Terms & Conditions:
These terms and conditions act as a contractual agreement (“Agreement”) between you and The Raptors Group, LLC (“TRG”, “us”, “we”, “our”), and applies to your use of www.TheRaptorsGroup.com (“Site”) as well as the purchase of a membership available through the Site. If you do not agree to be bound by the terms of this Agreement as detailed herein, please do not use or access the website. YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT IN YOUR JURISDICTION.
By agreeing to these Terms & Conditions, you expressly agree to mandatory arbitration to resolve any legal claims against us and waive your right to pursue a jury trial or participate in a class action lawsuit filed against us. Learn more below in Section 17.
- UNITED STATES AUDIENCE. This Site and the services and products offered through it are intended for citizens of the United States jurisdiction. We do not envisage offering services or products to citizens of or individuals located in the European Union nor monitoring said individuals pursuant to Article 3(2) of the General Data Protection Regulation nor monitoring EU citizens as contemplated in the Regulation. Should you be classified as such, you should cease and desist using this Site.
- MEMBERSHIP OPTIONS. You may browse the publicly available sections of the Site at not cost. You may also purchase a membership to gain access to proprietary information and content as described on the Site and in the Membership Benefits section following this Section. To view these payment options, please visit the [Membership Options Page]. Payment options listed on the page are incorporated herein by reference and this Agreement shall apply to all current and future membership options. We reserve the right to modify these plans at any time, but said modification shall only become effective upon providing you notice as detailed herein. You may only register once for an account with the Site. If you have any problems registering, please contact us. You agree to provide complete and accurate information in the sections provided on the registration form. You further agree to provide accurate information for a payment source that you are authorized to use.
- MEMBERSHIP TERM. This Agreement will become effective on the date your initial payment for membership is accepted and will continue in force for one calendar year from that date unless you affirmative cancel the membership. TRG membership is an ongoing educational program that requires you renew your membership each year (unless otherwise stated in your membership agreement).
- RECURRING CHARGE FOR MEMBERSHIP. You may renew your membership on an annual basis. We will not automatically charge you for a renewal year, but will contact you 30-60 days prior to the end of your membership for information on renewing (unless otherwise stated in your membership agreement). If you wish to renew prior to hearing from us, please contact us via email or 800-975-8644 to do so.
- MEMBERSHIP BENEFITS. As a member, you are entitled to the following benefits.
A) Services: TRG agrees to provide the following to you as part of your membership with us:
- Access to TRG’s website via user name and password.
- Printed and website version manuals
- Personal growth educational material to assist Member in creating new patterns of behavior, to assist in achieving business and financial goals.
- Goals & Planning strategies and tools
- Business evaluation tools and techniques.
- Investing education evaluation tools and techniques
- Statistics and charting page for tracking and improving your business
- Specifically designed calculators to help you in your business and investing decisions.
- Assignments that are specific to each section of the program to help you learn and grow your knowledge of business and investing concepts
- Periodic continuing educational webinars by Guest Speakers in specific fields of business and investing, available either live with registration or for later viewing by the Member.
B) Guest Expert Speakers. Guest Expert Speakers are not employees of TRG. As such, TRG is not responsible for any advice the speakers may give to you or that you may seek from them, either during a webinar or outside of a webinar. The TRG’s Guest Speaking Experts are guest teachers who provide different types of investing information and techniques. There is NO PERFECT WAY TO INVEST AND ALL INVESTMENTS HAVE SOME TYPE OF RISK. The Guest Teaching Experts will provide very basic exposure to many different types of investing. The webinars should be considered an introduction to the topic presented, and you should investigate and pursue due diligence before pursuing a particular course of investments. If you retain the services of any Guest Speaking Expert, you acknowledge and agree that services provided by a Guest Speaking Expert are not in any way being provided by, through, or on behalf of TRG. You also acknowledge that the live webinars are presented based on availability of guests speakers and that ‘periodic’ webinars means there is no specific or regular webinar schedule. Although we will make every effort to have webinars on a regular schedule, we do not promise or guarantee that any webinars will be presented in any specific time frame. You further acknowledge and agree that neither TRG nor its agents, employees, owners, members, officers or others acting on its behalf, are in any way liable for any acts or omissions by such Guest Speaking Expert.
- MEMBERSHIP REFUNDS AND CANCELLATIONS. The Raptor’s Group only goal is to help you succeed in your business and financial life. We are so confident that you will really enjoy and learn from this ongoing education program, that we offer a 14-DAY FULL REFUND TRIAL PERIOD. Look through the program, start working on the manuals and assignments, explore the entire site, and if you feel it isn’t for you, we will happily give you a full refund within the 14-day trial period. Please call us at 1-800-975-8644 or email us at firstname.lastname@example.org if you have any questions or if we can help you in any way.
A) If you wish to cancel a membership within the allotted time noted herein, you will need to return to TRG all materials provided to you as part of the membership, including but not limited to TRG manuals. Refunds will not be issued until such materials are returned in undamaged condition. Your password and ability to access the site will be revoked with your cancelation.
B) We reserve the right to cancel any paid membership account without cause, and will issue a partial refund for any unused time remaining in the membership should it have been allowed to remain open until the end of the membership period in question.
- LIMITATION OF MEMBERSHIP BENEFITS AND EXCLUDED SERVICES. You acknowledge and agree that the TRG is an education resource and DOES NOT PROVIDE ANY INVESTMENT ADVICE, but solely information about many topics related to personal growth, goal setting, staff/employee basics, business management, and investment concepts. The services to be provided by TRG are strictly limited to those enumerated in the Membership Benefits section. Membership does not entitle you to any other rights or benefits, including but not limited to any ownership or other interest in TRG. ALTHOUGH THE MATERIALS AND INFORMATION PROVIDED BY TRG MAY INCLUDE GENERAL INVESTMENT, TAX, AND LEGAL CONCEPTS, YOU ACKNOWLEDGE THAT TRG PROVIDES NO INVESTMENT, TAX, OR LEGAL ADVICE. ANY STATEMENTS OR REPRESENTATIONS BY AN EMPLOYEE OR AGENT OF TRG REGARDING INVESTMENTS, PROFITABILITY, TAXES, OR LEGAL ISSUES, WHETHER ORAL OR IN WRITING, ARE NOT BINDING UPON, IMPUTED TO, OR ATTRIBUTABLE TO TRG OR TRG’S AGENTS, EMPLOYEES, OWNERS, MEMBERS, OR OFFICERS, AND ARE NOT MADE WITHIN THE SCOPE OF EMPLOYMENT OF SUCH EMPLOYEE OR AGENT. YOU ACKNOWLEDGE THAT YOU WILL SEEK THE ADVICE OF A CERTIFIED FINANCIAL PLANNER OR OTHER QUALIFIED CONSULTANT, ACCOUNTANT, OR ATTORNEY REGARDING INVESTMENT, TAX, AND/OR LEGAL MATTERS.
- NON-COMMERCIAL USE. You expressly agree to use the Site for non-commercial purposes unless first obtaining permission from us.
- PROPRIETARY AND CONFIDENTIAL INFORMATION. You hereby acknowledge that you may gain access to and learn certain confidential or proprietary information regarding TRG and its business, including, without limitation, all the following materials and information (whether or not reduced to writing and whether or not patentable or protected by copyright): trade secrets; inventions; processes; formulas; programs; computer programs developed by or for use in TRG’s business; scripts or other material used in TRG’s marketing activities; all production methods and materials lists used in connection with the services provided by TRG; TRG’s business plans and marketing and sales strategies; technical data; financial and accounting information; identities or lists of present or prospective clients; suppliers or vendors; and other confidential or proprietary information relating to TRG or its business (collectively “Proprietary Information”). You hereby promise not to disclose or use, or induce or assist in the disclosure or use of, any Proprietary Information for perpetuity.
- LICENSE. We grant you a non-exclusive, non-sub licensable, non-transferable license and right to access the non-membership areas of the Site, purchase a membership to view the areas of the site containing member-only content, and obtain physical manuals as part of your membership. You understand and agree you have no right to copy, modify, edit, create derivative works from, distribute, sell, rent, share, or republish any information or content provided on the Site or in the physical manuals we send you without our express, written consent. You further understand no ownership right in any content on this Site or the physical manuals provided is being granted to you.
- CONFIDENTIALITY OF USERNAME AND PASSWORD. When registering for a membership, you will be given access to the Site that requires your use of a username and password. You are entirely responsible for maintaining the confidentiality of the username and password. You may not use the account, username, or password of someone else at any time. You may not give your account, username, or password to anyone else to use at any time. You agree to notify us immediately of any unauthorized use of your account, username, or password. We will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
- VIOLATIONS. If you breach any term of this Agreement, we may, in our sole discretion, terminate your access to the Site without a refund. We reserve the right to seek all remedies available by law and in equity for such breaches.
- NO WARRANTIES. TRG HEREBY DISCLAIMS ALL WARRANTIES. WE ARE MAKING THE SITE AND ANY OTHER MATERIALS AND SERVICES PROVIDED TO YOU BY US AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE AND ANY OTHER MATERIALS AND SERVICES PROVIDED TO YOU BY US. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRG EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND ANY OTHER MATERIALS AND SERVICES PROVIDED TO YOU BY US, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TRG DOES NOT WARRANT THAT THE SITE AND ANY OTHER MATERIALS AND SERVICES PROVIDED TO YOU BY US WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE AND ANY OTHER MATERIALS AND SERVICES PROVIDED TO YOU BY US WILL BE UNINTERRUPTED OR ERROR-FREE.
- LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL TRG BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY US. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OF FORM OF ACTION. SHOULD WE BE FOUND LIABLE IN ANY ACTION BROUGHT BY YOU, THE PARTIES AGREE THE MAXIMUM DAMAGES YOU MAY RECOVER AGAINST US ARE THE TOTAL PAID MEMBERSHIP FEES YOU HAVE BEEN CHARGED. IF YOU HAVE NOT PAID MEMBERSHIP FEES, THE MAXIMUM RECOVERY SHALL BE $500.
- EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
- SITE TERMINATION. We reserve the right to no longer make available all or part of the Site at any time in our sole discretion.
- USER-GENERATED CONTENT. We may allow you to post to certain areas of the Site. We are under no obligation to review any messages, posts, information, or content (“User-Generated Content”) posted on the Site by users and assume no responsibility or liability relating to any such postings. Notwithstanding the above, users are forbidden from posting the following:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including, but not limited to any material which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
- Advertisements or solicitations of any kind.
- Messages posted by users impersonating others.
- Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
- Messages by non-spokesperson individuals purporting to speak on behalf of us.
- Messages that offer unauthorized download of any copyrighted or private information.
- Chain letters of any kind.
20. ARBITRATION AGREEMENT. By agreeing to these Terms and Conditions, you agree to resolve any claim that you may have against TRG on an individual basis in arbitration, as outlined in this Arbitration Agreement section. This will preclude you from bringing any class, collective, or representative action against TRG, and also prevent you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against TRG by someone else.
A. Agreement to Binding Arbitration. You and TRG agree that any dispute, claim or controversy arising out of or relating to (i) these terms and conditions or the existence, breach, termination, enforcement, interpretation or validity thereof, or (ii) your access to or use of the Site or manuals provided by TRG at any time will be settled by binding arbitration between you and TRG, and not in a court of law. You acknowledge and agree that you and TRG are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and TRG otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and TRG each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
B. Right To Opt-Out. We are providing you with the right to opt-out of this Arbitration Agreement by notifying us in writing within 30 days of visiting the Site for the first time. To opt-out, use the Contact Us form linked to in the menu of the Site and explain you wish to “opt-out of arbitration agreement” in the submitted message.
C. Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitration issues, including issues relating to whether this Agreement is unconscionable or illusory and any defense to arbitration.
Notwithstanding any choice of law or other provision in this Agreement, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant to it. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of California and the parties expressly agree the venue of any action shall be in state court in San Diego County, California or the federal court of the United States District Court, Southern District of California in San Diego, California, as appropriate for the particular claims asserted.
D. Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration. We hereby consent to receive such notifications via our Contact page. The Arbitrator will be either (1) a retired judge or (2) an attorney specially licensed to practice law in the State of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (30) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
E. Location and Procedure. Unless you and TRG otherwise agree, the arbitration will be conducted in San Diego County, California. If your claim does not exceed $15,000, then the arbitration will be conducted solely on the basis of documents you and TRG submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim does not exceed $25,000, then the arbitration will be conducted on the basis of documents you and TRG submit to the Arbitrator and each parties presence by phone or in person, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $35,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
F. The Arbitrator’s Decision. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only for the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. The parties shall bear their own attorneys fees associated with the arbitration proceeding.
G. Fees. The parties shall each pay one-half of all fees charged by the Arbitrator and AAA.
H. Changes. If TRG changes this Arbitration Agreement after the date you first agreed to this Agreement (or to any subsequent changes), you may reject any such change by providing TRG written notice of such rejection within 30 days of the date such change became effective. This written notice must be provided by contacting us using the Contact Us function on the Site. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you agree that you will arbitrate any dispute between you and TRG in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to this Agreement.
I. Severability and Survival. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these terms and conditions; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must, therefore, proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
J. Should a court of competent jurisdiction or Arbitrator rule this arbitration clause invalid in its entirety, the parties agree this Agreement shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to rules regarding conflicts of law. The parties further agree the choice of forum and venue for litigating any disputes shall be in the state court in San Diego County, California or the federal court of the United States District Court, Southern District of California in San Diego, California, as appropriate for the particular claims asserted.
- COMMUNICATION. When you contact us or obtain a membership, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute proper written communication in compliance with any and all legal notice requirements.
- USER CONTENT. By posting, uploading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you grant TRG, its affiliates, officers, directors, employees, consultants, agents, and representatives a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to use User Content in connection with the Internet business of TRG, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
- COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
- AFFILIATED SITES. From time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) owned by third parties. You acknowledge and agree that TRG makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and, unless expressly provided otherwise, these Terms shall govern your use of any and all third party content.
- PROHIBITED USES. TRG imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing;” (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by TRG; or (f) automatically or manually scraping or copying the content from the Site without our consent. Any violation may subject you to civil and criminal liability.
- INDEMNITY. You agree to indemnify, defend, and hold harmless TRG, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. TRG will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- COPYRIGHT. All contents, excluding user generated content, Copyright 2018 The Raptors Group, LLC. All rights reserved.
- SEVERABILITY; WAIVER. If a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable or null, all other terms will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
- NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, logos, or copyrights of TRG.
- MODIFICATIONS. TRG may, in its sole discretion, modify or amend this Agreement at any time. TRG shall post notice of any such changes on the Site in an area available to you before logging into the member area and shall email you notice of such changes should we have an email address for you. Your decision to continue to use the Site upon such notice shall constitute your acceptance of any amendments to this document. You may choose to reject the amendments by terminating your use of the Site.
Please contact us if you have any questions regarding this agreement.