This End User Terms of Use & License (“Agreement”) is a binding agreement between you (“Licensee” or “you”) and A Better CX Inc. dba Forget the Funnel (“Company,” “we,” “us,” “ours”). This Agreement governs your use of Company’s website (www.forgetthefunnel.com), all related mobile and web applications, and the services and products available through the website and related mobile and web applications, including without limitation all course materials and content  accessible through the website or any related mobile or web applications (collectively, the “Website”). We may change the terms of this Agreement from time to time, without notice to you, by posting such changes on the Website. Changes to this Agreement will be effective when posted and your continued use of the Website and/or the services made available on or through the Website after any changes to the terms are posted will be considered acceptance of those changes.

BY USING THE WEBSITE AND CREATING A LOGIN YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE AND DO NOT CREATE A LOGIN. 

IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO THE ARBITRATION PROVISION SET FORTH BELOW REQUIRING YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE RELATED TO YOUR USE OF THE WEBSITE ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

1. Use of the Website.  The access to and use of the Website implies your full acceptance and undertaking to abide entirely by this Agreement.  You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Website for commercial purposes.   Access to our Website is permitted on a temporary basis. We may update our Website and so may change the content at any time without notice to you. You are responsible for making all arrangements necessary to access this Website. You agree not to use the Website for fraudulent purposes.  You also agree not to take any action that will damage, disable or overburden the Website, or hinder, in any way, the normal use and operation of the Website.  In the event of breach of this Agreement we reserve the right to limit, suspend or terminate your access to the Website, taking any technical measures necessary for that purpose.
2. Copyright Ownership.  The Website is protected by the copyright laws of the United States and other jurisdictions. You may download or print a copy of the various resources offered on the Website for your personal, non-commercial use, but you may not copy any part of the Website for any other purpose, and you may not modify any part of the Website for any reason. Inclusion of any part of the Website in another work, whether in printed, electronic or other form, and inclusion of any part of the Website in another Website by linking, framing or otherwise, are expressly prohibited. 
3. Trademark Rights.  The trademarks, service marks, and logos of the Company (“Company Marks”), including FORGET THE FUNNEL, GROWTH SPRINTS, CUSTOMER-LED GROWTH, and A BETTER CX INC., belong exclusively to the Company.  The Company Marks are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on the Website confers on you any license or right under the Company Marks or the trademarks of any third party.
4. Membership Services License.  By purchasing or registering for any membership subscription service from the Website, Company hereby grants to you a non-exclusive, non-transferable right for personal use of the service, products, materials and documentation offered under the subscription services (the “Services”).  You may use the Services personally only.  You further agree that you will not:

1. except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties: (i) and except to the extent expressly permitted under this Agreement, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services or the Website (as applicable) in any form or media or by any means; or attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the software generating the Website; or
2. access all or any part of the Website in order to build a product or service which competes with the Website or Services; or
3. license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party; or
4. attempt to obtain, or assist third parties in obtaining, access to the Website.  

You will use your best efforts to prevent any unauthorized access to, or use of, the Website and, in the event of any such unauthorized access or use, promptly notify the Company.

5. License Restrictions.  You further agree not to use the Website for any purpose that is unlawful or that is designed or intended to interrupt, destroy or limit the functionality of the Website and agree not to use the Website in any manner that:

1. copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Website or any portion thereof;
2. is intended to obtain unauthorized access to the Website, any portion thereof, or any servers or devices on which the Website or any related data or information is stored;  
3. infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
4. consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
5. causes us to lose (in whole or part) the services of our internet service providers or other suppliers;
6. links to materials or other content, directly or indirectly, to which You do not have a right to link;
7. is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by the Company in its sole discretion; or
8. violates, or encourages anyone to violate this Agreement or any ancillary terms and conditions listed on the Website.

It should be noted that any discussion forum accessible through a membership subscription is put in place only to allow members to exchange ideas and resources with other members       in a secure environment. Therefore, the Company      reserves the right to delete any offensive, abusive or defamatory comments, promoting illegal activities or comments advertising products or any services for marketing purposes.

6. Use of Paid Courses, Programs, and Associated Material. The Company from time-to-time provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Courses”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner. By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company. By ordering or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses. 
7. Use Of Free Downloadable Content. The Company provides various resources on this Website, which users may access by providing an e     mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner. By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company. By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.
8. Materials Provided To The Website.  The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.  No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion. By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
9. Your Account and Registration Information.  In the course of your use of the Website, you may be asked to register or otherwise provide certain personalized information to us and/or to create a username and password (such information referred to hereinafter as “Registration Information”) in order to access certain services or products. You agree to provide us with information that does impersonate or otherwise misrepresent your association or affiliation with any person, organization or entity. Our information collection and use policies with respect to the privacy of such Registration Information are set forth in our Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for your Registration Information.  You represent and warrant that (a) all required Registration Information you submit is truthful, accurate, complete and correct; and (b) You will maintain the accuracy and completeness of such information.  You will be responsible for maintaining the confidentiality of your password and username and for restricting access to your Devices and information so others may not access our Website using your Registration Information.  We will not be responsible for misuse of your Registration Information by any third party, whether authorized by you or not.  You are responsible for all activities that occur under your Registration Information.  You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Registration Information or any other breach of security.  We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
10. Online Purchases.  By purchasing any Service made available through the Website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of Your credit card, Your billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.  It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, use, and sale of any item purchased from the Website. By placing an order, you represent that the Services ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) bar you from making or completing any or all Transaction(s); and (iii) refuse to provide any you with any product or service. 
11. Monthly or Annual Subscription Fee. If you subscribe to the Website on a monthly or annual subscription basis, you must pay the monthly or annual fee in advance to access and use the Website. The first      fee will start to accrue as of the first day immediately following any trial period (if applicable). All amounts are quoted in and payable in US dollars. Company reserves the right to suspend your access to and use of the Website if you fail to pay any undisputed amount owed on or before its due date. You may cancel your subscription at any time by providing written notice to Company; upon cancellation, you (i) will not receive a refund for the billing period during which you cancel your subscription; and (ii) will be able to access your subscription and receive updates of the relevant subscription until the subscription termination date. 
12. Refunds. Company may provide you a full or pro-rated refund of the membership fee paid if the Website does not function properly.
13. Reservation of Rights. You acknowledge and agree that the Website is provided under license and not sold to      you. You do not acquire any ownership interest in the Website under this Agreement, or any other rights thereto other than to use the Website in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Company reserves and shall retain its entire right, title and interest in and to the Website, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
14. Updates. Company may from time to time in its sole discretion develop and provide Website updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company      has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You may receive notice of available Updates. You  agree that all Updates will be deemed part of the Website and be subject to all terms and conditions of this Agreement.
15. Third-Party Materials. The Website may display, include or make available third-party content (including data, information, applications and other products, services      and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials“). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties' terms and conditions.
16. Membership Term and Termination.

1. The term of your Membership subscription commences upon your registration for the membership Services and will continue in effect until terminated by you or Company as set forth in this Section 13.
2. You may cancel your membership subscription any time in accordance with Section 8.
3. Company may terminate this Agreement at any time with reasonable advance notice if Company ceases to support the Website, which Company may do in its sole discretion. Other reasons for termination include: (i) an allegation or actual infringement of any intellectual property right or right of publicity or privacy of any third party; (ii) an allegation of actual defamation; (iii) an allegation or determination that an app does not comply with applicable law; (iv) Company ceasing to do business; or (v) Company filing a petition in bankruptcy, dissolving, or otherwise finding itself unable to pay its debts as they come due.
4. This license granted under this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
5. Upon termination all other rights granted to you under this Agreement will also terminate.
6. Termination will not limit any of Company's rights or remedies at law or in equity.

6. Disclaimer of Warranties. THE WEBSITE IS PROVIDED TO YOU “AS IS“ AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, WEBSITES, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.  
7. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT AND SERVICES FOR:

1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES
2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE WEBSITE.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

19. Indemnification. You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Website or your breach of this Agreement. Furthermore, you agree that Company assumes no responsibility for the content you submit or make available through this Website.

20. International Users.  The Website is controlled, operated, and administered from our offices in Kansas City, Missouri, United States of America. We make no representation that content on the Website is appropriate or available for use at other locations outside the United States.  You may not use the Website or export its content or products in violation of United States export laws and regulations. If You access the Website from a location outside of the United States, you are responsible for compliance with all local laws if, and to the extent, local laws are applicable.

21. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

22. Dispute Resolution.  By using the Website, you and Company agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Website, or the breach, enforcement, interpretation, or validity of this Agreement or any part thereof (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to Company at:  811 E 30th St., Kansas City, MO, 64109, United States. Both you and Company agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and Company would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect in the state of Missouri      before one arbitrator to be mutually agreed upon by both parties.  The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable. 

23. Choice of Law and Forum.  You agree that the laws of the state of Missouri govern this Agreement and any claim or Dispute that you may have against us, without regard to conflict of laws rules. The parties acknowledge that this Agreement is evidence of a transaction involving interstate commerce. Notwithstanding the foregoing with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the U.S. Federal Arbitration Act (9 U.S.C., Secs. 1-16). You further agree that any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in Jackson County, Missouri and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

24. Age Limitation.  The Website is not intended for use by persons under the age of 13. We do not knowingly collect information from visitors under the age of 13 and in the event that we learn that a person under the age of 13 has provided us with personal identifying information (“PII”), we will delete such PII. 

25. Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Website. 

26. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

27. Modification.  We reserve the right to modify the terms of this Agreement at any time. Your continued use of the Website after any such modifications have been made shall be deemed to be Your conclusive acceptance of any modified version of the Agreement. We will indicate that changes to the Agreement have been made by updating the date indicated after “Last Updated” at the beginning or end of this Agreement. If You do not agree to abide by the initial version and any modified version of the terms of the Agreement, then you are not authorized to use the Website.

Last Updated: Mar 28, 2022