Terms Of Service

Terms of Service

Please read these terms of use carefully.

By participating in The Ultimate Game, you signify your agreement to these Terms and conditions. If you do not agree to these Terms and conditions, you may not participate in The Ultimate Game.

In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services. If these Terms and conditions are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms and conditions will control.

I acknowledge and agree that the service selected will be delivered for the term of service after my credit card has been billed.  The above charge will appear on my card as “The Ultimate Game, Inc..”

Satisfaction Guarantee:

Live 21 Day Challenge

If you fully participate in the first 2 weeks and you're not completely satisfied with the program, we will refund your tuition upon request in writing within 2 days of the 2 week satisfaction guarantee window.

Note: You are paying for a total of 4 sessions taught in 1 month.  There are no refunds for missed sessions.  Recorded sessions will however be made available for your review.  You hereby give permission and release all rights for these sessions to be recorded and for these recordings to be reproduced as The Ultimate Game, Inc. sees fit.

Refund and Transfer Policy:  All responsibilities regarding payment remain with the original party.  You may defer, postpone, change the date or transfer your enrollment to the next scheduled game (up to 5 business days before the first session for which you are enrolled) without penalty and your payment schedule will remain the same based on original registration date. This program is non-refundable unless you fully participate in the entire program and are unsatisfied.

Warranties: You acknowledge that you are not relying upon any warranties, promises, guarantees, or representations made by us or anyone acting or claiming to act on behalf of us unless it is in writing and made a part of this agreement.  All advertising materials and all prior representations or agreements, if any, whether oral or written, are hereby superseded by this agreement.  This agreement contains the entire understanding and agreement between you and us and no addition or modification of any terms shall be effective unless set forth in writing and signed by you and us.  No one other than us has authority to modify the terms of this agreement.

You understand and agree to respect the intellectual property, materials and all content provided to you during the program and acknowledge this intellectual property is protected by Copyright, Trademark and Service Marks.

90 Day Challenge

If you fully participate in the first 30 days of the program (Show up to all the lessons, work with your accountability partner that we match you up with, use the online scorecard system which is monitored by your coach) and you're not completely satisfied with the program, we will refund your tuition upon request in writing within 2 days of the 30-day satisfaction guarantee window.

Note: You are paying for a total of 10 sessions taught over the next few months.  There are no refunds for missed sessions.  Recorded sessions will however be made available for your review.  You hereby give permission and release all rights for these sessions to be recorded and for these recordings to be reproduced as The Ultimate Game, Inc. sees fit.

Refund and Transfer Policy:  All responsibilities regarding payment remain with the original party.  You may defer, postpone, change the date or transfer your enrollment to the next scheduled game (up to 5 business days before the first session for which you are enrolled) without penalty and your payment schedule will remain the same based on original registration date. This program is non-refundable unless you fully participate in the entire program and are unsatisfied.

Warrantees: You acknowledge that you are not relying upon any warranties, promises, guarantees, or representations made by us or anyone acting or claiming to act on behalf of us unless it is in writing and made a part of this agreement.  All advertising materials and all prior representations or agreements, if any, whether oral or written, are hereby superseded by this agreement.  This agreement contains the entire understanding and agreement between you and us and no addition or modification of any terms shall be effective unless set forth in writing and signed by you and us.  No one other than us has authority to modify the terms of this agreement.

You understand and agree to respect the intellectual property, materials and all content provided to you during the program and acknowledge this intellectual property is protected by Copyright, Trademark and Service Marks.

Life Mastery Program:

When you register for The Ultimate Game of Life- Life Mastery Program you are required to fully participate in the first 30 days of the program, (show up to all of the lessons, work with your Accountability partner, use the online scorecard system and participate in your team calls) and if you are not completely satisfied with the program we will refund your tuition upon request in writing within 5 days of the 30 day satisfaction guarantee window. The value of any promotions, gifts or TUG3 Kits will be deducted from your refund amount. No refunds will be issued after the 30 day guarantee window because I am making a commitment to this program with the full understanding that once I begin this ongoing relationship that my tuition for this program becomes non-refundable and/or transferable. Requests for cancellations or transfers at that point will result in a loss of revenue for The Ultimate Game, Inc.. The Ultimate Game, Inc. promotes the program primarily at specific pre-determined live events. Because of the limited number of engagements we offer for event registration, as well as the limited number of space in each Coaching cycle, we also lose the ability to fill your space and the revenue of potentially selling the new space. This policy will be strictly enforced and your cooperation is greatly appreciated. Any refunds approved will be delivered by the same method in which payment was received. If any products are received in conjunction with the offer, they must first be returned in excellent, unopened condition in order for any refund or credit to be processed. (Shipping and handling costs are not refundable and all items must be shipped back at your expense.) Any approved refunds will be issued within 30 days of The Ultimate Game, Inc. receipt of the returned products (if required).

NOTE: All long distance charges are my responsibility.  There are no refunds for missed sessions. Recorded sessions for webinars will however be made available for review via webinar replay.  I hereby give permission and release all rights for these sessions to be recorded and for these recordings to be reproduced as The Ultimate Game, Inc. sees fit. Transfer Policy: All responsibilities regarding payment remain with the original party.  If signing up for a 9 or 12 month challenge, you may defer, postpone, change the date or transfer your enrollment to the next scheduled game (up to 5 business days before the session for which you are enrolled) without penalty.   For workshops, there is a $100 cancellation fee or $75 transfer fee with notification up to 2 weeks prior to workshop.

**Course transfer credits are valid for 1 year from the date of cancellation, regardless of whether the course originally registered for is offered again within this time period. Transfer credits can be used towards a different program if it takes place prior to expiration of your transfer credit should the program you originally registered for be discontinued or is not offered again in that time period. All dates & locations subject to change without notice.

All cancellations must be made in writing and delivered by mail (249 S. Hwy 101 #407, Solana Beach, CA 92075), faxed to 888-335-3880 or emailed to support@TheUltimateGameofLife.com. Voicemail and verbal correspondence do not constitute written cancellation notice. Cancellation notice will be deemed to be the date on which The Ultimate Game, Inc. receives the written notification.

Should the client fail to notify The Ultimate Game, Inc. in writing of any changes and not participate in The Ultimate Game of Life Coaching Program, there will be no refunds, credits or transfers available.

Warrantees: You acknowledge that you are not relying upon any warranties, promises, guarantees, or representations made by us or anyone acting or claiming to act on behalf of us unless it is in writing and made a part of this agreement.  All advertising materials and all prior representations or agreements, if any, whether oral or written, are hereby superseded by this agreement.  This agreement contains the entire understanding and agreement between you and us and no addition or modification of any terms shall be effective unless set forth in writing and signed by you and us.  No one other than us has authority to modify the terms of this agreement.

I understand and agree to respect the intellectual property, materials and all content provided me during the program and acknowledge this intellectual property is protected by Copyright, Trademark and Service Marks.

We grant you a limited license to access and make personal use of the program. No Content of the program or any Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the program. Your use of Content on any other website or computer environment is strictly prohibited.

The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the program or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the program or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.

The client agrees that The Ultimate Game, Inc. and/or their representatives are not responsible for any applicant’s other related expenses, such as long distance.

You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms and conditions. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE PROGRAM OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE PROGRAM OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE PROGRAM OR $100.00.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW MAY NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms and conditions at any time without notice, and it is your responsibility to review these Terms and conditions for any changes. Your use of the program following any change to these Terms and conditions will constitute your assent to and acceptance of the revised Terms and conditions.

These Terms and conditions are effective until terminated by either you or us. You may terminate these Terms and conditions prospectively at any time by discontinuing your access to and use of the program and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. If you terminate these Terms and conditions, you shall notify us by sending notice of such termination by certified United States mail, postage pre-paid to:

The Ultimate Game

249 S. Hwy 101 #407 Solana Beach CA 92075

We may terminate these Terms and conditions (including your access to and use of the program) without cause and without notice to you, in our sole discretion. Upon termination, you must cease any access to or use of the program and destroy all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms and conditions or otherwise. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

The provisions of these Terms and conditions, which by their nature should survive the termination of these Terms and conditions, shall survive such termination.

These Terms and conditions, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms and conditions, will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if these Terms and conditions were a contract wholly entered into and wholly performed within the State of California. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute relating in any way to your participation in the program or to products you purchase through the program shall be submitted to confidential binding arbitration in San Diego County, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in San Diego County, California, United States of America, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under these Terms and conditions shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration.

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and conditions shall be joined to an arbitration involving any other party subject to these Terms and conditions, whether through class arbitration proceedings or otherwise.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms and conditions or your use of the program. Nothing contained in these Terms and conditions is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the program or information provided to or gathered by us with respect to such use. A printed version of these Terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Our failure to enforce any provision of these Terms and conditions or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms and conditions as to that breach or any other.

If any provision of these Terms and conditions is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

These Terms and conditions constitute the entire agreement between you and us regarding the program and supersedes any prior or contemporaneous agreement regarding that subject matter.