TERMS OF USE | Hey Bailey LLC's The Clubhouse
Please read the Terms of Use for the Community carefully and in their entirety before purchasing, using, and/or participating in The Clubhouse (hereinafter referred to as the “Community”). The Community and its content are owned by Hey Bailey LLC.
1. Definitions:
“Company”, “We”, “I”, “Our”, or “Us” means Hey Bailey LLC.
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Community.
“Community” means The Clubhouse.
“You”, “Your”, “User” or “Client” means the purchaser and person using the Community.
2. Consent:
By participating in the Community, you implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms of Use.
3. DISCLAIMER:
By participating in the Community, you understand that this Community is for informational and educational purposes only. The information and education provided in this Community is not intended or implied to supplement or replace the professional advice of an attorney, accountant, and/or financial advisor. You should consult with a professional in those areas (financial, legal, accounting, etc.) in person with someone where you live or work to discuss issues or questions pertaining to your particular legal, financial, or business situation.
4. Assumption of the Risk
You should use your best judgment in using the information provided in the Community, which is done at your own risk. It is your responsibility to discern the risk of using the Community or its content. You assume responsibility for your actions, choices, or lack thereof, related to the Community.
5. Intellectual Property Ownership:
The Community is the intellectual property of Bailey Walden and is owned by Hey Bailey LLC. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
Any use of the Company’s intellectual property may not be used in connection with the sale or distribution of any product, Community, and/or service by you, directly or indirectly, without the prior written consent of Hey Bailey LLC.
Misappropriation or unauthorized use of the Company’s intellectual property and/or trade secrets may result in the enforcement of an infringement and/or intellectual property theft action against you in an effort to recover damages and/or protect our intellectual property rights. The Company reserves the right to pursue an action for misappropriation, theft, or improper use of its intellectual property by the Purchaser, the Purchaser’s representatives, assigns, contractors, employees, or acquaintances.
6. No Sharing:
You cannot distribute, copy, forward, and/or share information shared in the Community without the express permission of the poster or community member who shared the information and the permission of Bailey Walden of Hey Bailey LLC.
You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Community, you will be removed from the Community immediately and no refund will be issued. Any violations of these Terms of Use may be legally pursued.
7. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and their circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
8. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Community. The Community is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Community.
9. Your Release of Us, Indemnification, Hold Harmless:
To the fullest extent permitted by law, Hey Bailey LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Community, its materials, our website, or any other information obtained by you from us. By enrolling in the Community, you hereby agree to this limitation of liability and release Hey Bailey LLC and its members from any and all claims.
By participating in and/or purchasing the Community, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Hey Bailey LLC, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Community and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.
By enrolling in the Community, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Hey Bailey LLC as stated in this section herein.
10. Our Refund Policy:
NO REFUNDS:
We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the service-based nature of the Community, refunds will not be issued for the Community once it is purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Bailey at hello@heybailey.com.
NO CHARGEBACKS:
The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the Community. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.
11. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Community, please contact us directly first by emailing Bailey at hello@heybailey.com.
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Hey Bailey LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 30 miles of Shelby County, Tennessee.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Tennessee. The only award that can be issued to you is a refund of any payment made to Hey Bailey LLC for the applicable Community. You are not permitted to seek additional damages, including consequential or punitive damages.
12. Limitation of Liability:
Hey Bailey LLC and its managing members, agents, and/or employees are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Community. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Community or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
13. PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS
General Payment Terms:
You understand that the Community is a monthly membership. When you pay for the Community by credit card, you authorize and give permission to Hey Bailey LLC to charge your credit or debit card for the amount owed for payment of the Community. When you purchase the Community, your information (i.e. credit card and contact info) may be collected by the third-party merchant Stripe, via StanStore, (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. Hey Bailey LLC is not responsible for the merchant’s independent policies or practices.
You agree that Hey Bailey LLC has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.
If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to the Community. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase.
You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.
14. Severability
The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
15. Entire Agreement
These Terms of Use contain the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.
16. Choice of Law + Venue
These Terms of Use shall be governed by the laws of the state of Tennessee. Any action brought by any party arising out of or from these Terms shall be brought within the Tennessee, County of Shelby.
By purchasing and/or participating in the Community, you implicitly signify your agreement to all of the terms in these Terms of Use.
If you have any questions about the Terms of Use, please contact Bailey at hello@heybailey.com. Thank you.
