Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY.

By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.

These Terms of Use (“Terms”) are an agreement between you (“you” or “Client”) and Pivotal LLC dba Build Wealth (including without limitation its principals, coaches, affiliates, members, managers, contractors, agents and employee) (collectively, “Company”, “we”, “us” or “our”) that allows you to use our training, software, subscriptions, applications (“apps”), websites and other products and services, as long as you follow the Terms.  By accessing or using the Programs (defined below), you signify your agreement to (1) all terms and conditions in these Terms, (2) our privacy policy located on our website (“Privacy Policy”), and (3) any other standard policies or community guidelines, if any, posted in our Programs, which are all expressly incorporated herein and must also be observed and followed (clauses (1) through (3) collectively, the “Agreement”).

1. PROGRAM/SERVICE

Company agrees to provide access to services provided by Build Wealth (including, without limitation, trainings, coaching and personal mentoring, as applicable) (collectively, “Program”) as subscribed to our purchased by you. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.

2. DISCLAIMER

Company is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Company has not promised, shall not be obligated to and will not: (1) procure or attempt to procure business opportunities, employment or sales for Client; (2) perform any business acquisition or management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; or (6) introduce Client to Company’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of the Program. If the parties continue their relationship, a separate agreement will be entered into.

3. FEES

The fee for the Program will be as agreed to by the parties or as purchased by you.

4. REFUND POLICY

We want you to be satisfied with your purchase, but we also want you to give your best effort to apply some of the game-changing strategies and insights you’ll learn in the Program. We offer a 30-day refund period for purchases.

In the event that you decide your purchase was not the right decision, within 30 days of enrollment, contact our support team at [email protected] and let us know you’d like a refund by the 30th day at 11:59 EST.

Notes about our refund policy:

• Within the first 30 days from original date of purchase, you can request a refund.
• No refunds will be given after 30 days from the original date of purchase. After day 30, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you use the information or not.
• If you purchase a Program with lifetime access, Company reserves the right to discontinue such Program at its sole discretion. If Client has been enrolled in a lifetime access Program for more than six (6) months, then Company has fulfilled its obligations with respect to lifetime access.
• All refunds are discretionary as determined by Company. If you download all the materials, take advantage of the special deals/discounts, and then ask for a refund, we reserve the right to deny your request. Why? Our generous refund policy was built to give people the opportunity to see if the Program is a good fit for their business. Stealing the material is not covered under this policy.

If you have any questions or problems, please let us know by contacting our support team directly. Support can be reached at the email address indicated above.

5. RESCHEDULING POLICY

If you reserve an in-person session with one of our team members, fees are 100% non-refundable, but session fees can be applied to an appointment at a later date if you need to reschedule. Each Client receives one free rescheduling if the session is rescheduled prior to the 48 hour window before the meeting. To reschedule, you must do so prior to 48 hours before your session begins or your payment and one-time complimentary rescheduling will be forfeited.  To reschedule your session, simply send an email to [email protected] If the session is cancelled within the 48 hours before the scheduled start of your meeting, no refunds are available.

6. CONFIDENTIALITY, CASE STUDIES AND CONFLICTS

The Company respects Client’s privacy and insists that Client respects the Company’s and Program participants (collectively, “Participants”). You will keep and protect any of each of our and Participants’ Confidential Information as confidential, using at least the same efforts you use to protect your own confidential information and in no event less than reasonable and industry standard efforts.  “Confidential Information” includes, with respect to each of the Company and Participants, the Programs, company names, business information, competitive information, documentation and information about the Programs, the Participants and their respective operations, and any other information you obtain from or about us or Participants, or from or about the Programs, or any other information which a reasonable person would or should understand to be confidential or proprietary in nature.  You agree to return or destroy Confidential Information when this Agreement is over. You acknowledge and agree we and other Participants shall be entitled to seek equitable relief in any court of competent jurisdiction without the necessity of posting bond and in addition to such other remedies as may be available under law or in equity.  Your confidentiality obligations shall survive termination or expiration of this Agreement.

We will use reasonable efforts to protect the confidentiality of certain personally identifiable information you submit to us (e.g., your address and credit card information submitted by you initially for the purpose subscribing to the Programs) (“Personally Identifiable Information”), in accordance with the Privacy Policy posted on our website.

Certain material you may post on our Programs is or may be available to the public, including without limitation any public profile data, feedback, questions, comments, suggestions, uploads, blog entries, ratings, reviews, images, videos, poll answers, etc., in any form or media, that you post via the Services or otherwise (collectively, “Public Postings”).  These Public Postings will be treated as non-confidential and nonproprietary.  You are responsible for any Public Postings and the consequences of sharing or publishing such content with others or the general public. This includes, for example, any personal information, such as your address, the address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF PUBLICLY SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON THE SERVICES. Company also undertakes commercially reasonable efforts to protect the confidentiality of any Confidential Information you provide, in accordance with the Privacy Policy, however, Company does not guaranty the confidentiality of such information against unauthorized third party access or system failure.

Other content or communications you transmit to us, including without limitation any feedback, data, questions, comments, suggestions, in any form or media, that you submit to us via e-mail, the Programs or otherwise (to the extent excluding any Personally Identifiable Information, collectively, “Submissions”), will be treated as non-confidential and nonproprietary.

By providing any Public Posting or Submission, you (i) grant to Company a royalty-free, non-exclusive, perpetual, irrevocable, sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works (including products) from, distribute, and display such content throughout the world in all media and you license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Programs pursuant to this Agreement; (ii) agree that we shall be free to use any ideas, concepts or techniques embodied therein for any purpose whatsoever, including, but not limited to, developing and marketing products or services incorporating such ideas, concepts, or techniques, without attribution, without any liability or obligation to you; (iii) grant to Company the right to use the name that you submit in connection with such content. In addition, you hereby waive all moral rights you may have in any Public Posting or Submissions.

You shall be solely responsible for your own content and any Pubic Postings and Submissions. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you post or submit.  You further agree that content you submit via Public Postings or Submissions will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein.  You further agree that you will not submit to the Programs any content or other material that is contrary to any posted “community guidelines” or similarly titled document, if any, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

We do not endorse any content submitted to the Programs by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Programs, and we will remove all content if properly notified that such content infringes on another’s intellectual property rights as set forth herein below. We reserve the right to remove content without prior notice.  We reserve the right to decide whether your content violates this Agreement for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. We may at any time, without prior notice and in our sole discretion, remove such content and/or terminate a user’s account or otherwise block access for submitting such material in violation of this Agreement.

We are not responsible for end user error or errors in inputs or for errors in any user supplied data.  We do not independently verify the truthfulness or accuracy of any data or content input into the Programs and are not responsible for the fraud, misrepresentation, negligence or misconduct of any end user or other third party.

We produce, market and disseminate a range of case studies, courses, programs, communications and resources in connection with the Programs or with our operations. We like to share the experiences of real people who are using our Programs and/or services as it helps to demonstrate the difference our work is making. By agreeing to the terms in this Agreement, you give us permission to use your name, story, business, results and any other information we deem relevant in any or all case studies, courses, programs, communications and resources.

Additionally, it is your responsibility to notify us in writing of any potential conflicts of interests. If we become aware of any conflicts of interests, we make take measures to disqualify the Company and/or other Participates to assist in preventing the conflict of interests, or we may take any other measures we deem reasonably necessary to protect the Company, the Participants and/or the integrity of our offerings.

7. NO TRANSFER OF INTELLECTUAL PROPERTY

Company’s Programs are copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s other business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing any Programs, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this Section, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

8. CLIENT RESPONSIBILITY; NON-SOLICITATION

Program is developed for strictly educational purposes only. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the Programs and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any program materials.

Client will not specifically solicit for hire or other business dealings (without the written consent of Walk Deibel) Company’s employees, agents, consultants advisors, independent contractors, partners, coaches, directors or anyone otherwise having an interest in employment or a business relationship; provided that nothing herein shall restrict or preclude the Client from doing, or hiring on the basis of, any of the following: (A) making generalized searches for employees by use of advertisements in the media (including trade media) or an independent employment agency (so long as it is not directed to solicit such persons), or (B) continuing ordinary course hiring practices that are not targeted specifically at anyone working at the Programs.

In the event of a dispute between Client and Company, Client agrees not to engage in any conduct or communications, public or private, designed to disparage the Programs or any associated individuals or entities. Where requested by law or arbitration, Client is not prohibited from sharing their thoughts and opinions as a part of the legal process. By agrees to the terms of this Agreement, both parties are acknowledging that they have read, understand, agree to and accept all of the terms of this Agreement.

9. SEVERABILITY/WAIVER

If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

10. LIMITATION OF LIABILITY

Client agrees they used Company’s services and Programs at their own risk and that Programs are only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, coaches, executors, administrators, successors, assigns, instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including, but not limited to, direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. If we breach this Agreement, you agree that your exclusive remedy is to recover, from us or any affiliates, resellers, distributors, and vendors, direct damages up to an amount equal to your Program fee (or up to $10.00 if the Program is free). YOU CAN’T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. These limitations and exclusions apply if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to this Agreement such as, without limitation, loss of content; any virus affecting your use of the Program; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, misrepresentation, or omission; trespass, or other tort; violation of statute or regulation; or unjust enrichment. Some or all of these limitations or exclusions may not apply to you if your state, province, or country doesn’t allow the exclusion or limitation of incidental, consequential, or other damages.

11. ASSIGNMENT

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

12. MODIFICATION

Company may modify terms of this Agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.

13. TERMINATION; NON-DISPARAGEMENT

Company is committed to providing all clients in the Program with a positive Program experience. By purchasing a Program, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other Participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.

14. INDEMNIFICATION

Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, coaches, principals, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s) or Programs, excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or gross negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of your payment for the right to participate in Company’s Programs, you and your heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from your participation in the Programs.

15. RESULTS AND EARNINGS DISCLAIMER

The users of this website and the Programs should use the content and the materials as a general guideline and not as the ultimate source of current information and, when appropriate, users should consult their own legal, accounting or other advisors.  Any case studies, testimonials, examples, and illustrations cannot guarantee that the user will achieve similar results. In fact, your results may vary significantly and factors such as your market, personal effort and many other circumstances may and will cause results to vary.

Every effort has been made to accurately represent the Programs and their potential. There is no guarantee that you will earn any money or be successful using the techniques and ideas in the Programs. 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 the Programs, products, ideas and techniques. 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 the Program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.

Materials in our Programs and 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 material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.

16. DUTY TO READ

You accept that under this Agreement, you have a duty to read this Agreement and the specific terms hereunder and have done so. Furthermore, you understand and agree that you are precluded from using lack of reading as a defense against all remedies contained herein.

17. CLASS ACTION WAIVER AND ARBITRATION

THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH US. Except to the extent contrary to applicable law (“Excluded Disputes”), you hereby agree that all disputes between you and Company (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to this Agreement, your use of the Programs or website, and/or rights of privacy and/or publicity, may, in our discretion, be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. You agree that you shall not participate in any class action or class-wide arbitration for any claims covered by this Agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the US Federal Arbitration Act, to the extent permissible. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Agreement.  You may opt out of this Agreement to arbitrate by emailing us at the provided email indicated your desire to do so. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision.

You must include your name and residence address, the email address you use for your account with us, and a clear statement that you want to opt out of this arbitration agreement.  If and to the extent the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then such preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

You shall comply with all laws, rules and regulations now or hereafter promulgated by any government authority or agency that are applicable to your use of the Programs, or the transactions contemplated in this Agreement. You may not assign your rights or obligations hereunder, and any attempt by you to sublicense, assign or transfer any of the rights, duties or obligations hereunder or to exceed the scope of this Agreement is void.  In the event that Company is sold to a third party, such a sale will not be deemed a transfer of personal information so long as that third party agrees to assume Company’s obligations as to this Agreement and any associated Privacy Policy.  This Agreement, the Programs, and the rights and obligations of the parties with respect to the Programs will be subject to and construed in accordance with the laws of the State of Missouri (the “Governing State”), excluding conflict of law principles. By accessing or using any Programs you agree that the statutes and laws of the Governing State, without regard to conflicts of law principles thereof, will apply to all matters arising from or relating to the use thereof. You also agree and hereby submit to the exclusive legal jurisdiction and venues of the Courts of the Governing State with respect to such matters. This is the entire agreement between you and Company with regard to the matters described herein and govern your use of the Programs, superseding any prior agreements between you and Company with respect thereto. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions hereof shall remain in full force and effect.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of this Agreement or related to use of the Programs must be filed within three (3) months after such claim or cause of action arose or be forever barred.