Terms and Conditions

Last Revised: February 27, 2024

Thank you for visiting the Our Family Invests website (ourfamilyinvests.com). You arrived at this Terms and Conditions page from the ourfamilyinvests.com site, referred to herein as “this website”

The Terms and Conditions from Our Family Invests (hereinafter “COMPANY”, “We”, and “Us”) govern your use of the above website and apply to your access and use of it.

By accessing or utilizing this website, you acknowledge, accept, and agree to abide by the Terms and Conditions outlined herein. These Terms and Conditions are subject to alteration or adjustment by COMPANY at any time and at our discretion. Whenever COMPANY updates these Terms and Conditions, we will revise the Last Revised date at the beginning of this page to signify the changes. Unless stated otherwise herein, your continued use of this website following any modifications constitutes your consent to the changes. Therefore, we advise you to review these Terms and Conditions each time you visit the website. If you do not agree with these Terms and Conditions, please refrain from using or accessing the website.

Please carefully review our MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION.

Additionally, note that Our Family Invests is a Maui, Hawaii-based entity primarily serving customers in North America.

 

1. Intellectual Property

You acknowledge and consent that all content and materials accessible on this website are safeguarded by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Unless expressly authorized by COMPANY, you agree not to engage in the sale, licensing, renting, modification, distribution, copying, reproduction, transmission, public display, public performance, publication, adaptation, editing, or creation of derivative w/privacyorks from such materials or content. 

As mentioned earlier, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this website is strictly prohibited without the explicit written consent of COMPANY. For details on requesting such permission, please contact us using the contact information provided in the section of the website entitled “Connect.”

2. Ability to Accept Terms and Conditions / Limitations on Use

You confirm that you are either over 18 years old or an emancipated minor, and possess the full capacity and competence to consent to the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms and Conditions, and to adhere to and fulfill these Terms and Conditions.

If you receive a password to access this website, it is intended solely for your personal use unless otherwise stated. You agree to safeguard the security of your password.

3. Order and Return Policies

1. Order Fulfillment: Upon purchasing digital products, you will receive an email containing login details for our membership site or download page.

2. Refund Policies: Most of our products come with a 14-day money-back guarantee. If you’re not entirely satisfied, you can notify us within 14 days of your purchase date. However, if a specific product has a different refund policy stated, that policy will apply.

For live events, we also offer a 14-day money-back guarantee. If you request a refund within the specified timeframe for a program or live event, we will revoke access to the product or cancel your event registration and issue a full refund.

3. Payment Plans: Certain programs may offer payment plan options periodically. It’s your responsibility to ensure a valid credit card is on file until all payment obligations are fulfilled. If your card declines, resulting in missed payments, you authorize us to charge your updated card for any outstanding payments upon providing a new credit card.

4. Product Delivery / Membership Site / Conduct

1. For products delivered via download link, you’ll receive a URL to access and download the product(s) you purchased. By doing so, you agree not to share this link with individuals who haven’t purchased the product.

2. For products accessed through a membership site, you’ll receive a username and password. You agree not to share this login information with non-purchasers or sell access to the program without written permission.

3. The membership site provides informational content only and is not intended nor should it be construed as professional advice. Use it at your own risk.

4. Unless stated otherwise, content is for personal, non-commercial use. Distribution, printing multiple copies, or public display or performance isn’t allowed unless otherwise stated.

5. We reserve the right to modify or discontinue without notice or liability, any part of this website. However, in the rare event that we decide to discontinue a particular online product or service you have paid for, We will either fulfill the services for the duration of the specific term that you paid for, or in our sole discretion, We will offer you a refund for the services that were not yet rendered. If no specific duration was specified for how long a particular online product or service will be available, such product or service will be made available to you for a minimum of one year, or for however long We continue to support that version of the program, whichever is later.

6. You affirm, represent and warrant that your activity on this website does not involve illegal, hateful, racist or pornographic content and does not infringe on others’ intellectual property rights. COMPANY reserves the right to make final decision regarding what is appropriate. We further reserve the right to remove content or terminate accounts for violations without notice.

7. You agree not to overload the server hosting this website or membership site, interfere with the website’s operation, or attempt unauthorized access to any portion of this website.

8. Providing false information, impersonating others, or submitting misleading content is strictly prohibited.

9. Please refrain from sending confidential information unless requested by COMPANY. Any unsolicited material sent to us will not be deemed confidential, and furthermore we may use any ideas or suggestions in future products or services without compensating you.

10. You warrant that any information you provide to COMPANY is owned by you and that you have authority to submit such information. You also hereby grant COMPANY a royalty-free, perpetual, worldwide license to dispay, modify, adapt,  create derivative works from and otherwise use any ideas and information you provide to COMPANY, including in the operation and advertising of COMPANY’s business.

11. You agree that COMPANY may, in its sole discretion and without prior notice, terminate your access to the website and related services if you violate these Terms and Conditions or other guidelines or program agreements related hereto. You also agree that your violation of these Terms and Conditions would be considered an unfair business practice that could cause COMPANY irreparable harm for which monetary damages may be inadequate. You therefore consent to COMPANY being authorized in such an instance to obtain injunctive or equitable relief that COMPANY deems appropriate or necessary under the circumstances. These remedies are in addition to any other remedies COMPANY may have at law or in equity.

12. You acknowledge that COMPANY reserves the right to, at its discretion and without prior notice, terminate your access to the website and its related services. This termination may occur for various reasons, including but not limited to discontinuation or significant modification of the website or any offered service, technical difficulties or unforeseen issues, requests from governmental agencies or law enforcement, or upon your verified request for account deletion or cancellation.

5. Privacy

Please read the Privacy Policy carefully to understand how COMPANY collects, uses and discloses personally identifiable information from its users. The Privacy Policy is hereby incorporated by reference as part of these Terms and Conditions.

6. Miscellaneous Disclaimers

1. Online Event Disclaimer: You acknowledge that our online events may be photographed, videotaped, live streamed, and/or recorded by us. By participating in any of our online events, you grant us the right to use any photograph, video, or audio captured during the event for marketing or any other purposes we deem appropriate. If you prefer not to be recorded or photographed, you must refrain from appearing on camera or speaking.

You also agree not to share, on social media or elsewhere, any screenshots from the online event that include personally identifying information of other participants.

By participating in our online event, you agree to release, defend, indemnify, and hold us harmless from any claims related to the use of your image, likeness, or voice in the event recordings.

2. Earnings Disclaimer. COMPANY makes no guarantees that you will achieve results similar to ours (or anyone else’s). In fact, COMPANY makes no guarantee that you will achieve any results at all from the ideas and techniques contained on this web site or in our products. You hereby confirm that you agree and understand these limitations that are set forth in more detail in COMPANY’s Earnings Disclaimer.

3. Coaching Disclaimer. If you purchase a product or service that includes personalized coaching, you acknowledge and understand that COMPANY does not provide any warranty or guarantee regarding the suitability or outcome of the advice given. You are solely responsible for assessing the appropriateness of the guidance provided by COMPANY’s coaches and should seek advice from your own advisors if necessary.

4. Artificial Intelligence Disclaimer. COMPANY may occasionally advise or recommend the use of artificial intelligence (AI) tools. Despite any assurances provided, COMPANY does not guarantee the accuracy, suitability, or error-free nature of results produced by these AI tools, whether expressly or implicitly. Due to the inherent nature of artificial intelligence, results may be unforeseeable, inaccurate, or unsuitable for certain purposes. You acknowledge and accept that it is your sole responsibility to review, validate, and ensure the accuracy and suitability of information or data generated by any AI tool suggested by COMPANY or any AI tool in general. Before incorporating such information or data into your business or other activities, you agree to confirm that it does not violate the copyrights, trademarks, or any other intellectual property or proprietary rights of third parties. By opting to utilize information from any AI tool endorsed by COMPANY or AI tools in general, you assume all associated risks and indemnify COMPANY against any claims, losses, liabilities, damages, or expenses arising from or related to such usage.

7. Third Party References / Hyperlinks

This website may provide links to other websites on the Internet that are not operated by the Company (“Third-Party Sites”). In certain cases, COMPANY may have affiliate relationships with specific Third-Party Sites, where COMPANY may earn a commission if you make a purchase from those sites. Additionally, COMPANY may utilize Third-Party Sites to establish groups (such as on Facebook or LinkedIn), but is not obliged to do so.

Please be aware that Third-Party Sites may contain information or material that some individuals may deem inappropriate or offensive. These Third-Party Sites are not controlled by COMPANY, and you acknowledge that COMPANY holds no responsibility for the accuracy, copyright compliance, legality, decency, or any other aspect of the content found on such sites. The inclusion of a link to a Third-Party Site does not imply endorsement by COMPANY or any association with its operators.

By accessing and using any Third-Party Sites and the content provided therein, you do so at your own risk. You recognize that a Third-Party Site may gather personal information about you, and any personal information you disclose or submit to a Third-Party Site will not be under the control of the Company. COMPANY bears no responsibility or liability for the privacy and information collection practices of third parties operating any Third-Party Site, and we recommend reaching out to those sites’ providers directly for information regarding their privacy policies.

8. Contacting Us

If you need to contact us, please do so via the “Connect” section of this website or write to us at: 1215 S. Kihei Rd. Suite O-533, Kihei, HI 96753.

9. Disclaimer of Warranties

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE OR THE PRODUCTS AND SERVICES SOLD ON THIS WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO COMPANY FOR PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Despite any provision herein to the contrary, the maximum liability of COMPANY to any person, firm, or corporation arising out of or in connection with any license, use, or other employment of any Content delivered to you hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort, or otherwise, shall not exceed the actual price paid to COMPANY by you for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of COMPANY arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the website and any services rendered hereunder and that, were COMPANY to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.

11. Indemnification

At the request of the COMPANY, you agree to defend, indemnify, and hold harmless COMPANY, its affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, arising from your misuse of this website or the services offered by COMPANY, or from your violation of the Terms and Conditions stated herein.

12. Severability and Integration

Unless otherwise specified herein, this Agreement represents the complete agreement between you and COMPANY regarding this website and overrides all previous or concurrent communications between you and COMPANY concerning this website. If any part of these Terms and Conditions is deemed invalid or unenforceable, that portion shall be interpreted to reflect, as closely as possible, the original intentions of the parties under applicable law, and the remaining provisions shall remain valid and enforceable.

13. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Hawaii.

14. Arbitration of Disputes

With the exception of payment/collection issues or infringement of COMPANY’s intellectual property, which can be addressed by a court of competent jurisdiction, the parties agree that any dispute or claim in law or equity arising between them concerning the use of this website or these Terms and Conditions, including any dispute about the enforceability or applicability of this arbitration provision, shall be settled by neutral, binding arbitration conducted in Maui County, Hawaii. The arbitrator, unless mutually agreed otherwise by the parties, shall be a retired judge, justice, or attorney with at least ten (10) years of legal experience relevant to this Agreement’s subject matter. The arbitrator shall issue a decision based on the substantive laws of Maui County, Hawaii, and the arbitration shall adhere to the rules and procedures of the American Arbitration Association, with limited discovery permitted. The judgment based on the award of the arbitrator(s) may be entered in any court with jurisdiction.

NOTICE: BY USING THIS WEBSITE OR PURCHASING PRODUCTS AND/OR SERVICES FROM THE COMPANY, YOU AGREE TO RESOLVE ANY DISPUTE ARISING FROM THIS “ARBITRATION OF DISPUTES” PROVISION THROUGH NEUTRAL ARBITRATION. YOU WAIVE ANY RIGHT TO HAVE THE DISPUTE HEARD IN A COURT OR JURY TRIAL. YOU ALSO WAIVE YOUR RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION. IF YOU DECLINE ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE REQUIRED TO ARBITRATE UNDER A COURT ORDER. YOUR ACCEPTANCE OF THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH to AGREE TO ARBITRATION, YOU MAY NOT USE THIS WEBSITE.

15. Class Action Waiver

ARBITRATION OR ANY LEGAL ACTION RELATED TO THE USE OF THIS WEBSITE, THE SERVICES OFFERED HEREIN, OR THESE TERMS AND CONDITIONS MUST BE CONDUCTED INDIVIDUALLY, WHERE PERMITTED BY APPLICABLE LAWS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS WITH THOSE OF OTHER CUSTOMERS, NOR LITIGATE CLAIMS IN COURT OR ARBITRATE THEM AS A REPRESENTATIVE OR MEMBER OF A CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

16. Attorney’s Fees

In any dispute, action, proceeding, or arbitration concerning the use of this website or these Terms and Conditions, including the enforcement of any arbitration provision herein, the prevailing party shall be entitled to recover its reasonable attorneys’ and experts’ fees, costs, and expenses. This includes expenses for expert witnesses and all reasonable attorneys’ fees, costs, and expenses upon appeal, in addition to any other damages or remedies awarded.

17. Void Where Prohibited

Any offers made on this website are Void Where Prohibited by law. COMPANY operates this website primarily from Maui, Hawaii, USA, although vendors or staff of COMPANY might manage this website from various international locations. While this website is globally accessible, not all services, products, or features offered here may be applicable or accessible to everyone or in every country or region. Furthermore, not all offerings may be suitable or permitted outside the US. COMPANY reserves the right, in COMPANY’s sole discretion, to selectively provide or restrict certain services or products to certain individuals or geographic locations. Some promotions or offers on this website may not be valid in certain regions or geographic locations. If you decide to access this website from a location outside the US, you are responsible for ensuring that you adhere to the local laws in your jurisdiction.

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