Terms & Conditions

General

Process Potential Inc. ("Avanti Executive", "we", or "us") owns and operates this website (the "Site"). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to specific products or services available on the Site or from Avanti Executive. Accessing the Site in any way, whether automatically or manually, constitutes usage of the Site and signifies your acceptance of these Terms of Service.

We reserve the right to modify these Terms of Service or to impose new conditions on use of the Site at any time, in which case the amended Terms of Service will be posted on this website. By continuing to use the Site after we post such modifications, you accept the updated Terms of Service.

Protecting Intellectual Property


Our Limited License to You

This Site and all its materials, as well as all related names, designs, logos, and slogans, are our property and/or the property of our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.

The Site is for your personal, non-commercial use only. You may not use the Site or the materials available on the Site in a way that violates our rights or is not authorised by us. Unless expressly permitted by these Terms of Service or the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including via email or other electronic means) any content from the Site. You may, however, occasionally download and/or print one copy of individual pages for your personal, noncommercial use, provided that all copyright and other proprietary markings remain intact.

Your License to Us

By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos, and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text, or otherwise, you represent: I that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are at least thirteen years old. In addition, by submitting, emailing, texting, delivering, or posting any content, you grant us and anyone authorised by us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide licence to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such content, in whole or in part, in any manner or medium now known or hereafter developed and for any purpose. The preceding grant includes the right to exploit any intellectual rights in such posting or contribution, including, but not limited to, rights under copyright, trademark, service mark, or patent laws applicable in any applicable jurisdiction. In addition, you grant us and anyone authorised by us the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we judge appropriate, in connection with the exercise of such rights.

You understand and agree that any contributions initially developed by you for us shall be considered "work made for hire" when the work performed falls within the definition of "work made for hire" as set forth in Section 101 of the United States Copyright Law, as amended. As such, Avanti Executive will own the intellectual property rights to these works from their inception. Thus, Avanti Executive shall be considered the author and sole owner of the work and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or subsequently devised, across the universe, in perpetuity, and in all languages, as he sees fit. In the event that any of the results and proceeds of your submissions hereunder are not considered a "work made for hire" under Section 101 of the Copyright Act, as amended, you irrevocably assign, convey, and transfer to AR all proprietary rights, including without limitation all copyrights and trademarks throughout the universe, in perpetuity in every medium now known or hereafter devised, to such material and any and all derivative works thereof. We will co-own any posted materials that are copies of your past works.

You accept that Avanti Executive has the right but not the obligation to use and display any postings or contributions and that Avanti Executive may elect to terminate the use and display of any such materials (or any portion thereof), at any time and for any reason.

Limitations On Linking And Framing

You may create a hypertext link to the Site so long as the link does not express or imply that we or the Site promote your site. You may not, however, without our prior written consent, frame or inline link any of the Site's content or incorporate any of our material, content, or intellectual property into another website or other service.

Disclaimers

We may include links and references across the Site to Internet sites operated by other parties. Our connecting to these third-party websites does not constitute an endorsement or sponsorship of the information, products, or services offered on or through these websites. In addition, neither we nor our affiliates operate or control in any way any information, products, or services that third parties may offer on or via the Site or on websites to which we have provided links on the Site.

Any opinions, recommendations, statements, services, offers, or other information or content expressed or made available by third parties, such as information providers and laboratory findings, are those of the respective authors or distributors, and not of Avanti Executive. Neither Avanti Executive nor any third-party information provider warrants the correctness, exhaustiveness, or utility of any content.

In addition, Avanti Executive neither supports nor is responsible for the truth and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than a Avanti Executive authorised representative when operating in his/her official role.

The information, products and services offered on or through the site and by Avanti Executive and any third-party sites are provided β€œas is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchant ability and fitness for a particular purpose. We do not warrant that the site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.

We believe that the information we provide, including that on our sites, brochures, flyers and information packets, is accurate, but we do not warrant or make any representations regarding the use or the results of the use of the site or materials on this site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. It is your responsibility to verify such matters independently from primary sources of information and by taking specific professional advice.

You agree to defend, indemnify, and hold harmless Avanti Executive, its affiliates, their successors, transferees, assignees, and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or relating to your breach of any obligation, warranty, representation, or covenant contained in these Terms and Conditions.

Online Business

You may be able to purchase a variety of products and services online from third parties through certain areas of the Site. We cannot guarantee the quality, accuracy, timeliness, dependability, or any other characteristic of these products and services. If you make a purchase from a merchant on the Site or on a site linked by the Site, the information obtained during your visit to that merchant's online store or site, as well as the information you provide as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant's data gathering and privacy policies may differ from our own. We are not liable or responsible for these independent policies. Additionally, when you purchase items or services on or through the Site, you may be subject to additional terms and conditions that relate solely to the purchase or use of such products or services. To learn more about a merchant, its online store, its privacy policies, and/or any extra terms and conditions that may apply, visit the merchant's website and click on the information links, or contact the merchant directly. You release us and our affiliates from any losses you suffer and agree not to assert any claims against us or them originating from your purchase or use of any third-party items or services made available via the Site.

Your participation, correspondence, and business activities with respect to the payment and delivery of particular goods and services, as well as any other terms, conditions, representations, or warranties associated with such transactions, are exclusively between you and such third parties. You acknowledge that Avanti Executive is not responsible or liable for any loss, damage, or other issues of any kind that result from such dealings.

You agree to be financially responsible for all purchases made on the Site by you or on your behalf. You agree to use the Site and purchase services or products through the Site solely for lawful, noncommercial purposes. You also agree not to make purchases for speculative, fraudulent, or deceptive objectives, or to anticipate demand for a certain product or service. You agree to acquire products or services solely for yourself or for a third party for whom you are legally authorised to do so. When making a purchase for a third party that requires you to provide the third party's personal information to us or a merchant, you confirm that you have the third party's express authorization to provide their personal information.

Shipping Guidelines for Digital Goods

Access to all of Avanti Executive's online coaching, programmes and webinars requires an Internet connection. This means that shipping is not required for these platforms.

Once a client's payment has been accepted, his/her login information is emailed to the email address provided during the checkout process. This then provides them access to the membership website or webinar.

If a client enters an erroneous email address during the checkout process, we are not responsible for any delay in sending them access information. In this circumstance, the client is responsible for following up. If a client's email address changes throughout the duration of their membership, it is their duty to update their details by contacting us [email protected]

Interactive Features

This website may offer a range of communication tools, such as bulletin boards, web logs, chat rooms, and email services, which enable users to provide us with feedback and engage in real-time engagement with one another. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent over any email services on the Site, rests with each user; you are solely liable for the content you post or transmit. We have no control over the messages, data, or files that you or others may transmit using the Site. As a condition of using the Site, you agree not to:

  • Restrict or hinder the use and enjoyment of the site by other users.
  • You may not use the Site to impersonate any person or entity or to falsely claim or otherwise misrepresent your affiliation with any person or entity.
  • Interfere with or disrupt any servers or networks used to supply the Site or its features, or fail to comply with any rules, procedures, policies, or regulations of the networks used to provide the Site.
  • Utilize the Site to incite or encourage others to engage in illegal activities or cause bodily harm or damage to property.
  • Attempt to gain unauthorised access to the Site or any account, computer system, or network connected to the Site through hacking, password mining, or other illegal means.
  • Obtain or attempt to obtain any materials or information by any means not expressly made available through this website.
  • Use the Site to post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, but not limited to, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, federal or international law.
  • Use the Site to post or transmit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights, or that is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without the owner's permission.
  • Utilize the Site to upload or transmit any information, software, or other content containing a virus or other potentially damaging component.
  • Utilize the Site to post, transmit, or otherwise exploit any information, software, or other content for commercial purposes or that contains advertising.
  • Without our prior written permission, you may not use the Site to advertise or solicit anybody to buy or sell items or services, or to make donations of any sort.
  • Collect for marketing purposes any email addresses or other personally identifiable information supplied by other site users.

On its website, Avanti Executive may contain message boards, chats, and other public forums. Any user failing to comply with the terms and conditions of this Agreement is subject to expulsion from and future access denial to the message boards, chats, or other public forums. Avanti Executive or its designated agents may at any time and for any reason remove or modify any user-generated content. The purpose of message boards, chats, and other public forums is to serve as discussion hubs for users and subscribers. Information and content uploaded in these public forums may be supplied by Avanti Executive personnel, external contributors, or unaffiliated people, some of whom may use anonymous user names.

Avanti Executive expressly disclaims all responsibility and endorsement, and makes no representations as to the accuracy or reliability of any opinion, advice, information, or statement expressed or displayed in these forums by third parties; nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances may we, our affiliates, suppliers, or agents be liable for any loss or harm resulting from your reliance on information gained via these forums. The opinions stated in these forums are those of the individual participants and do not represent those of Avanti Executive or any of his subsidiaries or affiliates.

Avanti Executive is under no responsibility to monitor the message boards, chat rooms, or other public forums available on the Sites. You understand and agree, however, that we reserve the right to monitor the website at our sole discretion. In addition, we reserve the right, for any reason, to alter, edit, refuse to post, or remove any postings or content, in whole or in part, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process, or government request and to protect ourselves, our clients, sponsors, users, and visitors.

Registration

To access certain features of the Site, you may be required to provide demographic information such as your gender, birth year, zip code, and country. In addition, if you want to register for a particular feature of the Site, such as chat rooms, web logs, or message boards, you may be required to give personally identifiable information, such as your name and email address, on the registration form provided. You agree to provide true, accurate, current, and complete information about yourself as prompted by the registration form on this website. We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site if we have reasonable reasons to suspect that such information is incorrect, inaccurate, or incomplete (or any portion thereof). The rules of our Privacy Policy govern our use of any personally identifiable information you supply as part of the registration process.

Passwords

You may acquire a username and password as part of the Site's registration process in order to access certain features. You are responsible for preserving the secrecy of your password and account, along with all activity (whether by you or others) that occur under your password or account. You agree to tell us immediately of any unauthorised use of your password or account or any other breach of security, and to exit from your account at the conclusion of each session. We are not responsible for any loss or harm resulting from your failure to safeguard your password or account information.

Exclusion of Liability

Under no circumstances, including negligence, shall we, our subsidiary and parent companies, or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site, including our messaging, blogs and comments. (since some states prohibit the exclusion or limitation of certain kinds of damages, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiary, parent, and affiliated companies is limited to the fullest extent permitted by such state law.)

You expressly acknowledge and agree that we are not responsible for the defamatory, offensive, or illegal conduct of any user. Your sole and exclusive remedy for dissatisfaction with the site, any materials, products, or services on the site, or with any of the site's terms and conditions, is to cease using the site and the products, services, and/or materials.

This site is continually being worked on, and Avanti Executive makes no implied or express warranty as to its accuracy, completeness, or suitability for any purpose.

Termination

We reserve the right to cancel or terminate your permission to use the Site or any portion of the Site at any time and without notice. In the event of cancellation or termination, you are no longer permitted to access the portion of the Site that has been impacted. The restrictions imposed on you regarding content obtained from the Site, as well as the disclaimers and liability limitations outlined in these Terms of Service, shall survive.

Confidentiality

You agree not to divulge any information obtained from us, our clients, advertising, suppliers, or forum participants. All information given by an end-user customer pursuant to a Program is Avanti Executive's confidential information. These client details are private and may not be disclosed. Publisher commits not to reproduce, publish, sell, distribute, or otherwise exploit commercially any such confidential information.

Other

The Digital Millennium Copyright Act of 1998 (the "DMCA") grants redress to copyright owners who think that Internet content violates their rights under U.S. copyright law. If you believe that content hosted by Avanti Executive violates your intellectual property rights, you or your agent may email Avanti Executive a notice requesting that the content be removed or that access to it be prevented. Any notification by a copyright owner or person authorised to act on its behalf that does not comply with DMCA requirements shall not be deemed sufficient notice and shall not be deemed to confer upon Avanti Executive actual knowledge of facts or circumstances from which infringing material or acts are apparent.

The DMCA allows you to send Avanti Executive a counter-notice if you feel in good faith that a notice of copyright infringement was improperly filed against you. All notices and counter notices must comply with the DMCA's then-current legislative requirements; see http://www.loc.gov/copyright for more information. Avanti Executive's Copyright Agent can be reached at [email protected] for accusations of copyright infringement or counter notifications.

This Agreement binds Avanti Executive and our respective assigns, successors, heirs, and legal agents. This Agreement and any rights granted hereunder cannot be assigned without Avanti Executive's prior written authorization. Avanti Executive may freely assign all rights and responsibilities under this Agreement to any related business or any of its wholly-owned subsidiaries, notwithstanding the foregoing.

Resolution of Disputes

These Terms and Conditions shall be regulated by and construed in accordance with the laws of Texas, United States, and any dispute shall be submitted to binding arbitration in Austin, Texas, United States. If any section of this agreement is determined to be unlawful, invalid, or unenforceable for any reason, then that provision shall be deemed severable and shall not impact the validity and enforceability of the other terms.

Waiver of Class-Action Proceedings

You may only resolve issues with us on an individual basis; you may not pursue a claim in a class, consolidated, or representative action as a plaintiff or class member. Not permitted are class arbitrations, class actions, private attorney general proceedings, and consolidation with other arbitrations.

The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action) unless all relevant parties agree following the commencement of the arbitration.

Severability

If any clause within this Provision (other than the Class Action Waiver clause) is determined to be unlawful or unenforceable, that clause will be severed and the remaining provisions will remain in full force and effect. If the Class Action Waiver clause is determined to be unconstitutional or unenforceable, the entirety of this Provision will be void and the issue will be resolved by a court.