Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR WEBSITE. These Terms of Service define the terms by which you may use the Sproutpoint.com website (“Website”), and are an agreement between you and Sproutpoint Consulting LLC, a Wyoming limited liability company which has a principal business address of 501 S. Cherry Street, Suite 1090 Denver, CO 80246 (“Company”) (Company and Website are collectively referenced as “we” or “us”). By using this Website, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Service, as well as any applicable laws hereunder. You should not use this Website, if you do not agree to these Terms of Service.
1. Our Services
Sproutpoint Consulting is a business dedicated to advising entrepreneurs, business owners and health care professionals in the development and growth of their business and life skills. Our business not only makes available educational content to our members, but we also provide direct coaching and consulting services upon request.
To access certain features of this Website, you may need to register and create an account. When you register, you will be asked to provide your name, address, specialty, and email address. You may also be asked to provide financial information such as a credit card number and your three (3) digit security code. All information provided by you in your registration must be accurate and complete, and you must maintain an accurate email address with us on file at all times.
If you register, you may also be required to select a password. You should not disclose your password to any third party. You are solely responsible for keeping your password confidential and for the activity that occurs on your account. We will never ask you to send your password or other sensitive information to us in an email or to enter it via any website other than one with the URL of www.Sproutpoint.com. If you suspect any unauthorized use of your account or access to your password, please change your password immediately and contact us. Please notify us immediately of any unauthorized use of your password or account or any other breach of security.
We may suspend or cancel your registration without notice if we have any reason to believe that you are not eligible to use this Website, that the information you have provided is inaccurate, incomplete, or that you have failed to comply with the Terms of Service, without limiting any other remedies to which we may be entitled. Furthermore, if we consider you to have committed fraud or any illegal activity, we may report you to the appropriate law enforcement authorities.
3. SUBSCRIPTION-BASED CONTENT
We may offer subscription-based content to our registered users. Registered users may elect to purchase a monthly or annual subscription at our then-published prices at our Website (registered users who sign up for subscriptions shall be known as “Subscribers”). The first payment will be due when you first subscribe to our services, and then each subsequent payment will be due on renewal of the subscription. We will grant to each Subscriber a non-exclusive license for the period of your subscription to (a) download, use, and display subscription content on up to three personal workstations for your use only; (b) print out a single hard copy of the subscription-based content for your use only; and (c) to make a single back-up copy of any content that you download to your workstation for archival and contingency purposes only. You will have the right to cancel any subscription on at least fifteen (15) days prior notice in advance of the expiration of a monthly subscription or on at least sixty (60) days prior notice in advance of the expiration of a monthly subscription. Your license to subscription content will immediately cease and termination upon cancellation of that subscription and you will have no further right to use such content.
4. PRODUCT SALES; GUARANTEE; REFUNDS
(a) Product Sales. We offer products for sale on our Website, including but not limited to audio and video recordings of our seminars and printed content. All prices are listed on our Website and will be subject to our money back guarantee and refund policies.
In addition, we may link from time to time to third party books that we recommend in the Amazon bookstore. Any books that we link to on the Amazon.com website will be subject to the prices, terms, and refund policies established by Amazon.com.
(b) Money-Back Guarantee. If you are dissatisfied with any product purchase you make on our Website for any reason, we will refund the full purchase price to you, provided that you return the product in accordance with our Return Policy set forth below and request your refund within thirty (30) days following your purchase. All refunds shall be credited back to the applicable credit or debit card used in the purchase.
(c) Return Policy. If for any reason you decide to return a product that you purchase, then you should contact us to request a return authorization form. You will be required to return such product in it original, good-as-new condition, and in its original packaging. You will have thirty (30) days following the receipt of your return authorization form to deliver the return to our designated address, which is Sproutpoint Consulting LLC, 501 S. Cherry Street, Suite 1000 Denver, CO 80246.
5. LIVE EVENT SALES
We may offer registration for live events from time to time at the prices then-listed on our Website. In the event that you register for a live event and a scheduling conflict arises, you will be entitled to cancel your attendance at the event at your sole discretion, but we will only provide refunds of previously paid registration fees as follows:
if cancelled at least thirty (30) days prior to the date of the event, you will receive a full refund of previously paid registration fees;
if cancelled at least fifteen (15) days prior to the date of the event, you will receive a fifty percent (50%) refund of previously paid registration fees; and
if cancelled fifteen (15) days or less prior to the date of the event, you will receive no refund on previously paid registration fees; provided, however, you will have the right to register to attend the event at no additional charge when we offer the same event again.
6. COACHING AND CONSULTING SERVICES
We make available coaching and consulting services, which we offer at our then-current consulting and coaching rates. All coaching and consulting services will be provided by our coaches and consultants pursuant to a separate agreement that we will enter into with you.
We accept as payment PayPal and all major credit cards, including VISA, MasterCard, and American Express. All payments are due in full prior to the delivery of any product or service.
8. INTELLECTUAL PROPERTY
We or our licensors own all intellectual property on this Website, including but not limited to any trademarks, service marks, and logos (“Marks”); any content (such as text, images, audio, and video files); code; design features; and databases. You may not reproduce, display, copy, distribute, or otherwise use for any commercial purposes any portion of this Website without our permission or the permission of our licensors as appropriate. In particular, it is expressly prohibited to use commercially any copyrightable material or Marks on this Website on any third party website without first entering into a license with us, which expressly authorizes the intended use of the copyrightable material or Marks.
The content that we distribute by subscription or through our live events, products, and coaching and consulting services contains trade secrets, know-how, and information proprietary to this Company (“Proprietary Information”). You expressly agree to maintain all Proprietary Information in confidence and to refrain from disclosing such Proprietary Information to any third party.
9. COMMENTS AND OTHER SUBMITTED CONTENT
Our Website enables registered users to make comments and upload content to the Website. We also accept advertising from third parties. (together, comments and uploaded content and advertising shall be referenced as “Content”).
If you provide Content to us for advertising purposes or for any other reason, then you warrant and represent that your Content is appropriate for our Website and not illegal, obscene, threatening, harassing, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable, and that the Content does not constitute or contain viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You hereby grant to us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable right to use, reproduce, adapt, publish, translate, create derivative works of, distribute, and display such Content on our Website. In addition, for all Content except advertising, you grant us the right to republish all such Content on social media pages and to grant sublicenses to third parties. You also grant us a nonexclusive worldwide license to publish and display any marks that you provide to us on the Website. We reserve the right to monitor and remove all Content at any time without notice, but we have no obligation to pre-screen any content before it goes live on the Website. You are solely responsible for what you post to our Website.
10. Intellectual Property Infringement Complaints
We respect the intellectual property rights of others. If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information:
(a)Identification of the Intellectual Property. The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;
(b)Description of Infringed Right. A description of the intellectual property right that you claim has been infringed;
(c)Location of Infringing Item. A description of where the allegedly infringing item is located on the Website;
(d)Contact Information. Your address, telephone number, and email address; and
(e)Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf, made under penalty of perjury.
11. OPERATION OF OUR WEBSITE
We use commercially reasonable efforts to maintain our Website and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue.
If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:
(a) Description of the Incident. The specific sequence of events which generated the incident, and a full description;
(b)Description of Error Message. The exact wording of any error messages, if applicable; and
(c) Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.
We cannot guarantee that your access to the Website will be uninterrupted, or that the Website will be available at all times. We can assume no liability or responsibility for any delay, interruption, downtime, or loss of content or information.
We use commercially reasonable efforts to ensure that our Website is protected from viruses and other destructive software, but we cannot guarantee that the Website will be at all times free from viruses and destructive software. We urge you to use reasonable case in downloading information from the Website. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website or as a result of downloading from the Website.
We reserve the right to discontinue operation of the Website for any time for any reason in our sole discretion, and to make modifications to the operation of the Website at any time in our sole discretion.
12. Prohibited Uses of the Website
Our Website should only be used for lawful purposes by health care professionals and other users who are interested in the content posted to our Website. We specifically prohibit any other use of the Website, including but not limited to the following:
(a) Impersonation; Misrepresentation: Posting or submitting to the Website any information in which you impersonate or claim to be any third party;
(b) Providing Unauthorized Access to the Website: Disclosing or sharing your password with any third party or allowing such third party access to a password-protected portion of the Website;
(c) Objectionable Communications through Website: Posting content or initiating communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;
(d) Illegal Activity: Using the Website for any illegal purpose;
(e) Disclosing Confidential Information without Permission: Sharing information or initiating communications with information you are under an obligation not to disclose;
(f) Posting Infringing Content: Posting infringing content to the Website;
(g) Tampering with the Website: Taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website’s infrastructure, servers, data, or network or those of any third party via our Website;
(h) Using Unauthorized Search Tools: Using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari;
(i) Uploading Viruses: Posting or submitting any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website or of any computer software, hardware, or telecommunications equipment;
(j) Infringing Intellectual Property in Website: Deciphering, decompiling, disassembling, copying, duplicating, aggregating, or reverse engineering any of the software, content, information, or other materials comprising or in any way making up part of the Website;
(k) Mining Data from the Website: Using any means of automatically searching or mining data from the Website, or in any way attempting to interfere with the proper working of the Website;
(l) Stalking or Harassment: Stalking, harassing, or threatening any user of this Website; or
(m) Harvesting Personal Information: collecting or storing personal information about any user of this Website.
We reserve the right (but do not have the obligation) to suspend users who do not appropriately use the Website. If you become aware of any inappropriate use, please notify us at our email address at email@example.com.
13. third parties
Your business dealings with any third party with whom you connect through this Website are solely between you and such third party. You are solely responsible for conducting your own due diligence prior to entering into a business relationship with any third party linked to our Website. You agree that we will not be responsible or liable for any loss, damage, or other liabilities incurred as a result of doing business with such third parties. You assume the sole risk of loss and liability in doing business with any third parties linked to this Website. In the event that you ever have a complaint against such third party, you should contact such third party directly regarding your issue.
Third parties linked to our Website may have an affiliate marketing relationship with us, in which we may receive a small referral fee in exchange for our referring visitors who are interested in the affiliate’s products or services to the affiliate website. An affiliate relationship shall not be construed as endorsement of the affiliate’s products or services.
Our Website may contain testimonials from other health care professionals and companies who have actually used our services and who have provided a review based on their experiences with the services. All professionals who provide testimonials are required to comply with the Federal Trade Commission’s published Guidelines Concerning the Use of Endorsements and Testimonials in Advertising, as well as any other applicable laws and regulations. We will have no obligation to screen testimonials for compliance, but we reserve the right to remove any non-compliant testimonials from our Website at any time without prior notice. If you provide a testimonial to us, you grant us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable right to use, reproduce, adapt, publish, translate, create derivative works of, distribute, and display the testimonial on our Website and on any social media pages set up to promote our Company, and to grant sublicenses to third parties.
15. LINKING TO OUR WEBSITE
You may link to our Website only upon our express written permission. To seek our permission, please contact us with your request at firstname.lastname@example.org. We reserve the right to rescind any permission granted to any third party and to require you to cease using any link you have established to our Website at any time in our sole discretion.
16. COMPLIANCE WITH APPLICABLE LAWS
You agree to comply with all applicable laws, regulations, and guidelines as they relate to this Website or our Services, our advertising practices (including the FTC’s Guidelines Concerning the Use of Endorsements and Testimonials in Advertising), any Content that you provide to this Website, and any interaction with us generally.
17. Limitation of Liability; Consequential Damages
You agree that Company and Website will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Website, any product or service that you purchase from us or a third party with whom you were introduced through this Website, or your violation of the terms and conditions set forth herein, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).
Our liability to you shall in no event exceed the total aggregate amount of products and services that you purchased from us during the six (6) month period immediately preceding any claim. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.
18. Professional advice Disclaimer
This Website is not intended to establish a professional advisor relationship with any user of our Website.
If you contact us through this Website, you should not send confidential remarks, request specific advice, or ask confidential questions. The Website is a public forum and any comments that you make or submit to us through this Website may be displayed publicly on the forum. Please exercise caution in what you write through this Website. No information submitted electronically to us through the Website or through email will be treated as confidential. By submitting any comments to us, you expressly waive all rights to confidential protection. We can assume no responsibility for the loss or disclosure of information transmitted through the Internet.
The information, advice, materials, and resources that we provide on this Website and through our products and services have been prepared for informational and educational purposes by individuals who are providing their personal opinions based on the facts and circumstances discussed. Any coaching or consulting advice shall not be construed as medical, tax, financial planning, legal, or any other professional opinion. The opinions and advice provided in products, training courses, and coaching and consulting services solely belong to the individuals providing the advice and were rendered based on specific facts, under certain conditions, and were subject to certain assumptions, which shall not be relied upon for any other purposes, including but not limited to use for or in connection with any legal proceeding. We cannot guarantee that any information provided is accurate, up-to-date, correct, or complete. You should not rely on any such information to make medical, business, financial, tax, legal, or other important decisions. If we provide any specific examples of outcomes, please be advised that we cannot guarantee a similar outcome in your case or in the case of a third party. Such outcomes may not be typical for all individuals. No information or advice that we provide is intended to replace the services of a licensed, trained professional, or to be a substitute for the professional advice of a trained advisor.
While we may provide specific examples of outcomes, please be advised that we cannot guarantee you will have a similar outcome. Any statements about potential financial prospects, earnings, resolutions, or outcomes are based upon specific facts and assumptions, which may not exist in your case. Hypothetical results have inherent limitations, and no representation is being made that you are likely to achieve any results similar to what are discussed in the Website and other materials. Any results will be influenced by a variety of factors, including but not limited to the condition of the U.S. and world economy, risks that are known and unknown, your background, dedication, motivation, business skills and practices, and other factors—any one of which could adversely affect actual results. Therefore, we cannot make any assurance that you will achieve any specific results based on taking any specific actions.
The use of this Website and our products and services is at your sole risk. It is your responsibility to research and conduct your own due diligence before making specific decisions, and to seek out the direct advice and guidance of qualified professionals who can advise you about your specific situation and any specific risks that may apply to you personally. You solely assume all risk of loss or damage for any outcomes that result from those medical, business, financial, tax, or legal decisions. We expressly disclaim any responsibility for any loss or damage that you suffer in reliance on any information provided on our Website or through our products and services.
Any testimonials that we publish should be treated as an exceptional result and not the typical result of the average person. We cannot represent or guarantee that you will achieve the same or even a similar result if you adopt the same strategies or use the same information provided in the testimonials. You solely assume all risk of success or failure in utilizing any strategy or information provided on this website.
19. GENERAL DISCLAIMER
We can make no warranty that your access to the Website will be continuous, uninterrupted, bug-free, error-free, virus-free, free of defects, or free of technical problems, or that any information will be accurate or complete. We will, however, use reasonable care to provide uninterrupted, bug-free, error-free service.
TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED. FOR THE AVOIDANCE OF DOUBT, NO CONTENT ON THIS WEBSITE SHOULD BE READ AS AN ENDORSEMENT OF ANY THIRD PARTY OR WEBSITE.
By using this Website, you agree to indemnify, defend, and hold harmless Company and this Website, our respective licensors, affiliates, directors, officers, employees, independent contractors, representatives, agents, and other users against any third party claim arising from or in any way related to (a) your use of this Website or our products and services, (b) any third party and its products and services including all Third Party Sites, and (c) any term or condition of this Agreement that you violate, including but not limited to any liability or expense arising from any and all claims, demands, losses, damages, costs, expenses, suits, judgments, litigation costs, or attorneys fees.
21. RELEASE OF CLAIMS
To the maximum extent permitted by applicable law, you hereby release our officers, directors, employees, independent contractors, representatives, and agents and waive all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to (a) your use of this Website, (b) your purchase of any of our products or services, or (c) your decision to do business with any third party introduced to you through this Website. If applicable, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
22. Eligibility to Use Our products, SERVICES, and website
You are only eligible to use our products, services, and Website if you are an adult, who is at least eighteen (18) years of age, and if you are fully able and competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Service.
We reserve the right to discontinue this Website and our services at any time in our sole discretion. You agree that we may assign these Terms of Service without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business. No waiver of any breach of the Terms of Service, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any paragraph of these Terms of Service is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that paragraph shall be construed to the extent feasible to render the paragraph enforceable and to give effect to the Parties’ intentions as reflected in the paragraph. If no feasible interpretation would save such paragraph, it is to be severed from the remainder of these Terms of Service, which are to remain in full force and effect. The Terms of Service constitute the entire agreement with you and us with respect to the subject matter set forth herein. The paragraph headings and subheadings contained in these Terms of Service are included for convenience only and shall not limit or otherwise affect these Terms of Service.
24. Governing Law; Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflicts of law principles. All disputes arising under this Agreement shall be submitted to binding arbitration under the Rules of the American Arbitration Association in Denver, Colorado by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrators’ fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. If judicial enforcement or review is sought, the prevailing party shall be entitled to costs and reasonable attorney’s fees. All claims you bring against us or the Website must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys’ fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.
25. FEEDBACK and unsolicited materials
we always welcome messages and feedback from users of our Website and products or services; however, if you provide feedback or suggestions to us, or send us unsolicited materials, we reserve the right to use anything you send us for whatever purpose we may choose. By sending us suggestions, ideas, or unsolicited materials, you agree to grant to us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish, and incorporate your messages and feedback into our intellectual property.
26. Contact Us
In the event that you have any questions about these Terms of Service, or that you need further assistance with respect to the access or use of the Website, please notify us at the contact information listed below:
Sproutpoint Consulting LLC
501 S Cherry Street
Denver, CO 80246
Telephone: (720) 524-6474
Fax: (720) 542-8286
27. Effective Date
These Terms of Service were last modified on the 17th of April, 2017.