TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
Limitless Mentor, L.L.C., (doing business as “Limitless”) is pleased to provide you with the information, content, tools, products and services. Your use of these products is subject to these Terms and Conditions (“Terms”). These Terms also include some important disclosures and information related to certain products and services. For purposes of these Terms, “Limitless” shall mean Limitless Mentor, L.L.C., (doing business as “Limitless”) a Utah limited liability company, and its affiliates and subsidiaries, and their officers, managers, members, partners, and employees.
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT SIGN UP. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS PROGRAM, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH LIMITLESS, IS TO STOP USING ITS PRODUCTS, SERVICES, CONTENT OR INFORMATION.
Privacy and Your Personal Information
Limitless does not collect personal information about individuals who participate in the Program, except when the information is specifically provided on a voluntary basis.
Limitless may collect personal information (including name, address, telephone number, email address and, when necessary, credit card information) when you:
- Place an order on the site or at an event.
- Return an item or make an exchange; or
- Inquire about products and services.
In addition, you may voluntarily provide personal information (such as name, address, email address, and telephone number) to be forwarded to Limitless for the purpose of contacting you with details regarding Limitless’ services, including contact by email or mail or text. In this case, Limitless will keep a record of the contact, including the personal information. Limitless uses this information to provide better service in the event that you contact Limitless again.
Limitless may also collect non-personally identifiable information from you when you visit the Site or Events (e.g., your IP address, browser type, domain name, etc.). This information is collected and analyzed in the aggregate in order to improve the function and content of the Site.
Disclosure Required By Law & Other Disclosure
Limitless reserves the right (and you authorize Limitless) to share or disclose your personal information when Limitless determines, in its sole discretion, that the disclosure of such information is necessary or appropriate:
- To prevent prohibited or illegal activities; or
- When required by any applicable law, rule regulation, subpoena or other legal process.
Personal information may be transferred to a third party as a result of a sale, acquisition, merger, reorganization or other change of control. If Limitless sells, merges or transfers any part of its business, part of the sale may include your personal information. If so, you will be asked if you’d like to stop receiving promotional information following any change of control.
Limitless may allow users to subscribe to email newsletters and from time to time may transmit emails promoting Limitless’ or third-party goods or services.
You have the ability to opt-out of receiving our promotional emails and to terminate newsletter subscriptions by following the instructions in the emails. Opting out in this manner will not end transmission of certain service-related emails.
Protection of Children’s Privacy
The Program is a general audience website that is not specifically designed or targeted at children. If you are under 18, you may use the Site only with involvement of a parent or guardian. Limitless abides by the requirements of the Children’s Online Privacy Protection Act (COPPA) and other relevant laws. Limitless does not knowingly collect, use or disseminate any personally identifiable information from children under the age of 13. If, however, Limitless becomes aware that personally identifiable information regarding a child under the age of 13 has been collected at the Site, Limitless will delete such information from its records.
Modifications to Policy
How To Contact Us
518 West 800 North, Suite 204 Orem, UT 84057
Attn: Kristoffer Krohn
Limitless will make every reasonable effort to address your concerns and remedy any problems you bring to our attention.
Content Not To Be Construed as a Solicitation or Recommendation
The information and material have been prepared for informational purposes only without regard to any particular user’s financial objectives, situation, or means, and Limitless is not soliciting any action based upon it. This material is not to be construed as a recommendation; or an offer to buy or sell; or the solicitation of an offer to buy or sell any security, financial product, or instrument; or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation, or strategy would be illegal. Certain transactions, including those involving real estate, give rise to substantial risk and are not suitable for all investors. Although this material is based upon information that Limitless considers reliable and endeavors to keep current, Limitless has not verified this information and does not represent that this material is accurate, current, or complete and it should not be relied upon as such.
No Determination of Suitability Has Been Made; Not All Risks Are Disclosed; Private Advisors Should Be Consulted
The fact that Limitless has made the data and services provided on the Site and at events available to you constitutes neither a recommendation that you enter into a particular transaction, nor a representation that any product described on the program is suitable or appropriate for you. Many of the products described in the program involve significant risks, and you should not enter into any transactions unless you fully understand all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make the Site the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you are urged to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.
Intellectual Property Rights
The contents of Limitless, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html- based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Programs belong or are licensed to Limitless or its software or content suppliers. Limitless grants you the right to view and use the Programs subject to these terms. Accordingly, you may not copy, distribute, modify, post or frame-in the Site, including any text, graphics, video, audio, software code, user interface design or logos. Any distribution, reprint or electronic reproduction of any content from the Site in whole or in part for any other purpose is expressly prohibited without the prior written consent of Limitless.
Information Made Available Through the Site or Programs
You are permitted to store, display, analyze, modify, reformat, and print the information made available to you via the Program only for your own use. You are not permitted to publish, transmit, or otherwise reproduce this information, in whole or in part, in any format to any third party without the express written consent of Limitless. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with the information. Limitless reserves the right, at any time and from time to time, in the interests of its own editorial discretion and business judgment to add, modify, or remove any of the information. These Terms are not intended to, and will not, transfer or grant any rights in or to the information other than those which are specifically described herein, and all rights not expressly granted herein are reserved by Limitless or the third party providers from whom Limitless has obtained the information.
Non-Disclosure of Confidential Information
Through your relationship with Limitless you may receive proprietary or confidential information of Limitless, its suppliers or service providers that is not publicly known (“Confidential Information”). The Confidential Information may include business processes, strategies and provider and supplier contacts. You agree to treat the Confidential Information as strictly confidential. You may not, for any reason, directly or indirectly use, sell, lend, lease, distribute, license, give, transfer, disclose, disseminate, reproduce or otherwise communicate any Confidential Information to any person or entity for any purpose other than as authorized by Limitless in writing.
You also agree that this provision for non-disclosure survives the termination of your relationship with Limitless regardless of the reasons for the termination.
These Terms, and your relationship with Limitless under these Terms, shall be governed by the laws of the State of Utah without regard to its conflict or choice of laws provisions. Any dispute with Limitless, or its officers, directors, employees, agents or affiliates, arising under or in relation to these Terms shall be resolved exclusively through the courts of Salt Lake County, Utah, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Limitless may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Limitless is able to offer its Programs on the terms designated, and that your consent to this provision is an indispensable consideration to these Terms and your use of the Programs.
You acknowledge that Limitless may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, Limitless shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post any bond or other security, and/or to a decree for specific performance of the provisions of these Terms.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Limitless with the following information:
- Identify the name of the owner of the copyright allegedly infringed;
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works;
- An identification of the allegedly infringing material, and a description of where that material is located on the Site or program description.
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.
The agent for notice of claims of copyright infringement for the Site can be reached as follows:
518 West 800 North, Suite 204 Orem, UT 84057
Attn: Kristoffer Krohn
Limitation of liability
LIMITLESS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE SITE, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF LIMITLESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
LIMITLESS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH LIMITLESS DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT ANY ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH ACTION IS PERMANENTLY BARRED.
Indemnification Participant Agreement, Release, and Assumption of Risk.
Important: Read carefully. This is a legal contract and affects your rights.
As a condition of your use of the Program, you agree to indemnify and hold Limitless harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Program, from your violation of these Terms, from your failure to provide accurate and complete information, access of the Program through your password or written paperwork and any transmissions, submissions or postings by you or through your password.
In consideration of the services of Limitless, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf, I hereby agree to release, indemnify, and discharge Limitless (including these other persons or entities) on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
I acknowledge that my participation in individual and group initiatives, ropes course, and other outdoor experiential activities entails known and unanticipated risks that could result in physical or emotional injury, or death. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: inclement weather; burns; other participants’ and/or my own negligence; emotional stress; the potential for strenuous physical activity; rope burns; equipment failure; slips and falls; twists and jolts that could result in sprains, strains, pinches, scrapes, broken bones, or even more severe life threatening hazards; burns, blisters, cuts and abrasions. During an activity there may be contact with plants, animals or insects that could create hazards such as stings, allergies, and associated diseases. There may be hidden hazards due to the undeveloped nature of the site. Furthermore, Limitless and other associated employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction. Challenge course programs are based on the “challenge by choice” principle. At any time you and/or your group are free to withdraw from participation in ropes course activities.
I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Strongbrook, Limitless, Kristoffer Krohn and any other leaders and facilitators of the program from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Strongbrook’s or Limitless’ equipment or facilities, including any such claims which allege negligent acts or omissions of Strongbrook, Limitless, Kristoffer Krohn and any other leaders and facilitators of the program.
Should Strongbrook, Limitless, Kristoffer Krohn and any other leaders and facilitators of the program or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. I have completed an information from which I acknowledge is only for information, not for screening.
In the event that I file a lawsuit against Strongbrook, Limitless, Kristoffer Krohn and any other leaders and facilitators of the program, I agree to do so solely in the state of Utah, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Strongbrook on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Limitless may terminate your access to the Program for any reason, without prior notice. Limitless may also terminate your relationship with Limitless, or access to Limitless products or services under any other agreement for a violation of any provision of these Terms.
Payment of Fees:
The fees that you pay for our presentations, meetings and services are strictly non-refundable notwithstanding (i) any termination or discontinuance of your participation howsoever arising and regardless of the cause of such termination or discontinuance or (ii) any force majeure event or other causes beyond our control. You agree to reimburse us for any expenses (including reasonable attorneys’ fees) that we incur in collecting any unpaid fees from you.
Information and Cooperation; Services:
References to “we” “our” “us” (or other similar terms) shall mean Kristoffer Krohn, Limitless and his employees, assistants, affiliates, successors and assigns.
So that we can more accurately provide you assistance, you agree that any and all information that you supply will be current, accurate, truthful and complete. Additionally, you agree to attend appointments on time. You and we agree to treat each other professionally and with respect. We reserve the right to terminate your services at any time in the event of a breach of these Terms & Conditions. You agree to keep the information, services and analysis that we provide to you confidential and not share it with any third parties (other than your own tax, legal or other advisors solely for the purpose of advising you).
All estimates and information that we present to you are for illustrative purposes to help you gauge the relative productivity of present and alternative plans and opportunities. You acknowledge that you understand that it is not likely that you will achieve the exact results illustrated in any of these estimates, since it is impossible to predict the effect of possible changes of your individual situation.
Additionally, services that we provide may create strong emotional feelings that may cause deep inner reflection and action on your part in your personal and/or professional lives.
One of the purposes of the training is to create a strong sense of resolve to change and create new results in our client’s life. All decisions and actions that may be taken by you, however, are yours and yours alone and cannot be construed as having been coerced, forced, manipulated, or unduly influenced by us. We do not hold any accredited degrees, licenses, or credentials designating any of us as an expert or authority in counseling, coaching, or mentoring.
If any portion of these Terms are deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms. All covenants, agreements, representations and warranties made in these Terms, as may be amended by Limitless from time to time, shall survive your acceptance of these Terms and the termination of these Terms.