Terms & Conditions

HBHQ Inc. Terms & Conditions

Thank you for visiting a HBHQ Inc. website, including but not limited to, haley.mykajabi.com, scalabilityfactor.com, scalabilitylounge.com, profitplanner.co and marketbeautifully.com, (collectively, the  “Website").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website. The materials contained in this Website are protected by applicable copyright and trademark law.

Use

Your access to and use of this Website is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

You are granted a fully revokable license to use the materials (information or software) on HBHQ Inc., formerly known as Profit Planner LLC, (collectively, the “Owner”) website 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); attempt to decompile or reverse engineer any software contained on the Website; remove any copyright or other proprietary notations from the materials; 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 Owner at any time. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated. 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.

By accessing this Website, you agree that you will not use what you have access to here to create a competing website, product, or service; and, that you will not create any work that compiles or derives from what you have access to here; and, that you will not use this Website or services in any manner that violates this agreement or any local, state, federal, or international laws.

Owner Products

Owner products include but are not limited to: the Scalability Lounge, the Profit Planner Lounge, Recurring Profit Program (“RP”), CEO Vibes Podcast, Scalability Show Podcast.

As of May 22, 2019, the ‘Profit Planner Lounge’ is now the ‘Scalability Lounge’. All content and terms remain the same and only the name has been changed. Collectively they will be referred to herein as the “Lounge”.

Membership Site Terms and Conduct

Upon joining either the Lounge, RP, or any other products you will be given access to a members' only area of Owner’s Content Library inside Kajabi.com (“Kajabi”) via secure link and login using an email and password. You agree to not share your login credentials or the secure link with anyone for any reason. You will not share your username and password with any person who did not pay for access to these programs. You also agree that you will not sell access to these programs and will not sell any of its content without written permission.

Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.

You understand and agree to not place an unreasonable burden on the server hosting this Website or membership site, to not interfere with the running of this Website and to not attempt unauthorized access to any portion of this Website.

You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.

Refund and Return Policy

Due to the digital nature of our products and services, Owner WILL NOT offer any refund or returns for any products or services sold for any reason. If you have any questions about our Refund and Return Policy, please send an email to support@scalabilityfactor.com and we will be happy to assist you.

Membership Types

The Lounge offers 2 membership types:
1. Annual Membership that is paid all at once, recurring once every 12 months; and
2. Monthly Payment options for the Annual Membership that is split into 12 equal monthly payments, charged on a recurring 30-day basis.

RP offers 2 membership types:
1. Annual Membership that is paid all at once and covers 12 months of access to the Program; and
2. Monthly Payment Plan for Annual Membership that is split into 12 equal monthly payments, charged on a recurring 30-day basis.

Annual Membership is defined as valid for 365 days from the date of purchase/joining. 

For the Lounge, as of October 2019 Lifetime Membership is no longer a membership option. Lifetime Membership is defined as for the life of the product. Owner reserves the right to discontinue any product or service at any time for any reason. Any previous purchases of this type of  membership will continue in perpetuity until this product is discontinued or disabled.

 

Recurring Payments

All completed purchases for any Monthly Payment offer towards your Annual Membership includes your agreement to participate in the 30-day cycle of recurring payments associated with your Annual Membership.

You understand that you are responsible for any missed or failed payments due to canceled, changed, or altered payment information that you do not provide to us.

Failure to pay does not cancel your Annual Membership payment obligation. If we cannot collect your monthly payment, your membership will be suspended by us and an outstanding balance will be placed on your account. 

You are responsible for all outstanding membership balances whether or not you maintain an active membership. We reserve the right to collect any and all payments due to us using our collection agency.

If you purchased into the Lounge prior to February 6, 2019, and wish to cancel your membership please contact support@scalabilityfactor.com.

If you wish to change your Monthly Payment into an Annual payment, please email us at support@scalabilityfactor.com and we will assist you with the change in your account for the Lounge, or paying off your balance for RP, as outlined in your RP Participant Agreement.

Payments

You represent and warrant that when makes purchases from the Owner that any credit card or payment information you give us is accurate and complete; and, any charges incurred by you will be honored by your financial institution or credit card company; and, you will pay the charges incurred by you, including any and all taxes; and, if your payment method is not honored for any reason, you will still pay any incurred charges, including any surcharge we may incur due to the failed payment.

When you join the Lounge or RP on a Monthly Payment for the Annual Membership, you will pay upfront for the first month in full. You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password).

You hereby authorize the Owner, Haley Burkhead, the  Lounge, and RP to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

Termination of Membership

You may terminate your membership for the Lounge and/or RP on the 365-day anniversary of your initial purchase. Your membership with us is effective until terminated by you or us. We reserve the right to deny any requests for termination or cancellation of your membership between the dates of your initial purchase and the one year anniversary, defined by a 365 day period, of your initial purchase. Your rights found within these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. You agree that upon termination, you will stop representing yourself as a member. Additionally, you must delete or destroy any information or content (including all copies) obtained from the membership website. Copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues survive the termination of any membership.

Disclaimer

The materials on Owners' Website and Kajabi are provided on an 'as is' basis. Owner makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Owner does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Where applicable, the membership site is meant for informational purposes only. It is not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information on the membership site and this web site are at your own risk.

We reserve the right to discontinue or modify without notice or liability, any portion of this website or membership site at any time.

Limitations

In no event shall Owner or its suppliers 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 use the materials on Owner's Website, even if Haley Burkhead or an Owner’s authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of materials

The materials appearing on Owner’s Website could include technical, typographical, or photographic errors. Haley Burkhead and Owner do not warrant that any of the materials on its website are accurate, complete or current. Owner may make changes to the materials contained on its website at any time without notice. However, Owner does not make any commitment to update the materials.

Links

Owner has not reviewed all of the sites linked to the Website or Kajabi and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Owner of the site. Use of any such linked website is at the user's own risk.

Modifications

Owner may revise these terms of service for the Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these terms of service.

Contacting Us

You may contact us at any time via email by emailing support@scalabilityfactor.com

Severability

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Owner with respect to this Website and supersedes all prior or contemporaneous communications between you and Owner with respect to this Website. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of the State of Texas and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location. You hereby consent to binding arbitration in the State of Texas to resolve any disputes arising under this Terms and Conditions.

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

Last Updated: December 18, 2019

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