be available for the Goods with 'Lifetime Access' should Supplier's business be no longer in operation. Eddie Viteri does not represent or warrant that Supplier's Services and Goods will be available at all times.

14. Customer's Default

14.1 If the Customer fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to:

1. cancel the order or suspend any further deliveries of Goods and Services to the Customer;

2. appropriate any payment made by the Customer to such of the Goods and Services (or the goods and services supplied under any other contract between the Customer and the Supplier) as the Supplier may think fit (notwithstanding any purported appropriation by the Customer);

14.2 This condition applies if:

1. the Customer fails to perform or observe any of its obligations hereunder or is otherwise in breach of the Contract; or

2. the Customer becomes subject to an administration order or makes any voluntary arrangement with its creditors (within the meaning of the Insolvency Act 1986) or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation; or

3. an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Customer; or

4. the Customer ceases, or threatens to cease, to carry on business; or

5. the Supplier reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.

14.3 If this Condition applies then, without prejudice to any other right or remedy available to the Supplier, the Supplier shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

15. Liability

15.1 If the Supplier fails to perform the service with care and skill it will carry out remedial action at no extra cost to the Customer. If no remedial action is possible the Supplier will pay for the damage caused.

15.2 The Customer shall indemnify the Supplier against all damages, costs, claims and expenses suffered by the Supplier arising from loss or damage to any equipment (including that of third parties) caused by the Customer, or its agent or employees.

15.3 Where the Customer consists of two or more persons such expression throughout shall mean and include such two or more persons and each or any of them. All obligations on the part of such a Customer shall be joint and several obligations of such persons.

16. Communications

16.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax or sent by electronic mail (email):

1 (in the case of communications to the Supplier) to its registered office or such changed address as shall be notified to the Customer by the Supplier; or

2 (in the case of the communications to the Customer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Customer set out in any document which forms part of the Contract or such other address as shall be notified to the Supplier by the Customer.

16.2 Communications shall be deemed to have been received:

1 if sent by pre-paid first class post, two Business Days after posting (exclusive of the day of posting); or

2 if delivered by hand, on the day of delivery; or

3 if sent by fax or electronic mail on a Business Day prior to 4.00 pm, at the time of transmission and otherwise on the next Business Day.

16.3 Communications addressed to the Supplier shall be marked for the attention of Eddie Viteri

17. Force Majeure

17.1 In the event that either party is prevented from fulfilling its obligations under this Agreement by reason of any supervening event beyond its control including but not limited to war, national emergency, flood, earthquake, strike or lockout (subject to Sub-clause 17.2) the party shall not be deemed to be in breach of its obligations under this Agreement. The party shall immediately give notice of this to the other party and must take all reasonable steps to resume performance of its obligations.

17.2 Sub-clause 17.1 shall not apply with respect to strikes and lockouts where such action has been induced by the party so incapacitated.

17.3 Each party shall be liable to pay to the other damages for any breach of this Agreement and all expenses and costs incurred by that party in enforcing its rights under this Agreement.

17.4 If and when the period of such incapacity exceeds 2 months then this Agreement shall automatically terminate unless the parties first agree otherwise in writing.

18. Waiver

No waiver by the Supplier of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

19. Severance

If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.

20. Third Party Rights

A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.

21. Governing Law and Jurisdiction

The laws of the United States Of America shall govern these terms and conditions and the parties agree to submit to the exclusive jurisdiction of the United States courts.

III. BUSINESS-TO-CONSUMER (B2C) SALES OF SERVICE TERMS AND CONDITIONS:

This agreement applies as between you, the User of this Web Site and Eddie Viteri, the owner (s) of this Web Site. Your agreement to comply with and be bound by these Terms Of Service is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms Of Service, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon us having accepted your payment.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;

“Service” means collectively any online facilities, tools, services or information that Eddie Viteri makes available through the Web Site either now or in the future;

“Services” means the services available to you through this Web Site, specifically Training & Consultancy;

“Payment Information” means any details required for the purchase of Services from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Purchase Information” means collectively any orders, invoices, and receipts or similar that may be in hard copy or electronic form;

“System” means any online communications infrastructure that Eddie Viteri makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” means any third party that accesses the Web Site and is not employed by Eddie Viteri and acting in the course of their employment; and

“Web Site” means the website that you are currently using www.eddieviteri.com and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Age Restrictions

Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Business Customers

These Terms Of Service also do apply to customers procuring Services in the course of business.

4. Intellectual Property

1. Subject to the exceptions in Clause 5 of these Terms Of Service, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Eddie Viteri, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable international copyright and intellectual property laws, and other laws.

2. Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Eddie Viteri.

5. Third Party Intellectual Property

1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7. Links to Other Web Sites

8. Links to this Web Site

9. Use of Communications Facilities

1. When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:

2. You must not use obscene or vulgar language;

4. You must not submit Content that is intended to promote or incite violence;

5. It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

6. The means by which you identify yourself must not violate these terms of use or any applicable laws;

7. You must not impersonate other people, particularly employees and representatives of Eddie Viteri or our affiliates; and

8. You must not use our System for unauthorized mass-communication such as “spam” or “junk mail”. You acknowledge that Eddie Viteri reserves the right to monitor any and all communications made to us or using our System.

10. Accounts

1 In order to procure Services on this Web Site and to use the Forums, Chats, and Blogs or Similar facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:

1 all information you submit is accurate and truthful;

2 you have permission to submit Payment Information where permission may be required; and

3 you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

4 It is explicitly forbidden to share your Account details, particularly your username and password. Eddie Viteri accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your Internet browser.

5 If anyone else uses your account details to access any products you have purchased then this will constitute a new sale by Eddie Viteri to you and you will be responsible for payment.

6 If you have reason to believe that another party without consent has obtained your Account details, you should contact Eddie Viteri immediately to suspend your Account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to your notifying us of the unauthorized nature of the order or payment, Eddie Viteri accepts no liability or responsibility and you should make contact with the third party service provider detailed in the Purchase Information OR Eddie Viteri will suspend provision of Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel the Services and make a full or partial refund of the payment.

11. Termination and Cancellation

1 Either Eddie Viteri or you may terminate your Account. If Eddie Viteri terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

2 If Eddie Viteri terminates your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

3 Eddie Viteri reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.

4 If orders or payments are cancelled for any reason prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases.

12. Services, Pricing and Availability

1 Whilst every effort has been made to ensure that all descriptions of Services available from Eddie Viteri correspond to the actual Services, Eddie Viteri is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.4 for incorrect Services.

2 Where appropriate, you may be required to select the required Package or Service(s).

3 Eddie Viteri does not represent or warrant that such Services will be available. Availability indications may be provided on the Web Site. However, these may not take into account orders that have taken place during your visit to the website.

4 All pricing information on the Web Site is correct at the time of going online. Eddie Viteri reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated regularly.

5 In the event that prices are changed during the period between an order being placed for Services and Eddie Viteri processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price OR provision of Services shall commence as per your order and you will be charged the original price.

6 All prices on the Web Site do not include VAT.

13. Provision of Services

1 Provision of Services shall commence when full payment has been received and upon receipt of the uploaded Student Agreement signed by the Customer, and as otherwise detailed in the Terms Of Service pertaining directly to those Services.

2 Eddie Viteri shall use its best endeavors to provide the Services with reasonable skill and care.

3 Provision of all Services shall be subject to the terms and conditions pertaining directly to those Services.

4 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake. Eddie Viteri will ensure that any necessary corrections to the Services provided are made within 7 working days.

5 Eddie Viteri reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 13. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

1 Any use or enjoyment that you may have already derived from the Services;

2 Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of Eddie Viteri.

Such discretion to be exercised only within the confines of the law.

14. Privacy

Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference.

15. Disclaimers

1 Eddie Viteri makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.

3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

16. Changes to the Service and these Terms Of Service

Eddie Viteri reserves the right to change the Web Site, its Content or these Terms Of Service at any time. You will be bound by any changes to the Terms Of Service from the first time you use the Web Site following the changes. If Eddie Viteri is required to make any changes to Terms Of Service by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

17. Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Eddie Viteri accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

18. Limitation of Liability

1 To the maximum extent permitted by law, Eddie Viteri accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and it’s Content at their own risk.

2 Nothing in these Terms Of Service excludes or restricts Eddie Viteri’s liability for death or personal injury resulting from any negligence or fraud on the part of Eddie Viteri.

3 Nothing in these Terms Of Service excludes or restricts Eddie Viteri’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Web Site.

4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

19. No Waiver

In the event that any party to these Terms Of Service fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

20. Previous Terms Of Service

In the event of any conflict between these Terms Of Service and any prior versions thereof, the provisions of these Terms Of Service shall prevail unless it is expressly stated otherwise.

21. Notices

All notices / communications shall be given to us by email to [email protected]. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

22. Law and Jurisdiction

These terms and conditions and the relationship between you and Eddie Viteri shall be governed by and construed in accordance with the laws of the United States Of America, and Eddie Viteri and you agree to submit to the exclusive jurisdiction of the Courts of the United States Of America.

IV. PRIVACY POLICY:

This Policy applies as between you, the User of this Web Site and Eddie Viteri, the owner and provider of this Web Site and its connected persons and companies. This Policy applies to our use of any and all Data collected by us in relation to your use of the Web Site and any Services or Systems therein. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.

1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

“Account” Means collectively the personal information, Payment Information and credentials used by Users to access Material and / or any communications System on the Web Site;

“Content” Means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;

“Cookie” Means, a small text file placed on your computer by Eddie Viteri when you visit certain parts of this Web Site. This allows us to identify recurring visitors and to analyze their browsing habits within the Web Site. Where e-commerce facilities are provided, Cookies may be used to store your Orders’, Shopping Basket etc., with Eddie Viteri. Further details are contained in Clause 10 and Schedule 1 of this Policy;

“Data” Means, collectively all information that you submit to the Web Site. This includes, but is not limited to, Account details and information submitted using any of our Services or Systems;

“Service” Means collectively any online facilities, tools, services or information that Eddie Viteri makes available through the Web Site either now or in the future;

“System” Means, any online communications infrastructure that Eddie Viteri makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” Means, any third party that accesses the Web Site and is not employed by Eddie Viteri and acting in the course of their employment; and

“Web Site” Means, the website that you are currently using www.eddieviteri.com and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Data Collected

Without limitation, any of the following Data may be collected:

1 Name;

2 Date of birth;

3 Gender;

4 Job title;

5 Profession;

6 Contact information such as email addresses and telephone numbers;

7 Demographic information such as postal and billing address, post code, preferences and interests;

8 Financial information such as credit / debit card numbers;

9 IP address (automatically collected);

10 Web browser type and version (automatically collected);

11 Operating system (automatically collected);

12 A list of URLS starting with a referring site, your activity on this Web Site, and the site you exit to (automatically collected); and

13 Cookie information (see clause 11 below).

14 Education, CV, Employment Status, Work Preferences, Employment Details.

15. Date of enrollment into the Content, subscription to a newsletter, and in connection with other activities, services, features or resources we make available.

3. Our Use of Data

3.1 Data that you may submit through any communications System that we may provide may be retained for a longer period of up to 24 Months. Please note: Financial information such as credit/debit card numbers are not held or stored by us; your payments are processed on a secure payment gateway such as Teachable and Stripe.

3.2 Unless we are obliged or permitted by law to do so, and subject to Clause 4, your Data will not be disclosed to third parties. This includes our affiliates and / or other companies within our group.

3.3 All personal Data is stored securely in accordance with the principles of the Data Protection Act 1998 and The General Data Protection Regulation (GDPR).

For more details on security, see clause 10 below.

3.4 Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and personalize user experience when using our Web Site. Specifically, Data may be used by us for the following reasons:

3.5 Internal record keeping;

3.6 Improvement of our products / services;

3.7 Transmission by email of promotional materials that may be of interest to you;

3.8 Contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customize or update the Web Site.

4. Third Party Web Sites and Services

Eddie Viteri may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling, delivery of purchased items, search engine facilities, advertising and marketing. The providers of such services DO NOT have access to certain personal Data provided by Users of this Web Site. Any Data used by such parties is used only to the extent required by them to perform the services that Eddie Viteri requests. Any use for other purposes is strictly prohibited. Furthermore, any Data that is processed by third parties must be processed within the terms of this Policy and in accordance with the Data Protection Act 1998 and The General Data Protection Regulation (GDPR).

5. Marketing

5.1 We will use Your Data to keep you informed of our products and services by letter, telephone (including text messages), electronically (including e-mail) or otherwise only if we have your consent to receive marketing related information from us as from May 25, 2018 when GDPR comes into effect. Our Associated Companies will also be able to contact you in these ways about their products and services. We work adhering to the highest professional and ethical standards, and we respect your privacy, therefore, we can assure you we will not distribute marketing offers frequently. We would contact you only on the occasions when we have your consent and when we think this could really benefit you in relation to your educational goals or when we have a legitimate interest. When we have a legitimate business or commercial reason to use your information we would still only do it in a way that does not unfairly go against what is right and best for you and complying with regulations that apply to us.

You consent to the use of Your Data in this way, but if you do not wish to give us your consent please refer to 5.2.

5.2. You can tell us any time that you do not wish us or our Associated Companies to use Your Data for some or any type of profiling and marketing reasons. In order for you to be able to do so, we have several options for you:

a. you can use unsubscribe links which are available in all our email communication

b. you can also write to us at [email protected] and we will assist you normally within 48-72 hours.

Please kindly note that if you withdraw your consent, we may not be able to provide certain products or services to you. However, if you are our existing customer and have purchased a product and service you will receive all necessary information about that product or service, there is nothing to worry about! For more please also refer to our Terms Of Service.

5.3 www.eddieviteri.com, may from time to time contain links to and from the websites of our partner networks, advertisers and Associated Companies. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit Your Data to these websites.

6. Changes of Business Ownership and Control

6.1 Eddie Viteri may, from time to time, expand or reduce its business and this may involve the sale of certain divisions or the transfer of control of certain divisions to other parties. Data provided by Users will, where it is relevant to any division so transferred, be transferred along with that division and the new owner or newly controlling party will, under the terms of this Policy, be permitted to use the Data for the purposes for which it was supplied by you.

6.2 In the event that any Data submitted by Users will be transferred in such a manner, you will be contacted in advance and informed of the changes. When contacted you will be given the choice to have your data deleted or withheld from the new owner or controller.

7. Controlling Access to your Data

7.1 Wherever you are required to submit Data, you will be given options to review our privacy policies and should you not want to proceed you should immediately stop filling your details. This may include the following:

7.2 In relation to us using your Data for marketing purposes, refer to Section 5 (clause 5.1-3) outlined in this document.

7.3 You are entitled to notify us of any inaccuracies in any information we hold in relation to you as well as edit your personal information in your account area, section “Edit Profile”. In addition, you should inform us by email [email protected] if any of your personal details change, so that we can keep our records up to date.

7.4 You also have the right to object to certain ways that we use your personal data, or to ask us to delete, remove, or stop using your personal data if there is no need for us to keep it. This is known as the ‘right to object’ and ‘right to erasure’, or the ‘right to be forgotten’. Please refer to section 8 and 9.

8. Your Right to Withhold Information

8.1 You may access certain areas of the Web Site without providing any Data at all. However, to use all Services and Systems available on the Web Site you may be required to submit Account information or other Data.

8.2 You may restrict your internet browser’s use of Cookies. For more information see clause 11.4 below.

9. Accessing your own Data

9.1 You may access your Account at any time to view or amend the Data in the section “Edit Profile”. You may need to modify or update your Data if your circumstances change. Additional Data as to your marketing preferences may also be stored and you may change your consent at any time. For more information how to do it, please refer to the Section 5 (clause 5.2).

9.2 You have the legal right to ask for a copy of any of your personal data held by us (where such data is held). Please contact us for more details at [email protected]. Any access request may be subject to a fee permitted by the Act.

10. Security

10.1 Data security is of great importance to Eddie Viteri and to protect your Data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure Data collected online, including the Secure Sockets Layer (SSL) standard security protocol to encrypt and ensure that data taken from the Web Site is confidential.

10.2 What happens if we send your data outside of the EEA?

We will only send your data outside of the European Economic Area (‘EEA’) to:

• Comply with a legal duty

• Provide our products and services

If we do transfer information outside of the EEA, we will make sure that it is protected in the same way as if it was being used in the EEA. To do this, we will use one or more of these safeguards:

• Only transfer it to a non-EEA country with privacy laws that give the same protection as the EEA, as deemed by the European Commission

• Ensure that a contract with the recipient is in place that means they must protect it to the same standards as the EEA

You can find out more about these safeguards on the European Commission Justice and Information Commissioner’s Office (ICO) websites.

11. Cookies

11.1 Eddie Viteri, may set and access Cookies on your computer. Cookies that may be placed on your computer are detailed in Schedule 1 to this Policy.

11.2 A Cookie is a small file that resides on your computer’s hard drive and often contains an anonymous unique identifier and is accessible only by the web site that placed it there, not any other sites.

11.3 You may delete Cookies; however, you may lose any information that enables you to access the Web Site more quickly.

11.4 You can choose to enable or disable Cookies in your web browser. By default, your browser will accept Cookies, however this can be altered. For further details please consult the help menu in your browser. Disabling Cookies may prevent you from using the full range of Services available on the Web Site.

12. Summary of Your Rights under GDPR

12.1 the right to request access to, deletion of or correction of, your personal data held by Us;

12.2 the right to complain to a supervisory authority;

12.3 be informed of what data processing is taking place;

12.4 the right to restrict processing;

12.5 the right to data portability;

12.6 object to processing of your personal data;

12.7 rights with respect to automated decision-making and profiling (see section 14 below).

To enforce any of the foregoing rights or if you have any other questions about Our Site or this Privacy Policy, please contact Us using the details set out in section 14 below.

13. Changes to this Policy

Eddie Viteri reserves the right to change this Privacy Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Web Site and you are deemed to have accepted the terms of the Policy on your first use of the Web Site following the alterations. We recommend that you check this page regularly to keep up-to-date.

14. Contact

If you have any questions, or wish to make a suggestion or complaint, please contact us at [email protected] and we will do our best to answer your questions or otherwise resolve the matter to your convenience.

V. FORUMS / COMMUNITY WEBSITE & EARNINGS DISCLAIMER

1 Eddie Viteri makes no warranty or representation that this website or the service(s) provided thereby will meet your requirements, that they will be of satisfactory quality, that they will be fit for a particular purpose, that they will not infringe the rights of third parties, that they will be compatible with all computer systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of this website.

2 Eddie Viteri is not responsible for any material created or submitted by users of this website. No material created by users is endorsed or otherwise supported by www.eddieviteri.com. Eddie Viteri assumes no responsibility for any offence, loss or other harm resulting from material created or submitted by users.

3 No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.

4 Commercial use of the information on this website is not permitted, and Eddie Viteri makes no representation or warranty that the content of this website is suitable for use in personal or commercial situations or that it constitutes accurate data and / or advice on which personal or business decisions can be based.

5 Whilst every effort has been made to ensure that all descriptions of services available from Eddie Viteri correspond to the actual services available, Eddie Viteri is not responsible for any variations from these descriptions.

6 Whilst every reasonable endeavor has been made to ensure that all information provided on this website will be accurate and up to date, Eddie Viteri makes no warranty or representation that this is the case.

7 Eddie Viteri gives no guarantee of any specific results from the use of this website or the service(s) provided thereby. Eddie Viteri, neither warrants, represents nor implies that you will derive any benefit, financial or otherwise, from your use of this website or the service(s) provided thereby.

8 Results derived from the use of this website or the service(s) provided thereby will vary from one user to another and will depend upon a user’s own input, efforts, circumstances, knowledge and experience.

9 No guarantee is given of successful results from the use of this website or the service(s) provided thereby. This website and the service(s) provided thereby merely provide the possibility that users may experience some benefit if the information and facilities provided are applied correctly.

VI. TERMS & CONDITIONS OF THE WEB SITE'S AFFILIATE PARTNERS

c. This Affiliate Agreement (“Agreement”) contains the complete Terms Of Service between Affiliate (“the Affiliate”) and Eddie Viteri; together (“the Parties”).

1. General

1.1 In completing the Affiliate Sign-up Form, and, subsequently marketing and referring new Members to Eddie Viteri, affiliate agrees to be bound by all the Terms Of Service set out in this Agreement.

1.2 The Affiliate must provide true and complete information to us at all times; including but not limited to, Affiliate’s contact information, payment instructions, nationality, residency, location, and any other information that Eddie Viteri may request.

1.3 On Affiliate’s acceptance of this Agreement by completing the Sign-up Form, Eddie Viteri will automatically become your counter-party to this Agreement.

2. Marketing Code and Rules ("the Code")

2.1 Any marketing activities done by Affiliate for Eddie Viteri must be in accordance with this document and you acknowledge our right to terminate, change, modify and /or withdraw any type of marketing activity if in, our reasonable opinion, the marketing activity does not comply with the Code, any applicable law and/or the Terms Of Service. If the situation is not rectified to our reasonable satisfaction within the given time period, Eddie Viteri shall be entitled to terminate this Agreement without further notice.

2.2 The Code shall not be seen or understood as an exhaustive set of rules; Affiliate is obliged to market the Eddie Viteri site in the light of any other set of rules, applicable laws and instructions applicable to the specific marketing situation.

2.3 Affiliate shall not publish, advertise and/or promote in any manner whatsoever, through any channel, medium and/or activities that:

• encourages anyone to contravene any law; or

• exceeds the limits of decency; or

2.4 Affiliate shall when publishing intellectual property such as trademarks, marks, texts, content and logos and/or pictures or photographs reproducing or visualizing intellectual property or individuals in any manner whatsoever, through any medium and in any place secure and assure that you have obtained the permission to use such material from the owner of the intellectual property or the individual.

2.5 Affiliate has no right or authority to assume or to create any contractual obligation or responsibility for and on behalf of Eddie Viteri.

2.6. Affiliate shall consult with Eddie Viteri before the launch of any marketing activity if in any doubt about how the marketing activity acts in accordance with to the Code.

2.7 Affiliate may market to and refer potential Members to Eddie Viteri at Affiliate’s own expense. Affiliate will be solely responsible for the costs arising from the preparation of content and Affiliate’s marketing activities.

2.8 Affiliate is only allowed to advertise Eddie Viteri through approved marketing activities. The use of spam e-mails or advertising on adult web sites is strictly forbidden. If Eddie Viteri finds that Affiliate has participated in such activities, Eddie Viteri reserves the right to close Affiliate’s account immediately and withhold all earnings and remaining funds on account(s).

3. Affiliate Commission

3.1 Commission payable to the Affiliate is 10% of attributable Net Revenue, that is USD$250 from a user’s enrollment into Level 2 or 3, or USD$500 from a user’s Full Enrollment.

3.2 Eddie Viteri reserves the right to withhold affiliate payments and/or suspend or close accounts where affiliated customers are found to be abusing any of our offers or promotions whether with or without the affiliates knowledge.

4. Tracking

4.1 All New Members that use an Affiliate unique tracking code will automatically be tagged to the Affiliate.

4.2 A "New Member" is defined as a new user without a prior account with www.eddieviteri.com and no previous record of their email address, or other details that Eddie Viteri deem to show connection between accounts, that opens a new user account and makes a payment to enroll in Level 2, Level 3 or Full Enrollment. If the beneficial owners of Affiliate or their relatives become New Members, Affiliate will not be eligible to receive the relevant commission. Eddie Viteri measurements and calculations in relation to the number of New Members and the relevant Revenue figures shall be the sole and authoritative tool, and shall not be open to review or appeal.

4.3 Eddie Viteri will track and report Member activity for purposes of calculating Affiliate’s Affiliate commission. Affiliate will be provided a web interface allowing Affiliate to follow sales generated from the Affiliate’s traffic activity. Normally all the data will be updated at least every day.

5. Settlement

5.1 All commissions are paid to the Affiliate on the first business day of the month, no later than 30 days after the end of each calendar month.

5.2 Eddie Viteri reserves the right to freeze pay-outs if investigations regarding fraud or abuse needs to be conducted before the commission can be determined.

5.3 If paid Charge Backs exceed the amounts paid to the Affiliate, the Net Losses will be carried forward to the next month.

5.4 If the Affiliate disagrees with the monthly settlement report or amount payable, no payment for such amount should be accepted and a written notice of the disputed amount should immediately be sent to Eddie Viteri. Dispute notices must be received within sixty (60) days of the end of each period for which payment is made, or the Affiliate’s right to dispute such report or payment will be deemed waived.

5.5 The Affiliate bears the sole responsibility to report revenues and pay taxes (if applicable) to local authorities. Eddie Viteri takes no responsibility whatsoever toward local authorities.

6. Term and Termination

6.1 This Agreement will take effect after the Affiliate requests the Affiliate Agreement and thereafter the Affiliate completes, signs and uploads the Affiliate Agreement and it has been accepted and authorized by Eddie Viteri, and will continue until terminated by either Party.

6.2 This Agreement is not limited in time and is extended for as long as both Parties fulfill their obligations and neither of the Parties has terminated the Agreement.

6.3 Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party notice of termination. Such notice shall be may made in writing and can be sent via email to [email protected].

6.4 This Agreement can be terminated by Eddie Viteri without any notice if Affiliate ceases promoting Eddie Viteri services.

6.5 If this Agreement is terminated Affiliate should immediately remove all links, marks and logos, etc., from Affiliate’s website.

7. Rights and Obligations

7.1 Members tagged to the Affiliate will remain tagged to the Affiliate as long as this Agreement is valid unless otherwise agreed between the Parties. If the ownership of Eddie Viteri changes, the obligations under this Agreement shall be honored by the new owners.

7.2 Eddie Viteri reserves the right to transfer its rights and obligations according to this Agreement to another party, after notice to the Affiliate. Such notice will be considered given after the Terms Of Service for Affiliates have been updated on www.eddieviteri.com or written notice given to the Affiliate.

7.3 This Agreement and the rights and obligations hereunder may not be assigned by you without Eddie Viteri’s written consent.

7.4 All information, including but not limited to email addresses, customer personal details, business and financial data and information, lists of customers shall be treated confidentially. These details must not be used for the Affiliate's own commercial or other purposes, nor communicated to any third party for any reason.

8. Liabilities

8.1 We do not guarantee that our system, network, software or hardware will be error free or operated without disturbances.

8.2 The obligations of Eddie Viteri under this Agreement do not constitute personal obligations of the directors, officers, employees or shareholders of Eddie Viteri or any related company or partner. Any liability arising under this Agreement will be satisfied solely from the revenues generated hereunder. Liability of Eddie Viteri is limited to direct damages, and in no event will we be liable for any indirect, special, incidental, consequential or punitive loss, injury or damage of any kind.

8.3 You acknowledge that you have read this Agreement and agree to all its terms and conditions.

9. Miscellaneous

9.1 Eddie Viteri reserves the right to modify any of the terms of this Agreement at any time, in our sole discretion, by either emailing you a change notice or by posting the new version of the Agreement on www.eddieviteri.com. It is your responsibility to visit the website frequently to make sure you are up to date with the latest version of the Agreement and its provisions. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program following posting or notice of change will be deemed binding acceptance of the modification.

9.2 All notices pertaining to this Agreement shall be given to Eddie Viteri in writing by email to [email protected]. Notices to the Affiliate will be sent to you at the email address provided in your Affiliate Account.

9.3 The validity of this Agreement, its construction, interpretation, and enforcement, and the rights of the Parties hereto will be determined in accordance with the laws of the United States of America, without regard to any conflict or choice of law principles. This Terms Of Service will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

BY SUBMITTING THE SIGN-UP FORM YOU EXPRESSLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

If you have any questions or want more details about the website, the Terms Of Service or like to know in further detail how we use your personal data after you have read our Terms Of Service and Privacy Policy, please let us know. Email us at [email protected]. We normally respond to all inquiries within 48-72 hours.