THE STEP UP NETWORK LLC

TERMS & CONDITIONS OF PURCHASE

FOR CONTRACT TEMPLATES, DIGITAL PRODUCTS AND OTHER

CONTENT FROM THE STEP UP NETWORK LLC

 

Last updated: December 26, 2022

Please read these Terms & Conditions of Purchase (“Terms”) carefully before completing your purchase of any customizable template, course, digital product, course or program (“Company Content”) from The Step Up Network LLC, www.thestepupnetwork.com (the “Company,” “we,” “our,” “us”).

By completing your purchase and accessing or using the Company Content you agree to be bound by these Terms. If you disagree with any part of these Terms, you should not complete your purchase. In the event of any conflict between these Terms and the Website Terms of Use, Disclaimer, or Privacy Policy, these Terms shall control.

The Company Content to which these Terms apply may include customizable legal templates; digital products; course content; materials, guides, resources, or checklists available for viewing or download; live course access either virtual or in person; live group coaching calls via live video stream or video conferencing software or in person; or other information and materials furnished by the Company and access to a website or platform owned or maintained by us (the “Website”), and also including but not limited to the online software platforms that we use to distribute our Company Content, a group on any social media platform, or similar online community. By purchasing access to the Company Content, you agree to abide by these Terms and our Website Terms of Use, Privacy Policy, and Disclaimer (collectively, these “Terms”). 

You must be at least 18 years of age or older to purchase from the Company. If you are not at least 18 years old, you must stop and not proceed with the purchase. 

DISCLAIMER

Not a Law Firm

The Company is not a law firm. The Company does not provide legal services. 

Not Professional Advice

The information contained in the Company Content is not intended as, and shall not be understood or construed as, legal or other professional advice. The Company Content is for educational and informational purposes only. The Company Content should not be construed as legal, financial or any other type of professional advice. While the Company’s representatives and/or employees may be attorneys or other professionals and the information provided in the Company Content relates to issues within their area(s) of professionalism, the information contained in the Company Content is not a substitute for advice from an attorney or other professional who is aware of the facts and circumstances of your individual situation.

The Company and its representatives and employees have taken reasonable measures to ensure that the information provided in the Company Content is accurate and to provide valuable information. The Company expressly recommends that you seek advice from a professional. Nothing in the Company Content should be understood as a recommendation that you should not consult with a professional to address your particular situation. 

The Company shall not be liable or responsible for any errors or omissions in the Company Content or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

No Professional-Client Relationship

Your purchase of the Company Content does not create a professional-client relationship between you and the Company or any of our professionals. As there is no attorney-client or other professional relationship, you further recognize and acknowledge that any information you share with the Company or its representatives will not be protected by attorney-client privilege. 

Your Personal Responsibility and Assumption of Risk

By using the Company Content, you accept personal responsibility for the results of your actions. You are using the Company Content at your own risk and you assume all the risk of your access to the Company Content and/or the Website and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to you. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Company Content. You agree to use judgment and conduct due diligence before taking any action, refraining from taking any action or implementing any plan or policy discussed, suggested or recommended in the Company Content. The Company is not responsible for your personal actions or inactions. You will not hold or attempt to hold the Company responsible or liable for your use of Company Content. 

Seek Local Attorney Review and Advice

We do not represent or guarantee that the customizable templates will address your specific circumstances or comply with your state’s laws. 

The law is constantly evolving.  Legislative bodies are continuously enacting new laws, and the courts and regulatory agencies are continuously interpreting these laws. Some laws are managed on the federal level and apply to everyone in the United States, while other laws apply only at the state or local level in the specific state or city/town where they were adopted. Sometimes when laws are interpreted by the courts or regulatory agencies, those interpretations are governed not only by the laws that apply but by the facts present in that particular case. And prior court rulings can be overruled and changed. The Company uses reasonable efforts to provide you with high quality informational and educational materials, however this information and these materials may not be appropriate for you based on your personal situation, where your business is located, the type of products or services that your business sells and this information can change over time. There may be situations where courts refuse to enforce provisions in the templates, guides, forms or other documents included or discussed in our Company Content based on the laws applicable to that particular state, the facts of the case, or both. The Company Content is based generally on the laws of the United States of America and the Company makes no representations that any of the informational or educational materials provided in the Company Content incorporates the concepts or legal principles of any other country. 

Certain Company Content may include a video or written guide designed to assist you with customization of a contract template. These videos and guides contain summary information only.  These videos and guides are not designed to be a complete explanation or interpretation of every term included in the document nor should they be relied on as such.

 If you need legal advice you should engage an attorney in the state where you live/operate your business who can provide that advice to you. 

The Company Content is intended to be general education and information and is not intended to represent the legal requirements of any state or the legal solution appropriate for your or your business. Only an attorney licensed in your state can advise you as to the risks, applicability or enforceability for you or your business of any of the provisions or materials in the Company Content.

PAYMENT POLICY

Payment Policy

For purchases you make from the Company, you agree to pay for the Company Content in full (including all applicable sales and other taxes or fees) as indicated on the sales and checkout pages for such Company Content and to provide the Company with a valid credit card, debit card, or other payment method. 

To complete your purchase, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your credit card CVV code, your billing address, and your shipping address. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and (ii) the information you supply to the Company is true, correct and complete. 

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected including purchases made with prepaid credit cards. The Company reserves the right to refuse or cancel your order at any time for any reason, including but not limited to product or service availability, errors in the description or price of the product or service, or errors in your order.

We may use third party services for the purpose of facilitating payment and the completion of your purchase. By submitting your information, you grant the Company the right to provide your payment information to these third parties subject to our Privacy Policy. Third party services may have different policies than the Company.  We are not responsible for the policies or practices of any third party vendor and we are not liable for any damages caused by such third parties, including for breach of your personal information.  You hereby release the Company and any third party payment processor from any and all damages that may occur and you agree not to assert any claims against the Company or any third party for any damages arising from your purchase of any Company Content. 

Payment Plan Option

We may offer a payment plan from time to time for the purchase of select Company Content. If you select the payment plan, your card will be charged the first payment at checkout in the amount indicated on the checkout page and subsequent payments will be charged on the same day of the month until all payments are made in full. 

If all eligible payment methods the Company has on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your access to the Website and all Content will be revoked three (3) days after the missed payment. You will also not receive access to future versions of or updates to the Company Content until all payments are made in full.

If your account remains in delinquent status for longer than sixty (60) days, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to our sole discretion until the account is brought current and in good standing.

To be clear, a payment plan is a convenience the Company offers and is not a subscription payment model that can be canceled or a “pay in part” program where you can pay only for access to certain materials and not others. 

REFUND POLICY

Due to the digital and informational nature of the Company Content, NO REFUNDS will be issued for any reason at any time after purchase.

We want you to be 100% satisfied with your purchase.  If you experience any difficulties accessing, retrieving, or downloading your purchased Company Content, contact the Company immediately at [email protected].

The Company will not tolerate any charge-backs, real or threatened. A chargeback occurs when you dispute the charge for purchases you made from us with your credit card company and seek a refund directly from your credit card company. If you institute a chargeback on Company Content that you purchase, the Company reserves all rights and remedies available to it including without limitation the right to report the incident to the three major credit reporting bureaus, which may negatively impact your credit score. If we report you to the credit reporting bureaus and you would like to have this information removed, please contact us to make the outstanding payment and we will provide updated information to the credit reporting bureaus. You agree to pay all costs incurred by the Company, including reasonable attorneys’ fees, in connection with disputing any invalid chargeback initiated by you including without limitation the costs and fees to participate in any arbitration with your credit card company arising out of an invalid chargeback initiated by you. 

ACCESS TO COMPANY CONTENT AND AVAILABILITY

The Company does not own or control the platform that hosts the Website and other Company Content. Your access to Company Content and the Website may be delayed or interrupted.  The Company shall not be liable to you if you are unable to access the Website or any Company Content.  The Company reserves the right to remove, modify or discontinue any Company Content at any time, for any reason, and without advance notice to you. No refunds will be offered for any Company Content that is discontinued or is otherwise unavailable. Some Company Content will be made available for the “life of the product” which means that the Company may discontinue a product at any time for any reason and that the “life of the product” will end at that time. The Company makes no promises or guarantees about the availability of Company Content in the future. The Company reserves the right to revoke your access to Company Content at any time if you breach any of the Company’s policies. No refunds will be provided if your access is revoked. 

CONFIDENTIALITY

We will not disclose any personal information you provide except as set forth in these Terms and as further provided in our Privacy Policy. As a purchaser of the Company Content, you may have access to a community of other purchasers. As a condition of purchasing the Company Content, you agree to respect the privacy of other purchasers. You agree not to share any information provided by other purchasers outside the community unless such other user gives you express written permission.

You further agree to respect the Company’s confidential information. The Company Content contains our proprietary methods, forms, templates, and other information. You agree not to share the information provided to you in the Company Content with anyone other than the Company and other purchasers of the Company Content. 

YOUR​ ​MATERIALS​ ​AND​ ​CONTRIBUTIONS

By submitting a comment, photo, video or other documents or information to the Website, you grant to the Company a non-revocable, commercial license to republish your submission in whole or in part unless you explicitly state that we may not do so with your submission. You have no right to privacy related to your actions in accessing the Company Content or related materials or participating on the Website, and the Company reserves the right to disclose your participation to others. 

You must own the copyright to any images or other materials you use on the Website or in the Company Content. You grant the Company a non-revocable, commercial license to any images you submit to us, such as a Facebook profile photo or other profile image you voluntarily provide or which is provided by default in accessing the Company Content or the Website, or that you provide voluntarily upon our request. By providing your image or likeness, you are giving us a voluntary release of your image and likeness that the Company may use for any reasonable future business use. 

By participating in any live group coaching calls, in events held via video conferencing software, or in person events you consent to the recording of your participation in such calls or events. Such recordings will be made available as provided in the specific piece of Company Content where they are made and may be used for any reasonable future business use at the discretion of the Company.

The Company is not obligated to notify you or anyone of our use in our own publications of photographs or other images that you submit to us by default or voluntarily. 

INTELLECTUAL PROPERTY 

The Company Content and the Website contain intellectual property owned by the Company, including trademarks, copyrights, proprietary information, and other intellectual property, such as text, video, graphics, design, logos, images, and the compilation thereof.  The Company name, the Company logo, the Company slogans, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.  The Company reserves all rights in and to its common law and registered trademarks, service marks, copyrights, and other intellectual property rights, to all intellectual property included in the Company Content and the Website (“Company IP”).  

All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.

Your purchase of the Company Content does not result in a transfer of any Company IP to you. The term "purchase" includes your direct purchase of Company Content or the purchase or acquisition of Company Content by someone else, whether included as part of another product or otherwise. As a condition of your purchase and use of the Company Content, you agree to observe and abide by all copyright and other intellectual property protection. The Company grants you a single-use, non-exclusive, non-transferrable, revocable, royalty-free license to access and use the Company Content for your personal or internal business use. You agree that you will not modify (except as such modification may be necessary for completing or filling out templates or forms for your authorized use), publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Company Content, or offer any competing content or services based upon any information contained in the Company Content. 

The Company Content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of the Company IP. You agree not to delete or alter any proprietary rights or attribution notices in any of the Company IP. You will use the Company IP solely for your individual or internal business use and will make no other use of the Company IP without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any of the Company IP. The Company does not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You agree that any infringement of the Company’s Company IP shall result in an immediate termination of the license granted in these Terms. If you make any unauthorized use of the Company IP, your access to the Company Content will be terminated immediately and you shall not be entitled to a refund of any portion of the purchase price. 

EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by you, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms. The Company may, without waiving any other remedies under these Terms, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in Worcester County in the Commonwealth of Massachusetts for purposes of any such action by the Company.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall the Company or any of its representatives be liable to you or any third party for direct, indirect, incidental, consequential, special, exemplary, punitive or enhanced damages, lost profits or revenues, diminution in value or any other damages or loss arising out of, relating to or in connection with your purchase or use of any Company Content, regardless of i) whether such damages were foreseeable, ii) whether you were advised of the possibility of such damages, and iii) the legal or equitable theory upon which your claim is based. If you are dissatisfied with any Company Content you have purchased your remedy is to discontinue using it. To the fullest extent permitted by applicable law, the Company’s entire liability to you and your sole remedy, shall be limited to the purchase price actually paid by you to the Company. 

NO WARRANTIES

We make no warranties as to the Company Content. You agree that the Company Content is 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, fitness for a particular purpose, and non-infringement. We do not warrant that the Company Content will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website or Company Content is 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 Company Content in terms of their correctness, accuracy, timeliness, reliability or otherwise. 

NON-DISPARAGEMENT 

If you are found to be slandering, libeling or otherwise disparaging the Company, Company Content, or related materials, your access to the Company Content will be immediately revoked. The Company reserves the right to file a civil claim of action against you for any such damaging actions you take that materially harm the Company. 

INDEMNIFICATION

You shall indemnify and hold the Company 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, reasonable attorneys’ fees, arising out of your breach of any of these Terms, your use of the Company Content, the Website, or your failure to maintain the confidentiality and/or security of your password or access rights to the Website and the Company Content. You shall provide the Company with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing the Company 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. You recognize and agree that the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.

FORCE MAJEURE

The Company shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

CHANGES

The Company reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Company Content or the Website. Such modifications and additional terms and conditions shall be effective immediately and incorporated into these Terms. Your continued use of the Company Content will be deemed your acceptance of such changed terms. The changes will be listed in an area accessible to you on the Website or you may be notified by email. If you have any questions regarding modified terms, please contact us at [email protected].

EFFECT OF HEADINGS; SEVERABILITY

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of these Terms are held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.

ENTIRE AGREEMENT; WAIVER

These Terms, together with the Website Terms of Use, Privacy Policy and Disclaimer, constitute the entire agreement between you and the Company pertaining to the Company Content and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No failure by the Company to exercise any right, power or privilege shall constitute a waiver by the Company. Any waiver by the Company of its rights under these Terms will not constitute a waiver of that right at any future time or any other right at that time or any future time. No waiver shall be binding on the Company unless executed in writing by the Company.

ALTERNATIVE DISPUTE RESOLUTION

You agree to notify the Company of any concerns or issues regarding the Company Content, and to give the Company an opportunity to resolve those concerns or issues. If you and the Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then you explicitly agree to make a reasonable attempt to resolve any such dispute through alternative dispute resolution or mediation before filing a civil cause of action. You agree that your good faith participation in mediation or other alternative dispute resolution is a condition precedent to filing any civil cause of action. Any alternative dispute proceeding shall be heard in Worcester, Massachusetts, USA. 

GOVERNING LAW; JURISDICTION

These Terms shall be construed in accordance with, and governed by, the laws of the Commonwealth of Massachusetts, and the courts of Massachusetts shall have jurisdiction to hear and determine any dispute arising in relation to these Terms.  You agree that any proceeding against the Company or relating to the Company Content must be filed exclusively in the appropriate courts located in Worcester County, Massachusetts, USA and you submit to the jurisdiction of those courts and waive any objection based on an inconvenient forum or other reasons.

ALL​ ​RIGHTS​ ​RESERVED

​All rights not expressly granted in these Terms are reserved by the Company. 

CONTACT

​If you have any questions about any of the provisions of these Terms, please contact us at [email protected].