Please read these Terms of Purchase (“Terms”) carefully before completing your purchase of any course, product, template or workshop (“Product”) from 26&thensome, LLC (the “Company”, “we”, “our”).
You are legally bound to these Terms whether or not you have read them. If you do not agree with any of our Terms, please email us at email@example.com and we will make reasonable efforts to remove your name, email and access to our Product(s) and website(s).
Last Updated: 1/29/23
You must be at least 18 years of age or older to purchase from the Company.
These Terms do not apply to any services provided by 26&thensome, LLC.
The Products may include access to an online, password protected platform that may include video, audio, or written lessons, templates, guides, checklists, slide decks, and/or other training materials or access to downloadable templates, guides, checklists, and/or other resources delivered via email or sharing links as further described on the sales and/or checkout pages for each Product.
From time to time, the Company will offer bonuses to individuals who purchase certain Products. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the Product and they vary depending on specific live and automated promotions throughout the year. If the offered bonus is a product that you already purchased, you will not be entitled to a refund of the purchase price for the product or any other compensation in place of the offered bonus.
Your Personal Responsibility & Assumption of the Risk
It is your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors such as Stripe or Paypal. By utilizing these payment processors to gain access to the Product(s), you indemnify us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.
By using the Product(s), you accept personal responsibility for the results of your actions. You assume all the risk of your access to the Product(s) and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to you. 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 Product(s). You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended in the Product(s).
1. Payment Policy
In consideration for your access to the Product(s), you agree to pay for the Product(s) in full (including all applicable sales and other taxes or fees) as indicated on the sales and checkout pages for such Product(s) and for providing the Company with a valid credit card, debit card, or other payment method.
To complete your purchase, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and (ii) the information you supply to the Company is true, correct and complete.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected including purchases made with pre-paid credit cards. The Company reserves the right to refuse or cancel your order at any time for any reason, including but not limited to product or service availability, errors in the description or price of the product or service, or errors in your order.
2. Payment Plan Option
Certain Products may be offered under a payment plan option. If you select the payment plan, your card will be charged the first payment at checkout in the amount indicated on the checkout page and subsequent payments will be charged on the same day of the month until all payments are made in full.
If all eligible payment methods the Company has on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your access to the Product will be revoked five (5) days after the missed payment. You will be removed from the course platform if applicable and you agree to immediately cease using and delete all materials related to the Product from all your electronic devices. You will also not receive access to future versions of or updates to the Product(s) until all payments are made in full.
If your account remains in delinquent status for longer than sixty (60) days or you initiate a chargeback, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to our sole discretion until the account is caught up and in good standing.
A payment plan is not a subscription payment model that can be canceled or a “pay in part” program where you can pay only for access to certain course materials and not others.
If you realize a Product you purchased is not right for you, please email firstname.lastname@example.org within 10 days of your purchase, and the Company will promptly issue an instruction to our payment processor to refund your payment. A credit will be applied to your credit card or other original method of payment. The Company does not control its payment processor and will not be able to expedite any refunds.
If you opted for a payment plan and do not request a refund within the refund window, you are required by law to complete the remaining payments of your payment plan.
If you experience any difficulties accessing, retrieving, or downloading your purchased Product(s), contact the Company immediately at email@example.com.
The Company will not, under any circumstances, issue any refunds, in whole or in part, after the refund deadline. If you initiate a chargeback, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency at our sole discretion.
Your license to use the purchased Product and related materials is revoked immediately upon your receipt of a refund. By requesting and accepting a refund, you agree to immediately cease using and delete all materials related to the purchased Product from all your electronic devices, including but not limited to video recordings, audio recordings, forms, templates, checklists, guides, slide decks, and other resources.
In the event of a chargeback attempt, you will be removed from the Product(s), and expressly agree to forfeit any and all of our bonuses, affiliate bonuses or other materials afforded to you in exchange for your original purchase of our Product(s). We reserve the right to present proof of your access and these Terms to the financial institution investigating the dispute.
Product Access & Availability
1. Term of Access
For all Products accessible via a course platform or sharing link, your access to the Product(s) begins upon completion of your purchase and will continue for the lifetime of the Product(s), but no less than 90 days. The Company reserves the right to discontinue any Product and terminate your access at any time for any reason. No refunds will be granted if the Product is discontinued. The Company makes no guarantees about the ongoing availability of any Product. In the event that the Company decides to discontinue the any given Product, you will receive 30 days’ notice and an opportunity to download certain resources.
The Company does not own the online course platform or community by which the Product is provided and delivered. Your access may sometimes be subject to interruption or delay outside of our control. Due to the nature of the Internet and electronic communications, we do not make any warranty that the Product or any associated resources or services will be error-free, without interruption or delay, or free from defects in design. We will not be liable to you should our course platform or community or the resources or services supplied through our course platform or community become unavailable, interrupted or delayed for any reason.
Limited License. Subject to and in accordance with these Terms and other guidelines or instructions we include in the Product(s), we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license (“License”) to make individual use of the Product(s), including any Product(s)s purchased by you. Your purchase of any Product(s) only entitles you to view that Product(s) in accordance with the foregoing License, and is not a purchase of the software or content constituting or included in the Product(s). More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Product(s). You may, however, from time to time, download and/or print one copy of the individual pages of the Product(s) for your individual use, provided that you keep intact all copyright and other proprietary notices.
The License is for individual use. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void.
We reserve the right to terminate your access to the Product(s) at any time if we find that you have violated these Terms. We will make every attempt to notify you of any violation of these Terms and give you an opportunity to remedy the violation. However, if you fail to remedy the violation or continue to Violate the Terms, we will terminate your access to the Product(s) with no refund of fees.
Unless otherwise stated, 26&thensome LLC , and/or it’s licensors own the intellectual property rights for all material on 26&thensome LLC. All intellectual property rights are reserved. You may view and/or print pages from http://www.26andthensome.com for your own personal use subject to restrictions set in these terms and conditions.
You further agree to respect the Company’s confidential information. The content of the Product(s) contains our proprietary methods, forms, templates, and other information. You agree not to share the information provided to you in the Product(s) with anyone other than the Company and other purchasers of the Product.
Your Materials and Contributions
By submitting a comment, photo, video or other material(s) onto any website or platform owned or maintained by us, including but not limited to the online software platforms that we use to distribute our Product(s) and related materials, you agree that we have a non-revocable, commercial license to republish your submission in whole or in part unless you explicitly state that we may not do so with said submission. You have no right to privacy by accessing our Product(s) or related materials, and we reserve the right to disclose your participation in the same.
You must own the copyright to any image(s) you use in our Product(s) or related materials. You grant us a commercial license to any image(s) you submit to us by default, such as a Facebook profile photo or other profile image you voluntarily provide in accessing the Product(s), or that you provide voluntarily upon our request. Such a default or voluntary release of your image and likeness may be used for any reasonable future business use.
Notification of Use.
We are not obligated to notify you or anyone of our use in our own publications of photographs or other images that you submit to us by default or voluntarily.
All images, text, designs, graphics, page layout, icons, videos, logos, taglines, trademarks and service marks are owned by and the property of 26&thensome LLC, or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on provided in the Product(s) is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including seeking financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
Access the Product(s) for your individual use (if additional members of your team need to access the Product(s), you must purchase additional Product(s)s at one per each team member);
Download and/or print any Product(s) materials for your individual use in your business (if additional members of your team need to download and/or print any materials from the Product(s), you must purchase additional Product(s)s at one per each team member);
Use our trademarks and copyrighted materials with our prior written consent and proper credit and marking, namely, citing ©26&thensome LLC , as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.
You may not:
Re-sell or trade your access to the Product(s);
Share the Product(s) with anyone else who has not yet purchased it or opted to receive it;
Reprint any portion of the Product(s), except as set forth above and for your own individual use;
Republish any of the Product(s), in part or in whole;
Distribute any of the materials contained in the Product(s) or related materials and/or communications as your own;
Reproduce and alter any part or whole of the Product(s) for distribution as your own work;
Claim ownership or use over any of our intellectual property without our prior written consent, which includes (but is not limited to): copyrights such as Product(s) materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, tag-lines or other unique source identifiers; or trade dress including the look and feel of the Product(s) (and its related communications and materials);
Use our Product(s) or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by You, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms. The Company may, without waiving any other remedies under these Terms, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the mediation referenced below. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in Cherokee County, Georgia for purposes of any such action by the Company.
Limitation of Liability
Except as expressly provided in these Terms, the Company makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Product(s). In no event shall the Company be liable to You for any direct, indirect, consequential or special damages, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. The Company’s entire liability for any breach of these Terms, and Your sole remedy, shall be limited to the purchase price actually paid by You to the Company.
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Product(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial or other professionals, or if we are, during the terms of this Product(s) and related material(s), we are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the term of this Product(s). This Product(s) is for educational and entertainment purposes only. None of the Product(s) or its related material(s) should be construed as medical, legal, financial advice.
While we may reference certain results, outcomes or situations on this website or its related communications, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements. You agree that you understand that individual outcomes will vary. We cannot guarantee your success merely upon access, purchase or completion of of our Product(s). Any results you see on are not guaranteed or typical.
Third Party Disclaimer.
You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any participant or user of our Product(s), including you.
WE MAKE NO WARRANTIES AS TO THE PRODUCT(S). YOU AGREE THAT THE PRODUCT(S) ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PRODUCT(S) WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE PRODUCT OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCT(S) IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
We make reasonable efforts to provide you with modern, reliable technology, software and platforms from which to access our Product(s) and related material(s). However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third party provider, such as ThriveCart Learn, where We host our Product(s)s.
Errors and Omissions.
This website is updated on a regular basis, and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up-to-date. If you should see any errors or omissions and would like to let us know, please notify us at firstname.lastname@example.org
If you are found to be slandering, libeling or otherwise disparaging the Company, Product(s), or related materials, your access to the Product(s) will be immediately revoked. The Company reserves the right to file a civil claim of action against you for any such damaging actions you take that materially harm the Company.
You shall indemnify and hold the Company harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of your breach of any of these Terms, your use of the Product(s) or your failure to maintain the confidentiality and/or security of your password or access rights to the Product(s). You shall provide the Company with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing the Company with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent. You recognize and agree that the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms 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, pandemic or epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), 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.
The Company reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Product(s). Such modifications and additional terms and conditions shall be effective immediately and incorporated into these Terms. Your continued use of the Product(s) will be deemed your acceptance of such changed terms. The changes may be listed in an area accessible to you or you may be notified by either e-mail or postal mail. If you have any questions regarding modified terms, please contact us at email@example.com.
Effect of Headings; Severability
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of these Terms are held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.
Entire Agreement; Waiver
Alternative Dispute Resolution
You agree to notify the Company of any concerns or issues regarding the Product(s), and to give the Company an opportunity to resolve those concerns or issues. If you and the Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then you explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action. You agree that your good faith participation in Mediation or other Alternative Dispute Resolution is a condition precedent to filing any civil cause of action.
Governing Law; Jurisdiction
These Terms shall be construed in accordance with, and governed by, the laws of the State of Georgia, and shall have jurisdiction to hear and determine any dispute arising in relation to these Terms. You agree that any proceeding relating to the Product(s) must be filed exclusively in the appropriate courts located in Cherokee County, Georgia and you submit to the jurisdiction of those courts and waive any objection based on an inconvenient forum or other reasons.
All Rights Reserved
All rights not expressly granted in these Terms are reserved by the Company.
If you have any questions about any term of these Terms, please contact us at firstname.lastname@example.org