Thank you for visiting our website(s) (the "Site"), which are owned and provided by Scott Fichter ("SF," "we," or "us"). Your use and access of the Site(s) and the services offered through the Site(s) is governed by and subject to the following terms and conditions (the "Terms"). If you do not agree to these Terms, or do not agree with our Privacy Policy found at businessmadesimple.com/privacy-policy, which is incorporated herein by reference, please do not use the Site or any services offered through the Site.
BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS SITE AND THE SERVICES AND CONTENT AVAILABLE THEREIN, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD OR OLDER AND POSSESS THE LEGAL RIGHT AND ABILITY TO AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN EIGHTEEN (18) YEARS OLD, DO NOT USE THIS SITE.
Services Provided
“Scott Fichter” provides content and live workshops to help participants make enough revenue from their video marketing so they can transition their life from a 9-5 job into a new entrepreneurial life. Services include:
Registration is required for access to some parts of the scottfichter.com website. As part of our registration process, you must provide certain information. We need this information to verify your identity and make full use of the Services we provide through the Site. Additionally, you must be required to provide a credit, debit, or charge card number, or other payment information, as well as your name, telephone number(s), email, and/or street address, and other personally identifiable information ("Personal Information"), which will be maintained and used by us as permitted by these Terms and the Privacy Policy.
Registration and Security
You agree, represent, warrant, and guarantee that all Personal Information provided by you is true, accurate, complete, up-to-date, and solely yours. When registering, you may not impersonate, imitate, or pretend to be somebody else. When you log in, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your account or Subscription, as that term is defined below, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account or Subscription (for example, your password has been lost or stolen, someone has attempted to use the Services through your account or Subscription without your consent or your account or Subscription has been accessed without your permission). We strongly recommend that you do not use the Services or access Content (defined below) on public computers. We also recommend that you not store your password through your web browser or other software.
You are solely responsible for all access or visitation to, usage of, or activity on, your account/profile including, but not limited to, use of the account or Subscription by any person who uses your Personal Information, with or without authorization, or who has access to any computer, mobile, or other devices on which your account or Subscription resides or is accessible. You acknowledge and agree that we may, expressly authorize us to, process all transactions, including without limitation purchases and/or registration for products and/or Services, including, without limitation, Content provided by us.
You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Site(s) and/or through your account or Subscription (such fees, charges, taxes, and surcharges shall collectively be referred to as “Fees”). Unless otherwise specified, all Fees will be quoted and charged in U.S. dollars. You must notify us about any billing problems or discrepancies within thirty (30) days after they first appear on your statement; otherwise, you waive any right to challenge or dispute such a problem or discrepancy.
Information Provided by You and Privacy
By creating an account and/or subscribing to our online learning platform, you expressly consent to the use of (a) electronic means to complete these Terms and to provide you with any notices given pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Services. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Limitations on Use
The Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Services and Content. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services:
upload, post, email, or otherwise transmit or submit any content to which you do not have the lawful right to copy, transmit and display (including any content that would violate any confidentiality or fiduciary obligations that you might have concerning the content);
upload, post, email or otherwise transmit or submit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property rights, or moral right or right of publicity);
upload, post, email or otherwise transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful or otherwise objectionable content or material; use the Services or the Site to collect or store personal data about other users without their express permission; knowingly include or use any false or inaccurate information in any profile;
upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site, or interfere with the access of any other user to the Site;
circumvent, disable, or otherwise interfere with security-related features on the Site or features that prevent or restrict use or copying of any Content;
attempt to probe, scan, or test the vulnerability of any “Living by Design” system or network or breach or impair or circumvent any security or authentication measures protecting the Services, Content, and the Site;
attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services and/or Content;
use the Services, Site, or Content in any way that competes with us; or
encourage or instruct any other person or entity to do any of the foregoing.
CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICE OR SITE(S), MAYBE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
Termination, Modification, and Survival
Scott is continually evolving and innovating the Services, Products, and Content within his website. SF, may change the Services, the Site, the Content (defined below) he offers, and the products or services you may access. He may discontinue offering the Services or the Site, and we may suspend or terminate your right to use the Services or the Site at any time. This breach in Terms may occur, for any reason, and is up to Scott's sole discretion and without prior notice to you. After such termination, Scott will have no further obligation to you or to provide the Services, except to the extent that an agreement has been established with you in writing.
Upon termination of your right to use the Services or the Site or our termination of the Services or the Site, all licenses and other rights granted to you by these Terms will immediately terminate.
You may terminate your account at any time and for any reason by clicking the "My Subscription" tab on the scottfichter.com website. Any cancellation request will be handled within 30 days after receiving your request. No suspension, termination, or cancellation will affect your obligations to us under these Terms, which by their nature are intended to survive such suspension, termination, or cancellation. For information regarding Subscription cancellation, see below.
Subscription and Payment
When you subscribe to one of our courses within the scottfichter.com online platform, you will have the ability to view that particular content you have paid for within the site and use all features contained therein for that specific course or content (“Subscription”). One Subscription provides access to one user only.
You may cancel your Subscription at any time by sending us a message through the Contact Us Page or the “My Subscription” tab in your scottfichter.com account. If your Subscription is canceled for any reason, you will not be entitled to a refund of any amounts paid for the Subscription. If you cancel your account, you will be able to access the courses in scottfichter.com until your account renewal date. After your renewal date, you will lose access.
Scott also reserves the right to suspend or cancel your Subscription if, you or any team members on your Subscription are using the Subscription in any way contrary to, or inconsistent with, the obligations of these Terms and/or any laws and regulations. If your Subscription is canceled for any reason, you will not be entitled to a refund of any amounts paid for the Subscription. No suspension or cancellation will affect your obligations to us under these Terms, which by their nature are intended to survive such suspension or cancellation.
Intellectual Property
The Services, the Site, and all information and/or content that you see, hear, or otherwise experience on the Site (collectively, “Content”) are protected by U.S. and international copyright, trademark, and other laws. You will not acquire any intellectual property rights in the Services, the Site, or our Content by your use of the Services or the Site. When you use our Services or the Site, you may access intellectual property rights that we, our licensors, or third parties own or license. Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by us solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services or Content, except as expressly permitted in these Terms, without our express prior written consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms.
For example, by participating in a live seminar at the scottfichter.com website, you have the opportunity to apply what you learn from the scottfichter.com content. However, you may not reproduce, prepare derivative works, distribute copies, perform, display, record, scan, post, or distribute the materials associated with the scottfichter.com Portfolio or other Content.
Third Party Links and Resources
We may make available, on the Site and as part of the Services, links to third-party websites or resources from third parties. We are not responsible or liable for the availability or accuracy of such websites or resources or the content, products, or services on or available from such websites or resources. When we make available such third-party links or resources on the Site or through the Services, you must look solely to the third party with respect to the content, products, or services they provide. Unless otherwise stated, we do not endorse and are not responsible for any of the content, products, or services provided by others.
YOUR USE OF THE WEBSITES OR RESOURCES OF THIRD PARTIES IS AT YOUR OWN RISK. WE ARE NOT LIABLE FOR ANY OF YOUR LOSSES ARISING OUT OF OR RELATING TO THE WEBSITES OR RESOURCES OF THIRD PARTIES.
Disclaimer of Representations and Warranties
Your use of the Services and Content is at your sole discretion and risk. The Services and Content, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.
WE AND OUR LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
IN ADDITION, WE AND OUR LICENSORS AND AFFILIATES DISCLAIM ANY WARRANTIES REGARDING SECURITY, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, AND PERFORMANCE OF THE SERVICES OR THAT THE SERVICES WILL BE FREE OF ERRORS OR INTERRUPTIONS OR THAT ANY ERRORS OR INTERRUPTIONS WILL BE CORRECTED.
WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, THE ACCURACY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED THROUGH THE SERVICES OR THEIR APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES. OUR SERVICES AND CONTENT ARE DEVELOPED FOR USE IN THE UNITED STATES, AND WE AND OUR LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE SERVICES OR CONTENT WHEN THEY ARE USED IN ANY OTHER COUNTRY.
SOME JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH AN EVENT, THE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
Indemnification
You will indemnify, defend, and hold harmless: us, our licensors and affiliates, and our respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:
(a) your access to or use of the Services, the Site, or the Content;
(b) your violation of any of the provisions of these Terms;
(c) any activity related to your account or your Subscription by you or any other person accessing the Site or Services through your account or Subscription, including, without limitation, negligent or wrongful conduct; or
(d) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Limitation of Liability
IN NO EVENT WILL WE OR ANY APPLICABLE LICENSORS OR AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE SITE, OR THE CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE SITE, THE CONTENT, OR THESE TERMS, YOUR SOLE, AND EXCLUSIVE REMEDIES ARE DISCONTINUATION OF YOUR USE OF THE SERVICES AND/OR CONTENT AND, UNLESS OTHERWISE PROHIBITED OR DISCLAIMED UNDER THESE TERMS, A REFUND OF THE AMOUNT PAID TO “Living by Design” FOR SERVICES AND/OR CONTENT.
EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, THE SITE, OR THE CONTENT OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED.
SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS, SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH AN EVENT, THE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
Waiver of Jury Trial and Class Action
THE PARTIES HERETO HEREBY WAIVE TRIAL BY JURY IN ANY LITIGATION, SUIT, OR PROCEEDING, IN ANY COURT WITH RESPECT TO, IN CONJUNCTION WITH, OR ARISING OUT OF THESE TERMS OR THE PRIVACY POLICY OR THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION, OR ENFORCEMENT THEREOF, AND/OR PERFORMANCE OF ANY OF THE OBLIGATIONS OR SERVICES HEREUNDER OR THEREUNDER. THE PARTIES FURTHER AGREE THAT ANY LITIGATION, SUIT, OR PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Errors and Inaccuracies
The information on the Site, including, without limitation, information regarding pricing, may contain typographical errors or other errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. We do not, however, guarantee that any such errors, inaccuracies, or omissions will be corrected.
Entire Agreement
These Terms constitute the entire agreement between you and Scott relating to our Services, the Site, and the Content, replacing any prior or contemporaneous agreements, whether written or oral, unless you have signed a separate written agreement with us relating to our Services the Site, or the Content. If there is any conflict between these Terms and a separate signed written agreement between you and us relating to our Services, the Site, or the Content, the signed written agreement will control.
Accessibility and Website Disclaimer
Scott is committed to making our website accessible to all users, including those with disabilities. His goal is to provide an accessible website that conforms to Section 508 Guidelines and the World Wide Web Consortium’s Accessibility Guidelines (WCAG) 2.0 Level AA. Some existing content may not be in compliance, and some content may meet only the minimum required compliance standards. This will be resolved as departments, and others update their existing websites and continue efforts to monitor and maintain acceptable compliance levels. While every effort will be made, it is understood that creating accessible formats for some documentation and graphical renderings maintained by us may be technologically unfeasible, impractical, or create an undue hardship to our operations.
We continue to make every effort to test the website and to remove barriers that prevent persons with disabilities from interacting with or accessing information made available on our website. If we become aware of content that does not conform to the WCAG 2.0 Level AA standards, we will make reasonable good faith efforts to conform to the standards. We cannot control or correct problems with these third-party sites, but please let us know if you encounter difficulty with the sites we link to so we can pass the information along to the owners of those websites. You may also want to address your concerns directly to these third parties.
While this policy does provide the standard for individuals with disabilities to access Web-based information, this policy cannot anticipate every accessibility need due to known limitations of existing technology. There may be other circumstances independent of technology that may limit the accessibility of our websites.
Adobe Acrobat is required to view and print PDF documents that appear on this website. Download the latest free version of Adobe Reader to improve the viewing of these files. We are currently working on our processes to ensure all PDFs are accessible.
While we strive to adhere to the accepted guidelines and standards for accessibility and usability, it is not always possible to do so in all areas of the website, particularly as it relates to content by third parties. We are not responsible for ensuring that third-party content, software/tools, widgets, Add-ins, APIs, etc., which are not owned by us but are otherwise located on or linked to our websites, conform to WCAG 2.0 Level AA, and shall not be liable if they are inaccessible to individuals with disabilities.
Accessibility Assistance
Scott welcomes your feedback on the accessibility of our website. If you encounter any accessibility barriers, please let him know.
Under some state laws, email addresses are a public record. Please do not send electronic mail if you do not wish to have your Email address released in response to a public records request. Instead, please contact us by phone or in writing.
To enable a response in a manner that will be of most help to you, please indicate:
1) The nature of the accessibility needs.
2) Your preferred format (electronic format, large print, etc.).
3) The web address of the requested material.
4) Your complete contact information, so we can reach you if additional information is required.
We will make reasonable accommodations for people with disabilities in accordance with the Americans with Disabilities Act.
Third Party Beneficiaries
Our licensors may be entitled to enforce these Terms as third-party beneficiaries. There are no other third-party beneficiaries to these Terms.
Third Party Beneficiaries
Our licensors may be entitled to enforce these Terms as third-party beneficiaries. There are no other third-party beneficiaries to these Terms.
Waiver
The failure by Scott to enforce any provision of these Terms will not constitute a waiver. If any court of law, having the jurisdiction to decide the matter, rules that any provision of these Terms is invalid or unenforceable, then the invalid or unenforceable provision shall be removed from these Terms or reformed by the court and given effect so as to best accomplish the essential purpose of the invalid or unenforceable provision, and all of the other provisions of these Terms shall continue to be valid and enforceable. Nothing contained in these Terms shall limit the ability of a party to seek an injunction or other equitable relief without posting any bond.
Governing Law, Jurisdiction and Venue
THESE TERMS AND OUR RELATIONSHIP WITH YOU SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, EXCLUDING ITS CHOICE OF LAWS RULES. YOU IRREVOCABLY AGREE THAT THE EXCLUSIVE VENUE FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, SHALL BE THE FEDERAL AND STATE COURTS LOCATED IN CHESTER COUNTY, WEST CHESTER, PA. YOU IRREVOCABLY CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS AND WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION BY THESE COURTS AND TO THIS VENUE. NOTWITHSTANDING THE FOREGOING, HOWEVER, YOU AGREE THAT WE MAY COMMENCE AND MAINTAIN AN ACTION OR PROCEEDING SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.
Miscellaneous
These Terms are expressly made subject to any laws, regulations, orders, or other restrictions on the export of data from the United States of America. You shall comply with such laws, regulations, orders, or other restrictions, including but not limited to the Export Administration Regulations promulgated under the Export Administration Act of 1979 and the International Traffic in Arms Regulations administered by the US Department of State. You agree that these Terms will not be construed against “Living by Design” by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
Modification of Terms
Scott reserves the right to change these Terms at any time. Any changes that we make will become a part of our agreement with you when they are posted to the Site. Your continued use of our Services or the Site will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the end of this document.
Contact
If you have any questions concerning these Terms, visit our Contact Page and leave Scott a message. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.