90DayGoals Coaching and Web Site Agreement

The www.90DayGoals.com Web Site (the "Site or NDG") is an online and coaching information service provided by 90DayGoals LLC ("www.90DayGoals.com "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE OR IT'S PRODUCTS . BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. www.90DayGoals.com, MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

90DayGoals (NDG) for use only under the terms of this License, and NDG reserves all rights not expressly granted to you. The terms of this License will govern any program, class or coaching session provided by NDG that replace and/or supplement the original NDG products or coaching sessions, unless accompanied by a separate license, agreement or written release in which case the terms of that license will govern.

Title and intellectual property rights to any content displayed by or accessed through NDG material belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content.

2. Permitted License Uses and Restrictions.

A. Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the NDG products and intellectual property or materials. The NDG intellectual property may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. You may not make the NDG intellectual property available over a network where it could be used by multiple computers at the same time. You may make one copy of the NDG class and session material in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.

B. You may not and you agree not to, or to enable others to, copy except as expressly permitted by this License, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of the NDG session or class materials, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of open-sourced components. Any attempt to do so is a violation of the rights of NDG and its licensors of the 90DayGoals product.

C. The entire contents of the Site and the 90DayGoals program are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are www.90DayGoals.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to www.90DayGoals.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to www.90DayGoals.com by all means and in any media now known or hereafter developed. You also grant to www.90DayGoals.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against www.90DayGoals.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to www.90DayGoals.com.

TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of www.90DayGoals.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

3. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by www.90DayGoals.com, www.90DayGoals.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for www.90DayGoals.com, identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with www.90DayGoals.com a. You also understand that www.90DayGoals.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. www.90DayGoals.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND www.90DayGoals.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. www.90DayGoals.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. www.90DayGoals.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

4. LIMITATION OF LIABILITY

IN NO EVENT WILL www.90DayGoals.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF www.90DayGoals.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, www.90DayGoals.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

www.90DayGoals.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-www.90DayGoals.com web site, please understand that it is independent from www.90DayGoals.com, and that www.90DayGoals.com has no control over the content on that web site. In addition, a link to a www.90DayGoals.com web site does not mean that www.90DayGoals.com endorses or accepts any responsibility for the content, or the use, of such web site.

5. Indemnification.

You agree to indemnify, defend and hold harmless www.90DayGoals.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses and/or expenses. 90DayGoals will not provide any cash refunds whatsoever including tuition deposits, retainer fees, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

6. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of www.90DayGoals.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

7. Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

8. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between 90DayGoals.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a State of Maryland court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claimant purchases any product from 90DayGoals or any of it's sub-sites such as TodaysGuest.com, Instantexpertmaker.com, Startwritingnow.com, etc. or cause of action arises or such claim or cause of action is barred. www.90DayGoals.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. www.90DayGoals.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

Revised 2011