TERMS AND CONDITIONS
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER FROM THIS WEBSITE OR OTHER OF OUR SITES WHICH LINK TO THESE TERMS. THESE TERMS AND CONDITIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT AND DATA PROCESSING ADDENDUM FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“CLIENT”) AND KINGSTON STATION PUBLISHING ("THE PUBLISHER"). THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE PRODUCT AND SERVICES PROVIDED BY THE PUBLISHER, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, BY MAIL OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.
PROGRAM/SERVICE
Kingston Station, LLC (herein referred to as “Kingston Station”, “Company” or "Publisher") agrees to provide this membership/subscription (herein referred to as “Program”, "Subscription" or "Membership") identified in online commerce shopping cart. The customer (herein referred to as "Customer", "Client", or "Subscriber") agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
DISCLAIMER
Client understands Tony Rush (herein referred to as “Consultant”) and Kingston Station, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Publisher/Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
COSTS
The cost of enrolling in the Marketing Expedition Society ("Program") is $97/month. The Publisher may charge a lower price as a promotion in accordance with these Terms. The first month of service (herein referred to as "Trial") may be billed at a lower rate than the ongoing subscription. The purchase allows the Customer for access and lifetime use of the Program for as long as the Company makes the product available.
BILLING
Payments may be made via credit card, cash, check, money order, and other digital wallet services. Payment details shall be collected by us through a secure financial data collection mechanism ("Shopping Cart"). Client acknowledges and agrees that the Publisher holds data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. Client also understands and agrees that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorizes the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount).
Customer is responsible for paying all sums due to the Publisher in connection with their monthly subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when membership starts up and payment of the monthly fee is a condition of access and service. Every calendar month, Customer's account will be charged for the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively, “Fees”). Failure by the Client to use any of the services available through the service provided by PublIsher does not relieve the Client of their payment obligations under these Terms.
As a Subscriber with a monthly or annual Membership who has provided the Publisher with a valid debit or credit card or an alternate payment method, your payment will be automatically processed at the time of your designated payment date (monthly or annually) and will be billed to the payment method provided to the Publisher at the time of the Subscriber's enrollment.
Publisher reserves the right to immediately terminate a user’s subscription and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event Publisher starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses.
CANCELLATION
The Customer may cancel their Membership at any time by contacting the Publisher's Customer Support Center either by email at hello[AT]marketingmentormonthly[DOT]com or at the Publisher's postal address at the bottom of these Terms. To avoid being charged for their automatic renewal (monthly or annual), the Customer must contact the Publisher at least five (5) business days prior to the next billing cycle. If the Customer provides less than five (5) business days notice before the next automatic billing cycle, the Customer will still be charged the full amount. Customers may not prorate their last month's membership nor are Customers entitled to any refund for any payments to Kingston Station Publishing.
REFUNDS
If the Customer wishes to cancel their Subscription, they may receive a full refund for their first 30-days of membership ("Trial"). In addition to the cancelation requirements detailed above in these Terms, refund requests must be made at least five (5) days before the next scheduled automatic billing. All refund requests must be made within the initial 30 days of purchase ("Trial"). After 30 days has elapsed, no refunds will be provided for cancellations.
Additionally, any hard goods and shipped materials must be returned to the Publisher immediately according to the instructions provided by the Publisher after requesting a refund. Hard goods must be returned in like-new or re-sellable condition, as determined by the Publisher's sole discretion.
According to these Terms, the Customer may request a refund by emailing hello[AT]marketingmentormonthly[DOT]com or via the postal mail at the address at the bottom of these Terms.
CONFIDENTIALITY
The Company respects Client’s privacy and insists that Client respects the Company’s and Program Participants (herein referred to as “Participants”). Thus,
consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Participants during Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product you agree that if you violate or display any likelihood of violating this session the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
NO TRANSFER OF INTELLECTUAL PROPERTY
Kingston Station’s program is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Kingston Station. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
CLIENT RESPONSIBILITY
Program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any program materials.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
FORCE MAJEURE
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
SEVERABILITY/WAIVER
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
LIMITATION OF LIABILITY
Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
NON-DISPARAGEMENT
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
ASSIGNMENT
Client may not assign this Agreement without express written consent of Company.
MODIFICATION
Company may modify terms of this agreement at any time. All modifications shall be posted on the MarketingMentorMonthly or MarketingExpeditionSociety websites.
TERMINATION
Publisher is committed to providing Membership with a positive Program experience. By purchasing this product, Client agrees that the Publisher may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Member's participation in the Program without refund or forgiveness of monthly payments, if applicable, if Member becomes disruptive to Publisher or Participants, if Member fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Publisher. Member will still be liable to pay the total contract amount.
INDEMNIFICATION
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in Kingston Station Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Kingston Station and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.
RESOLUTION OF DISPUTES
If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
EQUITABLE RELIEF
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the parties irrevocably agree that exclusive venue for such dispute shall lie in any court of competent jurisdiction in Houston County, Alabama, and the parties waive any claim that such forum is inappropriate or inconvenient. In this venue, the injured Party may seek equitable relief, including without limitation a temporary restraining order or injunction.
NOTICES
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: hello[at]tonyrush[dot]com. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, United States of America.
DISCLAIMERS
ANY AND ALL MATERIAL PROVIDED BY KINGSTON STATION LLC IS PROVIDED “AS IS” AND KINGSTON STATION MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Every effort has been made to accurately represent this product and its potential. There is no guarantee that you will experience an increase in income, earnings, net worth, health, peace-of-mind, or financial well-being as a result of using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of an increase in income, earnings or net worth. We do not position this product as a “business opportunity” or a “money-making” opportunity of any kind. It is strictly an educational program.
Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
Any and all forward-looking statements here or on any of our sales material are intended to express our opinion about the potential for any reasonable person to improve their lives through conscious living. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s. In fact, no guarantees are made at all that you will achieve any results from our ideas and techniques in our material.
THIRD-PARTY SITES, SERVICES, PRODUCTS AND RECOMMENDATIONS
Recommendations of or links to third-party products and services found in the Program are for your convenience. Should you leave the Program site, the content you view therein is not provided by our company. We are not responsible for nor have we developed the content at those sites. We make no guarantees, representations, or warranties as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality, or timeliness of any electronic content. Client agrees to do their own due diligence on the purchase or acquisition of recommended products and services.
Last revised: 11/01/2021
Kingston Station Publishing
379 N Oates St #1646
Dothan, AL 36302