Terms and Conditions

Acknowledgment and Acceptance of Terms of Use. 

Welcome to ChrisFlakus.com (the “Site”). The Site and the educational course (the “Course”), newsletters, resource guides, training materials, and other digital products and services (collectively, the “Services”) offered at the Site are provided to you only on the terms and conditions described in these Terms of Use. BY USING THE SITE, SUBSCRIBING TO ANY EMAIL LIST, DOWNLOADING ANY RESOURCE, OR PURCHASING OR ACCESSING ANY SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW AS IF YOU HAD SIGNED A WRITTEN AGREEMENT. IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE THE SITE OR PURCHASE ANY SERVICES. Please review these Terms of Use carefully. You further agree that this Agreement constitutes a legally binding electronic contract under applicable law. If you do not agree to these terms, you should not use the Site, the Course or any of the Services. The Terms of Use for this Site may be revised at any time by the Site without any specific notice to you. The latest and most current version of the Terms of Use will be posted on this Site and available for your review at any time. Therefore, it is your responsibility to review these Terms of Use often. The term “you” or “user” refers to all individuals and entities accessing this Site for any reason; a “Member” is someone who has registered with the Site in order to receive the Course or Services. You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the Site or any Services. By accessing or using the Site or Services, you represent and warrant that you meet this age requirement. Use of the Site and the Course is void where prohibited. By submitting your email address or registering for any free or paid resource, you expressly consent to receive electronic communications from the Site, including newsletters, marketing messages, course updates, and promotional materials. You may unsubscribe at any time via the unsubscribe link included in emails.

 

Lawful Use and Purpose

You shall use the Course and Services for lawful purposes only. You shall not post or transmit through the Site any material that violates or infringes in any way upon the legally recognized rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, that constitutes hate speech intended to insult any race, skin color, religion, sexual orientation, or national origin, or otherwise encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or that contains any computer viruses or computer programs that are intended to damage, detrimentally interfere with, or surreptitiously intercept or expropriate any system data or information. Your use of the Course and Services is made available for your personal non-commercial use only. You may not use the Course and Services to sell a product or service, promote your own business, solicit customers, or engage in commercial activity within any community platform (including Circle), to advertise or perform any commercial solicitation, to become users, members or customers of other services. You may not “meta-search” the Site. You further agree not to record, download (except as expressly permitted), reproduce, distribute, share, stream, or otherwise disseminate any portion of the Course materials, videos, recordings, or content to any third party. Any such action constitutes a material breach and will result in immediate termination of access without refund and may subject you to legal action.

 

Ownership

Unless otherwise expressly noted, all materials, without limitation, all images, illustrations, designs, icons, photographs, software, video clips, and written and other materials that are part of the Site, the Course and Services, are protected by copyright, trademarks, trade secret and patent rights, trade dress and/or other intellectual properties owned by or licensed to the Site. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such copying. You agree that you will not alter or remove any copyright notice or proprietary legend contained in the Web site and you agree that any copy made shall include the Site, The Site, Stay Relevant or any third-party provider’s copyright notice or any other notice included therein. No other permission is granted to you from the previous sentence. Other product and company names mentioned on the Site may be trademarks of their respective owners. You agree not to use any robot, spider or other automatic device, nor may you use any process to monitor materials available through the Site without our express authorization. You agree not to derive or attempt to derive any source code, source files or structure of all or any portion of the Site contents by reverse engineering, disassembly, decompiling or otherwise. Further, you may not use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; nor export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States. The Site grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your personal, non-commercial educational purposes during the term of your membership or access period. All rights not expressly granted herein are reserved by the Site. Unauthorized use of the intellectual property may result in statutory damages under applicable copyright laws. If you believe your copyrighted material has been infringed, you may submit a notice pursuant to the Digital Millennium Copyright Act (DMCA) to the Site’s designated agent.

 

Third-Party Services and Processors

The Site utilizes third-party service providers to operate the Site and deliver the Services, including without limitation Mailchimp (for email newsletters and resources), ThriveCart (for checkout), Stripe (for payment processing), and Circle (for course delivery and learning management). The Site does not collect, store, or have access to your credit card information or other sensitive payment data; all payment processing is handled exclusively and securely by Stripe and ThriveCart. The Site disclaims any and all liability for the acts, omissions, data security, privacy practices, or performance of these third-party providers. You acknowledge that such third parties operate independently and that your interactions with them are governed solely by their respective terms and privacy policies. Your use of such third-party services is governed by their respective terms of service and privacy policies, which you should review independently.

Modification. 

The Site may from time to time change the terms and conditions and/or rules that govern your membership in the Course (including, without limitation, your receipt or use of the Services) and/or use of the Site. You agree that the Site shall not be liable to you or any third party for any modification, suspension or discontinuance of any of the Course, any document, information or other content on the Site. THE SITE MAY FROM TIME TO TIME, WITHOUT PROVIDING ANY NOTICE, CHANGE, MODIFY, SUBSTITUTE, ADD OR DELETE ANY ASPECTS OF ITS BUSINESS AND OPERATIONS, INCLUDING, WITHOUT LIMITATION, ANY SERVICES PROVIDED THEREUNDER, OR FEE STRUCTURE, TERMS AND CONDITIONS, APPLICABLE TO YOUR USE OF THE SITE OR ANY PART THEREUNDER. SUCH CHANGED TERMS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE WEB SITE. ANY USE OF THE COURSE AND/OR THE SITE BY YOU AFTER SUCH NOTICE SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE BY YOU OF THE CHANGED TERMS. Continued use of the Site or Services after changes are posted constitutes acceptance of the revised Terms.

 

Termination.

We may terminate or suspend your access to all or part of the Site and/or your use of the Course or Services, without notice and for any reason, including, but not limited to, for violation of the Terms of Use or engaging in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to our interests or to the ethics of The Site, another customer of the Site or any third party. Upon termination, your right to access the Course and Services immediately ceases. No refunds shall be provided upon termination due to violation of these Terms.

Nontransferable.

Your right to use the Site and use of the Course or Services is not transferable. Any password or right given to you to obtain information or documents through the use of the Course or Services is not transferable. You may not disclose to or share your password with any third party or use your password for any unauthorized purposes. Account sharing is strictly prohibited. The Site reserves the right to suspend accounts suspected of sharing login credentials.

Unsolicited Submissions. 

We do not knowingly accept or consider creative ideas, suggestions or materials that we do not specifically request from you. We ask that you do not submit or send any such materials directly to us. If you nevertheless send creative suggestions, ideas, notes, drawings, concepts, materials or other information (collectively, the “Material”) to us, such Material shall become our property, and we shall have the right to display, copy, use, sublicense, transmit, publicly perform and/or publish such Material for any purpose we desire, whether now or hereafter invented . In addition, you waive all “moral rights” in the Materials and agree that none of the Material shall be subject to any compensation, obligation of confidentiality on the part of the Site.

Links and Advertisers

The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk. THE EXISTENCE OF A LINK TO A THIRD PARTY’S SITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY THE SITE BEYOND WHAT MIGHT BE SPECIFICALLY PROVIDED FOR. THE SITE MAY CONTAIN ADVERTISING AND SPONSORSHIPS. ADVERTISERS AND SPONSORS ARE RESPONSIBLE FOR ENSURING THAT MATERIAL SUBMITTED FOR INCLUSION ON THE SITE IS ACCURATE AND COMPLIES WITH APPLICABLE LAWS. WE ARE NOT RESPONSIBLE FOR THE ILLEGALITY OR ANY ERROR, INACCURACY OR PROBLEM IN THE ADVERTISER’S OR SPONSOR’S MATERIALS. THE SITE DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGES ARISING FROM THE CONTENT OR PROVISION OF SERVICES OF ANY THIRD-PARTY SERVICE OR RESOURCE. THIRD PARTY CONTENT MAY APPEAR ON THE SITE OR MAY BE ACCESSIBLE VIA LINKS FROM THE SITE. WE ARE NOT RESPONSIBLE FOR AND ASSUME NO LIABILITY FOR ANY MISTAKES, MISSTATEMENTS OF LAW, DEFAMATION, OMISSIONS, FALSEHOOD, OBSCENITY, PORNOGRAPHY OR PROFANITY IN THE STATEMENTS, OPINIONS, REPRESENTATIONS OR ANY OTHER FORM OF CONTENT ON THE SITE. YOU UNDERSTAND THAT THE INFORMATION AND OPINIONS IN THE THIRD-PARTY CONTENT REPRESENT SOLELY THE THOUGHTS OF THE AUTHOR AND IS NEITHER ENDORSED BY NOR DOES IT NECESSARILY REFLECT OUR BELIEF. The Site does not guarantee the security, availability, or functionality of third-party platforms integrated with the Site.

 

Disclaimer and Limitation of Liability

ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE SITE DOES NOT WARRANT THE ACCURACY OF INFORMATION CONTAINED ON ITS CONSTITUENT WEB SITES OR THOSE OF THIRD PARTIES. ALL SERVICES PROVIDED BY THE SITE THROUGH THE COURSE AND ON THE SITE ARE PROVIDED “AS IS” TO THE MAXIMUM EXTENT POSSIBLE BY LAW. THE SITE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY THAT THE SERVICES SUPPLIED ARE OF A REASONABLY ACCEPTABLE QUALITY. THE SITE DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THE WEB SITE WILL BE UNINTERRUPTED OR ERROR- OR VIRUS-FREE. THE SITE DOES NOT WARRANT OR REPRESENT THE USE OF THE CONTENTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE SITE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL, RELIANCE, OR SPECIAL DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR REVENUES. THE SITE SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION FACILITIES OR ANY SIMILAR EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS, OR DESTRUCTION OF YOUR NETWORK, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUD, OR ANY OTHER METHOD. THE SITE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU MAY SUFFER ARISING OUT OF YOUR USE OF, OR INABILITYTO USE, THE SERVICES OR FACILITIES PROVIDED BY CHRISFLAKUS.COM OR THE MEMBERSHIP COURSE, OR IN CONNECTION WITH THE SALE OF PRODUCTS OR SERVICES OF OTHER MEMBERS OR USERS VIA THE WEB SITE, INCLUDING WITHOUT LIMITATION THE BREACH OF ANY OBLIGATION IMPOSED ON CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE SITE WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF SUCH CHARGE, THE SITE LIMITATIONS OF LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, ANY FEES PAID TO THE SITE FOR THE COURSE IN THE PREVIOUS THREE (3) MONTHS. YOU ACKNOWLEDGE BY YOUR MEMBERSHIP IN THE COURSE AND YOUR USE OF SERVICES PROVIDED THEREUNDER THAT SUCH MEMBERSHIP AND USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT THE SITE SHALL NOT IN ANY FORM WHATSOEVER BE LIABLE FOR DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, OR TORT, AND SHALL SURVIVE FAILURE OF ANY EXCLUSIVE REMEDY. Some jurisdictions do not allow limitations of certain damages; in such jurisdiction’s liability shall be limited to the maximum extent permitted by law. The Course and Services are for informational and educational purposes only. The Site makes no guarantees or warranties regarding employment outcomes, career advancement, income, or any other specific results. You are 100% responsible for your own progress and results. 

 

No Earnings Disclaimer: The Site makes no guarantees regarding employment, income, promotions, job placement, or business success.

 

Indemnification

You agree to defend, indemnify and hold the Site, The Site, the Course, and Services, its subsidiaries, affiliates, successors and assigns, and their respective shareholders, directors, officers, employees and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or relating to your improper use or receipt of the Course OR Services, the Services, or otherwise in connection with the Site, the Course or Services, or any violation by you of this Agreement including, without limitation, any errors, inaccuracies, misrepresentations or defects in any materials or information submitted by you. This obligation survives termination of this Agreement.

 

NO WARRANTY ON PURCHASES. THE ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS IS”. NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

 

You understand and agree that you are 100% entirely responsible for your progress and results experienced from the Course.

 

The Site has not and does not make any warranties, guarantees, or representations, verbally or in writing, regarding your performance, results, income, revenue, or success. You understand that due to the nature of the Course, the results experienced by each client in the Course may vary. The Site does not make any guarantees other than that the Services offered in the Course shall be provided to you in accordance with these Terms of Service.

 

You agree not to initiate any chargeback without first contacting the Site to attempt resolution. Fraudulent or improper chargebacks constitute a breach of this Agreement.

 

User Information. 

When you register for the Site or the Course, you will be asked to provide the Site with certain information including, without limitation, a valid email address (your “Information”). You represent and warrant that all Information provided by you is true and accurate. In addition to the terms and conditions that may be set forth in any privacy policy on this Site, you understand and agree that the Site may disclose to third parties, on an anonymous aggregated basis, certain demographic or other non-personally identifiable information contained in your registration application. We reserve the right, and you authorize us by using our Site, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of the Terms of Use.

 

Payment.

You authorize us to charge you for use of the Services, at the posted prices, (such prices subject to change at any time by the Site without any specific notice to you, beyond posting notification on the website), at such times as you specify upon enrollment and continuing until you cancel your membership. All payments shall be made in United States dollars. Payments are processed exclusively through third-party providers (ThriveCart and Stripe). The Site does not store or have access to your credit card or payment information. You represent and warrant that: (i) any credit card or other payment information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you are responsible to pay the charges incurred by you at the posted prices, including any applicable taxes. You agree to pay any applicable taxes. In the event of failed payment, access may be suspended until payment is successfully processed.

 

Refunds. 

All sales are final. Due to the digital nature of the Course and immediate access to proprietary materials, no refunds will be issued unless expressly stated in writing on the applicable sales page at the time of purchase. If purchasing items through the Site, refund policies, if any, shall be posted on the purchase page(s). If no provision for refunds is explicitly stated, then there shall be no refunds for the product or service after purchase.

 

Privacy.  

Please read the Privacy Policy carefully to understand how SITE collects, uses and discloses personally identifiable information from its users. The Privacy Policy is hereby incorporated by reference as part of these Terms of Service.

 

Complete Agreement

This Agreement and any rules, policies, or guidelines posted on the Site, including the Privacy Policy, constitute the entire agreement between the Site and you, with respect to the subject matter herein. In the event of any conflict between this Agreement and any information posted on the Site, this Agreement shall govern.

 

Severability

If any provision of this Agreement shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provision hereof, which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of this Agreement.

 

Arbitration

Any claim, dispute, or controversy whether in contract, tort, pursuant to statue or regulation or otherwise, whether pre-existing, present or future, arising out of or relating to this Agreement will be referred to and determined by arbitration to the exclusion of the courts. This arbitration agreement is governed by the Federal Arbitration Act. Arbitration shall be conducted in the State of Florida before a single arbitrator under the rules of the American Arbitration Association. You agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class action proceeding against us. Should you believe that you have a claim, you must give written notice to the Course of your intention to arbitrate, and similarly, the Course will do the same with you. The arbitration shall be pursuant to the laws and rules relating to commercial arbitration in the State of Florida.

 

Jurisdiction and Governing Law

This Agreement is governed by and shall be construed in accordance with the laws of the State of Florida, without regard to the choice of law provisions, and you hereby submit to the exclusive jurisdiction of the courts of the State of Florida. Thus, you agree and acknowledge that your use of any and all Services, the Course and the Site shall be deemed to have occurred and taken place solely in the State of Florida. For any matters not subject to arbitration, you agree that venue shall lie exclusively in the state or federal courts located in Florida, and you consent to personal jurisdiction therein.

 

Force Majeure 

The Site shall not be liable for failure or delay in performance due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, internet outages, governmental actions, pandemics, labor disputes, or failures of third-party service providers.

 

Independent Relationship 

Nothing in this Agreement shall be construed to create any partnership, joint venture, employment, or agency relationship between you and the Site.