Terms

TERMS OF USE 

Hey there fellow small biz owner. By purchasing any products or event tickets on www.bradendrake.com  you (“Student” or “You”) enter an agreement with Braden Drake LLC, dba, and You agree to the following terms:

 

  1. PROGRAM/SERVICE

Braden Drake LLC, dba Creativepreneur Community (“CP Community”) provides in person events, online course, digital downloads, including contract templates, and other services and digital products (collectively “Products”). As a condition of participating in any Programs or purchasing any products, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

 

  1. DISCLAIMER

CP Community’s Privacy Policy and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to purchase of any Products.

 

Creativepreneur understands Braden Drake (herein referred to as “Consultant”) and CP Community, is not acting in the capacity of an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Creativepreneur understands that purchasing Products or reading any content on the CP Community website does not establish any attorney-client relationship. All content and Products are for general information purposes only. Should Creativepreneur wish to work in an one-on-one capacity and/or establish an attorney-client relationship, Creativepreneur understands that he or she may contact Braden Drake, owner of CP Community, through bradendrakelaw.com.

 

Creativepreneur understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business 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 Creativepreneur; (6) introduce Creativepreneur to Consultant’s network of contacts, media partners or business partners. Creativepreneur understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties wish to continue their relationship, they shall execute a separate agreement.

 

  1. FEES

In consideration for your access to a selected Product, you agree to pay the price associated with that product on the creativepreneur.community website. From time-to-time, CP Community may offer limited promotions through its email list or through other means. Those promotion rates are not guaranteed, and Creativepreneuer understands that he or she is not entitled to any discounted prices.

 

  1. LIVE EVENTS

As part of the Program, You may have the opportunity to attend live events. You understand that your fee paid as part of this Program does not include any costs associated with live events and should you choose to attend, you will be responsible for your travel and accommodation costs.

 

  1. CREDIT CARD PAYMENT

If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

 

  1. REFUND POLICY

CP Community has a strict no refund policy on all Products. Should Creativepreneur purchase an event ticket, Creativepreneur may request to attend a different event. CP Community will accommodate this request at its discretion.

 

  1. TRANSFER OF INTELLECTUAL PROPERTY

All content in any Products, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Products, is the property of CP Community or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Your purchase of any Products does not result in a transfer of any intellectual property to You, and You agree to observe and abide by all copyright and other intellectual property protection. You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use of any Products purchased, content, and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the any Products.

 

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if You violate the Company’s intellectual property rights, your access to any Products will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees and are aware that CP Community may seek any relieve entitled to it under the law.

 

  1. FORCE MAJEURE

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

  1. INDEPENDENT CONTRACTOR

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

 

  1. SEVERABILITY

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

  1. LIABILITY

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

 

  1. WARRANTY

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

 

  1. ASSIGNMENT

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

 

  1. 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.

 

  1. TERMINATION

The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

 

  1. INDEMNIFICAITON

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

 

  1. DISPUTE RESOLUTION

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to San Diego, CA.

 

Last Updated: February 11, 2019