Terms + Conditions
(Posted November 6, 2020. Effective immediately for users who join shamelessagency.com, shamelesslysuccessful.com, actualizationagency.com, or www.thisisrichcraft.com or any other sales and promotional pages owned by Shamelessly Successful Actualization Agency (the “Site”) on or after November 6, 2020 and thirty days from this date for users who joined the Site prior to this date. Supersedes all previous versions of the Site’s Terms of Use)
These Terms of Use (the “Terms” or “Agreement”) set forth the terms and conditions under which individuals residing in the United States may use the Site and/or the Company’s Services (described below). Certain Site or Company Services are subject to additional policies, rules and terms and conditions, which are set forth in the printed or online Service materials relating to those Services (“Additional Terms”).
Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services.
These Terms include the Site Disclaimer and Privacy Policy, which are incorporated herein. If you object to anything in these Terms, the Disclaimer or any applicable Additional Terms, do not use the Site or the Services.
We reserve the right to modify, alter, or other update these Terms and Conditions at any time. We will post any such change at this site. Any changes will apply prospectively. You are encouraged to review these Terms and Conditions each time you use the Website because your use of the Website after the any changes will constitute your acceptance of the changes. In exchange for acceptance of the Terms and Conditions, we grant you a personal, limited, non-transferable non-exclusive, license to access and use the Website. We reserve the right, in our sole discretion and without notice to you, to revise this Website and to change, suspend or discontinue any aspect of the Website and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Website or restrict your access to part, or all, of the Website without notice or penalty. Your continued use of the Website will constitute your acceptance of any such changes.
For purposes of these Terms, the “Website” or “Site” shall mean shamelessagency.com, shamelesslysuccessful.com, actualizationagency.com, or www.thisisrichcraft.com and any other Company branded websites, social media sites, groups, or pages, web pages, mobile applications, sales pages, and mobile websites operated by Company. This includes any branded assets for the program “Altar.” (“Company” or “we”) in the United States, and the “Services” shall mean any of the various services that Company provides through the Site or any other channels, including over the telephone or in-person. The terms “Site” and “Services” also include Company’s mobile application and the services offered through that application.
By accessing or using this Website and its Content, you represent and warrant that you are at least 18 years of age and that you agree to abide by these Terms and Conditions. Any registration by, use of or access to the Website and its Content by anyone under age 18 is strictly unauthorized, unlicensed and in violation of these Terms and Conditions.
Please read these Terms of Conditions carefully before using this Website.
Definition of Services
The Company provides access to coaching, consulting, education, and seminar programs through acceptance of these Terms of Use via Website, through other channels, or based upon execution of an individual client programming agreement covering specific courses or materials (collectively, the “Program” or “Programming”). In many cases, the Programs are taught by third-parties but they may also be taught by members, managers, or associates of the Company or may incorporate third-party written, video, recorded, or virtual materials. The Company reserves the unconditional right to discontinue, amend, modify, or substitute Programming available on its Site or otherwise from Company with or without notice. In any case, the Company acts as a marketplace to connect customers with third-parties who wish to provide Programming and assumes no responsibility for the content of that Programming provided by any independent contractor or third-party.
Electronic Communications and Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement Client transmits through this Website, including but not limited to any consent you give to receive communications from Company solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Company Does Not Provide Medical, Psychological, or Similar
Professional Services
You acknowledge that the Company and persons providing or marketing Programming through the Company, including third-party independent contractors, are not your agent, lawyer, doctor, manager, therapist, public relations agent, or business manager, fiduciary, registered dietician, or finance analyst, psychotherapist or accountant. You further understand that your participation in any Program or business relationship with the Company is not intended to and will not treat or diagnose any disease, illness, or ailment (whether physical or mental) or address any legal or financial issue. You understand and agree to these terms even if a person associated with the Company holds a license, degree, or certification in such a field such as psychotherapy that the services they are providing through or in relation to Company do not fall within their respective professional license or designation. If you should experience any issues for which third-party professional advice is available, then you agree to see a licensed professional you determine to be appropriate to your needs.
By participating in Company’s Programming or viewing the Website, you acknowledge that the information provided by Company is not intended nor implied to be a substitute for medical, psychiatric, legal, accounting, psychological or similar professional advice. In addition, the Company or a third-party instructor may provide you with information relating to additional products or services that the Company or a third-party believes might benefit you, but such information is not to be taken as an endorsement, recommendation, or substitute for professional advice. The Company is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided or from your use of any product, professional service, or other type of service discussed by Company or any third-party instructor.
You further represent and warrant, as a condition of using this Site or any services provided by the Company, that you are medically and psychologically able to do so without any adverse consequence and have obtained the opinion of your medical doctor and treating psychologist that participation in the Programming and implementation of any ideas or recommendation discussed in the Programming will not present any material risk to your well-being or the well-bring of others.
Payment and Refund Policy
The terms of your payment obligations to the Company will be specified in your individual client programming agreement or in the order you place on this Website, or both. In general, the Company does not provide guarantee any refunds of money paid for Programming or otherwise to the Company including, without limitation, if you are unable to participate in scheduled Programming or if Programming is cancelled, rescheduled, or modified by Company. If Programming is cancelled or rescheduled by the Company, the Company may, but shall not be required to, substitute different programming for any cancelled, modified, or rescheduled programming at Company’s option and no dates specified by Company. In such a case, the substitute Programming shall be your sole compensation from the Company, whether or not you utilize it. All payments by you to Company or any third-party providing Programming are final and may not be rescinded. Nothing contained herein should be construed as requiring Company to refund all or any part of monies you pay to Company under any circumstance.
Intellectual Property Rights
Company owns the intellectual property rights to all information on this Website and all information provided by Company in connection with its Programming, including but not limited to. the Company’s name, logo, graphics, videos, audios, images, designs, photographs, writings, graphs, data, and other materials. Company’s ownership rights are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Individual third-party instructors may also have intellectual property rights in Programming offered through Company. You agree to comply with all copyright laws worldwide in your use of this Website or Programming and prevent unauthorized copying, use, distribution, or sale of protected intellectual property. You may not copy, display, distribute, modify, reproduce, or transmit this Website or any Programming, or any portions thereof, without prior written consent from us and from any other party holding intellectual property rights in the materials at issue. Except as provided in this herein, Company does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information. The words, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through this Website (hereinafter “Content”) is our property and is protected by U.S. intellectual property laws.
By using this Website or any Programming, you agree and acknowledge that all materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Website or included in any Company Programming are the property of Company, Company’s third-party instructors, or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Website. All other trademarks are the property of their respective owners. All of our Website’s content is Copyright 2020 of the Company. All rights reserved.
Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made before you wish to use the Content by sending an email to shamelesslysuccessful@gmail.com
Use of the Website
You may use this Website only for your own noncommercial personal use and in compliance with these Terms and Conditions and any other agreements you have made with Company. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Website. If an account or password is needed to use any portion of this Website, you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password, including all purchases made by using that account. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security and to take all steps necessary to secure your account, including changing your password immediately upon learning of any breach.
Additional Terms
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Website or for services outside of the Website, including with respect to ordering products or services from Company or terms included in an individual client programming agreement (“Additional Terms”), which Additional Terms are made part of the said Terms and Conditions by reference. You may be asked to sign individual contracts as part of purchasing specific services or Programming and the terms of these agreements are included as Additional Terms herein. If there is a conflict between these Terms and the Additional Terms or any other disclaimer or agreement between you and Company, the Company shall have the power to elect which terms control in any given instance. The Company may elect that different terms apply in different situations or at different times and may do so to maximize the legal protection and benefits it or other parties receive. To the extent any court determines that the Company may not, for any reason, elect among conflicting or different terms or that Company’s discretion to elect among those terms is limited, the term most favorable to Company shall apply.
Information You Submit to Us
With respect to any information or materials you submit or make available to us, you agree that any information you provide to us through email, comments, or other forms of communication, including in the course of participating in Programming, is done with a non-exclusive, worldwide, perpetual, irrevocable, non-terminable, royalty-free license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials, including for commercial purposes. As such, please do not provide us with information you do not want us to use. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Company the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Company will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you. Company makes no warranty or representation that information you submit to Company will be kept confidential or protected from disclosure. You assume all risk of disclosure of information through the Website. Furthermore, you should have no expectation of privacy or confidentiality with respect to information submitted to Company or its third-party contractors, whether written or oral, and agree that you will not rely upon the expectation of privacy or confidentiality in these communications.
External Resources and Links to Other Websites
We may provide links and pointers to other websites maintained by third parties in this Website or in Programming which may take you outside of our Website or its Content. Programming may also identify third-party publications or sources of information which may be of interest. These links or information are provided for your convenience and the inclusion of any link in our Website or Programming to any other website or source of information does not imply our endorsement, sponsorship, or approval of that website, source of information or its owner or author. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in our Website or Programming, or their accuracy or reliability. We have no control over the contents or functionality of those websites or third-party information and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
Users access links to outside sites or other third-party resources at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites or resources. Company does not control such sites, and is not responsible for their content. Just because Company has hyperlinks to such sites or has identified particular third-party resources does not mean that Company endorses any of the material on such sites or in such resources, or has any association with their operators or authors.
Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Company’s Terms of Use and Privacy Policy. Company expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold Company harmless from any liability that may result from the use of links that may appear on the Site.
Digital Millennium Copyright Act, Copyright Infringement;
Notice and Take Down Procedure
Shamelessly Successful Actualization Agency
1624 Market St Suite 202-95694
Denver, CO 80202
Shamelesslysuccessful@gmail.com
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Website Disclaimer
The information and materials contained on the Site and in Company Programming, including text, graphics, information, links or other items are provided "as is", "as available" and should not be relied upon for any purpose. Further, opinions, advice, statements, offers, or other information or content made available through the Services or Programming, but not directly by Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE WEBSITE OR RELATED TO THE PROGRAMMING; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN COMPANY; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH REGARD TO THE WEBSITE, PROGRAMMING, OR ANY SERVICE PROVIDED BY COMPANY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE COMPANY’S WEBSITE, PROGRAMMING, AND ANY OTHER MATERIALS RELATED TO COMPANY’S WORK. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES OR REGARDING THE PROGRAMMING.
Except with regard to your acceptance of these Terms and Conditions, viewing or use of the Website Materials shall in no way create any relationship with the Company or any of its past, current, and future members, partners, associates, successors, assigns, employees, managers, attorneys or affiliates.
Assumption of Risk
In using, accessing or viewing this Website, the Programming, and Website Materials, you acknowledge you are solely and personally responsible for all of your choices, actions and results. You, and you alone are fully responsible for the consequences of your use, non-actions, or non-use, of any information provided on or through this Website or Programming. You also acknowledge and agree as well as take full ownership and responsibility to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from this Website or Programming and applying it to your business, family, life, or for any other purpose. You assume all risk when using the Site, Programming, and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site or the Services. You agree to take all necessary precautions to protect yourself and others.
No Guarantees
You acknowledge and agree that if you do business with the Company, including by viewing the Website or participating in Programming, your future success and well-being is 100% your responsibility and depends entirely on your own effort, abilities, characteristics, individual circumstances, market conditions, commitment, dedication, and various other factors, including the decisions of third-parties. You understand that results from the same Programming will be different for each individual and that some persons may not benefit from Programming or may suffer harm or loss as a result of viewing the Website or participating in Programming. Therefore, we cannot predict and we do not guarantee that you will attain a particular result. You fully agree that there are no guarantees as to a specific outcome or results you will gain from using the information you receive through this Website.
Testimonials
Our Website or Programming may present examples of other people’s experiences, which may be edited or altered for content and marketing purposes, and these testimonials are for the purpose of illustration only. The testimonials and examples are of clients and their views on the Company at the time their statement was made, subject to modifications made for marketing purposes by Company which may alter the content or substance of the testimonial. In no way are these testimonials intended to represent or guarantee that you will achieve the same or similar results and should not be perceived in that way.. Any examples of results obtained by other clients of Company are not guarantees or warranties of the results you may or will obtain by doing business with the Company.
Limitation of Liability
Neither Company or any other party involved in creating, producing, or delivering our Website or Programming shall be liable to you, or to any other individual, company or entity, for any direct, incidental, consequential, special, indirect, equitable, or punitive damages arising out of your access to or use of our Website or Programming, or reliance on our Website or Programming. By using this Website or doing business with the Company, you agree to limit the liability of the Company and its current, past, or future members, managers, shareholders, assignees, successors, independent contractors, attorneys, employees, and affiliates for any losses, damages, or monetary claims of any type of nature, including without limitation, attorneys’ fees and costs, expert fees, court costs, exemplary damages, that you or any other person may incur from use of the information, products or materials that you request or receive through or on our Website or from Company, including without limitation, the Programming or services subject to Additional Terms. You agree that the maximum combined liability of all such persons will be no more than the total amount of money you have actually paid to Company for its services within the past twelve (12) months. You agree that this limitation of liability is reasonable and reflects an allocation of risk between you and Company that is material to Company and allows Company to provide the Website, Programming, or other Services to you at the cost charged by Company. This clause and the other clauses herein limit our ability to claims by you to the maximum extent permitted by law. By viewing this Website, utilizing Programming, or otherwise doing business with Company, you agree to these limitations.
Indemnification
You fully agree to defend, indemnify, release, and hold harmless Company and any of its past, current, and future members, managers, agents, consultants, joint venture partners, employees, shareholders, directors, staff, team members, attorneys, independent contractors, or anyone otherwise affiliated its affiliated with from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to your use of this Website, the Programming or other relationships with Company, including but not limited to, those arising in part from the negligence of the Company or another party.
Release of Claims
ON BEHALF OF YOURSELF, YOUR SUCCESSORS, ASSIGNS, HEIRS, INSURERS, PERSONAL REPRESENTATIVES AND ALL PERSONS CLAIMING BY, THROUGH OR UNDER YOU, YOU HEREBY FULLY AND FOREVER RELEASE, WAIVE, RELINQUISH AND DISCHARGE THE COMPANY AND COMPANY’S PAST, CURRENT, AND PRESENT EMPLOYEES, VOLUNTEERS, MANAGERS, INDEPENDENT CONTRACTORS, MEMBERS, AGENTS, ATTORNEYS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS AND LIABILITIES OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES) IN LAW OR IN EQUITY, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THESE PARTIES, FOR INJURY OR DEATH TO YOU OR ANY THIRD-PARTY, INCLUDING, WITHOUT LIMITATION, IN RELATION TO PARTICIPATING IN ANY COMPANY PROGRAMMING OR USING THE COMPANY WEBSITE. WITHOUT LIMITING THE FOREGOING, IT IS THE EXPRESSED INTENTION OF THE PARTIES TO THIS AGREEMENT TO GIVE COMPANY AND THE OTHER PARTIES MENTIONED ABOVE THE WIDEST AND MOST EXTENSIVE PROTECTION AGAINST LIABILITY THAT IS ALLOWED UNDER LAW.
International Use
We control and operate the Site from the United States. We make no representation that materials on the Website are appropriate or available for use outside the United States. If you choose to access this Website from outside of the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Choice of Law and Jurisdiction
Unless otherwise specified, our Website and the Contents thereof are displayed solely for the purpose of promoting the goods and services of Company. Our website is controlled and operated by the Company from its location in Denver, Colorado. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of Colorado. The parties further agree that any action or proceeding that relates to or arises out of this Agreement shall be brought exclusively in the state courts having jurisdiction over Denver, Colorado, and the parties hereby consent to the jurisdiction of, and agree that venue is proper in, such court and waive any argument that such court is forum non conveniens.
Term and Termination
We reserve the right to terminate at our discretion Client’s right to the Programming or Website. Without limiting its other remedies, we also reserve the right and may immediately discontinue, suspend, terminate, or block your and any user’s access to our site at any time at our sole discretion. In the event of cancellation or termination, you will no longer be authorized to access the part of the Website, Programming, or Content affected by such cancellation or termination. In addition, you agree that your access to the Website or Programming is immediately and automatically revoked, and that any further access to the site shall be deemed unauthorized, in the event you file or threaten to file any legal action against Company or its members, managers, employees, attorneys, successors, or assigns.
In the event of cancellation or termination, you will no longer be authorized to access the part of the Website, Programming or Content affected by such cancellation or termination and will not be entitled to any refund. You agree to return any materials provided to you through this Website or through any Programming upon termination of your relationship with Company.
By enrolling in our program and using this Website, you agree to all parts of the above Terms and Conditions. If you have any questions about these Terms and Conditions, please send an email to Shamelesslysuccessful@gmail.comor contact us at:
Shamelessly Successful Actualization Agency 95694
1624 Market St Suite 202
Denver, CO 80202
Last Updated: November 6, 2020
Miscellaneous
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way affect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. Each past, current or former Member. Manager, employee, attorney, assign, successor, affiliate, or associate is expressly made a third-party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will insure to the benefit of the legal representatives, successors and assigns of the parties hereto.
