Terms & Conditions
Effective date: August 3, 2022
TERMS & CONDITIONS AGREEMENT
Welcome!
Tech Stack Playbook™️ & Brian H. Hough, LLC (“Brian H. Hough”) welcomes you. We invite you to access and use our website.
The material appearing on the websites https://www.brianhhough.com, https://brianhhough.mykajabi.com, and www.brianhhough.com/techstackplaybook (“this Site”) is provided as either information about the Company’s events, people, courses, products, programs and stories, or as a platform for online connection and community. The owner of this Site and affiliated Sites and its directors, agents, employees and affiliates assume no responsibility or liability for any consequences resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this site.
Any information by or on this Site is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion whatsoever. Information on the Company’s Sites are provided as is. By using this Site, you accept and agree that following any information or recommendations provided therein is at your own risk.
Please read carefully! Your access to and use of this Site is subject to legally binding terms and conditions which you accept and agree to by accessing this Site.
The following terms and conditions form a binding agreement (“Agreement”) between you and Brian H. Hough, LLC, a company incorporated in Massachusetts. The Company may modify, amend, supplement and replace these terms and conditions at any time without advance notice. Your continued use of this Site after any change means you have accepted the changed terms and conditions.
1. Copyright. All materials created by the Company on the Site are protected by Massachusetts copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to the Company.
2. Links to Third Party Websites. This Site may contain links to third party websites or use third party services. All such linked sites, materials and pages are not under the control of the Company, and the Company is not responsible for the content contained in any linked website nor for any losses or damages you may incur as a result of the use of any such website. The Company accepts no liability for any errors or omissions contained in third party websites. These links are provided to improve your use of the Site, enable you to connect with the Company on various platforms, and help the Company offer the easiest services for you and conduct transactions.
3. Intellectual Property Ownership. If we have materials on the Site which you can download, a revocable, non-exclusive, single license is granted for you to download a single copy of the materials for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
Modify or copy the materials;
Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
Share or transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
If the Company discovers that you have illegally misappropriated or used any of the intellectual property you were granted access to, you will be suspended from any future programs and will seek any all extent of legal remedies and you will be required to cover all legal fees necessary to enforce these rights.
4. Testimonials. We love to share your wins and successes inside our programs. By signing up for our programs and courses and interacting with us online, you waive the right to anonymity and any testimonials including unofficial testimonials and words of praise via Instagram stories, public social media posts on platforms like Instagram, LinkedIn, Facebook, or posts inside our Facebook groups or Discord server, and direct messages with Brian have the potential to be used on our marketing materials and/or any promotional efforts. You understand that all confidentiality provisions apply and that testimonials are the only exception to our confidentiality obligations.
5. Our Refund Policy.
5.1. All digital products offered on our Sites are non-refundable due to the nature of digital products as they cannot be returned.
5.2. Products offered on the site may be purchased separately, and a description of each product is provided next to it.
5.3. By completing the checkout process, the customer agrees to the terms and conditions of customer service.
5.4. The purchase of a digital product grants the customer a licensed, non-revocable, perpetual, and worldwide license to use the product. The customer is not permitted to share or transfer the product under any circumstances. Doing so would be a violation of the Product Policy, Acceptable Use Policy, and Intellectual Property Ownership Policy.
5.5. Only one download per customer is allowed, and redistribution of the product is strictly prohibited.
5.6 Refund Policy Disclaimer: Due to the digital nature of our course, we do not offer refunds for those who do not do their due diligence to ensure the course is the right fit for them. It is the customers responsibility to review our sales page and terms and conditions carefully prior to purchase, use or access to any of our products and online courses. Tech Stack Playbook is a program that is designed to help people learn how to code and get started in tech. The goal of the program has always been communicated in our marketing, such as our webinars, social media, websites, and sales pages that the target audience for this program is new and aspiring coaches. Please note, we do not offer partial refunds for our programs and our exclusive bonuses and course extensions are non-refundable under any circumstances.
6. Being Suspended + Disputed Payments. The Company retains the right to ‘Suspend’ you from accessing any and all materials, courses or other products or services offered in the event that you do not pay your bills, dispute your payments, or if you steal any of our intellectual property. A customer will be removed from the ‘Suspend List’ under the discretion of the Company and under the conditions that the outstanding balance has been paid in full, and that the customer is not eligible for a refund for the remainder of their course access.
6.1 In the event that a customer wants to regain access to our online courses after disputing a payment(s), the customer agrees to pay the Stripe fee for each payment previously disputed. If multiple disputes were filed, the customer must pay for the program upfront in full before regaining course access.
7. Payment Plans. You will have one or two options of payment plans with the Company. You can either pay up-front in full or you can pay in monthly installments. Please note that for monthly payments, Stripe will automatically deduct the amount from the account information you provide Stripe. In the event the payment fails, you will not be able to access any of the information or content sold through our Site or any other of our courses, products or services. In the event of three failed payments, you understand the Company may contract a collection agency to collect the money from you. If you wish to pay off your remaining account balance in full, you can do so at anytime. To be eligible for our discounted pay-in-full price and bonus you must email us before your second invoice is automatically withdrawn. Please note a payment plan is not a membership, in which you cannot cancel at any time. By signing up for our payment plan, you agree to pay the full balance owing of your payment plan.
8. Breaking Payment Plans + Discontinued Payments. In the event that you break your agreed upon payment plan, our team will permit a three month grace period and will actively work with you to get payments back on track. However, after three months of delinquent payments, you will be charged 10% of the monthly payment due for every month of missed payments thereafter, for up to one year. The 10% late fee will only commence after your initial three month grace period.
For example: If you have paid the first three months but then pause your payment plan for the fourth month and fail to get back on track after three months, you will owe 10% for EACH month (up to one year) that your account sits inactive. You will have to pay this amount before you can re-access your account.
8.1 To get back on track with our program after 3+ months of delinquent payments, you must make up for ALL past due payments and late fees. Your access will be re-granted once your entire account is paid off. Please note: As long as your payments are made up within our 2 month grace period, Tech Stack Playbook customers will still receive the full 12 months of access to our program and community. For each delinquent payment beyond our 2 month grace period, this will affect your overall time permitted within our program and course. Lost time cannot be reclaimed.
9. Course Access. As a Tech Stack Playbook™️ customer, your access to our products, program, community, and resources will activate immediately upon purchasing said product or program. Should a product or program require additional onboarding or approval processes, you will be informed of such and we will work diligently to deliver the requested product and resources to you promptly.
10. Course Updates + Bonuses. Our team actively updates our programs to ensure the majority of customers’ biggest roadblocks are anticipated, minimized, and addressed. Customers are automatically granted access to any updates within the Tech Stack Playbook™️ product catalog. Please note, purchasing a product does not grant free access to any future bonuses other than the ones promised to be offered upon the time of enrollment. Bonuses are non-refundable and cannot be exchanged for any other bonuses. Any customers that enroll in our program or purchase a product within 30 days of a new bonus being offered to new customers, we will happily grant you access to this bonus free of charge!
11. No Guarantees. We make NO GUARANTEES about any success that you’ll get from our Site, resources, guides, ebooks, programs, or our courses or any of our free offers. We will do everything for you to succeed, but we make no guarantees since we try our best but can only control so much about your success through our courses. You understand that the Company makes no guarantees whatsoever regarding any results based on any action or inaction relating to your life, social media accounts or businesses based on the information we share or services we sell or share for free through the Site. Ultimately, we will not be responsible or make any promises for what will happen in your life and business. Even if you’ve worked with us as a client before and had certain results, we make no guarantee that they will happen again. We cannot be any more clear about this: We are here for you and want you succeed, but we make no promises regarding results and make no guarantees whatsoever.
12. Entire Agreement. These terms and conditions and any other legal notices, policies and guidelines of the Company linked to these terms and conditions or contained on this Site constitutes the entire Agreement between you and the Company relating to your use of this Site and supersedes any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. This Agreement may not be amended or modified except by the Company.
13. Site Terms of Use Modifications. The Company may revise these terms of use for its website at any time without notice. By using the Site, you are agreeing to be bound by these Terms and Conditions of Use.
14. Limitation of Liability and Indemnity. In no event shall the Company or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to view or use the materials or content on the Site, even if the Company has been notified orally or in writing of the possibility of such damage.
15. Governing Law. Any claim relating to the Company website shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions.
16. Indemnity. As a condition of your use of the Site, you hereby indemnify the Company and its directors and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site.
17. Acceptable Use Policy: We hold a very sensible Acceptable Use Policy, which essentially means you will in good faith at all times honor the sanctity and hard work of the creators of these programs, workshops, resources, ebooks, blogs, and any other relevant information provided therein or in the future. You will never work to subvert or undermine any company or member of this community.
17.a Prohibited activities and uses: You may not use the Website and Services to publish content or engage in activity that is illegal under applicable law, that is harmful to others, or that would subject us to liability, including, without limitation, in connection with any of the following, each of which is prohibited under this Policy:
- Distributing malware or other malicious code.
- Disclosing sensitive personal information about others.
- Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.
- Distributing pornography or adult related content.
- Promoting or facilitating prostitution or any escort services.
- Hosting, distributing or linking to child pornography or content that is harmful to minors.
- Promoting or facilitating gambling, violence, terrorist activities or selling weapons or ammunition.
- Engaging in the unlawful distribution of controlled substances, drug contraband or prescription medications.
- Managing payment aggregators or facilitators such as processing payments on behalf of other businesses or charities.
- Facilitating pyramid schemes or other models intended to seek payments from public actors.
- Threatening harm to persons or property or otherwise harassing behavior.
- Purchasing any of the offered Services on someone else’s behalf.
- Misrepresenting or fraudulently representing products or services.
- Infringing the intellectual property or other proprietary rights of others.
- Facilitating, aiding, or encouraging any of the above activities through the Website and Services.
17.b: System abuse
Any User in violation of the Website and Services security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:
- Use or distribution of tools designed for compromising security of the Website and Services.
- Intentionally or negligently transmitting files containing a computer virus or corrupted data.
- Accessing another network without permission, including to probe or scan for vulnerabilities or breach security or authentication measures.
- Unauthorized scanning or monitoring of data on any network or system without proper authorization of the owner of the system or network.
17.c: Service resources
You may not consume excessive amounts of the resources of the Website and Services or use the Website and Services in any way which results in performance issues or which interrupts the Services for other Users. Prohibited activities that contribute to excessive use, include without limitation:
- Deliberate attempts to overload the Website and Services and broadcast attacks (i.e. denial of service attacks).
- Engaging in any other activities that degrade the usability and performance of the Website and Services.
17.d: No spam policy
You may not use the Website and Services to send spam or bulk unsolicited messages. We maintain a zero tolerance policy for use of the Website and Services in any manner associated with the transmission, distribution or delivery of unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 ("SPAM").
Your products or services advertised via SPAM (i.e. Spamvertised) may not be used in conjunction with the Website and Services. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or newsgroups.
We may terminate the Service of any User who sends out SPAM with or without notice.
17.e: Defamation and objectionable content
We value the freedom of expression and encourage Users to be respectful with the content they post. We are not a publisher of User content and are not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which we may find objectionable, should be censored. However, we reserve the right to moderate, disable or remove any content to prevent harm to others or to us or the Website and Services, as determined in our sole discretion.
17.f: Copyrighted content
Copyrighted material must not be published via the Website and Services without the explicit permission of the copyright owner or a person explicitly authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation. However, we generally require a court order from a court of competent jurisdiction, as determined by us in our sole discretion, to take down alleged infringing material from the Website and Services. We may terminate the Service of Users with repeated copyright infringements. Further procedures may be carried out if necessary. We will assume no liability to any User of the Website and Services for the removal of any such material. If you believe your copyright is being infringed by a person or persons using the Website and Services, please get in touch with us to report copyright infringement.
17.g: Security
You take full responsibility for maintaining reasonable security precautions for your account. You are responsible for protecting and updating any login account provided to you for the Website and Services. You must protect the confidentiality of your login details, and you should change your password periodically.
17.h: Enforcement
We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions, including but not limited to:
- Suspending or terminating your Service with or without notice upon any violation of this Policy. Any violations may also result in the immediate suspension or termination of your account.
- Disabling or removing any content which is prohibited by this Policy, including to prevent harm to others or to us or the Website and Services, as determined by us in our sole discretion.
- Reporting violations to law enforcement as determined by us in our sole discretion.
- A failure to respond to an email from our abuse team within 2 days, or as otherwise specified in the communication to you, may result in the suspension or termination of your account.
17.i: Suspended and terminated User accounts due to violations will not be re-activated.
Nothing contained in this Policy shall be construed to limit our actions or remedies in any way with respect to any of the prohibited activities. We reserve the right to take any and all additional actions we may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Website and Services, and levying cancellation charges to cover our costs. In addition, we reserve at all times all rights and remedies available to us with respect to such activities at law or in equity.
17.j: Reporting violations
If you have discovered and would like to report a violation of this Policy, please contact us immediately. We will investigate the situation and provide you with full assistance.
17.k: Changes and amendments
We reserve the right to modify this Policy or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Policy on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.
17.l: Acceptance of this policy
You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services, or purchasing one of our products, you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Website and Services.
There is so much work that goes into creating this content, keeping the trains moving, and providing real value to the community every day. With that, we expect that you will honor the codes of conduct that make this operation one where people can learn, build skills, provide value, and explore. We are so glad to have you hear and cannot wait to see what you create now and in the future!
Thank you for taking the time to access our site. You may contact us at any time with questions or concerns regarding our Terms & Conditions and Privacy Policy. To do so, please email us at: techstackplaybook @gmail.com.
Last Updated: February 9th, 2023