PROGRAM AGREEMENT
SalesX Training Technologies, LLC
Please read this Agreement carefully before purchasing, accessing, or using any of the program services, materials, coaching, or other educational products or services (collectively, the "Services") offered or operated by SalesX Training Technologies, LLC, a Florida limited liability company located at 4301 NW 35th Ave, Miami, FL 33142 (the "Company," "we," "us," or "our"). We reserve the right to amend or change this Agreement from time to time.
By purchasing, accessing, or using any of our Services, you ("you," "your," or "Client") agree to the terms as they appear here and as they may be amended by us from time to time (this "Agreement"), and are legally bound by them. You acknowledge that you have read, understood, and agree to this Agreement. If at any time you do not agree with this Agreement, please do not use our Services. The Company grants use of and access to its Services only to those who have accepted this Agreement.
1. ELIGIBILITY
All Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to any Services by anyone under age 18 is unauthorized and in violation of this Agreement. By accessing our Services, you represent and warrant that you are at least 18 years old.
2. DEFINITIONS
The following terms have the meanings set forth below throughout this Agreement:
- "Business Day" means Monday through Friday, excluding federal holidays recognized by the United States government.
- "Contact" means a live, two-way conversation with a prospective seller or homeowner by phone, in person, or by video, in which a listing opportunity is discussed. Voicemails, text messages, emails, and social media messages sent without a live response do not qualify as a Contact.
- "Listing" means a signed listing agreement between you and a property seller that results in a property being actively listed for sale on the MLS.
- "Program" means the Listing Agent Breakthrough coaching program offered by the Company.
- "360-Lesson Training System" means the Company's training system of three hundred sixty (360) lessons made available to Clients through the Program.
- "Tracker" means the Program's designated tracking system used to log Contacts, activities, and results.
3. PROGRAM TERM
Your enrollment in the Program is for a period of twelve (12) months beginning on the date your initial payment is processed (the "Start Date"). There is no automatic renewal. At the end of your twelve-month term, your access to the Program will expire unless extended under the performance guarantee described in Section 7.
4. PAYMENT AUTHORIZATION
As a condition of enrollment, you must provide a valid credit card, debit card, or other payment account, which the Company will keep on file for the duration of your enrollment. By providing it, you certify that you are the authorized user of that card or account.
You authorize the Company to automatically charge your payment account for the Program fees and any scheduled installment payments as they become due under Section 5, without the need for separate authorization for each charge.
If you believe a charge is incorrect, you agree to contact the Company first at [email protected] and to allow the Company a reasonable opportunity (at least ten (10) Business Days) to review and resolve the matter before initiating a chargeback or payment dispute. Nothing in this Agreement waives any right you may have under the Fair Credit Billing Act or other applicable law to dispute a charge with your card issuer. However, if you initiate a chargeback or payment reversal on a charge that was validly incurred under this Agreement and the dispute is later resolved in the Company's favor, you agree to reimburse the Company for that amount together with any chargeback or bank fees the Company incurs.
All fees are payable in U.S. dollars. Except as expressly provided in Section 6 (Refunds and Right to Cancel), all payments are nonrefundable.
5. PROGRAM PRICING AND PAYMENT
5.1 Payment Options. You authorize the Company to charge your payment account for your Program enrollment under one of the following options:
(a) Pay in Full. The total price for the twelve (12) month Program is Three Thousand Six Hundred Dollars ($3,900.00 USD) (the "Standard Price"), payable in one (1) payment of $3,900.00 at the time of enrollment.
(b) Payment Plan. Four (4) monthly payments of One Thousand Dollars ($1,100.00 USD) each, for a total of Four Thousand Dollars ($4,400.00 USD). The first payment is due at the time of enrollment, and the remaining three (3) payments are billed automatically on the same day of each of the next three (3) months.
5.2 Responsibility for Payment. You are responsible for the full payment of all fees regardless of whether you attend or complete all lessons, coaching sessions, or other materials available through the Program. If you select the payment plan, all installment payments are due on their scheduled dates regardless of your continued participation.
5.3 Payment Default. Access to the Program is contingent upon successful payment processing. If any scheduled installment payment is declined, rejected, or cannot be successfully processed on the scheduled billing date, the Company reserves the right to immediately and without prior notice: (a) suspend your access to all Program services, materials, and community platforms; (b) declare the entire remaining contract balance immediately due and payable; and (c) refer the unpaid balance to a third-party collections agency or legal counsel. You agree to pay all reasonable costs of collection, including internal administration fees, reasonable attorneys' fees, and collection agency commissions, as further detailed in Section 19. Access will only be restored once the entire outstanding balance is paid in full.
If a chargeback or payment reversal is filed and later determined to be unwarranted, you agree to pay all chargeback fees and related costs incurred by the Company in addition to the original amount owed.
6. REFUNDS AND RIGHT TO CANCEL
6.1 Nonrefundable. Except as required by applicable law or as expressly stated in this Section 6, all amounts paid under this Agreement are nonrefundable, whether or not you attend, complete, or use any portion of the Program. You acknowledge that this no-refund policy was disclosed to you before your purchase and that you had the opportunity to review it before enrolling.
6.2 Three-Day Right to Cancel (in-person and event sales). If you enroll in the Program in person at a location that is not the Company's permanent place of business, including at a seminar, workshop, hotel, conference, fairgrounds, restaurant, or similar temporary location, or at your home or workplace, you may cancel this Agreement for a full refund until midnight of the third (3rd) Business Day after the date you sign or electronically accept it, consistent with the Federal Trade Commission's Cooling-Off Rule (16 C.F.R. Part 429). To cancel, sign and date the Notice of Cancellation provided to you at the time of sale, or send a dated written notice stating that you wish to cancel to the Company at [email protected] or by mail to SalesX Training Technologies, LLC, 4301 NW 35th Ave, Miami, FL 33142, no later than midnight of the third Business Day. This right does not apply to purchases made online, by mail, or by telephone, or at the Company's permanent place of business.
6.3 72-Hour Cancellation. In addition to any right you may have under Section 6.2, you may cancel this Agreement within seventy-two (72) hours after your purchase by sending written notice to the Company at [email protected]. If you cancel within this period, the Company will refund the amount you paid, less a nonrefundable administrative fee equal to ten percent (10%) of the total contract price, which covers payment-processing and administrative costs. This administrative fee is retained by the Company as a credit that you may apply toward enrollment in the Program at any time within twelve (12) months after your cancellation. Any such enrollment will be at the Program price in effect at the time you re-enroll, and the credit will be applied toward that price. This credit has no cash value, is non-transferable, and expires if not used within that twelve-month period. After seventy-two (72) hours, the no-refund policy in Section 6.1 applies. This Section does not reduce the full-refund cooling-off right under Section 6.2 for eligible in-person sales.
6.4 No Other Refunds. Except for a timely cancellation under Section 6.2 or 6.3, or a refund required by applicable law, no refunds will be issued.
7. PERFORMANCE GUARANTEE
7.1 The Guarantee. If, during your initial twelve-month term, you do not obtain at least twenty-four (24) Listings, the Company will provide you with access to the 360-Lesson Training System for an additional twelve (12) months at no additional charge, provided you satisfied all of the conditions in Section 7.2 during your initial term. This additional year of access to the 360-Lesson Training System is the sole and exclusive remedy under this guarantee. The guarantee does not entitle you to any refund and is not a guarantee of income, results, or any specific number of Listings.
7.2 Conditions. To qualify for the extension, you must have, during your initial twelve-month term:
(a) Daily Outbound Contact activity: Make a minimum of ten (10) business contacts per business day. You must meet or exceed this daily minimum on at least ninety percent (90%) of the total business days during your initial term.
(b) Community Engagement: Respond to the "Daily Accountability" messages within the community at least ninety percent (90%) of the time.
(c) Coaching call attendance: Attend at least ninety percent (90%) of the weekly live coaching calls according to the schedule stated on the training Platform.
(d) Tracking. Log your contacts, activities, and results in the Tracker, with each Business Day's activity entered no later than the end of the following Business Day. An isolated late or missed entry will not, by itself, disqualify you so long as your logged activity shows that you met the requirement in Section 7.2(a); you may cure an omitted entry within five (5) Business Days of the applicable date.
(e) Good standing. Kept your account fully paid and in good standing, with no uncured payment default under Section 5.
(f) Compliance. Materially complied with this Agreement, including the compliance obligations in Section 8.
7.3 Determination. Whether you satisfied the conditions in Section 7.2 will be determined from the data recorded in the Tracker and your account records. The Company will make this determination reasonably and in good faith. If you meet the conditions and do not reach twenty-four (24) Listings during your initial term, the twelve-month extension will apply.
8. CLIENT TELEMARKETING AND COMMUNICATIONS COMPLIANCE
You acknowledge that the Program involves prospecting activities, including telephone outreach to potential sellers, and that these activities are regulated by federal and state law. You are solely responsible for conducting all outreach in compliance with applicable law, and you agree to the following:
(a) Do-Not-Call. Before making telephone solicitations, you will register for access to the National Do Not Call Registry (obtaining a Subscription Account Number where required), scrub your calling lists against the Registry, and re-scrub at least every thirty-one (31) days. You acknowledge that there is no exception permitting calls to owners of "for sale by owner" or expired-listing properties whose numbers appear on the Registry, and that permissible contacts are generally limited to persons for whom you have an established business relationship, prior express written consent, a qualifying inquiry within the applicable period, or another recognized exception.
(b) Internal do-not-call list. You will maintain your own internal do-not-call list, honor any request to stop contact immediately, and not contact any person who has asked not to be called or messaged.
(c) Calling restrictions. You will place calls only between 8:00 a.m. and 9:00 p.m. in the called party's local time, identify yourself as required, and comply with the Telephone Consumer Protection Act (TCPA), including restrictions on the use of automatic telephone dialing systems, prerecorded messages, and text messages to wireless numbers without the required consent.
(d) State law. You will comply with all applicable state telemarketing laws, including, where applicable, the Florida Telephone Solicitation Act.
(e) Your responsibility. The Company may provide training, scripts, and general guidance to support compliance, but the Company does not provide legal advice, and you, not the Company, are responsible for your own compliance. You will indemnify and hold the Company harmless from any claim arising out of your telephone, text, email, or other outreach, as provided in Section 15.
9. RECORDING RIGHTS AND RELEASE
You authorize, release, and grant permission to the Company and its agents and representatives to record, use, publish, and broadcast your name, voice, likeness, and statements made by you during any recorded live training sessions conducted through the Program (collectively, "Recorded Live Training").
You agree that the Company may use all or any part of the Recorded Live Training for any purpose it deems appropriate, including marketing, promotional, and educational purposes, and may edit it at its discretion. The Company shall have all right, title, interest, and ownership in the Recorded Live Training and any proceeds from its use. These rights are perpetual, worldwide, and inure to the benefit of the Company's successors and assigns.
You waive the right to inspect or approve any use of the Recorded Live Training and release the Company, its members, officers, agents, employees, and representatives from any claims arising from its use. You acknowledge that the Company is not obligated to make any use of the Recorded Live Training.
10. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
All materials, content, curriculum, frameworks, scripts, templates, and information provided to you through the Program are the Company's confidential and proprietary intellectual property, protected by copyright, trademark, and other laws. These materials belong solely to the Company and may be used by you only as authorized by the Company.
You may not modify, copy, reproduce, republish, upload, post, transmit, sell, create derivative works from, exploit, or distribute any Program materials. Any confidential and proprietary information, ideas, plans, or trade secrets ("Confidential Information") shared by the Company or by other members is confidential and belongs solely to the disclosing party. You agree not to disclose such information to any third party or to use it in any manner other than in discussion with other members during Program sessions. You agree to respect the privacy and intellectual property rights of all Program members and of the Company.
11. INDIVIDUAL USE ONLY
Your enrollment, access to lessons, and use of materials are for your individual use only. Sharing your login credentials is prohibited and constitutes copyright infringement. Doing so may result in immediate suspension of your access to the Program without refund.
12. NO GUARANTEE OF INCOME OR RESULTS
The Company does not guarantee any income, revenue, sales, or specific results from your participation in the Program. Any examples, testimonials, or figures presented are illustrative only, reflect the experiences of specific individuals, are not typical, and are not a promise of your results. Your results depend on many factors within your control, including your background, effort, skill, market conditions, and consistency. As with any business endeavor, there is a risk of loss, and there is no guarantee that you will earn any money or recover the cost of the Program. Any performance-related statement the Company makes is subject to the conditions of the guarantee in Section 7 and the disclaimers in this Agreement.
You acknowledge that you have represented to the Company that payment of your Program fees will not place a significant financial burden on you or your family. The Program instructors are not qualified to provide legal, tax, accounting, or financial advice, and nothing provided through the Program is intended as such advice. You should direct all legal, tax, accounting, and financial questions to appropriately qualified professionals.
13. DISCLAIMERS
THE INFORMATION, PRODUCTS, AND SERVICES OFFERED THROUGH THE PROGRAM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SALESX TRAINING TECHNOLOGIES, LLC OR ITS AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PROGRAM OR ITS MATERIALS, INCLUDING LOSS OF INCOME, LOSS OF BUSINESS OPPORTUNITY, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Company's total liability to you for all claims arising out of or related to this Agreement shall not exceed the total amount paid by you to the Company in the twelve (12) months preceding the claim. Your sole remedy for dissatisfaction with the Program is to discontinue your participation.
15. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless SalesX Training Technologies, LLC and its affiliates, officers, agents, employees, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to your participation in the Program, your telephone, text, email, or other outreach or prospecting activities, your breach of this Agreement, or your violation of any applicable law or regulation.
16. TERMINATION
The Company may suspend or terminate your access to the Program for a material breach of this Agreement. All disclaimers, intellectual-property protections, limitation-of-liability provisions, indemnification obligations, and confidentiality obligations survive termination. If you violate or threaten to violate any provision of this Agreement, the Company shall be entitled to seek injunctive relief in addition to any other remedy available at law or in equity.
17. FORCE MAJEURE
The Company shall not be liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control, including acts of God, natural disasters, pandemic, government actions, internet or platform outages, or power failures. In such an event, the Company's obligations shall be suspended for the duration of the event, and the Company will make commercially reasonable efforts to resume the Program as soon as practicable.
18. GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles. Regardless of where you reside or conduct business, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of Florida for any dispute not subject to arbitration.
Any dispute, claim, or controversy arising out of or related to this Agreement shall be resolved by binding arbitration administered in the State of Florida under the rules of the American Arbitration Association. You agree to waive the right to a trial by jury and the right to participate in any class action or class-wide arbitration. This Section does not limit either party's right to seek injunctive relief in court as provided in Section 16.
19. ATTORNEYS' FEES AND COSTS
In any action, arbitration, or proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party. This provision is intended to apply reciprocally to both parties, consistent with Section 57.105(7), Florida Statutes.
20. NOTICES
All formal notices under this Agreement shall be sent by email to the address each party provided at the time of enrollment and are deemed received on the date sent. It is your responsibility to keep your email address current with the Company.
21. SEVERABILITY
If any provision of this Agreement is deemed unlawful or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be so modified, and the remaining provisions shall remain in full force and effect.
22. ENTIRE AGREEMENT AND ACKNOWLEDGMENT
This Agreement constitutes the entire agreement between you and the Company regarding your participation in the Program and supersedes all prior agreements, representations, and understandings, whether written or oral. You acknowledge that you have read this Agreement, understand its contents, and intend it to be legally binding upon you and your heirs.
23. ELECTRONIC ACCEPTANCE
By clicking "I Agree" (or a substantially similar button or checkbox) at the time of enrollment, you acknowledge that you have read, understood, and agree to be bound by this Agreement. You agree that this action constitutes your electronic signature under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Florida Uniform Electronic Transaction Act, is legally binding, and has the same force and effect as a handwritten signature.
You consent to conduct this transaction electronically and to receive this Agreement, and any related notices and disclosures, in electronic form. At the time of your acceptance, the Company records the name and email address you provide, together with the date and time of acceptance, as evidence of your agreement to these terms.
PROGRAM AGREEMENT
SalesX Training Technologies, LLC
Please read this Agreement carefully before purchasing, accessing, or using any of the program services, materials, coaching, or other educational products or services (collectively, the "Services") offered or operated by SalesX Training Technologies, LLC, a Florida limited liability company located at 4301 NW 35th Ave, Miami, FL 33142 (the "Company," "we," "us," or "our"). We reserve the right to amend or change this Agreement from time to time.
By purchasing, accessing, or using any of our Services, you ("you," "your," or "Client") agree to the terms as they appear here and as they may be amended by us from time to time (this "Agreement"), and are legally bound by them. You acknowledge that you have read, understood, and agree to this Agreement. If at any time you do not agree with this Agreement, please do not use our Services. The Company grants use of and access to its Services only to those who have accepted this Agreement.
1. ELIGIBILITY
All Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to any Services by anyone under age 18 is unauthorized and in violation of this Agreement. By accessing our Services, you represent and warrant that you are at least 18 years old.
2. DEFINITIONS
The following terms have the meanings set forth below throughout this Agreement:
- "Business Day" means Monday through Friday, excluding federal holidays recognized by the United States government.
- "Contact" means a live, two-way conversation with a prospective seller or homeowner by phone, in person, or by video, in which a listing opportunity is discussed. Voicemails, text messages, emails, and social media messages sent without a live response do not qualify as a Contact.
- "Listing" means a signed listing agreement between you and a property seller that results in a property being actively listed for sale on the MLS.
- "Program" means the Listing Agent Breakthrough coaching program offered by the Company.
- "360-Lesson Training System" means the Company's training system of three hundred sixty (360) lessons made available to Clients through the Program.
- "Tracker" means the Program's designated tracking system used to log Contacts, activities, and results.
3. PROGRAM TERM
Your enrollment in the Program is for a period of twelve (12) months beginning on the date your initial payment is processed (the "Start Date"). There is no automatic renewal. At the end of your twelve-month term, your access to the Program will expire unless extended under the performance guarantee described in Section 7.
4. PAYMENT AUTHORIZATION
As a condition of enrollment, you must provide a valid credit card, debit card, or other payment account, which the Company will keep on file for the duration of your enrollment. By providing it, you certify that you are the authorized user of that card or account.
You authorize the Company to automatically charge your payment account for the Program fees and any scheduled installment payments as they become due under Section 5, without the need for separate authorization for each charge.
If you believe a charge is incorrect, you agree to contact the Company first at [email protected] and to allow the Company a reasonable opportunity (at least ten (10) Business Days) to review and resolve the matter before initiating a chargeback or payment dispute. Nothing in this Agreement waives any right you may have under the Fair Credit Billing Act or other applicable law to dispute a charge with your card issuer. However, if you initiate a chargeback or payment reversal on a charge that was validly incurred under this Agreement and the dispute is later resolved in the Company's favor, you agree to reimburse the Company for that amount together with any chargeback or bank fees the Company incurs.
All fees are payable in U.S. dollars. Except as expressly provided in Section 6 (Refunds and Right to Cancel), all payments are nonrefundable.
5. PROGRAM PRICING AND PAYMENT
5.1 Payment Options. You authorize the Company to charge your payment account for your Program enrollment under one of the following options:
(a) Pay in Full. The total price for the twelve (12) month Program is Three Thousand Six Hundred Dollars ($3,900.00 USD) (the "Standard Price"), payable in one (1) payment of $3,900.00 at the time of enrollment.
(b) Payment Plan. Four (4) monthly payments of One Thousand Dollars ($1,100.00 USD) each, for a total of Four Thousand Dollars ($4,400.00 USD). The first payment is due at the time of enrollment, and the remaining three (3) payments are billed automatically on the same day of each of the next three (3) months.
5.2 Responsibility for Payment. You are responsible for the full payment of all fees regardless of whether you attend or complete all lessons, coaching sessions, or other materials available through the Program. If you select the payment plan, all installment payments are due on their scheduled dates regardless of your continued participation.
5.3 Payment Default. Access to the Program is contingent upon successful payment processing. If any scheduled installment payment is declined, rejected, or cannot be successfully processed on the scheduled billing date, the Company reserves the right to immediately and without prior notice: (a) suspend your access to all Program services, materials, and community platforms; (b) declare the entire remaining contract balance immediately due and payable; and (c) refer the unpaid balance to a third-party collections agency or legal counsel. You agree to pay all reasonable costs of collection, including internal administration fees, reasonable attorneys' fees, and collection agency commissions, as further detailed in Section 19. Access will only be restored once the entire outstanding balance is paid in full.
If a chargeback or payment reversal is filed and later determined to be unwarranted, you agree to pay all chargeback fees and related costs incurred by the Company in addition to the original amount owed.
6. REFUNDS AND RIGHT TO CANCEL
6.1 Nonrefundable. Except as required by applicable law or as expressly stated in this Section 6, all amounts paid under this Agreement are nonrefundable, whether or not you attend, complete, or use any portion of the Program. You acknowledge that this no-refund policy was disclosed to you before your purchase and that you had the opportunity to review it before enrolling.
6.2 Three-Day Right to Cancel (in-person and event sales). If you enroll in the Program in person at a location that is not the Company's permanent place of business, including at a seminar, workshop, hotel, conference, fairgrounds, restaurant, or similar temporary location, or at your home or workplace, you may cancel this Agreement for a full refund until midnight of the third (3rd) Business Day after the date you sign or electronically accept it, consistent with the Federal Trade Commission's Cooling-Off Rule (16 C.F.R. Part 429). To cancel, sign and date the Notice of Cancellation provided to you at the time of sale, or send a dated written notice stating that you wish to cancel to the Company at [email protected] or by mail to SalesX Training Technologies, LLC, 4301 NW 35th Ave, Miami, FL 33142, no later than midnight of the third Business Day. This right does not apply to purchases made online, by mail, or by telephone, or at the Company's permanent place of business.
6.3 72-Hour Cancellation. In addition to any right you may have under Section 6.2, you may cancel this Agreement within seventy-two (72) hours after your purchase by sending written notice to the Company at [email protected]. If you cancel within this period, the Company will refund the amount you paid, less a nonrefundable administrative fee equal to ten percent (10%) of the total contract price, which covers payment-processing and administrative costs. This administrative fee is retained by the Company as a credit that you may apply toward enrollment in the Program at any time within twelve (12) months after your cancellation. Any such enrollment will be at the Program price in effect at the time you re-enroll, and the credit will be applied toward that price. This credit has no cash value, is non-transferable, and expires if not used within that twelve-month period. After seventy-two (72) hours, the no-refund policy in Section 6.1 applies. This Section does not reduce the full-refund cooling-off right under Section 6.2 for eligible in-person sales.
6.4 No Other Refunds. Except for a timely cancellation under Section 6.2 or 6.3, or a refund required by applicable law, no refunds will be issued.
7. PERFORMANCE GUARANTEE
7.1 The Guarantee. If, during your initial twelve-month term, you do not obtain at least twenty-four (24) Listings, the Company will provide you with access to the 360-Lesson Training System for an additional twelve (12) months at no additional charge, provided you satisfied all of the conditions in Section 7.2 during your initial term. This additional year of access to the 360-Lesson Training System is the sole and exclusive remedy under this guarantee. The guarantee does not entitle you to any refund and is not a guarantee of income, results, or any specific number of Listings.
7.2 Conditions. To qualify for the extension, you must have, during your initial twelve-month term:
(a) Contact activity. Made at least ten (10) Contacts per Business Day, meeting this daily minimum on at least ninety percent (90%) of Business Days during your initial term.
(b) Tracking. Logged your Contacts, activities, and results in the Tracker, with each Business Day's activity entered no later than the end of the following Business Day. An isolated late or missed entry will not, by itself, disqualify you so long as your logged activity shows that you met the requirement in Section 7.2(a); you may cure an omitted entry within five (5) Business Days of the applicable date.
(c) Good standing. Kept your account fully paid and in good standing, with no uncured payment default under Section 5.
(d) Compliance. Materially complied with this Agreement, including the compliance obligations in Section 8.
7.3 Determination. Whether you satisfied the conditions in Section 7.2 will be determined from the data recorded in the Tracker and your account records. The Company will make this determination reasonably and in good faith. If you meet the conditions and do not reach twenty-four (24) Listings during your initial term, the twelve-month extension will apply.
8. CLIENT TELEMARKETING AND COMMUNICATIONS COMPLIANCE
You acknowledge that the Program involves prospecting activities, including telephone outreach to potential sellers, and that these activities are regulated by federal and state law. You are solely responsible for conducting all outreach in compliance with applicable law, and you agree to the following:
(a) Do-Not-Call. Before making telephone solicitations, you will register for access to the National Do Not Call Registry (obtaining a Subscription Account Number where required), scrub your calling lists against the Registry, and re-scrub at least every thirty-one (31) days. You acknowledge that there is no exception permitting calls to owners of "for sale by owner" or expired-listing properties whose numbers appear on the Registry, and that permissible contacts are generally limited to persons for whom you have an established business relationship, prior express written consent, a qualifying inquiry within the applicable period, or another recognized exception.
(b) Internal do-not-call list. You will maintain your own internal do-not-call list, honor any request to stop contact immediately, and not contact any person who has asked not to be called or messaged.
(c) Calling restrictions. You will place calls only between 8:00 a.m. and 9:00 p.m. in the called party's local time, identify yourself as required, and comply with the Telephone Consumer Protection Act (TCPA), including restrictions on the use of automatic telephone dialing systems, prerecorded messages, and text messages to wireless numbers without the required consent.
(d) State law. You will comply with all applicable state telemarketing laws, including, where applicable, the Florida Telephone Solicitation Act.
(e) Your responsibility. The Company may provide training, scripts, and general guidance to support compliance, but the Company does not provide legal advice, and you, not the Company, are responsible for your own compliance. You will indemnify and hold the Company harmless from any claim arising out of your telephone, text, email, or other outreach, as provided in Section 15.
9. RECORDING RIGHTS AND RELEASE
You authorize, release, and grant permission to the Company and its agents and representatives to record, use, publish, and broadcast your name, voice, likeness, and statements made by you during any recorded live training sessions conducted through the Program (collectively, "Recorded Live Training").
You agree that the Company may use all or any part of the Recorded Live Training for any purpose it deems appropriate, including marketing, promotional, and educational purposes, and may edit it at its discretion. The Company shall have all right, title, interest, and ownership in the Recorded Live Training and any proceeds from its use. These rights are perpetual, worldwide, and inure to the benefit of the Company's successors and assigns.
You waive the right to inspect or approve any use of the Recorded Live Training and release the Company, its members, officers, agents, employees, and representatives from any claims arising from its use. You acknowledge that the Company is not obligated to make any use of the Recorded Live Training.
10. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
All materials, content, curriculum, frameworks, scripts, templates, and information provided to you through the Program are the Company's confidential and proprietary intellectual property, protected by copyright, trademark, and other laws. These materials belong solely to the Company and may be used by you only as authorized by the Company.
You may not modify, copy, reproduce, republish, upload, post, transmit, sell, create derivative works from, exploit, or distribute any Program materials. Any confidential and proprietary information, ideas, plans, or trade secrets ("Confidential Information") shared by the Company or by other members is confidential and belongs solely to the disclosing party. You agree not to disclose such information to any third party or to use it in any manner other than in discussion with other members during Program sessions. You agree to respect the privacy and intellectual property rights of all Program members and of the Company.
11. INDIVIDUAL USE ONLY
Your enrollment, access to lessons, and use of materials are for your individual use only. Sharing your login credentials is prohibited and constitutes copyright infringement. Doing so may result in immediate suspension of your access to the Program without refund.
12. NO GUARANTEE OF INCOME OR RESULTS
The Company does not guarantee any income, revenue, sales, or specific results from your participation in the Program. Any examples, testimonials, or figures presented are illustrative only, reflect the experiences of specific individuals, are not typical, and are not a promise of your results. Your results depend on many factors within your control, including your background, effort, skill, market conditions, and consistency. As with any business endeavor, there is a risk of loss, and there is no guarantee that you will earn any money or recover the cost of the Program. Any performance-related statement the Company makes is subject to the conditions of the guarantee in Section 7 and the disclaimers in this Agreement.
You acknowledge that you have represented to the Company that payment of your Program fees will not place a significant financial burden on you or your family. The Program instructors are not qualified to provide legal, tax, accounting, or financial advice, and nothing provided through the Program is intended as such advice. You should direct all legal, tax, accounting, and financial questions to appropriately qualified professionals.
13. DISCLAIMERS
THE INFORMATION, PRODUCTS, AND SERVICES OFFERED THROUGH THE PROGRAM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SALESX TRAINING TECHNOLOGIES, LLC OR ITS AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE PROGRAM OR ITS MATERIALS, INCLUDING LOSS OF INCOME, LOSS OF BUSINESS OPPORTUNITY, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Company's total liability to you for all claims arising out of or related to this Agreement shall not exceed the total amount paid by you to the Company in the twelve (12) months preceding the claim. Your sole remedy for dissatisfaction with the Program is to discontinue your participation.
15. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless SalesX Training Technologies, LLC and its affiliates, officers, agents, employees, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to your participation in the Program, your telephone, text, email, or other outreach or prospecting activities, your breach of this Agreement, or your violation of any applicable law or regulation.
16. TERMINATION
The Company may suspend or terminate your access to the Program for a material breach of this Agreement. All disclaimers, intellectual-property protections, limitation-of-liability provisions, indemnification obligations, and confidentiality obligations survive termination. If you violate or threaten to violate any provision of this Agreement, the Company shall be entitled to seek injunctive relief in addition to any other remedy available at law or in equity.
17. FORCE MAJEURE
The Company shall not be liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control, including acts of God, natural disasters, pandemic, government actions, internet or platform outages, or power failures. In such an event, the Company's obligations shall be suspended for the duration of the event, and the Company will make commercially reasonable efforts to resume the Program as soon as practicable.
18. GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-laws principles. Regardless of where you reside or conduct business, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of Florida for any dispute not subject to arbitration.
Any dispute, claim, or controversy arising out of or related to this Agreement shall be resolved by binding arbitration administered in the State of Florida under the rules of the American Arbitration Association. You agree to waive the right to a trial by jury and the right to participate in any class action or class-wide arbitration. This Section does not limit either party's right to seek injunctive relief in court as provided in Section 16.
19. ATTORNEYS' FEES AND COSTS
In any action, arbitration, or proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party. This provision is intended to apply reciprocally to both parties, consistent with Section 57.105(7), Florida Statutes.
20. NOTICES
All formal notices under this Agreement shall be sent by email to the address each party provided at the time of enrollment and are deemed received on the date sent. It is your responsibility to keep your email address current with the Company.
21. SEVERABILITY
If any provision of this Agreement is deemed unlawful or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be so modified, and the remaining provisions shall remain in full force and effect.
22. ENTIRE AGREEMENT AND ACKNOWLEDGMENT
This Agreement constitutes the entire agreement between you and the Company regarding your participation in the Program and supersedes all prior agreements, representations, and understandings, whether written or oral. You acknowledge that you have read this Agreement, understand its contents, and intend it to be legally binding upon you and your heirs.
23. ELECTRONIC ACCEPTANCE
By clicking "I Agree" (or a substantially similar button or checkbox) at the time of enrollment, you acknowledge that you have read, understood, and agree to be bound by this Agreement. You agree that this action constitutes your electronic signature under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Florida Uniform Electronic Transaction Act, is legally binding, and has the same force and effect as a handwritten signature.
You consent to conduct this transaction electronically and to receive this Agreement, and any related notices and disclosures, in electronic form. At the time of your acceptance, the Company records the name and email address you provide, together with the date and time of acceptance, as evidence of your agreement to these terms.
National Do Not Call Registry: https://www.ftc.gov/tips-advice/business-center/guidance/qa-telemarketers-sellers-about-dnc-provisions-tsr