Last Updated August 01, 2019
This Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement (“Release”) is made and
provided by the User/Participant (“Participant”), who is being permitted to participate in the program owned by
Rank and Bank (“Company”) to improve Amazon ranking and conversion (“Program”). The Participant desires to
participate in Rank and Bank’s course to improve their Amazon Ranking and conversions. Participant
acknowledges and agrees that entering into this Release is required as a condition to participating in the Program.
This Release shall be effective on the date of its execution and delivery by Participant.
In consideration of Company permitting Participant to participate in the Program, the undersigned, on behalf of
himself or herself, his or her personal representative, heirs, and next of kin, does hereby stipulate and agree:
ACKNOWLEDGMENT AND ASSUMPTION OF RISK. Participant understands and acknowledges that the Rank
and Bank Program activities that will take place involve inherent risks and are very dangerous, and that he or she
may sustain serious injury, including being suspended and banned on Amazon. Such risks and dangers may be
caused by the Participant’s own actions or inactions, the actions or inactions of others partakers in the Program,
the condition of the terms and service of Amazon, or the negligence of the Released Parties (as defined in Section
3 of this Release). Participant also acknowledges that any injuries he or she may sustain may be compounded
or increased by negligent or delayed rescue operations or procedures of the Released Parties. Participant further
acknowledges there may be other risks and economic losses, which may be known to the Participant or may be
unforeseeable, that are presented by participation in the Program. PARTICIPANT VOLUNTARILY AND FREELY
ASSUMES ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO ENTRY ONTO THE PROPERTY
AND PARTICIPATION IN THE RANK AND BANK PROGRAM ACTIVITIES, INCLUDING THE RISK OF INJURY,
DEATH, OR PERMANENT ACCOUNT DAMAGE.
PARTICIPANT’S REPRESENTATIONS. Participant acknowledges and represents that: (1) Participant is
qualified to participate in the Program; (2) Participant will at all times be aware that this program may cause
Participants account to be banned or suspended; (3) Participant understands that Rank and Bank will not be
liable for any damage that occurs to the Participants account from the use of Rank and Banks Program; (4)
Participant has fully read and understands each of the provisions of this Release, and prior to signing this Release
had the opportunity to consult with an attorney.
RELEASE FROM LIABILITY. Participant hereby agrees, on behalf of himself or herself, and his or her heirs and
personal representatives, to fully and forever discharge and release Company, their affiliates, and their respective
partners, agents, operators, managers, employees, and representatives, other participants in the Program,
(“Released Parties”) from any and all claims Participant may have or hereinafter have for any injury, temporary
or permanent damages, liabilities, expenses, costs, and/or causes of action, now known or hereinafter known in
any jurisdiction in the world, attributable or relating in any manner to Participant’s participation in the Program,
whether caused by the negligence of the Released Parties or by any other reason. Participant acknowledges and
agrees that this Release is intended to be, and is, a complete release of any responsibility of the Released Parties
for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained by
the Participant while on the Property or in any way related to the Program activities.
COVENANT NOT TO SUE. Participant agrees, for himself or herself, and all of his or her heirs and legal
representatives, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages
or cause of action against the Released Parties which Participant or his or her heirs or legal representatives may
have as a result of any personal injury, death or property damage the Participant may sustain while on the
Property or participating in the Program.
INDEMNIFICATION. Participant hereby agrees to defend, indemnify and hold harmless the Released Parties
from and against any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest,
penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of
life or damage to property sustained by reason of or arising out of Participant’s involvement in any of the Program
activities or Participant’s use of the Property, whether caused by the negligence of Released Parties or otherwise.
NO DUTY TO SUPERVISE. Participant acknowledges and agrees that he or she is aware that the Released
Parties have no duty to supervise the activities of any participant or spectator at the Program, or any other person
within the Property. The Released Parties assume no responsibility or liability for the acts or omissions of any
GOVERNING LAW. This Release agreement will be governed by and interpreted in accordance with the laws
of the State of Illinois, without giving effect to the principles of conflicts of law of such state. Participant agrees
that any action arising out of this Release must be brought exclusively in any state or federal court located in
Cook County, Illinois.
WAIVER. No waiver of any term or right in this Release shall be effective unless in writing, signed by an
authorized representative of the ECOMHUB. The failure of any party to enforce any provision of this agreement
shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such
provision or any other provision of this agreement thereafter.
SURVIVAL. Any provision of this Release providing for performance by either party after termination of this
agreement shall survive such termination and shall continue to be effective and enforceable.
COMPLIANCE. In the performance of the terms of this Release, use of the Property and participation in the
Program, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.
SEVERABILITY. If any provision or portion of this Release shall be held by a court of competent jurisdiction to
be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
ENTIRE AGREEMENT. This Release is the entire agreement between the parties with respect to the subject
matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral,
electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid
unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon
and inure to the benefit of the successors, assigns, and legal representatives of the parties.
BY PARTICIPATING IN THIS PROGRAM AND ITS INFORMTION PARTICIPANT HEREBY ACKNOWLEDGE
THAT PARTICIPANT HAS FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS. I,
PARTICIPANT ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY
TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I UNDERSTAND THAT I HAVE GIVEN
UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, AND ENTER THIS AGREEMENT FREELY AND