Effective Date: June 2022

Overview

This website (the “Site”) is operated and owned by Audaces LLC (“The Site” “Company” “we” or “us”).

You agree that by accessing the Site, you, whether personally or on behalf of an entity ("you") have read, understood, and agreed to be bound by all of these Terms of Service, which is hereby deemed synonymous with "Terms of Use," i.e. your usage of this Site.

You also agree to use the Site, as well as any other form of media related to the Site, in accordance with these Terms of Service, our Privacy Policy, our Payment / Refund Policy, and any additional terms and conditions that may apply to specific sections of the Site and/or to products and services available through the Site or Company. Accessing the Site, in any manner (automated or otherwise), constitutes use of the Site and it is your agreement to be bound by these Terms of Service.

We reserve the right to modify (add to, remove from, or clarify) these Terms of Service from time to time.  Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.  It is your responsibility to periodically review these Terms of Service to stay informed of updates.  We will post the date of posting of these Terms Of Service on this page.  By continuing to use the Site after we post any such changes you accept the modified Terms of Service.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

Rights – Intellectual Property

Audaces LLC Limited License to You

Unless otherwise indicated the Site is the proprietary property of Audaces LLC as are all the materials available on the Site.  This includes but is not limited to the website designs, audio, video, text, photographs, and graphics (collectively, the "Content") and the trademarks, service marks, and logos (the "Marks").  These are protected by copyright, trademark, and other intellectual property laws of the United States, international copyright laws, and international conventions. The Site is solely for your personal and noncommercial use.

You may not use the Site or materials available on the Site in a way which constitutes an infringement of our rights or in any way that has not been authorized by the Company. Unless explicitly authorized in these Terms of Service or by the owner of the materials, materials may not be copied, reproduced, aggregated, republished, uploaded, posted, sold, publicly displayed, licensed, used to create derivative works, or otherwise exploited for any commercial purposes whatsoever.

Provided that you are eligible to use the site, you are granted a limited license to download and/or print one copy of individual pages of the Site for your personal, non-commercial use, from time to time, provided that you retain any and all proprietary notices and copyrights.  We reserve all rights not expressly granted to you herein related to the Site, the Content, and the Marks.

Your Contribution License to Audaces LLC

This Site may allow you to participate in blogs, message boards, online forums, or may invite you to chat or contribute to the Site.  These may include text, writings, video, audio, photographs, graphics, or personal information (the "Contributions.")  When you make such contributions, you are asserting that your Contributions do not infringe on any proprietary rights of any third party, that you are the creator and owner of such Contributions or have written consent to release them, that such Contributions to dot harass anyone or violate any applicable laws, and do not violate these terms of use in any way.

By posting Contributions to the Site you grant and warrant that you have the right to grant to Audaces LLC an unrestricted, irrevocable, perpetual, transferable, royalty-free, non-exclusive, fully-paid right, applicable everywhere in the world, to use, copy, host, reproduce, publish, sell, resell, broadcast, store, retitle, publicly display, transmit, in whole or in part, such Contributions for any purpose, including without limitation your image and voice.

Audaces LLC does not assert any ownership over your Contributions.  Intellectual property rights or other proprietary rights associated with your contributions remain under your full ownership.  You are the solely responsible party for your Contributions to the Site, and you expressly agree to exonerate us from any and all responsibility or liability and to take zero legal action against us regarding your Contributions.

Linking and Framing Limitations

• You may establish a link to the Site as long as the link does not state, imply, or communicate in any way sponsorship of your site by us or by the Site.
• You may not without Audaces LLC prior written permission inline link any of the content or any portion of the Site.
• You may not without Audaces LLC prior written permission frame any portion of the site.
• You may not without Audaces LLC prior written permission incorporate into another website or other service any of our material Content nor our intellectual property.

Disclaimers

On the Site we may provide links or references to websites which are maintained by third parties ("Third-Party Websites"). The linking to such sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites.

In addition neither we nor any affiliates should they exist operate or control in any respect any of amount of information, products or services that third parties may provide on or via the Site or on websites linked to by us on the Site.

If applicable, any text, graphics, pictures, designs, music, sound, video, information, offers, services, opinions, advice, statements, other content or information expressed or made available by third parties are belonging to those of the respective authors or distributors, and not Audace­­s LLC.  Neither Audaces LLC nor any third-party provider of information guarantees the usefulness, completeness, accuracy, reliability, or privacy related practices of any content.  Audaces LLC neither endorses nor is responsible for the accuracy and reliability of any content, information, opinion, or statement made on any of the Sites by anyone other than an authorized Audaces LLC representative while acting in his/her official capacity.

The products, services, and information offered on the site, and any third-party sites, are provided “as is” and and "as available" basis, without warranties of any kind, expressed or implied.

We disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the site, any of its functions, or content, or products sold through it:

• will be complete
• will be free from inaccuracies or mistakes
• will be uninterrupted
• will have defects corrected
• will lead to any specific result, financial or otherwise.

We do not warrant that any part of this site or its functions or the servers that make it available are free of viruses or other harmful components.

We do not warrant, nor do we make any representations regarding the use or the results of the use of the site or materials on this site or available for purchase on this site, or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.  If you leave the Site and utilize Third-Party Sites you do so at your own risk and acknowledge that these Terms of Service no longer apply.

You agree at all times to defend, indemnify, and to hold harmless Audaces LLC and its affiliates, employees, their successors, transferees, licensees and assignees, and their respective parent and subsidiary companies, associates, agents, officers, shareholders, directors and employees against any and all losses, liabilities, damages, claims, including reasonable attorneys' fees, made by any third party partly due to or arising out of  (1) your contributions (2) use of the Site (3) breach of these Terms of Service (4) any break of your representations and warranties set forth in these Terms of Service (5) your violation of the rights of a third party (6) any harmful act toward any other user of the site whom you connected with via the Third-Party Site.

Third Party Product and Service Purchases

Portions of the Site may allow you to purchase products and/or services online that are provided by third parties. We are not responsible for the accuracy, quality, reliability, completeness, timeliness, nor any other aspect of these products and services.

If you make a purchase from a seller/merchant on the Site or on a Third-Party Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us.

The merchant or Third-Party Site may have privacy and/or data collection practices which vary from ours. We have zero responsibility nor any liability for these independent policies. When you purchase products or services on or through the Site, you may be subject to additional terms and conditions which apply specifically to your use or repurchase of such products or services.

For more information regarding a merchant or Third-Party Site, its ecommerce site, its privacy policies, and/or any additional terms/conditions that may apply - visit that merchant’s or Third-Party Site's website and click on its information links. You release us, and any of our affiliates, from any damages that you incur. You agree not to assert any claims against us or them which may have arisen from your purchase, or your use, of any products or services made available by third parties through the Site.

Your participation, business dealings or correspondence with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Audaces LLC shall not neither responsible nor liable for any loss, any damage, or other matters of any sort which may have been incurred as the result of such dealings.

• You agree to use the Site and to purchase services or products through the Site for legitimate and non-commercial purposes only.
• You agree to be financially responsible for any and all purchases made by you, or someone acting on your behalf through the Site.
• You also agree not to make any purchases for fraudulent, false, or speculative purposes
• You agree not to make any purchases for the purpose of anticipating demand for that particular product or service.
• You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so.
• When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

User Registration

In order to access certain features of the Site we may ask you to provide demographic information including your gender, year of birth, zip code and country.  If you elect to join a particular feature of the Site (such as webinars) you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable basis for suspecting that such information is untrue, inaccurate, out of date, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

Passwords Statement

To use certain features of the Site, including webinars and access to products you may need a username and password. You would receive these through the Site’s registration process. Only you are responsible for maintaining the confidentiality of the password and account.  Only you are responsible for all activities (whether by you or by others) that occur under your password or account.

You agree to notify us immediately of:

• any unauthorized use of your password or account
• any other breach of security
• to ensure that you exit from your account at the end of each session.

Under no circumstances will or can we be liable for any loss or damage arising from your failure to protect your password or account information.

Limitations of Liability

In no event, including but not limited to negligence, shall we, our directors, our subsidiary or parent companies or affiliates be liable for any indirect, direct, consequential, incidental, exemplary, special or punitive damages including lost profit, lost revenue, loss of data, or other damages that result from either (1) the use of or (2) the inability to use the Site, including books, emails, educational courses, guides, products, services or any third-party materials, products, or services made available through the site in any way, even if we are advised beforehand of the possibility of such damages. Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.

You specifically acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any user.

If you are dissatisfied with the site, any materials, products, master guides, quick start guides, educational courses, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site and the products, services, guides, and/or materials.

This site is under continuous development and the Company makes no warranty of any kind, implied or express, as to its accuracy, completeness, or appropriateness for any purpose.

With regards to financial content on the site: (1) Neither company nor its owners, officers, directors, employees, subsidiaries, affiliates, licensors, service providers, content providers and agents are financial advisers and nothing contained on the site is intended to be or to be construed as financial advice. (2) Company is not an investment advisory service, is not an investment adviser, and does not provide personalized financial advice or act as a financial advisor. The site exists for educational purposes only, and the materials and information contained herein are for general informational purposes only.

The education and information presented herein is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. You are encouraged to discuss any opportunities with your attorney, accountant, financial professional or other advisor.

The information contained in the Sites associated courses, products, or programs - including content in any format - is based on sources and information reasonably believed to be accurate as of the time it was recorded or created. However, this material deals with topics that are constantly changing and are subject to ongoing changes related to technology and the market place as well as legal and related compliance issues. Therefore, the completeness and current accuracy of the materials cannot be guaranteed.

These materials do not constitute legal advice, compliance advice, financial advice, tax advice, accounting advice, or other related professional advice.

The end user of this information should use the contents of this program and the materials as a general guideline and not as the ultimate source of current information and when appropriate the user should consult their own legal, accounting or other advisors.

No case studies, examples, or course lessons can guarantee that the user will achieve similar results.  Your results may vary significantly and factors such as your discipline, skill, determination, and ability to iterate through strategy variations based on what you learn over time (and many other circumstances) will cause results to vary.

The Content provided through this Site is provide and/or sold on an “as-is” basis.  The Company does not promise or guarantee any financial result nor particular result of any kind from your use of the information contained herein.  All results are your responsibility as the end user of the Content or product or service. Some states do not allow limited warranties, so this may not apply to you.  In particular the Company shall not be liable to user or any other party for any damages, or costs, of any character including but not limited to direct or indirect, consequential, special, incidental, or other costs or damages, in excess of the purchase price of the product or services. These limitations may be affected by the laws of particular states e.g. the state in which you live.

The Company exists for educational purposes only, and the materials and information contained herein are for general informational purposes only and is not personalized advice. None of the information provided in the website is intended as investment, tax, accounting or legal advice, as an offer or solicitation of an offer to buy or sell, or as an endorsement, recommendation or sponsorship of any company, security, or fund. The information on the website should not be relied upon for purposes of transacting currencies, commodities, securities or other investments.

You hereby understand and agree that company does not offer or provide tax, legal or investment advice and that you are responsible for consulting tax, legal, or financial professionals before acting on any information provided herein. Company’s programs are not intended as a promotion of any particular products or investments and neither company nor any of its officers, directors, employees or representatives, in any way recommends or endorses any company, product, investment or opportunity which may be discussed herein.

The education and information presented herein is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any specific individual or specific individual's circumstances. You should always do your own independent research. You are encouraged to discuss any opportunities with your attorney, accountant, financial professional or other advisor.

Your use of the information contained herein is at your own risk. The content is provided ‘as-is’ and without warranties of any kind, either expressed or implied. Company disclaims all warranties, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Company does not promise or guarantee any income or particular result from your use of the information contained herein. The company assumes no liability or responsibility for errors or omissions in the information contained herein.

Company will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including, but not limited to, loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if company has been advised of the possibility of such damages. In no event will the collective liability of company to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to company for the information, product or service out of which liability arose. Under no circumstances will company be liable for any loss or damage caused by your reliance on the information contained herein. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content contained herein. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Term and Termination

These Terms of Service shall remain in full force and effect while you use the Site.  Without limiting any other provision of these Terms of Service, we reserve the right to cancel or terminate your right to use the Site or any part of the Site at any time without notice or liability.  We may block access to the site, including blocking certain IP addresses, to any person for any reason.  In either event - cancellation or termination - you are no longer authorized to access the part of the Site affected by such cancellation or termination. You are prohibited from registering with the site under a fake or borrowed name, or the name of a third party, even if you are acting on behalf of the third party.  The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service shall survive.

Payment / Refund Policy

Order Acceptance / Cancellation

You agree that your order is an offer to buy all products and services listed in your order including educational courses. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order information and details of the items you have ordered.

Prices and Payment Terms

All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and may be set out in your order confirmation email. Subject to our right to increase the cost of subscription-based services (as noted in the Section entitled “Sale of Subscription Services” below), price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges (if applicable) will be added to your purchase total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.  Unless stated in the promotion all sales are final. Terms of payment are within our sole discretion, and payment must be received by us in the manner specified on the Website before our acceptance of an order.

If using a credit card, you represent and warrant that:

• the credit card information you supply to us is true, correct and complete
• you are duly authorized to use such credit card for the purchase
• charges incurred by you will be honored by your credit card company
• you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if applicable, regardless of the amount quoted on the Website at the time of your order.

Sale of Goods

The site may from time to time offer the sale of tangible products (“goods”) to you. We will arrange for shipment of goods to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are a reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the goods to the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. Unless a return policy for goods is posted on the Website at the time of your purchase, the sale of all goods on the Website is final and non-returnable. However, to the extent a return policy is posted on the site at the time of your purchase, we will accept a return of any goods pursuant to such return policy. To return goods, you must email us at support@audacesllc.com before shipping your goods.

No returns of any type will be accepted without first emailing us as specified above. You are responsible for all shipping and handling charges on returned goods. You bear the risk of loss during shipment. Your refund will be credited back to the same payment method used to make the original purchase on the Website. If you can show that a good shipped by us was in defective condition before being given over to the carrier for shipment to you, we will accept a return of the defective good and provide a replacement to you if available (or refund your purchase price if no replacement is available).

Sale of Subscription/Membership Services.

The site may from time to time offer optional subscription services (or subscription membership programs) for specified users (“Subscription Services”). By selecting a Subscription Service, you agree to pay us the subscription or usage fees indicated for that service on the Website. Payments for subscription services will be charged on the day your Subscription Service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that monthly payments (or other periodic payments as specified on the site at the time of purchase) will continue to be charged to your credit card on a recurring basis until you cancel your Subscription Service.

The amount of the recurring charge will be the then-current subscription fee applicable to the Subscription Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases. Subscription Services must be cancelled in writing (by email to support@audacesllc.com) at least thirty (30) days prior to your next recurring payment in order to avoid billing of the next Subscription Service recurring payment. Subscription Service fees are not prorated or refundable, unless expressly stated otherwise on the site.

If your payment method fails or your account is past due, we reserve the right to either suspend or terminate your Subscription Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Subscription Services. You agree to submit any disputes regarding any charge to your account in writing (at the email address above) to us within sixty (60) days after such charge, otherwise such dispute is waived by you and such charge will be final and not subject to challenge.  

Copyright Infringements

Reporting Copyright Infringement

We respect the intellectual property rights of others.  We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, please notify us immediately of those materials (or access to them) from the site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be advised that pursuant to applicable law if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.  Therefore if you are not certain that material located on accessible from the Site infringes your copyright, you should consider first contacting an attorney.

Copyright Agent

Our designated Copyright Agent to receive DMCA Notices and Counter Notices is Alex Stoermer, who may be contacted by mail at 9450 Mira Mesa Blvd C 102, San Diego, CA or by email at support@audacesllc.com.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Assignment

This Agreement shall be binding upon and inure to the benefit of Audaces LLC and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of Audaces LLC.  Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Audaces LLC to any affiliated entity or any of its wholly owned subsidiaries.

Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California and any dispute shall be subject to binding arbitration in San Diego County, CA or Riverside County, CA.  If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Class Action Waiver

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

Severability

If any clause within the Terms of Service (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from the Terms of Service, and the remainder of these Terms of Service will be given full force and effect without affecting the validity and enforceability of the remaining clauses. If the Class Action Waiver clause is found to be illegal or unenforceable, the dispute will be decided by a court.

Electronic Communications

You agree that you hereby waive any and all defenses you may have based on the electronic form of these Terms of Service, including but not limited to the absence of signatures between the parties hereto to execute these Terms of Service.  You hereby waive any rights or such requirements under any rules, statutes, regulations, or ordinances, or other laws in any jurisdiction which require and "original" signature or delivery or non-electronic records.  You hereby agree to the use of electronic communications including emails, online forms, and that any of those or other electronic communications satisfy the requirements that agreements be in writing.