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Fees
for each Enhanced Lifestyle Planner Processed Questionnaire are
currently as follows:
PLEASE
NOTE: Each processed questionnaire generates an individual report.
Combined reports when they become available require 2 processed
questionnaires.
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—Quantity
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—Price
Each in $CDN
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—Price
Each in $U.S.
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|
—10-25
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—$15.00
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—$10.00
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—26-50
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—$13.50
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—$9.00
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—51-150
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—$12.00
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—$8.00
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—151-500
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—$10.50
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—$4.00
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—501-1000
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—$9.00
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—$6.00
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—Over
1000
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—$7.50
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—$5.00
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Licenseee
has read the Qualification Requirements posted in
the Professional Fees sections within the Professional Services
Guest section of our web site and hereby states that he/she has
the minimum qualifications required. Otherwise Licensee hereby
declares that he/she has contacted us and has received in writing
a special exemption in writing from us concerning these minimum
qualifications. For that special exemption (if needed) please
e-mail your request to george@lifestyleplannner.com
Licensee
who have been certified will have the option to become listed
in our Directory of Licensed Certified Planners and benefit from
referrals for your services from the Corporate Sector and individual
clients. The one time fee to be listed on the Directory is $100
US or $150 in Canadian funds. Fees for making subsequent changes
if required are $50 US or $75.00 Canadian.
Any
changes to these fees may be changed without further notice at
the sole discretion of the Licensor. The Fees payable for ELP
reports and certification training will be posted in the Professional
Fees sections within the Professional Services Guest section of
our web site.
To
maintain his or her certification in good standing, Licensee agrees
to purchase a minimum of 15 Lifestyle Planner Enhanced Questionnaires
on each anniversary date of this Agreement. Failure to purchase
this minimum number of Questionnaires can lead to the termination
of the certification and this licensing agreement. Licensee understands
and agrees that any unused Enhanced Lifestyle Planner Questionnaires
must be used by him or her within 30 days of the termination of
this agreement, after which time, any unused questionnaires will
be forfeited.
All
purchases are final unless otherwise agreed in writing.
4. Hardware, Software and Procedures
Licensee agrees to use the required computer
hardware and software needed to process the Questionnaires and
Reports online and to download any of the required materials from
the web site. In addition to PowerPoint Version 4.0 or above which
is privately licensed by Microsoft Corporation, you will need
recent versions of Internet Explorer or Netscape, Real Player,
and Acrobat Reader. These are downloadble FREE of charge and the
addresses for downloading are posted in the Audio-Classes.
Licensee
also agrees to follow the procedures and instructions provided
by the Licensor for completing and processing the Enhanced Lifestyle
Reports and for downloading any of the required materials from
the web site.
Licensee understands that some of his/her clients may not have
the required hardware and software equipment to complete the ELP
on line and or to receive the ELP report via e-mail.
Licensee
agrees to complete all the Certification training program and
the homework assignments required during certification training
and to complete the Certification Exam.
5. Publishing and Copyright
The Licensor represents and warrants that,
to the best of its knowledge, it has the publishing rights of
the Enhanced Lifestyle Planner and that use of the Enhanced Lifestyle
Planner Questionnaires and the Report as permitted herein will
not infringe or violate copyrights, patent rights, or other proprietary
rights of any person or organization.
The
Licensee understands and agrees that the Licensor's name and the
appropriate copyright notices, which will appear on the report,
may not be removed by the Licensee.
The
Licensee also understands that the Licensor has the rights to
amend and modify at his own discretion both the Enhanced Lifestyle
Reports and the Questionnaires.
6. Limitation of Liability
The Licensee understands and agrees that the
Enhanced Lifestyle Planner is provided on an as is and as available
basis, and The Licensee agrees to use the Enhanced Lifestyle Planner
at his or her own sole risk.
Although
the Licensor will strive to make the access to the Licensor's
Internet site and the processing of the Questionnaires available
24 hours a day, seven days a week, Licensee understands and agrees
that the Licensor has not made any guarantees or promises that
the service will always be available and also agrees not to hold
the Licensor liable if the service ceases to becomes available
on a temporary or long-term basis. To this effect, the Licensor
does not make any warranties that the Enhanced Lifestyle Planner
will meet the Licensees' requirements, or that the processing
of the Enhanced Lifestyle Questionnaires will be uninterrupted,
timely, secure or error free.
In
addition, the Licensee agrees that any materials which are downloaded
from the Licensor's web site are at the Licensee's own discretion
and risk and that the Licensee will be solely responsible for
any loss of data or damage to any equipment, or data which may
result from downloading these materials.
Licensee
understands and agrees that the maximum extent of Licensor's liability,
regardless of any circumstances, will be the amount of fees paid
by the Licensee for the last order that has been placed.
7. No Transferability
The
Licensee may not assign, sub-license, or otherwise transfer this
license or any ELP unused questionnaires, to any other person,
corporation, partnership or other legal entity without the written
permission of the Licensor.
8. Severability
If
any of the provisions or portions of this Agreement is found to
be invalid by any court of competent jurisdiction, the remainder
of this Agreement shall nonetheless remain in full force and effect.
9. Limitations and Representations
Licensee
shall use the System and accompanying materials strictly with
his/her own clients and for no other purpose and agree to be bound
by the usage limitations and confidentiality and nondisclosure
provisions of this Agreement. Licensee shall not permit any person
or entity other than itself or an authorized assistant who agrees
to be bound by the usage limitations and confidentiality and nondisclosure
provisions of this Agreement, to use the System and accompanying
materials. Neither Licensee nor any authorized Assistant shall
be permitted to copy the System or any part or aspect thereof
in any form, nor use same for any purpose inconsistent with the
objectives of this Agreement and/or in a manner detrimental to
the rights of Licensor. Licensee shall not republish the System
in whole or in part, nor make it available to any other party
for research or any other purpose inconsistent with the objective
of this agreement, without the express written consent of North
American Lifestyle Planning Corporation first obtained in each
instance.
10. Confidentiality and Usage Restrictions
It
is expressly understood and agreed that the System and all accompanying
materials constitutes valuable proprietary products and trade
secrets of Licensor costing substantial sums of money and embodying
substantial creative efforts and confidential information. Licensee
acknowledges that any unauthorized disclosure or unauthorized
use of the System and accompanying materials will cause irreparable
harm and loss to Licensor. Licensee and any Assistant of the Licensee
who has been authorized by the Licensee to use the System and
accompanying materials, agree not to use the System and accompanying
materials for any purpose inconsistent with the objectives of
this Agreement and to observe complete confidentiality with regard
to the System and all information relating thereto and strictly
to observe all access and usage protocols as may be established
by Licensor, including without limitation not disclosing or otherwise
permitting access to the System and accompanying materials by
other parties.
Licensee
agrees to ensure that any authorized assistants who will be using
the System and accompanying materials are made aware of the confidentiality
nature of the System and limitations on Systems and accompanying
materials' use and to ensure that they and each of them are prohibited
from copying it in any form, revealing its content for any purpose
whatsoever, and using it for any purpose inconsistent with the
objectives of this Agreement and/or detrimental to the rights
of Licensor; nor providing or otherwise making available or permitting
the use of the System and any accompanying materials, whether
gratuitously or for valuable consideration, in any form, to or
for the benefit of any unauthorized third person or entity, and
taking any and all the actions necessary to ensure continued and
completed confidentiality of the System and the accompanying materials.
In
the event of a breach or threatened breach of this section, Licensor
shall be entitled to obtain appropriate ex parte injunctive relief.
However, nothing herein shall limit Licensor's rights and remedies
for breach of this Section or other provisions of this Agreement
or under federal and Ontario case and statutory law pertaining
to the protection of trade secrets and to unfair competition.
11. Surviving Obligations; Remedies
In
the event that Licensee makes improper use of the rights granted
herein, or in the event the Licensee's certification status is
no longer in good standing with North American Lifestyle Corporation,
Licensor shall have the rights to terminate this Agreement. Once
notice has been given, Licensee agrees to cease immediately the
use of any of the materials downloaded from the web site and which
are proprietary to the Licensor and/or the author George Beshara.
Licensor has the right to obtain an injunction to prevent such
misuse and to protect its rights as described in this Agreement.
Such right to injunctive relief shall be cumulative and in addition
to any right or remedy at law to which Licensor may be entitled.
12. Entire Agreement
This
Agreement constitutes the complete and exclusive statement of
the Agreement between the parties, which superseded all proposals
oral or written and all other communications between the parties
relating to the subject matter of this Agreement. This Agreement
also replaces all previous written agreements reached between
the parties concerning these programs.
13. The Applicable Law
This
Agreement will be governed by and construed in accordance with
the law of the Province of Ontario, Canada. The Licensee consents
to the jurisdiction by the provincial and federal courts in that
province and country.
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