LIMITATIONS OF LIABILITIES AND DISCLAIMERS
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO
EVENT SHALL UMI OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS
PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER
DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS
AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A
THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE,
SERVICE, OR PRODUCT, REGARDLESS OF WHETHER CLICKFUNNELS HAS HAD
NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS
INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF
DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES
OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE
MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY
OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL UMI LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE
AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO UMI FOR THE
MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM
AGAINST UMI OCCURRED OR ONE-THOUSAND DOLLARS ($1,000), WHICHEVER IS
GREATER.
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS
ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND
YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU
AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS
MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING
CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU
AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE
RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT,
SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR
MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING
A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR
OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR
MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE
OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN
ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON
AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT
(INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY
DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree to first contact us at
info@unitymovementusa.org to attempt to resolve the dispute or controversy informally. Any
controversy or claim arising out of or related to the use of the Website, any product, service, or
software, these Terms, the Privacy Policy, any affiliate agreement, or your relationship with us
that cannot be resolved through such informal process or through negotiation within 120 days
shall be resolved by binding, confidential arbitration administered by the American Arbitration
Association (“AAA”), and judgment on the award rendered may be entered in any court having
jurisdiction thereof. We agree that any claim we may have against you or your business will also
be subject to this arbitration provision, except as provided in Sections 19 and 20 below. The
arbitration will be conducted by a single neutral arbitrator in the English language in Dakota
County, Minnesota, unless we both agree to conduct the arbitration by telephone or written
submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot
agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in
accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in
effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at
www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole
authority to resolve any dispute relating to the interpretation, construction, validity, applicability,
or enforceability of these Terms and Conditions of Use and Sale, the Privacy Policy, this
arbitration provision, and any other terms incorporated by reference into these Terms and
Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to
determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole
authority to determine whether this arbitration agreement can be enforced against a non-
signatory to this agreement and whether a non-signatory to this agreement can enforce this
provision against you or UMI.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules.
In all other respects, the parties shall each pay their own additional fees, costs, and expenses,
including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of Minnesota without regard to its
conflicts of laws principles. Any award rendered shall include a confidential written opinion and
shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
Judgment on the award rendered by the arbitrator may be entered in any court of competent
jurisdiction.
You and UMI agree that disputes will only be arbitrated on an individual basis and shall not be
consolidated, on a class wide, representative basis, or with any other arbitration(s) or other
proceedings that involve any claim or controversy of any other party. You and UMI expressly
waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular
claim will not constitute a waiver of any rights to require arbitration at a later time or in
connection with any other claims except that all claims must be brought within 1 year after the
claim arises (the 1 year period includes the 120-day informal resolution procedures described
above).
This arbitration provision sets forth the terms and conditions of our agreement to final and
binding confidential arbitration and is governed by and enforceable under the Federal Arbitration
Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with UMI, bankruptcy,
assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability
would allow arbitration to proceed as a class or representative action), then this entire arbitration
provision shall be rendered null and void and shall not apply. If a portion of this arbitration
provision (other than the class action waiver) is deemed unenforceable, the remaining portions of
this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT
TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR
CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER,
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY
AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN
ACCORDANCE WITH THIS ARBITRATION PROVISION.
DISCLAIMER - YOUR INDIVIDUAL RESULTS WILL VARY
Every online class experience is different. Therefore, individual results will vary from user to
user. YOUR INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF
FACTORS UNIQUE TO YOU, INCLUDING BUT NOT LIMITED TO THE WAY YOU ACT
ON THE PRINCIPLES OUTLINED IN THE AVAILABLE CONTENT.
UMI does not promise, guarantee, or warrant your success. You understand and
acknowledge that UMI will not at any time provide you with anything other than what we
have available in the content delivered to you. Those who purchase our products or
services will receive access to tools to create their own varied results. However, we do not
guarantee your success and based upon many factors that we cannot control, the tools we
provide may or may not be applicable to your specific area of ministry. Further, we do not
make claims, efforts claims, or claims that our tools, or other trainings will make you any
specific amount of money or guarantee your success in ministry. You should not purchase
our products or services if that is your expectation. Instead, you should purchase with the
understanding that using the information here, you will take time and effort and may be
applicable in some situations but not others. Also, we do not offer any tax, accounting,
financial, or legal advice. You should consult your accountant, attorney, or financial
advisor for advice on these topics.
YOUR RESPONSIBILITIES IN RUNNING YOUR CLASSES
You agree that you will only use UMI for lawful purposes and that you shall not use such
products or services, whether alone or in connection with other software, hardware, or services,
for any unlawful or harmful purpose. You are solely and exclusively responsible for complying
with any and all applicable laws and regulations in going through these classes, including, but
not limited to, all laws governing advertising and marketing claims, subscriptions, refunds,
premium offers, tax laws, and all additional laws applicable to your business. UMI shall have no
liability for your violation of any laws. You agree to indemnify UMI in the event that you and/or
your business violates any law and a claim is threatened or asserted against UMI as a result.
DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS
AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS
AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY,
AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON
THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY
DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE
SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN
COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B)
THE WEBSITE, SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D)
THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE
WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS
IN THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S)
THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
UMI’S ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to UMI, in the event of any breach or threatened
breach by you of the provisions of this Agreement or any infringement or threatened
infringement by you of the intellectual property of UMI or a third-party, UMI shall be entitled to
seek a temporary restraining order and preliminary and permanent injunctions or other equitable
relief from a court of competent jurisdiction located in Dakota County, Minnesota restraining
such breach, threatened breach, infringement, or threatened infringement. Nothing in this
Agreement shall be construed as prohibiting UMI from pursuing in court any other remedies
available to it for such breach, threatened breach, infringement, or threatened infringement,
including the recovery of monetary damages from you and your business. You and your business
hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the
courts of Dakota County, Minnesota for all such claims, and forever waive any challenge to said
courts’ exclusive jurisdiction or venue.
INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless UMI,
its directors, officers, employees, shareholders, licensors, independent contractors,
subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against
any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind,
including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution,
arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or
attempt to use the Website, software, products, or services, (2) information you submit or
transmit through the Website, (3) your breach of these Terms, the documents they incorporate by
reference, the Agreement, or the representations and warranties provided by you in this
Agreement, or (4) your violation of any law or the rights of a third-party.
NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT ACT
If you believe that materials or content available on the Website infringes any copyright you
own, you or your agent may send UMI a notice requesting that UMI remove the materials or
content from the Website. If you believe that someone has wrongly filed a notice of copyright
infringement against you, you may send UMI a counter-notice. Notices and counter-notices
should be sent to UMI at info@unitymovementusa.org or UMI 1512 Woodhill Rd Burnsville MN
55337.
THIRD-PARTY LINKS
The Website may contain links to other websites. UMI assumes no responsibility for the content
or functionality of any non-UMI website to which we provide a link.
TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY
ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”,
“PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit
information through the Website, respond to a request for information, begin installing,
accessing, or using the Website, complete a purchase, select a method of payment, and/or enter
in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we
suspect that you have failed, to comply with any term or provision of the Agreement or violated
any law, whether in connection with your use of UMI or otherwise, we may terminate the
Agreement or suspend your access to the Website at any time without notice to you.
Upon termination, you remain responsible for any outstanding payments to UMI.
NO WAIVER
No failure or delay on the part of UMI in exercising any right, power or remedy under this
Agreement may operate as a waiver, nor may any single or partial exercise of any such right,
power, or remedy preclude any other or further exercise of such right, power, or remedy, or the
exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or
obligation under this Agreement shall only be effective if in writing and signed by UMI official
signatory.
GOVERNING LAW AND VENUE
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or
your access to or use of the Website, or any matter concerning UMI, including your purchase and
use or attempted use of any service or product, shall be governed exclusively by the laws of State
of Minnesota without regard to its conflicts of laws principles. To the extent that any claim or
dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded
from the arbitration agreement, the parties agree any such claim or dispute shall be exclusively
brought in and decided by the state or federal courts located in Dakota County, Minnesota, and
you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in,
such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All
such claims must be brought on an individual and non-class, non-representative basis, and you
forever waive any right to bring such claims on a class wide or representative basis.
FORCE MAJEURE
UMI will not be responsible to you for any delay, damage, or failure caused or occasioned by any
act of nature or other causes beyond our reasonable control.
ASSIGNMENT
UMI may assign its rights under this Agreement at any time, without notice to you. Your rights arising
under this Agreement cannot be assigned without UMI’S (or its assigns’) express written consent.
ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication.
When you communicate with UMI through or on the Website or via other forms of electronic
media, such as e-mail, you are communicating with the company electronically. You agree that
we may communicate electronically with you and that such communications, as well as notices,
disclosures, agreements, and other communications that we provide to you electronically, are
equivalent to communications in writing and shall have the same force and effect as if they were
in writing and signed by the party sending the communication.
CHANGES TO THE AGREEMENT
You can review the most current version of the Terms at any time at www.charleskaruku.com. We
reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, by
posting updates and changes to our Website. It is your responsibility to check our Website
periodically for changes. Your continued use of or access to our Website following the posting of any
changes to the Agreement constitutes acceptance of those changes.
YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or
the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate,
and/or have the right to bind the business for which you are using the Website; (3) have read this
Agreement and thoroughly understand and agree to the terms contained in this Agreement; and
(4) that you will not re-sell, re-distribute, or export any product or service that you order from the
Website. You further represent that UMI has the right to rely upon all information provided to
UMI by you, and UMI may contact you and your business by email, telephone, or postal mail for
any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii)
inquiries about any orders you placed, or considered placing, on or through the Website.
You further represent and warrant that there are no prior or pending government investigations or
inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade
Commission, any other federal or state governmental agency, or any industry regulatory
authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any
time during the life of the Agreement you, or any business related to You, becomes the subject of
a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other
federal or state governmental agency, or any industry regulatory authority anywhere in the
world, or the subject of any lawsuit, you will notify UMI of the same within 24 hours. ILM, at its
sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit
identified pursuant to this paragraph or otherwise discovered by UMI without incurring any
obligation or liability to you.
SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent
jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby
and shall continue in full force and effect and such provision may be modified or severed from
this Agreement to the extent necessary to make such provision enforceable and consistent with
the remainder of the Agreement.
ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or
in respect to the Website constitutes the entire agreement and understanding between you and
your business and UMI and governs your access to and use of the Website and your ordering,
purchasing, and use and/or attempted use of any service or product, and supersedes and replaces
any prior or contemporaneous agreements, representations, communications, and proposals,
whether oral or written, between you and UMI. We may also, in the future, offer new services
and/or features through the Website. Such new features and/or services shall also be subject to
these Terms, the Agreement, and any policies or operating rules posted by us on the Website.
Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed
against the drafting party.