Personal information is defined as data that can be used to identify or contact a single person.
Here are some examples of the types of personal information FluentWorlds may collect and how we may use it:
What personal information we collect
When you create an FluentWorlds’account, purchase a product, download a software update, register for a class, connect to our services, contact us, or participate in an online survey, we may collect a variety of information, including your name, birthdate, mailing address, phone number, email address, contact preferences, device identifiers, IP address, and location information.
When you share your content with family and friends using FluentWorlds products, or invite others to participate in FluentWorlds services or forums, FluentWorlds may collect the information you provide about those people such as name, mailing address, email address, and phone number. FluentWorlds will use such information to fulfill your requests, provide the relevant product or service, or for anti-fraud purposes.
In certain jurisdictions, we may ask for a government issued ID in limited circumstances including managing services, or as required by law.
How we use your personal information
The personal information we collect allows us to keep you posted on FluentWorlds’ latest product announcements, software updates, and upcoming events. If you don’t want to be on our mailing list, you can opt out anytime by updating your preferences.
We also use personal information to help us create, develop, operate, deliver, and improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes. We may also use your personal information for account and network security purposes, including in order to protect our services for the benefit of all our users. Where we use your information for anti-fraud purposes it arises from the conduct of an online transaction with us. We limit our uses of data for anti-fraud purposes to those which are strictly necessary and within our assessed legitimate interests to protect our customers and our services. For certain online transactions we mayuse thirdparty vendors, so you should review their privacy policies.
We may use your personal information, including date of birth, to verify identity, assist with identification of users, and to determine appropriate services. For example, we may use date of birth to determine the age of FluentWorlds’account holders.
From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with FluentWorlds, you may not opt out of receiving these communications.
We may also use personal information for internal purposes such as auditing, data analysis, and research to improve FluentWorlds’ products, services, and customer communications.
Source(s) of your personal information when they are not collected from you
We may have received your personal information from other persons if that person has shared their content with you using FluentWorlds’ products, or invited you to participate in FluentWorlds’ services or forums. We may also validate the information provided by you when creating a FluentWorlds’account for security and fraud prevention purposes.
In the event of that FluentWorldscollects or uses data for research and development purposes, the Companywill not use datasets that contain images, voices, or other data that could be associated with an identifiable person. When using such datasets for research and development, we do not attempt to re-identify individuals who may appear therein.
Collection and Use of Non-Personal Information
Certain data we collect is collected in a form that does not, on its own, permit direct association with any specific individual; this is how we define non-personal information. We may collect, use, transfer, and disclose non-personal information for any purpose. If we combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.
The following are some examples of non-personal information that we collect and how we may use it:
We may collect information such as language, occupation, zip code, area code, unique device identifier, referrer URL, location, and the time zone where an FluentWorlds product is used so that we can better understand customer behavior and improve our products, services, and advertising.
We may collect and store details of how you use our application. This information may be used to improve our services. Except in limited instances, such information will not be associated with your IP address.
Cookies and Other Technologies
If you want to disable cookies, you may do so in your web browser. However, please note that certain features of the FluentWorlds’ website and/or applications will not be available once cookies are disabled.
As is true of most internet-basedapplications or services (including web-based services), we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data.We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, to improve our product and services, and to gather demographic information about our user base as a whole. FluentWorlds may use this information in our marketing and advertising services.
In some of our email messages, especially in association with FluentWorlds Academy (“FWA”),we use a “click-through URL” linked to content on the FluentWorlds’ website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.
Occasionally we us pixel tags, especially in association with FWA,to enable us to send email messages in a format that customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.
Disclosure to Third Parties
At times FluentWorlds may make certain personal information available to strategic partners that work with FluentWorlds to provide products and services, or that help FluentWorlds market to customers. Personal information will only be shared by FluentWorlds to provide or improve our products, services and advertising; it will not be shared with third parties for their marketing purposes.
FluentWorlds shares personal information with companies who provide services such as payment processing, marketing to customers, information processing, fulfilling customer orders, managing and enhancing customer data, assessing your interest in our products and services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information.
By law, legal process, litigation, and/or requests from public and governmental authorities, within or outside your country of residence,it may be necessary for FluentWorlds to disclose your personal information. If we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate,we may also disclose information about you.
Protection of Personal Information
FluentWorlds takes the security of your personal information seriously. FluentWorlds protect your personal information during transit using encryption (this may include Transport Layer Security (TLS) technology).In the event FluentWorlds elects to store your personal information, suchinformation is stored on secure company database servers.For the most up-to-date information on this issue, you may email us at email@example.com.
When you post on aFluentWorlds’ forum, chat room (including an FWA chat room), or social networking service, the personal information and content you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to share or submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.
If you or anyone else logs on to a device that is owned by a third party, any information may be downloaded on to that third party device thereby disclosing any such shared information.
Retention of Personal Information
Accurate Personal Information and Access toPersonal Information
You can and should help ensure that your contact information and preferences are accurate, complete, and up-to-date.
For personal information we hold, other than your contact information and preferences, we will provide you with access to the personal information for the purpose of requesting that we correct data if it is inaccurate or delete the data if FluentWorlds is not required to retain it by law or for legitimate business purposes, if you request it.We reserve the rightto decline to process requests that are frivolous or vexatious, that jeopardize the privacy of others, are extremely impractical,or are not otherwise required by local law. We may also decline aspects of deletion or access requests if we believe doing so would undermine our legitimate use of data for anti-fraud and security purposes as described earlier.
In order to make a request for access to personal information (to provide you with access to the personal information for the purpose of requesting that we correct data if it is inaccurate or delete the data if FluentWorlds is not required to retain it by law or for legitimate business purposes), a request must be made directly to firstname.lastname@example.org.
We strive the take extra precautions to protect the privacy and safety of children. We support the Children’s Online Privacy Protection Act (“COPPA”), and our goal is to minimize the information gathered about children under 13. To that end, children under the age of 16 are not permitted to create their own FluentWorlds’account, unless their parent or legal guardian provides consent.
Subject to anylegal exception(s), if we learn that we have collected the personal information of a child under 13, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible.
If at any time a parent needs to access, correct, or delete data associated with their child’s FluentWorlds’account, they may contact us and a request may be made directly email@example.com.
Notwithstanding the foregoing Children’s Privacy terms, the FluentWorlds’ website is controlled and operated from the United States and is not intended to be subject to the laws or jurisdiction of any state, country, or territory other than that of the United States.
Third Party Sites and Services
FluentWorlds’ websites, products, applications, and services may contain links to third-party websites, products, or services. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.
Our Companywide Commitment to Your Privacy
To make sure your personal information is secure, we communicate our privacy guidelines to FluentWorlds’ employees, independent contractors, and affiliated companies, and strictly enforce privacy safeguards within the company.
Virtual Immersive Educational Worlds, Inc.,3317 N. Cottonwood Ln.,Provo, Utah, USA, 84604
Copyright © 2018 Virtual Immersive Educational Worlds, Inc. All rights reserved.
Thank you for shopping with Virtual Immersive Educational Worlds, Inc., dba FluentWorlds (hereinafter “FluentWorlds” or “Company”). We hope you have a rewarding experience using our products.
The FluentWorlds’ website sells products to end-user customers only, and we reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale.
Prices for products on the FluentWorlds’ website are shown in U.S. dollars. If you are paying for your order with an international Visa, MasterCard, or American Express credit card, please note that the purchase price may fluctuate with exchange rates. In addition, your bank or credit card issuer may also charge you foreign conversion charges and fees, which may also increase the overall cost of your purchase. Please contact your bank or credit card issuer regarding these fees.
FluentWorlds reserves the right to change prices for products displayed at/on the FluentWorlds’website at any time, and to correct pricing errors that may inadvertently occur.
Once we receive your online order, we’ll provide you with an email order confirmation. Your receipt of an order confirmation, however, does not signify FluentWorlds’ acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. FluentWorlds reserves the right at any time after receiving your order to accept or decline your order for any reason. If FluentWorlds cancels an order after you have already been billed, FluentWorlds will refund the billed amount. In short, FluentWorlds may, in its sole discretion, refuse or cancel any order and limit order quantity. FluentWorlds may also require additional information prior to accepting or processing any order.
Since the actual delivery of your order can be impacted by events beyond FluentWorlds’ control, FluentWorlds cannot be held liable for untimely deliveries. We will, however, work with you to ensure a smooth delivery.
At our core, we believe you will be excited about the products you purchase from FluentWorlds. We understand, however, that sometimes a product may not be what you expected it to be. In that unlikely event, we invite you to review the below terms and conditions related to product refunds.
Any FluentWorlds’ products or services purchased from the iTunes Store or the Google Play Store are subject to the refund policies of the iTunes Store or the Android Store, as the case may be.
Finally, making modifications to the software violates the software license agreement. Should you be unable to use your products due to any software modification, its warranty, if any, will be void.
Virtual Immersive Educational Worlds, Inc., dba FluentWorlds (hereinafter “FluentWorlds” or “Company”)defines “spam” as unauthorized contactof people with unwanted content,messages, or requests in a digital or electronic medium.
Ambassadors must comply with all laws regarding the sending of email messages, including the CAN-SPAM Act of 2003, and it is an Ambassador’s duty to becomeand remain informed about the requirements of these laws.The law makes clear that even if one hires another company to handle his/her/its email marketing, one can’t contract away ones legal responsibility to comply with the law.
Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.In short, the CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.
Ambassadors are prohibited from sending unsolicited email regarding their website, or Ambassador Account, to individuals who have not specifically requested information regarding the Company’s business opportunity or products.In the event an individual who has formerly agreed to receive email information concerning the business opportunity and/or products laterrequests that you cease sending the individual email, you must honor this request immediately.
Here are some rules regarding spam. Ask yourself, do I use email in my business? If the answer is yes:
(1) Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
(2) Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
(3) Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
(4) Tell recipients where you’re located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.
(5) Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. For example, you could create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you.
(6) Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.
In the event you the Ambassador have further questions, you can consult resources on the Internet. For example, you can review U.S. law resources at the U.S. Federal Trade Commission website at www.ftc.gov. In addition, you can ask questions of FluentWorlds at firstname.lastname@example.org.
There are two parties to this agreement: Virtual Immersive Educational Worlds, Inc., dba FluentWorlds(hereinafter “FluentWorlds” or “Company”) and me. The agreement consists of four sections: (A) Definitions; (B) Productsand Services Agreement; (C) Mandatory and Binding Arbitration Agreement;and (D) Miscellaneous Provisions.
Defined terms are set forth below,or may be defined separately in any of the agreements you have with the Company. The meaning of capitalized terms not found in this document maybe set forth in the Policies &Procedures and/or the Sales Compensation Plan.
“Ambassador” means an independent contractor authorized by FluentWorlds to market FluentWorlds’ Products & Services, recruit other Ambassadors, and receive Bonuses,commission, credits, and/or other paymentsor compensation in accordance with the requirements of the Sales Compensation Plan and/or the Policies & Procedures.
“Ambassador Agreement” means theAmbassador application that must be completed and submitted to FluentWorlds in order to apply to become an Ambassador,and this agreement, and if applicable, the Business Entity Form; also, the Ambassador Agreement means and consists of four sections: (A) Definitions; (B) Productsand Services Agreement; (C) Mandatory and Binding Arbitration Agreement;and (D) Miscellaneous Provisions.
“Ambassador Starter Kit” means the kit that contains the Policies & Procedures, the Sales Compensation Plan, and the Ambassador Agreement, and other sales and demonstration materials to assist an Ambassador in starting and conducting their independent business selling FluentWorlds’ Products & Services, and recruiting others to do the same. An Ambassador Starter Kit is provided to all Ambassadors for the current price, typically $99 USD.
“Contract” means the agreement between FluentWorlds and me composed of this Products and Services Agreement (Section B); the Mandatory and Binding Arbitration Agreement (Section C); Miscellaneous Provisions (Section D);andthe Policies & Procedures, the Sales Compensation Plan, and materials pertaining to optional programs, as each may be amended, and are incorporated herein by reference. Wherever the context will so require, all words are deemed to include the plural as well as the singular, and to include all genders.
“Downline” means those individuals the Ambassador has recruited, or the recruits of the Ambassador’s recruits. It is a compensation structure, and as part of the Company’s compensation plan, Ambassadors are compensated based not only on one’s own product sales, but also on the product sales of one’s Downline.
“FluentWorlds” means the dba of Virtual Immersive Educational Worlds, Inc., a Delaware corporation. FluentWorlds is a trademark, and the Company reserves all rights to the use and/or licensure of the mark.
“Policies & Procedures” means the policies, in addition to the Ambassador Agreement, that governs how you, as anAmbassador, are to conduct your business and defines, or further defines as the case may be, the rights and relationships of the parties.
“Products & Services” means FluentWorlds’ products and services that are as detailed in the then-current official FluentWorlds’ products and pricing guide, and as updated from time to time.
“Sales Compensation Plan” means the specific plan that outlines the details and requirements of the compensation structure for Ambassadors.
The Products and Services Agreement is between Virtual Immersive Educational Worlds, Inc., dba FluentWorlds (hereinafter “FluentWorlds” or “Company”) and me.
1. Right to Market FluentWorlds’ Products & Services and Sponsor
Subject to the terms and conditions of the Contract, FluentWorlds grants to me: (a) the right to be anAmbassador and market FluentWorlds’Products & Services through person-to-person sales, and (b) sponsor new Ambassadors to be part of their sales organization.
2. Product Purchase
Subject to the then-current Policies & Procedures, FluentWorlds will offer to me, as an independent contractor, FluentWorlds’Products & Services, including possible discounts from time to time. I have the right to purchase FluentWorlds’Products & Services at the price stated by FluentWorlds, and agree that FluentWorlds may change FluentWorlds’ Products & Services prices without prior notice.
3. Independent Contractor
I acknowledge and agree that as anAmbassador, I am an independent contractor of FluentWorlds. As an independent contractor, I will:
I am not an employee, agent, or legal representative of FluentWorlds, and I am not authorized to act on behalf of FluentWorlds,except as may be permitted by theContract. Nothing in the Contract is intended or will be deemed to constitute a partnership, agency, employer-employee, or a joint venture relationship between FluentWorlds and me.
4. Marketing of Products and Services
(a) I understand that there are no minimum purchases or inventory requirements. I will promote the retail sale of FluentWorlds’Products & Services in accordance with the terms and conditions of the Contract.
(b) I agree not to make any claim(s) about FluentWorlds’Products & Services and the Sales Compensation Plan, unless they are contained in official FluentWorlds’ literature. I understand and agree that, in order to be eligible to receive Bonuses, I must meet all requirements outlined in the Sales Compensation Plan, including retail sales, and not be in violation of the terms of the Contract.
(c) I agree not to purchase any FluentWorlds’Products & Servicessolely for the purpose of qualifying for Bonuses.
(d) I agree to encourage, supervise and assist my Downline’s efforts to sell FluentWorlds’Products & Services.
Any FluentWorlds’ products or services purchased directly from FluentWorlds’ website are subject to the return policy as stated in this Ambassador Agreement, the website, or the then-current Policies & Procedures.
Respecting monthly subscriptions of customers, no refunds are given. In other words, all such monthly subscription sales are final.
Respecting annual subscription(s) of customers, if you cancel your subscription within the first 4-months of purchase of the subscription, then you will be entitled to receive a 50% refund. If a customer elects to cancel after 4-months,then there is no refund.
Any FluentWorlds’ products or services purchased from the iTunes Store or the Android Store, are subject to the return and/or refund policies of the iTunes Store or the Android Store, as the case may be.
In relation to the Ambassador program, you may receive a full refund of your Starter Kit fee if you elect to rescind the Ambassador Agreement within 3 days of purchase (Connecticut residents—may obtain a 100% refund for 30 days after submitting the Ambassador Agreement).
6. Outside the United States of America
Under this Ambassador Agreement, FluentWorlds grants to me the right to sponsor new Ambassadors in other Authorized Countries outside of the United States.
Under this Ambassador Agreement, FluentWorlds conditionally grants me the right to market and/or sell Products & Services outside of the United States, under certain condition, including that I acknowledge and provide to FluentWorldsthat every Country may have specific laws and requirements applicable to me as a seller and/or reseller of Products & Services in that Country, and provided that I abide and comply with all laws, statutes, and regulations of that Country, including but not limited to, all immigration, visa, and registration requirements; the Ambassador agrees to abide all the laws of the United States.
7. Payments and Disbursements
(a) FluentWorlds retains the right to have third-party administrator(s) distribute payments to Ambassadors. Subject to third-party administrators’ policies, FluentWorlds grants Ambassadors the right to elect how their payments are made/distributed, provided the FluentWorlds retains the right to control how often those payments are made, which is set forth in the then-current Policies & Procedures and/or Sales Compensation Plan.
(b) If the Ambassador elects direct deposit of Bonuses, I,Ambassadordo hereby authorize FluentWorldsand/or its third-party administrator to deposit the payment of any Bonuses to my account at the financial institution designated by me. This authorization will remain in full force and effect until: (i) FluentWorlds hasreceived written notice from me of my withdrawal from the direct deposit program;and (ii) FluentWorlds has a reasonable opportunity to make such a change pursuant to my notice. I understand that this authorization replaces any previous authorization and will remain in effect until FluentWorlds receives written notice of my withdrawal from the direct deposit program.
(c) I agree that I must notify FluentWorlds immediately: (i) prior to changing or closing the above account;or (ii) if my financial institution changes my routing number or account number. Failure to notify FluentWorlds of account number changes may delay my receipt of Bonuses. If I change my financial institution and/or account number, I must fill out a new Direct Deposit Authorization Form and send it to FluentWorlds before I close my existing account.
(d) FluentWorlds will not be liable to me for failing to access my account or provide direct deposits to my account in a timely manner, unless such failure or loss is a direct result of FluentWorlds’ gross negligence or intentional misconduct. FluentWorlds’ liability will not exceed the amount of the funds that would have otherwise been deposited.
This Ambassador Agreement will begin upon your sign-up as an independent contractor with the Ambassador program and will end when either you or the Company terminates your Ambassador status, or if your account is inactive in any continuous twelve-month period. An Ambassador may terminate this Ambassador Agreement at any time, and for any reason, by emailing the Company at the following email: email@example.com. The Ambassador may not transfer this Ambassador Agreement, or any duties or rights conveyed in this Ambassador Agreement, to any third party whatsoever. The Company may transfer this Ambassador Agreement to any party whatsoever, at any time, and this Ambassador Agreement shall remain in full force and effect, without notice to the Ambassador.
The Company may also terminate this Ambassador Agreement at any time, and for any reason, by writing to Ambassador at the email address listed in the Ambassador’s Profile, with 30-days notice. However, if this Ambassador Agreement should terminate for cause due to violation of theContract, this Ambassador Agreement shall terminate immediately and Ambassador shall forfeit all right to any commissions/payments then due.FluentWorlds retains the right to terminate Ambassadors for any non-compliance with the Contract, whether material or immaterial. Any violation of theContract requirements may result in immediate termination of your Ambassador status, and you shall forfeit any Bonuses/commissions/referral fees that may be due. Upon termination of this AmbassadorAgreement, the former Ambassador must remove all FluentWorlds’ marks, links and graphics from Ambassador’s website, and refrain from publishing the same in any manner whatsoever.In the event that Ambassador’s violation(s) of theContract results in harm or damages to the Company, then you shall be liable for liquidated damages in the amount of $2,500.00USD as well as actual and any consequential or actual damages that the Company may incur.
9. Right to Modify
FluentWorlds, and its associated companies may, in good faith, modify any of this Ambassador Agreement and/or the Contract, at any time and at its sole discretion, by emailing or texting the Ambassador, or by posting a change notice on the website. These changes will come into force immediately upon notification. The Ambassador’s continued participation in the Ambassador program following the said posting of a change notice shall constitute binding acceptance by the Ambassador of the change.
If any modification to this Ambassador Agreement is not acceptable to the Ambassador, the Ambassador’s only recourse is to terminate this AmbassadorAgreement. Upon termination of this AmbassadorAgreement, the former Ambassador must remove all FluentWorlds’ marks, links and graphics from Ambassador’s website, and refrain from publishing the same in any manner whatsoever.
This Mandatory and Binding Arbitration Agreement is between FluentWorldsand me.
1. THIS CONTRACT IS SUBJECT TO ARBITRATION. UTAH WILL BE THE EXCLUSIVE VENUE FOR ARBITRATION OR ANY OTHER RESOLUTION OF ANY DISPUTES ARISING UNDER OR RELATED TO THIS CONTRACT. The place of origin of this Contract is the State of Utah, USA, and it will be governed by, construed in accordance with, and interpreted pursuant to the laws of Utah, without giving effect to its rules regarding choice of laws. The exclusive venue for any and all Disputes will be in Salt Lake County, Utah. I consent to the personal jurisdiction of any courts within the State of Utah and waive any objection to improper venue.
2. I agree that any Dispute will be resolved and settled in accordance with and pursuant to the terms and conditions of this Contract, and by the rules and procedures set forth in Chapter 7 (Arbitration) of the Policies and Procedures or may be viewed online in the My Office section of a company website. The arbitration proceedings will be conducted in Salt Lake City, Utah. The arbitration will be conducted in the English language, but at the request and expense of a party, documents and testimony will be translated into another language. One arbitrator will be appointed to hear and decide disputes, which arbitrator will be selected by mutual consent of both parties. The parties will each bear their own costs and expenses and an equal share of the (i) cost of the arbitrator and (ii) administrative fees of arbitration. Neither the parties nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties. Judgment on any award rendered by the arbitrator may be entered in any court having jurisdiction.
3. A “Dispute” is defined as any and all past, present or future claims, disputes, causes of action or complaints, whether based in contract, tort, statute, law, product liability, equity, or any other cause of action, (i) arising under or related to this Contract, (ii) between other Ambassadors and me arising out of or related to an Ambassadorship, or our business relationships as independent contractors of the FluentWorlds, (iii) between FluentWorlds and me, (iv) related to FluentWorlds or its past or present affiliated entities, their owners, directors, officers, employees, investors, or vendors, (v) related to the FluentWorlds’Products & Services, (vi) regarding FluentWorlds’ resolution of any other matter that impacts my Ambassadorship, or that arises out of or is related to the Company’s business, including my disagreement with FluentWorlds’ disciplinary actions or interpretation of the Contract.
4. I AGREE TO ACCEPT AND BE BOUND BY THIS ARBITRATION AGREEMENT IF I ACCESS ANY FLUENTWORLDS’ WEBSITE, AND USE THE INFORMATION THEREIN, OR BY THE PURCHASE OF ANY FLUENTWORLDS’PRODUCTS & SERVICES MADE AVAILABLE THROUGH SAID WEB SITES, OR THE PURCHASE OF ANY PRODUCTS AND SERVICES FROM FLUENTWORLDS, OR IF I RECEIVE A BONUS.
1. Representations and Warranties
I represent and warrant that:(a) I am authorized to enter this Contract and that I have met all legal requirements to enter into a valid contract; (b) when executed and delivered by me and accepted by FluentWorlds as described herein, the Contract constitutes a legal, valid and binding obligation; (c) the information provided by me in the Contract is accurate and complete and if I have provided any false or misleading information authorizes FluentWorlds, at its election, to declare the Contract void from its inception; (d)if a citizen or permanent resident of the United States, then the social security number or federal tax identification number I provided in this Ambassadorapplication or Agreement is my correct tax payer identification number for United States income tax purposes;(e)if a business entity, such as a corporation, partnership, limited liability company, or any other form of business organization, it is legally formed under the laws of the jurisdiction in which it was organized, is currently in compliance with the laws of said jurisdiction, and that each member of the business entity has proper legal authorization to conduct business in said jurisdiction; and(f) neither I nor my partner/spouse (or if a corporation or other business organization, then any participant therein who is or should be listed on the Business Entity Form) have been engaged in sales activity in another Ambassadorship in the six months (one year in the case of those having held a directorlevel position under the Sales Compensation Plan) immediately preceding my sign up under my Sponsor identified in the Ambassador Agreement.
2. Authorization to Transfer Personal Information
In order for FluentWorlds to provide support for my Ambassadorship, I authorize FluentWorlds to transfer and disclose personal and confidential information, which: (a) I have provided to FluentWorlds in connection with my Ambassadorship and Downline Organization, or (b) that has been developed as a result of my activity as an Ambassador, to (i) its parent and affiliated companies, (ii) and to my FluentWorlds independent upline Ambassadors when necessary to ensure proper upline support, and (iii) to applicable government agencies or regulatory bodies if required by law. I further authorize FluentWorlds to use my personal information for Ambassador recognition and marketing materials.
3. Acceptance of Contract by FluentWorlds
The effective date of the Ambassador Agreement and Contract will be the date it is accepted by FluentWorlds, which will be: (i) the date that I execute the Ambassador Agreement electronically via the company’s Internet sign-up procedure and it is received and accepted, or(ii) the date a temporary account is set up, and in the discretion or FluentWorlds, my subsequent actions indicate an ongoing intent to pursue the business. The temporary account may be terminated by FluentWorlds, at its sole discretion.
4. Indemnity and Limitation of Liability
I will indemnify and hold FluentWorlds, and each of their shareholders, officers, directors and employees harmless from and against any claim, demand, liability, loss, action, causes of action, costs, or expenses, including, but not limited to, reasonable attorney’s fees, resulting or arising from, directly or indirectly, any acts or omissions by me in conducting my independent FluentWorlds business, including without limitation, breach of representations and warranties, material breach of the Contract and other agreements between the parties, or any other claims or causes of action.
(b) Limitation of Liability
I agree that FluentWorlds will not be liable for any special, indirect, direct, incidental, punitive, or consequential damages, including loss of profits, arising from or related to the breach of the Contract or other agreement between the parties. I agree that the entire liability of FluentWorlds for any claim whatsoever related to my relationship with FluentWorlds, including but not limited to any cause of action arising in contract, tort, or equity, will be limited to the cost of FluentWorlds’products and/or services that I have purchased from FluentWorlds.