THERE IS A MANDATORY ARBITRATION AND WAIVER OF CLASS ACTION IN THESE TERMS. PLEASE REVIEW CAREFULLY.

The following terms ("Terms of Use") constitute an agreement between SMI Financial Coaching LLC (the "Company") and the purchaser ("You") of the Master the Money course (the "Course") found at https://smifinancialcoaching.com/ (the "Website") that governs Your participation in the Course. You agree to abide by the Terms of Use as a condition of Your participation in the Course.

Your purchase of the Course constitutes Your acceptance of, and agreement to the following Terms of Use. Company reserves the right to modify, alter, amend or update its Course, policies and these Terms of Use. These Terms of Use are subject to change without notice. If You do not agree with or do not accept any part of these Terms of Use, You should not purchase the Course. Additionally, this Course is hosted on the Teachable platform and is subject Teachable’s Terms of Service and Privacy Policy.

Privacy Policy

Company respects Your privacy and is committed to protecting it. Your access and use of the Courses are subject to the Website’s privacy policy as well.

Disclaimer

You understand that a professional or consulting relationship does not exist between You and Company outside of the purchase of this Course. Company has made every effort to ensure that all materials within the Course have been tested for accuracy. There is no guarantee that You will see positive results to Your business using the techniques and materials provided by Company. Company assumes no management responsibility for Your decisions or for policies or practices that You implement.

Any statements related to income or earnings potential, regardless of medium, are examples of what may be possible in the future. Company makes no guarantees regarding results, present or future. Company is not responsible for Your earnings, income, sales, or any other business performance as a result of your use of the Course.

Business Coaching and Consulting Disclaimer

Company has made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, provided as part of the Course has been tested for accuracy. There is no guarantee that You will see positive results to Your business using the techniques and materials provided in the Course. Company assumes no responsibility for Your decisions or for policies or practices that You implement based on information in the Course. Everything provided in the Course is for informational purposes only.

Financial Information Disclaimer

From time to time, the Course may discuss topics related to finance. This information is not advice and should not be treated as financial advice. The financial information provided in the Course is provided "as is" without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the financial information in the Course.

You must not rely on the information in the Course as an alternative to advice from a certified public accountant or licensed financial planner. There is no accountant-client relationship created from the publication or distribution of financial information in the Course. You should never delay seeking financial advice, disregard financial advice, or discontinue professional financial services as a result of any information provided in the Course.

Income or Earnings Disclaimer

Any statements related to income or earnings potential in the Course are examples of what may be possible in the future. We make no guarantees regarding results, present or future. We are not responsible for Your earnings, income, sales, or any other performance as a result of the actions You take based upon the information provided in the Course. The Course is provided for informational purposes only.

Your Responsibility

The Course was developed strictly for educational purposes. You understand and agree that You are fully responsible for Your participation, progress, and results from the Course. Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. You understand that Company is not responsible for Your results or any expenses that You may incur as a result of Your purchase. Company assumes no responsibility for errors or omissions that may appear in the Course.

Purchase Policies

You may purchase the Course on the Website. To purchase a Course, You will be required to select a payment plan and provide Company’s third-party payment provider with information regarding Your credit card or other payment instrument. You represent and warrant to Company that such information is true and that You are authorized to use the payment instrument. You will promptly update Your user Account information with any changes (for example, a change in Your billing address or credit card expiration date) that may occur. You agree to pay Company the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Use. You hereby authorize Company to bill Your payment instrument in advance in accordance with the terms of the applicable payment plan until You complete full payment and You further agree to pay any charges so incurred. If You dispute any charges You must let Company know within sixty (60) days after the date that Company charges You.

If Company or its third party payment provider is unable to charge Your payment instrument in accordance with the applicable payment plan, three additional attempts will be made to charge You, on the 3rd, 8th, and 15th day after the initial attempt. If the payment instrument cannot be charged You will automatically be removed from the Course and will need to re-enroll in the next available Course to re-gain access. Should You be removed from the Course for non-payment, You are still responsible to pay all outstanding payments for the Course.

Accounts will be charged a late fee of one percent (1%) per month for any balance thirty (30) days or more past due. All costs associated with the collection of overdue accounts, including attorney's fees and expenses and any court fees or filing fees, will be billed to You, and You hereby agree that You are responsible for such costs, fees and expenses.

The Course is provided via pre-recorded videosvia Teachable and includes checklists and templates for Your use. You will be able to watch Course videos on demand for as long as Company provides the Course via Teachable however the videos may not be downloaded. The Course also has the option to purchase four (4) live group coaching calls and email support commencing after the first coaching call until the final coaching call. The Course also includes access to a private Facebook group at https://www.facebook.com/groups/masterthemoneyinyo...(the "Group") so You can connect with other members of the Course.

Registration and Restricted Access

Access to the Course may be restricted. Company reserves the right to restrict access to the Course at its sole discretion.

The Course may be made available to You as a registered user. When You are registered, You are required to create a user profile, which may include a username and password ("User Account"). You agree to keep Your username and password confidential. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights or another person or entity or is offensive, vulgar or obscene. If You suspect Your password has been compromised, You must notify Company immediately at [email protected]. Company will not be liable for any loss caused by the unauthorized use of Your account; however, You may be liable to Company or other third parties for any losses incurred due to such unauthorized use.

When You create a User Account, You guarantee that You are 18 years of age or older, are able to consent to these Terms of Use, and that the information You provide to us is accurate, complete, and current at all times. Violation of this paragraph may result in the immediate removal from the Course without refund, in Company’s sole discretion.

Company may refuse to register a user for the Course, remove or edit any content contributed to the Course or cancel any access to the Course. Company may, without notice, refuse access to its Course, in whole or part, to any person that fails to comply with these Terms of Use.

Company reserves the right to modify methods for registration and access levels of registered users from time to time.

Refund Policy

You have thirty days from date of purchase to request a refund for the Course if You believe it was not beneficial for You. To be eligible for a refund You must, within thirty (30) days from date of purchase:

  • Email Company at [email protected] with Your refund request; and
  • Provide Company with a copy of all completed exercises from the Course.

You will no longer have access to any part of the Course after a refund is requested.

Confidentiality & Privacy

Company respects Your privacy and insists You agree to respect the privacy of Company and all other Course participants ("Participants"). Any confidential information ("Confidential Information") shared by Course Participantsor any Company representative, including in the Group, is confidential and proprietary. You agree not to disclose, reveal or make use of any Confidential Information received during any part of the Course. You agree not to use such Confidential Information in any manner other than in discussion with other Participants during the Course. Confidential Information includes, but is not limited to, information disclosed in connection with the Course and information related to the business or client information of Company or a Participant and shall not include information rightfully obtained from a third party. You will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. You agree not to violate the Company’s publicity or privacy rights. Furthermore, You will NOT reveal any information to a third party obtained in connection with this Course. By purchasing this Course,You agree that if You violate or display any likelihood of violating this section of the Terms of Use, the Company and/or the other Participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations. However, Company shall not be liable for the failure of any third party to maintain the confidentiality of Your information.

Intellectual Property

All original materials provided by Company as part of the Course are owned by Company or instructors hired by the Company. Any original materials are provided for Your individual use onlyand the Course, in whole or in part, may not be reproduced for publication or for the personal or commercial use of others without permission. You are not authorized to use or transfer any of Company's or Company instructor’s intellectual property or any aspect of the Course. All intellectual property remains the property of Company or of the instructor of the Course. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. Company or the Course instructor will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

By accessing and viewing any Course, You agree that You will not create any electronic information product that utilizes the information gained through the Course whether or not that information was available through other means.

Certain of the names, logos, and other materials displayed in the Course constitute Company’sintellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights ("CompanyIP"). You are not authorized to use any CompanyIP without Company’s express consent. Ownership of Company IP remains with Company and You agree not to make any claims or assertions of any other party’s ownership of CompanyIP.

Master the Money is a trademark of Company and is protected by United States trademark law. Company'strademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Company.

Grant of Rights and Release

You understand and agree that Company may record, otherwise capture, and publish portions of the Course including Your name, image, and video and sound recordings of You (the "Recording"). You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute the Recording and any content You contribute to the Course (the "Student Content"). The Student Content includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material.

This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.

You understand and agree that this license and release survives any termination or cancellation, and Company may, in its sole discretion, utilize the Recording and Student Content as set forth herein. This authorization and release shall inure to the benefit of the legal representatives, licensees and assigns of Company and You hereby release Company from, and agree not to sue for, any claim or cause of action, whether known or unknown, for libel, slander, invasion of right of privacy, publicity or personality, or any other claim or cause of action, based upon or relating to the use of the Recording or Student Content, or the exercise of any of the rights referred to herein.

You acknowledge that, in the event of any breach by Company or any third party, the damage, if any, caused will not be irreparable or otherwise sufficient to entitle You to seek injunctive or other equitable relief. Your rights and remedies will be strictly limited to the right, if any, to recover damages in an action at law, and You will have neither the right to rescind or terminate this license or any of Company’s rights hereunder, nor the right to enjoin the production, exhibition, or other exploitation of the Recording or Student Content.

Content Contributed to the Course

Any content You contribute to the Course, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against You or Company or a third party.

Company reserves the right to edit or remove: (i) any material submitted to the Course; (ii) stored on Company’s servers; or, (iii) hosted or published on the Course or Website. Company takes no responsibility and assumes no liability for any content posted by You or any third party.

Notwithstanding Company’s rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Course.

COMMENT POLICY

The Course may offer You the option to provide comments either written or verbal. The following types of comments will not be tolerated and will be deleted:

  • harassment directed toward any content creator, Participant or Company;
  • spam;
  • hate speech;
  • defamatory comments to Company or any third party;
  • references to illegal acts;
  • violations of the legal rights of a third party; or
  • Any other action that may impede the use and enjoyment of the Course by other Participants.

Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to You if Your comment was determined to be in violation with this policy. Company reserves the right, in its sole discretion, to revoke access to the Course in the event You violate this provision. In this event, no refunds will be due to You.

You are, and shall remain, solely responsible for any content You upload, submit, post, transmit, communicate, share or exchange by means of the Course and for the consequences of submitting or posting the same. COMPANY DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE COURSE OR WEBSITE AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER PARTICIPANTS OF THE COURSE. YOU ACKNOWLEDGE AND UNDERSTAND THAT COMPANY HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS PARTICIPANTS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS PARTICIPANTS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS PARTICIPANTS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER MEMBER IN PERSON. COMPANY DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS PARTICIPANTS. IN NO EVENT SHALL COMPANY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY PARTICIPANT'S CONDUCT, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN PARTICIPANTS.

You and any Participant violating the Terms of Use may be immediately and permanently removed from the Course, in Company’s sole discretion.

Any content posted in the Course is the sole responsibility of the person(s) who created it, and Company and its employees, agents, directors, and officers, undertake no obligation or liability related to such content. Company and its employees, agents, directors, and officers, do not undertake or assume any duty to monitor for inappropriate or unlawful content posted by Participants, nor does it assume responsibility or liability that may arise from any content posted in the Course, including, but not limited to, claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation.

Company reserves the right to report to the appropriate authority any post, comment, message or Participant in the Course that Company deems, in its sole discretion, may implicate the safety of either a member or a third-party.

Communication - Electronic Notice

You consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.

The Course offers resources that may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that You have read and agree to be bound by all applicable Terms of Use and policies for any third-party websites. Company assumes no control or liability over the content of any third-party sites. You expressly hold harmless Company from any and all liability related to Your use of a third-party website.

Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Course, You must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked in the Course, You expressly hold Company harmless from any and all liability in any dispute.

No Warranties

The Course is provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose. Company makes no representations or warranties in relation to the Course or the information and materials provided therein.

Company makes no warranty the Course will meet Your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Course.

Limitation of Liability

COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS COURSE OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Indemnity

You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which Company suffers as a result of third-party claims based on: (i) Your negligence or intentional misconduct, (ii) Your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by You including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, Your obligations hereunder.

Equitable Relief

You acknowledge and agree that in the event of certain breaches of the Terms of Use, Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, You agree that Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.

Miscellaneous

The Terms of Use will be governed and construed in accordance with the laws of the State of North Carolina. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in Wake County, North Carolina. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. The Terms of Use may not be assigned by You without Company's prior written consent, however, the Terms of Use may be assigned by Company in its sole discretion. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Course offered by Company. Company reserves the right to amend, alter, or modify the Terms of Use at any time. All notices with respect to the Terms of Use must be in writing and may be via email to[email protected]for Company and to Your email address.

THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.