Passion to Profession Terms and Conditions


These Terms and Conditions (the “Agreement” or “Terms and Conditions”) apply to Services provided by Scotty Wiese Magic LLC (“Scotty Wiese Magic,” or “we,” “our” or “us”).


These Terms and Conditions are in addition to any Website disclaimer and apply to the sale of our Services, including but not limited to any Online Course and/or Consulting and/or Course Materials.  Please read these Terms and Conditions carefully before purchasing an Online Course and print a copy for your records. If there is any conflict between any Website and Course Materials, policies and other terms on the Website (collectively, “Website Terms”) and these Terms and Conditions, these Terms and Conditions shall have priority.


By clicking on the “Accept” button and using our Services, you agree to fully comply with and be bound by this Agreement.  If you do not accept this Agreement, do not access and use our Services; you must cease to continue to purchase any Services from us.


Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. These Terms and Conditions and the Website Terms constitute the entire and only agreement between you and Scotty Wiese Magic, and supersede all other agreements, representations, warranties and understandings with respect to our Services and the subject matter contained herein and therein.


  1. Definitions


In addition to other definitions within this Agreement, these terms have the following meanings:


“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party receiving the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the receiving party.


“Consulting” means the private business strategy phone session with Scotty Wiese as well as any question and answer calls, emails, or interviews provided by us in connection with the Online Course and Course Materials.


“Content” collectively means all text, information, graphics, audio, video, and data offered through our Website.


“Course Materials” means the information provided by Scotty Wiese Magic to accompany a course provided as part of the Services in hard copy or electronic form.


“Fees” means the fees paid by you via the Website or other means to Scotty Wiese Magic for the Services.


“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.


“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely.


“Services” means the provision of the Online Course and/or Consulting and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website. Services represent the collective functionality and features as offered through our Website to our Members.


“Website” means passiontoprofession.com


“you” means the individual purchasing the Services.


2. The Services


2.1. A description of the Services together with the dates on which the Services will begin are available on our Website.  We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.


2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.


2.3 We expect you to confirm that the Services you are purchasing will meet your needs.  We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.


3. Ordering Services


In order to purchase any of the Services on-line, you must register for an account with us via the Website. If you already have an account with us or with the Website host, you can log into your account using your user name and password. “Visitor” is someone who merely browses our Website, but has not registered as Member.

A “Member” is an individual that has registered with us to use our Services.


4. Cancellation


We provide Members a Money Back Guarantee if they are not satisfied for any reason. This refund must be requested within 60 days of the date of payment for the Services and acceptance of this Agreement. To obtain this refund, contact [email protected].


5. Links to Other Websites


Our Website may contain links to third party websites. These links are provided solely as a convenience to you.  The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites.  Scotty Wiese Magic has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.


6. Liability


6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.

6.2. Although Scotty Wiese Magic aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programs or Course Materials and any reliance by Member on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.

6.3. Except to the extent that they are expressly set out in these Terms and Conditions and Website Terms, no conditions, warranties or other terms shall apply to the Services.  Subject to clause 6.5, no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).

6.4. Subject to clause 6.5 below, Scotty Wiese Magic’s total liability arising from or in connection with these Terms and Conditions and in relation to anything which we may have done or not done in connection with these Terms and Conditions and the Services (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Consulting in relation to which a dispute has arisen.

6.5. Nothing in this Agreement shall exclude or limit Scotty Wiese Magic’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under applicable law may not be limited or excluded.

6.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.


7. Intellectual Property



7.1. Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks or other Intellectual Property Rights, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.


 Intellectual Property Rights in the Course Materials, Online Courses and the advice given in Consulting are, and remain, the intellectual property of Scotty Wiese Magic or its licensors, whether adapted, written for, or customized for the Member or not.


7.2. You are not authorized to:-

(i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;

(ii) record on video or audio tape, relay by videophone or other means the Online Course or Consulting provided;

(iii) use the Course Materials or any Consulting information in the provision of any other course or training whether given by us or any third party trainer;

(iv) remove any copyright or other notice of Passion to Profession or Scotty Wiese Magic on the Course Materials or Content;

(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.

Breach by you of this clause 7.2 shall allow us to immediately terminate these Terms and Conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses and Website.

7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive license to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and receiving the Consulting.

7.4. You may provide or submit written or verbal feedback and comments about the Services and Website and/or written, picture, or video testimonials (such feedback, comments, and testimonials are collectively referred to as “Testimonials”) for use by us on this Website or elsewhere by Scotty Wiese Magic. By submitting a Testimonial, you agree to the all the terms in these Term and Conditions and in the Privacy Policy; in the case of a conflict between 7.4 and the  Terms and Conditions and Privacy Policy, the Terms and Conditions and Privacy Policy will take precedence.

(i) Ownership of Testimonials.  Upon sharing or submitting your Testimonial, you hereby assign to Scotty Wiese Magic all of your right, title and interest in and to your Testimonial, including all copyrights and other intellectual property rights therein, with full authority to copyright, reproduce, publish, make derivative works of, or otherwise use, in any manner and via any form of media Scotty Wiese Magic deems advisable, for any purpose, throughout the world, all or any part of your Testimonial.

(ii) Testimonial Release.  By submitting a Testimonial, you agree that Scotty Wiese Magic may use and publish your name, voice, photograph, drawing or other likeness of you and any descriptive, biographical or other written materials you provide, and all associated rights of personality or publicity, in any manner Scotty Wiese Magic may deem advisable in connection with its use of your Testimonial. You agree that you are not entitled to any financial compensation or other value for Scotty Wiese Magic’s use of your Testimonial. You agree that Scotty Wiese Magic may use your Testimonial with or without your name or with a fictitious name, and may make reasonable edits or alterations to your Testimonial, provided that the meaning of your comments and statements is not substantially changed.

You hereby waive any right of approval with respect to use of your Testimonial and any materials created by Scotty Wiese Magic in connection with your Testimonial, and you hereby release and agree to hold harmless Scotty Wiese Magic, its agents, employees and assigns, and anyone authorized by any of them, from any and all claims, rights, demands, damages, actions or liability which you, your heirs, executors, administrators or assigns, may have in connection with such use, the resulting advertising, or these terms. You understand that Scotty Wiese Magic has no obligation to use your Testimonial, and may elect to use or not to use your Testimonial (or any derivative work created from your Testimonial) in Scotty Wiese Magic’s sole discretion.

(iii) Representations and Warranties.  You represent and affirm that:

(a) you, and only you, made your Testimonial voluntarily;

(b) it contains your own opinion;

(c) it is based on your own experience(s) with Scotty Wiese Magic or one of its partners, clients and/or its services; and it is true and correct to the best of your knowledge. You represent and affirm that you will contact Scotty Wiese Magic in writing if at any time your opinion about Scotty Wiese Magic or its services, as expressed in your Testimonial, should change and you wish to retract your Testimonial. You represent and affirm that your beliefs were not influenced in any manner and that, other than as expressed in this Section 7, you have not received nor have been promised anything of value in exchange for making your Testimonial. You further represent and affirm that the facts stated about you in your Testimonial are substantially true and accurate, and that neither you nor any member of your family is an employee of Scotty Wiese Magic.

You represent and warrant that you are the original creator of your Testimonial, and that your 

Testimonial does not: a) infringe any copyright or other intellectual property right of any other person or company; (b) contain defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable material; (c) violate the privacy of any individual;(d) disparage or otherwise refer to any other company, product, or service; or (e) contain any malicious code or other technical means of impairing, damaging, or obtaining unauthorized access to any computer or computer system. You further represent and warrant that these terms in Section 7, and your compliance with them, do not in any way conflict with any existing commitments on your part; and that you have the full right to enter into this agreement without violating the legal or equitable rights of any third party.

(iv) Indemnity.  You agree to indemnify and defend Scotty Wiese Magic against any and all claims by third parties arising out of or in connection with your Testimonial, except to the extent such claims arise from Scotty Wiese Magic’s editing or alteration of your Testimonial. The foregoing indemnification obligation is in addition to your indemnification obligations under these Terms and Conditions.

(v) Video Service.  Scotty Wiese Magic will engage with any 3rd party provider (“Provider”) in connection with accepting, storing, processing, posting, and using video Testimonials. By uploading a video Testimonial, you agree to Provider’s additional terms and conditions regarding your Testimonial (“Provider Terms”). In the event of any conflict, these Terms and Conditions will take precedence.


8. Confidentiality


8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these Terms and Conditions, and shall return it on demand and not retain copies of it.

8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.

8.3. This clause shall continue notwithstanding termination of these Terms and Conditions.


9. Termination


9.1. We shall be entitled to terminate these Terms and Conditions and cease to provide you with any Services with immediate effect in the event that you:


9.2. On termination, clause 6 (Liability), 7 (Intellectual Property), 8 (Confidentiality) and 10 (Assignment) shall continue notwithstanding such termination.


10. Assignment


Any Services provided by us under these Terms and Conditions are personal to you and cannot be transferred or assigned by you to any other person.


We shall be entitled to assign, transfer, subcontract any of our rights or obligations under these Terms and Conditions to any third party at our discretion without prior notice to you.


11. Entire Agreement


 These Terms and Conditions, together with the Website Terms, are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us.  Nothing in this clause or Terms and Conditions shall limit liability for any fraudulent misrepresentation.


12. Force Majeure


Scotty Wiese Magic shall not be liable to you for any breach of its obligations or termination under these Terms and Conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, pandemics, terrorism, strikes, delay caused by transport disputes, failure to provide Consulting caused by a death in the family of the person providing Consulting, illness of the person providing Consulting, Government edict or regulation.


13. Amendment


We reserve the right to modify these Terms and Conditions at any time, so please review them frequently. Changes and clarifications will take effect immediately upon their posting on the Website. If we make material changes to these Terms and Conditions, we will notify you here that they has been updated, so that you are aware of these changes.

If our Website or Services are acquired or merged with another company, your information may be transferred to the new owners so that we or they may continue to sell products to you.


14. Privacy Policy


By purchasing or using the Services and the Website, you agree to the Passion to Profession Privacy Policy on the Website. The Privacy Policy applies to both Visitors and Members.



15. Law and Jurisdiction


You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Scotty Wiese Magic reserves the right to investigate complaints or reported violations of our Terms and Conditions and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.


This Agreement shall be treated as though it were executed and performed in Colorado, United States and shall be governed by and construed in accordance with the laws of Colorado, United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Services must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any content in our Website conflicts or is inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Scotty Wiese Magic under this Agreement shall survive the termination of this Agreement.


16. Notices


You can contact us by email at [email protected]