TERMS OF SERVICE

1. Subscription Fee. The fee to be paid by the User for the Subscription (the "Subscription Fee") will provide User with access to the services, training and/or resources specifically identified and listed on the Site for the specific program subscribed to by the User (collectively the “Services”). No other or additional services, training and/or resources other than those specifically identified and listed on the Site for the Subscription will be provided to the User. The Services listed on the Site for the Subscription will be the scope of the services provided by the Subscription and shall supersede any oral or other statements made by any representative of or on behalf of ManifestU.

 

2. Payment of Subscription Fee Prior to Receipt of Services. The Services will not be provided until ManifestU has received the Subscription Fee and ManifestU will provide the Services as long as the User complies with the terms and conditions of this Agreement. THE SUBSCRIPTION FEE IS NON-REFUNDABLE AND ALL SALES ARE FINAL. ManifestU shall cease providing any Services to User and terminate User's access to any third-party software or programs provided as part of the Services upon receiving a notice from User’s credit card provider that User is attempting to challenge or cancel the credit card charge for the Subscription Fee.

 

3. Third-Party Service Provider Terms and Conditions. If User is entitled to receive as part of the Services, benefits and/or services from a third-party provider, User will be required to agree to and accept the terms and conditions provided by the third-party. Acceptance of the third-party provider's terms and conditions is a condition precedent to receiving the benefits and/or services to be provided by such third-party. User shall not be entitled to a refund of a portion of or any discount on the Subscription Fee if User refuses to accept the third-party provider's terms and conditions or otherwise chooses not to accept the benefits and/or services to be provided through the third-party provider.

 

4. Termination. ManifestU shall be entitled to immediately terminate this Agreement, cease providing any services to User, and terminate User's access to any third-party software or programs provided as part of the Services should User breach any term of this Agreement. ManifestU shall be entitled to retain the full Subscription Fee in the event of a termination resulting from User’s breach of this Agreement.

 

5. Intellectual Property Owned by ManifestU. ManifestU, its affiliates, and/or principals own all right, title and interest in the Site, the Subscription, and Services, including but not limited to (i) the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code and data, and (ii) all content on the Site, as part of the Subscription, and included in the Services, including, without limitation, all articles, forms, documents, brochures, presentations, pictures, images, audiovisual works, other financial materials and any user comments (collectively the “ManifestU Materials”). The ManifestU Materials are protected by copyright, trademark, patent, trade secret, and other intellectual property laws and proprietary rights. User agrees to comply with all applicable laws by not copying or using proprietary content, including ManifestU Materials, except as allowed by this Agreement or written consent of ManifestU. User’s access to or use of the Site and the Services does not grant or transfer to User an ownership interest or any rights in the ManifestU Materials other than those expressly granted by this Agreement.

 

6. User Shall Protect Confidential Information. The term "Confidential Information" shall mean all information, any idea, any strategy, and any document in whatever form, tangible or intangible, whether disclosed to or learned by the User, pertaining in any manner to the Services and the Subscription, whether in written, oral, encoded, graphic, magnetic, electronic or in any other tangible or intangible form, and whether or not labeled as confidential by ManifestU or otherwise provided by the ManifestU. "Confidential Information" includes, without limitation, the following: all trainings, sample forms, videos, training materials, homework assignments, training manuals, training materials, calls, recorded calls, usernames and passwords for any third-party site provided as a benefit or part of the Services, and all proprietary information and trade secrets as they may exist from time to time and all other information and data that is not generally known to third parties that have been or will be given to the User by ManifestU, as well as written or verbal instructions or comments. User agrees to use the Confidential Information only for the User’s purpose of accessing the Subscription and accessing and using the Services. Except as otherwise provided in this Agreement, User shall not disclose the Confidential Information to third parties without the prior express written consent of ManifestU. User agrees to use reasonable means to safeguard the Confidential Information. User’s duty of confidentiality under this Agreement regarding the Confidential Information shall survive the termination of this Agreement.

 

7. Non-Solicitation. In consideration of ManifestU entering into this Agreement with User and the Services to be provided User, User expressly covenants and agrees that during the term of this Agreement and for a period of one (1) year after the termination of this Agreement, User shall not, directly or indirectly contact any other known users of the Services or of other services provided by ManifestU for the purpose of providing or provide any real estate or business coaching or training for compensation or, to the extent such matters are within User's control or influence, permit or assist any other person or entity to contact or solicit for the purpose of providing or provide any real estate or business coaching or training for compensation to any known user of the Services or of other services provided by ManifestU.

 

8. Covenant Not to Interfere. In consideration for ManifestU entering into this Agreement with User and the Services to be provided by ManifestU to User, User expressly covenants and agrees that during the term of this Agreement and for a period of one (1) year after any termination of this Agreement, User shall not, directly or indirectly, solicit any employee, coach, or trainer of ManifestU to provide services to User independent of and separate from the Services to be provided to User under this Agreement.

 

9. Injunctive Relief. To prevent irreparable harm to the parties, strict compliance with this Agreement is imperative. User and ManifestU acknowledge that the restrictions contained in this Agreement are reasonable and necessary to protect the legitimate interests of ManifestU and that any violation of such restrictions will result in irreparable injury to ManifestU. Therefore, in the event of a violation of this Agreement by User, ManifestU may seek a temporary restraining order without notice and without posting a bond, preliminary and permanent injunctive relief without the posting of a bond, damages, and an accounting of all earnings, profits and other benefits arising from such violation, which remedies shall be cumulative and in addition to any other rights or remedies to which ManifestU may be entitled under this Agreement or by law. This section shall survive the termination of this Agreement.

 

10. Electronic Communication. User acknowledges that ManifestU communicates with its users, clients, partners, vendors, employees, and agents electronically. User agrees and consents to receive electronically all invoices, communications, agreements, documents, notices, and any other document or correspondence (collectively "Communications") that ManifestU provides in connection with the Subscription and Services.

 

11. Recording of Communications. By signing this Agreement, User consents that all communications with ManifestU representatives, employees, coaches, consultants, and trainers, may be monitored or recorded by ManifestU. ManifestU may use the recordings for purposes of training, collection of debts and any business purpose ManifestU determines appropriate, in its sole and absolute discretion. These communications include written, spoken, video, telephonic, email, messaging, and SMS.

 

12. Media Release. In the event User participates in any live events, User acknowledges that the live events will be recorded and User authorizes ManifestU to produce, take, and use images, logos, names, photographs, voice and video recordings, oral and written statements, and videos of User for ongoing trainings, for storage and access on the Site or any other website or platform that ManifestU determines appropriate in its sole and absolute discretion, for sharing with or providing to other users or third-parties, for other training programs whether offered by ManifestU, an affiliate of ManifestU or a third-party as determined appropriate by ManifestU in its sole and absolute discretion, access for articles, promotional event(s), marketing references, websites, social media posts, any other media later developed, and in any manner ManifestU deems appropriate, in its sole and absolute discretion. User grants to ManifestU the right to edit, copy, redact, reproduce, use, exhibit, publish, display, broadcast, distribute, and create derivative works of the images, logos, names, photographs, voice and video recordings, oral and written statements, and videos of User in any media now known or later developed. User hereby waives any right to inspect or approve the use of the images, logos, names, photographs, voice and video recordings, oral and written statements, and videos of User. User waives all right to royalties, compensation, and moral rights arising out of or related to the production, and use of the images, logos, names, photographs, voice and video recordings, oral and written statements, and videos of User. User releases ManifestU from any claims, damages or liability arising from or related to the use of the images, logos, names, photographs, voice and video recordings, oral and written statements, videos, and other materials described herein, including but not limited to claims of defamation, invasion of privacy, rights of publicity, copyright infringement, unfair competition, and any misuse, distortion, blurring, alteration, optical illusion or use in composite form that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution.

 

13. User Cooperation. User understands that if any of the Services involves coaching calls, meetings, live events or any in-person or video attendance, User is responsible for making him/herself available to attend such coaching calls, meetings, or live events. If User is not available or fails to attend any activity or event at the scheduled date and time, ManifestU is under no obligation to reschedule the missed activity or event and it will be within ManifestU’s sole and absolute discretion to decide whether to reschedule the missed activity or event. In the event ManifestU is not able to deliver any of the Services in the time provided due to User’s failure to make him/herself available or to cooperate with ManifestU or any third-party in scheduling the services, ManifestU shall be excused from providing the service or performing within the timeframes set forth by this Agreement.

 

14. No Guarantees of Success or Profit. User understands and agrees that ManifestU MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES THAT THE User WILL EARN ANY INCOME OR PROFIT FROM ITS BUSINESS AND/OR REAL ESTATE INVESTING DURING OR AFTER RECEIVING THE SERVICES. IT IS UNDERSTOOD THAT THIS AGREEMENT IS LIMITED TO PROVIDING THE SERVICES. ManifestU MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES TO BE PROVIDED TO User PURSUANT TO THIS AGREEMENT.

 

15. Limitation of Liability. IN NO EVENT SHALL ManifestU BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL, OR TORTIOUS CONDUCT RELATING TO, CAUSED BY OR ARISING OUT OF User’s RECEIPT AND USE OF THE SERVICES. ANY DAMAGES THAT ManifestU IS REQUIRED TO PAY FOR AND ANY AND ALL CAUSES, WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, AND REGARDLESS OF THE FORM OF THE ACTION IN THE AGGREGATE UNDER THIS AGREEMENT SHALL BE LIMITED TO THE SUBSCRIPTION FEE PAID BY User.

 

16. Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ManifestU MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICES.

 

17. No Financial or Investment Advice. ANY DECISION BY User TO MAKE ANY INVESTMENT, LOAN OR OTHER FINANCIAL STRATEGY OF ANY KIND SHALL BE BASED UPON THE User’s OWN CONSIDERATION AND ANALYSIS OF ANY PARTICULAR TRANSACTION AND MADE AT THE User’s OWN RISK. User ACKNOWLEDGES AND AGREES THAT THE User IS SOLELY RESPONSIBLE FOR DETERMINING THE SUITABILITY OF ANY INVESTMENT, LENDING OR OTHER FINANCIAL STRATEGY AND ACCEPTS THE RISKS ASSOCIATED WITH SUCH DECISIONS, WHICH INCLUDES THE RISK OF LOSING ANY AMOUNTS INVESTED OR LOANED. MANIFESTU, ITS PRINCIPALS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, COACHES, ATTORNEYS, AGENTS, AFFILIATES, SUBSIDIARIES AND ASSIGNEES ARE NOT FINANCIAL ADVISORS AND NOTHING CONTAINED IN THE SERVICES IS INTENDED TO BE OR SHOULD BE CONSTRUED AS FINANCIAL ADVICE. MANIFESTU, ITS PRINCIPALS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, COACHES, ATTORNEYS, AGENTS, AFFILIATES, SUBSIDIARIES AND ASSIGNEES ARE NOT INVESTMENT ADVISORS OR AN INVESTMENT ADVISORY SERVICE AND NOTHING CONTAINED IN THE SERVICES IS INTENDED TO BE OR SHOULD BE CONSTRUED AS INVESTMENT ADVICE.

 

18. Advice from CPA, Financial Advisor and Attorney. USER UNDERSTANDS, ACKNOWLEDGES AND AGREES THAT MANIFESTU IS PROVIDING INFORMATION AND EDUCATION ONLY THROUGH THE SERVICES. THE INFORMATION CONTAINED IN THE SERVICES SHALL NOT BE DEEMED OR CONSTRUED AS LEGAL, TAX, OR FINANCIAL ADVICE. User shall seek independent advice from User’s attorney, accountant, and financial advisor regarding the User’s specific situation and prior to implementing any of the Services or any of the Services’ information, ideas, strategies, concepts, trainings, and sample forms.

 

19. Sample Forms. User understands, acknowledges and agrees that in the event ManifestU is providing sample forms and contracts as part of the Services, such forms and contracts are for education and training purposes only. MANIFESTU, ITS PRINCIPALS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, COACHES, ATTORNEYS, AGENTS, AFFILIATES, SUBSIDIARIES AND ASSIGNEES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE VALIDITY, ENFORCEABILITY OR LEGAL COMPLIANCE OF THE SAMPLE FORMS AND CONTRACTS PROVIDED TO USER. MANIFESTU IS NOT PROVIDING ANY LEGAL ADVICE BY PROVIDING THE SAMPLE FORMS AND CONTRACTS TO User. User shall seek the advice of User’s attorney prior to using any of the sample forms and contracts and will have the sample forms and contracts reviewed by an attorney licensed in each state for which User intends to use such forms and contracts.

 

20. User Content. In the event User is provided access to any live trainings, discussion platforms or social media groups as part of the Services, User understands, acknowledges and agrees that he/she is solely responsible for the content User offers, posts, transmits, or shares in any live training, on any discussion platform, within any social media groups, or on social media platform and for any actions taken by any other user as a result of the User’s content, comments, or posts. User agrees and understands that User may receive or be exposed to content provided by other users in the live events, or of the discussion or social media platforms that may be inaccurate, inappropriate, misleading, unlawful, offensive or otherwise objectionable, and ManifestU makes no representations or warranties regarding such content and is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such content. User hereby waives any legal or equitable rights or remedies User has or may have against ManifestU, its principals, members, managers, employees, contractors, coaches, attorneys, agents, affiliates, subsidiaries, and assignees with respect to content contained in any live training or posted on any discussion or social media platform.

 

21. User Interactions and Disagreements. In the event the Services allows User to interact with other users and third-parties who may provide or offer User information, investment opportunities, investment information, advice, services and/or events, or provide User with information about various companies or organizations, User acknowledges that any users or third-parties who have access to any of the platforms that may be provided as part of the Services are not affiliated with ManifestU, and ManifestU cannot influence the investments, information, advice or services provided or offered by other users and third-parties who have access to the platforms that may be offered as part of the Services. User’s interaction with other users and third-parties is solely between User and such other users or third-parties. User agrees that ManifestU and its principals, affiliates, members, managers, principals, employees, representatives or agents will not be responsible or liable for any loss or damage of any sort incurred as the result of any interactions between the User and any other user or third-party. If User has a dispute with one or more of the other users or third-parties who may have access to the same platforms, if any, as User, User irrevocably and forever releases ManifestU (and its principals, affiliates, members, managers, employees, representatives, and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

22. Prohibited Conduct. User agrees that in addition to the other prohibit conducted specified in this Agreement, the following conduct by User is prohibited and constitutes a material breach of this Agreement:

 A. Use of the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other user’s use and enjoyment of the Services;

 B. Attempting to gain access to the Site, Services or any affiliate website or service through hacking, password mining or any other means;

 C. Creating user accounts by automated means or under false or fraudulent pretenses;

 D. Transmitting any viruses, worms, defects, Trojan horses, or any items of a destructive nature;

 E. Defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of any principal, manager, member, representative, employee or agent of the ManifestU or of any other user of the Services;

 F. Uploading, posting, emailing, transmitting, or otherwise making available through the Services any inappropriate, defamatory, infringing, obscene, or unlawful conduct;

 G. Uploading, posting, emailing, transmitting, or otherwise making available through the Services any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party unless the User is the owner of such rights or has permission of the owner to post such content;

 H. Uploading, posting, emailing, transmitting, or otherwise making available through the Services any materials that promote pyramid schemes, chain letters, disruptive commercial messages or advertisements, or anything else prohibited by law;

 I. Downloading any file posted by another User or third-party that User knows, or reasonably should know cannot be legally distributed in such manner;

 J. Impersonating another person or entity, or falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;

 K. Removing any copyright, trademark or other proprietary rights notices contained in or on the Site or Services;

 L. Using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site or Services or collect information about other users for any unauthorized purpose;

 M. Submitting content that falsely expresses or implies that such content is sponsored or endorsed by ManifestU, its principals, affiliates, members, manages, employees, directors, representatives, attorneys, or agents, including Pace Morby;

 N. Promoting or providing instructional information about illegal activities or promoting physical harm or injury against any group or individual; or

 O. Contacting any user or other party other than as allowed through the Services.

 

23. Indemnity. User shall defend, indemnify and hold harmless ManifestU, each of its principals, owners, employees, officers, attorneys, agents, contractors, licensors, suppliers, consultants, advisors, directors, managers, shareholders, successors, assigns, predecessors, affiliates, and members from any losses, claims, damages, costs, fees, awards, judgments, infringements, penalties, or injuries of any kind incurred by any third party, including reasonable attorney's fees and costs and expert fees, which arise from any alleged negligence, willful misconduct, infringement or breach by User in regards or in connection to this Agreement or in regards or in connection with User implementing any of the information, training, strategies and forms provided to User as part of the Services. This section shall survive the termination of this Agreement.

 

24. Governing Law and Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Arizona without respect to conflicts of laws principles. The exclusive jurisdiction and venue for any claim, proceeding, cause of action, or lawsuit arising out of or related to this Agreement shall be in the state courts located in Maricopa County, Arizona. USER HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.

 

25. Attorney's Fees. The prevailing party in any lawsuit or arbitration arising out of or related to this Agreement shall be entitled to an award of their attorneys' fees, expert fees, and costs against the non-prevailing party, which attorneys' fees, expert fees, and costs shall include, but are not limited, to those incurred in collecting any judgment awarded in favor of the prevailing party.

 

26. Assignment. This Agreement and any duties or obligations under this Agreement may be assigned by ManifestU in its sole and absolute discretion. This Agreement and/or any duties or obligations under this Agreement may not be assigned by User without the prior written consent of ManifestU.

 

27. Force Majeure. If ManifestU cannot perform any of its obligations under this Agreement due to events beyond ManifestU’s control ManifestU's performance under this Agreement shall be excused. Events beyond ManifestU’s control include, but are not limited to, pandemics, epidemics, acts of God, war, civil commotion, labor disputes, strikes, fire, flood or other casualty, government regulation or restriction, and weather conditions.

 

28. Notices. Any and all notices, demands or requests required or permitted hereunder shall be in writing and shall be effective upon personal delivery, electronic mail, or upon receipt, if deposited in the U.S. Mail, registered or certified, return receipt requested, postage prepaid, or if deposited with any commercial air courier or express service, addressed to the email address or physical address(es) regularly used by the parties or as specifically stated in this Agreement. Notices transmitted by electronic mail shall be effective upon transmission. Notices sent by U.S. Mail or by courier will be deemed effective upon the earlier of actual receipt or five (5) days after it is placed in the U.S. Mail or with the courier. The physical and electronic mail addresses for notices to ManifestU shall be:

     MANIFESTU

     _______________________

     _______________________

     Email: _________________

 

29. Payments by Credit Card. For payment of the Subscription Fee and any other amounts set forth in this Agreement by credit card, ManifestU has provided User with the opportunity to directly enter the User’s credit card information with ManifestU’s merchant service provider. ManifestU’s merchant service provider will retain User’s credit card information. ManifestU will not retain or keep User’s credit card information on file.

 

30. Acknowledgment of Understanding – Entire Agreement. User acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms and conditions. User also agrees that this Agreement is the complete and exclusive statement of the agreement between User and ManifestU with respect to the Services and supersedes all proposals, representations or prior agreements, oral or written, and any other communications between ManifestU and User relating to the subject matter of this Agreement.

 

31. Acceptance of this this Agreement. BY USER’S ACCESS TO AND/OR USE OF THIS SITE OR THE SERVICES, USER HEREBY ACKNOWLEDGES THE TERMS AND CONDITIONS OF THIS AGREEMENT, ACCEPTS THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF USER DOES NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN USER MUST IMMEDIATELY CEASE ACCESS TO THE SITE AND THE SERVICES.