The following are terms of a legal agreement between you and Aaron Stokes DBA Shop Fix Academy By purchasing coaching and/or consulting services from Shop Fix Academy or any other property held by Shop Fix Academy, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations.
1. INTRODUCTION: Shop Fix Academy a Tennessee company, agrees to provide you (Client) with business Coaching and/or Consulting Services (defined below), subject to your compliance with the terms and conditions hereafter outlined (Terms and Conditions). Please read these Terms and Conditions carefully. As a Client, you agree to be bound by these Terms and Conditions, both for current and for any additional services for which you may contract with Shop Fix Academy, including all payment terms (collectively, the Agreement). In this Agreement, “you” and “your” refers to the Client.
Engaging Shop Fix Academy for Coaching and/or Consulting Services requires that you have verbally accepted a summary of key provisions of these Terms and Conditions.
IF, SUBSEQUENT TO YOUR VERBAL ACCEPTANCE OF THE SUMMARY TERMS AND CONDITIONS, YOU DO NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOTIFY SHOP FIX ACADEMY WITHIN FIVE (5) DAYS OF YOUR ORDER AND ALL SERVICES WILL BE CANCELED WITH NO FURTHER OBLIGATIONS BY EITHER PARTY. NOTE THAT YOU SHALL BE RESPONSIBLE FOR COSTS OF SERVICES PROVIDED BY SHOP FIX ACADEMY UNTIL SUCH CANCELLATION PROCEDURE IS FOLLOWED. FAILURE TO NOTIFY SHOP FIX ACADEMY OF CANCELLATION ACCORDING TO THE PROCESS DEFINED ABOVE SHALL BE DEEMED TO INDICATE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AND AGREE TO BE BOUND BY THEM.
You agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of the Coaching and/or Consulting Services, shall be bound by, and shall abide by, these Terms and Conditions. You further agree that you are bound by these Terms and Conditions whether you are acting on your own behalf or on behalf of a third party, including another Client.
2. TERM, PAYMENT & MODIFICATION: For recurring coaching, online membership or consulting services- The term of this Agreement shall begin and become effective as of the sign-up date, which coincides with initial payment. The term shall continue as follows unless otherwise mutually agreed upon in writing. This Agreement shall renew at the end of each 30-day period for a successive 30-day term unless either party provides written 5-day notice of its intention not to renew or if both parties agree to enter a new contract term for a determined time period.
Any and all “one-time” purchases (Strategy Sessions, Events, In-Person Consulting, products, course and the like) shall not be tied to any other services or subject to this agreement, unless otherwise specified by client.
Client agrees to pay to Shop Fix Academy all applicable charges to its account in United States dollars, in accordance with the payment terms and conditions and/or payment plan mutually agreed upon, including, if any, all applicable taxes. If any mutually agreed upon payment terms of additional services requested by you are different than the terms set forth in these Terms and Conditions, the payment terms for the additional services shall apply to those services. Client agrees that any setup fee (or similar one time payment depending on the Advertising Service selected by Client) is nonrefundable as it is applied to costs immediately incurred by Shop Fix Academy in initiating services.
Client understands and agrees that the Coaching, Online Membership and/or Consulting Services are billed one month in advance. In addition, if Client has elected to pay Shop Fix Academy by credit card, Client agrees to authorize Shop Fix Academy to charge its credit card in advance for such payments and for any amounts owed under this Agreement.
In the event collection proves necessary, the Client agrees to pay all fees (including all attorneys’ fees and court costs) incurred by that process.
You understand that Shop Fix Academy may modify its standard terms and conditions and service offerings from time to time and that Shop Fix Academy reserves the right to adjust the pricing of such services. Following the fulfillment of initial contract terms, Clients in month-to-month contracts may be subject to revised terms and conditions and/or pricing.
3. METHOD OF PAYMENT: Client must set up direct withdrawal from a valid, sufficiently funded bank account, provide a valid credit card with sufficient credit, or maintain a deposit with Shop Fix Academy that Shop Fix Academy can bill for all contracted Services.
4. REFUND POLICY AND CANCELLATIONS: The product and/or services referenced herein is sold with strictly no refund after the 30 calendar day trial period. All cancellations within 30 calendar days of purchase need to be submitted in writing to firstname.lastname@example.org. Cancellations shall take effect within a 5 day period after the written request and the client’s credit card will not be charged again.
5. REFUNDS FOR PHYSICAL PRODUCTS: Any orders of physical products must be returned within 30 days (in original condition) to be eligible for a refund.
6. SERVICES PROVIDED: Coaching and/or Consulting Services are the process by which Shop Fix Academy will help you grow your business via proprietary systems, frameworks and advice. Though Shop Fix Academy cannot guarantee specific results, we proactively seek to provide high quality advice and systems that maximize the Client’s return on advertising spending.
7. OWNERSHIP OF NON-CLIENT PROPERTY: Title and full ownership rights in and to the Coaching and Consulting frameworks, strategies and systems, together with any and all ideas, concepts, computer programs, and other technology supporting or otherwise relating to Shop Fix Academy’s operation of the Shop Fix Academy network and website(s) (collectively, the “Shop Fix Academy Materials”), shall remain at all times solely with Shop Fix Academy and/or with the respective outsourced service provider or author. Client acknowledges that it has not acquired any ownership interest in the Shop Fix Academy Materials and will not acquire any ownership interest in the Shop Fix Academy Materials by reason of this Agreement.
8. YOUR SITE: You hereby acknowledge that Shop Fix Academy is not responsible for the maintenance of your website(s); nor is Shop Fix Academy responsible for order entry, payment processing, shipping, cancellations, returns or customer service concerning orders placed on your website(s). You further acknowledge that your site does not contain any Shop Fix Academy owned or licensed content, including but not limited to any Shop Fix Academy search listings, except pursuant to a separate signed affiliate agreement with Shop Fix Academy.
9. CLIENT REPRESENTATIONS AND WARRANTIES: Client represents and warrants to Shop Fix Academy that for the term of this Agreement, this Agreement constitutes a valid, binding, and enforceable agreement in accordance with its terms; Client is the authorized owner or representative of the website(s) for which Coaching and Consulting Services will be performed; and Client’s website will not violate any applicable law or regulation; does not infringe upon in any manner any third party rights, including but without limitation to copyright, patent, trademark, trade secret, or other intellectual property right or right of privacy or publicity; is not false or misleading; has not and will not result in any consumer fraud, product liability, breach of contract, injury, damage, or harm of any kind to any person or entity; is not defamatory, libelous, slanderous, or threatening; is free of viruses; does not contain, promote, or offer any form of spyware, adware, or other advertising or information collection software; and/or does not contain, link to or promote any of the following: violence, hate crimes (whether racial or otherwise), illegal activities, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
10. CLIENT COVENANTS: Client further agrees to perform as follows:
Client will not hold Shop Fix Academy or its affiliates liable or responsible for the activities of visitors who come to Client’s website(s) through Coaching and Consulting Services.
If Client sells or promotes adult materials, alcohol or tobacco products, or other age restricted products and/or services, Client will: (i) have age verification on its sites’ home page and in the sales process in compliance with all applicable laws and regulations; and (ii) shall not offer such products and/or services in jurisdictions in which they are prohibited or are in any way restricted.
11. CLIENT INDEMNIFICATION OBLIGATIONS: Client agrees to indemnify, defend, and hold harmless Shop Fix Academy, its distribution partners, its licensors and licensees, and affiliated companies, and any of their officers, directors, employees, representatives and agents, from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys’ fees) that may at any time be incurred by any of them by reason of any claims, suits, or proceedings (collectively being referred to herein as a “Claim”) for, including without limitation, libel, violation of right of privacy or publicity, copyright infringement, trademark infringement, or other infringement of any third party right, fraud, false advertising, misrepresentation, product liability, or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with Coaching and Consulting Services performed on behalf of Client, Client’s website(s) or contents therein, Client’s conduct, acts or omissions, or any alleged or proven breach by Client of any term, condition, agreement, representation, or warranty herein, excluding any Claim that arises solely from the acts or omissions of Shop Fix Academy or its agents or employees. Shop Fix Academy will notify Client of any claim, action, or demand for which indemnity is required in the reasonable opinion of Shop Fix Academy and will cooperate reasonably with Client at Client’s expense. At the election of Shop Fix Academy, Client shall advance to Shop Fix Academy amounts in satisfaction of such Claim, which Shop Fix Academy may hold in escrow pending resolution of such Claim. The law firm Client chooses to defend Shop Fix Academy must be experienced in defending similar claims and will be subject to Shop Fix Academy’s approval, which will not be unreasonably withheld. Client may not settle any lawsuit or matter relating to the culpability or liability of Shop Fix Academy without the prior written consent of Shop Fix Academy. Shop Fix Academy will have the right to participate in any defense of a claim and/or to be represented by counsel of its own choosing at its own expense. Without limiting any rights and remedies hereunder or under applicable law, Shop Fix Academy shall have the right to set off any liability of Client to Shop Fix Academy with respect to a Claim against any amounts held on deposit with Shop Fix Academy by Client.
12. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER: Shop Fix Academy makes no representations or warranties relating to the results of Coaching and Consulting Services, including, without limitation, the number of impressions or click-throughs and any promotional effect or return on investment thereof. As Shop Fix Academy relies on third parties for certain data, Shop Fix Academy makes no guarantees regarding the accuracy, reliability, or completeness of any usage statistics.
In no event shall Shop Fix Academy be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown.
13. SUCCESSORS AND ASSIGNS: Subject to the limitations set forth herein on assignment of this Agreement or the rights hereunder by Client, all of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns.
14. CHOICE OF LAW; EXCLUSIVE VENUE: This Agreement shall be construed in accordance with the laws of the state of Tennessee, and the parties agree that should any dispute arise concerning this Agreement, venue shall be laid exclusively in a court of competent jurisdiction in Williamson County, State of Tennessee.
15. HEADINGS: Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
16. WAIVER: Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver. No waiver of any breach or default of this Agreement by either party hereto shall be considered to be a waiver of any other breach of default of this Agreement.
17. ENTIRE UNDERSTANDING: This document and any exhibit, schedule, or other supplementary document attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
18. ATTORNEYS’ FEES: In the event a dispute arises between the parties hereto, then the prevailing party in such dispute, whether or not a final decision is ultimately rendered by the court, shall be entitled to receive its attorneys’ fees reimbursed from the non-prevailing party.
19. NO THIRD PARTY BENEFICIARIES: The covenants, undertakings, and agreements set forth in this Agreement are solely for the benefit of and enforceable by the parties or their respective successors or permitted assigns.
20. SURVIVAL: The sections of this Agreement that address or govern matters or circumstances that could occur after termination of this Agreement shall be interpreted to survive any such termination.
21. EXECUTION: This agreement is executable upon successful payment from Client. By purchasing coaching and/or consulting services from Shop Fix Academy or any other property held by Shop Fix Academy, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations.
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THESE PRODUCTS AND THEIR POTENTIAL. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS 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 PURPORT THIS AS A “GET RICH SCHEME.”
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS 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 PRODUCT AND OUR WEBSITE 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 OR ON ANY OF OUR SALES 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 ELSES, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
Why We Collect Information
First and foremost, Shop Fix Academy collects information to improve the services we provide and to present you with information and services that will interest you. We also use your information to measure our success and performance. For example, aggregate information gives us an idea of the number of visitors we attract and how they navigate our websites.
Use of Personal Information
Unless you voluntarily provide personal information for a specific purpose, we do not collect personal information from you. We will never combine any personal information about a user of our site with any aggregate information we collect about that user, whether collected on our site or our Advertising Service. If you choose to provide personal information during registration or when using our services, we use your personal information to provide you with particular product or services that you request. If your personal information changes, you may correct, update or delete it by emailing our Customer Support at TJ@shopfixacademy.com.
Shop Fix Academy will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. However, we may transfer personal information in connection with a sale or merger of Shop Fix Academy or the division responsible for the services provided to you. We may also share your personal information, such as your email address, mailing address, etc., with our technical consultants, third party auditors and other third parties who make our site available, enhance its functionality or provide associated services and/or who deal with you in processing your orders and/or delivering content, samples, products, services and gifts and prizes. These third parties are not allowed to use personal information except for the purposes of providing the applicable services. In addition, we reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our website. Our site and services are maintained in the United States of America. By using the site and/or services, you authorize the export of personal information to the USA and its storage and use as specified in this policy.
Other Information We Collect and Use
Third Party Website Links
Some of our websites provide links to third party websites, such as those of our affiliates, business partners and advertisers. We have no access to or control over their practices. Because Shop Fix Academy does not control the information policies or practices of these third party websites, you should review their privacy policies to learn more about how they collect and use personal information.
Shop Fix Academy stores all data using industry standard security devices, such as firewalls and encryption protocols, to safeguard against unauthorized access to our data. We have put in place reasonable physical, electronic, and managerial procedures coupled with carefully developed security procedures to protect your information from loss, misuse or unauthorized alteration. When we ask for sensitive information, such as credit card numbers, we protect it through the use of the Secure Socket Layer (SSL) protocol which provides encryption during transmission. We have put in place policies to restrict access to your information by our employees. Our employees are trained to safeguard your information. Additionally, we use internal and external resources to review the adequacy of our security procedures.
Protection for Children
We do not knowingly collect personal information from anyone under the age of 18.
Digital Millenium Copyright Act Notice
Takedown Policy and Procedures
Shop Fix Academy respects the intellectual property rights of others just as it expects third parties to respect its rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our DMCA Agent listed below. As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information:
Notice of Infringement – Claim
1. A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
4. Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
5. A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).
Send all takedown notices to the following. Please send by email or fax for prompt attention.
Shop Fix Academy TJ Roberts
140 Royal Oaks Blvd.
Franklin, TN 37067
Counter Notification – Restoration of Material
If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):
1. Your physical or electronic signature.
2. A description of the material that has been taken down and the original location of the material before it was taken down.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that the you will accept service of process from the person or company who provided the original infringement notification.
5. Email your counter notice to email@example.com for prompt action.
Repeat Infringer Policy
Shop Fix Academy takes copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, we maintais a list of DMCA notices from its copyright holders with its registered DMCA Agent. The company makes a good faith effort to identify any repeat infringers on this list pursuant to the safe harbor requirements of the DMCA.
Shop Fix Academy reserves the right to modify the contents of this page and its policy for handling DMCA claims at any time for any reason. You are encouraged to check back to review this policy frequently for any changes.