Terms Of Use Agreement
Terms of Use Agreement of Small Business Coach Associates System, Products, or Services.
Subject of the Agreement
This Terms Of Use Agreement for the use of Small Business Coach Associates System, Products, or Services (this “Agreement”) is entered into between Empire Business Solutions, LLC, DBA Small Business Coach Associates (the “Company”), and you, the end-user (“You”). The Agreement is made effective beginning on the date on which you first download, install, load or otherwise use Small Business Coach Associates System, Products, or Services. By downloading, installing, loading or otherwise using Small Business Coach Associates System, Products, or Services you agree to all terms and conditions of this Agreement or in the accompanying documentation. You should read this Agreement carefully before downloading, installing, loading or otherwise using Small Business Coach Associates System, Products, or Services. If you do not agree with the terms and conditions set forth in this Agreement, you are not authorized to use Small Business Coach Associates System, Products, or Services. If you use Small Business Coach Associates System, Products, or Services, the terms and conditions of the Agreement are fully accepted by you.
Grant of Right to Limited Use
Subject to your agreement to, and in full compliance with, the provisions and terms of use agreement, Empire Business Solutions, LLC, DBA Small Business Coach Associates hereby grants you the a limited, personal, nontransferable and nonexclusive right during the Term, as defined in Section 6 below, to use Small Business Coach Associates System, Products, or Services to conduct business and render professional services in your business coaching, business consulting, or business training company. This Agreement will terminate immediately if you attempt to circumvent the copyright protection measures for Small Business Coach Associates System, Products, or Services.
Intellectual Property Rights
Small Business Coach Associates System, Products, or Services and all copyrights, trademarks, and all other intellectual property rights related thereto are owned by Empire Business Solutions, LLC, DBA Small Business Coach Associates and are protected by international copyright law and other applicable law. You shall have no ownership or intellectual property rights in or to Small Business Coach Associates System, Products, or Services, including, without limitation, all copyrights related thereto.
Reservation of Rights
Empire Business Solutions, LLC, DBA Small Business Coach Associates expressly reserves all rights not granted in this Agreement. You are not receiving any right or account hereunder to copy, distribute, publicly perform, display or make any other use of the trademarks of Small Business Coach Associates System, Products, or Services or any other trademark of Empire Business Solutions, LLC, DBA Small Business Coach Associates or any other company.
System Use Restrictions
Any use of Small Business Coach Associates System, Products, or Services not expressly permitted in Section 2 above is expressly prohibited and any such unauthorized use shall constitute a material breach of this Agreement. This prohibition includes (but is not limited to): Copying, reproducing, manufacturing, or distributing (free of charge or otherwise) Small Business Coach Associates System, Products, or Services, in whole or in part, in any media to parties not expressly permitted. Transferring, selling, sub accounting or leasing rights in and to Small Business Coach Associates System, Products, or Services to third parties not expressly permitted. Using Small Business Coach Associates System, Products, or Services contrary to morality or applicable law. Modify Small Business Coach Associates System, Products, or Services or create any derived work. All derived works shall be owned by Small Business Coach Associates. Decompiling, reverse engineering, or disassembling, Small Business Coach Associates System, Products, or Services. You shall not alter or remove any legal notices, such as trademark and copyright notices, affixed by Empire Business Solutions, LLC, DBA Small Business Coach Associates on or within Small Business Coach Associates System, Products, or Services.
Term and Termination
The term of this Agreement and the permission herein begin on the date on which you first download, install, load or otherwise use Small Business Coach Associates System, Products, or Services and shall expire, without notice to you or any other notice, if and when Small Business Coach Associates System, Products, or Services is removed from the market. Company may revoke or terminate this Agreement at any time, for any reason or no reason, at its sole discretion. You may terminate this Agreement upon written notice to Company. Notwithstanding anything to the contrary herein this Agreement and the permissions granted to you herein shall immediately terminate, without the requirement of any notice from Empire Business Solutions, LLC, DBA Small Business Coach Associates to you, upon your failure to comply with or breach of any term or provision of this Agreement. Upon the termination or expiration of this Agreement, any and all of your rights hereunder shall terminate without prejudice to any rights or claims, and you shall have no right to use Small Business Coach Associates System, Products, or Services in any manner. You shall immediately destroy all copies of Small Business Coach Associates System, Products, or Services in your possession, custody or control, and all rights granted hereunder shall revert, without notice, to and be vested in Empire Business Solutions, LLC, Small Business Coach Associates. Termination or expiration of this Agreement shall not create any liability against Empire Business Solutions, LLC, DBA Small Business Coach Associates and shall not relieve you from any liability which arises prior to termination or expiration.
Returns, Cancellations, and Chargebacks
Under the terms of this Agreement, you may return any product or cancel your membership and receive a full refund within no more than 30 days from your purchase by submitting a return/refund request to amelton(at)smallbusinesscoach.org or by calling and leaving a voicemail message at 888-504-0777. You agree that there will be no refunds for the purchase of coaching services rendered by a certified Small Business Coach Associates Coach. You agree to provide us with your name, credit card number, date of purchase, and amount of the purchase to enable us to process your return/refund request promptly. You agree to NOT file a chargeback with your credit card issuer until after you have submitted your return/refund request and have given the Company 30 days to process your return/refund request. You understand that submitting a return/refund request does not guarantee that you will receive a refund. The Company will dispute any chargebacks that do not comply with this policy. If you do not agree with the terms and conditions set forth in this provision of this Agreement, you are not authorized to use Small Business Coach Associates System, Products, or Services. By using Small Business Coach Associates System, Products, or Services, the terms and conditions of this provision of this Agreement are fully accepted and satisfactory to you.
Exclusion and Limitation of Liability
Under the terms of this Agreement, Empire Business Solutions, LLC, Small Business Coach Associates’ liability is hereby excluded and limited to the largest extent legally possible. In no event shall Empire Business Solutions, LLC, Small Business Coach Associates be liable for any damages, by they direct, indirect, incidental, special, or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort (including negligence) or otherwise, even if Empire Business Solutions, LLC, DBA Small Business Coach Associates has been advise of the possibility of such damages.
Disclaimer of Warranties
Empire Business Solutions, LLC, DBA Small Business Coach Associates provides Small Business Coach Associates System, Products, or Services to you “as is” and without warranty of any kind, express, statutory, implied, or otherwise, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. Empire Business Solutions, LLC, DBA Small Business Coach Associates does not warrant that Small Business Coach Associates System, Products, or Services or the operation thereof will be free of error or that Small Business Coach Associates System, Products, or Services will meet special requirements of you. No oral or written information or advice given to you by Empire Business Solutions, LLC, DBA Small Business Coach Associates and/or any Empire Business Solutions, LLC, DBA Small Business Coach Associates employee, representative or distributor will create a warranty for Small Business Coach Associates System, Products, or Services, and you may not rely on any such information or advice.
Earnings Disclaimer
You understand and agree that there are important risk factors that should be considered by you when deciding whether to purchase Small Business Coach Associates System, Products, or Services. 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 Small Business Coach Associates System, Products, or Services, and that we have not authorized any such projection, promise, or representation by others.
Any earnings or income statements, or any earnings or income examples, are only estimates of what we believe you could earn. There is no assurance that you will do as well as stated in any examples or testimonials. 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. 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 on the website or otherwise provided by us to be the equivalent of legal advice.
Small Business Coach Associates System, Products, or Services, may contain information that includes or is based upon forward-looking statements. 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 word and terms of similar, meaning in connection with a description of potential earnings or financial performance. Any and all forward looking statements here or on any material on the website are intended to express our opinion of earning potential.
Support
Unless specifically promised under a specific service agreement, Empire Business Solutions, LLC, DBA Small Business Coach Associates will not provide support for Small Business Coach Associates System, Products, or Services. Please do not call or send email to Empire Business Solutions, LLC, DBA Small Business Coach Associates regarding Small Business Coach Associates System, Products, or Services, as Empire Business Solutions, LLC, DBA Small Business Coach Associates will not be able to respond or answer these inquiries.
Warranties and Indemnification
You warrant and represent that:
- You have full legal right and authority to enter into and become bound by the terms of this Agreement;
- You have full legal right and authority to exercise the rights granted herein and to comply with your obligations hereunder;
- You will comply, at all times during the Term, with all applicable laws.
You hereby agrees to indemnify, defend, and hold harmless Empire Business Solutions, LLC, DBA Small Business Coach Associates and/or their successors, assigns, officers, directors, employees, agents, and representatives from and against all damages, claims, losses, causes of action and lawsuits arising from and/or relating to a breach of this Agreement by yourself.
Breach of the Agreement
In the event of a breach of this Agreement by Empire Business Solutions, LLC, Small Business Coach Associates, your sole remedy shall be to terminate this Agreement by delivering written notice of termination to Empire Business Solutions, LLC, Small Business Coach Associates. In the event of a breach by you of this Agreement, Empire Business Solutions, LLC, DBA Small Business Coach Associates may pursue all remedies to which Empire Business Solutions, LLC, DBA Small Business Coach Associates is entitled under applicable law and/or this Agreement. You agree that your unauthorized use of Small Business Coach Associates System, Products, or Services, or any part thereof, may immediately and irreparably damage Empire Business Solutions, LLC, DBA Small Business Coach Associates such that Empire Business Solutions, LLC, DBA Small Business Coach Associates could not be adequately compensated by a monetary award, and in such event, and at Empire Business Solutions, LLC, Small Business Coach Associates’s option, Empire Business Solutions, LLC, DBA Small Business Coach Associates shall be entitled to an injunctive order, in addition to all other remedies available including a monetary award, to prohibit such unauthorized use, without the necessity of Empire Business Solutions, LLC, DBA Small Business Coach Associates posting bond or other security.
Copyright Protection
Small Business Coach Associates System, Products, or Services uses access control and copy protection technology. An online connection is required to authenticate Small Business Coach Associates System, Products, or Services and verify your account. Small Business Coach Associates System, Products, or Services may install additional components required for proper functionality of the copyright protection. Empire Business Solutions, LLC, DBA Small Business Coach Associates reserves the right to periodically validate Your Account through subsequent online authentication. If your Account is not valid, you may not be able to use Small Business Coach Associates System, Products, or Services. The first end user of this Account can install and authenticate Small Business Coach Associates System, Products, or Services on a single machine. If you disable or otherwise tamper with the copyright protection measures, Small Business Coach Associates System, Products, or Services will not function properly.
Consent to Use of Personal Data
To facilitate the copyright protection measure, the provision of updates, any dynamically served content, product support, and other services to you, including online use, you agree that Empire Business Solutions, LLC, Small Business Coach Associates and it’s affiliates may collect, use, store, and transmit technical and related information that identifies your computer (including an internet protocol address and hardware identification), operating system and application software and peripheral hardware. Empire Business Solutions, LLC, DBA Small Business Coach Associates and its affiliates may also use this information in the aggregate, in a form which does not personally identify you, to improve our products and services and we may share anonymous aggregate data with our third party service providers.
General Provisions
This Agreement constitutes the entire understanding between you and Empire Business Solutions, LLC, DBA Small Business Coach Associates regarding the subject matter hereof. This Terms of use Agreement does not constitute and shall not be construed as constituting a partnership or joint venture between Empire Business Solutions, LLC, DBA Small Business Coach Associates and yourself. Neither party hereto shall have any right to obligate or bind the other party in any manner whatsoever. Nothing herein contained shall give, or is intended to give, any rights of any kind to any third persons. Empire Business Solutions, LLC, DBA Small Business Coach Associates may at any time revise and alter the version of Small Business Coach Associates System, Products, or Services. This Agreement supersedes all eventual prior agreements and understanding to the subject matter hereof. Any modifications of and supplements to this Agreement must be made in writing. This provision applies also if the prerequisite of writing is ceded. If any provision of this Agreement shall be found to be invalid or unenforceable for legal or factual reasons the invalidity or unenforceability of such provisions shall not affect the other provisions of this Agreement and all provisions of this Agreement not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic and legal objective of the Agreement. This applies as well in case of an omission or invalidity of the whole Agreement. This Agreement shall bind and inure to the benefit of Empire Business Solutions, LLC, Small Business Coach Associates, its successors, and assigns, and Empire Business Solutions, LLC, DBA Small Business Coach Associates may assign its rights hereunder, in Empire Business Solutions, LLC, Small Business Coach Associates’ sole discretion. This Agreement is personal to you, and you shall not subaccount, assign, transfer, convey nor franchise its rights granted hereunder.
Notices
All notices, reports, requests, approvals and other communications required or permitted under this Agreement must be in writing. They will be deemed given when (a) delivered personally, (b) sent by confirmed facsimile, (c) sent by commercial or overnight courier with written verification of receipt, or (d) sent by registered or certified mail, return receipt requested, postage prepaid. All communications must be sent to the receiving party’s initial address for notice given on the signature page of this Agreement or to such other address that the receiving party may have provided for purposes of notice by notice as provided in this section.
Complete Agreement; Amendments
This Agreement constitutes the entire understanding between the parties of the subject matter covered by this Agreement. No modification or amendment of this Agreement shall be effective unless in writing and signed by duly authorized representatives of both parties.
Governing Law
Place of performance of this Agreement is Greer, South Carolina (U.S.A). If the You is defendant, Empire Business Solutions, LLC, DBA Small Business Coach Associates might, if admissible, determine as court of jurisdiction the court where the You is resident or the court competent for the corporate domicile of Empire Business Solutions, LLC, Small Business Coach Associates, which currently is Greer, South Carolina (U.S.A). If Empire Business Solutions, LLC, DBA Small Business Coach Associates is the defendant the parties expressly agree on the exclusive jurisdiction of the courts of South Carolina (U.S.A). This Agreement on jurisdiction applies to all claims, be they based on contract, or tort or on any other legal basis, arising under or in connection with this agreement. The provisions of this Agreement shall survive cancelation, expiration or termination of this Agreement.