This Membership Agreement (“Agreement”) is made and effective this day,
AND: AVN Foundation (“COMPANY”), a Non Profit corporation organized and existing under the laws of the Canada, with its head office located at: 2680 Matheson Blvd. East,Mississauga, ON L4W 0A5.Canada
Wherein the Member and the Company shall be individually referred to as the Party and collectively referred as the Parties.
By submitting a completed enrollment application to the Company you certify that you have read, understood and agreed to be bound by the terms and conditions of this Membership Agreement.
Please note that the terms and conditions of this Agreement are subject to change in future.
The attached Addendum forms an integral part of this Agreement
NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained the parties hereto agree as follows:
- GOVERNING MEMBERSHIP RELATIONS
This Agreement is valid for a period of twelve (12) months from the date of execution of this Agreement and is subject to renewal with the mutual consent of both parties. This Agreement can be terminated by either party with a notice of one month with provisions of mutual settlements and adjustments within a month from the date of such termination. Membership is conditional upon acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document. The Company reserves the right to amend the Terms and Conditions at any time without prior notification or approval by the members. The Membership is not transferable and is not to be resold, exchanged, transferred or assigned to any third party after the initial purchase.
PLEASE NOTE THAT THERE WILL BE NO REFUND AFTER 10 DAYS OF THIS AGREEMENT.
- ENROLMENT IN THE MEMBERSHIP PROGRAM
To enrol in the membership program, you must be of legal age of consent to execute this Agreement in all-applicable jurisdictions and, in any event, be a minimum 18 years of age. You must also submit a completed enrolment application. The Company has right to reject your application for any reason or for no reason in its sole discretion. The Company has the right to reject your application if it determines, in its sole discretion, that you represent, display, or promote anything that is including but not limited to being illegal, unlawful, harmful, threatening, defamatory, obscene, harassing, discriminatory, or otherwise objectionable, to customer service. The Company shall have the right to cancel your membership in the event you are in violation of any of the terms and conditions of this Agreement.
- ASSIGNMENT OR TRANSFER
Membership to this Agreement is for the above specified names residing at the same address only. The individual name(s) registered with the Company are the only person(s) that are/is able to access the membership services and/or their spouse or partner. Members are prohibited from sharing their Login/User ID and password. The Company shall not be responsible for any loss of data or damage or any such eventuality in case you share your membership details with any third party.
- COMPANY OBLIGATIONS
- Company may provide education to the Member in the form of books, e-books, live seminars, telephone calls, in-person meetings.
- Company will provide Member with introductions, networking and marketing opportunities with various professionals.
- Except if required by any law or authority or order of the Court, under no circumstance will the Company provide access to any third party, the personal information and confidentiality of its members and clients in its database. The Company will endeavour to secure the personal information and confidentiality its members. Personal details and profile will only be processed by Company administration on behalf of the Member. The Company shall comply with all applicable and relevant data protection laws.
- MEMBER(S) OBLIGATIONS
Member must abide by the terms and conditions set out in this Agreement, pay all necessary fees and keep its membership up to date.
- It is expected that the Member conduct business legally and ethically. Any violation of this provision will result in the immediate cancellation of the membership and forfeiture of all fees paid.
- The Member is responsible for any and all implementation of the training received. The Company assumes no liability or responsibility for the misuse or misunderstanding of teachings and/or educational materials provided by the Company.
- INTELLECTUAL PROPERTY
The Company is the legal and beneficial owner of all the intellectual property material displayed or assigned to the website or in literary materials. At no time may the Member copy and/or redistribute, redesign, alter, modify or use in any manner the materials produced by the Company, including but not limited to the seminars, presentations, website content, newsletters, and/or the Membership package. Should Member be found to have breached this provision, the Company will terminate this Agreement and shall be free to take all legal action to which it is entitled under the applicable laws.
The Company may modify any of the terms and conditions contained in this Agreement at any time at its discretion. Since members are bound by these terms and conditions, and the subsequent amendments, regardless of when they join, it is the members’ responsibility to keep current with amendments in these terms and conditions. Continuation of membership constitutes acceptance of amendments of these terms and conditions. If you do not agree to be bound by the terms and conditions of any modification to this Agreement, you may terminate this Agreement by giving written notice to the Company, to the location noted below. Your continued participation in the membership program following any notice of a modification of this Agreement shall be deemed that you have agreed and constitute your binding acceptance of the Agreement as modified.
- REPRESENTATIONS AND WARRANTIES
Members hereby represent and warrant that:
- This agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms. You are legally entitled to enter into this Agreement.
- The execution, delivery, and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without giving notice, the lapse of time, or both, conflict with or violate (i). Any provisions of law, rules or regulations to which you are subject to (ii). Any order, judgment, or decree applicable to you or binding upon your assets or properties. (iii). Any provision of your by-laws or certificate of incorporation, or (iv). Any agreement or other instrument applicable to you or binding upon your assets or properties.
- No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by you in the connection with the execution, delivery, and performance of this Agreement or the taking by you of any other action contemplated hereby.
Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereby agree that all information including, without limitation, the terms of this Agreement, business and financial information, customer, pricing and sales information, concerning the Company or Member, respectively or any other member, provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party of its own business purposes or for any other purposes except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a.) to any person pursuant to a subpoena issued by any court or administrative agency, (b.) to its accountants, attorneys, or other agents on a confidential basis, and (c.) otherwise as required by applicable law, rule, regulation or legal process including, without limitation.
- LIMITATION OF LIABILITY
THE COMPANY SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL OR REMOTE DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE MEMBERSHIP PROGRAM, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY AVAILABLE WITH RESPECT TO THIS AGREEMENT OR ANY BREACH BY THE COMPANY SHALL BE TERMINATION OF THIS AGREEMENT.
- The Company makes every endeavour to verify and maintain a high standard of quality of our services however the Company does not make any guarantees regarding the dependability, or accuracy of the Company services. Therefore, the Company makes no warranty that the services will be uninterrupted, timely or error free. You are agreeing to enter into this Agreement by your own free will and under no duress.
- The member understands and agrees that the Company and its affiliates or employees or agents are not responsible to members or anyone else for any liabilities (including negligence) in relation to any loss or damage resulting from any seminars, publications, advertising, e-mails, telephone conversations, or services provided, for any reason whatsoever.
The member shall indemnify and keep indemnified and hold harmless the Company and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgements, settlements, costs and expenses (including reasonable attorney’s fees) (any or all of foregoing hereinafter referred to as “Losses”) in so far as such “Losses” ( or actions in respect thereof) arise out of or are based on (i) any misrepresentation of a representation or warranty breach of a covenant and agreement made by you herein, or (ii) any claim related to your site, including, without limitation, content therein not attributable to the Company.
- INDEPENDENT INVESTIGATION
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT THE COMPANY MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT POTENTIAL MEMBERS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT.
- GOVERNING LAW
This agreement will be governed by the laws of the province of Ontario and without reference to rules governing choice of laws. Any dispute or action relating to this agreement must be brought in the federal or provincial courts located in Ontario and irrespective of the cause of action arising at any other place you irrevocably consent to the jurisdiction of such courts.
Member shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of the Company to any third party, subject to that restriction, this Agreement will be binding on, insure to the benefit of, and be enforceable against the parties and their respective successors and assignees. This Agreement contains the complete understanding between the parties pertaining to the subject matter hereof. The Company’s failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such a provision or any other provision of this Agreement. Should any court of competent jurisdiction determine any one or more provisions of this Agreement illegal or unenforceable, all other provisions shall remain effective.
- TERMS AND TERMINATION
The term of this Agreement shall be continuous for a period of twelve (12) months from the date of execution of this Agreement, unless and until either party properly terminates this agreement, in accordance with the following; or (ii) Member agrees and acknowledges that if Member breaches any provision of this Agreement Company may immediately terminate Member from the program. Upon termination of this Agreement, Member will immediately be removed from the membership and any enrolled educational programs and must cease using any advertising or promotional links. The fees paid under this Agreement are non-refundable fourteen (14) calendar days from the initial date of purchase. Company reserves the right to terminate membership with or without notice, at their sole discretion, at any time, with or without reimbursement of fees.
All notices required under this Agreement shall be sent via email to the Company address shown below:
Via eMail: ____________________________________________________________________
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the dates set forth below:
MEMBER 1 NAME: DATE
MEMBER 2 NAME: DATE
MEMBER 3 NAME: DATE
MEMBER 4 NAME: DATE
COMPANY REP NAME: DATE
I am authorized to bind the corporation