terms & conditions

Updated 9.8.2023

BY VISITING THESTUDIOFLY.COM YOU ARE CONSENTING TO OUR TERMS & CONDITIONS.

OVERVIEW

The terms 'we,' 'us,' 'our,' and 'Studio Fly' refer to Studio Fly, LLC. The term 'Site' pertains to THESTUDIOFLY.COM and encompasses all online courses affiliated with Studio Fly, LLC. The terms 'user,' 'you,' and 'your' collectively refer to site visitors, customers, and any other individuals using the site THESTUDIOFLY.COM offers a website where users can access articles on small business management, marketing, sales, and services. Additionally, it provides a platform where users can purchase online courses, workshops, subscriptions, and products related to small business management, marketing, sales, and services, collectively known as the 'Service.' Your use of THESTUDIOFLY.COM, which includes all content presented on the site, as well as any online services offered by Studio Fly, LLC, is governed by the following Terms and Conditions. These Terms and Conditions are applicable to all site visitors, customers, and any other users of the site. By utilizing the Site or Service and/or making a purchase from the Site, you agree to abide by these unaltered Terms and Conditions and confirm that you have read and understood them

USE OF THE SITE + SERVICE

To access or utilize the Site, you must be 18 years of age or older and possess the necessary legal capacity and authority to agree to these Terms and Conditions. The use of the Site is prohibited for individuals under the age of 18.Information presented on the Site and within the Service, particularly content related to marketing and small business management, is subject to change. Studio Fly does not guarantee the accuracy, completeness, reliability, currentness, or error-free nature of the information provided, regardless of its source (referred to as the 'Content'). Studio Fly hereby disclaims any and all liability for any inaccuracies, errors, or incompleteness in the Content.

ACCOUNT CREATION

To access and use the Service, you are required to provide certain information about yourself, including your name, email address, username, password, and other personal details. By using the Service, you agree to ensure that all registration information you provide to Studio Fly is consistently accurate, truthful, and kept up-to-date. You must not assume the identity of another person or furnish account information or an email address that does not belong to you. Your account must not be utilized for any unlawful or unauthorized purposes. Furthermore, you are obligated to adhere to all applicable laws in your jurisdiction while using the Service. Please note that Studio Fly retains the right to decline service in cases where inaccurate account information is provided.

LAWFUL PURPOSES

You may utilize the Site and Service exclusively for lawful purposes. Your account must not be employed for any unlawful or unauthorized activities, and you are obliged not to contravene any laws applicable in your jurisdiction while using the Service. You hereby agree to assume financial responsibility for all purchases carried out by you or on your behalf through the Site. Furthermore, you commit to employing the Site and making service or product purchases through it solely for legitimate, non-commercial purposes. It is prohibited to post or transmit through the Site any content that violates or infringes upon the rights of others, is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. This includes content that contains harmful formulas, recipes, or instructions or encourages activities that could lead to criminal offenses, civil liability, or violations of the law.

REFUSAL OF SERVICE

We believe in creating a positive and enjoyable experience for all our users. Therefore, we reserve the right to refuse service to any order, person, or entity, although we may not always provide specific reasons for doing so. To ensure the best possible learning environment, we may also limit the number of participants in certain online courses or workshops, aiming to provide quality and personalized attention to all. In our ongoing quest for improvement, please be aware that we may make changes or updates to the Site or Service as needed, and we'll do our best to keep you informed throughout the process.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. If you've opted for a month-to-month subscription with us, please be aware that your subscription will automatically renew, and the fees specified at the time of your initial purchase (or the introductory rate during the introductory period) will be charged to your credit card. Prices may be subject to change with a thirty (30) days written notice
provided before any such adjustments. Your subscription will commence immediately upon successful credit card processing. If you've enrolled in a membership agreement with us, please note that your subscription will automatically renew, and the fees specified at the time of your initial purchase (or the introductory rate during the introductory period) will be charged to your credit card. Prices may be subject to change at the conclusion of your subscription period, with a
thirty (30) days written notice provided prior to any such changes. Your subscription will commence immediately upon successful credit card processing. If you've registered for or purchased an online course or workshop, please note that receiving confirmation of your order and payment does not guarantee immediate acceptance into the course or workshop. We will send a separate email to confirm your successful enrollment in the course or workshop.

TERMINATION

Agreements can be terminated without incurring liability to the party initiating the termination under the following circumstances: (i) The Consultant may terminate the agreement with five (5) days' written notice if the Client fails to make timely payments of any Fees or fulfill any other obligations outlined in the Agreement; or (ii) Either party can terminate the agreement with thirty (30) days' written notice in the event of a material breach of this Agreement by the other party, provided that the breach remains unresolved within the thirty (30) day period.

REFUNDS

The Consultant aims for the Client's satisfaction with their purchase of any Studio Fly course or program while emphasizing the importance of the Client's commitment to applying the strategies within the course or program. For our coaching programs lasting three (3) months or more, we offer a 3-day refund period starting from the date of purchase. Refunds will not be provided beyond three (3) days after the purchase date. After this initial three (3) day period, all payments become non-refundable, and the Client is responsible for the full payment of the Program fees, regardless of Program completion. It's important to note that the Client's purchase becomes final after this three (3) day period, whether they paid in full upfront or via a payment plan. Unless specified, our program does not operate as a subscription and cannot be canceled during the term. In cases where refunds are approved, they will be subject to a processing and administrative fee not exceeding 5% of the total amount. For our self-paced courses and workshops, all purchases are non-refundable. Buyers acknowledge that once they have gained access to the course material, the Consultant's performance has been fulfilled, and no refunds will be issued. Any requests for refunds or cancellations, program-related questions, or concerns should be directed to our support team at [email protected].

PRODUCT DESCRIPTION

We make every effort to provide an accurate description and display of our Service. However, please understand that while we strive for clarity in explaining the Service, we can't guarantee that the Site is entirely error-free or always up-to-date. Occasionally, we may need to correct errors in pricing and descriptions.
Rest assured, we reserve the right to decline or cancel any order with an incorrect price listing.

MATERIAL YOU SUBMIT TO THE SITE

We want to make sure everyone's creative work is respected and protected. So, please don't upload, post, or share any artwork, photos, or other materials (referred to as 'Materials') that are protected by copyright, trademark, or other proprietary rights without getting the express written permission from the owner of those rights. It's important to know that you're responsible for ensuring that any Materials you share aren't protected by these rights. If there's any copyright, trademark, or proprietary right infringement, or if your submission causes any harm, you'll be held liable, and you'll also need to compensate Studio Fly for any claims arising from the Materials you posted on the site.When you submit Materials to the Site, you automatically declare that you have the necessary authority to use and distribute them, and that doing so won't violate any laws, rules, regulations, or the rights of third parties. We also reserve the right to remove any Materials from the site if we find them inappropriate or if they seem to go against these terms.

EARNINGS DISCLAIMER

When we talk about financial matters on our websites, videos, newsletters, programs, or any other content, we want to be upfront with you. We've put a lot of effort into making sure we accurately represent our programs and how they can help your business and life. However, it's important to know that we can't guarantee specific results or earnings from using our ideas, tools, strategies, or recommendations. Nothing on our Sites is a promise or guarantee of future earnings.We want you to understand that when you use Studio Fly's products, you're doing so at your own risk. By purchasing any of our products, you accept and agree that your progress and results are entirely your responsibility. We don't make any verbal or written representations, warranties, or guarantees about your earnings, business profits, marketing performance, audience growth, or any results you might achieve. It all depends on various personal factors like your skills, knowledge, dedication, and financial situation.Keep in mind that testimonials or endorsements from our customers or audience are based on their experiences, and results can vary widely. Any statements you find on our websites, programs, content, or offerings are simply our opinions and aren't guarantees of actual performance. Also, please note that we don't provide professional legal, medical, psychological, or financial advice.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

At Studio Fly, we respect your ownership of the material you share with us. When you post Material on our site, you grant Studio Fly an irrevocable, worldwide license to use and share the posted Material in connection with Studio Fly's website and related publications. This means we can showcase your content on our platform, but you still maintain ownership and any other rights you rightfully have in the content you submit through our Service. By sharing Material with Studio Fly, you also agree to protect Studio Fly from any claims, liabilities, or expenses that may arise from potential or actual allegations of copyright or trademark misappropriation or infringement against you.

OUR INTELLECTUAL PROPERTY

All the awesome content you find on the Site and in the Service, including our products and everything in our online courses and workshops, is the creative brainchild of Studio Fly. Our content is protected by United States trademark, trade dress, and copyright laws. To put it simply, you can't tweak, publish, share, create spin-offs from, distribute, display, copy, or use any part of the content from the Site or the Service without our prior written permission. Also, please don't remove any trademark, copyright, or other notices from our content.If we catch you breaking these rules and messing with our intellectual property, we reserve the right to promptly kick you out of the Service without a refund and pursue all available legal actions against you. In short, let's keep things fair and not go around taking stuff that isn't ours.

CHANGED TERMS

We might need to make changes to these Terms and Conditions from time to time. When we do, these changes become effective immediately after we notify you by posting the updated Terms and Conditions right here on this Site. If you keep using the Site or Service after being informed about these changes, it means you're cool with them.

We also reserve the right to update different parts of our Site and Service, including these Terms and Conditions, whenever necessary. We'll always share the most recent versions on the Site and make sure to note the effective dates on the relevant pages of our Terms and Conditions.

LIMITATION OF LIABILITY

We want to keep things straightforward, so here's the deal: We're not responsible for any type of damages that might happen while you're using the Site or Service. This includes direct, indirect, incidental, consequential, special, or any other kind of damages. Also, Studio Fly isn't liable for damages related to things like (i) any technical issues, attacks, interruptions, viruses, or system failures; (ii) losses in revenue, expected profits, business, savings, goodwill, or data; and (iii) any third-party actions involving your information or property, even if it's our fault. This applies whether it's due to negligence, gross negligence, or any other legal theory. However, some states don't allow us to exclude or limit liability for certain damages, so if you live in one of those states, our liability is limited to the fullest extent permitted by law. In no case will our total liability to you exceed the total purchase price of the Service you bought from us. And if you haven't made any purchases from us, our total liability to you won't go beyond $1.

THIRD PARTY RESOURCES

You'll find links to other websites and resources on our Site and through the Service. It's important to understand that we're not in charge of these third-party websites or what they offer. We can't guarantee they'll always be available, accurate, or have the content and policies you expect.Just because we have links to these websites doesn't mean we endorse or are affiliated with them in any way. When you use these websites or resources, you're taking full responsibility for it, and you're aware of any potential risks that might come with it

INDEMNIFICATION

You agree to protect us and cover any losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, including legal fees, as well as any third-party claims and legal actions that might arise from your breach of these Terms and Conditions or your use of the Site or Service. If we need your assistance to defend against any of these, you'll provide it at no cost, which might include sharing information, documents, records, and granting reasonable access to you as needed. You won't settle any third-party claims or give up any defenses without getting our written consent first.

EFFECT OF HEADINGS

The titles and headings of the sections and subsections in this Agreement are provided for convenience and won't change how any of the rules in it are understood or applied.

WAIVER

No waiver of any of the provisions of this Agreement by Studio Fly shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Studio Fly.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: Studio Fly, 2901 Centennial Olympic Park, Austin TX 78732.

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be interpreted and governed by the laws of the State of Texas, as applied to contracts executed and performed entirely in Texas. The exclusive venue for any arbitration or court proceedings related to or arising from this Agreement shall be in Austin, Texas. The parties agree to make an effort to resolve any dispute, claim, or controversy arising from or related to this Agreement through mediation. Mediation will be conducted following the mediation procedures of The CPR Institute for Conflict Prevention & Resolution, or any other procedure agreed upon by the parties. Both parties also acknowledge that their genuine participation in mediation is a prerequisite for pursuing any other available legal or equitable remedies, such as litigation, arbitration, or other dispute resolution methods.

RECOVERY OF LITIGATION EXPENSES

If there's ever a need to take legal action or go through arbitration or any other legal process to enforce this Agreement or resolve a dispute related to it, the party or parties that succeed in that process can ask for reasonable attorney's fees and other costs incurred during the action or proceeding. This is in addition to any other remedies they might be entitled to.

SEVERABILITY

If a legal authority, such as an arbitrator or court, finds any part of this Agreement to be invalid, void, or unenforceable, the rest of the Agreement will still be fully effective and won't be influenced, diminished, or invalidated in any way

ASSIGNMENT

These Terms and Conditions apply to and are legally binding for the parties and their future legal successors and beneficiaries. However, you are not allowed to transfer, assign, delegate, or sublicense these Terms and Conditions to anyone else. Any attempt by you to do so is considered invalid.