Disclaimers

 

Earnings Disclaimer

We make every effort to accurately represent our products and services and their potential for helping you create income. The earnings and income statements made are representations and/or estimates of what our company, its principals and past and present customers have created.
As with any business, your results will vary and will be based on your individual skills, business experience, expertise and efforts. There are no guarantees concerning the level of success you may experience. The testimonials and examples used are exceptional results, which do not apply to the average client, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on numerous factors, all of which are outside our control.
There is no assurance that examples of past earnings can be duplicated in the future. We cannot guarantee your future results and/or success. There are some unknown risks in business that we cannot foresee which can reduce results. We are not responsible for your actions.
The use of our information, products and services should be based on your own due diligence. You agree that our company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products and services.

Product Purchase, Payment and Participation Terms
By purchasing a product or service at this website or any website selling products and/or programs published or provided by MENTE Inc., you agree that:
MENTE INC. WILL BE PROCESSING YOUR PAYMENT: The Mind-Enhancement Network for Training Excellence, Inc., also referred to as MENTE Inc, is not a collection agency, however, MENTE, Inc. may refer accounts to a collection agency or attorney for debt collection and/or credit reporting. MENTE Inc. imposes an additional fee of $25 for: (1) any scheduled credit card authorization that is not approved; (2) any check that is presented to MENTE Inc. and subsequently returned or revoked for any reason; (3) any scheduled electronic funds transfer payment that is attempted by MENTE Inc. and subsequently returned or revoked for any reason. Additionally, a $7.50 late fee will be assessed to your account for any scheduled installment payment 10 days past due. Additional $7.50 late fees accrue at 30 day intervals. Customer acknowledges responsibility to maintain a valid working credit card on file with MENTE Inc. for any recurring charges related to the purchase of an ongoing subscription product. If customer’s credit card on file expires, the expiration date is often renewed for two years. Customer authorizes MENTE Inc. to increase the expiration date two years and retry card. If approved, MENTE Inc. will waive the initial $25 service fee.
YOU ARE PURCHASING A PRODUCT AND/OR PROGRAM FOR EDUCATIONAL PURPOSES: You understand you are purchasing an educational program and associated educational materials provided in a group format. Not all of the materials provided and not all of the methods discussed will be completely applicable to your particular business activities. You understand that you are participating and receiving advice as part of a group. You acknowledge that Dr. Vargas and his designee(s) cannot be aware of all the particulars surrounding your business activities at all times. You will therefore adapt, to your own situation and of your own volition, any advice he gives you or that you hear him give to other participants. You understand that Dr. Vargas may mention or direct you to resources in the form of vendors, suppliers, publishing professionals and independent contractors. You understand that these are for information purposes only and that Cesar Vargas and/or MENTE Inc. cannot be held responsible for remedies to you for any loss or damage you experience in dealing with these resources. You understand that Dr. Vargas and/or MENTE Inc. might receive remuneration, either actual or in kind, from these vendors, suppliers, professionals and contractors. You understand that the information that Dr. Vargas will give you will not be all the information that exists on the subject of business growth, but is merely meant to complement, amplify, supplement and direct you to other available information. You agree that Dr. Vargas may — at his sole discretion — change, add to and/or substitute the educational materials described in this form and/or change, substitute, add to or schedule differently any teleconference call or other event described.

YOU HAVE THREE DAYS TO OBTAIN A REFUND: You state unequivocally that the date you purchase a product or register for a program (“your purchase date”) is the first complete discussion of the Product/Program you have had with Dr. Cesar Vargas or any associated parties and that your registration date also constitutes your purchase date, even though your credit card may be charged or your check may be negotiated at a later date. You understand that you may rescind this purchase agreement and request a refund within three (3) business days of your registration date for any reason, by writing to: MENTE Inc., 8502 E. Chapman Avenue #302, Orange, CA 92869 Attn: Program Director. You understand that should you rescind this purchase and request a refund in the manner described above, you will be granted a refund, but will receive your refund only if and when you return all materials previously provided to you, including but not limited to audio CDs, written materials, conference call recordings and DVDs. Any rescission of this purchase and associated request for refund constitutes an express agreement by you to return all materials. Any failure by you to participate in any portion of a Program’s activities does not entitle you to any extension of your Program past your scheduled completion date, nor does it entitle you to a refund of any Program Fees paid.

YOUR INTELLECTUAL PROPERTY AND IDEAS MAY BE EXPOSED TO OTHER PARTIES: You understand that, as part of your participation in any program, Cesar Vargas, Account Executives and other experts and scouts may review your business projects, ideas, training programs and business model(s) for the sole purposes of advising you during the Program and/or to direct you to individuals they may wish to further review such materials. You acknowledge that Cesar Vargas, such experts and scouts and their related company(ies) have other clients, many of whom may have material and ideas similar to yours, now or in the future. You also understand that your material, expertise, methods, proprietary business strategies, ideas and other concepts may be shared freely with others within and outside your Program, including consultants, outside experts and other participants. You expressly and irrevocably hold all parties harmless from any and all remedies, express or implied, from any perceived or actual plagiarism, incorporation or other use of your ideas that may occur, either during your Program participation period or afterward. You understand that Cesar Vargas has not offered or implied any agreement to refuse participation in any Program to any competitor of yours nor to refrain from taking on as a client any competitor of yours. You understand that Cesar Vargas and MENTE Inc. reserve the right to refuse participation in any Program to any person for any reason, including but not limited to subject matter, market(s) and/or stated projects.

NO PROMISES ARE BEING MADE THAT YOU WILL EARN MONEY OR ACHIEVE SUCCESS: You understand and agree that Cesar Vargas, MENTE Inc., nor its employees, officers, designee(s) nor assign(s) do not warrant any particular level of success from your participation in any program nor from your use of any educational product. You expressly acknowledge that no promises have been made to you, either express or implied, verbal or written, regarding any income you might earn or any fees you might earn back, including your original participation fee, due to your participation in any program or use of any product. You understand that Cesar Vargas and MENTE Inc. maintain consulting businesses that are separate from Products and Programs offered at this website. You understand Dr. Vargas may choose equity-participation clients from amongst Product purchasers or Program participants, however, nothing written and/or stated verbally by any party is a guarantee that you will become an equity-participation client. Such offers can only be made in writing by Dr. Cesar Vargas.

NO ONE IS LIABLE FOR DAMAGES YOU MAY INCUR FROM YOUR PARTICIPATION: You expressly agree to defend, indemnify and hold harmless Cesar Vargas, MENTE, Inc., their respective companies and officers, directors, employees, designees, agents and affiliates from all claims, losses, damages, judgments, liabilities, obligations, costs and expenses, including attorney’s fees and costs, directly or indirectly incurred by any party related to any claim that arises from or in connection with your purchase/use of any Product or Program or from your participation in any Program. You further understand, acknowledge and agree that Coaches, Advisors, Account Executive and Experts you may encounter are independent contractors to MENTE, Inc. and you agree to hold harmless MENTE, Inc. from all claims, losses, damages, judgments, liabilities, obligations, costs and expenses, including attorney’s fees and costs, directly or indirectly incurred by any party related to any claim that arises from or in connection with your interaction with any of these contractors or their companies.

YOU ARE ALLOWING US TO RECORD YOUR PARTICIPATION: You agree to have Cesar Vargas and his designee(s) audio record and use your participation in any Program or in connection with any Product purchase. You understand that Dr. Vargas and his designee(s) have taped and/or intend to tape or otherwise record your participation in both telephone calls or other communications, both verbal and written. You consent to Dr. Vargas’s and his designee(s)’ use of your name, city and state of residence, professional designation or occupation, appearance, image, statements and participation, in whole or in part, in these recordings or other derivative materials based on them, in any format now known or devised in future, in any geographic location, and you understand that Dr. Vargas and his designee(s) intend to use them for educational, promotional and commercial applications. Cesar Vargas and his designee(s) or their representatives do not have any obligation whatsoever to use all or any part of your participation in any Program, and Dr. Vargas and his designee(s) may edit any audio or visual recording of your participation at their discretion. You agree that Cesar Vargas and/or his designee(s) shall own all rights, title and interest, including copyright, in and to the originals and all copies of such audio, visual, or written recording, with full media and worldwide rights. Cesar Vargas and his designee(s) shall have the right to reproduce, distribute, prepare derivative works based on, publicly perform and display, advertise, and publicize your participation in the Program and in these materials without compensation to you. You understand that final video and/or audio tapes prepared from the training session(s) and/or telephone calls may be made available to you for a nominal charge.

THIS DOCUMENT DESCRIBES YOUR COMPLETE UNDERSTANDING OF THE PROGRAM OR PRODUCT BEING PURCHASED: You agree and understand that your purchase of any Product and/or registration for any Program constitutes de facto agreement with this Disclaimer, Participation Agreement, and Audio/Video Release. This Disclaimer, Participation Agreement and Audio/Video Release describes your entire understanding of the agreement between the parties and you are not relying on any other understandings, express or implied, between the parties. The paragraph headings used herein are for convenience only and do not constitute part of this Agreement. This Disclaimer, Participation Agreement and Audio/Video Release shall be governed in accordance with California law, may be amended only in writing, and constitutes the entire agreement of the parties with respect to its subject matter. Any disputes arising hereunder or concerning the subject matter of this release shall be resolved by binding arbitration in Santa Ana, California in accordance with the Commercial Rules of the American Arbitration Association. By purchasing a product or service you acknowledge and agree that you have read this Disclaimer, Participation Agreement and Audio/Video Release and understand it.

Last Updated: October 7, 2006.

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