Effective Date: 27 May 2020
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
In Plain English
Read this document because it explains what you can and can’t do on this website.
BY REMAINING ON THIS SITE OR PLACING AN ORDER FOR FREE OR PAID PRODUCTS, SERVICES, OR MEMBERSHIP FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER PRODUCTS, SERVICES OR JOIN A MEMBERSHIP ON THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT OLDER THAN THE LEGAL AGE TO FORM A BINDING CONTRACT WITH EMERY LEACH, LLC, dba THE FOUNDATION BUILDERS ACADEMY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS, GOODS, SERVICES, OR MEMBERSHIPS BY ANY APPLICABLE LAW.
Merely by being on this site means that you accept these terms. If you don’t accept these terms, then you need to move along.
Definitions. The following definitions apply to these Terms:
“Access” – means viewing or otherwise obtaining information located on this site.
“Company” – refers to Emery Leach, LLC and the Foundation Builders Academy.
“User”, “Users” – refers to any party who accesses the site.
“Website,” “the site,” “site” – is a website maintained on the World Wide Web by Emery Leach, LLC and refers to thefoundationbuildersacademy.com, foundationbuilders.vipmembervault.com, https://www.facebook.com/groups/thefoundationbuildersacademy, and https://www.facebook.com/groups/foundationbuildersfree
Some of the words in this document have specific definitions when referencing this website. These are those words and their definitions.
Order Acceptance and Cancellation. You agree that your offer to buy, under these Terms, all products, services, or membership listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products, services, or memberships to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and the details of the items you have ordered.
When you place an order for something, it’s actually considered an “offer to purchase,” which we can reject. We are not obligated to supply you with your purchase. If we reject your offer, you will not be billed for your order.
Things come up, and sometimes we can’t accept an order.
Prices. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price for a product, service, or membership will be the price in effect at the time the order is placed and will be defined in your confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include any applicable local, state, or federal taxes, or charges for shipping and handling.
The prices you see on this site can change without notice. If you order something before a price increases, you will be locked in at the lower rate.
Although we strive to display accurate price information, we may on occasion, make inadvertent typographical errors, inaccuracies, or omissions relating to pricing or availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and cancel any orders arising from such errors, inaccuracies, or omissions.
We’re only human and sometimes we screw up. If there is a typo or something is wrong in a product, service, or membership posting, we can cancel your order and refund any monies you have paid.
From time to time, we may offer promotion on the Site that may affect the pricing and that are governed by terms separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
If we’re running a sale or promotion and the sale or promotion has better terms, then the terms of the promotion or sale will trump the terms on this page.
Payment terms. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept payment by credit card for all purchases. When purchasing with a credit card, you represent to us that (a) the credit card information you supply to us is accurate and complete, (b) that you are the primary or an authorized user on the credit card used to complete the purchase, (c) that your credit card company will honor the cards placed on your credit card, and (d) that you will pay charges incurred by you at the posted prices, including any shipping and handling charges, if any, and all applicable taxes, if any.
It’s our site and our products, so we get to decide what we charge, how we charge, and when we charge. All products, services, and memberships are paid for in advance. If you purchase with a credit card, you are promising that you are allowed to use that card for this purchase and that you will pay your credit card company for the purchase that you made.
Returns and Refunds.
Legal Products, Templates, Checklists. All legal products, templates, checklists, and other non-membership items are covered by our 14-day, no-hassle, satisfaction promise. If you’re not happy, we’re not happy. Simply reach out to us and we’ll see how we can make it right, even if that means offering a full refund. If we offer you a refund on the product you downloaded, you are no longer authorized to use the product.
Memberships. The Foundation Builders Academy has a “no-hassle, cancel anytime guarantee”! If at any time your life changes or you decide that the Foundation Builders Academy isn’t the right fit for you, just go into your Profile, or reach out to our support team, and cancel your membership without penalty. Due to the nature of the membership, refunds are not granted for any memberships.
Sometimes you purchase the wrong document, or it’s not exactly what you were looking for. We’ll help you get the right document. You have 14-days to let us know if you want to return what you purchased. All we ask if that you return something that you don’t use it.
For memberships, you can cancel at anytime. Since our memberships are month-to-month, your membership will end at the end of your current term.
Disclaimer and Limitation of Liability. Although the Company strives to provide accurate information on this Site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assumes no responsibility for any errors or omissions therein; Additionally:
Users access this Site at their own risk. The Site is provided on an “as-is, as availability” basis without warranty of any kind and any and all warranties or merchantability or fitness for a particular purpose or non-infringement are specifically disclaimed.
There’s a lot of information out there, and although we’re continually updating our templates, knowledge base, and other items on our site, the law sometimes changes before we get a chance to update something. That means that some information might be dated or incorrect when you read it.
Our sole and entire maximum of liability for legal products, templates, and other documents, and your sole and exclusive remedy, shall be limited to the actual amount paid by you for the products and services you have ordered through our Site. In no event shall we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive, or otherwise enhanced damages, lost profits or revenues, or diminution in value, arising out of, or relating to, or in connection with any breach of these terms.
Our liability is limited to the actual amount paid for a product or service that you have ordered through the site.
Our sole and entire maximum of liability for your membership, and your sole and exclusive remedy, shall be limited to the actual amount paid by you during the most recent term of your membership. Our membership is designed to help you achieve certain goals and outcomes, but your success primarily depends on your own conduct, efforts, motivation, commitment, and follow-through. We cannot predict or guarantee that you will attain a particular result, and you accept and understand that the results will be different for each user.
Our liability for your membership is limited to one-month’s membership fee. While we can provide you with education and tools to create successful business foundations, we cannot guarantee that you will achieve a specific outcome because that outcome is dependent upon your own efforts.
Security. Users are prohibited from violating or attempting to violate the security of the Site.
Copyrights and Marks. All content on the Site, except for user submitted or where other ownership is indicated, are the copyrighted and/or trademarked property of the Company.
Don’t try to break our site. And don’t steal our stuff.
Products not for resale. You represent and warrant that you are buying products, services, or membership from the Site for your own personal, business, or household use, and not for resale.
Don’t resell our stuff. We own it and we are granting you a specific license to alter the document to suit your needs in your personal life or business, but that does not include the right to resell what we’ve created.
Prohibited Conduct. User expressly agrees from refraining to do, either personally or through an agent, any of the following:
Use any device meant to harvest information about other Users.
Transmit, install, upload, or otherwise transfer any virus or other item or process to the site that in any way affects the use, enjoyment, or service of the site, or company’s employee’s computers or other mediums used to access the site.
Post any material on the site that is offensive to any other User. Company maintains the exclusive right to determine what is offensive.
Post or store on the site any content that infringes or violates the intellectual property or other rights of others, including but not limited to copyrights, trademarks, service marks, trade secrets, patents, privacy and publicity rights.
Modify the information, including headers or footers, found on the site.
Transmit, install, upload, or otherwise transfer to the site any unauthorized advertising or communication.
Attempt to access, or access, the personal information of another User which is stored on this site.
Engage in any action which the Company determines is detrimental to the use and enjoyment of the website.
Use the website for any unlawful or defamatory purpose.
Attempt to access, or access, this site using another User’s password.
If you do any of these listed things, we may ban you from our site. Basically, don’t steal from us, don’t try to break into our site, don’t be mean to another user, don’t post anything offensive, etc. Follow the Thumper Rules, if you can’t say something nice, don’t say nothing at all.
Force Majeure. We will not be liable or responsible for you, nor deemed to have defaulted or breached these Terms for any failure or delay to perform under these Terms, when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including without limited, 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 civil unrest, national, state, or local emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies or adequate materials, materials or telecommunications breakdown or power outage.
In the even something totally unpredictable happens (like a pandemic), we are not liable or responsible to provide you with the product, service, or membership. We may, in our discretion and to the extent possible, offer refunds for undelivered products or cancel the next payment term for memberships.
Governing Law and Jurisdiction. This Site operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws for the State of New Jersey without effect to the conflicts of laws.
US and New Jersey Law governs the interpretation of these terms.
Dispute Resolution, Escalation, and Binding Arbitration. It is the intent of the user and the Company to use their respective reasonable best efforts to resolve any disputes, controversies, or claims as expeditiously as possible by negotiation between the user and the Company.
Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall contain (a) a statement of each party’s position and summary of arguments supporting that position, and (b) the name of the person who will represent that party and another other person who will accompany the representative. Within 30 days after delivery of the notifying party’s notice, the parties shall meet at a mutually acceptable time and place and thereafter as often as they deem necessary to attempt to resolve the dispute. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes all all applicable rules and laws of evidence.
If after 6 months of good faith effort by the parties to resolve their dispute through negotiation fails, the dispute shall be resolved exclusively and finally by binding arbitration.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or this agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this arbitration agreement is found to be unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Law suits are expensive. If there’s something wrong, reach out to us first and let’s try to resolve it among us. If that doesn’t work, we’re agreeing to go before an arbitrator to reach a resolution. We’re also agreeing not to sue each other or go to court. (Again, lawsuits are expensive.)
Assignment. You shall not assign any of your rights or delegate your obligations under these Terms. Any purported assignment or delegation is a violation of this Section 12 and is null and void, and shall not relieve you of any of your obligations under these Terms.
You are the only person who has the right to use your membership and the products that you purchase on this site. You may not sell, give, transfer, or otherwise enable another person to access or use these materials.
No waivers. The failure by us to enforce any right or provision under these Terms will not constitute a waiver of future enforcement of that right or provision.
No third-party beneficiaries. These terms do not and are not intended to confer any rights or remedies upon any person other than you.
Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed and will not affect the validity or enforceability of the remaining provisions of these Terms.
That’s all folks. Nothing that we say and nothing that you say will change the terms of this agreement. It’s all in writing to product both of us.