Terms of Service
Our Websites, www.katebagoy.com, www.sixfigurefreelancers.com, www.portfoliosthatconvert.com and www.globalcreativeceo.com (the “Websites”) and any related publication that you subscribe for us to send to you (the “Journal”) are owned and operated by SIX FIGURE FREELANCERS LLC and SIX FIGURE FREELANCERS LLC DBA KATE BAGOY (“SIX FIGURE FREELANCERS”, “we”, “us” or “ours”).
The Websites and Journal may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Websites, or sent via any email services on the Websites, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Websites. It is a condition of your use of the Websites and Journal that you do not:
- Restrict or inhibit any other user from using and enjoying the Websites or Journal.
- Use the Websites or Journal to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Websites or Journal or their features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Websites or Journal.
- Use the Websites or Journal to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to the Websites or Journal, or any account, computer system, or network connected to this Websites, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Websites or Journal.
- Use the Websites or Journal to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use the Websites or Journal to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Websites or Journal to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the Websites or Journal to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Websites or Journal to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
SIX FIGURE FREELANCERS may host message boards, chats and other public forums on its Websites. Any user failing to comply with these Terms of Service may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. SIX FIGURE FREELANCERS or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by SIX FIGURE FREELANCERS staff, SIX FIGURE FREELANCERS’s outside contributors, or by users not connected with SIX FIGURE FREELANCERS, some of whom may employ anonymous user names. SIX FIGURE FREELANCERS expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of SIX FIGURE FREELANCERS or any of its subsidiaries or affiliates.
SIX FIGURE FREELANCERS has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Websites or Journal. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
The Websites and the Journal are intended for persons over the age of 16 only. To use the Websites (without registering for an account to purchase products via the Websites) and subscribe to receive the Journal or other marketing or promotional material from us (in any form and via any media) you must be 16 years of age or over. If you are under 16 and you wish to use the Websites (without registering for an account to purchase products via the Websites) or subscribe for the Journal you must get consent from your parent or guardian before doing so. If you have already subscribed for the Journal or other promotional or marketing material and you are under the age of 16 but you do not have consent from your parent or guardian, please inform us immediately by email to firstname.lastname@example.org.
In order to register for an account to purchase any product via the Websites, you must be over the age of 18.
We are a company registered in Delaware, so we have complied with applicable laws of the United States of America in making the Websites, the Journal and their content available to you. If the Websites or a Journal is accessed by you from outside of the United States, this is entirely at your risk. We make no representation that the Websites or the Journal and their content are suitable for use outside of the United States. If you choose to access or use the Websites or the Journal from or in locations outside the United States, you do so on your own initiative and are responsible for:
ensuring that what you are doing in that country is legal; and
the consequences and compliance by you with all applicable laws, regulations, byelaws, codes of practice, licenses, registrations, permits and authorizations (including any laws that relate to businesses providing services).
To use certain features of the Websites or Journal, you will need a username and password, which you will receive through the registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Intellectual Property Rights
The “Kate Bagoy” name and logos and all related names, including “Six Figure Freelancers with Kate Bagoy,” “Portfolios that Convert,” and “Global Creative CEO,” design marks, and slogans are the trade marks or service marks of us or our licensors.
We are the owner or the licensee of all intellectual property rights in the Websites and our programs, and in the material published in them. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the site and the programs for your personal reference and you may draw the attention of others within your organization to such material.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
All trademarks, service marks, trade names and photography are the property of SIX FIGURE FREELANCERS LLC or Licensee. No use of these may be made without the prior written consent from SIX FIGURE FREELANCERS LLC or Licensee. The logo, designs, advertisements, and photographic images described or displayed on the site are the intellectual property of SIX FIGURE FREELANCERS LLC MAY NOT BE USED WITHOUT PERMISSION.
You must not use any part of the materials on the Websites or in our programs for commercial purposes without obtaining a license to do so from us or our licensors.
Our Limited License to You. This Websites and Journal and all the materials available on the Websites and Journal are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Websites and Journal is provided solely for your personal noncommercial use. You may not use the Websites or Journal or the materials available on the Websites or Journal in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Websites or Journal. You may, however, from time to time, download and/or print one copy of individual pages of the Websites or Journal for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Websites, Journal, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to SIX FIGURE FREELANCERS from their creation. Thus, SIX FIGURE FREELANCERS shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as SIX FIGURE FREELANCERS determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to SIX FIGURE FREELANCERS all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that SIX FIGURE FREELANCERS has the right but not the obligation to use and display any postings or contributions of any kind and that SIX FIGURE FREELANCERS may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Websites or Journal so long as the link does not state or imply any sponsorship of your site by us or by the Websites or Journal. However, you may not, without our prior written permission, frame or inline link any of the content of the Websites or Journal, or incorporate into another Websites or other service any of our material, content or intellectual property.
Throughout the Websites or Journal, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on Websitess linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not SIX FIGURE FREELANCERS. Neither SIX FIGURE FREELANCERS nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, SIX FIGURE FREELANCERS neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized SIX FIGURE FREELANCERS representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITES OR JOURNAL AND BY SIX FIGURE FREELANCERS AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITES OR JOURNAL OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITES, INCLUDING THE JOURNAL, BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITES OR JOURNAL OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless SIX FIGURE FREELANCERS its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Certain sections of the Websites or Journal may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Websites or Journal, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s Websites and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Websites or Journal.
Your participation, correspondence or business dealings with any third party found on or through our Websites or Journal, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that SIX FIGURE FREELANCERS shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Websites. You agree to use the Websites and Journal and to purchase services or products through the Websites or Journal for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITES, INCLUDING OUR JOURNAL, MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE WEBSITES OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITES, JOURNAL, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE WEBSITES OR JOURNAL, OR WITH ANY OF THESE TERMS OF SERCICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS WEBSITES IS CONTINUALLY UNDER DEVELOPMENT AND SIX FIGURE FREELANCERS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:
The WEBSITES AND JOURNAL OFFER HEALTH AND WELLNESS INFORMATION AND ARE DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
WITH REGARDS TO FINANCIAL CONTENT ON THE SITE:
NEITHER SIX FIGURE FREELANCERS LLC NOR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND AGENTS ARE FINANCIAL ADVISERS AND NOTHING CONTAINED ON THE SITE IS INTENDED TO BE OR TO BE CONSTRUED AS FINANCIAL ADVICE.
SIX FIGURE FREELANCERS LLC DOES NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR. IT EXISTS FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY.
THE EDUCATION AND INFORMATION PRESENTED HEREIN IS INTENDED FOR A GENERAL AUDIENCE AND DOES NOT PURPORT TO BE, NOR SHOULD IT BE CONSTRUED AS, SPECIFIC ADVICE TAILORED TO ANY INDIVIDUAL. YOU ARE ENCOURAGED TO DISCUSS ANY OPPORTUNITIES WITH YOUR ATTORNEY, ACCOUNTANT, FINANCIAL PROFESSIONAL OR OTHER ADVISOR.
Commentary and other materials posted on the Websites or in our program material are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the site or person who accesses or uses the Company’s material.
You assume sole responsibility for results obtained from the use of the site and/or the Company’s programs, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you in connection with the site or our programs, or any actions taken by us at your direction.
We may cancel or terminate your right to use the Websites or Journal or any part of the Websites or Journal at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Websites or Journal affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Websites or Journal, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
All digital downloads, including but not limited to ebook purchases, templates or video trainings, are protected by the DCMA and are 100% non-refundable.
By enrolling in a coaching program, you are committing to yourself, your business and to getting the support you need… therefore all your payments, including any deposit, are non-refundable after 24-hours.
Why 24-hours? Because it would be difficult for a scammer to steal 100% of my trademarked training materials in less than a day, and I also know that EVERYONE has accidentally committed to something and then realized it was a mistake. Like the time I bought a car from Dick Hannah. That mistake is still paying off 15 years later in monthly spam & ‘warranty expiration’ calls.
Point is, I feel you should have *some* recourse if major buyers remorse kicks in, you accidentally overdrafted your account or suddenly decide to move to the Himalayas to study with monks.
But after a day, you’ve committed to yourself to a life-changing program and it’s time to get to work.
Questions before you commit? Email email@example.com and I’ll get back to you strait away.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by SIX FIGURE FREELANCERS infringe your copyright, you, or your agent may send to SIX FIGURE FREELANCERS a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon SIX FIGURE FREELANCERS actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to SIX FIGURE FREELANCERS a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. SIX FIGURE FREELANCERS’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: firstname.lastname@example.org.
These Terms of Service shall be binding upon and inure to the benefit of SIX FIGURE FREELANCERS and our respective assigns, successors, heirs, and legal representatives. Neither these Terms of Service nor any rights hereunder may be assigned without the prior written consent of SIX FIGURE FREELANCERS Notwithstanding the foregoing, all rights and obligations under these Terms of Service may be freely assigned by SIX FIGURE FREELANCERS to any affiliated entity or any of its wholly owned subsidiaries.
Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.