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99 Wall Street #2563 New York, NY 10005
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Guaranteed Sales Opportunities
2K+ Likes On Facebook!
99 Wall Street #2563 New York, NY 10005

General Terms Of Service

This agreement is entered into by the undersigned (referred to as “you,” “your,” “customer,” “your company,” “client,” or “individual”) and RTA Ventures LLC (referred to as “us,” “company,” “we,” “our company,” “our,” “D.B.A. DFY Sales Calls LLC,” “our associated phone numbers,” “our associated email addresses such as support@dfysalescalls.com,” “our associated websites such as “www.dfysalescalls.com“). This agreement includes mandatory binding arbitration and waiving your rights to chargeback/dispute.

Please read everything carefully. If you do not understand or agree to any of these terms and conditions for any reason, do not sign this legally binding contract. Any and all purchases made by you from our company are hereby bound by the following policies upon your signature below.

Right To Refuse Service Our company reserves the right to refuse service to any individual or entity, at its sole discretion, without providing any explanation or reason for such refusal and or prior notice. This includes, but is not limited to, instances where our company deems the individual or entity’s actions, behavior, or requests to be in violation of company policies, inconsistent with the intended use of the service, or otherwise contrary to the best interests of our company. 

ENTIRE AGREEMENT This written agreement represents the complete understanding between Our Company and the client, superseding any prior agreements or communications, whether written, oral, or in marketing materials, including sales calls. Any external information is deemed null and void. Conditions, statements, or representations outside this agreement are irrelevant and hold no legal weight or effect. The client acknowledges that this agreement, and our overall agreement is exclusively governed by the explicit terms herein this legally binding contract. 

BACKGROUND The Client is of the opinion that Our Company has the necessary qualifications, trustworthiness, experience, and abilities to provide the services to the Client. Our Company is agreeable to providing the services to the Client on the terms and conditions set out in this Agreement. 

Services & Costs The Client hereby agrees to engage Our Company to provide the Client with the following services with these costs (the “Services”) and (‘the “Costs”):

The “Costs”

  • Costs may vary depending on the contract you sign or prodcuts/service you purchase.
  • Payment In full is required immediately after the client’s signature below.
  • Full payment is necessary for the complete delivery of our services to the client.
  • All sales are final. Please refer to the strict policies herein this agreement.

The “Services”:

  • Our company will generate sales opportunities for the client via email marketing.
  • The sales opportunities will start being delivered to the client at the earliest of 14 business days after the client signs this contract and makes their payment in full.
  • Our company will deliver all initial  sales opportunities/leads to the client, or refund the client X ammount of dollars per sales opportunity/lead if the contractor is not able to deliver all. Please view our signed contracts for exact pricing. Restrictions Apply – Please review the “Lead Quality and Quantity Disclaimer herein.
  • There is no expected timeframe for how long it will take the contractor to deliver all 100 sales opportunities to the client as this varies client to client.
  • After the inital sales opportunities are delivered to the client, the contractor will charge the client $35 per sales opportunity every 7 days thereafter for every sales opportunity generated and delivered. The client will be automatically charged via the client’s preferred payment method on file. The client hereby authorizes and allows the contractor to automatically bill for the services provided. 
  • We do not book sales calls for you or sign customers up for you. That’s your responsibility.
  • Helpful Definitions: Sales Opportunity– Potential leads or any positive response to email marketing the contractor is generating via email marketing. Positive response – A response that has any positive intent from a prospective client. Examples of positive include any general positive intent that’s in response to our email marketing efforts. Please see the “Lead Quality and Quantity Disclaimer” herein for more information regarding sales opportunities & positive responses. Email marketing– Contacting prospective customers on behalf of the client via email to generate positive responses or “sales opportunities”. 

Information Included With Sales Opportunities: Sales opportunities or leads will always contain the business name and an email address. If we have it, we will also provide the phone number if available, and website if available. Sales opportunities will only have business contact information, not personal contact information. The availability and accuracy of contact information varies. We do not provide transcripts or responses or communications between our company and the leads we’ve generated. It is up to the client to do their due diligence and put together additional contact information if they so choose. Kindly review our “Sales Opportunity Quality and Quantity Disclaimer” herein for additional information we have provided.

Equipment Costs Our company will cover the costs of the equipment required to do the client’s lead generation via email marketing. In the event our company is unable to cover the costs due to unforeseen circumstances, our company will not be responsible for any of the additional equipment costs associated with performing the clients email marketing services.The contractor will pay for the client’s required equipment on behalf of the client with the client’s preferred payment method on file. The client hereby gives the contractor permission to purchase the necessary equipment with the client’s preferred payment method on file on behalf of the client. The equipment will include email service providers. The client gives the contractor permission to purchase the services of these email service providers on behalf of the client with the client’s preferred payment method on file. The client is responsible for the cost of these email service providers that the contractor will be using to perform the client’s cold outreach.The email service providers will cost approximately $25-$100+ every month and that will be billed directly to the client’s preferred payment method on file from the companies associated with the email service providers. Definitions. Email service provider – A custom built virtual private server that has the ability to send emails, or google email, or outlook email, or any other emailing service.

Sales Opportunity Targeting Limitations: The Parties acknowledge and agree that our Company shall not engage in lead generation or targeting based on criteria including but not limited to income, company positions, race, employment status, gender, sexual orientation, or any other variables. Our Company’s targeting capabilities are and shall remain general in nature, and it shall not discriminate against individuals or groups based on these factors in any aspect of lead generation, targeting, or any other marketing activities.

Standard Refund Policy Other than delivering all leads that were purchased, there will be no refunds under any circumstances. Our company is committing their time, energy, and resources to the services the client is purchasing, reserving and filling our calendars with these services, and fulfilling the services. These services are valuable, and they cannot be easily replaced or filled. Therefore, the client understands and agrees that all sales are final and non-negotiable. There will be no refunds for any reason; even if the client is “unsatisfied” or “dissatisfied” for any reason, or our services haven’t met their expectations for any reason. Any unused, unscheduled, missed, or unattended services, or time wasted during services, will not be eligible for a refund under any circumstances. 

No Returns or Replacements There are many reasons why a sales opportunity or lead may or may not be a good fit for the client, but they will not be eligible for returns or replacements under any circumstances. This return and replacement policy is also bound by our “Lead Quality and Quantity Disclaimer” herein.

Cancellation Policy Strictly For Recurring Payments And Services After our company delivers the 100 sales opportunities, the client will be required to pay $35 per sales opportunity to our company every 7 days thereafter. The client will pay the contractor for all sales opportunities generated during the 7 day billing period in full every 7 days. The client will be automatically charged via the client’s preferred payment method on file. The client hereby authorizes and allows the contractor to automatically bill for the services provided. The client will be responsible for payment for all sales opportunities generated. If the client wishes to cancel our recurring payments and services, they must give our company 7 days’ written notice in writing via email at support@dfysalescalls.com. This cancellation policy is only for recurring payment and services, not the initial payment of $3500, and all other matters are covered under our “No Refunds” and “No Returns Or Replacements” policies herein. You can also review our “Contractual Waiver of Rescission Policy” herein regarding cancellation of this legally binding contract.

No Chargebacks/Disputes With Your Bank, Credit/Debit Card,…etc

  1. Our company commits to promptly reversing any charges if our company makes any billing errors such as double billing or other billing inaccuracies. However, there are no chargebacks/disputes permitted, for all agreed upon charges, even if the client is “unsatisfied”, “dissatisfied”, or we didn’t meet their expectations for any reason.
  2. We are a small business, not a large company that can absorb the costs of friendly fraud, and we will pursue all chargebacks/disputes to the fullest extent of the law.
  3. Review the “costs” and “services” sections of this legally binding contract before signing.
  4. Carefully review and consider all terms/conditions herein this agreement before making any purchases or signing this legally binding contract with our company.
  5. Initiating a chargeback, dispute, or challenge of any agreed upon charges for any reason constitutes a material breach of this agreement. 
  6. In the event of a chargeback/dispute, the customer agrees to be held responsible for all agreed upon costs owed to our company, including all costs associated with addressing the chargeback. These costs may include; but not limited to; attorney fees, payment processing fees, reasonable expenses, third party collections agencies fees, chargeback alerts or tools, and other costs incurred by Our Company while pursuing the chargeback/dispute.
  7. The financial obligations owed to Our Company by the client are exclusively determined by this legally binding contract, not the client, and not the client’s bank or card issuer. 
  8. Our company may comply with law enforcement and press charges for theft of services, which may be considered a felony in your jurisdiction for these dollar amounts.
  9. In the event of impending chargebacks/disputes, we reserve the right to refund transactions to protect our payment processor. Additionally, we may promptly forward those amounts to collections and pursue those amounts with relevant third parties.
  10. By signing signing up with us, the client willingly and irrevocably waives any rights to contact their bank/card issuer and initiate chargebacks or disputes for any authorized charges in this legally binding contract. Additionally, the client hereby agrees to indemnify and hold harmless our company for all actions we take in the pursuit of any chargebacks or disputes the client initiates for any authorized transactions for any reason whatsoever.

Lead Quality and Quantity Disclaimer: 

  1. The client acknowledges that the quality and quantity of leads or sales opportunities generated while using our products and services may vary. There is no “average” quality or quantity of leads or sales opportunities and we make no warranty or representations of such. Sales opportunities are not presented as or promises of closed clients.
  2. Our company deems a sales opportunity or lead to be anyone that shows any positive interest to email marketing efforts for any reason whatsoever, and we do not guarantee any or all leads will be a fit for the client. 
  3. Some examples of sales opportunities the client may feel are not a good fit, include, but are not limited to; does not respond, changes their mind about being interested, has requirements you don’t want to do or can’t fulfill, they are not the decision maker, they would rather work with someone locally, can’t afford your services, incomplete contact information, inaccurate contact information, you haven’t signed them up, they aren’t interested in working with your company for whatever reason they decide, you can’t get in contact with them, or any other reason. 
  4. The client accepts that some leads may not be what the client considers “quality”, may not be “qualified”, or may change their level of interest at any time for no reasonable reason, and the volume of leads generated may fluctuate. The client understands there will be no refunds, returns, or exchanges for any sales opportunities or leads the client feels are not a good fit for any reason. 
  5. Our company shall not be held liable for any outcomes or results arising from lead quality or quantity, as they are influenced by factors beyond our control, including but not limited to lead information accuracy, complete or incomplete contact information, responsiveness, seasonality, the client’s sales process or lack thereof, the client’s experience or lack thereof, the client’s offer, the client’s target audience, the lead needing or not needing the clients exact services, the lead needing services the client doesn’t offer, the lead feeling like the client’s company is not a good fit, the lead not being able to afford the client’s services, individual circumstances, and other variables. 
  6. The client should follow standard industry best practices for trying to get leads or sales opportunities to convert into paying customers. Typical industry standard best practices may include promptly answering the phone and using a professional sales script, offering financing, a professional sales process, striving to win the business even if leads are outside the service area or calling about a different business offering similar services, giving an estimate every time even if you don’t want to do the work for whatever reason, believing in your company, being a great salesman and also training regularly, employing follow-up methods such as phone calls, voicemails, emails, and text messages…etc. It is not uncommon for the leads to require longer-term nurturing before they convert into paying clients, and may require 9-12 contacts on multiple channels just to begin with. 
  7. Failure to follow industry best practices may result in a lower closing rate for leads or sales opportunities. If the client doesn’t understand sales, or is unwilling to learn or implement common industry standard best practices for converting leads into closed customers, it is unlikely they will get any or many sales. 
  8. By entering into an agreement with us, the client is aware of the work required to convert leads and sales opportunities into paying clients and agrees to be bound by our terms and conditions regardless of their sales efforts, sales skills, or results. Additionally, there will be no refunds, returns, or exchanges for any sales opportunities or leads the client feels are not a good fit for any reason. The client hereby acknowledges, understands, and agrees to this lead quality and quantity disclaimer, and indemnifies and holds harmless our company for all lead quality, quantity, and sales matters under the indemnification policy in this agreement.

Proof Of Delivery Of Our Services Upon the customer signing this agreement and paying our company the agreed upon “costs”, our services are deemed delivered in full and as described immediately. This immediate fulfillment of our services is attributed to our services being digital and nature, and once the client provides the payment for our services in full, they will be able to commence,consume, and utilize them immediately; and or our company will begin working immediately. The client hereby agrees this is proof of our immediate delivery of our services in full as described, and waives any and all claims that our services weren’t delivered in full or as described. 

Guarantee Policy: Our company will deliver all initial sales opportunities/leads to the client that were paid for in full up front, or refund the client X ammount of dollars per sales opportunity/lead based on the package they purchase, if the contractor is not able to deliver all initial leads/sales opportunities. Restrictions Apply – Please review the “Lead Quality and Quantity Disclaimer herein. In all other matters, our Company does not guarantee the effectiveness or results of any of our products/services provided, nor do we make promises, assurances, or guarantees regarding the attainment of any results, goals, or outcomes. Customers should not purchase our products or services with the expectation of immediate success, but rather with the understanding that using our products and services will take time and effort, and may be applicable in some situations but not others. It is the client’s sole responsibility to take full ownership of their progress and work diligently towards their desired outcome.

No Warranties Policy The customer agrees and understands that Our Company does not make any representation of a warranty, or extends any warranty of any kind for any reason, either express or implied. Our Company will not be responsible for failure to perform any obligation. Our Company does not provide a warranty or guarantee regarding the successful completion of our services. The ability to complete our services may be impacted by factors such as complexity, financial constraints, legal reasons, or unforeseen circumstances. 

Customer Support

  1. Email Support is available for our clients between 9 AM to 5 PM, Monday through Friday, and is subject to our availability. Please allow a minimum of 3 days for our company to get back to you via email. There will be no support provided on or around U.S.A. holidays, as we are closed. We make no claims when or if we’ll respond back to the client. Clients can email us at support@dfysalescalls.com
  2. Our company does not respond or answer to any inbound phone calls or sms messages after sales and we do not provide support over any other channels other than email.
  3. We are not required to follow up with you or “check in” on your progress after your purchase, on any channel, in any capacity. We assume no responsibility for motivating or convincing you to take action. 
  4. Support is a privilege that can be revoked at any time for any reason at our sole discretion, and is not a right under this agreement. Some reasons our customer support may be revoked are covered under our harassment policy herein this agreement.
  5. Our Company is not liable for any outcome resulting from the support provided, which is protected under the indemnification policy set forth in this agreement, and you hereby indemnify us under the indemnification policy under this agreement and release us from liability.

Non-Implementation Disclaimer & No Excuse Clause By signing this agreement, you acknowledge and agree that you will remain responsible for fulfilling all obligations and requirements set forth in the agreements/exhibits, regardless of your decision to implement or not implement our services, for whatever reason, including, but not limited to; because you changed your mind, you found our services unsuitable or unuseable, you are having issues with third parties, you no longer want to make payments for any reason, you no longer wish to be bound by this agreement for any reason, you were not able to use our services because of funds or any other reason, you found our services confusing, you did not agree with something inside our services, you had a technical issue, you lost interest in our services, you lack the necessary time to use our services, you’re making frivolous claims with no legal merit, or you no longer wish to use our services or be bound by this agreement in general for any other reason. Our agreements are final and legally binding. You understand that you will still be legally bound by all covenants, conditions, obligations, and terms outlined in this agreement, regardless of any reasons.

Payment Authorization: By signing this agreement, you grant us authority to charge your preferred payment method on file for any outstanding amounts under this agreement at any time. We may charge you in various formats, for example, payments may include $1 risk assessments, $1 payment method verification, and 1 main charge of the remaining balance. You authorize us to store and periodically debit your preferred payment method, ensuring sufficient funds are available. In case of unsuccessful payments, you agree to provide new details within 1 business day. Additionally, we may retry failed payments with your preferred payment method on file. You are responsible for additional fees, taxes, or expenses. Cancellation terms are outlined in this agreement. All payments are in USD unless otherwise instructed. In case of any breach, you authorize us to immediately charge your preferred payment method for all payable amounts, regardless of any payment plans.

TERM OF AGREEMENT This Agreement becomes effective upon the date of the client’s signature or by clicking accept(“Effective Date”) and shall remain in effect until the completion of all obligations of both Parties hereto, or five years from the Effective Date, whichever comes first.  Upon termination, you will remain responsible for any outstanding payments to our company. 

CURRENCY Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars). Our Company is not responsible for overdrafts of the clients accounts.

Customer Satisfaction Policy Our Company does not claim, guarantee, or warranty customer satisfaction in any shape, manner, or form; expressly or implied. All sales are final, if the customer is unsatisfied, dissatisfied, or we are unable to meet the client’s expectations for any reason; there will be no refunds, returns, or cancellations under any circumstances. Additionally, chargebacks/disputes are not permitted for any and all charges you have authorized herein. 

Nonpayment  If the client fails to make full payment to Our Company for any agreed-upon amounts owed under this agreement or expresses an intention to withhold future agreed-upon payments, Our Company reserves the right to promptly revoke the client’s access to all of our products and services. It is important to note that non-payment or threatened non-payment does not nullify any terms or conditions stated in this agreement. Moreover, until full payment is received and all fees, costs, and expenses related to the client’s failure to make the agreed upon payments are settled, the client’s access to all of our products and services, may be temporarily suspended. Non-payment or threatened non-payment constitutes a breach of this agreement. In the event of such non-payment or threatened non-payment, it is agreed and understood that the entire amount payable under this agreement will become immediately due and payable, regardless of any existing payment plans, and will be subject to all other terms and conditions specified in this agreement. The client acknowledges and agrees to indemnify and release Our Company from any liability in the event of non-payment or threatened non-payment by the client as outlined in the indemnification policy stated in this purchase agreement. 

INTEREST ON LATE PAYMENTS Interest payable on any overdue amounts under this Agreement is charged at the maximum rate enforceable under applicable legislation.

Breach Of Contract Failure by the client to comply with or make threats of non-compliance with any provisions, covenants, obligations, or conditions of this purchase agreement constitutes a material breach of this contract. In such circumstances, the full amounts payable under this agreement will become due immediately, regardless of any payment plans agreed to. Our Company may pursue damages or payments through various legal channels or collections agencies without delay. Nothing in this agreement shall prohibit Our Company from seeking remedies, including court action, collections, or recovery of monetary damages, for breaches, threatened breaches, infringements, or threatened infringements from the client or their business immediately. A breach of contract does not terminate this agreement, and Our Company is committed to upholding all provisions, covenants, conditions, and obligations as outlined in this agreement to the fullest extent of the law.

Attorney’s fees If the client violates, breaches, or threatens to breach any term or condition of this agreement, and Our Company employs an attorney to pursue any violation or breach of this agreement, the client shall be liable as hereafter stated for all reasonable attorney costs, court costs, and legal costs incurred by Our Company’s attorney. The client agrees to pay Our Company for any reasonable attorney costs incurred.

Collection fees Our Company may engage a third-party collections agency to collect any amounts payable under this agreement. In such a case, the client will be responsible for paying the costs of the collections agency in addition to the total amount due. Collections agency costs typically range from 30%-40%+ of the total due which will be added to the amount owed by the client. Collection’s costs vary and they are outside our control. The client will also be responsible for any other reasonable fees related to collecting their debt owed to Our Company. Our Company may engage a third party collections agency to collect the total amounts due payable under this agreement, plus all collections fees, at any time for any reason, without notice to the client while collecting any unpaid amounts under this agreement. In addition, if the client violates, breaches, or threatens to breach any term or condition of this agreement, the total amounts payable under this agreement become due in full immediately, regardless of any “payment plans” to Our Company and all amounts may be turned over to a third party collections agency including all collections fees immediately without notice. Nothing in this agreement prohibits Our Company from immediately seeking all amounts you agreed to under this agreement via collections.

Court fees The client agrees to pay for any reasonable court costs involved in Our Company pursuing collecting payments, breach of contract, or any other legal matters.

Travel & lodging fees The client agrees to pay for Our Company’s and legal representative’s reasonable travel and lodging in direct connection with the collecting of the client’s payment, breach of contract, or any other legal matters. 

Asset Searches In the event of non-payment by the client, or breach of contract, the client agrees to pay for any reasonable expenses incurred by our company while conducting asset searches to recover our unpaid payments under this agreement. The client shall be responsible for all reasonable costs associated with the asset searches, including professional fees, third parties, travel expenses, administrative costs, and any other reasonable expenses incurred. 

Personal Guarantee Regardless of any title or position included in your name or signature below, if you, as the Client, are signing on behalf of an LLC, Corporation, LLP, DBA, or any other entity, then you (the “client”), as the individual signing this agreement below, hereby personally guarantee the payment of all fees and costs payable under this agreement in the event the entity does not remit any payments required under this agreement. The signatory or client below also agrees to be personally liable for any and all obligations, provisions, covenants, or conditions of this agreement and indemnifies Our Company under the indemnification policy in this agreement to the fullest extent of the law. This personal guarantee shall remain in full force and effect until all obligations, provisions, covenants, or conditions under this agreement have been satisfied, and it shall be binding upon the client and their respective successors, assigns, and legal representatives. The Client agrees to be responsible for any reasonable aforesaid attorney costs, asset searches, court costs, travel and lodging expenses, and collection costs incurred by Our Company in the event of a breach or non-payment, regardless of litigation initiation. The Client acknowledges the reasonableness of these fees and also agrees to cover any additional reasonable costs incurred by Our Company during the pursuit of a breach of contract, collections, or other legal matters, regardless of litigation commencement.

Financial Stability and Payment Assurance Clause The signatory or client below hereby affirms, warrants, and vouches that they are not presently encountering any significant financial hardship, nor do they anticipate facing any such hardship in the foreseeable future. Furthermore, the signatory or client assures that they possess the capability to fulfill all payment obligations promptly and in accordance with the agreed-upon terms. The client represents and warrants that they have no ongoing legal or collections efforts against them and do not anticipate any such efforts for any reason. The client acknowledges and understands that our company is not acting as a loan officer or lender. Therefore, our Company does not qualify the Client’s ability to pay the amounts due under this agreement and we do not evaluate the Client’s repayment capacity. The Client acknowledges that they have not relied on any representations made by our Company claiming their ability to make any payments under this agreement. The Client acknowledges sole responsibility for their financial choices and obligations and understands that any payment arrangements are their own responsibility and are binding under this agreement. Additionally the client acknowledges and agrees to the Implementation Costs Disclaimer herein.

Third Party Financing Disclaimer Our company may offer third-party financing options to you through external entities to pay for our services. However, the approval of your financing application and the terms and conditions surrounding your financing is solely determined by these third parties, based on their assessment of your financial profile. Our company is not liable for their decisions or yours. By utilizing the third-party financing options shown to the client, you acknowledge that our company bears no responsibility for the decisions made by these third-party providers. We do not warranty or guarantee approval, availability, terms, conditions, and any acceptance or rejection of your application is at the discretion of the third parties. Please review the terms and conditions of the third-party financing entities carefully before proceeding with them, as our company assumes no liability for the client seeking financing through third parties. The client is free to secure lending through their own channels if they wish, and they don’t have to use any of our third party providers. The client acknowledges and agrees to indemnify our company under the indemnification policy herein this agreement for third party financing. Additionally we will not begin providing our services outlined in this agreement to you until payment in full is made by you to us after you secure financing with third parties or a lending source of your choice. By signing this agreement, you confirm your understanding and acceptance of this Third Party Financing Disclaimer. The Client hereby consents to a soft credit check conducted by our company, designated representatives, or third parties. The credit check will be utilized for the purpose of assessing the Client’s creditworthiness as part of the contractual agreement between the parties, or to secure funding for a loan with third parties. We are not involved in the lending process whatsoever and we are not lenders or a financial institution. The Client authorizes third parties to obtain and share relevant personal and financial information with credit reporting agencies or other relevant entities to facilitate the credit check process. Credit checks typically begin as “soft pulls” or “soft inquiries” for pre-approvals, but when the client “fully” applies for a loan, a “hard pull” or “hard inquiry” will affect the client’s credit. This consent remains valid for the duration of the contractual relationship.

REIMBURSEMENT OF EXPENSES Our Company will be reimbursed from time to time for reasonable and necessary expenses incurred by Our Company in connection with providing our services, and the client authorizes our company to charge the client’s preferred payment method on file, or by invoicing the client, which would be due in full immediately.

Consent to Communication You expressly agree that we may from time to time make telephone calls, send mail, send emails, and text messages to you with or without automated technology in order for us to: service your Eligible Accounts, collect any amount you may owe, or discuss our relationship, products, and services with you. The ways we may call you include using pre recorded/artificial voice messages and/or through the use of an automatic dialing device. We may call you and send email or text messages to you at any telephone number or email address you have provided to us, including mobile/cellular telephone numbers. Emails and text messages sent to others pursuant to your instructions and on your behalf may identify you by name and may state that we are sending them on your behalf and according to your instructions. In the event you ever withdraw this consent, and notwithstanding that withdrawal, you expressly authorize us to use any of the methods described above to send you messages confirming your instructions sent to us, including a confirmation from us in the event you withdraw your consent. You give us permission to contact you even if you’re on a state or national do not call lists. Privacy Policy Your privacy is important to Our Company and we have developed a Privacy Policy that covers how it collects, uses, discloses, transfers and stores your information. Please visit https://dfysalescalls.com before signing this agreement for full details about our Privacy Policy. By signing this agreement, you consent to our privacy policy. 

NON DISCLOSURE AGREEMENT FOR Our Company Confidential information (the “Confidential Information”) refers to any data or information relating to the business of Our Company or which would be considered to be proprietary to Our Company including, but not limited to, accounting records, business processes, sales processes, offers, copywriting, and any other records Our Company deems confidential. The client agrees that they will not record, disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the client has obtained, except with written authorization by Our Company. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement. All written and oral information and material disclosed or provided by Our Company to the client under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the client. If the client breaches this non disclosure agreement, they will be liable and subject to breach of contract.    

OWNERSHIP OF INTELLECTUAL PROPERTY All intellectual property and related material (the “Intellectual Property”) that is developed or produced under this Agreement, will be the property of Our Company. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with Our Company. All materials presented to the client are proprietary to and the property of Our Company. All applicable rights in all copyrights, trademarks, trade secrets, trade names, patents, and other intellectual property rights in or associated with our services are and will remain in Our Company, and the client shall have no such intellectual property rights with our services. The Client may not record, use, sell, demonstrate, or reproduce any material, for any reason. If the client does so, it is a breach of this contract and will be subjected to legal actions in various capacities described in this agreement.  Our company will not share any email marketing copy we use to generate sales opportunities for the client under any circumstances as it is our company’s intellectual property.

USE RESTRICTION Access to and use of our services and its materials is limited solely to the individual who signed this contract. Sharing or distributing access to our materials or services to other parties is prohibited.

FORCE MAJEURE Our Company will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our control. 

TECHNICAL NATURE NOTICE Our services may encompass technical concepts and elements. Although we have endeavored to simplify these topics, you should approach our services with an open mind and a readiness to engage with technical content. It is possible that certain technical aspects may require further study or assistance for a comprehensive understanding and effective implementation. By signing this agreement, you acknowledge that you have been notified of the technical nature of our services. The client hereby acknowledges, understands, and agrees to this disclaimer & indemnifies “holds harmless” Our Company under the indemnification policy herein this agreement.

Time Commitment Notice Using our products or services necessitates a time commitment to effectively learn and implement the products or services and information acquired. Time commitment varies from client to client. Time commitment may span what the client would consider minimal to exorbitant. It is your responsibility to manage your time appropriately and organize your schedule to accommodate learning and applying the information or our products and services. Our company cannot control your time management skills or availability due to your personal or professional commitments. By signing this agreement, you acknowledge that you have been notified of the potential time commitment, and have sufficient time available for using our services. 

 

Educational Disclaimer Our services or customer support is educational in nature and is not intended to convey legal, mental health, medical, accounting, tax, sales, marketing, appraisal, business, professional, personal, or investment advice which is expressly disclaimed. All situations vary and the support, education, or services given and implemented has to be tailored to each particular case. Be sure you evaluate all life, professional, and medical information and advice with your lawyers, doctors, and advisors based on the facts that apply to you. The Client accepts full responsibility for any decisions, choices, or actions taken before, during, or after our services. Our company shall not be held liable for the consequences of the Client’s decisions or actions, or lack thereof, and our company makes no promises, warranties, assurances, or guarantees of results. Our services can involve any aspect of the client’s life, including mental, emotional, physical, relational, and financial. The client retains full responsibility for all of these, and their own wellbeing, and the client is solely responsible for any actions or decisions or lack thereof they take as a result of our services or our company. The client recognises that our services and our company cannot ‘cure’ anything, mental, physical, or financial, and our company is not a replacement or substitute for therapy, medical help, or financial help from professionals specializing in those areas.The Client affirms that they are in good physical, mental, and financial health to engage in our services. In the event of any mental, physical, or financial concerns, the client agrees to contact the relevant professionals to help them, as our company doesn’t deal in these matters. The client hereby acknowledges, understands, and agrees to this disclaimer & indemnifies “holds harmless” Our Company under the indemnification policy herein this agreement.

Provocative Language & Ideas Disclaimer “Truth is often best revealed when inhibitions about language are temporarily put aside”. Our Company therefore may present controversial issues punctuated with expressive, rough, and often distasteful words and remarks. All have a wide basis in literature and/or contemporary usage. All are intended to stimulate an uninhibited interchange of ideas. But Our Company unequivocally rejects hatred or judgment against any person or group. Nothing said, shown or implied is intended to be threatening, insulting or abusive, or to stir up hatred against any person or group. The language or communication of Our Company is expressly disclaimed. The client hereby acknowledges, understands, and agrees to this disclaimer & indemnifies “holds harmless” Our Company of all language used under the indemnification policy herein this agreement. 

Implementation Costs Disclaimer The client understands they will need to pay third party email services providers a minimum of $25-$100+ monthly so our company can fulfill its services. Additionally our company clarifies that our services may entail additional expenses apart from the fees charged in this agreement. The client acknowledges and accepts their responsibility to cover these potential expenses for implementing certain aspects of our services. Any fees related to the client’s implementation of our services will not be paid to our company or by our company. The costs can vary greatly, ranging from what the client may consider minimal or exorbitant.There are no fixed norms, and costs may vary depending on individual clients and third-party involvement. The client agrees to be solely responsible for any costs incurred while implementing our services. Our company holds no liability for interactions with third parties, and the client agrees to indemnify us for any issues arising from such interactions with third parties. Additionally, we are not responsible for the quality, reliability, payments, or accuracy of third-party services/products used in connection with our services. If the client encounters disputes with third parties related to our services, they agree to address those issues directly with the third parties. Our company will not be liable for any disputes or disruptions caused by third parties, and all payments to us remain due regardless of such situations. 

Affiliate Disclaimer Our company may earn affiliate commissions from third-party products or services recommended while using our products or services. However, our company shall not be liable for any outcomes or results from the use of these third-party products or services, and users and clients agree that any engagements with affiliates are at their own risk. Users and clients are encouraged to conduct their own research before engaging with affiliates. Any issues or disputes with third-party products or services should be addressed directly with the respective affiliate, and our company will not be involved in resolving such matters, for any reason. Our company will not provide any support to the client with their use of any third party products or services. By using our products and services and interacting with affiliates, users and clients acknowledge and accept this disclaimer, indemnifying our company from any related liabilities or claims under the indemnification policy herein this purchase agreement.

Recording and Storage of Communications Disclaimer Please be advised that all phone calls, Zoom calls, email conversations, support tickets, work/services completed or partially completed, training modules completion, website visits, your IP address, and any other related interactions with our company may be recorded and stored for our records, which are the exclusive property of our company. The purpose of these recordings is to maintain accurate records for internal use, including quality assurance, training, dispute resolution, collections efforts, legal obligations, or to protect our interests and rights under this agreement. Our company does not consent to having any interactions or communications with our company recorded or stored by you without explicit notification from you, and evidenced in writing of our company’s acceptance by  who we deem a qualified member of our company. By signing this agreement you hereby agree to this recording and storage of communications disclaimer and indemnify and “hold harmless” our company under the indemnification policy under this agreement.

CAPACITY/INDEPENDENT CONTRACTOR In providing our services under this Agreement it is expressly agreed that Our Company is acting as an independent contractor and not as an employee. Our Company and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for our services. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers’ compensation, insurance premium, profit-sharing, pension or any other employee benefit for Our Company during the Term.   

RIGHT OF SUBSTITUTION Except as otherwise provided in this Agreement, Our Company may, at Our Company’s absolute discretion, engage a third party subcontractor to perform some or all of the obligations of Our Company under this Agreement. In the event that Our Company hires a subcontractor: For the purposes of the indemnification clause of this Agreement, the sub-contractor is an agent of Our Company. 

Harassment Policy Harassment is strictly prohibited at Our Company, as we firmly believe in the inherent right of our company to be treated with dignity and respect. We are dedicated to creating a working environment that upholds the dignity and well-being of our company, recognizing our fundamental entitlement to a harassment-free workplace. Harassment encompasses various unwelcome behaviors that an individual knows or should know are unwelcome. These behaviors include, but are not limited to: unwanted comments, sending unsolicited mail, cyberstalking, unsolicited contact, interference, conduct, suggestions, phone calls, emails, text messages, various forms of intimidation and aggressive behavior, non-compliance with our company policies, persistently asking the same question without accepting the answer, verbal and emotional abuse, withholding essential information necessary for performing duties, attempts to undermine individuals at our company through criticism, intimidation, hostile verbal and non-verbal communication, interfering actions, making frivolous claims lacking legal merit, threats of non-payment or non-compliance with our agreement, sending offensive letters, making derogatory jokes, engaging in name-calling, or displaying demeaning material such as posters, cartoons, photographs, or memes. Sexual harassment, another form of prohibited behavior, includes unwelcome sexual comments or conduct that intimidates, demeans, or offends an individual. This encompasses, but is not limited to: unwelcome sexual innuendo, advances, inappropriate physical contact, requests for sexual favors, display of exploitative material, leering, unwelcome questions or comments about a person’s sexual life, and comments on a person’s sexual attractiveness or unattractiveness. Any alleged incidents of harassment or sexual harassment will be addressed in accordance with the local laws of our company, as they may also constitute criminal offenses and a breach of this agreement. We reserve the right to immediately eject any client found engaging in harassment, and in such cases, full payment for any amounts due under this agreement will become immediately payable, additionally we will not be required to fulfill any of our services. 

Non-Disparagement The client covenants and agrees that the client shall not engage in any pattern of conduct that involves the making or publishing of written or oral statements or remarks (including, without limitation, the repetition or distribution of derogatory rumors, allegations, negative reports or comments) which are disparaging, deleterious or damaging to the integrity, reputation or goodwill of Our Company, its management, or of management of corporations affiliated with the Company, affiliates and their respective affiliates, directors, officers, agents, partners, stockholders or employees, either publicly or privately, or anyone else associated with Our Company. Any disparagement by the client will be a breach of this contract and will be subject to the legal conditions herein this agreement. Our Company has the right to eject the client at any time for disparagement, which will make payment in full due immediately for any amounts payable under this agreement.

AUTONOMY Our Company will have full control over working time, methods, and decision making in relation to all of our services herein this Agreement. Our Company will work autonomously and not at the direction of the Client. Additionally, we will use our own email copywriting to fulfill the client’s sales opportunities, and the client will not have the ability to amend it, or view it, as discussed in our “intellectual property” terms herein.

NO EXCLUSIVITY The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the services.

NOTICE All notices, or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to Our Company at the following email address: support@dfysalescalls.com. Please note that any mailing address you see on our website or in our emails or SMS messages is a virtual address used for marketing purposes only. We kindly ask that you do not attempt to make appointments, drop-ins, or in-person visits to this address, as it is not a location where we conduct business. All notices, deliveries requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the client at their email address, billing address, or office address,….etc and will be deemed to be properly delivered (a) immediately if being served personally by phone or in person, (b) after being deposited with the postal courier if served by certified mail, (c) when Our Company presses send to electronically relay any sms or email to the client’s email address. Our Company is not responsible for sending any communications to the wrong phone number, email, address; and it is the customers responsibility to provide accurate contact information. 

Marketing Purposes Customer agrees to allow Our Company to use the client’s results from our services being provided in this agreement for marketing purposes. This may include, but not limited to; video and text webinars, posts on Our Company’s website, blog posts, social media posts, case studies, event and exhibition marketing collateral, internal communication documents and sales collateral. You understand all communication may be recorded and may be used for promotional purposes. You authorize us to use your voice, materials, name, photos, screenshots, business logo, results or likeness in future promotional marketing. However if we deem the information too “personal” you allow us to change personal identifying details.

INDEMNIFICATION To the fullest extent permitted by law, the client agrees to protect, indemnify, and hold harmless Our Company, and its respective directors, parent companies, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, attorney fees, court costs, collections processes, collection costs, criminal charges, punitive damages, litigation, expenses, legal fees and costs of any kind or any amount whatsoever, or damages of any kind or amount whatsoever which result from or arise out of any act or omission of Our Company, its respective directors, shareholders, affiliates, officers, agents, employees, parent companies, and permitted successors and assigns. The customer also agrees that they shall neither file nor instigate any suit, claim, for any reason against Our Company, it’s respective directors, parent companies, shareholders, affiliates, officers, agents, employees, and permitted successors with any federal, state, or local court or administrative agency, body, or tribunal. The Client shall indemnify and hold our company harmless from any claims, damages, liabilities, and expenses arising out of or related to violations of the Telephone Consumer Protection Act (TCPA), Protected Health Information (PHI), Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM), General Data Protection Regulation (GDPR), or any other applicable privacy, data protection, or marketing laws. This indemnification policy constitutes the entire agreement between Our Company and the client and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this indemnification policy. This indemnification policy shall be governed by and construed in accordance with the laws of Wyoming, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction. This indemnification will survive the termination of this Agreement. In addition, the Client agrees that they and all of their successors, including but not limited to heirs, executors, lawyers, family, friends, administrators, and assigns, shall hold our company harmless from any claims, damages, or liabilities of any kind whatsoever for any reason, even injury or death.

Limitation of Liabilities Except where otherwise inapplicable or prohibited by law, in no event shall our company or any of its officers, directors, shareholders, employees, independent contractors, telecommunications providers, and/or agents be liable for any indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs or claims arising from or related to this agreement, the privacy policy, the services or products, your or a third party’s use or attempted use of the website or any software, service, or product, regardless of whether our company has had notice of the possibility of such damages, fees, costs, or claims. This includes, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or products, or any other indirect, special, incidental, punitive, consequential, or other damages. This applies regardless of the manner in which damages are allegedly caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), warranty, or otherwise. In no event shall our company’s liability to you or your business exceed the amounts paid by you to our company for the month preceding the date in which the facts giving rise to a claim against our company occurred or six hundred dollars ($600), whichever is lower.

MODIFICATION OF AGREEMENT Any modifications or amendments to our agreements by the client can only be made through a signed addendum that is confirmed in writing by an authorized representative of Our Company. Any attempt by the client to modify or amend the agreement without our signed consent shall be considered null and void. Neither written nor oral communication from Our Company alone can authorize the client to make any modifications to this purchase agreement. It is necessary for the client to have a signed addendum, confirmed by an authorized representative of Our Company, to validate and enforce any changes or modifications to this purchase agreement the client wishes to make. Our Company is dedicated to maintaining the quality, consistency, and value of our services. In our pursuit of providing the best experience and outcomes for our clients, we have the sole right to make alterations to our services. These changes may occur at any time and for any reason without providing written notice or requiring prior acceptance from the client. Modifications to our services may affect various aspects, including training materials, guest speakers, third party providers, support, and other variables, with the aim of enhancing our services overall effectiveness and satisfaction. Furthermore, it is important to note that our company reserves the right to vary any of the terms specified within this purchase agreement at any time. These changes may occur at any time and for any reason without providing written notice or requiring prior acceptance from the client. While we may not provide written notice directly to you regarding these changes, we are committed to transparency and will make updates to our terms and conditions publicly available. These updates will be posted on our website at www.dfysalescalls.com or other “subdomains” or “pages” of the same url. It is the client’s responsibility to routinely check in with all terms and conditions publicly stated on our website, and make sure they are in full compliance with all of our current terms and conditions. By signing below, the client acknowledges and irrevocably agrees to our modification policy stated herein. Furthermore, the client acknowledges that any future modifications or changes to our terms and conditions made by Our Company, whether within this purchase agreement or related to our services, are legally binding, and the client irrevocably agrees to any and all changes our company makes.

TIME OF THE ESSENCE Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

Contractual Waiver of Rescission Policy. Please Read This Carefully To Understand Your Rights. By signing this agreement, the client voluntarily agrees to irrevocably and unconditionally waive any right they may have had to rescind or cancel this contract or any of its terms and conditions, for any reason whatsoever. This waiver is binding and will remain in effect even after the agreement is terminated or expires. You confirm that you have not been misled or coerced into signing this agreement and that your decision to do so is voluntary and you were not under any duress. Furthermore, by signing, you willingly waive any future claims pertaining to being misled, coerced, or under duress during the signing process. Additionally, by signing, you voluntarily and irrevocably agree that our services have not been misrepresented to you in any way by our company or in this purchase agreement, and you waive any future rights to claim any misrepresentation for any reason. You confirm that you had a clear understanding of all necessary information prior to making your purchase or signing decision, and you acknowledge that our company or this purchase agreement did not misrepresent any details or facts. Please see the “entire agreement” section for more details about this purchase agreement. To protect our company, if the client requests Rescission, the client agrees that payment in full under this agreement will be due in full and payable to our company immediately, regardless of any payments plans herein, and refusal to pay any amounts will be promptly turned over to collections and litigation, which the client agrees to pay all additional costs.

ENUREMENT This Agreement will ensure to the benefit of and be binding on the Parties.

TITLES/HEADINGS Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

Assignment Waiver RTA Ventures LLC reserves the right to assign or transfer its obligations under this Agreement to a third party without the prior written consent of the Client. RTA Ventures LLC may freely assign or transfer its rights and obligations under this Agreement to any third party without the Client’s consent. The Client shall not have the right to assign, transfer, or delegate any of its rights or obligations under this Agreement, for any reason. Any attempted assignment or transfer by the Client shall be null and void. This assignment waiver will survive the termination of this agreement. 

GENDER Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. We are not responsible for “miss-gendering” or “miss-identifying”. However, if you wish to be called by something specific, you can let us know and we will do our best to remember to use it.

GOVERNING LAW And Venue This Agreement shall be governed by and construed in accordance with the laws of Wyoming, where RTA Ventures LLC resides. In the event of any litigation arising from this Agreement, such litigation shall take place exclusively in Wyoming. The parties agree any such litigation shall be exclusively brought in and decided by the state or federal courts located in Wyoming, and you or your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. 

Class Action Waiver By signing this Purchase Agreement, you and or your business hereby acknowledge and expressly agree that any consumer or business claims, disputes, or controversies arising from you or relating to this agreement, including its negotiation, formation, performance, interpretation, or breach, shall be resolved solely on an individual basis. You willingly and knowingly waive your right to participate in any class action, collective action, private attorney general action, mediation, arbitration, or any other joint proceeding with respect to such claims, disputes, or controversies. You understand and agree that all such litigation, mediation, or arbitration must be brought on an individual and non-class, nonrepresentative basis, and you or your business forever waive any right to bring such litigation on a class-wide or representative basis or have claims or disputes heard or resolved on a class-wide basis. If the client is permitted by a court of law to proceed with a class or representative action against our company, the client agrees that: (i) they shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action ; and (ii) the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action ; and (iii) you and any other party to a claim, dispute, or controversy shall not consolidate any claims or controversies with the claims or controversies of any other individuals or entities in any arbitration, litigation, or other proceeding. By signing below, you acknowledge that you have read, understood, and agreed to the terms and conditions set forth in this Agreement, including the provisions regarding the resolution of claims on an individual basis and the waiver of class action rights. You further affirm that you have had the opportunity to seek independent legal advice before signing this agreement. If you have any objections or disagreements with any of the terms and conditions stated in this class action waiver, please refrain from signing this purchase agreement. 

Dispute Resolution By Mandatory Binding Arbitration, & Additional Class Action Waivers Please read this arbitration provision carefully to understand your’ rights. Except where prohibited by law, you agree that any claim that you may have in the future must be resolved through final and binding confidential arbitration. You acknowledge and agree that you are waiving the right to a trial by jury. The rights that you would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist. You agree that you may only bring a claim in an individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding. You further agree that the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these terms as a court would. If you have a complaint, dispute, or controversy, you agree to first contact us at support@dfysalescalls.com to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of our website, any product, service, or software, these Terms, this agreement the Privacy Policy, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof.  The arbitration will be conducted by a single neutral arbitrator in the English language in Wyoming, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration.  The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Policy, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. Arbitration must be based on the terms and conditions inside this purchase agreement. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable and can be enforced. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules.  In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. The arbitrator shall follow the substantive law of the State of Idaho without regard to its conflicts of laws principles.  Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.  Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and our company agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party.  You and our company expressly waive any right to pursue any class or other representative action against each other. Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120-day informal resolution procedures described above). This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. This provision survives termination of your account, this agreement, or relationship with our company, bankruptcy, assignment, or transfer.  If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply.  If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect. You understand that you or your business would have had a right to litigate through a court, to have a judge or jury decide your case, and to be party to a class or representative action. However, you understand and agree to have any claims decided individually and only through binding, final, and confidential arbitration in accordance with this arbitration provision.

Small Claims Matters are Excluded. Notwithstanding the foregoing arbitration provisions, either party may bring any claim they have against one another in a small claims court within wyoming, provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding. The parties agree there will be No Class Relief or Joinder of Claims in a small claims court.

RTA Ventures LLC Additional Remedies In order to prevent or limit irreparable injury to our company, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of our company or a third-party, our company shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Wyoming restraining such breach, threatened breach, infringement, or threatened infringement without delay. Nothing in this Agreement shall be construed as prohibiting our company from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including collections efforts and or the recovery of monetary damages from you and your business without delay. You or your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Wyoming for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

SEVERABILITY In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

WAIVER The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions. This purchase agreement is the entire agreement between you and our company, and we will enforce our rights herein.

Independent Legal Advice Affirmation By signing this agreement, using our products and services, interacting with our website, or signifying your acceptance during online checkout, you affirm that you have had the opportunity to seek independent legal advice before entering into this contract. You acknowledge that you have been provided with sufficient time and opportunity to consult with a qualified legal professional of your choosing to review and advise you on the terms and implications of this agreement. Your signature indicates your understanding that you have freely and knowingly chosen to proceed with this contract after receiving such independent legal advice or, if you chose not to seek independent legal advice, you have been given the chance to seek independent legal advice but have chosen not to do so, and you are voluntarily proceeding with the agreement without such advice you waive your right to do so, or make any future claims.

Construction Of Agreement The parties agree that this agreement shall not be construed against any party by reason of the drafting or preparation of this document. It is acknowledged that all parties have had the opportunity to review and negotiate the terms of this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to this agreement. The language used in this agreement shall be deemed to be the language chosen by the parties to express their mutual intent, and no presumption or burden of proof shall arise merely because this agreement may have been drafted by one party or its representatives. The parties hereby waive any future “contra proferentem” claims.

Authority To Accept The person signifying their acceptance during online checkout, or the person using our products and services, or the person interacting with our website, promises to Our Company that they have the authority to enter into this agreement with Our Company and will perform all of the obligations under this agreement. You warrant you are over the age of 18 and a U.S.A. citizen. 

By using our products and services, interacting with our website, or signifying your acceptance during online checkout, you acknowledge that you have thoroughly read, comprehended, and willingly consent to all the terms and conditions outlined in this legally binding contract. You affirm that you have been given ample opportunity and adequate time to review the agreement in its entirety. You further confirm that, except for the representations expressly stated within this agreement, you have not relied upon any statements or assurances made by Our Company or any of its representatives. You affirm that our services have been accurately and truthfully presented to you herein this purchase agreement, without any misrepresentations. You certify that your decision to sign this agreement has not been influenced or coerced in any way, and you have not been subject to any form of duress during the signing process. By signing this agreement, you waive any future claims regarding coercion, miss-representation, or duress. You fully understand and agree that constitutes a legally binding contract between you and Our Company. Your signature below indicates your voluntary and complete acceptance, as well as your irrevocable and unconditional agreement to be bound by all the terms and conditions specified herein. If you have any objections or disagreements with any of the terms and conditions stated in this agreement, please refrain from signing it. By signing, using our products and services, interacting with our website or company, and or signifying your acceptance online, you understand and irrevocably agree that your signature will be the electronic representation of your signature for this legally binding agreement – just the same as a pen-and-paper signature. Your electronic signature is legally binding and enforceable in the same manner as a handwritten signature.

Last Updated On March 12 2024