Terms and Conditions
This agreement (“Agreement”) that you are entering into with Tipnes Media Productions, LLC (“Company”) with its principal office located at 550 N. Reo St. Ste 250 Tampa, Florida 33609 is a legal document that details your rights and obligations. By visiting this website or using our tickets, goods and services you agree to be bound by the terms and conditions of this Agreement. If you do not agree please do not use or access our tickets, goods and services. The Company website and related services are offered to you conditioned upon your acceptance without modification of this Agreement. From time to time, it may be necessary for Company to update or revise certain provisions of this Agreement. By using this Web Site or using our tickets, goods and services and accepting the Agreement, you agree that Company may change the terms of this Agreement in its sole discretion without specific notice to you. If you don't agree to the changes proposed by Company, or to any terms in this Agreement, your only remedy is to cancel your use of the services offered under this Agreement. This Agreement may be amended by Company by posting a new version of this Agreement within the control panel or any place that you have access to in order to view the revised Agreement. Any new version of this Agreement will immediately replace in its entirety this Agreement.
1. Description of Service
Company operates a Web site and associated web pages, which, for purposes of this Agreement, will be referred to as the “Company Web Site(s)”. Company offers you access to the Company Web Sites and other services, training and events, including, but not limited to tickets to Company’s major speaking event that is held each year, a branding package that includes several deliverables including a seminar class, bootcamp, time to record in Company’s recording studio, and editing services by Company’s editors and a three (3) day bootcamp about branding or scaling your business (the “Service(s)”). Company offers you access to the Company Web Site and your agreement to accept and comply with the terms, conditions, policies and notices stated here and as may be modified by Company from time-to-time in its sole discretion without notice to you. Notwithstanding the foregoing, Company reserves the right to reject any registration for any reason. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to this Agreement.
2. General Use of the Company Web Site
You promise that you will not use the Company Web Site or the Service in whole or in part, for any purpose that is unlawful or prohibited by this Agreement. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Company Web Site. This means, among other activities, that you agree not to engage in the practices of screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the Service in any manner that could damage, disable, overburden, or impair the Company Web Site or interfere with any other party's use and enjoyment of the Company Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Company Web Site. Except with the written permission of Company, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Company Web Site. Unauthorized individuals attempting to access prohibited areas of the Company Web Site may be subject to prosecution.
3. Tickets, Branding Package and Bootcamp.
You agree that you are purchasing and will pay for the tickets, branding package, boot camp and/or any other goods and services as presented to you in an application, through the Company Web Site or as otherwise provided to you.
The branding package enables you to stretch and grow in your own professional and personal development. You understand that upon enrollment in the branding package you acknowledge that 100 reels are also contingent on useable content provided by you. An initial deposit payment is due upon completion of the form to secure your spot in the branding package. The initial deposit fee is final and non-refundable. The initial deposit will be applied toward the offer fee balance. The cost for participation in the branding package is $25,000 in FULL (at the event ONLY) or $2,000 deposit and payment plans. You must pay us at least $10,000 towards the branding package for us to be liable to start performing under this Agreement. You must pay the remaining balance of your offer investment prior to enrollment in the branding package. Payment must be made via credit card or bank wire transfer. When paying by bank wire transfer, you will be required to submit a copy of the receipt. Upon acceptance and receipt of the non-refundable initial deposit, which will be applied towards the offer fee, the branding package offers two payment options for the final balance due on the branding package pay in full or payment plan. You agree to pay the balance of the branding package fee according to the payment terms selected. Company does not deliver any content to you unedited
(i) All sales are final and credits are only allowed in limited circumstances, as explained in this section. Company may provide the option to request a credit for canceled, postponed, rescheduled, or moved event. Credits may be applied toward the purchase of eligible event tickets and ancillary purchases during the timeframe specified by the Company. The Company will determine which future events, venues, and ancillary purchases are eligible, as well as the amount of the credit (including any potential promotional amount). Credits are non-transferable, may not be sold, are not redeemable for cash, and may not be combined with other promotions.
(ii) Chargebacks and Other Refund Prohibitions. You agree that you will not attempt to evade, avoid, or circumvent any prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not dispute or otherwise seek a “chargeback” from the company whose credit card or other method of payment you used to purchase tickets. Should you do so, your tickets are subject to immediate cancelation, and we may, in our sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit future purchases from all persons in whose name the credit card accounts exist, and from any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Company Web Site.
4. Charges and Billing
You hereby authorize Company to charge your bank account or credit card in advance for all fees incurred by you in connection with your Company account and the Service you have chosen. In some cases, we will be charging your designated credit card or checking account every month, but some charges may accumulate on your account before they are charged to your card. It is your responsibility to notify Company if your credit card has expired and to make changes or your service may be disconnected or interrupted. All fees shall be paid in U.S. dollars. Company reserves the right to change our fees or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after Company posts such modification on the Company Web Site. Company also has the right to collect applicable taxes and impose premium surcharges for some areas of the service and these surcharges may apply immediately after you register for the Service. We expect you to pay your account balance on time. Amounts not paid by you to Company when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that Company may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances if you cancel any Service. You should let Company know about any billing problems or discrepancies within thirty (30) days after they first appear on your account statement. If you do not bring them to Company’s attention within thirty (30) days, you agree that you waive your right to dispute such problems or discrepancies.
6. Third Party Content
The Company Web Site contains content and information from third party providers and/or links to their Web sites (“Third Party Content”). Such content is not under the control of Company and Company is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. Company is providing such Third Party Content to you only as a convenience, and the inclusion of such content does not imply endorsement by Company of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use third party services, content, software, or sites. Company does reserve the right to remove content that, in Company’s judgment, does not meet its standards, but Company is not responsible for any failure or delay in removing such material. Company is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release Company (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
7. (a) DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, TO YOU AS TO ANY MATTER WHATSOEVER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF COMPANY’S OBLIGATIONS.
(b) LIABILITY LIMITATIONS:
UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF IN CONNECTION WITH YOU USE, OR INABILITY TO USE, THE COMPANY WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE COMPANY WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES ON OR OBTAINED THROUGH THE COMPANY WEBSITE, DELAY IN BECOMING OR YOUR FAILURE TO BECOME COMPLIANT. COMPANY SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, OR OTHER CAUSE OF ACTION (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, GOODWILL, PROFITS, INVESTMENTS, USE OF MONEY, OR USE OF FACILITIES; INTERRUPTION IN USE OR AVAILABILITY OF DATA; STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS; OR LABOR CLAIMS), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL COMPANY’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED A MAXIMUM OF ONE THOUSAND DOLLARS ($1,000.00) REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE.
(c) For any applicable Services used by you, Company will use industry standard practices to ensure that all pre-installed software is correctly configured. In case there is more than one way to configure any software, Company will choose the configuration it determines, in its sole discretion, to be the most appropriate. Company will install security patches, updates, and service packs as soon as practical. Software updates may change system behavior and functionality and as such may negatively affect your applications. Company cannot foresee nor can it be responsible for service disruption or changes in functionality or performance due to implementation of software patches and upgrades. If such disruption or changes occur, Company will provide its best efforts to remedy the situation as soon as possible after being notified of such problem by you. Company shall be in no way responsible for any loss or corruption of software used pursuant to the Services and loss or corruption of your data archived and/or placed with Company in any event. You understands that Company has informed them that loss or corruption of software and data may occur that is beyond the control of Company and Company has informed you that they strongly recommend that you maintain a complete data backup and software backup which is independent from Company and a disaster recovery plan. Neither Company and/or you shall be liable to the other for any failure to perform or delay in performance of any Agreement where such failure or delay is occasioned by Force Majeure or an Act of God (including but not limited to fire, embargo, labor strike or interruption of electrical services), or circumstances beyond such party’s control.
8. Company Software Licenses
Company provides you with a non-exclusive, non-transferable, limited license to use Company’s software, which you agree to use in accordance with this Agreement. You may not sub-license, or charge others to use or access, our software without first obtaining written permission from us. All software is owned by Company and/or its suppliers and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction, modification or redistribution of the software is expressly prohibited, and may result in severe civil and criminal penalties. Company’s software, its structure, sequence and organization and source code are considered trade secrets of Company and its suppliers and are protected by trade secret laws. WITHOUT LIMITED THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPORDUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
You agree to indemnify, defend, and hold harmless Company, its employees, members, directors, managers, officers or agents from and against any loss, liability, damage, penalty or expense (including attorneys' fees, expert witness fees and cost of defense) they may suffer or incur as a result of (i) any failure by you or any employee, agent or you of you to comply with the terms of this Agreement; (ii) any warranty or representation made by you being false or misleading; (iii) any representation or warranty made by you or any employee or agent of You to any third person other than as specifically authorized by this Agreement, (iv) negligence of you or your subcontractors, agents or employees, or (v) any alleged or actual violations by you or your subcontractors, employees or agents of any card association rules, governmental laws, regulations or rules.
10. Marketing Obligations & Compliance with Telemarketing Laws.
You agree that you, and not Company, are solely responsible for ensuring that its implementation and use of the Services, including, but not limited to any text-payments, text marketing, and email marketing complies with, and you agree to comply with, all applicable federal, state, local, and international laws and regulations, and all rules promulgated by any regulatory authority or any payment card network, including but not limited to those of Visa, Mastercard, American Express and Discover, in each case as amended from time to time by relevant authority. For the avoidance of doubt, Company will not provide any oversight, guidance, assistance, management, education, or advice to you with respect to the applicable laws that may govern the Services. You represent and warrant that you shall market and promote the Services in compliance with all federal, state and local laws, regulations, and rules, including, but not limited to, the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the rules and regulations of the Federal Communications Commission, the Telemarketing Sales Rule, the Do-Not Call Registry Act, the California Consumer Privacy Act (CCPA), and any other federal, state or local telemarketing laws (collectively, “Telemarketing Laws”). You acknowledge and agree that Company does not tolerate any violation of law, regulation, rule, including any Telemarketing Law in the performance of your obligations under this Agreement (i.e., there shall be no robo-calls, press 1 campaigns, text messaging, facsimile blasts, etc.). Company shall not be liable for any violation of Telemarketing Laws by you, and, to the fullest extent permitted by law, in addition to the indemnity obligations set forth under the Agreement, you agree to indemnify, defend, and hold harmless Company, its employees, members, managers, referral partners and agents from and against any claims, loss, liability, damage, assessment, penalty or expense (including attorneys' fees, expert witness fees and cost of defense) they may suffer or incur arising out of or related to Merchant’s use of the Services or violation of any Telemarketing Law, including but not limited to any fees, costs, losses, fines, assessments, or other penalties for noncompliance with any applicable laws. The Parties will not make any statement, or disseminate in any fashion, any information or document disparaging, critical, or otherwise negative or uncomplimentary regarding any other party, including, but not limited to, their past and present business operations, products, and services. The Parties agree to instruct their respective agents to abide by this non-disparagement provision.
11. Copyright and Trademark Notices
All materials on the Company Web Site (as well as the organization and layout of the Company Web Site) are owned and copyrighted or licensed by Company, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the Company Web Site is permitted without the written permission of Company. Any rights not expressly granted herein are reserved. Without Company’s prior permission, you agree not to display or use in any manner, any of Company trademarks, whether registered or not.
12. Intellectual Property
"Intellectual Property" means all of the following owned by a party: (i) trademarks and service marks (registered and unregistered) and trade names, and goodwill associated therewith; (ii) patents, patentable inventions, computer programs, and software; (iii) databases; (iv) trade secrets and the right to limit the use or disclosure thereof; (v) copyrights in all works, including software programs; and (vi) domain names. The rights owned by a party in its Intellectual Property shall be defined, collectively, as "Intellectual Property Rights." Other than the express licenses granted by this Agreement, Company grants no right or license to you by implication, estoppel or otherwise to any Intellectual Property Rights of Company. Each party shall retain all ownership rights, title, and interest in and to its own products and services and all intellectual property rights therein, subject only to the rights and licenses specifically granted herein. Company (and not you) shall have the sole right, but not the obligation, to pursue copyright and patent protection, in its sole discretion, for any Intellectual Property Rights incorporated therein. You will cooperate with Company in pursuing such protection, including without limitation executing and delivering to Company such instruments as may be required to register or perfect Company’s interests in any Intellectual Property Rights and any assignments thereof. You shall not remove or destroy any proprietary, confidentiality, trademark, service mark, or copyright markings or notices placed upon or contained in any materials or documentation received from Company in connection with this Agreement. Company shall own all rights, title and interest, including all intellectual property rights, in and to any improvements to the existing Company products or services and/or any new programs, upgrades, modifications or enhancements developed by Company in connection with rendering any Service to you, even when the same result from yours request. To the extent, if any, that ownership in such refinements and improvements does not automatically vest in Company by virtue of this Agreement or otherwise, you hereby transfer and assign (and, if applicable, shall cause its affiliates to transfer and assign) to Company all rights, title, and interest which you or any of its affiliates may have in and to such refinements and improvements. You will take all necessary action to assure Company’s property rights to its Intellectual Property Rights and any extensions thereunder will be protected.
Company reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
14. Termination and Cancellation
The initial term of this Agreement shall be for a period of two (2) years, commencing on the date first set forth below. This Agreement shall thereafter be automatically renewed for additional terms of one (1) year each unless either party notifies the other no later than thirty (30) days prior to the end of the current term that it does not wish to renew this Agreement. Company may cancel this Agreement for any reason, or no reason at all, by providing you with seven (7) days notice. All other provisions of this Agreement which may reasonably be construed as surviving such termination will survive the termination of this Agreement, including, but not limited to paragraphs 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 166.
15. Governing Law; Waiver of Jury Trial; Arbitration.
This Agreement will be governed by and construed in accordance with the laws of the State of Florida without reference to conflict of law provisions. Any action, proceeding, arbitration or mediation relating to or arising from this Agreement must be brought, held, or otherwise occur in the federal judicial district that includes Florida. PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. Any claim, dispute or controversy ("Claim") by either you or us against the other, or against the employees, agents, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other, arising from or relating in any way to this Agreement or to our relationship, including Claims regarding the applicability of this arbitration clause or the validity of the entire Agreement, shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association, under its Commercial Arbitration Rules in effect at the time the Claim is filed, except as otherwise provided below. All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law. Claims and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis. The arbitration will be conducted before a single arbitrator and will be limited solely to the Claim between you and us. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. If either party prevails in the arbitration of any Claim against the other, the non-prevailing party will reimburse the prevailing party for any fees it paid to the American Arbitration Association in connection with the arbitration, as well as for any reasonable attorneys' fees incurred by the prevailing party in connection with such arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. Any arbitration hearing at which you appear will take place at a location within the federal judicial district that includes Florida. This arbitration agreement applies to all Claims now in existence or that may arise in the future. Nothing in this Agreement shall be construed to prevent any party's use of (or advancement of any Claims, defenses or offsets in) bankruptcy or repossession, replevin, judicial foreclosure or any other prejudgment or provisional remedy relating to any collateral, security or other property interests for contractual debts now or hereafter owed by either party to the other. IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND COMPANY MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR A JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS), BUT EXCEPT AS OTHERWISE PROVIDED ABOVE, THOSE RIGHTS, INCLUDING ANY RIGHT TO A JURY TRIAL, ARE WAIVED AND ALL CLAIMS MUST NOW BE RESOLVED THROUGH ARBITRATION. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. General Terms
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable for any reason, the remaining provisions not so declared shall nevertheless continue in full force and effect, but shall be construed in a manner so as to effectuate the intent of this Agreement as a whole, notwithstanding such stricken provision or provisions. No provision of this Agreement shall be construed against any party merely because that party or counsel drafted or revised the provision in question. All parties have been advised and have had an opportunity to consult with legal counsel of their choosing regarding the force and effect of the terms set forth herein. This Agreement shall be deemed to be jointly prepared by the parties and therefore any ambiguity or uncertainty shall be interpreted accordingly. No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any different or subsequent breach. You may not assign this Agreement without the written consent of Company. Company may assign this Agreement in its sole discretion without the written consent of you. The section headings contained in this Agreement are for convenient reference only, and shall not in any way affect the meaning or interpretation of this Agreement. This Agreement, including all schedules, exhibits and attachments thereto, sets forth the entire agreement and understanding of the parties hereto in respect of the subject matter contained herein, and supersedes all prior agreements, promises, covenants, arrangements, communications, representations or warranties, whether oral or written, by any officer, partner, employee or representative of any party hereto. This Agreement shall be binding upon and shall inure only to the benefit of the parties hereto and their respective successors and assigns. Nothing in this Agreement, express or implied, is intended to confer or shall be deemed to confer upon any persons or entities not parties to this Agreement, any rights or remedies under or by reason of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida (irrespective of its choice of law principles). This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same the same instrument. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. By executing this Agreement by electronic means, Agent acknowledges that under the Electronic Signatures in Global and National Commerce Act (E-Sign), this Agreement and all electronically executed documents incorporated into this Agreement or related hereto are legally binding in the same manner as are hard copy documents executed by hand signature when (i) your electronic signature is associated with the Agreement and the incorporated or related documents, (ii) you consents and intends to be bound by the Agreement and the incorporated or related documents, and (iii) the Agreement is delivered in an electronic record capable of retention by the recipient at the time of receipt (i.e., print or otherwise store the electronic record).