Terms of Use

Terms of Use: (Revised on May 2016)

This page talks about the contract you enter with Scott Hurtado, when you use ScottHurtado.com, its products, professional services, and or consulting.

Hi, my name is Scott Hurtado, welcome to my site. I hope you have a blast learning from my range of tutorials, video courses, eBooks, and more! This is the Agreement that my team and I make with you when you use our Services, Products, Memberships, and Consulting, and it applies whether you are just browsing the content on the site, or accessing purchased content via your Membership.

Thanks for taking the time to read and understand these terms because they govern your use of our site and set out your rights and obligations as well.

If you can’t, or don’t want to, accept these terms, then I’m sorry but you must not use ScottHurtado.com or any of my Products, Services, Memberships, Consulting, pages, content, and videos, among others.

You need to be 13 years or over to browse the ScottHurtado.com website. We don’t knowingly collect any information from anyone aged 13 or under. You need to be 18 years or over to sign up for any Service or Membership. If you’re under 18, you will need to be under the supervision of a parent or legal guardian who is at least 18 years of age, and this adult will be responsible for all your activities on the site.

This is an agreement (“Agreement”). Please read this Agreement carefully. By purchasing and/or using any products and services (the “Service”) described and offered on and throughout http://scotthurtado.com (my “Website”), you are agreeing to the terms of this Agreement. You are also agreeing to the terms of our Privacy Policy.

In this Agreement, when we say “you,” “your,” “Customer,” and “Client,” we mean you, the owner of the ScottHurtado.com Account and the person utilizing the Service, Products, or Consulting that we offer. When we say “we,” “our,” “us,” “Provider,” and “ScottHurtado.com,” we mean us as a business and entity.

There may be other agreements that govern our relationship besides this one. This Agreement is maintained independently of any other agreement(s) between us and you, even if we are engaged in other service agreements or arrangements such as professional services or consulting. The following policies, agreements, and supplements are incorporated into this Agreement by reference: Forum Rules, and the Affiliate Terms & Conditions. We may also offer or provide services from time to time through third parties that are governed by the terms and conditions of their respective service providers. Those terms and conditions are either referenced in this Agreement, below, or will be made available to you at the time of your purchase of the particular service. By using that service, you agree to be further bound by any rules that are applicable to us with respect to those service providers.

This Agreement may only be modified or supplemented by Scott Hurtado, and we reserve our right to amend or supplement this Agreement at any time, at our discretion. When we change it or supplement it, we will do our best to provide you notice and point out what is different or new. We may also post rules and guidelines applicable to specific products or services to the various areas of our Website that describe them. You are responsible for reviewing this Agreement and our Website for any rules or guidelines applicable to specific areas of our Website and any amendments or supplements to this Agreement, change in our rates, or change to the Service (“Changes”). If at any time, you do not agree to the terms of this Agreement or any of the policies on our Website, please discontinue use of the Service immediately and close your account(s). We’ll miss you, but we’ll understand. Your continued use of the Service after posting of any Changes constitutes your acceptance and agreement with the Changes and all Changes shall supersede any previous agreement between you and Scott Hurtado. Notice of any Changes shall be considered given and effective on the date that we updated our Website with said Changes. You must periodically review this Agreement to ensure you know of any changes.

DEFINITIONS

For the purposes of this Agreement, the following definitions apply and any undefined terms have the meaning ascribed to them in the context in which they are used in this Agreement:

  1. “Service” collectively refers to all of the products, services, memberships, and consulting Scott Hurtado offers and provides.
  2. “Content” refers to any materials, including, but not limited to code, text, links, images, photographs, messages, graphics, music, sounds, video, files, data, software, applications, and any other materials within our site, products, services, memberships, and consulting.
  3. “Account” refers to your account with us that contains the Service you subscribe to.
  4. “Account Owner” refers to the person identified in Our records as the owner of the Account.
  5. “Work Order” refers to the order for Premium Service ordered by the customer through our Website or telephone ordering system and is defined by the specified hours, with a minimum displayed for each you select.
  6. “Peripherals” refers to any service, product, or consulting you may use in conjunction with or alongside the Service.
  7. “Support Request” is a written communication sent to support from you to receive support.
  8. “Refund Request” is a written communication sent to support from you asking for a refund.
  9. “Add-ons” refer to premium services that we provide.

(A) REGISTRATION & ACCOUNT OWNERSHIP

(1) Registration Information.

When you sign up for an Account you will be required to provide the data required in our registration forms (“Registration Data”). The Registration Data may include, but is not limited to, your full legal name, telephone number, email addresses, and mailing address. When you provide the Registration Data, you represent that:

  1. i. The information you are providing is true, accurate, current, and complete;
  2. ii. You will maintain and promptly update the Registration Data to keep it true, accurate, current, and complete;
  3. iii. You and all Account Contacts are over the age of 18 and are of legal age in your country required for entering into contractual obligations, such as this Agreement. You need to be 18 years or over to sign up for Membership. If you’re under 18 you will need to be under the supervision of a parent or legal guardian who is at least 18 years of age, and this adult will be responsible for all your activities.
  4. iv. If you are Registering on behalf of a corporation or company, you warrant that you are fully authorized to enter into and bind the corporation or company to all of the terms of this Agreement; and
  5. v. Your use of the Service will not violate any applicable laws. You may update the Registration Data in your account settings. Unless pursuant to any section herein, in no event will we update, edit, or otherwise modify the Registration Data you input when signing up. If we discover, are made aware of, or have reasonable suspicion to believe that any of the Registration Data is untrue, inaccurate, not current, or incomplete, in our sole discretion, we may suspend or close the your Account, with immediate effect and without prior notice, and refuse all current or future use of the Service to you.

When you Register, we recommend that you provide us with the best email address at which we can reach you. If you don’t provide us with the best email address, you may not receive important Communications we may send you regarding your Account, such as those related to account closure, suspension, and the like. We rely on you to monitor your email, and you agree that we may communicate important information to you using the email address you’ve provided to us.

(B) SUPPORT

(1) Channels of Support

We offer a variety of channels through which you can reach us for support to help you utilize the help and support services we offer. Currently, we have customer service agents available to assist you 24 hours a day, 7 days a week, 365 days a year. We may be reached through the following channels (“Channels of Support”): telephone, online chat, and Support Request. Response times may vary. Not all Channels of Support are available at all times. All inquiries are handled in the order in which they were received. We do not guarantee the availability or accessibility of all Channels of Support. We reserve the right, in our sole discretion, to change, replace, or entirely cease offering support through any one or all of the Channels of Support, at any time, for any reason or no reason, and without prior notice.

We take account security very seriously. This is why we cannot provide account-specific information or assistance to any persons other than the verified Account Owner. Account-specific information is considered any nonpublic information about the Account, which may include, but is not limited to, Account Owner name or contact information, billing or payment information, length of service, or types of Service being used. We are unable to offer account-specific information or assistance via Chat. Any person other than the Account Owner who contacts us seeking account-specific information or assistance will be informed that they are not listed in our records and that we cannot provide the account-specific information or assistance being sought, regardless of any purported relationship such person may claim to have with the Account Owner. Notwithstanding the foregoing, even if a person represents him/herself to be the Account Owner or an Account Contact, before we will provide any account-specific information or assistance to such person, he/she will be required to validate that he/she is the person he/she is representing him/herself to be, by providing a valid purchase code. If such person is unable to Authenticate, for whatever reason, we will be unable to provide any account-specific information or assistance. We can’t make exceptions to this policy, so please don’t ask. However, we are entitled to rely on the authentication information provided by individuals who contact us and successfully Authenticate into the Account.

(2) Abuse of Support

We pride ourselves on being able to provide customer support through a variety of channels, but we love our employees too, and we have to be able to provide support to all of our customers. So, we maintain a zero-tolerance policy with regards to abuse of our support system. Abuse of our support system may include, but is not limited to, engaging in any threatening, abusive, offensive, defaming, harmful, profane, harassing, or unreasonably excessive communication (whether written or oral) with via the Channels of Support or elsewhere in the universe (you read that right, the universe). Any abuse of our support system shall constitute a breach of this Agreement and the Account will be subject to closure with immediate effect and without prior notice. In this case, no refund will be given and you will be forever banned from using ScottHurtado.com. If you try to come back as a new user under a different username causing trouble yet again, your IP address will be banned for life.

(C) BILLING

(1) General Billing

(a) Our pricing for Memberships, Products, and Services is really straightforward. For example, when you opt in for a lifetime membership, you will only pay once for lifetime access to that membership. Generally, we will bill you the price for the Membership, Service, or Product when you sign up and there’s no surprises or hidden fees that you have to pay later on. What you’re told you will pay upfront will be the same every month; in the case of a lifetime Membership, you only pay that amount once until the end of time. It’s straightforward and there’s not much more to be said about our pricing structure and billing.

(b) All monies are payable to us in U.S. dollars (“USD”) only. In our sole discretion, we may entirely reject or convert into USD any payment we receive that is not in USD. In any event, where we choose not to reject the payment and instead to convert the payment into USD, such payment will be converted into USD using the exchange rate in effect at the time of the conversion used by our payment processor which is Stripe.com.

(c) We accept the following methods of payment (each, a “Payment Method”): Visa, MasterCard, American Express, Discover Card, PayPal, wire transfer, check, and money order. The Payment Method you first specify will be set as the Payment Method for the Account until and unless you change it. You may change the Payment Method inside your Account in the Account Settings. We will not honor any limiting, modifying, or conditional notation you make on or with your Payment Method.

(d) You are solely responsible for ensuring that the Payment Method on file for the Account is up-to-date at all times. If the Payment Method for the Account is credit or debit card, and/or our payment processor may store the credit or debit card in a database for future renewals. If the Payment Method for the Account is credit or debit card, we may automatically attempt to collect payment from such Payment Method without prior or further notice whenever a balance comes due on the Account. Stripe handles all of this in the back end and it is automated so make sure your payment method is up to date otherwise you could lose your account.

(e) The Account is considered past due if we does not receive payment within 7 business days of the Billing Date of any Service, Membership, Product, or Consulting. The Account may be suspended, without prior notice, if the Account remains past due beyond 7 business days from the Billing Date. To reinstate the Account, full payment of any past due balance must be received by Us. If full payment of any past due balance is not received within 7 business days of any Billing Date, the Account may be closed for nonpayment without further notice and you will lose your current pricing to access the account and site.

(f) In the event a billing dispute arises, either brought by you or by us, the dispute must be given in writing to the other party within 30 days of the disputed transaction occurring.

(g) Should we receive a request to remove a Payment Method from the Account, from a person or party who is not the Account Owner, upon receiving sufficient documentation confirming that the person making the request is the cardholder, we may, with immediate effect and without prior notice, remove the Payment Method and refund some or all unauthorized charges collected from the Payment Method on behalf of the Account. Refunds issued in connection with such a request will result in the Account immediately becoming past due (as any refunded amounts will trigger reassessment of the original charges). To avoid an interruption or loss of the Service, you must remit payment of the past due balance and any related fees within 72 hours of our notice to you concerning the matter. If you don’t, the Account will be suspended or closed for nonpayment.

(h) AUTO-RENEWAL

(1) UNLESS OTHERWISE NOTED, WE WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE OR MEMBERSHIP FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD. FOR EXAMPLE, FOR MEMBERSHIPS, IF YOUR LAST PAYMENT PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM MEMBERSHIP TO MEMBERSHIP. THE ONLY WAY TO DISABLE THIS AUTO-RENEWAL IS TO CANCEL THE SERVICE BY SUBMITTING A SUPPORT REQUEST.

(2) Refunds

(a) We’re absolutely sure that our products and services will guide you to success, therefor we offer an unconditional, NO-question-asked 30-day money back guarantee. If, for whatever reason, our products or services do not satisfy you in any way, simply submit a Refund Request within 30 days from your purchase date and we will refund you right away! So, if for any reason you’re not happy, you can get your money back within the first 30 days of purchase for Memberships, Products, and recurring/Subscription Services. Simply submit a refund request and we will get you back your money. The 30-day money back guarantee does not apply to Consulting; the Consulting refund terms are listed in sections (c)(2)(g), (c)(2)(h), and (c)(2)(i). It’s hard to think of when you might need a refund in this instance, given that once you’ve seen purchased content, you can’t actually ‘un-see’ it. Besides, I will already give you information about the purchased content before you buy it. We do not generally offer refunds after 30 days, unless required under relevant consumer protection laws. If you think you’ve got a genuine claim please let us know your reasons. We will assess your request on its merits, with regard to the digital nature of the content and previews available before purchase.

(b) There is no obligation to provide a refund in situations like the following:

  1. i. you have changed your mind;
  2. ii. you bought purchased content by mistake;
  3. iii. you do not have sufficient expertise to use the purchased content; or
  4. iv. you ask for goodwill.

(c) Refund requests must include:

  1. i. your Name
  2. ii. phone number
  3. iii. your username
  4. iv. purchase email address
  5. v. purchase amount
  6. vi. Transaction ID
  7. vii. date of purchase; and
  8. viii. reason for requesting a refund.

Requests with incomplete information will be disregarded and we will not be able to process your refund. Refunds will be paid using the same manner of purchase. When a refund is granted, your Membership for the purchased content is cancelled and we will remove from your account the purchased content that was refunded.

(d) REFUNDS WILL ONLY BE GRANTED FOR THE ORIGINAL PURCHASE AND DO NOT APPLY TO PRODUCT/MEMBERSHIP UPGRADES OR ANNUAL OR MONTHLY RENEWALS. All refunds will be granted at the sole discretion of the refund department and Scott Hurtado. Subscription and recurring payments can only be refunded back to you if you ask for a refund within the first thirty days of the subscription or recurring payment that you are on. The subscription you’ve purchased remains active until it reaches its expiry date. For example, if you purchase a 3-month subscription, and then choose to cancel it, the subscription will remain active until the end of the 3-month period. If you don’t want to keep your subscription, you can request a refund, but only if the subscription falls within the first 30 days and it hasn’t expired. For example, if you have a monthly subscription and you asked to cancel it after thirty days, you will not get a refund for the first month you paid for. You will have your subscription end at the next pay period which will make it so you’re not charged for the next payment to keep your subscription current. You can reactivate your canceled and refunded Subscription, Membership, or Service at any point within 90 days from your cancelation. This only applies to a Subscription, Membership, or Service that you canceled, not one that expired due to non-payment. In the second case, you would have to purchase a new subscription at the new going rate. If you need to cancel a subscription, make sure to do it at least three days before the renewal date; otherwise, you might be charged for the next billing cycle. In cases we are not able to bring back old Subscriptions, Memberships, or Services that you had in the past, you would have to start a new Subscription, Membership, or Service at the going rate.

(e) Discount and coupon codes are applicable only to the Service to which they are validly applied. Discount and coupon codes are valid only towards the initial purchase and shall not affect the renewal or recurring price of any Membership, unless a recurring discount is specifically referenced in the coupon or promotion and only to the extent set forth in that coupon or promotion. Discounts offered after you have purchased, or agreed to purchase, the Service are not applicable. Upon any downgrade, upgrade, or closure of the Service to which the discount or coupon code was applied, the discount offered in connection with said discount or coupon code is considered null and void. Discount and coupon codes have no cash value and may not be transferred or used towards later purchases, downgrades, upgrades, or modifications to any Membership, Service, Product, or Consulting. Discount or coupon code abuse will not be tolerated under any circumstances, and may result in the suspension of the Account, closure of the Account, or retroactive adjustment of related charges. We reserve the right to discontinue any discount code or promotion at any time, for any reason or no reason, without notice.

(f) We may, in our sole discretion, issue the refund:

    1. i. in the form of an in-store credit;
    2. ii. via PayPal; or
    3. iii. via check.

We also have the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the payment provider, payment processor, or individual issuing bank associated with your Payment Method.

(g) All refunds for Consulting will incur a 10% non-refundable administrative processing fee after the Right to Rescind has passed. The Right to Rescind means that you have three business days to receive a full refund of all Consulting Fees. After the Right to Rescind deadline has passed (3 days), all refunds for Consulting will incur a 10% non-refundable administrative processing fee.

(h) The 10% non-refundable administrative processing fee for Consulting will apply, but not limited, to the following:

  1. i. you have changed your mind;
  2. ii. you ask for goodwill;
  3. iii. you are a “No Show.” A “No Show” is a person who registers for a program, but who does not show up at the scheduled date. We take our jobs seriously and you would be extremely unhappy if you paid for a service and we never showed up to do our job. The people who don’t show up to their scheduled dates will receive a full refund minus a 10% processing fee. Our time is just as valuable as yours and we cannot double book dates. That’s why you will be charged a 10% processing fee if you’re a No Show.

(i) Consulting refund requests must include:

  1. i. your name
  2. ii. phone number
  3. iii. your username
  4. iv. purchase email address
  5. v. purchase amount
  6. vi. Transaction ID
  7. vii. date of purchase; and
  8. viii. reason for requesting a refund.

(h) We reserve the right to cancel and/or terminate a contract with a client if, at any time, if We determine that the client:

  1. i. is mistreating the staff or anyone. As mentioned earlier, we maintain a zero-tolerance policy with regards to abuse of our staff. Abuse of our staff may include, but is not limited to, engaging in any threatening, abusive, offensive, defaming, harmful, profane, harassing, or unreasonably excessive communication (whether written or oral) anywhere in the universe (you read that right, the universe). Any abuse of our staff shall constitute a breach of this Agreement and there will be no refund for this cancelation.
  2. ii. commits a breach of (1) one or more elements, aspects, or requirements in his/her contract. There will be no refund for this cancelation.

(j) We accept no responsibility for travel arrangements or other actual or perceived loss due to cancelation of any perceived or actual agreements. We reserve the right to change or modify the current refund policy with no prior notice. Refund requests will be processed as they are received. Refunds may take up to 15 days to process. We’re not able to refund your money any faster than the 15 days as it’s all handled through Stripe. So we will say it again: all refunds may take up to 15 days to process. We can’t make exceptions to this policy, so please don’t ask. That means when you request a refund it can take up to 15 days for you to get your refund back from Stripe. If you would like to submit a refund request please Contact Us and we’ll be happy to review your request and process it as quickly as possible.

(3) FEES

(a) We reserve the right to change our fees and prices at anytime, for any reason or no reason. Further, we reserve the right to increase or decrease the amount of resources given to Memberships at any time, for any reason or no reason. In the event of any price, fee, or allocated resource change, Notice of any such change shall be considered given and effective on the date that such change is posted to this Website. You agree to the change if you continue to use the Membership or Service after the effective date of the change. We may, without obligation, also send Communications concerning the change.

(b) You agree to pay, in full, the amount of the recurring fee(s) listed in the description for each Membership, Service, Product, or Consulting whenever such fee(s) are due. The description for each Membership, Service, Product, or Consulting we offer is located in this Website.

(g) You agree that We shall not be liable, in any way, for any costs or expenses you may incur, including, but not limited to, overdraft fees and insufficient funds fees you may incur from any bank, financial institution, or other third party as a result of our attempts to collect payment from your Payment Method. You agree to assume complete responsibility for any third party costs or expenses you may incur as a result of any of our billing actions.

(h) In our sole discretion, without having any obligation to do so, on a case-by-case basis, we may consider expediting the review and processing of a Work Order. Our ability to expedite Work Orders is rare and in no event should you have any expectation that we will consider or expedite any Work Order. In the event that we do expedite the Work Order, we will establish and apply a NON-REFUNDABLE rush fee in connection with the Work Order. The rush fee shall be in addition to the total cost of the Work Order.

(n) Regardless of the reason why a credit or debit or PayPal payment is retracted by a bank or financial institution, a $25.00 NON-REFUNDABLE chargeback fee will be applied to the Account for each chargeback we receive related to any Payment Method associated with the Account. This fee is in addition to any monies owing on the Account, and any fees assessed by the bank or financial institution. This fee will not be waived, so please do not ask us to do so. Upon receipt of any chargeback, we will immediately, without prior notice, re-assess the related (and now unpaid) charges and suspend the Account and all Service until such time as you have fully complied with the instructions set forth in our notice to you regarding the chargeback. We may refuse to allow credit or debit, PayPal, or any other automated payment from you in the future. Upon our receipt of any third chargeback, we will immediately, without prior notice, close the Account; we may also collect or attempt to collect payment of the outstanding amount owed (including all associated fees) from any alternate Payment Methods on file for the Account.

(D) NOTICES AND COMMUNICATIONS

(1) Method of Communications

You consent to receive electronic communications (email) from Us concerning your Membership and concerning our products, service offerings, and our newsletter (“Communications”). The Communications may be those that we’re required to send to you by law concerning the Consulting Services (“Required Communications”), or may be for other reasons. We may provide these Communications to you by sending an email to the email address you provided in connection with the Account or by posting the Communications to our Website. You also consent to receive Communications by telephone or postal mail sent to any postal address or telephone number you provided in connection with the Account, although we are not obligated to use these mediums to send Communications to you. We are not responsible for and shall not be liable for any late, lost, misdirected, intercepted, unsuccessful, or otherwise failed efforts to send any Communications or Required Communications to you or any other person or party.

(2) Common Courtesy

(a) To avoid interruption of your Membership, and possible closure of the Account, you are required to act in accordance with the terms of any of the Communications or Required Communications we may send to you, within the timeframe specified in such communications. If we make three or more attempts to reach you regarding any matter that requires your attention or action, and we do not receive a response from you within 24 hours of our third attempt, we may suspend or close the Account without prior notice. Notwithstanding that, we may suspend or close the Account if you fail to respond to any Communications or Required Communications sent to you by our Abuse Department, within 48 hours of any such Communications.

(E) TERM AND TERMINATION

(1) Your Right to Close your Account

You can close your Account at any time. However, as long as the Account is open, everything in this Agreement applies, and certain terms continue even after the Account has been closed.

(a) This Agreement shall be effective as long as our records indicate that the Account is open, whether the Service or Membership is being used or not. This Agreement and all resources in the Account will automatically renew and you will be charged for additional terms equal to the previous term until and unless the Account is closed by you or by us in accordance with this Agreement. You may close the Account or any of the Service or Membership at any time by submitting a Support Request. All fees due through the closure date are completely NON-REFUNDABLE. Terms set forth herein that govern the Account, payment of fees for the Service or Membership, resolution of any disputes between us, and other such terms that are surviving in nature, continue to apply even after you close the Account.

(b) With the exception of closure by pursuant to this Agreement, the Account Owner is the only person authorized to close the Account or any of the Services associated with it. Third parties are not permitted to close the Account nor any of the Services associated with it.

(2) Our Right to Close your Account

(a) We reserve the right, in its sole discretion, to close the Account, without prior notice, for any or all of the following:

  1. i. If you, whether intentional or unintentional, breach any section of this Agreement, any supplemental rules and guidelines, any of the terms and conditions of the respective service providers, or any rights of our business;
  2. ii. If we receive notice that you or your company will be or is subject to insolvency proceedings;
  3. iii. Upon our receipt of any third party chargeback associated with any Payment Method tendered as payment on the Account;
  4. iv. If we do not receive a written response from you within 48 hours of any notice sent to you by our Abuse Department;
  5. v. If, in our judgment, your use of the Service or Membership has the potential to pose any harm to us, any of our affiliates, partners, service providers, or customers;
  6. vi. If the Account becomes past due and is not paid within 30 days of becoming past due; and
  7. vii. If, in our judgment, we have received too many complaints about your account. In the event of any such closure of the Account, you will not be eligible for a refund of any fees and you may be prohibited from reopening the Account, opening a new Account, or accessing any existing Account. In other words, pay us on time and don’t be stupid or do anything that breaches or otherwise violates any section of this Agreement, and we shouldn’t have to close your Account. You agree that we shall not be liable, in any way, for any closure pursuant to this section of this Agreement.

(3) Effects of Closure and Suspension

(a) Upon any closure of the Account:

  1. i. This Agreement and all rights granted under this Agreement shall cease immediately (except those expressly surviving or which by their nature would survive);
  2. ii. All access to the Service and your Account will cease immediately;
  3. iii. You will be billed for, and we may automatically attempt to collect from your Payment Method, any outstanding amount owed; and
  4. iv. All Content will be deleted from our servers and backup systems and we may not have or keep a backup of the Content you have created on our forum and elsewhere on our site. You agree to hold us harmless from and against any and all claims, losses, or damages arising from any closure of the Account. Any and all sections in this Agreement which impose obligations continuing in their nature shall survive closure or otherwise continue to remain in full force and effect even after account closure. You are not permitted to access your Account or any of the part of your Membership or Service formerly associated with the Account following any closure.

(b) Upon any closure of an individual Service or Membership:

  1. i. All access to the Service shall cease immediately; and
  2. ii. You will be billed for, and we may automatically attempt to collect from your Payment Method, any outstanding amount owed for the service.

(c) Upon any suspension of the Account, all Service associated with the Account will be suspended or otherwise made inaccessible until and unless all issues are addressed and resolved by you, to our satisfaction, and within the timeframe we specify. During any suspension of the Account or any individual Service that you have, you will not be permitted to:

  1. i. add, upgrade, downgrade, or modify any of the Service or Membership; and
  2. ii. transfer any Service or Membership. You agree to hold us harmless from and against any and all claims, losses, or damages arising from any suspension of the Account, the individual Service, or Membership.

(4) Reopening a Service or Account

(a) Unfortunately, once closed, most of the Service or Membership you have had may not be reopened; you will need to place a new order and have a new Service provisioned. To reopen an unexpired domain name registration, simply send us a Support Request asking us to reopen the account that was closed.

(b) The Account Owner is the only person authorized to reopen the Account. To reopen the Account, simply submit a Support Request. Any unpaid or otherwise outstanding balance must be paid before we will complete any reopening.

(F) CONTENT

(1) Content Made Available for Inclusion in the Service, Membership, Products, and Consulting

(a) We’re not responsible for any of the Content you post on or via the Service/Forum; you are. You, not us, agree to assume all responsibility for any risks associated with all Content you and your party submit, transmit, email, upload, link to, display, disseminate, facilitate access to, or otherwise make available through or for inclusion on the Service/Forum, including any reliance on the accuracy, completeness, truthfulness, appropriateness, legality, or usefulness of such Content. You warrant and represent that you possesses all legal right to, or have obtained all necessary permissions to use any and all Content you make available, use in connection with, or provide to us in connection with your use of the Service/Forum, and none of the Content you make available, use in connection with, or provide to us in connection with your use of the Service infringes on any right of any person, firm, entity, or party. You are solely responsible for protecting your assets as well as your rights to any of the intellectual property you provide to us shall have no responsibility, whatsoever, with regard to it.

(b) You understand and agree that we are solely acting as a common carrier in its capacity of providing the Service or Membership hereunder, is not a publisher of any material or information, and has no right to edit or censor the material at the Servers in use by Customer (unless pursuant to any local, state, or federal law, or any section of this Agreement). We are not responsible for nor does it pre-screen any Customers within the Service or Members areas. All materials submitted for publication through the Service, Membership, or Forums will be considered publicly accessible. We do not endorse nor screen in advance any material submitted to us for publication via the Service, Membership, or Forums. Our publication of material submitted by Customer does not create any express or implied approval by us of such material, nor does it indicate that such material complies with the terms of this Agreement.

(2) Our Intellectual Property

(a) Our Website, including all text, HTML, scripts, and images are copyright 2016. All rights reserved. With the exception of the use of designated promotional materials for the purpose of encouraging third parties to use the Service made available for download on our affiliate program (http://scotthurtado.com/affiliates), any replication, modification, or copying of any part of this Website without the prior written consent of Scott Hurtado is prohibited. This notice applies to site visitors, customers, non-customers, affiliates, and resellers of ours. Everything we create is a mark of ScottHurtado.com “Scott Hurtado,” the site logo, and “A Place for Entrepreneurs to Learn & Grow” are all trademarks of Scott Hurtado. All other trademarks are the property of their respective owners. Our trademarks may only be used with the express advance written permission of Scott Hurtado and, in any event, may never be used to:

  1. i. Promote or otherwise market competitive products or services; or
  2. ii. Disparage Scott Hurtado, our products or services, or in any manner which in our judgment may diminish or otherwise damage the goodwill we’ve established in our business. Except as expressly provided, nothing within any of the Service shall be construed as conferring any license under any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the site and the Service is protected by copyright, trademark, patent, or other proprietary rights of Scott Hurtado and its affiliates, licensors, and service providers.

(b) Except as expressly provided to the contrary, you agree not to modify, alter, remove, or deface any of the trademarks or other intellectual property made available by us in connection with your Membership, Product Purchase, or Service. You agree not to use any of the trademarks or other content accessible through us for any purpose other than the purpose for which such content is made available to customers by Scott Hurtado.

(c) We’re constantly looking for new ways to improve our programs (e.g., Affiliate Program) and developing new products, services, and features for customers. Any information you send to us, including but not limited to any ideas, remarks, suggestions, or prototypes (“Information”), shall immediately become the exclusive property of Scott Hurtado and we are entitled to use the Information without restriction or compensation to the person or party who sent us the Information. Under no circumstances shall any dissemination of Information to us be subject to any obligation of confidentiality or expectation of compensation. By sending us anything or posting on our forums, you are waiving any and all rights you may have in the Information.

(d) You understand that we shall exclusively own all rights and interests in the content you post to the forums or send to us, including, without limitation, all of the intellectual property rights therein. The Service is licensed, not sold under this Agreement. This Agreement grants you a temporary, non-exclusive, revocable, royalty-free license to use the Service or Membership during the period permitted by us, which is determined at our sole and absolute discretion, and which may be changed at any time, for any reason or no reason and with or without notice. You agree that you will keep the Service free of all security interests, liens, or other encumbrances. You may not sell, lease, license, loan or otherwise transfer or dispose of the Service or Membership.

(3) U.S. Export Laws

This Website, the Service, certain software, related documentation, and technical information made available through us (collectively, “Certain Content”) are subject to United States export laws, administrative acts, and regulations (collectively, “U.S. Export Laws”). Users of Certain Content are not permitted to export or re-export, or allow the export or re-export of, the Service in violation of any U.S. Export Laws. By using Certain Content, you represent and warrant that you are not located in, under the control of, or a national or resident of any embargoed country or country on the U.S. Department of Commerce’s Table of Denial Orders; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws. You agree not to export or re-export, or allow the export or re-export of Certain Content directly or indirectly to any countries that are subject to United States export restrictions.

Users shall not use the Services found in this Site to collect, store, or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found in this Site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List, or any other denied parties lists under U.S. Export Laws. If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

(G) LEGAL HOUSEKEEPING

(1) Disclaimer of Warranties / Limitation of Liability

(a) The Service is provided “as is” and our exposure to you is limited.

WE SPECIFICALLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NO DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS THAT MAY BE CAUSED BY US. WE DO NOT WARRANT THAT THE SERVICE IT OFFERS OR PROVIDES IS FREE OF BUGS, ERRORS, DEFECTS, VIRUSES OR DEFICIENCIES. IN NO EVENT SHALL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF WE HAS BEEN ADVISED BY CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF OUR SERVICE TO CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, WE SHALL NOT BE RESPONSIBLE FOR LOSS OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND FEES PAID BY CUSTOMER TO US FOR SERVICE, DURING THE PERIOD OF DISRUPTION OR MALFUNCTION. YOUR SOLE AND EXCLUSIVE REMEDY FOR DEFECTS IN THE SERVICE IS AS SET FORTH IN THIS SECTION OR IN THE SPECIFIC SERVICE LEVEL AGREEMENT, IF ANY, APPLICABLE TO THE SERVICE YOU ARE USING.

OUR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY OTHER PERSON MAY SUFFER. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INCIDENTAL, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF OUR SERVICE) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF OUR SERVERS AND WEBSITE), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES BUT IS NOT LIMITED TO ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE WEB HOSTING SERVICE, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO OUR WEB HOSTING SERVICE SYSTEM, THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND US ARE BEYOND OUR REASONABLE CONTROL, THE NON-RECOGNITION OF THE WEB HOSTING SERVERS, THE PROCESSING OF YOUR APPLICATION, THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR SERVICE OR MEMBERSHIP, YOUR FAILURE IN PAYING ANY FEES HEREUNDER, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL, OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS CUSTOMERS MAY UTILIZE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.

IN NO EVENT SHALL OUR MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR THE SERVICE MEMBERSHIP DURING THE PRIOR TWELVE MONTHS, OR $500, WHICHEVER IS LESS. WHERE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT US AND ITS POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES AND IDEAS INSIDE OUR SERVICES, PRODUCTS, MEMBERSHIPS, OR CONSULTING. EXAMPLES INSIDE ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. ALL EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCTS, IDEAS, AND TECHNIQUES. WE DO NOT PURPORT THIS AS A “GET RICH SCHEME.”

ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN MY MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, ON THE IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE, AND VARIOUS SKILL SETS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS. MATERIALS INSIDE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE. ANY AND ALL FORWARD-LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINIONS OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR OUR CUSTOMERS OR ANYBODY ELSE’S. IN FACT, NO GUARANTEES ARE MADE AT ALL THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS, TECHNIQUES, PRODUCTS, SERVICES, MEMBERSHIPS, OR CONSULTING.

(2) Availability of Service

(a) You understand and agree that interruptions of Service, Memberships, Products, and Consulting may occur due to scheduled or emergency maintenance, updates, and repair by us, or by strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and/or uncontrollable acts of God, or other causes beyond our control, as defined by standard practices in the industry. From time to time, it may become necessary for us to stop, reboot, disable, reconfigure, re-route, or otherwise interrupt the Service, Membership, Products, or Consulting for indeterminate and unpredictable lengths of time. You agree that under no circumstances will we be held liable for any financial or other damages due to such interruptions. In no event shall we be liable to you or any other person or party for any special, incidental, consequential, or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income, or cost of replacement Service, Membership, Products, or Consulting. Such failure or delay shall not constitute a default under this Agreement.

(b) We reserve the right to reset the password used to access a Service or Membership access and the Account, if, in our judgment, the current password is unsecure or not current.

(c) We reserve the right to refuse Service or Membership access. Notwithstanding the foregoing, we reserve the right to refuse access to the Service or Membership access to anyone, at any time, for any reason or no reason.

(d) From time to time, it may be necessary for us to update certain software, applications, and/or the Service without prior notice. An example of a needed update is an update from one Wordpress version to another since our entire website runs on the Wordpress platform. The updated version may not be compatible with our current plugins and our Content and/or website features may cease to function as expected following the update. In most cases, we are unable to roll back or otherwise reverse the update. In cases like this, Service and access to your Membership will be delayed until we are able to fix it for all Membership and Service levels. We reserve the right to switch off the Service or Membership access to anyone, at any time, for any reason or no reason to update our site and server.

(3) Indemnification

(a) Customer agrees to defend, indemnify, and hold us and its affiliates, directors, officers, agents, and employees harmless from and against any and all claims, obligations, losses, damages, costs, liabilities, and expenses (including reasonable attorneys’ fees and costs) incurred by us arising from or due to any claim, action, dispute, or demand made by any third parties (including customers of Customer) that are related to or arising out of your use of the Service or from your placement or transmission of any materials or Content that’s inside our site, products, and services. Such liabilities may include, but are not limited to: (a) false advertising claims against Customer (or customers of Customer), (b) liability claims for products or services sold by Customer (or Customer’s customers), (c) infringement or misappropriation of intellectual property rights, (d) violation of rights of publicity or privacy, defamation, libel, slander, obscenity, or child pornography, (e) spamming or any other offensive or harassing or illegal conduct (including but not limited to any violation of our acceptable use policy, as set forth in this Agreement), or (f) any other damage arising from your equipment, your business, or your use of the Service.

(b) We agree to indemnify, defend, and hold harmless Customer and its affiliates, directors, officers, agents, and employees (collectively, the “Customer Group”) from and against any and all claims, obligations, losses, damages, costs, liabilities, and expenses (including reasonable attorneys’ fees and costs) incurred by Customer Group arising from or due to any claim, action, dispute, or demand (or any member thereof) to the extent arising from:

  1. i. Any personal injury, death, or physical damage to, or loss, or theft of, tangible personal property caused by the gross negligence or willful misconduct of any of our employees, agents, or subcontractors, or
  2. ii. Infringement of any U.S. patent, copyright, or other proprietary rights resulting from Customer’s use of intellectual property solely developed or wholly owned by us and used to provide the Service or Membership; provided, however, that, in addition to the foregoing indemnification, our sole and exclusive liability with respect to this Section (K)(3)(b), and Customer’s sole and exclusive remedy with respect to this Section (K)(3)(b), is limited to us making the Service non-infringing or arranging for Customer’s continued use of the Service or Membership by license or otherwise. However, if either of the foregoing options are commercially impracticable for us, in our sole discretion, upon written notice to Customer, we may cancel the directly affected Service or Membership, refund to Customer any prepaid fees for such cancelled Service or Membership and, if applicable, adjust Customer’s ongoing monthly fees for the continuing Service or Membership to account for such cancelled Service. Notwithstanding anything to the contrary in this Section (K)(3)(b), we will have no indemnification obligation to Customer under this Section (K)(3)(b) for any infringement arising from (a) an unauthorized modification of the Service by Customer, or (b) Customer’s combination of the Service or Membership with any intellectual property not developed or owned by us if the Service or Membership would have avoided the infringement but for such combination by Customer.

(4) Force Majeure

(a) We shall not be liable to Customer or any other person, firm, or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action, or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation, or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, wars; or lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches, or delays.

(H) MISCELLANEOUS

(1) Affiliate Program

The Affiliate Program offers you a chance to get commission on the new customers you send to us. Restrictions and limitations apply. Participation in the Affiliate Program is dually governed by this Agreement and the Affiliate Terms and Conditions Agreement found here. In the event of any conflict between this Agreement and the Affiliate Terms and Conditions Agreement, the Affiliate Terms and Conditions Agreement shall govern.

(2) Third Party Providers

(a) We may subcontract the performance of certain Products, Memberships, or Service to third parties, and your use of the third party-provided Products, Memberships, or Service shall be governed by any applicable license agreement, if any, with such third party and the third party’s terms and conditions. We make no representations or warranties, and shall not be liable for, the quality, availability, timeliness, accuracy, or completeness (or lack thereof) of the information, Product, Membership, or Service provided by any third party provider.

(b) We are not the agent, trustee, representative, or fiduciary of you or any third party provider in any transaction. Any transactions with third party providers shall be by and between the visitor and the third party provider. Any and all discounts and special offers of any third party may be subject to additional terms, restrictions, and limitations.

(3) Compliance with the Law

(a) You agree that you will use our Product(s), Membership(s), or Service(s) by us in a manner that is consistent with all applicable U.S. local, state, and federal laws and regulations, regardless whether or not you are a citizen of the United States. Customers found to be using our systems for illegal activities, including but not limited to breaking into remote systems, phishing, credit card fraud, or theft, will have their accounts closed with immediate effect, without prior or further notice, and without refund of any fees or payments.

(b) It is our policy to cooperate with law enforcement and administrative agencies, but we don’t just roll over and give them all of your info. Upon lawful request from a law enforcement or government administrative agency, we may, without notice to you or your consent, provide the information requested by such agency.

(4) Taxes

(a) If any federal, state, or local governmental entity with taxing authority over the Service imposes a tax, duty, or fee directly on the Service provided to you by us under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then we may pass the direct amount of such tax on to you, and you shall promptly pay that tax.

(5) Severability

Any party’s failure to insist on compliance or enforcement of any section of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that section or of any other section of this Agreement.

(6) Relationship of the Parties

The parties intend that an independent contractor relationship will be created by this Agreement, and that no additional partnership, joint venture, employee, employer, or other relationship is intended. You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as an employee or employer of Scott Hurtado, any of our affiliates, or its respective service providers. In addition to the foregoing:

  1. i. Nothing in this Agreement is intended nor shall be construed to create any obligation of exclusivity between you and us. Nothing in this Agreement is intended nor shall be construed as limiting or otherwise restricting our right, freedom, and/or ability to enter into other, and different, relationships with other persons, firms, entities, and parties, and we may, and will, enter into other, and different, relationships with other persons, firms, entities, and parties. In addition, neither party undertakes, whether by this Agreement or otherwise, to perform any obligation of the other party, or to assume any responsibility for, without limitation, the other party’s actions, business, or operations.

(7) Disputes

(a) This Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Exclusive venue for all disputes arising out of this Agreement shall be in the state or federal courts in Salt Lake City, Utah and we each agree not to bring an action in any other venue. You waive all objections to this venue and agree not to dispute personal jurisdiction or venue in these courts. You agree that you will not bring or participate in any class action lawsuit against Scott Hurtado. or any of its partners, employees, subsidiaries, officers, licensors, or affiliates. Each of us agrees that we will not bring a claim under the Agreement more than two years after the time that the claim accrued.

(b) By using the Service, you agree to submit to binding arbitration. In the event any dispute or claim arises against us, such dispute or claim shall be handled by an arbitrator of our choosing selected from the American Arbitration Association or National Arbitration Forum in the state of Utah. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to applicable rules. All decisions rendered by the arbitrator shall be final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, shall govern all arbitration under this Arbitration clause. Otherwise, the laws of the State of Utah apply to the dispute. The prevailing party in such proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys’ fees and costs that the prevailing party incurred prior to commencing the proceeding.

(c) In no event will we mediate any dispute or controversy arising between you and any third party. We are unable to provide any legal advice or assistance. It is not our policy to adjudicate, validate, or invalidate the substance, merit (or lack thereof) of any complaint we are served (such as complaints of copyright or trademark infringement, defamation, slander or libel) – such is left to the legal system and courts. Notwithstanding anything to the contrary, we will, without prior notice, remove or disable any Account any court of competent jurisdiction has ordered removed or otherwise disabled for any reason whatsoever.

(d) If you violate any of the terms of this Agreement, any supplemental rules and guidelines, any of the terms of the respective service providers, or any rights of ScottHurtado.com, we and any other harmed party reserve the right to pursue any and all legal and equitable remedies against you. If you are aware of any violations of this Agreement, please notify us by contacting us on our contact page.

(8) Assignment

You may not assign, resell, sub-license, or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which shall be at our sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

(9) Headings of No Force or Effect

The headings in this Agreement are just for fun and only meant to help you grasp the concepts. We worked hard on them, but legally, all of the titles, headings, subheadings, and bolded explanatory phrases used in this Agreement have no effect or bearing on the meaning of any section herein at all.

(10) Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes and cancels any other agreements, proposals, communications, and understandings, whether written or oral, between us and you, other than as explained or incorporated by reference in the preamble of this Agreement.

Congratulations! You’ve reached the end. Thanks for taking the time to learn about our Terms of Use. Take a moment to stretch and drink a glass of water because we know it’s boring to read through all of the Terms of Use.