TERMS OF ENROLLMENT

 

Our Right to Terminate Your Enrollment

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

• you become disruptive or difficult to work with;

• you fail to follow the program guidelines; or,

• you impair the participation of our instructors or participants in our program(s).

By enrolling in this program or membership, or by reviewing any related materials, you agree to take full responsibility for your own results, or lack thereof. Our team is here to support you, but you should always do your own due diligence before making any investment of time, resources, or taking any risk.

Success is your duty, obligation and responsibility.

Content Policy

• Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual.

• All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available by the Company or its designated facilitators, or any other source, oral or written, are for personal use in or in conjunction with this training program only.

• Program content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Company, or its designated agent.

• The information contained in program material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.

• We assume no responsibility for errors or omissions that may appear in any program materials.

• User names and passwords may not be shared with any third-parties.

• Any violation of Company’s policies regarding content usage shall result in the immediate termination of your enrollment without refund.

Privacy and Confidentiality

We respect your privacy and must insist that you respect the privacy of fellow program participants.   We respect your confidential and proprietary information, ideas, plans, and trade secrets (collectively, “Confidential Information”) and must insist that you respect the same rights of fellow Program participants and of the Company.

Thus, you agree:

• Not to infringe any program participants or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights;

• That any Confidential Information shared by program participants or any representative of the Company is confidential and proprietary, and belongs solely and exclusively to the participant who discloses it or the Company;

• Not to disclose such information to any other person or use it in any manner other than in discussion with other program participants during program sessions;

• That all materials and information provided to you by the Company are its confidential and proprietary intellectual property belonging solely and exclusively to the Company, and may only be used by you as authorized by the Company;

• The reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited;

• That if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Company and/or the other program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

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

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Company, their subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of, or the inability to use, Company website or Program Materials, including virtual communication platforms or tools, messaging, blogs, comments of others, books, emails, products, or services, or third-party materials, products, or services made available through the website or by Company in any way, even if Company is advised beforehand of the possibility of such damages. (because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, Company’s liability and the liability of their subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.) You specifically acknowledge and agree that Company is not liable for any defamatory, offensive or illegal conduct of any user. If You are dissatisfied with the site, any materials, products, services provided through training or on the website, or with any of the website’s terms and conditions, your sole and exclusive remedy is to discontinue using the site and the products, services and/or materials.

The Program and Company’s website are continually under development and Company makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. The information provided in this product is sold and provided on an “as is” basis.  Company does not promise or guarantee any income or particular result from your use of the information contained herein. Those results are your responsibility as the end user of the program. In particular, Company shall not be liable to you or any other party for any damages, or costs, of any character including but not limited to direct or indirect, consequential, special, incidental, or other costs or damages, in excess of the purchase price of the program. These limitations may be affected by the laws of particular states.

The Program, Program Materials and website exist for educational purposes only, and the materials and information contained therein are for general informational purposes only.  With regard to financial content contained therein: neither Company nor its owners, officers, directors, employees, subsidiaries, affiliates, licensors, service providers, content providers and agents are financial advisors, or an investment advisory service, and nothing contained in the Program, Program Materials or site is intended to be or to be construed as financial advice, or legal, compliance, financial, tax, accounting or related advice.

The information contained in the Program (including but not limited to content in any format) is based on sources and information reasonably believed to be accurate as of the time it was recorded or created. However, this material deals with topics that are constantly changing and are subject to ongoing changes related to technology and the market place as well as legal and related compliance issues. Therefore, the completeness and current accuracy of the information in the Program, Program Materials or site cannot be guaranteed.

The education and information presented by the Program, Program Materials and website is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. You, as an end user of this information should therefore use the contents of this program and the materials as a general guideline and not as the ultimate source of current information and when appropriate, you understand that you should consult your own legal, accounting, financial, or other advisors.

Any case studies, examples, illustrations, or testimonials cannot guarantee that you will achieve similar results. In fact, your results may vary significantly and factors such as your market, personal effort and many other circumstances may and will cause results to vary.

Your use of the information contained herein is at your own risk. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content contained in the Program, Program Materials or site. you will seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Any and all claims or representations, as to income earnings on the Program, Program Materials or site, are not to be considered as average earnings.  There can be no assurance that any prior successes, or past results, as to income earnings, can be used as an indication of your future success or results.

Monetary and income results are based on many factors. Company has no way of knowing how well you will do, as they do not know you, your background, your work ethic, or your business skills, wisdom, or practices. Therefore Company does not guarantee or imply that you will get rich, that you will do as well, or that you will make any money at all. If you rely upon figures provided in the Program, Program Materials or website; you must accept the risk of not doing as well.

All sales are final.

 License

Your use of, and access to the Program Materials is on a licensed basis. In that regard, Company hereby grants to you, and you hereby accept, the non-exclusive right, license and privilege to use (but not sublicense) the Program Materials.

You agree to:

• Constantly use your best efforts in the use of the Program Materials in a way to protect the good name and goodwill associated with the Program Material and Company;

• Not to attack the title of Company in and to the Program Material nor attack the validity of the license granted hereunder;

• Not harm, misuse or bring into disrepute the Program Material and Company, but to the contrary, will maintain the value and reputation thereof to the best of your ability;

• At all times comply with all applicable government laws and regulations, and all voluntary industry standards relating or pertaining to the use of the Programs and Materials, and shall maintain appropriate customary high-quality standards. You shall also abide by Company’s suggestions and specifications regarding quality control over the use of the Program Material.

The license granted herein does not grant you any right, title or interest, at law or in equity, in or to any of Company’s trademarks, service marks, copyrights, copyrighted material, or any derivative uses thereof, or the name, likeness or image of James Patrick O'Malley or other Company Team Members,  or trade secrets or other rights or intellectual property of any kind, except as provided by said license.  Further, such license applies only to those Program Materials designated herein. You shall not represent to others, or conduct yourself in any manner that might indicate to others, that you possess any other legal or equitable rights in our Program Material, Trademarks, copyrighted materials, trade secrets or other rights or intellectual property of any kind other than by virtue of the license granted hereunder.

Company shall have and hereby reserves all rights and remedies which it has, or which are granted to it by operation of law, to enjoin the unlawful or unauthorized use of the Program Material (any of which injunctive relief may be sought in the courts, and also may be sought prior to or in lieu of termination), and to be compensated for damages for breach of this Agreement.

 Dispute Resolution

All disputes arising under or concerning this Agreement are to be submitted to binding arbitration, in Milwaukee, Wisconsin, USA to be resolved in accordance with the laws of the state of Wisconsin.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

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

Refunds for Coaching, Training, Digital Products, and Courses

All sales for Personal Coaching and Training, Digital Products, and Courses are FINAL and the Company does not offer any refunds or guarantees for such products.

Refunds for Physical Products and Hard Goods

If you have purchased a Physical Product or “hard good” (for example, a book or other tangible product) from Carnaval Pictures, Inc.  or any related brands, you have the right to receive a refund within seven (7) days of the date of your purchase, if you comply with the following conditions:

1. You must request a refund in writing by e-mail using our Contact Us Page.

2. Unless subject to additional rights outlined in your purchase agreement, your request for a refund must be made within seven (7) days of your purchase;

3. You must return the physical product or hard goods to Carnaval Pictures, Inc. immediately, according to the shipping and other instructions you will receive by email after requesting a refund;

4. The physical product or hard goods must be returned to Carnaval Pictures, Inc. in like-new condition, as determined in Carnaval Pictures Inc.’s sole, reasonable discretion.

Automatic Subscription Payment and Cancellation

A Carnaval Pictures, Inc. user is responsible for paying all sums due to in connection with their One Time Purchase or Recurring Monthly Subscription in accordance with these Terms.

The One Time Purchase Fee or First Recurring Fee payable in accordance with these Terms is due when the user account is set up.

If the purchase is a Recurring Monthly Subscription, payment of the monthly fee is a condition of access, or after your free trial ends and you have not canceled the automatic subscription with us.

Every calendar month, your account will be charged the subscription fee for the following month’s subscription. Failure by the Carnaval Pictures, Inc. user to use any of the services available through the service provided, does not relieve the Carnaval Pictures, Inc. user of their payment obligations under these Terms.

Potential users can pay by credit card, debit card, PayPal or another designated payment method noted in writing by the Company.  Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due.  You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount).

Carnaval Pictures, Inc. can change the monthly membership subscription rate at any time.  If the membership subscription rate changes after you subscribe, we will notify you by e-mail and give you an opportunity to cancel.

If you wish to cancel your subscription (including subscriptions for services) at any time, you must submit a cancellation request to us via your Membership Subscription Dashboard. For monthly subscriptions (including subscriptions for services), we require at least 24-hour notice of cancellation.  If you provide such notice less than 24-hours before your next subscription charge date, your credit card may still be charged. You will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments to Carnaval  pictures, Inc.

By enrolling in this membership or reviewing any related materials you agree to take full responsibility for your own results, or lack thereof. Our team is here to support you, but you should always do your own due diligence before making any investment or taking any risk. Success is your duty, obligation and responsibility.