8. NON-SOLICITATION:
From the date of this Agreement until 12 months after the termination of this Agreement (the “Restricted Period”), Member will not, without The Conquer AMZ Academy’s prior written consent, directly or indirectly, solicit or encourage any employee or contractor of The Conquer AMZ Academy or it’s affiliates to terminate employment with, or cease providing services to The Conquer AMZ Academy or it’s affiliates.
9. DISPUTES & APPLICABLE LAW:
By signing below, to the extent permitted by the applicable law, Member, Member’s assigns, and partners forfeit all right to bring a suit or any kind against The Conquer AMZ Academy, Conquer ONL or any person associated with The Conquer AMZ Academy (including but not limited to The Conquer AMZ Academy Leaders, Mentors, Ambassadors, Sourcing Agents, Affiliates, or Members) for any reason whatsoever. Members waive the right to participate in a representative capacity or as a member of any class of claimants against The Conquer AMZ Academy and Conquer ONL Pty ltd.
This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of South Australia and Queensland and subject to the exclusive jurisdiction of the federal and state courts located in South Australia and Queensland, AUSTRALIA. If any part of this Agreement is held to be invalid, the remaining parts will continue to be valid and enforceable.
10. LIMITATION OF LIABILITY:
THE CONQUER AMZ ACADEMY (CONQUER ONL PTY LTD) PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE CONQUER AMZ ACADEMY AND ITS EMPLOYEES, SHAREHOLDERS, DIRECTORS, STAFF, CONSULTANTS, AGENTS, AFFILIATES, LEADERS, MENTORS, AMBASSADORS, OTHER MEMBERS, OR ANYONE ELSE AFFILIATED WITH THE CONQUER AMZ ACADEMY EACH EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE CONQUER AMZ ACADEMY SHALL NOT BE LIABLE, UNDER ANY LEGAL OR EQUITABLE THEORY OF LAW, WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, BUSINESS, CONTRACTS, REVENUE, GOODWILL, PRODUCTION, AND ANTICIPATED SAVINGS OR DATA, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE CONQUER AMZ ACADEMY’S AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED THE FEES PAID BY MEMBER TO THE CONQUER AMZ ACADEMY ON PURCHASE OF THE ACADEMY.
11. CONFLICT OF INTEREST
The purchaser of The Conquer AMZ Academy (“Member”) may not compete against or sell the same product as The Conquer AMZ Academy Coaches/Founders (Veronica, Eric, Chris) are selling on Amazon Australia, US, Canada, Germany or any other marketplace. If a member does directly compete against The Conquer AMZ Academy Coaches/Founders, they will be asked to leave the academy without refund and legal action may be taken against the member.
10. MISCELLANEOUS:
The rights and obligations under this Agreement which, by its nature and context, are intended to survive expiration or termination of this Agreement, will survive any such expiration or termination. The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement creates any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the Parties, and neither Party has authority to contract for or bind the other Party in any manner whatsoever. Member (i.e., business owner) and Member’s business entity are jointly and severally liable for compliance with this Agreement. This Agreement will be construed without regard to any presumption or rule requiring construction or interpretation against the Party drafting an instrument or causing any instrument to be drafted. This Agreement, and any other documents incorporated herein by reference, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter. In the event of a conflict between this Agreement and any other documents incorporated herein by reference, this Agreement shall control. This Agreement may not be assigned by a Member to another person without the prior express written consent of The Conquer AMZ Academy. Any assignment in violation of this section is void.