6. No Assignment
The Program is personal to the Parties, and neither Party has the right or ability to assign, sell, transfer, delegate, subcontract, or otherwise dispose of any rights or obligations under this Agreement to a third party.
7. Company Status
We are not Client's employee, partner, joint venturer, agent or representative.
8. Warranty
WE MAKE NO WARRANTIES, WHETHER WRITTEN OR ORAL EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, WITH RESPECT TO ANY GOODS AND/OR PROGRAM PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THOSE ARISING FROM THE COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. WE EXPRESSLY DISCLAIM THE FOREGOING AND ANY OTHER WARRANTIES WITH RESPECT TO THE PROGRAM PROVIDED UNDER THIS AGREEMENT, WHICH ARE PROVIDED AS IS. WE DO NOT WARRANT OR GUARANTEE ANY SPECIFIC RESULT.
9. Limitation of Liability
Client agrees, that unless the result our willful or intentional misconduct, our total liability to Client for any and all injuries, claims losses, expenses or damages, arising out of or in any way related to the Program and/or this Agreement, for any reason, including but not limited to our negligence, errors, omissions, breach of contract or breach of warranty, will not exceed the sum of the amount of fees paid to Client by us under this Agreement.
10. Release and Indemnification
Client agrees to release, indemnify, and hold us harmless, to the fullest extent permitted by law, from all claims, losses, expenses, fees including attorney fees, costs and judgments that may be asserted against us, in connection with this Agreement or the Program. Client is receiving training and advice through Media Mastery Experts’ curriculum, but is ultimately making their own decisions. Client is responsible for their own decisions and the risks that result. The Client agrees to protect, defend, and indemnify (collectively “Indemnify” and “Indemnification”) Media Advisory Experts, its subsidiaries, and its and their respective successors, affiliate (i.e. subcontractors), assigns, directors, officers, employees, agents and affiliates (collectively, “Indemnified Parties”) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and expenses whether or not involving a claim by a third party, including but not limited to reasonable attorneys’ fees and costs (collectively, “Claims”), actually or allegedly, directly or indirectly, arising out of or related to (1) this agreement; (2) any breach of any representation or warranty of Company contained in this Agreement; (3) any breach or violation of any covenant or other obligation or duty of Company under this Agreement or under applicable law; and (4) any third party Claims which arise out of, relate to or result from any act or omission of any Indemnified Party, in each case whether or not caused in whole or in part by Media Advisory Experts, or any other Indemnified Party, and whether or not the relevant Claim has merit.
11. Intellectual Property
All the information provided by us in the Program and under this Agreement, including that provided on our website, social media pages, emails, chats, in our materials, our copyrights, trademarks, logos, product names, images, audio and video recordings, and all other information is our intellectual property (“Intellectual Property”) and is protected by US copyright and trademark laws. Unless expressly authorized by us in writing, our Intellectual Property may NOT be recorded, reproduced, distributed, or posted in any way whatsoever. Further, any use of our trademarks or trade dress – including in any manner likely to confuse consumers – is strictly prohibited.
12. Notices
All notices required under this Agreement must be in writing and deemed delivered when sent by e-mail to the Party.