SMOOTH SCALING CLUB TERMS & CONDITIONS
BY PURCHASING FROM BRAND GOOD TIME, YA CREATIVE AND TIME IS WRITE, LLC, YOU ARE CONSENTING TO THESE TERMS & CONDITIONS.
Brand Good Time, Ya Creative and Time is Write, LLC(“We”) reserve the right to refuse service to anyone for any reason at any time.
You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment and credit card information is always encrypted during transfer over networks.
You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of this Smooth Scaling Club Membership, the Service provided, the Materials and Products provided, use of the Service/Products, or access to the Service/Products, without express written permission by us.
1. Account Creation. In order to gain access to the Smooth Scaling Club, you may be required to provide information about yourself including your name, email address, username, password, and other personal information. You agree that any registration information you give to “We” will always be accurate, correct, and up to date. You agree to not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. In the event that your account is compromised, you agree to notify us in writing immediately and change your password. Any violation of these terms are grounds for removal and banishment from the site at our discretion.
2. Lawful Purposes. You may use the materials provided and/or the Service for lawful purposes only. You shall not post or transmit through our platform any material which violates or infringes the rights of others, or which is racist, unethical, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Doing so is grounds for termination of service, at our discretion.
3. Purchase Confirmation. We will email you to confirm the placement of your order and with details concerning access to the Smooth Scaling Club Membership. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible: [email protected]
4. Intellectual Property. This Smooth Scaling Club Membership contains intellectual property owned by “We” including, but not limited to, trademarks, copyrights, proprietary information and other intellectual property as well as the collective name, logo, all designs, text, graphics, digital products, other files, and the selection and arrangement of such. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works based on, distribute, display, reproduce, or perform, or in any way exploit in any format whatsoever any of the Smooth Scaling Club Membership, the Site, Platform, Service Content, Course, and Program Materials, or other intellectual property, in whole or in part without our prior express and written consent. We reserve the right to immediately remove you from the Smooth Scaling Club Membership, and revoke access to any replays and/or materials, without refund, if you are caught violating this intellectual property policy.
(a) No Resale of Services Permitted. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Smooth Scaling Club Membership and/or products purchased via the Platform (including training materials), use of the purchased materials/products, or access to any course or products purchased. This agreement and all product(s) purchased are not transferrable or assignable without the Company’s prior written consent.
(b) You agree to not share access to the Smooth Scaling Club Membership, digital product(s) purchased or provided, or other proprietary materials with others. This includes parties that have not purchased the Smooth Scaling Club Membership, or any other third-party that Company has not authorized access to.
5. Refund Policy. Due to the nature of our products, we do not offer refunds after purchase. If you’re not satisfied with your purchase, please share your concerns with us via email at [email protected] and we’ll do our best to make things right.
You agree to not dispute any charges at any time. In the event that you inadvertently dispute a charge made to your account in connection with a purchase made through this website, you agree to immediately cancel/withdraw such a dispute. You understand that disputing a charge through your financial institution is a violation of this Agreement and you agree to not do so. You are responsible for any fees, including attorney’s fees, associated with recouping payment on disputes and any collection fees associated with such an event. You understand that we reserve the right to send any payments due and not satisfied to collections.
6. Cancellation. By joining the club, you’re agreeing to a 3-month commitment. At any point after the initial 3 months, you can choose to cancel your membership with 30 days written notice sent to [email protected]
7. Transferability. You understand that your purchase and admission to the Smooth Scaling Club is not delegable, assignable, sub-licensable, or otherwise transferrable to any other party. Any transfer that occurs may take place only with the written consent of Company; Any other transfer, assignment, delegation, or sublicense by you is invalid and in breach of these Terms.
8. Replay Recording Policy. You will be provided access to a replay of anything in the Smooth Scaling Club. You understand that access to replays are granted to you and only you, and you agree to not share access to this replay or any of the accompanying materials provided (including but not limited to any workbooks, worksheets, PDFs, recordings, etc.) with any unauthorized third-party.
9. Independent Recordings. You agree to not independently record any portion of the Smooth Scaling Club. This includes any screenshots/screen captures.
10. Affiliate Links. Company may provide on its website, via email, or the Smooth Scaling Club various affiliate links under which Company may benefit monetarily. Company in no way guarantees the quality of product or service provided by any third-party and bears no liability with respect to such service or experience.
11. Non-disparagement. You agree to refrain from making any statements or comments of a defamatory or disparaging nature to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. This provision in no way restricts your ability to communicate reviews or performance assessments about Company’s goods or services.
12. Rescheduling. In the event that Company must reschedule any bit of the Smooth Scaling Club trainings due to unexpected circumstances including but not limited to emergency situations or illness, Company will provide notice to you via email and will make every effort to reschedule the Smooth Scaling Club trainings within a reasonable time frame. Rescheduling of the Smooth Scaling Club trainings is not grounds for a refund, partial or otherwise.
13 Limitation of Liability. You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the trainings, materials, products, site, or service. Additionally, “We” is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third-party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if “We” has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall “We” cumulative liability to you exceed the total purchase price of the product/service you have purchased from “We” and/or and if no purchase has been made by you, “We” cumulative liability to you shall not exceed $100.
14. Indemnification. You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms & Conditions, or any use by you of the Smooth Scaling Club, Site, or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms.
15. Warranties. Company does not guarantee or provide any warranty, express or implied, with regards to any specific results. Any testimonials shared are simply an example of what is possible, not what is guaranteed.
16. Headings. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
17. Entire Agreement. This Agreement constitutes the entire agreement between you and “We” pertaining to this Smooth Scaling Club, Site, and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by “We” shall be deemed, or shall constitute, a waiver of any other provision. No waiver shall be binding unless executed in writing by “We”
18. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Brand Good Time
757 SE 17th St
Fort Lauderdale, Fl 33316
E-mail address: [email protected]
19. Governing Law; Venue; Mediation. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida as applied to contracts that are executed and performed entirely in Florida. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Broward County.
The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the Parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
20. Severability. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
21. Electronic Signature. You understand that under law, signatures transmitted digitally and created electronically via touchscreen or computer mouse shall have the same force and binding effect as an original handwritten signature in ink.
By completing your purchase, you acknowledge and agree that you have carefully read and understands this Agreement.