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RBA Program Terms & Conditions

IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE ENROLLING IN REAL BIZ ACCELERATOR!

Please read these Program Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and the Company (defined below), which governs your use of Program (defined below) obtained by purchase through this website at Company.com, or any related domains or subdomains (the “Sites”).  In these Terms, use of the words “you”, and “your” refer to each individual user enrolls in the Program, and “we”, “us” and “our” refer to The Brenke Group, LLC, doing business as Rachel Brenke (“Company”).

By enrolling, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Company’s Site and Program immediately.

AGE OF CONSENT

Understand that by using the Sites, any Products, services or applications for which you tender payment or otherwise obtain through the Sites, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

PROGRAM

The Brenke Group, LLC DBA Company (“Company”) agrees to provide the program “Real Biz Accelerator” (“Program”) identified on the Site (www.rachebrenke.com).  As a condition of your enrollment in Program, You agreed to be bound and abide by these Terms & Conditions set for this this agreement.

As part of the Program, the Company shall provide the following to You, the Enrollee:

A Password Protected Program Area: The Company will maintain a Program Area that will include video, audio and written lessons, templates, worksheets, checklists, slide decks and other training and support information. You shall have access to this Program Area for as long as the Program Area exists, however no less than 90 days. In the event that Company intends to close the Program Area, it shall provide clients with a 30-day notice and the ability to download the core resources contained in the Program Area.

From time to time, the Company will offer bonuses to individuals who sign up for the Program. You will be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year. The Monthly Group Coaching Calls with Rachel falls under this bonus category. You’ll get access to 12 exclusive monthly Q&A with Rachel which will be recorded and available for replay each month. The Company reserves the right to discontinue these question and answer sessions at any time without any advance notice.

NO ATTORNEY-CLIENT RELATIONSHIP

Please keep in mind that nothing contained on the Sites or available through the Products, Materials and services of Company is intended to form an attorney-client relationship. Your interaction with Company in any capacity does not form such a relationship.  Company’s performance of services offered through or advertised by the Sites, information provided on the Sites, and Products sold through the Sites likewise does not create an attorney-client relationship in any particular circumstance.

PRIVACY POLICY

Company permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available here, which is incorporated herein by reference.

Company will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you.  Company will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations.  Company is the sole manager of such information collected on the Sites.  Company will use such information to respond to you as necessary.  You grant Company a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.

AFFILIATE LINKS

Links on the Sites may be affiliate links controlled by parties other than Company to help support the maintenance of the Sites.  Company does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate sites and makes no guarantees as to the quality or content of the same.  You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Company from any loss or damage incurred from dealing with such affiliate.

STOCK PHOTOGRAPHY

Stock photography may be used on the Sites – all images are being used under license through the company providing the stock images.

INTELLECTUAL PROPERTY LICENSE

Company owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Sites (except those licensed from others);  (b) any Products and portions therefore; (c)  all things otherwise provided to you as a part of Company’s services, and; (d) any other intellectual property rights afforded to Company, either through state or federal registration or as otherwise available at common law (“Intellectual Property”).  Except as stated below, Company does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Sites.

You agree not to make unauthorized use of or otherwise infringe upon Company’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so.  Company will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.

So long as you comply with this Terms of Use, Company grants you a non-exclusive, non-transferable license to download, view, copy and print the Products you purchase solely for your personal use with respect to your photography clients or similar business use, and which is not to include any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you:

(1)  abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;

(2)  abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law;

(3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and

(4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does grant you intellectual property ownership in, or provide a general right to modification of, the Products.

PAYMENTS

In consideration of your enrollment and access to the Program, you agree to pay the following fees.

You can chose between one (1) time payment of $2500  (“Pay In Full Plan”) or 12 payments of $299 (“Installment Plan”).

Upon payment submission, You authorize Company to charge your credit card.

If eligible payment methods on file are declined for payment for monthly fees, you must provide an updated payment method promptly for your Program installment plan or access will be removed.

If you chose the Installment Plan, You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program.

If you do not request a refund within these Terms, You are required by law to complete the remaining payments of your Installment Plan and you understand that your access will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account. If you fail to update your payment with a successful payment method within (10) business days of first decline, You will be responsible for all collections fees, including but not limited to collections agencies, attorneys fees and costs.

REFUND POLICY

We believe in our programs and services but we also want you to be satisfied with your Program.

We believe that if you put your best effort forward in applying the strategies in the Program, you will be satisfied.  The company gives a 90 day money-back guarantee.

In order to qualify for a refund you must submit proof that you filled out the weekly assessments within the portal on schedule and attended three live coaching sessions.

In the event that you decide your purchase was not the right decision, within 90 days of enrollment, contact our support team at rachel@rachelbrenke.com  and let us know you’d like a refund by the 90th day at 11:59 EST. If you request a refund and did not timely submit the weekly assessments by the 90th day, you will not be granted a refund.

We will NOT provide refunds more than 90 days following the date of purchase. After day 90, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

All refunds are discretionary as determined by The Brenke Group, LLC.

NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS”. COMPANY OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK.  COMPANY MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACURRATE AND RELIABLE IN ALL INSTANCES.

RESULTS DISCLAIMER

EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT OUR PRODUCTS AND THEIR 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 IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCTS, IDEAS, AND TECHNIQUES. WE DO NOT PURPORT ANY OF OUR PRODUCTS TO BE 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 OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO OUR PROGRAMS, IDEAS, AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE, AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO THE INDIVIDUAL, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.

MATERIALS IN OUR PRODUCTS AND ON OUR WEBSITE 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 MATERIALS, ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS ARE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR THE TESTIMONIALS OF OUR CUSTOMERS. IN FACT, NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM THE IDEAS AND TECHNIQUES IN OUR MATERIAL.

MENTIONED PRODUCTS/SERVICES

EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT [PRODUCT/SERVICE] AND ITS POTENTIAL. THERE IS NO GUARANTEE THAT YOU WILL RECEIVE THE SAME RESULTS USING SYSTEMS/PRODUCTS MENTIONED EXAMPLES IN THIS PRODUCTION ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF A CERTAIN OUTCOME. RESULTS ARE ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCTS, IDEAS, AND TECHNIQUES.

ANY CLAIMS MADE OF ACTUAL RESULTS FROM USE OF MENTIONED PRODUCTS OR SERVICES CAN BE VERIFIED UPON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING ANY RESULTS CLAIMED DEPENDS ON YOUR USE AND OTHER UNIQUE FACTORS THAT MAY AFFECT USE WHICH ARE UNKNOWN TO THE CONTENT CREATOR. SINCE THESE FACTORS DIFFER ACCORDING TO THE INDIVIDUAL, CREATOR CANNOT GUARANTEE ANY SUCCESS OR OUTCOME, NOR IS CONTENT CREATOR RESPONSIBLE FOR ANY OF YOUR ACTIONS.

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, COMPANY SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION.    EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO COMPANY, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

You agree to absolve and absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

GOVERNING LAW; VENUE

These Terms shall be construed in accordance with, and governed in all respects by, the laws of the Commonwealth of Virginia.  Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the City of Manassas, Virginia.  Company reserves the right to change or modify these Terms at any time without notice to You.  Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Company’s Products, Materials and services.

ASSIGNMENT

Client may not assign this Agreement without express written consent of Company.

MODIFICATION

Company may modify terms of this agreement at any time. All modifications shall be posted on the The Brenke Group, LLC”s website.

TERMINATION

The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

CONTACT

By using the Sites and entering personal information, you give Company permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy.  Should you prefer not to be contacted by e-mail, please let Company know by emailing us here, and we will kindly refrain from doing so.

Any questions regarding the above Terms may be directed to:

Rachel@Company.com

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