Terms & Conditions
TERMS and CONDITIONS OF USE
EFFECTIVE DATE: May 8, 2024
These terms and conditions of use (the "Terms") apply exclusively to your access to, use of, and transacting via the website, Cashflow for Creatives, offered by Cashflow for Creatives LLC ("Company" or “we” or “us” or “our”), located at https://www.cashflow-method.com/ (the "Site"), a digital-course website focused on financial literacy tools for small business owners. These Terms do not alter in any way the terms or conditions of any other agreement You may have with the Company, its subsidiaries, or affiliates, for products, services or otherwise.
If you (“You”) are using the Site on behalf of any entity, You represent and warrant that You are authorized to accept these Terms on such an entity's behalf, and that such entity agrees to indemnify the Company for any and all violations of these Terms.
Please read these Terms carefully. By visiting, accessing, using, or transacting on the Site, You agree to be bound by the terms stated herein, and your continued use of the Site after any updates made to it are equally binding. By visiting the Site, it is inferred that you agree to these terms.
GENERAL TERMS and CONDITIONS
SUBSCRIPTIONS, RENEWAL, AND RETURN POLICY
The Company offers digital courses and memberships.
The memberships are called The Consistent Cash Flow Clarity Membership which offers three tiers of membership. If You would like to cancel your membership in The Consistent Cash Flow Clarity membership program, You may do so at any time. To cancel, please contact us at email@example.com.
The Digital Courses are called The Small Business Finance 101 Starter Course (known as a Mini-Course) and The Consistent Cash Flow Method for Small Business Owners (known as a Mastermind Course).
The Company offers two payment options for Digital Courses. If You would like to cancel your membership to a Digital Course product You may do so at any time, however due to the nature of the product, please note that Digital Courses are non-refundable. To cancel, please contact us at firstname.lastname@example.org, and note the following:
INTELLECTUAL PROPERTY RIGHTS
COPYRIGHT NOTICE AND POLICY
We respect the intellectual property rights of others. If You believe that any material available on or through the Site infringes upon any copyright You own or control, please immediately notify us using the contact information provided below (a “Notification”).
All Notifications must include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(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 owner of an exclusive right that is allegedly infringed upon.
All notices should be sent to email@example.com.
Company will maintain certain data that You transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, You are solely responsible for all data that You transmit or that relates to any activity You have undertaken using the Site.
You agree that we shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against us arising from any such loss or corruption of such data.
In the event that You have a dispute with one or more users, You hereby release Company and its officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected, and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You may not access or use the Site for any purpose other than that for which we make the Site available.
As a user of the Site, You agree not to:
We reserve the right to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable the Site or any portion thereof; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
MODIFICATIONS and INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to You or any third party for any modification, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to You. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL COMPANY OR ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
THE COMPANY’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES PAID BY YOU TO COMPANY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) USD $100.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold the Company harmless, including its subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) any fees paid to us by You; (2) use of the Site; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third-party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
Any notices shall be sent to the Company at firstname.lastname@example.org. Notice shall be deemed given twenty-four (24) hours after an email is sent unless the sending party is notified that the email address is invalid. Alternatively, the Company may give You notice at the email provided by You or by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such cases, notice shall be deemed given three (3) days after the date of mailing, or if sent by email twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications we provide to You electronically, via email and on the Site, satisfy any and all legal requirements that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
DISPUTES AND GOVERNING LAW
In the event that a dispute arises between You and Company, please contact us at email@example.com.
These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes”) brought by either You or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 14 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will render a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New York, New York.
Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in New York, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between You and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses You may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, You are prohibited from registering and/or creating a new account under your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Parental control protections that may assist You in limiting access to material that is harmful to minors (such as computer hardware, software, or filtering services) are commercially available. If You are interested in learning more about these protections, information is available at http://www.safetysurf.com/ or other analogous sites providing information on such protections. The preceding link is provided for information purposes only and is not intended as an endorsement of Safety Surf's internet site, services, or policies. Company is not affiliated with Safety Surf.
QUESTIONS, COMMENTS, CONCERNS
If You have any questions regarding any aspect of this document, please contact the Company at firstname.lastname@example.org.
Effective Date: May 8, 2023
The Company knows that You care about and are concerned with how your personal information is used and shared. Your privacy is important to us, and we ask that You read this Policy carefully to be informed about our practices. By visiting the Site, You acknowledge that You accept and agree to the practices and policies outlined in this Policy and hereby consent to the collection, use, and sharing of your information as described herein.
This Policy covers our collection and use of your personally identifiable information ("PII") when You access our Site, which PII is either provided to us by You or collected automatically because You have visited or transacted on the Site. This Policy does not apply to the practices of third parties that we neither own nor control.
II. What PII Do We Collect?
The PII we collect enables You to subscribe to the Site and gives us the opportunity to personalize and improve the data provided to You. PII does not include information that has been aggregated or made anonymous so that by itself it no longer identifies and can no longer reasonably be used to contact a specific person or household.
We collect the following types of information from our Users:
A. PII You Provide Us:
It is your responsibility to keep your account information current, and You may update your profile as often as necessary in order to do so. If at any time You decide to terminate your account, we have the right to store a copy of the data provided if it is required to complete a financial transaction which has not yet been completed or to comply with applicable law. Once your account is terminated, your data will be anonymized such that it can no longer be associated with your name or used to identify You or a household specifically.
When You purchase a membership to or digital course from the Site, You will be asked to provide a credit card number which will be stored by a third-party payment processor. At no time does the Company store your credit card information. This credit card, is, however, considered “on file” against which the auto-renewal of subsequent subscription fees will be charged.
B. Information Collected Automatically:
1. Whenever You view, access, or interact with our Site, we automatically collect information such as your IP address and web browser. How You move through the Site, what pages You visit, and what items You click on is data which is automatically collected and stored. We share this information with Google Analytics, our website analytics provider, to learn about site traffic and activity. For more information regarding Google Analytics and its use of PII, please visit this link.
2. When we collect such usage information, this data is used in anonymized and aggregated form, and not in a manner that can identify You or a household. We may also provide this anonymized and aggregated information to our third-party service providers in the normal course of business of providing our services to You. We do not disclose anonymized or aggregated information to a third-party service provider in a manner that can identify You or your household.
3. The Site is hosted by Leadpages. For further information regarding their privacy practices regarding PII, please refer to this link.
III. Do We Share or Sell Any of the PII We Receive?
Except as set forth in this Policy, we will use commercially reasonable efforts to notify You when your PII may be shared with third parties, and You shall be given an opportunity to opt-out of any such transfer. However, it is important to note that in the event that You do wish to opt-out, functionality on the Site or, indeed, the Site itself, may not be available to You to use.
A. Third-Party Service Providers: We engage with third-party service providers to undertake work on our behalf and in doing so may be required to share PII with them in furtherance of their work with us and in order to provide products and services to You. Unless we inform You otherwise, these third-party service providers do not have any right to use the PII we share with them beyond what is necessary to provide their services to us.
B. Communication about the Site: As part of the Site and our services, You may receive communications from us. We may send You email, contact You, or engage You in other communication that we determine relates to your use of the Site. If You would like to opt-out of these communications, You may unsubscribe from any emails by sending us your request to email@example.com or by using the unsubscribe link at the bottom of the email.
C. Business Transfers: We retain the exclusive right to engage in a merger, acquisition, or sale of any or all of our assets at any time. Should such a sale take place: (1) we will notify You of such a sale to the most recent email address You have provided to us, and (2) You are hereby advised that your PII may be included in that sale of assets, though we do not consider such a transfer to be a “sale” of your PII as that word is generally understood.
D. Protection of Company and Others: We may release PII when we believe in good faith that release is necessary to comply with the law; enforce our Terms and Conditions https://www.cashflow-method.com/policies/ or other agreements; and to protect the rights, property, or safety of Company, our employees, our users, and others as situations may arise. This includes but not is not limited to sharing information with third parties to mitigate fraudulent activities on the Site.
IV. Legal Basis for Processing PII
Our legal basis for collecting and using PII as described depends on the personal information in question and the specific context in which it is collected. We will normally collect PII only where we have your consent to do so, and where the PII is necessary for us to perform a service.
We may use all of the PII that we obtain from or about You in order to fulfill our contractual obligations, for legitimate business purposes, or as required:
The Company recognizes the rights of our users to withdraw consent given to Company for the collection of their PII at any time.
The Company will respond to requests made by users exercising their rights within a reasonable period of time after the individual’s request or within any specific period that may be required by applicable laws. The Company will handle and investigate complaints made by individuals and will respond to such complaints in a timely manner.
Session cookies normally expire when You close your browser, while persistent cookies remain on your device until they expire or are deleted by You. “Web beacons” are pieces of code or pixels embedded in a web page or email to track engagement with and responses to emails, web pages or ads, or to access or communicate with cookies. “Tracking URLs” are special URLs that can be used to track engagement with and responses to emails or web pages.
Opting-Out: Third-party providers may offer You a way to opt-out of receiving cookies from them by visiting their own websites or the websites of industry groups such as the Network Advertising Initiative and the Digital Advertising Alliance. For example, You may opt-out of receiving ad-related cookies from Google through its Ad Settings. If You opt-out of receiving cookies from one of these providers, it may place a cookie on your device to remember your preference. For more information about AdChoice, please visit their website. Accordingly, if You delete cookies, install a new browser, or start using a new device, You may need to repeat the opt-out process. To opt out of receiving any marketing materials, please email us at firstname.lastname@example.org.
VI. Is PII About You Secure?
VII. What Choices Do You Have?
You can opt not to disclose information to us, but keep in mind that PII may be required to use and take advantage of our Services, and the supplying of PII is required to contact us via the Site.
If You do not wish to receive email from us, please send an unsubscribe email email@example.com. Please note that if You do not want to receive legal notices from us, such as this Policy, those legal notices will still govern your use of the Site, and You are responsible for reviewing such legal notices for any changes.
We will retain your data for (i) as long as your account is active; (ii) as long as is necessary to comply with any tax, legal, and/or other regulatory requirements; and (iii) to protect and defend against potential legal claims. By deleting your data from our Site, You understand that You will no longer be able to communicate with us via the Site. We will retain your anonymized, aggregated, depersonalized data after it has been deleted from our Site. If You would like to request the deletion of your PII or request that it be returned to You, contact us at firstname.lastname@example.org..
We may amend this Policy from time to time. Use of information we collect now is subject to the Policy in effect at the time such information is used. You are bound by any changes to this Policy when You use the Site after such changes have been first posted.
IX. Questions and Concerns
If You have any questions or concerns regarding this Policy, please send an email to us at email@example.com.