Internet Sales Experts, LLC
Terms and Conditions of Sale
Updated November 14, 2012
Third Party Beneficiaries. This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.
Governing Law. This Agreement shall be interpreted according to the laws of the State of California without regard to or application of choice-of-law rules or principles.
Waiver. No failure of either party to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches.
Severability. In the event any provision of this Agreement is held by a court of other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they begin negotiations for a suitable replacement provision.
Force Majeure. If either party is prevented from performing any of its obligations under this Agreement due to any cause beyond the party’s reasonable control, including, without limitation, an act of God, fire, flood, explosion, war, strike, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”) the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from the payment of any sums of money owed by you to ISE; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.
Construction. This Agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting this Agreement in construing or interpreting the provisions hereof.
Remedies. Except as provided herein, the rights and remedies of ISE are set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity.
Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the respective parties hereto, their respective successors-in-interest, legal representatives, heirs and assigns.
Damage Waiver. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY HEREUNDER FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR OTHER SIMILAR DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR EXEMPLARY OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ISE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ISE FOR SERVICES.
Intellectual Property. The materials provided to you upon purchase are copyrighted and may not be reproduced in any form, or by any means, without the express written permission of ISE. You may not reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post or use the content of the materials for public or commercial purposes without the express written permission of ISE. The trademarks, logos and service marks (collectively the “Trademarks”) displayed on the materials are registered and unregistered Trademarks of ISE and other third parties that have authorized the use of such Trademarks. Nothing contained in the materials or on the ISE website(s) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of ISE or the appropriate third party. Your use of the Trademarks displayed on the materials, or any other content on the website, except as provided in these terms and conditions, is strictly prohibited.
Acceptable Use Agreement. You agree to the terms and conditions of the Acceptable Use agreement found at www.internetsalesexperts.com/legal.
Disputes. If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, county of San Diego. Either ISE or you may demand that any dispute between you and ISE about or involving the Services must be settled by binding arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Diego, California, USA. The foregoing shall not prevent ISE from seeking injunctive relief in a court of competent jurisdiction.
Indemnity. You agree to indemnify and hold ISE, its subsidiaries and affiliates, and their officers, agents, attorneys and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by you or any third party due to or arising out of: this Agreement, your use of the Services, a breach of this Agreement, any breach of your representations and warranties set forth above, and/or if any content that you post using the Services causes ISE to be liable to another.
Voidability. Your failure to use the Services after purchase does not void any part of this agreement.
Entire Agreement. This Agreement represents the entire understanding relating to the Services and prevails over any prior or contemporaneous, conflicting or additional communications. In order to participate in certain Services, you may be notified that you may be required to agree to additional terms and conditions. You may receive a copy of this Agreement by emailing firstname.lastname@example.org.
Contact. If you would like to contact an ISE customer service representative, please email email@example.com or call 646-389-7389.
Michael Weiss has become one of the top experts in online sales and marketing. His design and architecture of automated sales funnels has produced millions of dollars in sales. As founder of Internet Sales Experts, he has created a dynamic enterprise devoted to teaching small and medium sized businesses to grow their sales. His proven automated online sales model is taught in an easy to learn step-by-step video training series.
Michael was a 2012 finalist for Infusionsoft’s Internet Marketer of the Year. His most recent accomplishments include collaborating with John Assaraf to grow the startup Praxis Now from $100,000 to over $2,000,000 in gross sales within sixteen months. Prior to his buyout, Michael was the chief architect for Praxis’ website, membership and community portal, seven unique product launches and the evergreen automated webinar series.
In addition to being a successful entrepreneur, Michael has been coaching, teaching and working with business owners and fortune 500 executives for over 25 years.