By using the website, you signify your consent to these terms of use. If you disagree with these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by Kenny Wagner and LevelUp Ecom LLC (which includes employees of LevelUp, among others) (collectively the “Site”), is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
You agree that the Site itself, as well as all content, videos, training materials, products, services, and/or other materials made available on the Site by other third parties or us, as well as the look and feel of all of the preceding, (collectively referred to as the “Content”) are maintained for your personal use and information by LevelUp Ecom LLC (the “Company”) and are the property of the Company and its third-party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice and sound recordings, artwork, photos, documents, and text, as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless the Company expressly grants written permission. Modification of the Content or use of the content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit, or use the Site or any Content, including any software, tools, graphics, and sound files, for public or commercial purposes without the Company's express written permission.
All content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
All trade names, trademarks, images, and biographical information of people used in the Company Content and contained in the Site are either the property of, or used with permission by, the Company. The use of content by you is strictly prohibited unless expressly permitted by these Terms of Use. Any unauthorized use of content may violate the copyright, trademark, and other proprietary rights of the Company and third parties, as well as the laws of privacy and publicity and other regulations and statutes. Nothing contained in this Agreement or the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark, and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. Suppose you believe that your intellectual property rights are being violated and that any work belonging to you has been reproduced on the Site or in any Content in any way. In that case, you may notify the Company at kennysellsvegas@gmail.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
While the Company makes reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the Site's content.
When you register with the Company and this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto) and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise, without any acknowledgment or compensation to you.
The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system, whether or not password protected, can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
The Company will not intentionally disclose any personally identifying information about you to third parties except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS, OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES, YOUR EXECUTION OF YOUR BUSINESS PLAN, THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED, AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE, AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT THE USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS, AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. DUE TO THE NATURE OF THE DIGITAL PRODUCT, THERE ARE NO REFUNDS OFFERED.
You agree that you will pay for all products you purchase through the Company. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING THE COMPANY WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. ALL SALES OF PRODUCTS ARE FINAL. Prices for products offered by the Company may change at any time, and the Company does not provide price protection or refunds in the event of a price reduction or promotional offering. If a product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by the Company.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
If your purchase includes calls with the Company, you are responsible for scheduling them. All bookings are non-refundable. If you have to cancel your call, please email kennysellsvegas@gmail.com with the subject "CALL CANCELLATION- [date & time of your call]" no less than 48 hours before your call. If you do not show up to your call or reschedule within 48 hours, you forfeit your call.
You agree to indemnify and hold the Company and each of its directors, officers, employees, and agents harmless from any and all liabilities, claims, damages, and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or contentontent of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such an event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
This agreement shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Orange County, Florida. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should, therefore, periodically visit this page to review the current Terms.
Can the Licensee sell the Simply Passive? YES
Can the Licensee sell the unlimited amounts of Simply Passive? YES
Can the Licensee sell resell rights or master resell rights to Simply Passive? YES
Can the Licensee edit, modify, or alter the product or claim authorship or copyright of Simply Passive? NO
Can the Licensee change the name of the course, Simply Passive, inside the course if I sell registration into your course? No. You may add to the name and brand around the product but the product that is accessed through this method stays named Simply Passive. You can rebrand around it for sales and marketing purposes but the product that users will access if you sell a registration link will stay Simply Passive.
Will the Licensee receive the source files of Simply Passive? NO
Will the Licensee be able to download and edit the original source files? NO
Will the Licensee responsible for providing their own payment processor, and providing customer service to those you bought Simply Passive? YES
Can the Licensee include the Product in a bundle or package and sell it at a higher price? YES
Can the Licensee sell the Product for a lower price or discount? NO
Can the Licensee distribute the Product for free? NO
Can the Licensee offer the Product as a bonus to another product being sold? NO
Can the Product be sold on auction sites such as eBay.com? NO
Can video training included in the Product be modified in any way? NO
Is the minimum sale price for the Product $387 USD? YES
Can the Licensee sell the Product at any price point above $387 USD? YES
Can discounts be applied to the Product's sale price? YES, provided that the discounted price does not fall below the minimum sale price of $387 USD. We recommend $687 discounted down to $387 USD.
Can the Licensee sell the Simply Passive and offer a promo? NO. Simply Passive must marketed, listed & sold for a minimum of $387 USD. Promos such as gift cards back and cash back are not allowed & will result in removal from the course. You may offer your own digital products, services or 1-on-1’s as bonuses.
If you have any particular questions regarding these distribution rights, please reach out to hello@simplypassive.co.
WEBSITE TERMS AND CONDITIONS PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING OR USING ANY PRODUCT OFFERED BY THE DIGITAL COURSE, LLC, ALSO REFERRED TO AS “TDC,” OR ANY PRODUCT OFFERED BY KENNETH WILLIAM WAGNER (KENNY WAGNER | LEVELUP ECOM LLC), REFERRED TO AS “SELLER.” BY PURCHASING OR USING THIS PRODUCT, YOU, REFERRED TO AS “YOU” OR “PURCHASER,” ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
PRODUCT LICENSE: By purchasing the digital master resell rights product for THE DIGITAL COURSE or THE DIGITAL MINI or THE DIGITAL BUNDLE (hereinafter “THE DIGITAL PRODUCTS”), you are granted a non-exclusive license to resell the product to others with master resell rights. The Digital Products, along with the rights conferred, are NOT multilevel or network marketing. You may sell the product as many times as you wish and earn 100% profit for each sale you make. This is NOT a commission-based product or model. Seller is solely responsible for approving all sales of The Digital Products on their individual website. No access shall be granted to The Digital Products until after Seller confirms access.
LIMITATIONS: You shall not modify or alter any of The Digital Products in any manner whatsoever. However, you may brand your sales process to be your own, claim ownership over The Digital Products, and offer additional benefits or items in addition to The Digital Products on your individual website. The Digital Products cannot be downloaded and may only be accessed online after purchase and approval by Seller and creation of an account with TDC. Only one license may be conferred per sale from Seller to You in accordance with all agreements or documents cited in these Website Terms and Conditions. You shall not circumvent any of these restrictions and any attempt to do so, including downloading, modification, recording, or attempted recreation of The Digital Productsshall constitute breach of contract, theft and other criminal causes of action (which shall be prosecuted to the fullest extent of the law), and subject you to all available damages allowed by law, including $1 million payable as liquidated damages, and not as a penalty.
WARRANTIES: This product is provided "as is" without any warranties or guarantees. Seller and TDC make no warranties, express or implied, with respect to the product, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. There is no level of success or income guaranteed with the purchase of this product. Please refer to our FAQ’s and income disclosure statements.
INTELLECTUAL PROPERTY: All intellectual property rights in this product, including but not limited to copyright, trademarks, and trade secrets, are the sole property of TDC.
TERMINATION: Seller or TDC will never terminate this agreement, except in instances as required by law or due to your failure to adhere to any applicable agreements you have entered into with Seller or TDC. The Digital Products, once purchased, will forever be in possession of Purchaser (via online access only) for resale to a third-party so long as you remain compliant with all laws and any agreements or documents between Seller, Purchaser, and/or TDC. If Purchaser violates the Website Terms and Conditions, MRR User Agreement, Privacy Policy, or any other agreement referenced by any of the aforementioned documents, Purchaser’s access shall be restricted or revoked.
INDEPENDENT CONTRACTOR: Buyer agrees and understands that Buyer is an independent contractor, and not an employee, partner, owner or operator who bears no implied, actual, or apparent authority of Seller’s or TDC’s businesses. No parties are not engaged in a joint venture as a result of a purchase of The Digital Products.
REFUNDS: All sales of this product are final. Refunds will not be granted for any reason due to this product containing downloadable content, which is deemed “used” and not in the original state once purchased or downloaded.
LIABILITY: TDC shall not be held liable for any damages arising from the use or inability to use this product, including but not limited to direct, indirect, incidental, or consequential damages. You hereby certify and stipulate that you are in compliance with any and all applicable laws or thirdparty agreements. You shall indemnify and defend TDC against any and all causes of action, claims, or lawsuits unless you are able to prove by clear and convincing evidence that your acts, statements, or omissions have had no ill or negative effect on TDC. TDC bears no liability for Seller’s failure to confirm access as specified in these Website Terms and Conditions and all other referenced or incorporated documents.
You shall not disparage TDC in any manner.
GOVERNING LAW: This agreement shall be governed by and construed in accordance Florida law.
ENTIRE AGREEMENT: This agreement (Website Terms and Conditions), combined with the MRR User Agreement, Privacy Policy, and any other documents referenced by these documents, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements or understandings, whether written or oral, relating to the subject matter of this agreement. Should you choose to purchase any of The Digital Products, this Agreement shall consist of the Website Terms and Conditions, Privacy Policy, MRR User Agreement, as well as any other documents agreed to by both you and THE DIGITAL COURSE, LLC.
LEGAL WAIVERS: By entering into this Agreement (as specified in the preceding paragraph), You knowingly, willingly, and voluntarily waive any and all rights to trial by jury, as well as any right to seek class certification or bring any class action lawsuit against TDC.
By purchasing from Seller or using this digital master resell rights product from THE DIGITAL COURSE, LLC, you agree to be bound by the terms and conditions set forth in this Agreement and all other incorporated or referenced documents. If you do not agree to these Website Terms and Conditions and referenced or incorporated documents, do not purchase or use this product.
