S Corp Toolbox™ Terms & Conditions
Program
Please read these Terms and Conditions (“Agreement”) carefully.
Balance CFO, LLC (“Company”) agrees to provide you with access to its 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.
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 Program, you will receive the following:
Access To Program Area – The Company shall maintain a Program Area that may include lessons, forms, worksheets, checklists, videos, modules, and other information as advertised at purchase. Access to the program is typically provided immediately, though it 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. The selection of bonuses will be made at the Company’s sole discretion. You shall be entitled to any bonuses offered to you at the time of registration.
Website Terms of Use, Privacy Policy, & Disclaimer
The Company’s Website Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. 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.
Fees
In consideration of your access to the Program, you agree to pay 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 fully responsible for completing all payments. You may not cancel or avoid these payments. In the event that any payment is not made, the Company shall immediately suspend your access to the Program, and you will remain fully responsible for the full cost of the Program.
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
While we do not offer refunds for your purchase of the Program, our goal is to provide exceptional products and service. If you are not satisfied with your purchase, please reach out to us at [email protected] so we can work to assist you where we can so you can get further value out of the Program.
Since we have a clear and explicit no refund policy which 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. By using and/or purchasing our Program, you understand and agree that all sales are final, and no refunds will be provided. 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.
Ownership Of All Intellectual Property
All content included as part of the Program, such as text, graphics, logos, images, videos, voice and sound recordings, information, materials, documents, templates, forms, 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 or licensors and is 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 use the Content for commercial purposes or in any way that earns you or any third-party money. You cannot engage in any unauthorized use of the Content or any third-party’s protected content offered through the Program, and in particular, you will not delete or alter any proprietary rights or attribution notices in any such content. You will use the Content solely for your individual use and will make no other use of the Content without the express written permission of the Company or the respective copyright owner. You agree that you do not acquire any ownership rights in the 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.
Your License to the Company - Use in Testimonials and Marketing
By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos, or other contributions, you are representing to the Company that you are the owner of all such materials, and you are at least 18 years old. You are also granting the Company, and anyone authorized by the Company, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and are granting the Company the right to make it part of the Company’s current or future Program and Content. This right includes granting the Company proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by the Company to you.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.
You also grant the Company, and anyone authorized by the Company, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos, or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that the Company has the right but not the obligation to use any contributions from you and that the Company may elect to cease the use of any such contributions in the Program or in the Content at any time for any reason.
This means you give the Company permission to use anything you submit or post in the Program or any third-party forum or website operated by the Company, or anything captured by the Company during your participation in the Program as testimonials, including images in which your face is visible and recognizable.
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 and that any information you post on the Company’s website or in any third-party forums operated by the Company may become public. As a condition of participating in the Program, you hereby agree to respect the Company’s confidential information.
The Content 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.
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 – Results Not Guaranteed
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 you 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 Program and all information available through 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.
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.
Disclaimer
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 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.
Limitation of Liability, Assumption of Risk, and Release
As used in this Agreement, the term “Releasees” is defined to include the Company, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, affiliates, representatives, successors, assigns, and Jamie Trull.
By purchasing the Program, you assume all risk and responsibility for any loss that you or any person or entity associated with you may suffer or incur and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your use of the Program and/or any information and resources contained in the Program, whether or not caused by the active or passive negligence of the Releasees.
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.
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 PROGRAM, 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 the Company. 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 the Program or Content 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 and Class Action Waiver
With the exception of injunctive relief, the parties agree that any and all claims arising out of or relating to the Program or this Agreement shall be exclusively decided through binding arbitration to occur in Franklin, Tennessee administered by JAMS. You further agree to and do hereby waive any right to class or collective action 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. The arbitrator shall issue a written award stating the reasoning for the decision. 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. Judgment on the award may be entered in any court of appropriate jurisdiction.
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 (i) your use of or inability to use the Program, Content, and related services, including, but not limited to, services offered to you by our recommended vendors, (ii) any comment, post, or material made by you on the Company’s website or any third-party forum or website operated by the Company, (iii) your violation of any terms of this Agreement, (iv) your violation of any rights of a third party, except to the extent a claim is based upon infringement of a third-party right by materials created by the Company, (v) your violation of any agreement of terms with a third-party, or (vi) 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 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 Program 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
The Company may modify this Agreement at any time. All modifications shall be posted on the Company’s website and you shall be notified of changes as required by law.
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 upon the date that you initially register for the Program.
Terms last updated: September 11, 2024
