Terms and Conditions

Profit Planner LLC TERMS + CONDITIONS

Last Revised May 21, 2019

Thank you for visiting a Profit Planner LLC website, including but not limited to, scalabilityfactor.com, profitplanner.co and marketbeautifully.com, (collectively, the  “Website").

By accessing the Website, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Website. The materials contained in this Website are protected by applicable copyright and trademark law.

Use

You are granted a fully revokable license to use the materials (information or software) on Profit Planner LLC's (the “Owner”) website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the Website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Owner at any time. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

By accessing this Website, you agree that you will not use what you have access to here to create a competing website, product, or service; and, that you will not create any work that compiles or derives from what you have access to here; and, that you will not use this Website or services in any manner that violates this agreement or any local, state, federal, or international laws.

Membership Site Terms and Conduct

Upon joining, you will be given access to a members' only area of the Website via secure link and login using an email and password. You agree to not share your login credentials or the secure link with anyone for any reason. You will not share your username and password with any person who did not pay for access to this program. You also agree that you will not sell access to this program and will not sell any of its content without written permission.

Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.

You understand and agree to not place an unreasonable burden on the server hosting this Website or membership site, to not interfere with the running of this Website and to not attempt unauthorized access to any portion of this Website.

You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.

Refund and Return Policy

Due to the digital nature of our products and services, Owner WILL NOT offer any refund or returns for any products or services sold on the Website for any reason. If you have any questions about our Refund and Return Policy, please send an email to support@profitplanner.co and we will be happy to assist you.

Recurring Payments

As of February 6 2019, the monthly membership is no longer an option for payment.  Options now include either a lifetime membership (with a 1-time payment) or annual membership (paid either once yearly in the amount of $670, or broken into 12 equal payments of $67, paid in 30-day increments) to the Profit Planner Lounge (purchased made before or on May 21, 2019) or the Scalability Lounge (purchases made on or after May 22, 2019) (together referred to as the “Lounge”). Opting to join as an annual membership paid monthly, you will be required to pay all 12 payments of $67. You understand that the credit card information you provide upon registration will be charged either each month over the course of a year or each year on your annual subscription anniversary date until you or we cancel your yearly membership. If you opt to leave the Lounge at any point during the period of your annual subscription you will still be charged for the remaining months of the plan you purchased (totaling 12 payments of $67).

You also understand that you are responsible for any missed or failed payments due to canceled, changed, or altered payment information that you do not provide to us.

Failure to pay does not cancel your membership payment obligation. If we cannot collect your monthly payment, your membership will be canceled by us and an outstanding balance will be placed on your account. You are responsible for all outstanding membership balances whether or not you maintain an active membership. We reserve the right to collect any and all payments due to us using our collection agency.

If you wish to cancel your membership, you must do so using the settings found in "Your Account" or by contacting support@profitplanner.co. If you do not wish to maintain a recurring monthly membership but would still like to access the Lounge, please register for an annual or lifetime membership.

In summary, as of February 6, 2019, the Lounge offers 3 membership types:
1. Lifetime Membership paid once;
2. Annual Membership that is paid all at once, recurring once a year; and
3. Annual Membership that is split into 12 equal monthly payments on a recurring basis.

Payments

You represent and warrant that when makes purchases from the Owner that any credit card or payment information you give us is accurate and complete; and, any charges incurred by you will be honored by your financial institution or credit card company; and, you will pay the charges incurred by you, including any and all taxes; and, if your payment method is not honored for any reason, you will still pay any incurred charges, including any surcharge we may incur due to the failed payment.

When you join the Lounge on an annual membership paid monthly, you will pay upfront for the first month in full. You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password).

You hereby authorize the Owner, Haley Burkhead, and the  Lounge to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

Termination of Membership

You may terminate your membership for the Lounge on the anniversary of your purchase of the Annual Membership, this applies to those paid once per year or broken into 12 equal payments over the course of the year. Your membership with us is effective until terminated by you or us. Your rights found within these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. You agree that upon termination, you will stop representing yourself as a member. Additionally, you must delete or destroy any information or content (including all copies) obtained from the membership website. Copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues survive the termination of any membership.

Lounge Membership Types

Free Trial - a free trial membership is valid for a pre-determined amount of time. Free trial members are still bound by these terms and conditions. To begin a free trial, members must provide payment information. At the end of the free trial period, an Annual Membership will automatically begin, with payment broken into 12 equal monthly payments. Member may terminate their Free Trial membership before their trial ends.Upon completion of the Free Trial period, cancelation can only occur by following all guidelines outlined in the Termination of Membership section of these Terms and Conditions. There are no refunds given for membership fees that are automatically drafted at the end of a free trial.

 

Annual Membership - an annual membership is valid for 365 days from the date you join and automatically renews each year on your original subscription date. This type of Membership may be paid for in two ways:
1. Monthly Payment Plan - your Annual Membership cost will be broken down into 12 equal monthly payments of $67. You will be charged once each month for that amount.
2. A One-Time Yearly Payment - your $670 Annual Membership cost will be charged once each year for that amount.
You may cancel your membership renewal at any time in your member account area but you will be responsible for completing payment on the full $670. Upon cancelation, you will continue to have access to the Lounge until your Annual Membership subscription anniversary date.

Lifetime Membership - a Lifetime Membership is valid for the life of this product. Owner reserves the right to discontinue any product or service at any time for any reason. Your membership continues in perpetuity until this product is discontinued or disabled.

Disclaimer

The materials on Owners' Website are provided on an 'as is' basis. Owner makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Owner does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Where applicable, this membership site is meant for informational purposes only. It is not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information on the membership site and this web site are at your own risk.

We reserve the right to discontinue or modify without notice or liability, any portion of this website or membership site at any time.

Limitations

In no event shall Owner or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Owner's Website, even if Haley Burkhead or an Owner’s authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of materials

The materials appearing on Owner’s Website could include technical, typographical, or photographic errors. Haley Burkhead and Owner do not warrant that any of the materials on its website are accurate, complete or current. Owner may make changes to the materials contained on its website at any time without notice. However, Owner does not make any commitment to update the materials.

Links

Owner has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Owner of the site. Use of any such linked website is at the user's own risk.

Modifications

Owner may revise these terms of service for the Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these terms of service.

Contacting Us

You may contact us at any time via email by emailing support@profitplanner.co.

Severability

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Owner with respect to this Website and supersedes all prior or contemporaneous communications between you and Owner with respect to this Website. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the State of Illinois and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location. You hereby consent to binding arbitration in the State of Illinois to resolve any disputes arising under this Terms and Conditions.

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.