Affiliate University Service Agreement

 User Agreement for Affiliate University 52-Week Program

 

IMPORTANT: THIS AGREEMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. BY SIGNING THIS AGREEMENT, OR PURCHASING, ACCESSING OR USING ANY MATERIALS PROVIDED BY BEST HOUR OF THEIR DAY, LLC AN OHIO LIMITED LIABILITY COMPANY (“BEST HOUR OF THEIR DAY”), INCLUDING ANY PROPRIETARY MATERIALS, WHICH INCLUDE ANY AUDIO AND/OR VISUAL PRESENTATIONS, AND/OR PROGRAMS ASSOCIATED WITH THIS AGREEMENT, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AFFIRM THAT IF YOU SIGN THIS AGREEMENT ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THE TERMS OF THIS AGREEMENT.

 

YOU MAY NOT ENTER INTO THIS AGREEMENT IF YOU (i) DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, (ii) ARE NOT AT LEAST 18 YEARS OF AGE, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THE PROGRAM OR ANY OF THE PROGRAM’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.

 

IF YOU DO NOT AGREE, DO NOT UNDERSTAND, OR DO NOT ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE ANY OF AFFILIATE UNIVERSITY’S PROPRIETARY MATERIALS, INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH AFFILIATE UNIVERSITY, AND CONTACT US IMMEDIATELY AT [email protected].

 

This Service Agreement (this “Agreement”) is made effective as of the service purchase date (the “Effective Date”), by and between the individual who is signing up for Affiliate University (“YOU”), and BEST HOUR OF THEIR DAY.

 

WHEREAS, BEST HOUR OF THEIR DAY is engaged in the business of teaching multiple skills including but not limited to sales, marketing, and operations techniques intended to help individuals grow their fitness and health improvement business (“Coaching Services”).

 

WHEREAS, YOU desire to engage BEST HOUR OF THEIR DAY to provide Coaching Services to YOU in multiple formats including, but not limited to, audio and/or visual presentations, exercises, live group coaching calls and periodic personal coaching and evaluation (“Training Methods”).

 

NOW, THEREFORE, in consideration of the promises and mutual covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

 

SECTION 1: MEMBERSHIP AND PROGRAM FEES

 

1.1 Program

Under the terms of this Agreement, BEST HOUR OF THEIR DAY agrees to provide Coaching Services using the Training Methods to YOU for 52 weeks (the “Program”) in exchange for a fee (the “Program Fee”), which will be determined according to Paragraph 1.2 below. Your access to the Program is conditional on BEST HOUR OF THEIR DAY’s receipt of the Program Fee.

 

1.1.1 Term

This Agreement will commence upon YOUR acceptance of this Agreement and payment of the Program Fee. YOU agree and understand that upon commencement of this Agreement, you will become enrolled in the Program, which will conclude in 52 weeks (the “Initial Term”).

 

1.1.2 Termination

BEST HOUR OF THEIR DAY may immediately terminate this Agreement at any time in its sole discretion upon written notice to YOU, which may be sent via email. Notwithstanding anything to the contrary herein or otherwise, the provisions of this Agreement concerning indemnification, non-disclosure, Confidential Information, Intellectual Property, disclaimer of warranties, and limitation of liability, as well as any other provision that, in order to give proper effect to its intent, should survive the termination of this Agreement, shall survive the termination of this Agreement.

 

In addition to any existing termination rights under this Agreement, BEST HOUR OF THEIR DAY may suspend or terminate Client participation immediately upon:

• Failure to make payment

• Violation of this Agreement

• Sharing confidential materials

• Unauthorized distribution of Program materials

• Fraudulent reporting or manipulated metrics

• Repeated disengagement from coaching communication

• Conduct determined by BEST HOUR OF THEIR DAY to be harmful to the Program or community

 

1.2 Program Fee

By entering into this Agreement, YOU agree and understand that you are committing to pay BEST HOUR OF THEIR DAY either:

• One (1) Payment of $16,500.00 paid directly through our payment portal; or

• $19,500.00 paid through our third-party financing provider, Rigquipment.

 

The Program Fee is for 52 weeks of access to Live Coaching Calls and indefinite access to the Online Program materials of the version of the program you purchased as long as the program remains active on Affiliate University.

 

1.2.1 Discounts and Promotions

All prices, discounts, and promotions related to the Program posted on BEST HOUR OF THEIR DAY’S website, found at https://www.besthouroftheirday.com/ (the “Website”), any other website, or other marketing materials are subject to change without notice. The price charged for the Program will be the price advertised on the Website at the time you sign up for the Program, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

 

1.2.2 Third-Party Financing; Rigquipment

Client acknowledges that Company may permit payment for the Program through a third-party financing provider, including Rigquipment or its financing partners.

 

If Client elects to utilize third-party financing:

• The financing agreement shall exist solely between Client and the financing provider

• BEST HOUR OF THEIR DAY is not a lender, creditor, broker, or financial institution

• BEST HOUR OF THEIR DAY does not control or administer financing approvals, denials, repayment terms, billing disputes, collections, or payment processing

 

Any dispute regarding financing approval, loan terms, interest, repayment obligations, payment processing, billing errors, collections, defaults, or financing-related claims must be resolved directly between YOU and the financing provider. YOU remain solely responsible for all obligations under any financing agreement.

 

1.3 Promotional Material

Except as provided in Section 1.3.1, BEST HOUR OF THEIR DAY will not share YOUR name and any specific business information, achievements or challenges for promotional materials without prior consent from YOU. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services from BEST HOUR OF THEIR DAY.

 

1.3.1 Social Media Sharing

You agree to allow BEST HOUR OF THEIR DAY to share information that we collect via both small and large group coaching calls, written feedback surveys and community posts on our social media channels and podcasts.

 

1.4 No Refunds

Except to the extent provided in Section 1.4.1 of this Agreement, BEST HOUR OF THEIR DAY abides by a strict no-refund policy. By entering into this Agreement, YOU agree and understand that YOU are permanently waiving the right to seek or claim any refund of the Program Fee. YOU further acknowledge, represent, warrant and agree that, by entering into this Agreement, YOU are taking full responsibility for YOUR own success and therefore, except as provided in Section 1.4.1, YOU will not request a refund.

 

1.4.1 Limited Money Back Guarantee

BEST HOUR OF THEIR DAY OFFERS A LIMITED MONEY BACK GUARANTEE FOR 10 DAYS FROM YOUR ACCEPTANCE OF THIS AGREEMENT AND PAYMENT OF THE PROGRAM FEE. THE LIMITED MONEY BACK GUARANTEE IS ONLY AVAILABLE TO PEOPLE SIGNING UP FOR THE PROGRAM FOR THE FIRST TIME. TO RECEIVE A REFUND UNDER THE LIMITED MONEY BACK GUARANTEE, YOU MUST: (i) PARTICIPATE IN YOUR WELCOME CALL WITH AN AFFILIATE UNIVERSITY STAFF MEMBER; (ii) PARTICIPATE IN AN INITIAL 1-ON-1 STRATEGY CALL WITH AN AFFILIATE UNIVERSITY STAFF MEMBER; (iii) PARTICIPATE IN AT LEAST 1 SMALL GROUP COACHING CALL; AND (iv) NOTIFY BEST HOUR OF THEIR DAY OF YOUR DESIRE TO EXIT THE PROGRAM BY EMAILING [email protected] WITHIN 10 DAYS FROM YOUR ACCEPTANCE OF THIS AGREEMENT AND PAYMENT OF THE PROGRAM FEE.

 

BEST HOUR OF THEIR DAY WILL REFUND ANY AMOUNTS YOU HAVE PAID TO US FOR THE PROGRAM FEE. SHIPPING, HANDLING, INSURANCE FEES, AND FEES FOR SERVICES THAT HAVE BEEN PERFORMED (INCLUDING APPLICABLE SALES TAXES), AND ANY EXPENSES INCURRED BY BEST HOUR OF THEIR DAY FOR ANY PROMOTIONAL OFFER WILL BE DEDUCTED FROM YOUR REFUND.

 

IF YOU HAVE ENTERED INTO AN AGREEMENT WITH RIGQUIPMENT FINANCE, LLC (“RIGQUIPMENT”) TO FINANCE YOUR PROGRAM FEE, YOU WILL NOT RECEIVE A REFUND FROM BEST HOUR OF THEIR DAY. BEST HOUR OF THEIR DAY WILL COMMUNICATE YOUR DECISION TO EXERCISE YOUR RIGHTS UNDER THIS MONEY BACK GUARANTEE TO RIGQUIPMENT AND WILL REFUND TO RIGQUIPMENT ANY AMOUNTS RECEIVED FROM RIGQUIPMENT FOR YOUR PROGRAM FEE. IN MOST CASES, THIS REFUNDED AMOUNT WILL SATISFY YOUR OBLIGATIONS UNDER YOUR FINANCING AGREEMENT. HOWEVER, YOU REMAIN SOLELY RESPONSIBLE FOR ANY OBLIGATIONS UNDER YOUR FINANCING AGREEMENT NOT SATISFIED BY THE REFUNDED AMOUNT. BEST HOUR OF THEIR DAY IS NOT RESPONSIBLE FOR, AND WILL HAVE NO LIABILITY FOR, ANY FINANCING ARRANGEMENT BETWEEN YOU AND RIGQUIPMENT, INCLUDING, BUT NOT LIMITED TO, ISSUES ARISING FROM YOUR DECISION TO EXERCISE YOUR RIGHT TO THE MONEY BACK GUARANTEE. PLEASE ALLOW A REASONABLE AMOUNT OF TIME TO PROCESS ANY REFUND COMING FROM BEST HOUR OF THEIR DAY. THE LIMITED MONEY BACK GUARANTEE IS NOT A WARRANTY. BEST HOUR OF THEIR DAY MAY CHANGE OR CANCEL IT AT ANY TIME BEFORE ACCEPTING YOUR ENROLLMENT IN THE PROGRAM. THE LIMITED MONEY BACK GUARANTEE FOR INTERNATIONAL CLIENTS IS THE SAME AS FOR CLIENTS WITHIN THE UNITED STATES.

 

SECTION 2: SUCCESS NOT GUARANTEED; CONDITIONAL EXTENSION PERIOD

 

2.1 Success Not Guaranteed

BEST HOUR OF THEIR DAY guarantees no specific results.

 

YOU take full responsibility for YOUR own success.

 

YOU acknowledge that everyone’s success is different and depends on numerous factors, including but not limited to YOUR own drive, dedication, implementation, leadership, staffing, market conditions, operational execution, and motivation.

 

Any examples of income, profitability, business growth, testimonials, projections, estimates, or case studies presented by BEST HOUR OF THEIR DAY are illustrative only and do not constitute guarantees of future performance.

 

BEST HOUR OF THEIR DAY does not guarantee:

• Revenue growth

• Profitability

• Membership increases

• Business valuation increases

• Positive return on investment

• Any specific business outcome

 

2.2 Conditional Extension Period

 

2.2.1 Definitions

(a) “Conditional Extension Period” means an additional ninety (90) consecutive calendar days during which YOU may continue to have access, at no additional charge, to the Program, provided YOU satisfy all eligibility requirements set forth herein.

 

(b) “Positive ROI” means that, on a Date of Measurement, Incremental Revenue exceeds the Program Fees.

 

(c) “Incremental Revenue” means the amount that YOUR gross revenue between the start of the Initial Term and ending on the Date of Measurement exceeds YOUR annualized monthly revenue from the full month prior to the start of the Initial Term.

 

(d) “Date of Measurement” means the date upon which Incremental Revenue is calculated. The original Date of Measurement will be at the end of the Initial Term.

 

(e) “Participation Requirements” has the meaning set forth in Section 2.2.2 below.

 

2.2.2 Qualifying for Conditional Extension Period

The Conditional Extension Period is intended solely for Clients who did not achieve a Positive ROI during the Initial Term. A Client who has achieved a Positive ROI shall not qualify for a Conditional Extension Period.

 

BEST HOUR OF THEIR DAY will only provide a Conditional Extension Period if YOU satisfy each and every requirement below during the entire 52-week Initial Term. Failure to satisfy any single requirement shall result in automatic denial of the Conditional Extension Period.

 

(a) Call Attendance Requirement

 

YOU must attend a minimum of one (1) coaching or group call per week throughout the entire Initial Term. Any scheduled coaching or group call qualifies. Attendance means YOU are present for the entirety of the scheduled session. Missed calls are not retroactively credited. Failure to attend the required minimum during any week shall result in disqualification.

 

(b) Scheduled 1-on-1 Session Requirement

 

YOU must attend all 1-on-1 sessions scheduled by BEST HOUR OF THEIR DAY throughout the Initial Term. Sessions include any individually booked coaching appointments (onboarding, roadmap, domain, or other scheduled sessions). If YOU are unable to attend a scheduled session, YOU must notify BEST HOUR OF THEIR DAY in advance and reschedule.

 

(c) Financial Documentation Requirement

 

YOU must submit complete and accurate profit and loss statements demonstrating the financial performance of YOUR affiliate business during the Program Term. Such documentation must be submitted to [email protected] within seven (7) calendar days following the expiration of the Initial Term. BEST HOUR OF THEIR DAY reserves the sole and exclusive right to evaluate the adequacy, completeness, and credibility of submitted financial documentation.

 

(d) Implementation Verification Requirement

 

YOU must provide reasonable evidence demonstrating active implementation of Program materials, systems, strategies, and assignments throughout the Program Term. Acceptable evidence may include photographs, videos, screenshots, marketing materials, operational documentation, staff implementation evidence, facility updates, tracking systems, and action-item completion records. Failure to demonstrate meaningful implementation shall result in denial of the Conditional Extension Period.

 

(e) Metrics Tracking Requirement

 

YOU must consistently maintain and update required business metrics, logbooks, scorecards, or tracking systems throughout the entirety of the Program Term. “Consistently maintain” means metrics are updated contemporaneously on a weekly and/or monthly basis as directed by BEST HOUR OF THEIR DAY. Bulk, delayed, reconstructed, backdated, or last-minute data entry shall not satisfy this requirement. BEST HOUR OF THEIR DAY may review timestamps, submission history, and activity history to verify compliance.

 

(f) Communication Requirement

 

YOU must remain reasonably responsive to communications throughout the Program Term. YOU must maintain an active Affiliate Slack channel with BEST HOUR OF THEIR DAY and respond in a timely manner to communications, assignments, and follow-up inquiries from coaches or staff. Repeated failure to respond, prolonged inactivity, or disengagement from coaching support shall result in denial of the Conditional Extension Period.

 

(g) Extension Request Procedure

 

Requests for the Conditional Extension Period must be submitted in writing to [email protected] no later than seven (7) calendar days following expiration of the Initial Term. All determinations regarding eligibility shall be made in the sole discretion of BEST HOUR OF THEIR DAY and shall be final.

 

2.2.3 Termination for Dishonesty

This Agreement will terminate immediately if BEST HOUR OF THEIR DAY has reasonable cause to believe that YOU are engaging in dishonesty impacting qualification for the Conditional Extension Period, including but not limited to: fabricated metrics, manipulated reporting, fraudulent attendance reporting, fake implementation evidence, reconstructed or backdated data, or misrepresentation of financial performance. Nothing in this Section 2.2.3 is meant to limit BEST HOUR OF THEIR DAY’S right to terminate this Agreement as provided in Section 1.1.2.

 

SECTION 3: NON-TRANSFERABILITY; OWNERSHIP CHANGES

Enrollment in the Program is issued solely to the specific affiliate owner, ownership group, or business entity identified during enrollment and is non-transferable.

 

In the event of a sale of the affiliate business, transfer of ownership interest, change in controlling ownership, management transition, withdrawal from operations, or any material ownership change, this Agreement and all Program access shall automatically terminate unless otherwise approved in writing by BEST HOUR OF THEIR DAY.

 

Unused portions of the Program shall not be refunded, credited, assigned, or transferred to any purchaser, successor owner, operator, or third party.

 

Any incoming owner or operator must apply separately as a new client and satisfy all then-current enrollment requirements and pricing.

 

BEST HOUR OF THEIR DAY may, in its sole discretion, offer an Affiliate Acquisition Pathway or expedited onboarding process for prospective purchasers; however, participation is not guaranteed.

 

Client agrees to notify BEST HOUR OF THEIR DAY promptly of any anticipated ownership or operational change.

 

SECTION 4: CONFIDENTIALITY

 

4.1 Confidentiality

Subject to the terms and conditions herein, only YOU are being granted access to the Program, and during the Program you will be exposed to BEST HOUR OF THEIR DAY’S proprietary and/or confidential information (collectively “Confidential Information”). Unless specifically and expressly authorized by this Agreement, YOU shall not use, teach, sell, disclose, reveal, provide or make available to any third party any of BEST HOUR OF THEIR DAY’s Confidential Information, including, but not limited to, materials (whether in electronic form or made available to YOU in private social media groups, or otherwise), documentation, techniques, formulas, methods, processes, algorithms, code, software, designs, uses, apparatuses, notes, trade and service marks, trade dress, trade secrets, images, video, audio, intellectual property, or any login member credentials. YOU warrant, represent, and agree to (i) hold the Confidential Information in trust and confidence and avoid the disclosure or release thereof to any other person or entity by using the same degree of care as YOU use to avoid unauthorized use, disclosure, or dissemination of YOUR own confidential information of a similar nature, but not less than reasonable care; and (ii) not use the Confidential Information for any purpose whatsoever except as expressly contemplated under this Agreement. BEST HOUR OF THEIR DAY (or its licensor) shall at all times retain all rights, ownership, title, and interest in any Confidential Information.

 

4.2 Intellectual Property

YOU acknowledge that BEST HOUR OF THEIR DAY will remain the sole and exclusive owner of any and all intellectual property, including — but not limited to, Confidential Information, audio and visual presentations, documentation, images, designs, works made for hire, marks, trademarks, trade secrets, and any other materials or elements associated with the Program and/or the Training Methods (collectively, the “Intellectual Property”). YOU further acknowledge and agree that, as between YOU and BEST HOUR OF THEIR DAY, BEST HOUR OF THEIR DAY and its third-party licensors own and shall continue to own all right, title, and interest in and to the Intellectual Property. Except for the limited, revocable license expressly granted to YOU herein, this Agreement does not grant YOU any ownership or other right or interest in or to any Intellectual Property or any intellectual property rights of BEST HOUR OF THEIR DAY, whether by implication, estoppel, or otherwise.

 

SECTION 5: MISCELLANEOUS

 

5.1 Assignment

The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement. Any purported assignment in violation of this Section shall be null and void.

 

5.2 Indemnification

YOU will, at YOUR own expense, defend, indemnify, and hold BEST HOUR OF THEIR DAY, its officers, members, managers, agents, attorneys and employees, harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of, related to, or in connection with YOU being granted access to the Program and/or BEST HOUR OF THEIR DAY’s provision of any service.

 

5.3 Force Majeure

BEST HOUR OF THEIR DAY shall not be liable or responsible to YOU, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond BEST HOUR OF THEIR DAY’S control, including, without limitation, the following force majeure events: (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other events beyond the control of the BEST HOUR OF THEIR DAY.

 

5.4 Integration

This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and BEST HOUR OF THEIR DAY concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, promise or understanding relating to the Program, whether oral or written. YOU represent, warrant and agree that YOU are not relying upon any prior proposal, sales call, representation, promise or understanding relating to the Program, whether oral or written.

 

5.5 Modification

This Agreement is modifiable only by a duly signed written instrument; however, BEST HOUR OF THEIR DAY reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at www.besthouroftheirday.com.

 

5.6 Waiver; Binding Effect; Counterparts

None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of BEST HOUR OF THEIR DAY, its officers, members, managers, agents, or employees, except by duly signed written instrument. The failure of BEST HOUR OF THEIR DAY to enforce any provision of this Agreement shall not constitute a waiver of the future enforcement of that provision and shall not constitute a waiver of the enforcement of any other provision. The Parties represent and warrant that they are authorized to execute this Agreement and that this Agreement and all of its terms and provisions shall be binding upon and insure to the benefit of the Parties and their heirs, legal representatives, successors, and assigns. The Parties further agree that this Agreement may be executed in any number of counterparts, all the counterparts shall be deemed to constitute one instrument, and each counterpart shall be deemed an original. Facsimile and pdf copies of signatures shall serve as originals.

 

5.7 Governing Law and Jurisdiction

This Agreement and any disputes relating to this Agreement shall be governed and construed in accordance with the laws of the United States of America and the State of Colorado, without regard for its conflicts of laws principles. Jurisdiction and Venue for any dispute concerning, involving, or in any way related to this Agreement shall lie exclusively in the federal and state courts of Colorado, located in the County of Jefferson. The Parties expressly waive any objections to such jurisdiction and venue and irrevocably consent and submit to the personal and subject matter jurisdiction of such courts in any action or proceeding. However, this Agreement and/or any court order or judgment arising out of or related hereto shall be enforceable in every state and worldwide.

 

5.8 Equitable Remedies

In the event of a breach or threatened breach by YOU of any of the provisions of this Agreement, YOU hereby consent and agree that BEST HOUR OF THEIR DAY shall be entitled to obtain, as a matter of right hereby granted, a temporary or permanent injunction or other equitable relief against such breach or threatened breach from any court of competent jurisdiction, without the necessity of showing any actual damages or that monetary damages would not afford an adequate remedy, and without the necessity of posting any bond or other security. The aforementioned equitable relief shall be in addition to, not in lieu of, legal remedies, monetary damages or other available forms of relief.

 

5.9 No Third-Party Beneficiaries

This Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than YOU.

 

5.10 Enforceability; Severability; Construction

If any provision of this Agreement is invalid, illegal, void or unenforceable, then that provision will be deemed severed from this Agreement and will not affect the validity or enforceability of the remaining provisions of this Agreement. The section and other headings in this Agreement are included as a matter of convenience and are not a part of this Agreement. The language in all parts of this Agreement will be construed as a whole according to its fair meaning and not strictly for or against any Party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any amendments hereto.

 

5.11 Notices

5.11.1 To You. BEST HOUR OF THEIR DAY may provide any notice to YOU under this Agreement by: (i) sending a message to the e-mail address YOU provide or (ii) posting to the Website. Notices sent by e-mail will be effective when BEST HOUR OF THEIR DAY sends the e-mail and notices BEST HOUR OF THEIR DAY provides by posting will be effective upon posting. It is YOUR responsibility to keep your e-mail address current.

 

5.11.2 To Us. To give BEST HOUR OF THEIR DAY notice under this Agreement, YOU must contact us as follows: (i) by personal delivery, or by email sent to [email protected]. BEST HOUR OF THEIR DAY may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

 

5.12 Relationship of the Parties

The parties shall be independent contractors pursuant to this Agreement. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties. Neither party, by virtue of this Agreement, will have any right, power, or authority to act or create an obligation, express or implied, on behalf of the other party.

 

5.13 Attorneys’ Fees and Legal Expenses

If BEST HOUR OF THEIR DAY is required to bring any proceeding or action to recover any amount under this Agreement, or for or on account of any breach by YOU hereof, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, BEST HOUR OF THEIR DAY shall be entitled to recover from YOU, as part of BEST HOUR OF THEIR DAY’S costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).

 

BY PURCHASING THIS SERVICE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.