Terms of Service

Date Effective: January 1, 2025

Please read these Terms of Service carefully before using BAS Digital, LLC’s (the “Company”, “we”, “our”, “us”) website, coaching, consulting, digital products, and the services provided therein (the “Services”). 

Your use of the Company’s Services is subject to the following terms and conditions (“Terms of Service”) and all applicable laws. 

By accessing and using the Services, you agree to be bound by these Terms of Service, without limitation or qualification, and to use the Services in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific Services available from the Company. Accessing the Services, in any manner, whether automated or otherwise, constitutes use of the Services and your agreement to be bound by these Terms of Service.

If you do not agree to these Terms of Service, please do not use our Services.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Services, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Services after we post any such changes, you accept the Terms of Service, as modified.

Intellectual Property Rights

Our Limited License to You. Our Services and materials are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. This website is provided solely for your personal noncommercial use. You may not use the website or the materials available in the Services 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 our Services. You may, however, from time to time, download and/or print one copy of individual pages of the Services 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, social media postings, photos and videos) to us via our websites, 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 the Company from their creation. Thus, the Company 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 the Company 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 the Company  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 the Company has the right but not the obligation to use and display any postings or contributions of any kind and that the Company 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 so long as the link does not state or imply any sponsorship of your website by us or by the Services. However, you may not, without our prior written permission, frame or inline link any of the content of our website, or incorporate into another website or other service any of our material, content or intellectual property.

Third Party Disclaimers

Throughout the Services, 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 Services or on websites linked to by us.

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 the Company. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, the Company neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made in any of the Services by anyone other than an authorized Company representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SERVICES AND BY THE COMPANY 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 SERVICES OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SERVICES, INCLUDING WEBSITES, 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 SERVICES OR MATERIALS ON OUR WEBSITES OR IN OTHER DIGITAL FORM 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 the Company, 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.

Online Commerce

Certain sections of the websites 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 from the Services or on a site linked to by a website, 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 Services, 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 website 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 Services.

Your participation, correspondence or business dealings with any third party found on or through our Services, 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 the Company 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 our Services. You agree to use the Services and to purchase services or products through from us 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.

Interactive Features

The Services may include a variety of features, such as bulletin boards, web logs, chat rooms, email services, and digital messaging, 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, digital messaging, and other public posting areas from the Services, or sent via any email services and digital messaging services on the Services and 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 Services. It is a condition of your use of the Services that you do not:

• Restrict or inhibit any other user from using and enjoying the Services.

• Use the Services 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 Services or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Services.

• Use the Services to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

• Gain unauthorized access to the Services, or any account, computer system, or network connected to the Services and website, 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 this Services.

• Use the Services 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 Services 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 Services to post or transmit any information, software or other material that contains a virus or other harmful component.

• Use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

• Use the Services 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 Services.

The Company may host message boards, chats and other private/public forums through its Services and on other platforms. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, groups, chats or other such forums in the future. The Company 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 the Company staff, the Company’s outside contributors, or by users not connected with the Company, some of whom may employ anonymous user names. The Company’s 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 the Company or any of its subsidiaries or affiliates.

The Company has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums related to the Services. 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.

Registration

To access certain features of the Services, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Services, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name, email address, and phone number. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

When you register with the Company and/or the Services, 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, digital message, or other means.

Passwords

To use certain features of the Services, you may need a username and password, which you will receive through a 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.

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 SERVICES, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE 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 SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND THE COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES RELATED TO TECHNOLOGY, SECURITY, RISK, OR EARNINGS.

Technology, Security, & Risk Disclaimer

Your corporate and personal networks, devices, and accounts may experience errors or security breaches. You are responsible for evaluating and managing your own technology solutions. 

The security of your networks, devices, and accounts depends on your chosen products, strategies, implementation, monitoring, and the time and effort you invest, as well as your knowledge and skills. 

Given these individual factors, the Company cannot guarantee the success of creating a secure environment for you or those interacting with your systems. Your technology setup may differ from those discussed in the Services, leading to varied experiences. 

We do not guarantee the absence of future security incidents. Any suggestions provided are for consideration; implementation decisions and methods are your responsibility. 

Maintaining proper security controls and staying informed about security threats are your obligations. All technology and software involve inherent risks and require consistent effort and action.

Earnings & Career Advancement Disclaimer

Every effort has been made to accurately represent our Services and their potential.

The Services and the products offered are not associated, affiliated, endorsed, or sponsored by Meta, Facebook, or LinkedIn, nor have they been reviewed, tested, or certified by Meta, Facebook, or LinkedIn.

There is no guarantee that you will earn any money, additional money, a new job, a certification, a new skill, a promotion, or a positive performance review using the techniques and ideas from our Services. 

Examples in our Services are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas, and techniques. We do not position any of our products as a “get rich scheme”.

Any claims made of earnings, employment, certification, skills, promotions, or performance reviews are examples of actual results and can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge, and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.

Materials in our Services may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.

Any and all forward looking statements in our Services or on any of our marketing material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact, no guarantees are made that you will achieve any results from our ideas and techniques in our material.

You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of the Services, and that we have not authorized any such projection, promise, or representation by others.

Any earnings, employment, certification, skills, promotions, or performance reviews are examples or estimates of what you could achieve. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. 

There is no assurance that any prior successes or past results as to earnings, employment, certification, skills, promotions, or performance reviews will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to earnings, employment, certification, skills, promotions, or performance reviews are not to be considered as “average results”.

(i) The Economy. The economy, both where you do business, and on a national and even worldwide scale, creates additional uncertainty and economic risk. An economic recession or depression might negatively affect the results produced by the Services.

(ii) Your Success Or Lack Of It. Your success in using the information or strategies provided by the Services depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or that you will have any earnings at all.

Starting your own business, working for yourself, and being an employee of another company all involve unknown risks and not all situations are suitable for everyone. You may not rely on any information presented on the website or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any monies paid to purchase the Services, and/or any monies spent setting up, operating, and/or marketing your business, and further, that you may have no earnings at all.

(iii) Forward-Looking Statements. MATERIALS CONTAINED IN THE SERVICES AND ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM OUR SERVICES MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.

ANY AND ALL FORWARD LOOKING STATEMENTS HERE, IN OTHER MATERIALS CONTAINED IN THE SERVICES AND ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM OUR SERVICES ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS AND CAREER POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.

(iv) Due Diligence. You are advised to do your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content from the Services or otherwise provided by us to be the equivalent of professional advice. Nothing contained on the website or in materials available for sale or download on the website provides professional advice in any way. You should consult with your own accountant, lawyer, or professional advisor for any questions you may have.

We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever.

(v) Purchase Price. Although we believe the price is fair for the value that you receive, you understand and agree that the purchase price for our Services has been arbitrarily set by us. This price bears no relationship to objective standards.

WITH REGARDS TO FINANCIAL CONTENT:

NEITHER THE COMPANY NOR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND AGENTS ARE FINANCIAL ADVISERS AND NOTHING CONTAINED IN THE SERVICES IS INTENDED TO BE OR TO BE CONSTRUED AS FINANCIAL ADVICE.

THE COMPANY IS NOT AN FINANCIAL ADVISORY, TAX ADVISORY, INVESTMENT ADVISORY SERVICE, OR INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR. THE COMPANY EXISTS FOR EDUCATIONAL AND COACHING 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.

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The information contained in our Services (including but not limited to content in any format) is based on sources and information reasonably believed to be accurate as of the time it was created. However, our Services and materials deal with topics that are constantly changing and are subject to ongoing changes related to technology and the market place as well as legal and related compliance issues. Therefore, the completeness and current accuracy of the materials cannot be guaranteed. These materials do not constitute legal, compliance, financial, tax, accounting, or related advice.

The end user of this information should therefore use the contents of this program and the materials as a general guideline and not as the ultimate source of current information and when appropriate the user should consult their own legal, accounting or other advisors.

Any case studies, examples, illustrations cannot guarantee that the user will achieve similar results. In fact, your results may vary significantly and factors such as your market, personal effort and many other circumstances may and will cause results to vary.

THE INFORMATION PROVIDED IN THE SERVICES ARE SOLD AND PROVIDED ON AN “AS IS” BASIS. THE COMPANY DOES NOT PROMISE OR GUARANTEE ANY PARTICULAR RESULT FROM YOUR USE OF THE INFORMATION CONTAINED HEREIN.  THOSE RESULTS ARE YOUR RESPONSIBILITY AS THE END USER OF THE SERVICES. (SOME STATES DO NOT ALLOW LIMITED WARRANTIES, SO THIS MAY NOT APPLY TO YOU.) IN PARTICULAR, THE COMPANY SHALL NOT BE LIABLE TO USER OR ANY OTHER PARTY FOR ANY DAMAGES, OR COSTS, OF ANY CHARACTER INCLUDING BUT NOT LIMITED TO DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR OTHER COSTS OR DAMAGES, IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT OR SERVICES. THESE LIMITATIONS MAY BE AFFECTED BY THE LAWS OF PARTICULAR STATES AND JURISDICTIONS AND AS SUCH MAY BE APPLIED IN A DIFFERENT MANNER TO A PARTICULAR USER.

Termination & Survival

We may cancel or terminate your right to use the Services at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Services affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Services, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Refund Policy

Unless otherwise stated on the specific products sales page, offer sheet, or order form, all of our products, programs and services purchased on our Site are non-refundable.

Other

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 the Company infringe your copyright, you, or your agent may send to the Company 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 the Company 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 the Company 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. The Company’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: ben@bensady.com

Assignment

This Agreement shall be binding upon and inure to the benefit of the Company and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of the Company Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by the Company to any affiliated entity or any of its wholly owned subsidiaries.

Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Virginia and any dispute shall be subject to binding arbitration in Richmond, Virginia. 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.

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.

Severability

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.

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