Terms & Conditions

S Corp Toolbox™ and Reasonable Compensation Report

Program

Please read these Terms and Conditions (“Agreement”) carefully. 

Balance CFO, LLC (“Company”) agrees to provide you with access to the Online Resources, “S Corp Toolbox” (“the Program”). As a condition of purchasing the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

If you do not agree with these terms, you may not use the Program.

 

Terms of Use, Privacy Policy, & Disclaimer

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement (see JamieTrull.com and BalanceCFO.mykajabi.com to read each document). Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

Nature of The Relationship

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide you with access to the Program, which provides education and resources only. The information contained in the Program, including any interactions with the Company and Jamie Trull, is not intended as, and shall not be understood or construed as, professional advice. You are responsible for your own financial and legal decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. Jamie Trull and the Company disclaim any liability for your reliance on any opinions or advice contained in the Program.

No Tax Advice

You acknowledge that the Company is not, and will not be deemed to be, providing tax advice or tax counsel. You should consult with your own CPA or financial advisor and should not rely on the Company or Jamie Trull for tax advice. 

The Company does not make any guarantees related to the RC Reports Reasonable Compensation Study and Report. 

Fees

In consideration of your access to the Program, you agree to pay the following fees.

Payment Options

The S Corp Toolbox sells for a one-time fee as stated on the checkout cart. At times there may be discounts or bonuses offered that will be listed specifically upon checkout. You are entitled to the price and bonuses in effect at the time of your purchase.

At times, a payment plan may also be offered. If you select the payment plan option at checkout, you must pay the initial payment today and then your selected payment method will be automatically charged the following payments on a monthly basis. If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program.

If you fail to make any payment in a timely manner, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you have chosen. The Company reserves the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

Credit Card Authorization

You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above. You also agree that the Company is authorized to share any payment information with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services). If you elect a payment plan option, you may not cancel or avoid any payments. Automatic rebilling will cease once the terms of the payment plan have been fulfilled.

Refund Policy

We have a satisfaction guarantee for the S Corp Toolbox.  If you have any questions or concerns, and we will do our best to make it right. 

In the event that you are not satisfied with your purchase, please email [email protected] and provide us with your feedback. We are committed to customer satisfaction and will work to assist you where we can to get further value out of the Program.

If you are unsatisfied with your purchase and we aren’t able to give you the assistance you need to get value from the Program, we will issue a refund if requested within 14 days.  

Due to the proprietary nature of the Reasonable Compensation Report and Study (“Report”), once the Report has been started (i.e. the survey has been initiated by the purchaser), we do not provide a refund.   

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund, that shall immediately terminate any and all licenses granted you under this Agreement. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: forms, template documents, the Report, social media groups limited to paying members, and other resources.

All refunds are discretionary as determined by the Company.

Since we have a clear and explicit Refund Policy that you have agreed to prior to completing the purchase of the Program, we do not accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

The Program

This Program is intended and only suitable for individuals aged 18 and above. Some of the content in this Program may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of 18.

 

As part of the S Corp Toolbox, you will receive the following.

Access To Program Area – The Company shall maintain a Program Area that may include lessons, forms, worksheets, checklists, and other information as advertised at purchase.  Access to the program is typically provided immediately, though could take up to 24 hours in some instances. If you have not received access within 24 hours, email us at [email protected] to ensure there are no issues with the email address we have on file or deliverability of our emails to your inbox. 

You shall have access to this Program Area for as long as the Program Area exists. In the event that Company intends to close the Program Area, it shall provide clients with thirty (30) days’ notice and the ability to download the resources contained in the Program Area.

Bonuses – From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of registration. 

If you have purchased a Reasonable Compensation Study and Report, the Company shall provide the following to the client.

A link to the Owner’s Compensation Survey - This shall be provided within 2 business days of purchase, unless otherwise noted. 

You must fill out the survey within 10 business days of purchase.  If for any reason this will not be possible or if you would like an extension, please reach out to [email protected] and let us know. Extensions are granted at the discretion of the Company, however we can generally accommodate requests for extensions when made in a timely manner.

Report Draft - After filling out the survey, you’ll receive a draft of the report. You may choose to make some edits to some of the inputs at this time, or wait for our email follow-up.

Review and email follow-up- Once the survey has been completed, we will review it within 10 business days and provide any further feedback or suggestions.

Finalized Report - You will then have approximately 10 business days to respond with any questions/comments or to let us know you are ok to finalize the report.  Once we receive your confirmation, we will send you a finalized report with the Draft watermark removed. If we don’t hear back from you, the report will be automatically locked 30 days after you took the survey and a final report will be sent. If changes are requested after the finalization of the report, additional charges may apply, as it will require us to re-start the process within the system. 

Ownership Of All Intellectual Property

All content included as part of the Program, such as text, graphics, logos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the compilation thereof, and any software used in the Program (“the Content”), is the property of the Company or its suppliers and protected by copyright, trademark and other laws that protect intellectual property and proprietary rights.

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

Your participation in the Program does not result in a transfer of any intellectual property to you, and, as a condition of participation in the Program, you agree to observe and abide by all copyright and other intellectual property protection.

If you view, purchase, or access the Program or any of the Content, you are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Content for personal, non-commercial use only, limited to you only. You hereby agree that you will not modify, reproduce, publish, duplicate, copy, sell, 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 Program.

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

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

All rights not expressly granted in these terms or any express written license, are reserved by the Company.

 

Confidentiality

The Company respects the privacy of its clients and will not disclose any information you provide except as set forth in this Agreement. You acknowledge that our communications are not covered by any privilege. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information or where disclosure is required by law. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to you in the Program with anyone other than the Company, it’s owners and employees, and other Program participants.

Username and Password 

To access the Program, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s Privacy Policy.

 

Personal Responsibility

By participating in the Program, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Program or not. The Company provides educational and informational resources that are intended to help participants in the Program succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Program are no guarantee that you or any other person or entity will be able to obtain similar results. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results and earnings differ for each individual. 

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 Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Program.

Use Of Templates And Forms

The Company provides various templates and/or forms for download within the program. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.

By ordering or downloading Company templates and/or forms, you agree that the Company templates and/or forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

Third-Party Products and Services 

Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them. 

 

No Warranties

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program, or offered by Company affiliates, including, but not limited to our recommended Preferred Vendors. 

The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time. The Company cannot guarantee that your access to the Program will be not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PROGRAM, WITH THE DELAY OR INABILITY TO USE THE PROGRAM OR RELATED SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE PROGRAM, OR OTHERWISE ARISING OUT OF THE USE OF THE PROGRAM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. 

Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.

Security

Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, the Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company, you accept that you do so at your own risk.

Users Outside United States

The Company controls and operates the Program from offices in the United States. The Company does not represent that materials on the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to its conflict of laws principles. 

Arbitration

​You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program.

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Franklin, Tennessee. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

Indemnification

You agree to indemnify, defend, release and hold harmless the Company, its officers, directors, employees, agents, and third parties from and against any and all claims, damages, obligations, losses, costs, liabilities, debts and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, including, but not limited to, services offered to you by our recommended vendors, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

Termination And Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if you become disruptive to the Company or other Program participants, if you fail to follow the Program guidelines, or if you otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

Your access to the Program and Content, along with any permissions and licenses granted herein, will be revoked upon termination. Any restrictions imposed upon you in this Agreement will apply now and in the future, even after termination. 

Entire Agreement​

This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between you and the Company with respect to the Program, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company with respect to the Program. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability

If any term or provision of this Agreement is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Waiver

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Force Majeure

The Company shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement 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), epidemic, pandemic, death, illness or incapacity of the Company. 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 or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to you of its inability to perform or of delay in completing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations,  or may terminate this Agreement.

Effective Date

This Agreement shall commence and be enforceable with respect to each Program participant upon the date that the participant initially registers for the Program.

 

Terms last updated: March 09, 2023