TERMS OF USE -

1.     Acceptance of Terms of Use.
 
THESE TERMS OF USE (“AGREEMENT”) ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND THE OWNER AND OPERATOR (THE “OWNER”) OF THE WWW.TEAMDELTAPOWER.COM WEBSITE (THE “WEBSITE”).  THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE, AND THE PURCHASE OF PRODUCTS OR SERVICES SOLD ON IT, AND YOUR MEMBERSHIP (AS DEFINED HEREIN).  BY ACCESSING AND USING THE WEBSITE, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH THIS AGREEMENT.  IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THIS WEBSITE OR PURCHASE PRODUCTS OR SERVICES FROM THE WEBSITE, OR ANY MEMBERSHIP (AS DEFINED HEREIN).
 
The information provided on this Website is not approved nor endorsed by Premier Financial Alliance, Inc. nor by any of its preferred insurance providers.  
 
This Website is for training purposes and for general information only.  It is not for public distribution.  Actual results may vary dramatically from examples used on the Website, therefore, by following any information on the Website, You may or may not reach the illustrated results.   
 
2.     Personal Information/Privacy.
 
You agree to provide accurate, current and complete information as required for sharing and/or submitting information to the Website.  Owner reserves the right to block, remove, or otherwise delete users who provide false, inaccurate, or incomplete data.  The Privacy Policy explains how Your personally identifiable information is collected, used and disclosed.  The Owner respects Your privacy and will use information provided by You only in accordance with this Agreement and the Privacy Policy.  Further, You agree to be bound by the terms of the Owner’s Privacy Policy which can be found at the following link: www.sealteamtraining.com/privacy-policy.html
 
3.     Accounts; Passwords; Cancellation.
 
3.1.          Accounts
 
You must be 18 years of age or over in order to register on the Website. By creating an account, You warrant that You have full and unrestricted power and authority to use the Website and have the legal capacity to enter into binding contracts. Except with the Owner’s approval, You may only register one account per person on the Website.  Further, the Owner may reject Your application for registration for any reason.


 3.2          Passwords
 
You are responsible for maintaining the confidentiality of Your passwords and You are responsible for all activities that occur in using Your passwords. You agree not to share Your passwords, let anyone else access Your passwords or do anything else that might jeopardize the security of Your passwords. You agree to notify the Owner if there is any unauthorized use of Your password on this Website or You know of any other breach of security in relation to this Website.


 3.3          Cancellation
 
The Owner may immediately suspend or cancel Your account without liability to the Owner by notifying You in writing (including email if:
(i)        You fail to strictly comply with any provisions set out in this Agreement;
(ii)       any information You provide to the Owner through the Website is inaccurate, not current or incomplete; or
You also acknowledge and agree that Owner reserves the right to discontinue electronic access to Your account or cancel your Membership (as defined herein), in whole or in part, at any time, AND FOR ANY REASON.  You acknowledge and agree that the Owner may immediately terminate your account and ability to access this Website or portions of it if you violate conditions of use or if you jeopardize, in any way, the proper and efficient operation of any of the services or products provided through or by the Website.


4.     Disclaimer of Warranties.
 
THE WEBSITE, CONTENT, AND PRODUCTS ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. THE OWNER, ON BEHALF OF ITSELF AND ITS AFFILIATES, PARTNERS, LICENSORS, SUPPLIERS AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY THE “OWNER AND ITS AFFILIATES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, CONTENT OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, CONTENT, OR PRODUCTS WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE USE OF THE WEBSITE, CONTENT OR PRODUCTS IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS OR OTHERWISE. YOUR USE OF THE WEBSITE, CONTENT OR PRODUCTS IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, CONTENT OR PRODUCTS.


5.     Limitation of Liability.
 
IN NO EVENT SHALL THE OWNER AND ITS AFFILIATES BE LIABLE TO YOU, OR ANY THIRD-PARTY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCTS OR LOSS OF THE USE OF THE PRODUCTS, LOSS OR DAMAGE FROM USE OF THE SERVICES, WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF OWNER AND ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT ANY OWNER AND ITS AFFILIATES LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH OWNER AND ITS AFFILIATES’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.


6.     Indemnification. 
 
You hereby agree to defend, indemnify, and hold the Owner and Its Affiliates harmless from and against, any and all losses, liabilities, damages, and/or claims (including, without limitation, attorney’s fees and costs) arising from:
(i)        Your use of the Website or any Content (as defined herein) You submit through the Website;
(ii)       a breach of this Agreement by You, Your employees or agents;
(iii)      a breach of any applicable law by You, Your employees or agents; and
(iv)      any action against the Owner by a third-party as a consequence of any of the above.

7.     Software/License. 
 
Subject to Your compliance with this Agreement, the Owner hereby grants You a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Website and use the content, information, text, images, logos, icons, graphics, interfaces, Website design, audio, and video clips and any other materials displayed on the Website (collectively, the “Content”), solely for Your personal, non-commercial use. You may not copy, modify, reproduce, retransmit, publicly display or perform, distribute or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. Your license may be terminated as described in Section 3.3.
 
8.     Use of Website/Restrictions.
 
You hereby represent and warrant that You will not, and will not induce any third-party to: (a) attempt to  disable or circumvent any security mechanisms used by the Website or Content or otherwise attempt to gain unauthorized access to any portion of the Website or Content or any other systems or networks connected to the Website, or to any server of Owner or its third-party service providers, by hacking, password “mining,” or any other illegal means; (b) use any “deep-link,” “page scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy or monitor any portion of the Website or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Website or with any other person’s use of the Website; (d) track or seek to trace any information on any other person who visits the Website; use the Website or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any proprietary software used to provide or maintain the Website or Content or that is otherwise applicable to the Website or the Content.
 
The Website may offer You the opportunity to post and/or submit comments, stories, and other content on the Website (collectively the “User Submissions”).  By making a User Submission, You grant to the Owner an unrestricted, royalty-free, perpetual, irrevocable and fully sublicensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, exhibit and display such User Submissions throughout the world in any and all media and formats, whether now known or hereafter developed, for any purpose whatsoever, without compensation or acknowledgement of its source. You further agree that the Owner is free to use any ideas, concepts, or know-how that You or individuals acting on Your behalf provide to the Owner through the Website without any monetary or other obligation to You.  To the maximum extent permitted by law, You waive any and all “moral rights” You may have in User Submissions.
 
You agree not to post on or transmit to the Website or otherwise provide to the Owner any User Submission or other material that:
 
-       is unlawful; libelous; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene;
 
-       sexually explicit; profane; hateful; racially, ethnically or otherwise objectionable in any manner;
 
-       is an advertisement or promotion for any product or service that is not an approved product of the Owner;
 
-       is false, misleading, or constitutes an unfair or deceptive trade practice;
 
-       promotes the use of alcohol, tobacco, or any illegal substance;
 
-       constitutes a breach of Your contractual and/or fiduciary obligations or an invasion of privacy;
 
-       infringes on any third-party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights;
 
-       is false or misleading; or
 
-       contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware or other equipment.
 
You are solely responsible for Your User Submissions and You agree to defend, indemnify and hold harmless the Owner and its members, employees and agents from and against any losses, expenses, liabilities, claims, costs and damages (“Claims”) arising from Your User Submission, including but not limited to, any Claim(s) arising out of breach of this Agreement or for infringement of copyright, trademark, patent or other proprietary rights. You understand and acknowledge that User Submissions may be published and that the Owner has no obligation to keep such User Submissions confidential. You further agree that any User Submission You provide does not contain any confidential, proprietary or trade secret information of any third-party. Owner has no obligation to store, keep copies or return any User Submission.
 
Owner reserves the right to take any action with respect to User Submissions that Owner deems necessary or appropriate in our sole discretion if Owner believes any User Submission violates this Agreement, is inappropriate on the Website, may create liability for the Owner, or may cause the Owner to lose (in whole or in part) the services of its internet service provider, advertisers, or other suppliers. Such action may include, but is not limited to, removing, deleting, modifying or altering User Submissions, either with or without notice to You.
 
9.     Intellectual Property.
 
You hereby acknowledge and agree that the Owner or its licensors own or control all legal right, title and interest in and to the Content and the Website, including but not limited to any copyrights, trademark rights, patent rights, moral rights, and other intellectual property and proprietary rights therein, whether such rights are registered or unregistered, and wherever in the universe those rights may exist. Your use of the Website does not grant You ownership of any kind in any Content. You may access Content on or through this Website. Any unauthorized use of the Content, Website, or the Owner’s intellectual property is strictly prohibited.
 
10.     Linked Websites/Third-Party Websites.
 
The Website may provide links to third-party websites may be provided to You by the Owner or Website that are not owned or controlled by the Owner (the “Third-Party Websites”).  Owner provides such links are provided solely as a convenience to You.  The Owner does not review, approve, endorse or make any representations about such Third-Party Websites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third-Party Websites, or any results that may be obtained from using them. If You decide to access any such Third-Party Websites linked to the Website, You are solely responsible for Your activities conducted in connection with such Third-Party Websites. Your use of Third-Party Websites is subject to the terms of use and privacy policies located on the Third-Party Websites which may be different from this Agreement or the Privacy Policy and, therefore, Owner recommends that You review such Third-Party Website terms of use and privacy policies.

Website may also provide You with access to or use of Google Translate.  Google Translate is provided by Google, a Third-Party Website.  Owner or Website has no control over the features, functions, or performance of the Google Translate service.  Owner does not warrant the accuracy, reliability, or timeliness of any information translated by Google Translate.  Any translations should not be considered exact and may only be an approximation of the original English language content of the Website. Some items on the Website cannot be translated, including but not limited to drop down menus, graphics, photos, or other content.  Owner and Website do not review approve, endorse, or make any representations about Google Translate.
 
11.     Membership, Terms of Sale, Payment Information, and Refund Policy.


11.1.          Membership
 
The Owner may allow You to purchase a membership to the Website (“Membership”), which may include access to training, educational materials, marketing materials, testimonials, events and tools.  The fee for the Membership is one-time payment of $00.00 (USD) (“Membership Fee”).  DO NOT ATTEMPT TO SIGN UP UNLESS YOU ARE A CURRENT AND ACTIVE ASSOCIATE OF PREMIER FINANCIAL ALLIANCE AND THE PREMIER FINANCIAL ALLIANCE TEAM DELTA, OTHERWISE YOUR MEMBERSHIP WILL NOT BE APPROVED AND YOUR PAYMENT WILL NOT BE REFUNDED. 

11.2.          Terms of Sale to End Users for Events and Products
 
The Owner may provide the opportunity for individuals to register for any event listed on the Website’s events page  (“Event”).  Each person signing up for any Event may only register for one (1) spot for himself or herself per Event and the registration is non-transferable. You may not purchase a spot in any Event for further distribution or resale or for any other commercial or business purpose.  
Additionally, the Owner’s Website may provide an online store (“Store”) where You may purchase products like planners, shirts, pins, books, and other items in the Store (“Products”).  DO NOT ATTEMPT TO PURCHASE ANY PRODUCTS OR OTHER ITEMS FROM THE STORE UNLESS YOU ARE A CURRENT AND ACTIVE ASSOCIATE OF PREMIER FINANCIAL ALLIANCE AND THE PREMIER FINANCIAL ALLIANCE SEAL TEAM, OTHERWISE YOUR PURCHASE WILL NOT BE APPROVED AND YOUR PAYMENT WILL NOT BE REFUNDED.
 
11.3.          Payment Information Pricing
 
Pricing.  Pricing for Products and any Event can be found on the Website.  Pricing for the Membership Fee is defined herein.  The Owner reserves the right to change prices at any time, and the Owner does not provide price protection or refunds in the event of promotions or price decreases.

Refund/Cancellation Policy.  ALL PAYMENTS ARE FINAL, NON-REFUNDABLE, NON-PARTIALLY REFUNDABLE AND NON-TRANSFERABLE UNDER ANY CIRCUMSTANCES.

Payment Methods. The Owner accepts only valid credit card payments. Such payments are collected by a third-party specializing in the collection, transmitting and storing of credit card information and all credit card and payment information is stored by said third-party to ensure complete privacy and security of the Consumer’s payment credentials.  You agree to pay all charges for any purchase at checkout. You are also responsible for paying any taxes and handling fees that may apply to any purchase and You authorize the Owner or the third-party payment processing service provider that Owner engages to charge Your credit card for any such taxes and fees.  These taxes and fees may be listed on the final checkout page for Your review before submitting Your payment details.  If for any reason the Owner cannot charge Your credit card, Your purchase may be suspended or cancelled. In the event of a suspended purchase, the suspension of service will remain in effect until You update Your payment information with the Owner or Website. In the event of a cancelled purchase, You will need to restart the purchase process with correct payment information.
Applicability to All Purchases: Any purchase made on the Website shall be subject to the terms and conditions of this Agreement, including but not limited to the purchase of an Event, Product, or any services.
 
12.     Jurisdictional Issues; Choice of Law; Dispute Resolution; and Class Action Waiver.

12.1.          Jurisdictional Issues
 
This Website is controlled and operated by the Owner. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with any applicable local or state laws

12.2.          Choice of Law
 
The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California without regards to its conflicts of laws principles.
 
12.3.          Dispute Resolution/Acknowledgment of, and Agreement to, Arbitration
 
In the event that Owner is unable to resolve a complaint to Your satisfaction, the Owner agrees to resolve such disputes arising out of this Agreement (except as to those related to the Owner’s enforcement and protection of its intellectual property rights) through binding arbitration or small claims court instead of in courts of general jurisdiction.
 
Except as prohibited by law, any dispute or controversy regarding the enforcement or interpretation of this Agreement will be resolved through binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association in Santa Clara County, California.  THE PARTIES UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES THEY ARE WAIVING ANY RIGHT THEY MIGHT OTHERWISE HAVE TO A JURY TRIAL. In the event a dispute is submitted to arbitration, the arbitrator may award costs and reasonable attorney’s fees to the prevailing party.
 
The arbitration award shall be in writing and shall be final and binding on the parties. The award may include an award of costs, including reasonable attorney’s fees and disbursements. Judgment upon award may be entered by any court having jurisdiction thereof or having jurisdiction over the parties or their assets.
 
Notwithstanding the foregoing, nothing shall prevent the Owner from seeking immediate injunctive relief from the AAA or a court of competent jurisdiction in the event of breach of this Agreement.  In the event that injunctive relief is sought through the AAA, the Owner shall bear all costs of filing and initiating the arbitration; however, in the event the arbitrator finds in favor of the Owner, You shall reimburse the Owner for these costs.
 
12.4.          Class Action Waiver
 
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Neither You nor the Owner has the right to act as a class representative or participate as a member of a class of claimants with respect to any claim.
 
13.     General Terms.
 
13.1.          Entire Agreement
 
This Agreement and any other terms or privacy policies referenced herein, is the entire agreement between You and the Owner and supersedes any prior agreement or understanding regarding anything connected to that subject matter.
 
13.2.         Amendment; Modification
 
THE OWNER MAY ADD TO, CHANGE OR REMOVE ANY PART OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT, AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. THE OWNER ALSO RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME.  When the Owner makes changes to the Agreement, the Owner will revise the “Last updated” date at the top of the Agreement and the Owner will notify You of the changes by prominently posting a notice of such changes on the Website and/or be sending You an email. The Owner encourages You to review this Agreement whenever You visit the Website. By continuing to access and use the Website after any such changes have been posted, You are indicating Your acceptance of such changes, even if You have not reviewed the changes.
 
13.3.        Electronic Communications
 
Whenever You visit the Website or send emails to the Owner, You are communicating with the Owner electronically. For that reason, You also consent to receive communications from the Owner electronically. The Owner will communicate with You by email (if You have provided Your email address to us), by posting notices on the Website or by such other means as Owner may determine from time-to-time.  You agree that all agreements, notices, disclosures, and other communications that the Owner provides to You electronically satisfy any legal requirement that such communications be in writing to the extent permitted by applicable law.
 
13.4.        Waiver
 
The Owner’s failure to exercise, partially exercise or delay in exercising any right or remedy under this Agreement shall not operate as a waiver or estoppel of any right, remedy or condition.
 
13.5.        Severability
 
If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired.
 
13.6.        Assignment
 
You may not assign or otherwise transfer Your rights, or delegate Your performance, under this Agreement to a third-party without the Owner’s prior written consent.  The Owner may assign or transfer its rights or delegate any performance under this Agreement to any third-party in its sole discretion.

13.7.        Comments and Concerns
 
The Website is operated by the Owner.  Submit requests here for any feedback, comments, requests for log-in support or ideas to improve the Website.  You may also contact the Owner here.  For any technical issues other than log-in support. You must contact Your own director. Owner is not responsible for any technical support for the Website other than log-in support. Your own Director handles all other technical issues and you must contact him or her for help. 

© 2014 by Team DELTA

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