Terms of Use
Updated July, 2022
Welcome to our Web site. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “A Game Empowerment, LLC”, “A Game Empowerment”, “AGameEmpowerment.com”, “we”, “us” or “our” refers to A Game Empowerment, LLC, the legal name of the owner of the Web site, and to (1) its employees, agents, directors, officers, and shareholders, (2) its parents and affiliates, and (3) their respective employees, agents, directors, officers, and shareholders . The term “you” refers to the user or viewer of our Web site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
3. Service Marks.
"A Game Empowerment", "AGameEmpowerment.com" and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive,
non-transferable, revocable license
(b) to use the Site solely for internal, personal, business purposes; and
(c) to print out discrete information from the Site solely for internal, personal, business purposes and provided that you maintain all copyright and other policies contained therein.
No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use
of the Site and any information, materials or documents (collectively defined as
“Content and Materials”) therein are subject to the following restrictions and prohibitions
on use: You may not
(b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
(c) create compilations or derivative works of any Content and Materials from the Site;
(d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties;
(e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site;
(f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future;
(g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture;
(h) use any automatic or manual process to harvest information from the Site;
(i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions;
(j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and
(k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
6. Disclaimer of Liability and Warranties
While A Game Empowerment does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk.
Unless expressly stated otherwise, the findings, interpretations and conclusions expressed in the Content on this Site are those of the various members or users of this site who post reviews or other comments and do not necessarily represent the views of A Game Empowerment.
The Site, and all materials in this Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that A Game Empowerment DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable.
You acknowledge that A Game Empowerment, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network. You acknowledge that A Game Empowerment is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person. You acknowledge that A Game Empowerment is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.
THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
7. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
8. Advertisers.
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
9. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your email addresses, usage history, posted materials, IP addresses and traffic information.
10. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site.
11. Nontransferable.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
12. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
13. Employment Opportunities.
We may, from time to time, post employment opportunities on the Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to A Game Empowerment in response to employment listings, you are authorizing us to utilize this information for all lawful and legitimate hiring and employment purposes. A Game Empowerment also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Site shall constitute a promise by A Game Empowerment to interview, hire or employ any individual who submits information to it, nor shall anything in this Agreement or contained in the Site constitute a promise that A Game Empowerment will review any or all of the information submitted to it by users.
14. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking on this Privacy.
15. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk. Links that are no longer valid, do not resolve, or return an error maybe removed by us at our own discretion.
16. Information and Press Releases.
The Site may contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
17. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
18. Billing and Payment Information.
b) Auto-renewal. Unless otherwise provided, you agree that until and unless you notify A Game Empowerment of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
c) Fees. At our discretion a small fee will be applied to any new or modified billing agreement(s) in addition to the defined subscription rate. These charges covers administrative costs associated with new or modified enrollment.
d) Taxes. Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to A Game Empowerment's invoice as a separate charge to be paid by you. All fees and charges are non-refundable unless otherwise stated.
e) Fraud. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. A Game Empowerment may report any such misuse or fraudulent use, as determined in A Game Empowerment's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
f) Remedy. If for any reason you feel that there has been an error in payment or the processing of payment or an issue with services provided. Please email Support@AGameEmpowerment.com with any issues you have encountered and we will review your claim per our Company Policy and Guidelines.
19. Cancelling your Subscription.
IMPORTANT: You are responsible for the full subscription fee in the month in which you cancel, i.e., if you cancel your subscription in August, you are responsible for August fees. Your subscription for that month remains active and fully functional until the end of that month. After the end of the month, your account will be set to the 'Free Membership' option and you will not be charged again. It is not necessary to wait until the last day of the month to cancel your subscription.
If you have any problems cancelling your subscription, please contact Customer Support Support@AGameEmpowerment.com.
20. Account and Membership.
We reserve the right to terminate or remove an account from our site at our sole discretion. Terminated accounts
will not receive a refund for the portion already paid. Any future billing will be terminated upon removal or disabling of the account.
If you believe that you are a victim of a compromised account please contact Customer Support at
Support@AGameEmpowerment.com Immediately.
Key grounds for account termination but not limited are:
- Inaccurate or Invalid Profile Details
- Pornographic or Explicit Content
- Vulgar or Profane Content
- Misleading information of any kind
- Defamation of any kind
- Harassment or Threats
21. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in Salt Lake City, Utah, and shall be governed by and construed in accordance with the laws of the State of Utah, United States of America, (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and enforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this agreement.
22. Attribution and Licensing.
Many of the core concepts and key ideas were provided by 3 Key Elements through a series of training courses and materials and can be found at www.3keyelements.com and these training materials are Licensed under 3KE Coach Materials 1.0.