Welcome to http://app.ryanbeachtrumpet.com. Ryan Beach Studios LLC, an Alabama limited liability company, owner and operator of this website (“we,” “us,” or “Company”) grants you access and use of this website and our services to learn and use the GOLD Method and related tools, purchase products, and contact us (the “Services”), including, all content and information contained thereon, (collectively, our “Site”), subject to these terms and conditions of use (these “Terms of Use”) and all other policies and additional terms posted on our Site from time to time.
1. Background. Company provides tools to ground your work and help make your practice efficient. Through our Site, you may use the Services, including, without limitation, the Company’s original, proprietary GOLD Method and application, and purchase products, if and when made available by Company, (our “Products”). Please read these Terms of Use carefully before performing any and all of the follow: (i) browsing or using our Site; (ii) using the Services; or (iii) purchasing our Products.
2. Access of the Website and Use of the Services. By accessing/browsing our Site, using the Services, subscribing to our newsletter (if any), purchasing our Products, or any combination of the same, you agree to be bound by these Terms of Use in its entirety. If you are unable or unwilling to abide by these Terms of Use, please immediately discontinue access of our Site and use of the Services. We may revoke your access to our Site and use of the Services at any time for any or no reason, including, without limitation, your violation of these Terms of Use. We may also change, suspend, or discontinue our Site, the Services, and our Products at any time.
3. Pricing, Subscriptions, and Cancellations. Company shall post the Services plans and pricing on our Site, which we may change from time to time in our sole discretion by updated posting. Your subscription and access to certain Services will commence as soon as your payment processes. All processed payments are non-refundable. Your subscription will automatically renew in month-to- month increments until you cancel. As part of the onboarding process, you will create a Stripe account, which will hold your credit card information and automatically charge your payment method every month until you cancel. You authorize Stripe, or other merchant services providers servicing our Site, to hold your credit card information when you create such account. Until you cancel, we will automatically charge you the then-current rate for the Services you have selected plus applicable taxes. We may suspend or terminate your account if your primary payment method fails and you have not provided a secondary payment method in your account. You may cancel the monthly renewal of your plan at any time by using the “Manage Subscription” feature of our Site, and then clicking the “Cancel plan” on the Stripe platform.
4. Intellectual Property
(a) General. Copyright, trademark, and other proprietary rights and laws protect our Site, the Services, our Products, and related intellectual property. No part of the materials on our Site (collectively, the “Content”), including, without limitation, the Gold Method content and application, our Products, graphics, photographs, logos, or text, may be copied, photocopied, reproduced, translated, or reduced to any electronic medium or machine-readable form, in whole or in part, without specific written permission from the respective rights holder. Except as expressly provided, nothing contained in these Terms of Use will be construed to confer on you or any third party any license or right, by implication or under any law, rule or regulation, including, without limitation, those related to copyright, trademark, or other intellectual property rights.
(b) License to Use Submitted Content. If you submit images, text, video, or any other content to us via email, social media, mail, or other method (collectively, “Submitted Content”) you grant us, and our service providers, affiliates, licensees, and assigns, an irrevocable, assignable, sublicensable, perpetual, nonexclusive, worldwide right to publish, publicly display, copy, creative derivative works thereof, exploit, and electronically transmit and distribute copies of the Submitted Content in any medium now known or hereafter created in connection with the creation, promotion, advertisement, and sale of our Site, the Services, and our Products. By submitting Submitted Content, you represent and warrant that all Submitted Content does not infringe the rights of a third-party and that (i) you are the sole author and owner of the Submitted Content or (ii) you have obtained all consents and approvals necessary for the creation, display, and distribution of all Submitted Content. You shall not submit unauthorized, infringing third- party content to Us.
5. Consent to receive email. If you subscribe to our newsletter, subscribe toa Services plan, or purchase one our Products from us and provide your email address in connection therewith, you consent to receive notices with respect to your account in addition to periodic newsletters, and other types of email communications from us, including, without limitation, new product offers and customer service issues. You may choose to opt-out of certain newsletter and announcement email correspondence. Our Privacy Policy governs our use of your personally identifiable information obtained via our Site.
6. Prohibited Uses. You are solely responsible for all of your activity in connection with accessing and using any and all of our Site, the Services, and our Products. You shall not use any and all of our Site, the Services, and our Products for any fraudulent, abusive, illegal, or otherwise inappropriate activities. If you do, we may immediately terminate your right to access and use our Site, use the Services, and both. Without limitation to other prohibited uses specified herein, you are prohibited from using any and all our Site, the Services, and our Products for any and all of the following purposes:
(a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
(b) attempting to probe, scan, or test the vulnerability of our Site, the Services, or any associated system or network, or to breach security or authentication measures without proper authorization;
(c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to our Site or the Services, overloading, “flooding,” “spamming,” “mail bombing,” “DDOSing,” or “crashing;”
(d) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to human-perceivable form any of the source code used by us in providing any and all of our Site, the Services, and our Products. Any violation of system or network security may subject you to significant civil and criminal liability;
(e) scraping, crawling, or using any other automated device or manual process to harvest data from our Site; and
(f) reposting, modifying, or otherwise using any information or content from any or all of our Site, the Services, and our Products for any purpose other than those authorized in these Terms of Use.
7. Third Party Content and Links. Our Site may contain links to third party websites and service providers, including, without limitation, our merchant services, including, without limitation, Stripe, and order fulfillment providers, which have separate and independent content, terms of use, and privacy policies. Third party websites and providers are not under our control. We are not responsible for and assume no liability for any statements, representations, or any other form of information contained in third party content appearing on or made available through our Site, the Services, or both. Stripe’s Terms of Service are available at https://stripe.com/customer-portal/legal.
8. U.S. Residents Only. The Site, the Services, and our Products are intended for United States residents only. No part of the Site, the Services, or our Products or any communications or content relating to the Site and Services will be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal.
9. Privacy. Use of our Site, the Services, and our Products is subject to our privacy policy located at https://app.ryanbeachtrumpet.com/page/privacy-policy/ (our “Privacy Policy”).
10. Indemnification. You shall defend, indemnify, and hold harmless Company, our members, managers, officers, employees, contractors, licensees, successors, and assigns, for any and all actions, claims, judgements, losses, damages, costs, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees and court costs) related to or arising from any or all of the following (a) your use or inability to use any or all of our Site, the Services, or our Products, (b) your violation of these Terms of Use, our Privacy Policy, or both, and (c) your violation of applicable international, federal, state, and local laws, rules and regulations. We may assume exclusive defense of any such matters otherwise subject to indemnification by you, in which event you shall fully cooperate with us, including, without limitation, promptly making all monetary payments required hereunder.
11. WAIVER OF WARRANTIES. OUR SITE, THE SERVICES, AND OUR PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO OUR SITE, THE SERVICES, AND OUR PRODUCTS, WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR VALIDITY OF ANY MATERIAL, OUR SITE, THE SERVICES, AND OUR PRODUCTS AND DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON ANY OR ALL OF OUR SITE, THE SERVICES, AND OUR PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE IS FREE OF VIRUSES. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY. COMPANY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AND CONTRACTORS (COLLECTIVELY, “COMPANY PARTIES”) WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COURT COSTS) RESULTING FROM YOUR USE OF, OR INABILITY TO USE, ANY OR ALL OF OUR SITE, THE SERVICES, AND OUR PRODUCTS, EVEN IF ANY OR ALL OF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CUMULATIVE LIABILITY OF ANY AND ALL OF THE COMPANY PARTIES FOR ANY AND ALL CLAIMS WHATSOEVER RELATED TO OUR SITE, THE SERVICES, OUR PRODUCTS, OR OTHERWISE ARISING OUT OUR SITE, THE SERVICES, OR OUR PRODUCTS, OR OUR PERFORMANCE OR NONPERFORMANCE, OR ANY ACT, EVENT, OR CIRCUMSTANCE AFFECTING OUR SITE, THE SERVICES, OUR PRODUCTS, OR YOU, INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE TOTAL AMOUNT OF ALL AMOUNTS PAID BY YOU TO US DURING THE ONE YEAR PERIOD IMMEDIATELY PRECEDING THE ACCRUAL OF THE CLAIM. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED BY LAW, OUR SOLE LIABILITY TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00.
13. Dispute Resolution. Any controversy or claim arising out of or relating to these Terms of Use, between Us and you, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration will be Birmingham, Alabama. The arbitration will be governed by the laws of the State of Alabama. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. Each party will bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. However, if we are the prevailing party, then the non-prevailing party shall reimburse us for all such fees in addition to its attorneys’ fees and costs of enforcing its judgment as part of the award. The award of the arbitrators will be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party will be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver will not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. ANY ARBITRATION OR TRIAL UNDER THESE TERMS OF USE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. NO ARBITRATOR OR JUDGE MAY ORDER, PERMIT OR CERTIFY A CLASS ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL LITIGATION, OR CONSOLIDATED ARBITRATION. NO ARBITRATOR OR JUDGE MAY ORDER OR PERMIT A JOINDER OF PARTIES, UNLESS THE PARTIES CONSENT TO SUCH JOINDER IN WRITING. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.
14. Remedies for Violations. We may seek all remedies available at law and in equity for your violation of these Terms of Use, our Privacy Policy, or both, including, without limitation, the right to block access from a particular Internet address to our Site, suspend the Services, or terminate an order for our Products. Your breach of these Terms of Use may cause irreparable harm and damage to us for which no adequate remedy at law exists. For this reason, We have the right, in addition to any other remedies available to it at law or in equity, to enjoin you in a court of equity from violating these Terms of Use without having to prove damages or post bond.
15. Modification of Terms of Use. We may modify, delete, or otherwise alter these Terms of Use at any time. Such modifications will be effective immediately upon posting to our Site. You are responsible for regularly reviewing these Terms of Use. Continued access of our Site, use of the Services, or purchase of our Products thereafter constitutes your consent to any modifications.
16. Miscellaneous. These Terms of Use will be governed by and construed in accordance with the laws of the State of Alabama and the laws of the United States, without giving effect to any principles of conflicts of law. You consent to the sole and exclusive jurisdiction and venue of the state courts and United States district courts sitting in Birmingham, Alabama in which any adversarial proceeding, suit, or action is brought arising from any or all of these Terms of Use, your access and use of our Site, your use of the Services, and your purchase, use, or both of our Products, including, without limitation, enforcing an arbitration judgment. If any provision of these Terms of Use will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by us will be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use will not constitute a waiver of such right or provision. You acknowledge and agree that you have fully read and understand these Terms of Use and have had the opportunity to seek legal counsel of your choice. These Terms of Use along with our Privacy Policy contain the entire agreement between the parties regarding the subject matter hereof. These Terms of Use supersede all prior written and oral understandings, writings, and representations and may only be amended upon notice by us. These Terms of Use are binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns. You may not transfer or assign these Terms of Use. All provisions which by their nature should survive termination of this Agreement will survive, including, without limitation, Paragraphs 4, 5, 6, 7, 10, 11, 12, 13, 14, and 16. We will not be in breach of these Terms of Use unless it fails to cure the same no later than thirty (30) days after its written receipt of notice of the same to its contact information below by certified mail, postage pre- paid with emailed copy to practiceindependence01@gmail.com.
17. How to Contact Us. If you have any questions about these Terms of Use, our Site, the Services, or our Products, you may contact Company at:
Mail:
Ryan Beach Studios LLC
309 Shadeswood Drive
Hoover, AL 35226
Email: practiceindependence01@gmail.com
These Terms of Use were last updated May 24, 2021.