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Terms of Service

These Terms of Service ("Terms") govern your use of the ExitFrog application (the "App") operated by Zogby LLC ("we," "us," or "our", "The Company") and its partners, affiliates, officers, owners, directors, agents, contractors, employees, licensors, service providers, suppliers, interns or associates (i.e. "Associated Parties"). By accessing or using the App, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the App.

SECTION 1 - USE

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You agree that you will not use our products for any illegal or unauthorized purpose and you will not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Zogby LLC reserves the right to revoke your access at any time without refund if it believes, in its sole discretion, that any of these terms have been breached or may be breached in the future. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

It is your responsibility to safeguard your login credentials. We do not store passwords. We reserve the right to suspend or terminate accounts if there is a violation of these terms or suspected violation of these terms.

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

You agree that results may vary and are dependent on several factors including but not limited to user goals and effort. You acknowledge there may be additional third party expenses incurred by you throughout the implementation process.

SECTION 3 - BILLING & PAYMENT INFORMATION

We do not store credit card information. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

To be eligible for refund, user must demonstrate that they have followed course framework entirely, by providing links to sites where all strategies are applied, providing a list of each framework strategy along with evidence of their sufficient effort to implement the strategy for at least 60 days. User must submit, with refund request, at the sole discretion of the Company, evidence of completion and understanding of entire coursework. Refund requests are only considered 90 days after the purchase is made, and receipt of purchase must be included with refund request. Refund requests made beyond 120 days after purchase may not be considered eligible.

SECTION 4 - COPYRIGHT & INELLECTUAL PROPERTY

All information, code, data, and content (including video, text and otherwise) ("The Content") used both within the ExitFrog application and on its websites, marketing materials, emails, videos and social media content, including but not limited to videos, trainings, explanations, templates and are sole intellectual property of Zogby LLC. You agree you will not share, reproduce, sell, re-sell, repurpose, reveal, or record The Content without written consent from Zogby LLC.

You agree you are responsible for damages caused by others, whether intended or unintended, that may occur from your breach of this section.

SECTION 5 - LIQUIDATED DAMAGES - COPYRIGHT INFRINGEMENT

In the event of a breach by the user of SECTION 4 - COPYRIGHT & INTELLECTUAL PROPERTY of the terms and conditions outlined herein, the user agrees that the Company shall be entitled to liquidated damages as follows:

I. Copyright infringement: If the user breaches SECTION 4 - COPYRIGHT & INTELLECTUAL PROPERTY, the user shall be liable to pay liquidated damages to Zogby LLC in the amount of $5,000 for each occurrence of such breach. In the case the breach is used for disparagement of The Company or any of its Associated Parties, the user shall be liable to pay liquidated damages to Zogby LLC in the amount of $150,000 for each occurrence of such breach.

II. Calculation of Damages: The parties agree that determining the actual damages resulting from such breach may be difficult and the specified amounts represent a reasonable estimate of the damages that The Company would incur.

III. Payment of Liquidated Damages: The user agrees to pay the liquidated damages within 30 days of being notified of the breach.

IV. No Waiver: The right to claim liquidated damages does not constitute a waiver of any other rights or remedies available to The Company under these Terms and Conditions or at law.

SECTION 6 - COMPLIANCE WITH LAWS

You agree to comply with all applicable laws while using the application and all ExitFrog and Zogby LLC products.

SECTION 7 - MODIFICATIONS TO THE TERMS OF SERVICE

You acknowledge that Zogby LLC and its Associated Parties may, from time to time, make modifications to these Terms of Service and shall promptly inform all users by email when such changes are made, including an itemization of all changes.

SECTION 8 - TERMINATION

You acknowledge that The Company reserves the right to terminate accounts at any time and for any reason which it deems, in its sole discretion, harmful or potentially harmful to The Company or its users. No termination shall waive any users of their responsibilities under sections 4 and 5 of this agreement.

SECTION 9 - CONTACT INFORMATION

Questions about these Terms of Service should be directed to support@exitfrog.com.