TERMS AND CONDITIONS
Last Update: September 20, 2020
Please read these Terms and Conditions (“Terms and Conditions”, “Terms”) carefully before using bpbpodcast.com, rorycarruthers.com.com, dominicalumazar.teachable.com, sweetdmarketing.com, rory.thrivecart.com (the “Website”) or any associated sites operated by BPBPodcast, LLC, Rory Carruthers Marketing, LLC or Sweet D Marketing, LLC (“my”, “we”, “us”, “Company”, “Rory Carruthers”, “Dominica Lumazar”).
These Terms and Conditions (the “Terms”) govern your use of the Website. These Terms have a force of a legally binding agreement, even if you are simply browsing without intention to contact us, purchase anything or register an account.
Sometimes we modify these Terms. We don’t notify users about every change to the Terms but you can see the date of the last update at the top of this page. If you still wish to visit the Website after said date, that constitutes your agreement to the updates.
Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website.
Access to the Website and Restrictions on Your Use
By visiting this Website, you represent and agree that:
a) You are 18 years of age or older. You have a full capacity to enter into a legally binding agreement, such as these Terms.
b) If purchasing anything, you are responsible for ensuring your payment method is valid. You will pay as agreed using only payment methods which you are authorized to use. You will not use a false identity.
c) You will not resell or make commercial use of the Website or its materials. You can only use them for private non-commercial purposes.
d) You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.
e) If you make a submission, it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments or other content. We reserve the right to edit, reject or erase anything submitted to us without prior notice. You will not send spam, anything defamatory, vulgar, racist, abusive or hateful.
f) You will ask for our permission before copying anything from our Website for republication.
g) You will not use our Website for anything illegal.
h) We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
i) Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Website.
j) You will not impede the proper functioning of the Website.
Purchasing Items Featured on our Website
Company takes reasonable precautions to try to ensure that any prices quoted on the Website are correct and to describe the items available on the Website as accurately as possible. However, when ordering Products or Services featured on the Website, please note that the Company does not warrant that product and service descriptions are accurate, complete, reliable, current, or error-free. If a Product or Service described on the Website is not as described when you receive or use it, you should contact our customer service department at email@example.com.
You will take all available steps to protect BPB Podcast LLC’s intellectual property and you will not engage in any fraud or infringement of our intellectual property in any form. This includes unauthorized reproduction, distribution or re-selling of Company’s products, intellectual property, services, frameworks or technologies. You will promptly notify Company at firstname.lastname@example.org (or such other contact information specified by BPB Podcast LLC from time to time) of any suspected counterfeiting, piracy or other infringement of BPB Podcast LLC intellectual property and you will cooperate with BPB Podcast LLC in the investigation.
Pricing Errors and Omissions
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that the Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged.
Cancellation and Refund Policy
Effective: 20th September, 2020
Only users in good standing who are in compliance with these Terms are eligible for refunds according to the procedures below. We have no obligations to offer refunds to any customer found to be in breach of these Terms, regardless of whether their request is made within the designated refund period.
Requesting a refund/cancelation
All refund and cancelation requests must be made in writing via email to email@example.com along with any required supporting documentation as outlined below.
Refund requests must be made within 7 days of the original date of purchase of your product.
We do not offer refunds on products offered through subscription payments. To avoid being charged for a subscription payment, you must cancel prior to the end of any trial period and/or before your next subscription payment is due.
If you cancel your subscription, cancellation will be effective immediately; you will lose access to your subscription immediately; no pro-rata refunds are issued for unused portions of subscription periods.
Live Events (online or in-person)
We do not offer refunds on live event ticket purchases. If you are unable to attend a live event, please contact us prior to the event to request free access to the recordings from the event.
We are happy to offer a 7-day, no questions asked, FULL refund policy for all coaching products. As soon as you become a member, you are given full access to all content, in certain circumstances resources such direct access and communication with Dominica and Rory, a shared accountability sheet, weekly Zoom calls, access to the daily challenges from Rory and Dominica, and much more.
For these reasons, if a refund is requested beyond the seventh day after purchase, we are happy to put a stop to any future payments – but cannot offer a refund on any past payments.
If payments are stopped, your coaching access shall be discontinued at the end of your current billing cycle.
For purchases paid in full, we offer a “prorated” refund as outlined below:
0-7 days after purchase: full refund.
8-30 days after purchase: customer shall receive full initial investment amount, less (-25%).
31-60 days after purchase: customer shall receive full initial investment amount, less (-50%).
61+ days after purchase: customer shall forfeit any refund amount.
Information Products / Training Courses
All information product sales are subject to a 7 day “no questions asked” full refund policy. If a refund request is made beyond the 7th day after purchase, future payments shall be stopped – but no refund will be issued on any past payments. For “paid-in-full” purchases, customer shall forfeit any refund amount beyond 7 days after purchase.
If you purchase an information product through an installment payment plan, you agree to pay all installments as and when they fall due. Failure to pay an installment will result in your product access being revoked. Your product access is reinstated when all amounts owing have been paid in full. In the case that you fail to pay all installments, refunds on prior/existing payments will not be issued.
Once all installment payments have been made, the normal refund policy (above) will apply. Note that the date of purchase is the date you entered into the installment agreement.
* For international customers or those with conflicting schedules who are unable to attend the live calls, you must watch the replay of every live call located in your program vault.
After 7 days from the date of purchase, your request for a refund is no longer valid.
** Downloading of any content forfeits your right to request for a refund.
To request a refund, contact Customer Service via firstname.lastname@example.org. Customers ineligible for a refund may be granted a partial refund at our sole discretion.
We are not liable for any refund amount due to technical problems on your computer, including but not limited to: printer malfunction, inability to install Adobe Acrobat Reader, and/or problems due to Internet connectivity.
Modification or Suspension of the Website
You agree that Company, in its sole discretion, may make, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that we will not be liable for the consequences of doing so.
Disclaimer of Warranty
EVERYTHING WE PROVIDE ON THIS WEBSITE IS ON AN “AS IS” BASIS, TO BE RELIED ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING ON THIS WEBSITE. WE DO NOT GUARANTEE PROFITS OR ANY OTHER RESULTS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE.
Limitations of Liability and Damages
YOU AGREE THAT COMPANY’S LEGAL LIABILITY, INCLUDING THE LIABILITY OF ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, FOR ANY CLAIM MADE BY YOU ARISING OUT OF YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS OR SERVICES OFFERED THEREON SHALL BE LIMITED TO THE AMOUNT YOU PAID TO COMPANY, EXCEPT AS PROVIDED IN THE ARBITRATION AGREEMENT BELOW. UNDER NO CIRCUMSTANCES WILL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BE AWARDED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO CLAIM, SUIT OR ACTION CAN BE BROUGHT AGAINST US AFTER MORE THAN SIX MONTHS FROM THE DATE THE UNDERLYING CAUSE OF ACTION HAD OCCURRED. IN NO EVENT WILL OUR MAXIMUM AGGREGATE LIABILITY TO YOU EXCEED THE FEES WE RECEIVED FROM YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION MAY NOT APPLY TO YOU.
Compliance With Laws
You agree to comply with all applicable federal, state and local laws, regulations, rules and ordinances regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.
You agree to defend, indemnify and hold Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of your use of the Website or our Products and Services, your violation of the Terms, or your breach of any of your acknowledgements, agreements, representations, warranties and obligations herein.
YOU ACKNOWLEDGE THAT COMPANY HAS SET ITS PRICES AND HAS PROVIDED ACCESS TO THE WEBSITE IN RELIANCE ON THESE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS, AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS UPON WHICH COMPANY PROVIDES ITS WEBSITE AND OFFERS ITS PRODUCTS AND SERVICES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.
Links to Third Party Sites
The Website may link to other websites that are independent of Company. These links are provided only as a convenience. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such site. You visit any such website at your own risk. You agree that Company is not responsible for any loss or damage of any sort you may incur from dealing with such third party website(s).
Ownership of Content
Company owns and operates this Website. Company or third parties own all right, title and interest in and to the materials provided on this Website , including but not limited to the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements), information, documents, logos, graphics, sounds, page headers, button icons, service marks, trademarks, trade dress, and images (collectively, the “Materials”). Except as otherwise expressly provided by us, you may not copy, republish, reproduce, upload, download, display, post, distribute, or transmit the Materials in any way. Nothing on this Website confers any license, express or implied, of Company’s intellectual property rights. Any rights not expressly granted to you by these Terms are reserved by us.
All Website design, text, graphics, and the selection and arrangement thereof, are owned by Company. Copyright © 2020, Rory Carruthers Marketing, LLC. ALL RIGHTS RESERVED.
If you submit any content to us, you state that you have all necessary rights to that content, and we can use and implement any feedback that you voluntarily provide, without compensation to you. You remain responsible for the content you submit.
Enforcement of these Terms
If any user violates these Terms or any law, we can, without limitation: (i) ban that user from the Website; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or moderate the user’s content; (iv) take any other action available under law.
These Terms and the relationship between us shall be governed by the laws of Puerto Rico without regard to any conflicts of laws principles.
Dispute Resolution by Binding Arbitration
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most or your concerns can be resolved quickly to your satisfaction by contacting our Customer Service Center via email@example.com. In the unlikely event that Customer Service cannot resolve your complaint to your satisfaction, or if we have not been able to resolve a dispute with you after trying to do so informally, we each agree to resolve those disputes through binding arbitration rather than in court. Arbitration is less formal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows less discovery than courts, and is subject to very limited court review. The American Arbitration Association (AAA) will serve as the arbitration provider. We agree that any arbitration under these Terms will take place on an individual basis. Representative, group, collective or class actions or arbitrations are not permitted. As explained below, if you prevail in arbitration, Company may pay you more than the amount of the arbitrator’s award and will pay your actual, reasonable attorney’s fees if you are awarded an amount greater than what Company offered you to settle the dispute before arbitration.
You may speak with your own lawyer before using this Website or purchasing any product or service, but your use of this Website and the purchase of any product or service constitutes your agreement to these Terms.
a. Company and you agree to arbitrate all disputes and claims between us before a single arbitrator. The kinds of disputes and claims we agree to arbitrate are intended to be broadly interpreted, including but not limited to:
1) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, advertising, or any other legal theory;
2) claims that arose before these or any prior Terms became effective;
3) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
4) claims that may arise after the termination of these Terms.
For the purposes of this Arbitration Agreement, references to “Company,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Website and our products and services under these Terms or any prior agreements between us.
This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Company are each WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A REPRESENTATIVE, GROUP, COLLECTIVE OR CLASS ACTION OR ARBITRATION.
You acknowledge that use of this Website and/or purchase of products or services constitutes a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement survives termination of these Terms.
b. A party seeking arbitration under these Terms must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Company should be addressed to: [addressee and address, Attn: Notice of Dispute (the “Notice Address”). Company may send a written Notice to the electronic mail address that you provided when you created an account, if any. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we is entitled.
You may download or copy a form to initiate arbitration from the American Arbitration Association (“AAA”) website at:
c. After Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your total claim is for more than $75,000. If your total claim exceeds $75,000, the payment of all arbitration fees will be governed by the AAA rules. The filing fee for consumer-initiated arbitrations is currently $200, but this is subject to change by AAA, the arbitration provider. If you are unable to pay this fee and your total claim is for $75,000 or less, Company will pay the filing fee directly after receiving a written request at the Notice Address. Except as otherwise provided herein, Company will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with these Terms. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse the AIC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
d. All arbitration proceedings will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA (collectively, the “AAA Rules”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of paragraph (f) are for the court to decide.
e. Unless Company and you agree otherwise, any arbitration hearings will take place in the county or parish of the contact address you submitted to us. If your total claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephone hearing, or by an in-person hearing governed by the AAA Rules. If you choose to proceed either by telephone or in person, we may choose to respond only by written or telephonic response. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a telephone or in-person hearing. The parties agree that in any arbitration under these Terms, neither party will rely on any award or finding of fact or conclusion of law made in any other arbitration to which Company was a party. In all cases, the arbitrator shall issue a reasoned, written decision sufficient to explain the findings of fact and conclusions of law on which the award is based.
f. If the arbitrator finds in your favor in any respect on the merits of your claim, and the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected, then Company will pay you either the amount of the award or $2,000 (“the Alternative Payment), whichever is greater, plus the actual amount of reasonable attorney’s fees and expenses that you incurred in investigating, preparing, and pursuing your claim in arbitration (the “Attorney’s Payment”). If we did not make you a written offer to settle the dispute before an arbitrator was selected, you will be entitled to receive the Alternative Payment and the Attorney’s Payment, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the Alternative Payment and the Attorney’s Payment at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Company’s last written settlement offer, the arbitrator shall consider only the actual attorney’s fees or expenses reasonably incurred before Company’s settlement offer.
g. The right to attorney’s fees and expenses discussed in paragraph (f) supplements any right to attorney’s fees and expenses you may have under applicable law. If you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Although under some laws Company may have a right to an award of attorney’s fees and expenses from you if it prevails in an arbitration, we will not seek such an award.
h. The arbitrator may award monetary and injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED REPRESENTATIVE, GROUP OR CLASS ACTION OR ARBITRATION, OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, group or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. All other claims remain subject to this Arbitration Agreement.
i. If the total amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
j. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any material change to this arbitration provision (other than a change to any notice address, website link or telephone number), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.
Digital Millennium Copyright Act
If you are a copyright owner or an agent and believe that any Material or content on this Website infringes your copyright, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. 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 the service provider to locate the material
d. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
e. A statement that you have 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; and
f. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Communications to receive notifications of claimed infringement is: firstname.lastname@example.org.
In order to contact Company regarding a complaint about the Website or its materials, please email email@example.com
a) Severability. If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable.
b) Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
c) Relationship of the Parties. You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement.
d) Hyperlinks. Linking to our Website is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none.
e) Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
f) Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
g) Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.