Terms of Service
Please read this Terms of Service (“Agreement”) carefully before using any of the services provided by Strategy & Execution, LLC (“Mentor Academy”). By using this website and the services of Mentor Academy, you are agreeing to all the terms contained herein. If you do not agree to this Agreement, your only recourse is to not use the website or services of Mentor Academy. Our Privacy Policy is incorporated by reference into this Agreement.
Earnings and Income Disclaimer
Mentor Academy cannot and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. What we can guarantee is your satisfaction with our training. You should know that all products and services by our company are for educational and informational purposes only. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.
Services
Mentor Academy is in the business of providing Chief Executive Officer and business consulting services (“Services”) to individuals and businesses (“Customers”). Customers may engage Mentor Academy for Services by contacting info@beyondyourshow.com
Fees and Payment
Monthly fee will be determined based on the Services selected by Customer. Payment for Services will be paid via credit card or ACH directly to Mentor Academy. Payment is due monthly unless otherwise agreed by Mentor Academy and Customer. Mentor Academy reserves the right to increase fees at the end of each term without notice to Customer. In the event of non-payment or late payment, Mentor Academy reserves the right to suspend services until the full amount due are paid in full. Late payments may be subject to a late fee penalty at the maximum legal rate.
Term
The term of this Agreement shall become effective upon the date of which Services for Customer begin. This Agreement shall remain in effect for one (1) full year and shall renew for subsequent one (1) year terms thereafter.
Termination
Customer may terminate this Agreement with Mentor Academy at any time with thirty (30) days written notice of Customer’s intent to cancel. Mentor Academy may terminate this Agreement at any time for any reasoning, with no notice to Customer. Upon termination or expiration of this Agreement, the following provisions shall survive: Reservation of Rights, Confidential and Proprietary Information, Disclaimer of Warranty, Limited Warranty, Limitation of Liabilities, Survival, and Miscellaneous Provisions.
Reservation of Rights
Mentor Academy. Mentor Academy expressly reserves all rights in the Service and all other materials provided by Mentor Academy hereunder not specifically granted to Customer. It is acknowledged that all right, title and interest in the Service and all other materials provided by Mentor Academy hereunder, any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Mentor Academy (or third party suppliers, if applicable) and that the Service and all other materials provided by Mentor Academy hereunder are licensed on a services subscription basis and not “sold” to Customer. Names, logos, and other materials displayed on the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of Mentor Academy or other entities. Customer is not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Mentor Academy or those other entities. Any use of third party software provided in connection with the Services will be governed by such third parties’ licenses and not by this Agreement.
Customer. Customer expressly reserves all rights in any information, records, files or other data that Customer (or Customer Personnel) loads, enters into, or otherwise makes available to Mentor Academy or the Service and all results from processing such data, including compilations, and derivative works thereof (“Customer Data”), except that Customer grants Mentor Academy a perpetual, non-exclusive, world-wide, royalty free, fully sublicenseable, fully paid-up license to use, reformat, modify, display, perform, reproduce, and create derivative works of the Customer Data: (i) in providing the Service to Customer or (ii) in connection with Mentor Academy’s internal business purposes. Unless specifically agreed in writing, each Party’s rights under this clause extend to any update, adaptation, translation, customization or derivative work of Customer Data, made under this Agreement.
Confidential and Proprietary Information
To the extent Confidential Information is disclosed, Mentor Academy and Customer shall protect the secrecy of the Confidential Information with the same degree of care as it uses to protect its own confidential information, but in no event with less than due care, and shall not disclose Confidential Information to anyone except as required by law. Upon termination of the Contract, each party shall return all confidential information to its rightful owner as promptly as possible.
This Agreement does not give Customer any rights in Mentor Academy’s intellectual property or technology. Mentor Academy and related trademarks and logos are the exclusive property of Mentor Academy. Mentor Academy and Customer agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar Mentor Academy from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.
Disclaimer of Warranty
The Services provided under this Agreement are provided on an as is, as available basis. Mentor Academy does not make any warranties that the Services will be successful or error free; nor do they make any warranties as to the results that may be obtained from the purchase of the Services as to accuracy, reliability or content of any information, services or merchandise contained in or provided through the services.
WE ARE NOT LIABLE AND EXPRESSLY DISCLAIM ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RELATED PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
Limited Warranty
Mentor Academy represents and warrants to Customer that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by Mentor Academy generally to its other Customers for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions.
The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of Mentor Academy’s reasonable control; (b) that resulted from any actions or inactions of Customer or any third parties; or (c) that resulted from Customer’s equipment or any third-party equipment not within the sole control of Mentor Academy. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED WITH RESPECT TO THE SERVICES OR ANY OFFER PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WE HEREBY EXPRESSLY DISCLAIM THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY PRODUCT OR SERVICE PROVIDED TO CUSTOMER HEREUNDER IS PROVIDED “AS IS” WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.
Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.
The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other Terms of Service theory (including strict liability), other than claims based on fraud or willful misconduct.
Notwithstanding anything to the contrary in this Agreement, Mentor Academy’s maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the purchase of the offer which gave rise to such damages, losses and causes of actions.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
Indemnification
Customer agrees to indemnify, defend and hold harmless Mentor Academy and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to Customer’s purchase of the offer, (ii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iii) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.
Miscellaneous
Independent Contractor. Mentor Academy and Customer are independent contractors and nothing contained in this Agreement places Mentor Academy and Customer in the relationship of principal and agent, master and servant, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Agreement shall be governed by the substantive laws of the State of Ohio. Any suit must be brought in a state or federal court located in Summit County, Ohio. EACH PARTY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION AND WAIVES OBJECTIONS TO VENUE.
Headings. Headings are for convenience only.
Entire Agreement; Amendments. This is the full and final agreement. It overrides previous discussions or documents. Changes may only be made in writing. Mentor Academy may revise these Terms of Service at any time, with changes effective upon posting on its website.
Severability. If any portion is found invalid or unenforceable, the remainder will remain valid.
Notices. All required notices must be in writing and delivered by certified mail, email, or reputable courier.
Waiver. No delay or failure to act will waive rights.
Assignment; Successors. Customer may not assign rights under this Agreement without prior written consent. Mentor Academy may assign without consent.
Limitation of Actions. No claim may be brought more than two years after the cause of action arose.
Violation of the Terms
You agree that Mentor Academy may terminate your access to the site or services without notice if you violate these terms, and that you may not receive a refund. Mentor Academy may take legal or equitable action, and may release your information if required by law.
Copyright Policy
Users who submit infringing content may have their access revoked. Repeated violations may result in permanent termination.
Links
Mentor Academy may link to third-party sites but is not responsible for their content or impact on your devices.
Final Note
INTERNET TECHNOLOGY AND APPLICABLE LAWS CHANGE FREQUENTLY. MENTOR ACADEMY RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME. CONTINUED USE CONSTITUTES ACCEPTANCE OF ANY CHANGES.