Terms of Service

TERMS OF SERVICE

Effective Date: June 23, 2018

 

 

The terms “we”, “us”, and “our” refer to Lucky Break Consulting, LLC. (“Company”). 

The terms “Site(s)” refers to https://www.luckybreakconsulting.com (“Site(s)”).

On the Site, we provide: Consulting services, downloadable workshops, software, and online classes (“Service(s)”).

 

The term “user,” “customer,” “you,” and “your” refers to visitors, users and customers of the Site and/or Service.

By using our Site and/or Service, whether made available for purchase or not, you are agreeing to the following Terms of Service, our Privacy Policy (located here https://www.luckybreakconsulting.com/privacy-policy) or any other agreement that governs your use of our Site or Service (collectively, “Agreements”). You should not use our Site or Service if you do not agree with the terms and conditions contained in these Agreements.

 

USE OF THE SITE AND SERVICE

To access or use the Site and/or Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Site and/or Service.

 

LAWFUL PURPOSES

You may use the Site and/or Service for lawful purposes only. You agree to be financially responsible for all purchases made by you. You agree to use the Site and/or Service and to purchase services or products for legitimate purposes only. You shall not post or transmit through the Site and/or Service any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

 

ACCOUNT CREATION

In order to use the Site and/or Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any account information you provide on the Site or to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site and/or Service, violate any laws.

 

REFUSAL OF SERVICE

We reserve the right to refuse access to the Site and/or Service to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you violate these Terms of Service or other Agreements governing your use of the Site and/or Service.

 

REFUNDS

Refunds for your purchase are not available. You agree to make timely and full payments to the Company for your purchase.

 

DISCLAIMER

The Company may share the successful results of its users or customers on the Site and/or Service. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Site and/or Service, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Site and/or Service is a promise, warranty or guarantee to you of such results.

 

 

WHOLESALE MATCHMAKER MEMBERSHIPS

Wholesale Matchmaker is a monthly subscription service which delivers access to Lucky Break’s proprietary CRM (customer relationship management) software, a series of video teachings designed to fortify your wholesale program, access to monthly Q+A calls directly with me, and store research conducted on behalf of your brand. Please note that when you sign up to become a member of Wholesale Matchmaker, you’re agreeing to a recurring monthly billing through PayPal. You may cancel at any time once the initial 3-month membership requirement has been fulfilled, but past memberships fees cannot be refunded. Your billing will continue through PayPal every 30 days until such time as either payment fails or you pause your membership by logging into Wholesale Matchmaker and using the "cancel membership" function.

If you elect to cancel your membership (or if a member of the Lucky Break team ends the membership, either because we’re not confident that we can serve you well or because your billing fails), then access to Wholesale Matchmaker Q+A calls, video teachings, and CRM software will continue through the end of your prepaid period, but your membership will then terminate automatically at the end of that subscription period. Please note that your membership fee is charged every 30 days, and I'm unable to offer pro-rated refunds. Essentially, if you cancel 17 days into a 30-day cycle, then you’ll enjoy access for the full 30 days as promised, but you won’t be charged again to renew for the next month.

Because you’re lovely and I pride Lucky Break Consulting on being a stand-up company, I’ve vowed never to hold your store data hostage. However, the ball is in your court with regard to collecting it.  I created a method for downloading a full store report before leaving the platform and you’ll be prompted to download that report when you submit a cancellation request. Please make certain that you take advantage of that opportunity, as the Lucky Break team is unable to create a report for you after your subscription period ends. If a member of the Lucky Break team elects to cancel your membership, then we’ll offer to create and deliver that store report for you. Within 72 hours of our notice of cancellation, please confirm that you’d like a copy of that store report. We’re happy to do it, but the offer does close 72 hours after we've made you aware of it.

If your automatic monthly billing via PayPal is unsuccessful for any reason, we’ll reach out via email with news of the failed billing attempt. Don’t panic: our system will make seven consecutive daily attempts to charge the card you left on file with PayPal. Please watch your email inbox, as you’ll receive several emails about the status of your account, along with details for updating the card on file if you’d like to switch payment methods.  Failure to bring your account current within 7 days of the first notice may result in cancellation of your membership, resulting in termination of access to the CRM software, Q+A calls, video teachings, and your store report. If you’d like to contact a member of the Lucky Break team about your membership, we’re available between the hours of 9am-5pm EST Monday through Friday at 888.777.9436.  We’re crazy nice, uber-helpful, and at the ready to assist!

 

PAYMENT PLAN OPTIONS

Payment plan options are available for select programs and services offered via COMPANY, as indicated on the individual sales pages contained within this site. Those payments plans are executed via PayPal’s “recurring billing” program. When you reserve classes on a payment plan through Lucky Break, here’s what you need to know:

• During the checkout process, you’ll notice that the payment plan details are tucked beneath the products in your cart. We've made certain that that the payment amounts and due dates are clearly articulated. Please make a careful note of them as billing will be attempted as posted. Those payment details are also included in the confirmation email you receive after making a reservation for programs and services which offer a payment plan option.

• You’re responsible for ensuring that adequate funds are available on those payment dates. Your payment installments will be automatically processed by PayPal on the designated dates, using whichever payment method you provided when you secured a place in the program. Under no circumstances will COMPANY be held liable for any fees incurred by you for insufficient funds being available in your account on the specified dates of payment.  

• Curriculum cannot be delivered and services cannot be rendered by COMPANY until all payments have been successfully made. If you default on your payment plan, then COMPANY can neither refund past payments nor release curriculum (in whole or in part) until all payments have been made as agreed. 

• If you’re struggling to make a payment, then I encourage you to reach out to the Client Concierge team by phone or email. Although we can't refund payments made-to-date, we’re super-nice people who understand when life happens and we’re happy to discuss arrangements that works for us both.

 

BRICK HOUSE BRANDING: CANCELLATION POLICY

This 9-week mentorship has a firm capacity limit to ensure that each participant receives personalized support while enjoying ample opportunity to have their specific questions answered during Office Hour calls. When you reserve a seat in Brick House Branding, then I’m making a commitment to you and I ask that the commitment be mutual.

Any request to cancel your reservation for a seat in an upcoming semester of Brick House Branding must be received in writing using our contact form within 30 days of the date upon which you made your first payment. We will happily refund all monies paid to date, less a $150 administrative fee.  If a client makes a reservation for the program within 30 days of the scheduled semester kickoff, then no refunds are available.

After the 30-day mark has passed, refunds are unavailable, and curriculum cannot be released until tuition is paid in full. Clients who default on their payment arrangements are neither entitled to refunds nor partial curriculum access.

 

BRICK HOUSE BRANDING: PAYMENT POLICY

Because I’m committed to putting Lucky Break’s thinking and support within the reach of as many entrepreneurs as possible, the tuition for Brick House Branding can be paid in installments through PayPal’s “Recurring Billing” program. If you take advantage of the payment plan, here’s what you need to know:

During the checkout process, you’ll notice that the payment plan details are tucked beneath the products in your cart. I’ve made certain that the payment amounts and dates are clearly articulated. Please make a careful note of them. They're also included in the confirmation email you receive after making a reservation, so hang on tight to that communication as a reference.

By choosing the payment plan option, you’re committing to make adequate funds available on those specific payment dates. If you need to change the payment method on file, then you’re welcome to contact the Lucky Break offices at 888.777.9436. We’ll be happy to walk you through the process of updating the card you originally placed on file with PayPal.

If you fail to make a scheduled payment, then we’ll continue holding a seat in your name for a limited time. If your next payment becomes due while your payment plan is still in delinquency, then your seat will be released and available to others with no guarantee of a refund for monies paid to date. If you’re interested in again securing a seat (and one is available), then the full balance of unpaid tuition will be due at the time of your request.

In summary: Brick House Branding registrants who allow their payment plans to become severely delinquent (more than one payment past due) cannot be guaranteed a spot in the program, will not be able to access the curriculum in whole or in part, and they will not be entitled to a refund or credit in whole or in part.

We’re pleased to say that payment plans go off without a hitch 95% of the time, and we’re so very grateful for your cooperation in helping this program run smoothly and remain available to others.

 

ERRORS, INACCURACIES, AND OMISSIONS

Information provided on the Site and/or Service is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free.  Company disclaims all liability for any inaccuracy, error or incompleteness in the provided information.

 

OUR INTELLECTUAL PROPERTY

The Site and/or Service contain intellectual property owned by the Company (“Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site and/or Service, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you are caught violating this intellectual property policy.

 

LIMITATION OF LIABILITY

To the extent permitted by law, WE WILL not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. 

 

THIRD PARTY WEBSITE AND RESOURCES

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Site and/or Service. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site and/or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

 

GOVERNING LAW

The Terms of Service shall be governed by the laws of the State of Georgia.

 

 

DISPUTE RESOLUTION

We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service, by taking the matter to court, arbitration, mediation, or any other legal remedy available to the Parties.

 

If any court action is necessary to enforce this Terms of Service, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.

 

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

 

EFFECT OF HEADINGS

The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

 

ENTIRE AGREEMENT

These Agreements (i.e., this Terms of Service, along with the referenced Privacy Policy, and any other written agreement that governs your use of our Site and/or Service) constitute the entire agreement between you and the Company with respect to the Site and/or Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Site and/or Service.

 

WAIVER

Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.

 

SEVERABILITY

If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

 

ASSIGNMENT

These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

 

OUR PRIVACY POLICY

Please review our Privacy Policy located at https://www.luckybreakconsulting.com/privacy-policy.

 

CHANGED TERMS

We reserve the right to update any portion of our Site and/or Service, including these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Site.  If you have provided us your email address, we will also email you to let you know of material amendments to our Terms of Service. Any use of the Site and/or Service by you after an amendment is made means you accept these amendments. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms of Service.

 

HOW TO CONTACT US

If you have any questions about this Terms of Service, please contact us at:

 

Lucky Break Consulting

11770 Haynes Bridge Road, Suite 205-521

Alpharetta, GA 30009

hello@luckybreakconsulting.com

888-777-9436