TERMS OF USE

Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any Kimberly Bagley CPA PLLC dba Simple SORT Academy digital or downloadable resources, online course, class, product, work, or training, or enter any online private forum operated by Kimberly Bagley CPA PLLC dba Simple SORT Academy (for any purpose), whether on a website hosted by simplesortmethod.com or a third-party website such as an online course platform or (collectively “Products”).

If you do not agree with these TOU, you may not use the Products.

As used in these TOU, the term “Releasees” is defined to include the following: (i) Kimberly Bagley CPA PLLC dba Simple SORT Academy its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively “the Company”); (ii) any Company volunteers; (iii) Kimberly Bagley.

PARTICIPANTS

The Products are intended and only suitable for individuals aged 18 and above. Some of the content in the Products may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of 18.

PAYMENTS

If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

If payment is not received when due, the Company reserves the right to terminate your access to the Products and all Content, as defined below, immediately and permanently. If you fail to make any payment in a timely manner or voluntarily withdraw from the Products at any time or for any reason, you will remain fully responsible for the full cost of the Products and all payments in any payment plan you have chosen. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

LIFETIME ACCESS

You'll have lifetime access to the Product you are purchasing for as long as the Product exists. If the Product you purchase is retired (discontinued), you will no longer have access to it. The Simple S.O.R.T. Method™ cannot guarantee that notice will be provided prior to discontinuing a Product.

REFUNDS

Your satisfaction with the Products is important to us. However, because of the extensive time, effort, preparation, and care that goes into creating and providing the Products, as well as the digital nature and immediate access of the Products, we have a no refund policy.

Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Products and no refunds will be provided to you at any time. By using and/or purchasing our Products, you understand and agree that all sales are final, and no refunds will be provided.

Company reserves the right, in its sole discretion, to determine how to address a participant who violates these Terms. Therefore, if a participant disagrees with how the Company addresses another member in breach of these terms and requests a refund, the Company will deny such request.

Furthermore, if a participant violates these Terms, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these Terms. If a participant disagrees with the Company offering another participant a second opportunity to follow these terms, no grounds for a participant to receive a refund would be created, and any request for a refund on this basis shall be denied.

If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these Terms, the Company may terminate your access to the Products without notice and without refund.

Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of the Products, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

INTELLECTUAL PROPERTY RIGHTS

Ownership of Content

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Products, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

The Simple S.O.R.T. Method™'s Limited License to You

If you view, purchase or access any Products or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means you may view, download, print, email and use one copy of individual pages of the Products and Content for your own personal purposes or your own business only.

Sharing any of the Company’s Products is strictly prohibited. You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Products or Content for any purposes, including, any way that earns you or any third-party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Products or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Products or Content shall constitute infringement. You must receive our written permission before using any of the Products or Content for your own commercial use or before sharing with others. The trademarks and logos displayed on the Products or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.All rights not expressly granted in these terms or any express written license, are reserved by us.

Unauthorized Use

Your use of any materials found in the Products or Content other than that expressly authorized in these TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Products in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Products, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use. You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us to obtain injunctive relief, without bond, in addition to all legal remedies.

Your License to The Simple S.O.R.T. Method™; Use in Testimonials and Marketing

By posting or submitting any material during your use of the Products such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of the Company’s current or future Products and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Products, without compensation to you at any time, now or at any time in the future.

You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Products or in our Content at any time for any reason.

This means you give the Company permission to use anything you submit or post in your use of the Products or any third-party forum or website operated by the Company, or anything captured by the Company during your participation in the Products, including images in which your face is visible and recognizable.

Request for Permission to Use the Content

If you wish to use any of the Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by sending an e-mail to [email protected].