The Utah telemarketing scam ring - Thrive Learning Institute, Colton Moody

Discussion in 'General scams' started by worstellr, Apr 30, 2009.

  1. worstellr

    worstellr New Member

    now unnecessary

    This post now unnecessary. Good luck, everyone!
     
    Last edited: Nov 22, 2009
  2. Scam Buster

    Scam Buster Ninja

    ooh aah! like wow! that really is an indept and scum of the earth racket going on, good luck with it and great research, sorry about the poor experience though, your post is very educational and you sound very intelligent in both explaining the procedure and having to train their own kind, if these scums keep getting away with it, just goes to show there is no justice in this world and there must be well known public figures involved to make waves & loopholes for this kind of thing to continue.

    Thanx for sharing this with us worstellr I am sure others will find your post very educational and will be more cautious in the future
    and welcome to AFI
     
  3. Lena Veronica

    Lena Veronica New Member

    Remember The Phrase "nowhere" = Now Here ?

    Greetings To All,
    I am so grateful to see that there are other people willing to stand up against these "Evil Doers" - Do you really believe any of the crap that this corrupt Internet system sells ? They are modern day robber barons and greedy manipulative bullies who probably go out after work for a few drinks bragging about how much money they had stolen from the unfortunate innocent people, trading high pressure tactics and all the while they are LAUGHING ABOUT IT !! I can practically guarantee it - I feel their mocking cocky attitudes. Who is policing the Internet ? I have had no support from any of my trusted institutions who right now are more than happy to give me more secured and unsecured credit cards, loans, grants to pay off the fraud charges which we all know is exactly the game they play ensuring my slavery for payments due and over due and credit and collections - Hey back in a day they used to haul people off to Debtors Prisons for non payment of funds. Three hots and a cot sounds pretty good to me - LOL ! We all own and use Credit thinking we are safe. This is where we are all united no matter who you are - You could be me. Now that's a sad thought. Destroyed in 4 Months. Just think about it for one minute: Late Fees, Really Small Print that nobody reads (don't even lie), Checks to be used at your discretion, Special Promotions, Increasing Credit Limit, Fluctuating APR etc...I will brook no refusal until I have my credit restored and reparations are made. I am angry as hell so I have done my own detective work as well. This is no joke, and EVERYONE WHO IS INVOLVED MUST BE HELD ACCOUNTABLE. What really ticks me off is their blatant disregard for the public in general. So I guess Mikey and his friends are taking their cue from them......Rape, Pillage, Plunder, Lie, Tear Anyone Asunder....WHY ? For the almighty Buck ! Wow, your folks must be so proud of your success.

    As a matter of fact, I have traced Fraud Trafficking from all over the world and the file is growing way out of control.
    But let's address the growing issue with The Not That Quite Bright Builders first....I am calling out Mike Jovan from Bright Builders for misrepresenting his company as a Top Seller on E-Bay when in fact they are not. He utilized high pressure tactics and sold me down the river......Now E-Bay and Citibank won't remove the Fraud Amounts and all of my cards are now in lock down......You should have heard what he said regarding using the Banking System and the Government. At this point we were actually fighting on the phone. I am now financially RUINED COMPLETELY not to mention that this occurred after my parents died, I was medicated, devastated, living in the "Death House" as my husband turned his back on me. We separated because I am the idiot who let this happen and I was not getting over their deaths fast enough.
    I have all original documentation and have already filed suit with the FBI.
    Now here is a quick synopsis of just some the fraud perpetrated on me :
    [*]1) Wachovia failed to inform me that my information had been stolen - I was advised by a third party "Mellon Corp"
    [*]2) I was well on my way with 100% Yellow Star on E-Bay and was working with Yahoo and MSN on my own websites. I have documentation regarding the dates and websites I was building. ON MY OWN.
    [*]3) As soon as I found out that I had been scammed I contacted PAYPAL AND CITIBANK to no avail. The charges are still sitting there accruing interest and I WILL NEVER PAY ONE DIME OF ANY OF THAT MONEY $14,5885.00 - Would you ??? Heck No !! I'm not stopping and I'll be damned if they are going to shut me up.
    [*]4) Now all my Credit Cards are gone and so is my income - Isn't that special ?

    I ran across a site called Ripoff Report and there were 49 complaints against these butt heads. I filed my report and read through the others and found one report from a girl, her story was very similar to mine, but she wrote at the end "I am scared for my Life" How dare they take somebody down to that level of fear. Well, I'm here and I am not afraid, even if I have to stand alone it doesn't matter I have nothing left (This is no pity party - Don't cry for me Argentina - I'm silly)as a matter of fact I can be your worst nightmare......Just ask anyone who knows me. I have no idea why they say I can be scary and a bully ? That's so crazy - I love people and I'm a Tree Hugger. I am as sweet as I can possibly be until someone turns on me. So I will fight for her or have her join forces with other people who have reached their level of tolerance due to your scams.
    Hey Mikey, you wanna meet with me ? Come on down and we can do lunch...Then I'll show you the end result of your success. There is always a price to pay for heinous corrupt manipulations and it will come back threefold. Ever hear of Karma ? I would not want to be you right now. I will never forget that night you called and we spoke for 5 hours you really nailed me good. I even had company and he refused to give up. I hung up on him but he called right back. Oh Wait, I just remembered something ROI (It's not Return On Your Investment) I think you meant to say (Robbing On the Internet)
    My Father always said : "There is nothing like Life Tuition to teach you a lesson and keep you humble".
    I will admit one thing, you almost broke my spirit and I cried a river of tears, refused to leave my house, stopped eating, at one point I stopped writing altogether (that killed me) and sat with all my thoughts just thinking about you. But then I woke up one day so full of rage, screaming, cursing, the sadness exploding, replaced by intense madness with the knowledge that I created my own prison and I had to take responsibility for trying to get my life back. Then I stepped outside and looked up towards the clear blue sky, up to Heaven and I swore to my dead parents that I would prevail.
    I would love to see them haul you off to jail...But the stench of the Internet Filth is so overbearing that you will probably just reinvent yourself.
    I am very serious when I say you totally beat me down so bad that I tried to kill myself - Are you laughing now ?
    I am now re building my Sites but am very skittish about doing any business on the Web...Actually, I spend most of my time gathering information on fraudulent activities.
    My next plan is to BLOG the heck out of this statement anywhere and everywhere.....I have nothing better to do, you took what little life I had without regret or conscience. How do you sleep at night ? I don't.
    This is a long detailed reply but what stunatt (MIKEY) didn't realize is that I am a writer, SME/IR (Specialists in resolving computer errors), International Banker, but most importantly I am the Queen of workarounds......I keep records of EVERYTHING and can't wait to go to Court. For anyone out there, step up to the plate, let your voice be heard - They have already taken your dignity, pride, money, and your dreams - What else can they do to you ? So I sit here, 24/7 looking for any way to get my dreams realized despite all the additional pressure of divorce, creditors, distrust, self imposed loneliness, and physical pain.
    I have over 50,000 E-Mails (No Lie) and most are fraud hits and lenders.
    I am the "Seeker" and am searching for some truth beneath the rubble of ad sense, branding, promises of wealth if you're willing to take a chance. Been there, done that.
    Sorry for the long detailed explanation but it is time for action and I am all about taking action now. Every day there is another article regarding Fraud Prevention or a story like yours and mine. I defy anyone to show me a way to make a good honest living on the Internet - I actually challenge any one.......Don't worry, I won't hold my breath
    I feel :
    DEVASTATED, DISGUSTED, DEMEANED, DISMISSED, PISSED, SCAMMED, SLAMMED, FORGOTTEN, TRASHED, etc...You get the point I could go on all night.Feel Free to add any comments, insults, criticisms, whatever. It's all good, I'm nobody, so feel free to ignore me !
     
    Last edited by a moderator: May 16, 2009
  4. De Master Yoda

    De Master Yoda Administrator Staff Member

    A story of the heartless scammers.

    Hello Lena Veronica, A warm welcome to AFI. I am filled with sorrow after reading your sad experience , we will help you.
    You are not alone.

    You are among friends and we share your anger and disgust at these scammers

    You are somebody and of great worth, so we will NOT ignore you. You are showing a lot of courage and are so much better than the scum who can only live by cheating others.

    He is the guilty one NOT you. He can take your money but he cannot take your dignity! and lady you have a LOT of guts and dignity.

    I will contact you by private message. Top right of the page, thank you.
     
  5. De Master Yoda

    De Master Yoda Administrator Staff Member

  6. Scam Buster

    Scam Buster Ninja

    @ Lena Veronica My dearest LV, you have certainly been through the tube mill and I totally hear your anguish & devastation that brought me to tears, you are one heck of a courageous & determine lady so thank you very much for sharing your story and warning others about Bright Builders .

    As DMY (De Master Yoda) says you are amongst friends here and that is what we do here, that is to educate the community and to help victims to recovery, and telling your story is part of the recovery while you are educating others in the process.
    I sincerely hope you will come back and check your mail box for DMY's message, he is a fantastic wonderful caring person and will take excellent care of you and assist you as much as he is able to with much wisdom, knowledge and resourses up his sleeve.
    Remember you are an important person and never lose sight of that,

    Welcome to AFI and keep up that fighting spirit
    lol SB
     
  7. Mike654974

    Mike654974 Guest

    RE: LENA "nowhere" = Now Here...

    Lena,
    I must say you are quite persistent in your attacks against me. However, I have read all of your posts and feel that you have failed to educate your audience to the fullest.

    It was you who contacted our company first and it was you who decided to purchase services (that you rendered) from our company. No one forced you, this was done with your consent and full understanding as you signed in your invoice and returned to us.

    I have tried to help you anyway I could. I understand you were going through a hard time in life and for that I appologize. When I decided to work with you I truly wanted you to be successful with your Internet business but due to circumstances beyond my control with your husband, you were unable to follow through.

    I wish you all the best of luck and success in the future and hope you have a prosperous life. Mike.

    P.S. I never went out for drinks after work and boasted about my sales, rather payed my bills and prayed for your well being. :)
     
  8. Templar

    Templar Super Moderator

    Something's is going on.

    A quick check yielded :



    [ame="http://www.youtube.com/watch?v=uSSTRnuOsto"]YouTube - Tips for Selling on eBay | Thrive Learning Institute | www.thriveli.com[/ame]

    www.thrivelearninginstitute.com Site seems DEAD

    THRIVELEARNINGINSTITUTE.COM WHOIS
    Updated: 1 second ago
    The data contained in GoDaddy.com, Inc.'s WhoIs database,
    while believed by the company to be reliable, is provided "as is"
    with no guarantee or warranties regarding its accuracy. This
    information is provided for the sole purpose of assisting you
    in obtaining information about domain name registration records.
    Any use of this data for any other purpose is expressly forbidden without the prior written
    permission of GoDaddy.com, Inc. By submitting an inquiry,
    you agree to these terms of usage and limitations of warranty. In particular,
    you agree not to use this data to allow, enable, or otherwise make possible,
    dissemination or collection of this data, in part or in its entirety, for any
    purpose, such as the transmission of unsolicited advertising and
    and solicitations of any kind, including spam. You further agree
    not to use this data to enable high volume, automated or robotic electronic
    processes designed to collect or compile this data for any purpose,
    including mining this data for your own personal or commercial purposes.

    Please note: the registrant of the domain name is specified
    in the "registrant" field. In most cases, GoDaddy.com, Inc.
    is not the registrant of domain names listed in this database.


    Registrant:
    Thrive Learning Institute
    350 South 400 West
    Suite 101
    Lindon, Utah 84042
    United States

    Registered through: GoDaddy.com, Inc. (http://www.godaddy.com)
    Domain Name: THRIVELEARNINGINSTITUTE.COM
    Created on: 24-Mar-08
    Expires on: 24-Mar-10
    Last Updated on: 07-Apr-08

    Administrative Contact:
    Rasmussen, Dave @thriveli.com
    Thrive Learning Institute
    350 South 400 West
    Suite 101
    Lindon, Utah 84042
    United States
    8663343672 Fax --

    Technical Contact:
    Rasmussen, Dave @thriveli.com
    Thrive Learning Institute
    350 South 400 West
    Suite 101
    Lindon, Utah 84042
    United States
    8663343672 Fax --

    Domain servers in listed order:
    NS1.MEDIATEMPLE.NET
    NS2.MEDIATEMPLE.NET


    Information Updated: Wed, 12 Aug 2009 23:29:17 UTC

    RELATED DOMAINS FOR THRIVELEARNINGINSTITUTE.COM

    Activities seem to be moved to:


    http://thrivelearninginstitute.yolasite.com/

    YOLASITE.COM WHOIS
    Updated: 1 second ago

    -----------------------------------------------------------------------
    MarkMonitor, the Global Leader in Enterprise Brand Protection

    Domain Management
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    The Data in MarkMonitor.com's WHOIS database is provided by MarkMonitor.com
    for information purposes, and to assist persons in obtaining information
    about or related to a domain name registration record. MarkMonitor.com
    does not guarantee its accuracy. By submitting a WHOIS query, you agree
    that you will use this Data only for lawful purposes and that, under no
    circumstances will you use this Data to: (1) allow, enable, or otherwise
    support the transmission of mass unsolicited, commercial advertising or
    solicitations via e-mail (spam); or (2) enable high volume, automated,
    electronic processes that apply to MarkMonitor.com (or its systems).
    MarkMonitor.com reserves the right to modify these terms at any time.
    By submitting this query, you agree to abide by this policy.

    Registrant:
    Domain Admin
    Yola, Inc
    51 Federal St. #401
    San Francisco CA 94107
    US
    @yola.com +1.4152270250 Fax: +1.4152270208

    Domain Name: yolasite.com

    Registrar Name: Markmonitor.com
    Registrar Whois: whois.markmonitor.com
    Registrar Homepage: http://www.markmonitor.com

    Administrative Contact:
    Domain Admin
    Yola, Inc
    51 Federal St. #401
    San Francisco CA 94107
    US
    @yola.com +1.4152270250 Fax: +1.4152270208
    Technical Contact, Zone Contact:
    Domain Admin
    Yola, Inc
    51 Federal St. #401
    San Francisco CA 94107
    US
    @yola.com +1.4152270250 Fax: +1.4152270208

    Created on..............: 2008-04-06.
    Expires on..............: 2011-04-06.
    Record last updated on..: 2009-05-12.

    Domain servers in listed order:

    ns4.dnsmadeeasy.com
    ns0.dnsmadeeasy.com
    ns2.dnsmadeeasy.com
    ns3.dnsmadeeasy.com
    ns1.dnsmadeeasy.com

    -----------------------------------------------------------------------
    MarkMonitor, the Global Leader in Enterprise Brand Protection

    Domain Management
    Online Trademark Protection
    Online Channel Protection
    AntiPhishing Solutions
    -----------------------------------------------------------------------

    Information Updated: Wed, 12 Aug 2009 23:08:30 UTC

    RELATED DOMAINS FOR YOLASITE.COM
    yolasite.net yolasite.org yolasite.biz yolasite.in yolasite.mobi markmonitor.com dnsmadeeasy.com yola.com
    _________________________________________________________________


    Please note :

    Administrative Contact:
    Domain Admin
    Yola, Inc
    51 Federal St. #401
    San Francisco CA 94107


    This is actually a self storage unit / wharehousing :

    http://storagelocations.com/san-francisco-CA-self-storage.html

    The property is managed by :


    San Francisco, Property Management
    Baco Realty Corporation
    51 Federal St, San Francisco, CA 94107

    ____________________________________________________________
     
  9. scammedbythrive

    scammedbythrive New Member

    Here is how Thrive Scammed me

    I never heard about this company Thrive before this encounter. I was very naïve in letting these scammers take my hard earned money from me. I am fighting to get my money back from these people from the last 2 months. I really want to tell you my story and also stop you from making the same mistake as I did.
    On a very unassuming day …
    I clicked on link that said "Google Ad works", it took me to one guy's testimonial about the way in which he is been earning "2000 to 3000" dollars per month from home. I hesitated for a long time and clicked the link which asked me to put my name and address in it. And the web site asked my for my credit card number to send their exclusive package. The web site said it would cost me $1.95 which would be used for mailing charges or something. This is it. I did not know that this is the worst thing I could do to myself. Few days later, I got a call from a telemarketing company named "ABS"(Accelerated Business Solutions). I really don’t know how ABS got my information. A person named Phil from ABS told me about the Thrive e-Learning program. He told me about drop shipping, OPM and how good internet marketing is. All the this time I was thinking that ABS was related to Google Ad Works. He sounded so genuine and I did believe what he told me. He even made me write a business plan. He forwarded me talk to his "Program Director" Brandon Clark. Brandon promised me that it would return all money back in 2 months ( or 8 weeks) and it is proven, and in 12 months I would at least make 2 times my initial investment. He told me that it is "Drop Ship" program. He told me that I need to put some initial investment in order to get more money back. He also told me that Thrive will spoon feed me with all the information, and all I need to do is to follow the instructions. He used some high pressure marketing on me, and took $6625 from me on the same day.
    I fell into this trap. Then I was assigned to a team called "Team 1A" which had 4 coaches. Somebody named Nate called me on the first day, and introduced me to their student web site www.thriveli.com. And he also told me that there will weekly calls, live chats and I needed to spend 5-10 hours going through their material. He talked as if they are available 24 by 7 to for me.

    In less than 2 weeks I realized that the content that they are providing was not at all useful in starting any kind of internet business. Also, I did not get any “world class†coaching from the coaches. These “coaches†gave me useless information about drop-shipping and were not available 24 X 7, not even respond to me when I call them.

    Not only that, these people drove me into other companies which take more money out of me. The coaches started pushing me to buy services from another web site called “gogodropship.com†for a listing of drop shippers. ( like a Yellow pages for drop shippers). They made me pay another $97 for nothing.

    Another company named “IMAX†started approaching me for a Merchant account. At this point I said, no more and started asking for my money back from Thrive. And I tried real hard to reach the people responsible for paying back. They simply ignored my calls and emails.

    At that point I approached my credit card company to start the refund process, and I also complained about these companies (ABS , Thrive and gogodropship.com) in Better Business Bureau (BBB) , FBI, Federal trade commission(FTC) and Utah’s Attorney general’s office. I am still working on my case.

    So, I suggest all of you reading this post to be very careful about such companies, and never sign up ( Or sign a contract) for these Internet Money Scams.

    I will keep you posted as my situation changes. Please advise me if you got your money back by following a different procedure.
     
  10. Niseag

    Niseag Samurai

    tracing

    beside the already gathering of data for an indictment, there are problems in the material and the info provided in the website, the website by the way is a free one. You will find the theme common but the info delivered faulty; someone is springing on a band wagon which has been running for a while but he has no intention to do the legwork, however the plan is that the claims are civil claims and so the prospective plaintiffs should sue instead of using the criminal system.That is their line of argument, you signed the contract, you received what was promised and it did not work because of you; that would however complete the fraud, because frankly they misrepresent their intentions and delivery material and the so called coaches are not available all the time nor are they professional. If there would be only 10% complaint someone could disregard the warning signs but thats not the fact.

    Misrepresentations to create an error which will be the base of a monetary decision enhancing the wealh of the misrepresenting or other part is considered fraud; since they do it cross the state line it is a federal crime, in fact a felony, never mind the Utah DA.

    One thing you will find, the government is not very fast nor does it care what happens or happened to you. It is a harsh world.....
     
  11. Dick H Box

    Dick H Box Samurai

    You never know...

    I sent this today... they may be showing the logo illegally?
     
  12. scammedbythrive

    scammedbythrive New Member

    I created a blog to help others like me

    Visit this blog for more information about these scammers. Hope it helps you in resolving your issue.

    http://scammedbythrive.blogspot.com
     
  13. alsoscammed

    alsoscammed New Member

    Thrive scammed me too

    Mine started in early February of 2009. I worked unbelievable hours building my site and was generally OK with everything until I got to the marketing phase. What a joke! They enrolled me in Google PPC and I got to do everything else.
    I am ashamed to say that I paid $18,800 for this program. It is now the first of September, and I've made 4 sales. I sent an email requesting 1/2 my money back, and Zack said they never refund. Then, he offered me live marketing help. So, I talked to a guy from Summit Group who said I should blog 2 or 3 times a week, submit articles everywhere. I was already doing this.
    So, now, I'm going to send the same email again...with an addendum to the effect that their offer of marketing still didn't get it!
    Everything in your posting is exactly what happened to me, too...except it looks as if I paid a LOT more than most that I've read about. This is shameful beyond belief!
    Has anyone ever received a refund after 6 months? Another posting on a different scam site said he'd been working on it for 2 years!
     
  14. Saundrak

    Saundrak I am a spammer

    Companies With the Utah Scams:

    Post deleted on user request for personal reasons
     
    Last edited: Apr 9, 2010
  15. JDJC

    JDJC Guest

    Thank god for you guys!

    I almost signed up today.... and thank god for your info... THANK YOU THANK YOU THANK YOU!!!!
     
  16. 2beTrue

    2beTrue New Member

    I was doing research on individuals who signed releases to receive their refunds. I believe I came across an actual contract. I am asking anyone that has an attorney as a friend or relative to please run this agreement by them and ask if it is valid. Can an attorney take this piece of paper apart? How is it that Thrive can abuse their customers First Amendment Rights and get them to sign them away? Is that legal in this country (USA).In my opinion, as a taxpayer this does not sound right to me. So I am posting it here for the public to see and judge for themselves and here it is:


    RELEASE


    This Settlement Agreement and Release (the “Agreementâ€) is entered into by and between ----------- ( “Customerâ€) and Six Figure Consulting (“Six Figure), Corp and Thrive and Six Figure Learning Institute, Inc. (“Thrive and Six Figureâ€).

    WHEREAS: the parties now desire to resolve their differences and to fully, finally and forever release, settle and dispose of any and all claims, demands and disputes of any kind between them, as provided for in this Agreement;

    NOW THEREFORE, in consideration of the promises and covenants contained herein and other good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree as follows:




    1. Consideration:
    1.1 Upon the effective date of this Agreement, Thrive and Six Figure shall pay Customer a sum of $ xxxxxxxxxxxxxxxxxxxx in consideration for the release of all claims by Customer against Thrive and Six Figure, and each of their respective parent corporations, subsidiaries, affiliates, including third party companies whose products were Thrive and Six Figure or supported by Thrive and Six Figure, their officers, directors, successors, assigns, representatives, attorneys and all persons acting by, through, under or in connection with them, or any of them, of and from any and all manner of action or actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, liability, claims, demands, damages, losses, costs or expenses, of any nature whatsoever, known or unknown, fixed or contingent, derivative or personal (hereinafter called “Claimsâ€) which the Customer, or anyone claiming through or on behalf of it, now owns or holds or has at any time owned or held against Thrive and Six Figure.

    1.2 The $ xxxxxxxxxxxxxxxxxxxx payment referenced in paragraph 1.1 above shall be two payments sent at the same time by Thrive and Six Figure by check payable to Customer.
    2. Assignment: Customer hereby represents and warrants that there have been no assignments or other transfers of any interest in the Claim(s) that it may have and which could be asserted against Thrive and Six Figure. Customer agrees to indemnify and hold harmless Thrive and Six Figure from any liability, claims, damages, demands, costs, expenses and attorneys’ fees incurred by any of the Customers as a result of any person asserting any such assignment or transfer or any rights or Claims under any such assignment or transfer.
    3. No Admission: This Release is not an admission of any fact by Thrive and Six Figure or by Customer and it cannot be used in any proceeding, other than a proceeding to enforce its terms, for any purpose whatsoever.
    4. Authority: Each of the parties signing this Release, whether signed individually or on behalf of any person or entity, represents and warrants that he or she (a) has full power and authority to enter into and execute this Release and (b) has the full authority to bind the party or parties for whom he or she is signing.

    5. Attorney’s Fees and Costs:
    5.1 Current Dispute: The parties agree that they shall bear their own attorneys’ fees and costs incurred in connection with this matter, including, without limitation, all attorneys’ fees and costs incurred by them in connection with the Action, and/or this settlement.

    5.2 Future Dispute: If any party hereto should (a) bring any action, suit or other proceeding against any other party or any person released by it hereunder on any Claim, (b) contest the validity of this Release, (c) attempt to enforce this Release, (d) attempt to obtain any remedy or relief for any breach of this Release or any representation or warranty set forth herein, or (e) attempt to rescind, negate, modify or reform this Release, or any of the terms or provisions hereof, the prevailing party in any such proceeding shall recover its reasonable attorneys’ fees incurred in each and every such proceeding, including any and all appeals or petitions there from.

    6. Advice of Counsel: Each of the parties represent and warrant to the other party that they have executed this Release with full knowledge of any and all rights which they have or may have and that they do not rely and have not relied upon any representations, warranties or statements made by any of the other parties hereto. Each of the parties hereto represent, warrant, and acknowledge that they have had the opportunity to avail themselves of the independent counsel of their own choosing.
    7. Effective Date: This Agreement shall become effective and enforceable at such time as it has been signed by both parties.

    8. Accord and Satisfaction: Each of the parties hereto acknowledge and agree that this Release is an accord and satisfaction of all Claims that Customer may have against Thrive and Six Figure; all prior documents and all negotiations and stipulations by them or their agents being merged herein.
    9. Section or Paragraph Heading: Headings have been inserted herein solely for convenience and reference and shall not be construed to affect the meaning, construction, or effect of this Agreement.

    10. Entire Agreement: This Agreement shall constitute the entire agreement between the parties, and shall fully supersede any and all prior agreements or understandings, oral or written, between the parties pertaining to the subject matter hereof. The Agreement is an integrated agreement.

    11. Invalid Provision. The invalidity or unenforceability of any term or provision of this Agreement shall not affect the validity or enforceability of any other term or provision of this Agreement, which shall remain in full force and effect.

    12. Governing Law Venue and Interpretation. All questions concerning the construction, validity, and interpretation of this Release and the performance of the obligations imposed by this Release shall be governed by the laws of the State of Utah. The Parties agree that venue shall be a Court of competent Jurisdiction in Salt Lake County, Utah.

    13. Non Disparagement: Customer agrees not to defame or in any way disparage Thrive and Six Figure or to discuss the terms of this settlement or any transactions whatsoever he/she has had with Thrive and Six Figure with any person, party, entity, agency unless compelled to do by operation of law. Customer further agrees not to without the agreement of Thrive and Six Figure contact any member of the media, post on any chat board, assist another in posting negative comments about Thrive and Six Figure, either directly or indirectly, or in any manner engage or assist in any activities which may be detrimental, directly or indirectly, to the interests of Thrive and Six Figure, whether such interests be property, reputation, or otherwise, including showing up at properties where Thrive and Six Figure is conducting business. Customer agrees that if he/she violates this agreement he/she shall owe liquidated damages to Thrive and Six Figure at the minimum amount of $10,000.00.
    14. Breach: In the event that Customer breaches this contract, including but not limited to, posting or assisting another to post negative comments about Thrive and Six Figure on the Internet the Distributor fail to return, Customer agrees that damages would be difficult to determine, that the Company would suffer irreparable harm, and that the Company would be entitled to an appropriate restraining order, specific performance, temporary and permanent injunctions, actual and exemplary damages, attorneys’ fees, court and/or arbitration costs and other related expenses, as well as any other remedy allowable by law.

    15. Binding Effect and Severability: This Release shall be binding upon and inure to the benefit of each of the parties, their respective heirs, permitted assigns, successors in interest and legal representatives. Neither this Release nor any of the rights or obligations hereunder may be assigned without the prior written consent of all the parties hereto.






    IN WITNESS WHEREOF, Customer has caused this Agreement to be duly executed as of the date set forth below.


    Dated this day of , 2009.


    ________________________________
    XXXXXXXX

    Thrive Learning Institute, Inc.
    Dated this day of , 2009.

    By: __________________________________

    Its: __________________________________

    Six Figure Consluting, Corp.
    Dated this day of , 2009.

    By: __________________________________

    Its: __________________________________



    Again, I ask the question;

    Does this contract hold water? Is there any way a piece of paper can be exchanged for our First Ammendment Rights? What are the steps to render this contract null and void?
    Please advise…:confused:
     
  17. Miyuki

    Miyuki Administratrix Staff Member

    There are many holes in it.
     
  18. Gentle Giant

    Gentle Giant Giant Admin for a Day Staff Member

    You could drive a truck through it if you ask a lawyer to do it. If the contract is entered into with intent to defraud someone (i.e. if fraud is an element in the construction of the contract) then the contract fails on its terms.
     
  19. irritated

    irritated New Member

    Thrive on-line business scam

    Sixteen months ago my husband and I took a giant step or so we thought. I actually was a giant fall.
    We invested several thousand dollars with Thrive Learning and Momentum Marketing. We were promised all the tools and coaching to build a successful on line store. We followed all their suggestions and I spent hours building our site. Now 16 months later my total sales have been less than $600.00. I am filing a complaint with Utah Attorney General and the BBB.

    I have spoken with a representative of Momentum who claims he will take my complaint to the company to see if a refund is possible. He told me the Attorney General's office is not demanding they pay refunds and if I do receive one it will only be for part of my investment. No one ever gets a full refund.

    I am urging others of you who have experienced a similar problem to contact the Utah Attorney Gen. office and the BBB. This kind of business has to be stopped. Our silence will only allow others to fall into the same trap.
     
  20. Sapphire's Strike

    Sapphire's Strike Administrator Staff Member

    Last edited by a moderator: Jan 19, 2010

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