By enrolling in the Flip Your Life membership, and/or coaching programs, and/or subscribing to Membership Masters, and/or services we or our partners offer, and/or any other program, community, or any other product offered, you agree to comply with and be bound by the following terms and conditions of use.
Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not continue with your purchase.
If you purchased a package at a live event (including but not limited to events such as Flip Your Life Live, Income Surge, Income Surge Online, or Flipped Lifestyle Online Challenges), please refer to your purchase agreement for purchase-specific terms and conditions. You may find copies of these terms and conditions below, under event package terms and conditions.
This Agreement (the “Agreement’”) specifies the Terms and Conditions for access to and use of Flipped Lifestyle™ courses, coaching programs, services, and/or all other products and services and describes the terms and conditions applicable to your access of and use of those products and services. This Agreement may be modified at any time by Shane & Jocelyn Sams or their representatives. Any such modifications shall be effective immediately and retroactively. You can view the most recent version of these terms at any time at FlippedLifestyle.com/terms. Each use of our site and/or email optin and/or purchase by you the customers shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Intellectual Property Ownership.
(a) Our Content. All content included on this site is and shall continue to be the property of Shane and Jocelyn Sams or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited without express permission by Shane and Jocelyn Sams. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site. Flipped Lifestyle is the trademark or registered trademark of Shane and Jocelyn Sams. Other product and company names mentioned on this Site may be trademarks of their respective owners.
(b) User Supplied Content. By accessing our forum, bulletin board, chat room, or any other user interactive area of our site, and placing any information in any of those areas, you hereby grant us a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered. You also grant to others who access the forum, bulletin board, chat room or any other user interactive area of our site a perpetual, non-revocable, royalty free license to view, download, store and reproduce your postings but such license is limited to the personal use and enjoyment of such other party.
(c) Personal Use. Shane and Jocelyn Sams grant you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Shane and Jocelyn Sams and their designated representatives. Shane and Jocelyn Sams or a representative may terminate your use of this website, and all paid products and services at any time, for any reason, without refund.
(d) Other Uses. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, is strictly prohibited without Shane and Jocelyn Sams’ prior express written consent.
(a) DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED ON AN `”AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. Shane and Jocelyn Sams DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
FURTHERMORE, Shane and Jocelyn Sams DO NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Shane and Jocelyn Sams, their SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE. USE OF THE SITE’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
(b) LIMITATION OF LIABILITY. Shane and Jocelyn Sams SHALL NOT BE RESPONSIBLE OR LIABLE TO PROVIDERS OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH Shane and Jocelyn Sams OR THE SITE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE OR ANY SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF Shane and Jocelyn Sams HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.
(c) EARNINGS DISCLAIMERS. The information presented in this Website is intended to be for your educational and entertainment purposes only.
We are not presenting you with a business opportunity.
We are not presenting you with a distributorship.
We are not making any claims as to income you may earn.
We are not presenting you with an opportunity to get rich.
Before embarking on any endeavor, please use caution and seek the advice your own personal professional advisors, such as your attorney and your accountant.
Where income figures are mentioned (if any), those income figures are anecdotal information passed on to us concerning the results achieved by the individual sharing the information. We have performed no independent verification of the statements made by those individuals. Please do not assume that you will make those same income figures.
Please do not construe any statement in this website as a claim or representation of average earnings. There are NO average earnings. Testimonials and statements of individuals are not to be construed as claims or representations of average earnings. We cannot, do not, and will not make any claims as to earnings, average, or otherwise.
Success in any endeavor is based on many factors individual to you. We do not know your educational background, your skills, your prior experience, or the time you can and will devote to the endeavor.
Please perform your own due diligence before embarking on any course of action. Follow the advice of your personal qualified advisors.
There are risks in any endeavor that are not suitable for everyone. If you use capital, only “risk” capital should be used. There is no guarantee that you will earn any money using any of the ideas presented in our in materials.
Examples in our materials are not to be interpreted as a promise or guarantee of earnings. 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.
No guarantee is made that you will achieve any result at all from the ideas in our material. You agree that we will not share in your success, nor will we be responsible for your failure or for your actions in any endeavor you may undertake.
Please understand that past performance cannot be an indication of possible future results.
Materials in our product 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 in our materials are intended to express our opinion of earnings potential. They are opinions only and should not be relied upon as fact.
4. Terms Relating to User Supplied Site Content.
(a) Participate at Your Own Risk. You enter and participate in our forum, bulletin board, chat room, or any other user interactive area of our site, and gain access to the materials contained thereon at your own risk.
(b) No Monitoring. We do not guarantee to monitor or screen communications on our forum, bulletin board, chat room, or any other user interactive area of our site and we are not responsible for any material that any of our forum, bulletin board, chat room, or any other user interactive area of our site participant posts and we do not assume the responsibility to do so. In the event that we are notified by any party that any communications contained in our forum, bulletin board, chat room, or any other user interactive area of our site is contrary to these terms, we may, but are not obligated to, investigate the situation and determine in our own discretion, whether to remove such communication from our forum, bulletin board, chat room, or any other user interactive area of our site. We have no liability or responsibility to investigate or remove any content from our forum, bulletin board, chat room, or any other user interactive area of our site based upon a complaint or otherwise.
(b1) It is your responsibility to unsubscribe from our text, communication, and/or email list if you no longer want to receive communication from us. If you want to unsubscribe from our email list you may do so at any time. Each email from FlippedLifestyle.com, includes a link to unsubscribe from these email communications. We are not responsible if you have signed up for our list with multiple emails. It is your responsibility to unsubscribe from our email list using the provided links. Please follow all directions to unsubscribe from our text, communication, and/or email list.
(c) Your Reliance at Your Risk. We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through our forum, bulletin board, chat room, or any other user interactive area of our site. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in our forum, bulletin board, chat room, or any other user interactive area of our site.
(d) No Endorsement. We do not endorse or lend any credence for any statements that are made by any participant in our forum, bulletin board, chat room, or any other user interactive area of our site. Any opinions or views expressed by our forum, bulletin board, chat room, or any other user interactive area of our site participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.
(e) You are Responsible. You are fully responsible for your own statements and materials that you post in our forum, bulletin board, chat room, or any other user interactive area of our site and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.
(f) Removal of Material. As a participant in our forum, bulletin board, chat room, or any other user interactive area of our site, you agree that we may remove any materials from our forum, bulletin board, chat room, or any other user interactive area of our site for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from our forum, bulletin board, chat room, or any other user interactive area of our site or from the discontinuance of our forum, bulletin board, chat room, or any other user interactive area of our site at any time.
(g) Right to Expel. We have the right to remove, expel, or disqualify any party from participation and access to our forum, bulletin board, chat room, or any other user interactive area of our site for any time and for any reason, or for no reason whatsoever, in our sole and absolute discretion. This includes, but is not limited to any violation of this agreement, disruptive behavior, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all.
(h) Right to Terminate. We reserve the right to terminate our forum, bulletin board, chat room, or any other user interactive area of our site at any time and all users hold us harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type.
(i) Prohibitions. You agree that you will not:
- Use our forum, bulletin board, chat room, or any other user interactive area of our site for any illegal purpose.
- Place any material in our forum, bulletin board, chat room, or any other user interactive area of our site that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party.
- Place any material in our forum, bulletin board, chat room, or any other user interactive area of our site that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person.
- Place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in our forum, bulletin board, chat room, or any other user interactive area of our site.
- Place any advertising, attempted business solicitation, marketing materials or sales promotional materials in our forum, bulletin board, chat room, or any other user interactive area of our site.
- Pretend to be another person that you are not.
- Place materials in our forum, bulletin board, chat room, or any other user interactive area of our site that are disruptive or off-topic.
(j) Hold Harmless and Indemnify. You hold us harmless from, and indemnify us against, any and all claims for damages from third parties arising from your participation, use or conduct in our forum, bulletin board, chat room, or any other user interactive area of our site.
(a) Prohibition Against Data Mining. You are prohibited from data mining, scraping, crawling, email harvesting or using any process or processes that send automated queries to the Flipped Lifestyle Programs. You may not use the Flipped Lifestyle Program to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail.
(b) Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 18.
(c) Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
(d) Indemnification. You agree to indemnify, defend and hold Shane and Jocelyn Sams and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
(e) DMCA Notice. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site; Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
(f) All content (including but not limited to images, text, uploaded files, etc.) submitted to, uploaded, by members may be used in any way Sams Digital, LLC. This includes but is not limited to promotional activities, advertisements, testimonials, etc.
(g) Memberships & Subscriptions: I understand that I am signing up for a recurring membership. I understand this is a subscription service and I will be billed based on the plan I purchased (monthly, quarterly, or yearly). I understand that I will be charged each period, and that the day may be different each month based on the way the calendar falls.
(h) Cancellations. For online monthly memberships: I understand that I can cancel my membership at any time. I understand that cancellation requests MUST be submitted using the Cancellation form at least 48 hours prior to my scheduled payment date. I understand if I do not cancel 48 hours prior to the scheduled payment date, I am not guaranteed the next payment will be prevented. It is my sole responsibility to make sure when I cancel it is prior to 48 hours of my next scheduled payment. I understand that there are no partial period refunds, and that cancellations will be processed immediately. There are NO REFUNDS.
Once the Cancellation form has been submitted, I understand that I will be unable to access the community once my request has been processed. Due to system limitations, Sams Digital, LLC is unable to honor requests to cancel on a future date. If I wish to retain login privileges until my next billing date, it is my responsibility to fill the cancellation form out at the appropriate time.
i) NO REFUNDS DISCLAIMER: Due to the nature of this electronic product and the fact that it cannot be “returned”, we have a no refund policy unless otherwise mentioned in the offer. You cannot order and then ask for a refund straight away. Within minutes of ordering you will be able to download years worth of our effort and knowledge. None of the core content is ‘drip fed’ you get all of it right away. There is no un-doing that once you access the members area. There are no partial month refunds, partial refunds on annual payments, or refunds of any kind on any other products. Cancellations will begin during the next scheduled payment period. By purchasing this membership you are agreeing to these terms and conditions. To cancel, fill out the Cancellation form at least 48 hours prior to your renewal date. NOTE: Cancellations near major holidays are excluded from the 48 hour window. You must cancel between 3-5 days before any major US holidays. Holidays include but are not limited to Christmas Eve, Christmas, New Years Eve, New Years Day, Thanksgiving (including the day before and weekend after), Bank Holidays, and all holidays recognized by the Government and major religious groups. Disputed charges may be subject to a $90 dispute processing fee and we reserve the right to turn any unpaid invoices over to collections.
Flip Your Life and Flipped Lifestyle digital training, educational, and entertainment products have a shelf-life of no more than 12 months. Meaning that if you purchase a digital information product from us, you should expect these links, documents, manuals, eBooks, articles, videos, software and other digital information or productivity items to be live, accessible and usable for a period of no more than 12 months following your purchase.
k) REFUND POLICY
Due to the nature of this electronic product and the fact that it cannot be “returned”, we have a no refund policy unless otherwise mentioned in the offer. You cannot order and then ask for a refund straight away. Within minutes of ordering you will be able to download years worth of our effort and knowledge. None of the content is ‘drip fed’ you get all of it right away. There is no un-doing that once you access the members area. There are no partial month refunds, partial refunds on annual payments, or refunds of any kind on any other products. Cancellations will begin during the next scheduled payment period. By purchasing this membership you are agreeing to these terms and conditions. To cancel, fill out the Cancellation form at least 48 hours prior to your renewal date. NOTE: Cancellations near major holidays are excluded from the 48 hour window. You must cancel between 3-5 days before any major US holidays. Holidays include but are not limited to Christmas Eve, Christmas, New Years Eve, New Years Day, Thanksgiving (including the day before and weekend after), Bank Holidays, and all holidays recognized by the Government and major religious groups.
This is a membership website. Payments will process automatically on the schedule you selected at the time of purchase (yearly, quarterly, or monthly). Trials: all trials will last for the stated period then automatically renew. All cancellations must be requested at least 48 hours prior to the payment date or they will be charged. There are no refunds on monthly memberships, trials, or one time purchases associated with trial promotions. It is 100% the customers responsibility to request a cancellation before the next billing date. Failure to enter a cancellation request will result in billing the agreed upon amount at purchase. Cancellations cover FUTURE payments, no past payments are available for refund.
AGAIN…Due to the nature of this electronic product and the fact that it cannot be “returned”, we have a no refund policy. You cannot order and then ask for a refund straight away. Within minutes of ordering, you will be able to download years worth of our effort and knowledge. None of the content is ‘drip fed’ – you get all of it right away. There is no undoing that once you access the members area. There are no partial month refunds, partial refunds on annual payments, or refunds of any kind on any other products.
SELECT promotions may include a conditional guarantee. This guarantee is subject to change and must be posted on the promotion page at the time of purchase. Conditions may include proof that the user gave his or her best effort to take action on each training video, participated in the community on a regular basis during the trial, and made every effort to succeed. Failure to do prove these items will void any promotional guarantees. We will never offer an unconditional guarantee.
FLIPPED LIFESTYLE & FLIP YOUR LIFE COMMUNITY CANCELLATION POLICY (excluding products or services purchased at live events, online or in-person, or packages purchased via third party financing)
If you are dissatisfied with your subscription purchase for any reason, you will be able to cancel any future community membership payments as long as you submit the Cancellation form at least 48 hours prior to the payment processing date. We cannot guarantee your cancellation request will be processed in time if it occurs within 48 hours of 12:00am EST on the billing date. The billing process is automated, but the cancellation process must be handled manually. PLEASE NOTE: Purchases of packages sold at a live event (online or in-person) are subject to terms and conditions provided at the time of purchase.
Cancellations will be effective immediately once the cancellation request has processed. You will be unable to log in to the Flip Your Life Community at that time. If you did not submit your cancellation request in time and the current month’s payment has already processed, we will not issue a refund for the current month or reinstate your membership until the next billing cycle.
We highly recommend that you ask questions before purchasing to make sure the community is right for you BEFORE purchasing.
If you cancel and then decide to join the Flip Your Life Community again at a later time, you will be reinstated at the current membership rate, NOT your original rate, regardless of any special offers or discounts you received in the past.
COACHING TERMS, CONDITIONS, RIGHTS AND RESPONSIBILITIES
These terms, conditions, rights, and responsibilities cover in-person offline and online training and coaching programs
These student rights and responsibilities pursuant thereto (this “Agreement”), is entered into between Sams Digital LLC, DBA Flipped Lifestyle (“Company”) and the student (“Student”).
This Agreement governs the training purchased by Student. Student represents to Company that Student is authorized to enter into this Agreement and Student’s signature on the first page hereof signifies acceptance of all terms and conditions of this Agreement.
- Training. Subject to the terms of this Agreement, Company will provide the training to Student in accordance with the product purchased (the “Training”).
- Ownership of Materials. Student agrees that any and all materials displayed or distributed in accordance with the Training, or provided to Student or which Student may have access to in conjunction with the Training and this Agreement, including without limitation: class handouts, teaching materials, presentations, audio and video material or stills from audiovisual material, software, graphics, slides, drawings, pictures, characters, animations, text, and data, and all intellectual property rights therein (including, without limitation, copyrights and trademarks) (collectively the “Training Materials”) are the sole and exclusive property of Company or its licensors.
- Limited License. In accordance with the Training, Company grants Student a limited, revocable, non-exclusive, non-sublicensable license (the “License”) to view, access and use the Training Materials. Except for the License, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Student any intellectual property rights or any other right, title or interest in or to the Training Materials. Company may suspend or terminate the License at any time and in its sole discretion, with or without notice, in the event Student breaches this Agreement.
- Representations, Warranties and Covenants. Student represents, warrants and covenants that: (a) Student is at least of the age of majority in Student’s state of residence and at least eighteen (18) years old and has the right and the ability to agree to this Agreement; (b) Student will not disrupt, disturb, or otherwise unduly interfere with the conduct of the Training and will not cause any damage to any part of the venue (including outside areas, and all inside walls, flooring, fixtures and fittings); (c) Student will not, directly or indirectly, distribute, make available, publish, display, perform, or create derivative works from the Training Materials or any portion thereof in any way, form or manner, electronic or otherwise, which includes forwarding or commercially exploiting any of the Training Materials; (d) Student will not copy or cause to be copied or reproduced in any way, form, or manner, electronic or otherwise, any of the Training Materials or any portion thereof; (e) Student will use the Training Materials or any portion thereof for Student’s own personal educational purposes; (f) Student will keep Student’s personal belongings with Student at all times and Company accepts no liability for any damage to, loss of or theft of any of Student’s belongings or other items brought to the Training by Student; and (g) Student will not record by audio, video, photograph or any other means any portion of the Training.
- Safety and Security. Student acknowledges that Student and Student’s property may be subject to a reasonable search upon entry to the Training. If Student refuses to participate in these security measures, Company may deny Student entry. Company also reserves the right to ask Student to leave the Training (online or offline) if Student’s behavior causes Company concern for the safety or security of other Training attendees, if any. If Company denies Student entry or requires Student to leave, Student will not receive a refund.
- Recordings. Student grants Company, its affiliates, and its independent contractors the right to record, film, photograph, and capture Student’s voice and image in any media at the Training (collectively, the “Recordings”). Student grants Company and its affiliates, agents, employees, and assigns an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, reproduce, modify, distribute, and translate, for any purpose relating to Company’s business, all or any part of the Recordings. Company may edit the Recordings, use them alone or together with other information, and allow others to use and disseminate them. To the maximum extent permitted by law, Student waives any moral rights Student may have in the Recordings.
- Termination. Company may terminate this Agreement upon written notice to Student if Student: (a) fails to pay any amount when due under this Agreement in accordance with the first page hereof (a “Payment Failure”); or (b) other than a Payment Failure, breaches any provision of this Agreement, and either the breach cannot be cured or, if the breach can be cured, it is not cured by Student within 10 days after Student’s breach.
- Release of Liability. To the maximum extent permitted by law, Student (for itself, its heirs, dependents, personal representatives, assigns, and anyone else who might make a claim on Student’s behalf or as a result of Student’s death or injury) hereby release Company, its affiliates, its licensors and its and their respective directors, officers, employees, members, managers, contractors, representatives, agents, successors, and assigns (collectively, the “Releasees”) from any and all claims, demands, causes of action, suits, damages, losses, debts, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and costs) that Student may have now or in the future associated in any way with the Training, use of the Training Materials and the Recordings.
- Indemnification. Student agrees to, and shall, indemnify, defend, and hold harmless any and all of the Releasees from and against any and all claims, demands, causes of action, suits, damages, losses, debts, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and costs) asserted by any third party due to, arising out of, or in any way related to (i) any violation by Student of this Agreement, (ii) any violation by Student of applicable laws and (iii) Student’s negligent or intentional misconduct.
- Assumption of Risk. Student is entering into this Agreement freely and understands that the information provided during the Training, including ideas, suggestions, techniques, and other methods, and the Training Materials are educational in nature and are only provided as general information. Any information, stories, examples, or testimonials presented during the Training does not constitute a warranty, guarantee, or prediction regarding the outcome of Student using any such material or methods presented during the Training for any particular purpose or issue. Student assumes and agrees to accept full and complete responsibility for applying what Student may learn from participating in and attending the Training and using the Training Materials. Student acknowledges and agrees that Student’s attendance and participation in the Training is voluntary and that Student understands the nature of the Training. To the maximum extent permitted by law, Student agrees that Student solely assumes any and all risks associated with attending and participating in the Training and use of the Training Materials.
- Disclaimer. THE TRAINING AND TRAINING MATERIALS ARE PROVIDED “AS IS”. COMPANY MAKES NO WARRANTY WHATSOEVER REGARDING THE TRAINING OR TRAINING MATERIALS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. STUDENT ACKNOWLEDGES THAT STUDENT HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY COMPANY, OR ANY OTHER PERSON ON COMPANY’S BEHALF.
- Liability. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT (INCLUDING BREACH OF WARRANTY), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO COMPANY FOR THE TRAINING SOLD HEREUNDER.
- Confidentiality. Except as otherwise permitted herein, Student shall not disclose (in whole or in part) any of the terms or provisions of this Agreement to any other person or entity, except where disclosure is required by law or where necessary to enforce the terms of this Agreement.
- Force Majeure. Company shall not be liable to Student for failure to fully perform under this Agreement due to acts of God, war, disaster, fire, threatened or imminent strikes, civil disorder, pandemics, threats or terrorist attacks, or other similar occurrences beyond the reasonable control of the parties making it impossible or commercially impractical to fully perform under this Agreement (collectively, a “Force Majeure Event”). This Agreement may be terminated without penalty by Company to Student in the event a Force Majeure Event has continued for thirty (30) consecutive days.
- Relationship of the Parties. Student purchasing the Training shall not constitute, create, give effect to, or otherwise imply a joint venture, partnership, or business organization of any kind between Company and Student. Each of Company and Student are independent parties, and neither party shall act as an agent for or partner of the other for any purpose.
- Third-Parties. If the Training is provided in-person or online, third-party service providers, vendors, websites, or applications (a “Third-Party”) may be present at the Training, and may sell, advertise, solicit or otherwise promote its service or product (collectively, the “Third Party Materials”). Student hereby acknowledges and agrees that Company is not responsible for any of the Third-Party Materials, including, their accuracy, timeliness, legality, quality or any other aspect thereof, or any statement or claim made by a Third-Party. Student hereby further acknowledges and agrees that Company does not assume and will not have any liability or responsibility to Student for any Third-Party Materials or any statement or claim made by a Third-Party. Student’s access and use of any Third Party Materials is at Student’s own risk and subject to a Third-Party’s terms and conditions.
- Online Training. Attendance at any Training using an online format may require that Student have high-speed Internet access and speakers and a microphone for any desired verbal interaction where available. Company may use a third-party online platform (a “Platform”) to host online Training. Company is not liable for any problem or issue that may occur as a result of use of a Platform. Company does not provide technical support for online Training provided through a Platform and Student is responsible for setting up its equipment to participate and attend. Student will receive essential information for online Training purchased electronically at the email address or mailing address provided on the first page hereof. By participating in online Training, Student agrees to not sell, trade, transfer, or share access to any link for such Training. If Company determines Student has violated the foregoing, Company may cancel Student’s Training, retain any payments made by Student, cancel Student’s subscription and ban Student, and any recipient of such link, from future events, courses or Training of Company.
- Miscellaneous. This Agreement constitutes the entire agreement and understanding of Company and coaching Student relating to the subject matter hereof, and supersedes all prior agreements, arrangements and understandings, written or oral between the parties concerning such subject matter. Company and Student intend and agree that if a court of competent jurisdiction determines that the scope of any provision of this Agreement is too broad to be enforced as written, the court should reform such provision(s) to such narrower scope as it determines to be enforceable. Company and Student further agree that if any provision of this Agreement is determined to be unenforceable for any reason, and such provision cannot be reformed by the court as anticipated above, such provision shall be deemed separate and severable and the unenforceability of any such provision shall not invalidate or render unenforceable any of the remaining provisions hereof. Student shall not assign this Agreement without the prior written consent of the Company. Other than as permitted herein or as permitted by applicable law, this Agreement cannot be cancelled or amended without written mutual agreement of both parties. This Agreement is subject to the laws of the State of Kentucky.
EVENT PACKAGE TERMS AND CONDITIONS
See Event Terms and Conditions by visiting: https://flippedlifestyle.com/wp-content/uploads/2022/07/Cmon-Yall-Order-Form-2022.pdf or https://flippedlifestyle.com/wp-content/uploads/2022/12/SAMS-DIGITAL-Order-Form-1-2023.pdf
Products and Services purchased using third party financing are considered paid in full and non-refundable. See terms and conditions issued by the financing company who provided the loan for specific details regarding the agreement made.
There is a 3-day ROR, or Right of Refusal period as detailed in terms and conditions provided at the time of purchase. There will be no refunds on packages purchased at events after a period of 30 days, and there is no guarantee of refund following the established ROR period. Any and all refunds for any products or services purchased through events are subject to a processing fee up to 10% of the purchasing amount.
COACHING CANCELLATION POLICY (ALL ACCESS, VOXER, ROUND TABLE, ETC.)
Coaching can be renewed for a monthly fee. If you renew your coaching and If you would like to cancel your coaching membership, you must do so within 48 hours of your renewal date.
The billing process is automated, but the cancellation process must be handled manually.
There will be no partial (or prorated) refunds on monthly OR quarterly payments. If you did not submit your cancellation request in time and the current month’s payment has already processed, we will not issue a refund for the current month or reinstate your membership until the next billing cycle.
Coaching programs cannot be paused or saved for later for any reason (time, medical, act of God, etc.). Current rates always apply upon renewal.
We highly recommend that you ask questions before purchasing to make sure the community is right for you BEFORE purchasing.
l) EARNINGS DISCLAIMER
LIVE EVENT ACCIDENT WAIVER AND RELEASE OF LIABILITY FORM
By purchasing a ticket to or attending any live event hosted by Sams Digital LLC, Flipped Lifestyle, Shane and Jocelyn Sams, C’mon Y’all, LLC, or ANY event related to them, I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH THIS EVENT, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
I certify that I am physically and mentally fit, have sufficiently prepared or trained for participation in this activity, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this activity.
I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the activity in which I may participate, and that it will govern my actions and responsibilities at said activity.
In consideration of my application and permitting me to participate in this activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS:Shane & Jocelyn Sams, Sams Digital LLC, Flipped Lifestyle and/or their directors, officers, employees, volunteers, representatives, and agents, and the activity holders, sponsors, and volunteers;
(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.
I acknowledge that Shane & Jocelyn Sams, Sams Digital LLC, Flipped Lifestyle and their directors, officers, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.
I acknowledge that this activity may involve a test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants, but are also present for volunteers.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.
I understand while participating in this activity, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the activity holders, producers, sponsors, organizers, and assigns including future and current promotional campaigns.
The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I ENTER INTO IT THROUGH THE PURCHASE OF MY TICKET AND I AM ACTING OF MY OWN FREE WILL.
x) All Print Newsletters Operated by Sams Digital, LLC or Shane & Jocelyn Sams (Together or independently)
These terms and conditions outline the rules and regulations for the use of Membership Masters, Prolific Monthly and all other print publications. Membership Masters, Prolific Monthly, Presented by Flipped Lifestyle™, Copyright 2014-2019, Shane & Jocelyn Sams. All Rights Reserved. Published by Sams Digital, LLC.
By subscribing to any print publication we assume you accept these terms and conditions in full. Do not continue to subscribe to any print publications we offer if you do not accept all of the terms and conditions stated on this page. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same. License Unless otherwise stated, belong to Sams Digital LLC and/or it’s licensors own the intellectual property rights for all material in our print publications. All intellectual property rights are reserved. You may use our print publications for your own personal use subject to restrictions set in these terms and conditions.
You must not: Republish material from our print publications; sell, rent or sub-license material from Prolific Monthly; or reproduce, duplicate or copy material from our print publications online or offline; Redistribute content from our print publications (unless content is specifically made for redistribution as approved by written notice from us).
Reservation of Rights: We reserve the right at any time and in its sole discretion to request that you remove any subscriber from membership to any of our print publications. We reserve the right to amend these terms and conditions policy at any time. By continuing To subscribe, you agree to be bound to and abide by all terms and conditions.
Earnings Disclaimer: The information presented in this publication is intended to be for your educational and entertainment purposes only. We are not presenting you with a business opportunity. We are not presenting you with a distributorship. We are not making any claims as to income you may earn. Your success, or lack of, is totally 100% up to you, your actions, abilities, skills, and efforts.
We are not presenting you with an opportunity to get rich. Before embarking on any endeavor, please use caution and seek the advice of your own personal professional advisors, such as your attorney and your accountant. Where income figures are mentioned (if any), those income figures are anecdotal information passed on to us concerning the results achieved by the individual sharing the information. We have performed no independent verification of the statements made by those individuals. Please do not assume that you will make those same income figures. In fact, it is more likely that most people will make much less.
Please do not construe any statement in this newsletter as a claim or representation of average earnings. There are NO average earnings. Testimonials and statements of individuals are not to be construed as claims or representations of average earnings. We cannot, do not, and will not make any claims as to earnings, average, or otherwise. Success in any endeavor is based on many factors individual to you. We do not know your educational background, your skills, your prior experience, or the time you can and will devote to the endeavor.
Please perform your own due diligence before embarking on any course of action. Follow the advice of your personal qualified advisors. There are risks in any endeavor that are not suitable for everyone. If you use capital, only “risk” capital should be used. There is no guarantee that you will earn any money using any of the ideas presented in our in materials. Examples in our materials are not to be interpreted as a promise or guarantee of earnings. 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. No guarantee is made that you will achieve any result at all from the ideas in our material. You agree that we will not share in your success, nor will we be responsible for your failure or for your actions in any endeavor you may undertake. Please understand that past performance cannot be an indication of possible future results.
Jurisdiction. Any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement or the transactions contemplated hereby may be brought in any federal or state court located in the County and State of Kentucky, in Whitley County, and each of the parties hereby consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum. Parties losing any suit, action or proceeding agree to pay the entire court costs of the suit, action, or proceeding for all involved parties.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Shane and Jocelyn Sams, who can be reached as follows:
By Mail: P.O. Box 58 Corbin, KY 40702
By e-mail: customersupport(at)flippedlifestyle.com
When addressing financial matters in any of our websites, videos, podcasts, newsletters, programs or other content, we’ve taken every effort to ensure we accurately represent our program and its ability to grow your business and improve your life.
However, by purchasing Flipped Lifestyle products you accept and agree that you are fully responsible for your progress and results from your participation. We offer no representations, warranties or guarantees verbally or in writing regarding your earnings or results.
You alone are responsible for your actions and results in life and business which are dependent on personal factors including your skill, knowledge, ability, dedication, business savvy, network and financial situation, to name a few.
By purchasing Flipped Lifestyle products and services (including anything we recommend) you understand because of the nature of the program and extent, the results experienced by each person may significantly vary.
Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance.
Flipped Lifestyle and Flip Your Life are registered Trademarks.