Revised: February 2019
- Your Rights Under This Agreement
- General Usage
- Definitions and Interpretation
- The Service
- Your Data
- Trial period
- Subscription Expenses
- Limitations and exclusions of liability
- Data Protection
- Force Majeure Event
- Further Inquiries
Your Rights Under This Agreement
- You can give this system a good run and be given a full 30 days to do so.
- You can upgrade, downgrade, or cancel at any time.
- If your 30-day trial ends or your tuition fails, your account will NOT be purged until after 60 days of no activity in order to make room for someone else.
- Your educational package is specifically designed for where you are now with what you want to achieve … not something to try, but rather, something to do.
- If you have questions, they will be heard and answered.
- If you need guidance or support, or have requests or suggestions on how CFGPS could be better for you, they will be heard and answered.
- If you find a bug, you can expect it to be fixed QUICKLY.
- CFGPS will continue to get more sophisticated and comprehensive.
- Your data is yours, its privacy and security are taken very seriously.
- You can cancel at any time, just a few clicks, self-serve, with no fuss.
- You will be related to as a person, not a number.
- You are encouraged and rewarded for sharing this good news with others.
- Unfortunately, if you cancel your subscription, any potential refunds are limited to pre-covered subscriptions and you relinquish any further benefit of the CFGPS Rewards Programs.
You acknowledge and agree that CFGPS will not in any way be held responsible for the accuracy, completeness or relevance of the data input provided by you.
You acknowledge that CFGPS will not be held responsible or liable for any business decisions that you may make to your personal or business operations or strategies as a consequence of the data output of the Service.
You acknowledge and agree that the data output of the Services is as accurate, complete and relevant as a function of the data provided by you.
You acknowledge and agree that you alone are responsible for understanding and interpreting the data output of the Services and further acknowledge and agree that the Services does not purport to provide, nor does any data output constitute, any business advice, guidance or recommendations whatsoever.
Given the forgoing, it is why you have expressed your desire to invest in your education and work with a CFGPS coach to help you navigate the journey according to the following terms and conditions.
Definitions and Interpretation
How specific terms in the context of this Agreement are defined:
- “Agreement” means this Agreement between us and you for the provision of the Service as a service, incorporating these terms and conditions and any amendments to this Agreement from time to time;
- “Defects” means defects, errors or bugs having adverse effect on the appearance, operation or functionality of The Service;
- “Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet, including hacker attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars;
- “Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights, and the “intellectual property rights” referred to above include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs;
- “The Service” means the coaching and software known as CFGPS that is owned and operated by us and that will be made available to you as a service via the internet under this Agreement;
- “Services” means all the services provided or to be provided by us to you under this Agreement. For example, the core Service is a once only 6-month access to The Service. Add-on Services means optional additional functionality or supplemental user access (e.g., quarterly or annual check-ups).
- “Subscription Expenses ” means the amounts provided by you to cover your educational expenses under or in relation to this Agreement;
- “Upgrades” means new versions of, and updates to, The Service, whether for the purpose of fixing an error, bug or other issue in The Service or enhancing the functionality of The Service;
- “us” “we” “our” “ours” refers to the thecashflowadvisor.com (“The CashFlow GPS”), thecashflowgps.net, the integration of other third-party software analytics tools and including any of our employees, officers, subsidiaries, agents and affiliates, a social enterprise organization collectively managing the joint adventure by the trustee, Kings Counsel & Trust, a limited company (Document ID L05000077325 ) for the benefit of the Kings Counsel & Trust Family Office, having its registered office at 4700 Millenia Blvd., Suite 175, Orlando, Florida 32839;
- “You” “your” means an individual, head of household, sole proprietor, trust, partnership, company, foundation, or other organization which has a CFGPS account;
- “Your Data” (also, “Personal Data “) relates to your all works, data and materials uploaded to, stored on, processed using or transmitted via The Service by or on behalf of you or by any person or application or automated system using your account and/or otherwise provided by you to us in connection with this Agreement.
The reference to The Service and the Services on our website constitutes an “invitation” of The Service and the Services to “get free and stay free.” Your express consent is an expression of your desire to invest in your education and constitutes an acceptance of a private contractual opportunity. No contract will exist between us and you until and unless we have accepted your registration, application and tuition.
In order to enter into this Agreement, you must create an account on our website platforms and log-in. If you have elected a free consultation, this will last for the agreed free-trial period. When the free period comes to an end, you will be required to set up some form of online card remittance instructions to gain permission to access and continue use of The Service. See the 30-Day Trial Assurance for details.
Before you submit your information, you will have the opportunity of identifying whether any input errors have been made via your set-up and edit functions. You may correct any input errors at that time.
Once you have engaged and we have accepted your request to use The Service, we will make available The Service to you by setting up a secured account and providing you with login details for that account.
Except to the extent mandated by applicable law or expressly permitted in this Agreement, you must not sub-license or allow any unauthorized person to access or use The Service, you must not frame or otherwise re-publish or re-distribute The Service and you must not alter or adapt or edit The Service as expressly permitted by this Agreement.
As to the avoidance of doubt, you have no right to access the object code or source code of The Service, either during or after your subscription period. All Intellectual Property Rights in The Service shall, as between the parties, be the exclusive property of ours, or other third parties, as the case may be.
You shall ensure that no unauthorized person or automated system (including without limitation scraping, data mining, data extraction, data harvesting, or programs) will or could access The Service using your account. You must not use The Service in any way that causes, or may cause, damage to The Service or impairment of the availability or accessibility of The Service, or any of the areas of, or services on, The Service. You must not use The Service in any way that is unlawful, illegal, fraudulent or harmful.
You must not use The Service to provide any legal, financial, investment, taxation, accountancy, medical or other professional advice or advisory services.
From time to time we may apply Upgrades to The Services.
You grant to us a non-exclusive license to store, copy and otherwise use your data for the purposes of operating The Service. All Intellectual Property Rights of your data will remain, as between the parties, the property of you. You warrant to us that your data, and their use by us in accordance with the terms of this Agreement, will not breach any laws, statutes, regulations or legally-binding codes, infringe any person’s Intellectual Property Rights or other legal rights or give rise to any cause of action against us or you, or any third party.
Where we suspect that there has been a breach by you, we may suspend any or all of The Services and/or your access to The Service while we investigate the matter.
The trial period will run as per detailed in our website. If more than one subscription account is desired, there are relative subscription expenses you will cover with each additional account. Only one free trial per subscription is permitted. See the 30-Day Trial Assurance for details.
Remittance for The Services are provided on a subscription basis as detailed in our website. The economic value of each is quoted in US Dollars. From to time to time, we may vary the Subscription Expenses by giving you not less than 30-days written notice of the variation. Should you shift from one program to another, your new subscription will take effect immediately with your existing subscription remaining valid until the end of its period.
Subscription Expenses must be provided in advance as per your set up instructions. Any amount less than the agreed-upon value in connection with this Agreement, will trigger a suspension of your access to The Service. If after 30 days you have not honored your subscription commitment, we have the right and may delete all data pertaining to you.
Summary statements will be available, via your account, for Subscription Expenses honored to date. A maximum of 12 months will be made available.
You acknowledge and agree that the acquisition of The Services is a recurring monthly subscription entitling you to access The Services for a recurring 6-month period, and subject to optional subscriptions elected by you at the anniversary date of your primary subscription. See Subscription Instructions and Rewards Programs for details.
With the exception of any Add-on Services, you acknowledge and agree that The Services cannot be purchased pro rata for any period less than 6 months. Prior to the expiration of the 6-month access period, you will be notified by email on or before the expiration date to elect one or more optional Add-on Services for your continued use.
You acknowledge and agree that you will not be entitled to any reimbursement or partial refund of the subscription value based on you failing to use or access the Service for the full 6-month period. You can cancel your subscription at any time, stopping all future recurring payments to your account. You also acknowledge that account closure will not incur an automatic refund for unused Services or the remainder of the current 6-month period.
In the event of extenuating or special circumstances, you are encouraged to contact our support staff to discuss your situation and eligibility for a reimbursement proportional to your circumstances. All disputes, refunds and questions can be lodged directly via the Contact Us page on the CFGPS website and will be handled on a case-by-case basis. You acknowledge that the decisions made by our support staff are final, and that every effort has been made by both parties to resolve the situation to the satisfaction of both parties.
You acknowledge and understand that you have the lawful right and authority to enter into and perform your obligations under this Agreement.
We acknowledge and understand that we have the lawful right and authority to enter into and perform our obligations under this Agreement and that The Service will perform substantially in accordance with its intended use.
You acknowledge and understand that no software is ever wholly free from defects, errors and bugs, and therefore cannot give any assurance or representation that The Service will be wholly free from such defects, errors and bugs, nor can we assure or represent that The Service will be compatible with any application, program or software application, and that we will not and do not purport to provide any legal, taxation, investment advisory, or accountancy advice under this Agreement or in relation to The Service, and we do not assure or represent that The Service will not give rise to any civil or criminal legal liability on the part of you or any other person.
All of the parties’ acknowledgements, representations and assurances in respect to the subject matter of this Agreement are expressly set out in the terms of this Agreement. To the maximum extent permitted by applicable law, no other assurances or representations concerning the subject matter of this Agreement will be implied into this Agreement other than expressly indicate in our 30-Day Trial Assurance to you.
You agree to hold harmless and will indemnify and will keep indemnified us against all liabilities, damages, losses, costs and expenses including legal expenses and amounts paid upon legal advice in settlement of any disputes suffered or incurred by us and arising as a result of any breach by you.
Limitations and exclusions of liability
Nothing in this Agreement will limit or exclude the liability of a party for death or personal injury resulting from negligence; limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; limit any liability of a party in any way that is not permitted under applicable law; or exclude any liability of a party that may not be excluded under applicable law.
We will not be liable in respect of any loss of profits, income, revenue, use, production or anticipated savings, for any loss of business, contracts or commercial opportunities, or for any loss of or damage to goodwill or reputation, or in respect of any loss or corruption of any data, database or software or in respect of any special indirect or consequential loss or damage. This includes any losses or damages arising out of a Force Majeure Event.
Our liability in relation to any event or series of related events will not exceed the total amount paid by you under this Agreement during the month period immediately preceding the event or events giving rise to the claim.
You warrant that you have the lawful right to disclose all Your Data and that it does in fact disclose to us under or in connection with this Agreement.
We warrant that we will act only on instructions from you in relation to the processing of any Your Data performed by us on behalf of you and that we have in place appropriate security measures (both technical and organizational) against unlawful or unauthorized processing of Your Data and against loss or corruption of Your Data processed by you on behalf of you.
We may terminate this Agreement immediately by giving written notice to you if you commit any material breach of any term of this Agreement if the breach is not remediable or if the breach was remediable, but you failed to remedy the breach within 30 days of receipt of a written notice requiring you to do so, or for persistent breaches of the terms of this Agreement, regardless of whether such breaches collectively constitute a material breach. If we stop or make a good-faith decision to stop operating The Service generally, then we may terminate this Agreement by giving at least 30 days’ written notice of termination to you.
We reserve the right to terminate this Agreement immediately, for any reason including but not limited to: if you become bankrupt, go into liquidation, become or are declared insolvent or cease to conduct all (or substantially all) of your business or you become unable or fail to pay your debts and other obligations as they fall due.
You may terminate this Agreement by going to the Cancel Subscription of the website. This will result in access suspension and the ultimate deletion of your data. It will also ensure that no further remittance is received from you. No refunds will be due to you. Any outstanding amounts due by you will remain and must conveyed. No other method of account termination will be accepted.
Within 90 days of termination of this Agreement, we will irrevocably delete from The Service all Confidential Information relating to you. We may retain any document (including any electronic document) containing your Confidential Information after the termination of this Agreement if obliged to do so by any law, regulation or other rule enforceable against us or the document in question is a letter, fax, email, order confirmation, receipt or similar document addressed to us.
Any notice from you given under this Agreement, other than that of termination by you, must be in writing and must be delivered personally or sent by recorded signed-for post for the attention of the relevant person and to the relevant address as per the contact details in the website. A notice will be deemed delivered as of the date of signing of the return receipt or the first date of a refusal to sign.
Force Majeure Event
Where a Force Majeure Event gives rise to a failure or delay in either party performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure Event. A party who becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, will notify the other and inform the other of the period for which it is estimated that such failure or delay will continue. The affected party will take reasonable steps to mitigate the effects of the Force Majeure Event.
No breach of any provision of this Agreement will be waived except with the express written consent of the party not in breach. If a Clause of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other Clauses of this Agreement will continue in effect. If any unlawful and/or unenforceable Clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the Clause will continue in effect, unless that would contradict the clear intention of the parties, in which case the entirety of the relevant Clause will be deemed to be deleted.
We reserve the right to makes changes to this Agreement. Changes will be posted on our website and your continued use of The Service will be taken as your acceptance of any such changes. All and any changes can only be made with our consent.
You hereby agree that we may freely assign any or all of our rights and/or obligations under this Agreement to any affiliate of the assigning party or any successor to all or a substantial part of the business of the assigning party from time to time. Except as expressly provided in this Miscellaneous Clause or elsewhere in this Agreement, you may not, without the prior written consent from us, assign, transfer, charge, license or otherwise dispose of any rights or obligations under this Agreement.
This Agreement (and other CFGPS Policies) constitute the entire agreement between the parties in relation to the subject matter of this Agreement, and supersedes all previous agreements, arrangements and understandings between the parties in respect of that subject matter. You will not will have any remedy in respect of any misrepresentation, whether written or oral, made to it upon which it relied in entering into this Agreement.
We agree to the enforcement of this Agreement by use of the American Arbitration Association, instead of the courts with any dispute arising under or in connection with this Agreement. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any qualified state or federal court in the State of Florida.