Reasonable Compensation Study and Report
Terms & Conditions
Please read these Terms and Conditions (“Agreement”) carefully.
Balance CFO, LLC (“Company”) agrees to provide you with access to its Online Resource, the “Reasonable Compensation Study and Report” (“the Product”). As a condition of purchasing the Product, 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 Product.
This Product is intended and only suitable for individuals aged 18 and above. Some of the content in this Product may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of 18.
When you purchase the Product, you will receive the following:
A link to the Owner’s Compensation Survey - This shall be provided within 5 business days of purchase unless otherwise noted. If you will not complete the survey within 30 days of your purchase, please email [email protected] and let us know. This link will expire six months from your purchase date unless an extension is requested and granted.
Report Draft - After filling out the survey, you’ll receive a draft of the reasonable compensation 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 reasonable compensation report. Once we receive your confirmation, we will send you a finalized reasonable compensation report with the draft watermark removed. If we don’t hear back from you, the report will be automatically locked 30 days after you take 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 restart the process within the system.
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 use of the Product. 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 Product, which provides education and resources only. The information contained in the Product, 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 Product.
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 not rely on the Company or Jamie Trull for tax advice and business owners should consult with their own CPA or financial advisor for questions about their own unique situation.
The Company does not make any guarantees related to the Product.
Fees and Credit Card Authorization
In consideration of your access to the Product, you agree to pay a one-time fee as stated on the checkout cart. At times there may be discounts offered that will be listed specifically upon checkout. You are entitled to the price in effect at the time of your purchase.
You hereby authorize the Company to charge your credit card or debit card automatically for the Product fee. 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).
You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by default in payment.
Refund Policy
Refund requests must be submitted to the Company within 14 days of your purchase. However, due to the proprietary nature of the Product, once the Owner’s Compensation Survey has been started (i.e. the survey has been initiated by the purchaser), we will not provide a refund, even if the request is made within that 14-day period. Please email [email protected] to request 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 lose access to the Product, including without limitation all video tutorials, link to complete the Owner’s Compensation Survey, 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 Product, 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.
Ownership Of Intellectual Property
The words, videos, voice and sound recordings, reports, training materials, design, layout, graphics, photos, images, information, materials, documents, data, and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute the Product, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”), is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
This includes the Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans, which may be trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.
Your License to the Content
If you purchase the Reasonable Compensation Study and Report for business owners, 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. While you may modify draft versions of the Reasonable Compensation report, you hereby agree that you will not otherwise 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.
The Content is not for resale. Unless you purchase the Reasonable Compensation Study and Report for financial professionals you cannot use any of 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 Product, 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 Product will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees paid for the Product.
All rights not expressly granted in these terms or any express written license are reserved by the Company.
License Available for Financial Professionals
Financial professionals who wish to purchase one or more Reasonable Compensation Study and Reports for their clients should email [email protected].
If you purchase the Reasonable Compensation Study and Report for financial professionals, you are also granted a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Owner’s Compensation Survey and the customized report with your own clients only. You may not use the Owner’s Compensation Survey and the customized report for any other purpose, without the prior written consent of the Company.
You may not transfer, sublicense, or assign this limited license. This license does not grant you any ownership rights – the Owner’s Compensation Survey and the customized report is still the property of the Company and its licensors. This license simply gives you the ability to purchase the Product and use these tools with your clients, rather than requiring them to purchase the Product from us themselves.
This license is freely revocable, and the Company may revoke it, and your ability to use the Product, in its sole discretion. Any unauthorized use of the Owner’s Compensation Survey and the customized report shall also constitute infringement.
Your License to the Company - Use in Testimonials and Marketing
By posting or submitting any material on a Company website or on any third-party forum or website operated by the Company, including any 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 products, programs 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 your engagement with the Company 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 engagement with the Company, 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 at any time for any reason.
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 purchasing the Product, 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 may share the final Reasonable Compensation Report; however, unless otherwise stated in this Agreement you cannot share any other information provided to you as part of the Product with anyone other than the Company, and it’s owners and employees. If the Company has reasonable grounds to suspect that you have shared information or material with any other person, the Company has the right to suspend your use of the Product and Content and may terminate this Agreement, without refund.
Personal Responsibility – Results Not Guaranteed
By purchasing the Product, 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 within the Product or not. The Company provides educational and informational resources only. 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 Product 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 Product, 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 Product and all information available through the Product. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Product.
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 THROUGH THE PRODUCT AND AS PART OF THE 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 PRODUCT OR ANY OF ITS CONTENTS 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 as part of the Product may include inaccuracies or typographical errors. The Company and/or its suppliers, including RCReports, may make improvements and/or changes to the Product at any time. The Company cannot guarantee that your access to the Product 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, services, and related graphics included as part of the Product for any purpose.
Limitation of Liability, Assumption of Risk, and Release
As used in these TOU, 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, RCReports and Jamie Trull.
By purchasing the Product, 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 Product and/or any information and resources contained in the Product, 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 Product.
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 PRODUCT, WITH THE DELAY OR INABILITY TO USE THE PRODUCT OR RELATED SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCT, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE PRODUCT, OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT, 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 Product or any portion of it, your sole and exclusive remedy is to discontinue using the Product.
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 the United States
The Company controls and operates the Product from offices in the United States. The Company does not represent that the Product or Content are appropriate or available for use in other locations. People who choose to access the Product 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 Product, 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 Product, 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 Product and the related services or any portion thereof at any time, if you become disruptive to the Company or other Product purchasers, if you fail to follow the Company guidelines, or if you otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the Product fees in the event of such termination.
Your access to the Product 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 purchasers 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 Product, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company with respect to the Product. 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 provide or of delay in providing the Product and shall propose revisions to the schedule for providing the Product or other accommodations or may terminate this Agreement.
Effective Date
This Agreement shall commence and be enforceable with respect to each Product purchaser upon the date that the purchaser initially purchases the Product.
Terms last updated: September 10, 2024
