The following Terms of Use are entered into between You and Jayme Ballard of Cupcakes & Haystacks (“Company”, “we”, or “us”).

The following terms and conditions, together with any documents they expressly mention or incorporate by reference (collectively, “Terms of Use”), govern your access to and use of The Digital Bookmark Template Kit at cupcakesandhaystacks.com, including any content, programs, functionality or services offered through the site or related sites (the “COURSE”), whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the Course. By using the Course or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated by reference. If you do not agree to these Terms of Use including the agreements incorporated documents, you cannot access or use the Course.

This Course is offered and available to users who are 18 years of age or older. By using this Course, you represent and warrant that you are of legal age to form a binding contract with the Company and comply with the terms of this Agreement. If you do not meet all of these requirements, you must stop using the Course.

Cupcakes & Haystacks  (herein referred to as “Company”) agrees to provide The Digital Bookmark Template Kit (herein referred to as “Course”) as identified on the Course. As a condition of purchasing and participating in the Course, you agree to be bound by all the policies and procedures set out in this Agreement, including those incorporated by reference.

A Password Protected Course Area: The Company shall maintain a Course Area that may include various types of content, including video, audio, written lessons, templates, worksheets, checklists, slide decks,  and other training and support materials. You shall have access to this Course Area for as long as the Course Area exists, however no less than 120 days. In the event  that Company intends to close the Course Area, it shall provide you with a 30-day notice and the ability to download the resources contained in the Course Area, which is what is referred to as “Lifetime Access” in any marketing material.

Bonuses: Company may offer bonuses to individuals who sign up for the Course. You shall be entitled to any bonuses offered at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the Course and they vary depending on specific live and automated promotions throughout the year.

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Course.

You understand Company is not serving you as a licensed professional and is not providing accounting, tax, legal, financial, healthcare, therapeutic advice, diagnosis or treatment. You understand that Consultant has not promised and will not; (1) procure or attempt to procure employment or business or sales for You; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for You; (6) introduce You to Consultant’s network of contacts, media partners or business partners; (7) diagnose or treat any illnesses or disease or (8) promise any set of results from the Course. You understand that a relationship does not exist between the parties after the conclusion of this Course. If the Parties wish to continue their relationship, they shall execute a separate agreement that explicitly governs that relationship.

You must pay the balance reflected on the sales checkout page (due immediately).

If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Payment section above. If You pay via ACH, you understand and agree that any and all changes in your account information, including requests to terminate this agreement, must be in writing and be delivered to Company, at the above address, at least twenty-one (21) days prior to the next due date. If the payment due date falls on a weekend or holiday, you understand and agree that the payment may be executed on the next business day. You understand and agree that as this is an electronic transaction, adequate funds must be available for withdrawal from my account by the payment due date. In the case of an ACH transaction being rejected for Non Sufficient Funds (NSF), submission error, or other bank related return reasons, you understand and agree that the company may at its discretion resubmit the ACH debit transaction within thirty (30) days. You understand and agree that, in accordance with the loan documents, a 10% late charge will be assessed if the amount due is not received in good and collected funds by the end of the grace period. You also understand and agree that a return item charge may be assessed for each returned ACH debit. You also acknowledge that the origination of ACH transactions to Company account must comply with provisions of U.S. law and agree not to dispute this recurring billing with your bank so long as the transactions correspond to the terms indicated in this authorization form.

Due to the instant download nature of the Product, refunds aren't accepted. Since you’ll be receiving access to the entire course content instantly, refunds are not available.

The Company respects your privacy and will not disclose any information you provide except as set forth in this Agreement and in the incorporated Privacy Policy. As a condition of participating in the Course, you hereby agree to respect the privacy of other Course participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Course participants outside of the bounds of the Course, in any format, unless you receive express written permission from such other participant to share the information. Similarly, the content of the Course contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided in the Course with anyone other than the Company, it’s owners and employees, and other Course participants.

The Company may provide information from a third party in the form of a podcast guest interview, audio interview, interview on another platform, guest blog post, panel, roundtable, or other format. The Company does not control the information provided by any third-party guest or its truthfulness and cannot guarantee the veracity of any guest information.

Individuals who agree to appear as guests or contribute content in any way to the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.

All content included as part of the Course, such as text, graphics, logos, slides, images, audio, video, templates, as well as the compilation thereof, and any software used in the Course, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You cannot use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Course are the trademarks of their respective owners.

Your participation in the Course does not result in a transfer of any intellectual property to you, and, as a condition of participation in the Course, you agree to observe and abide by all copyright and other intellectual property protection.

You are granted a limited, personal, non-exclusive, non-transferable, license to access and use the Course content and resources for your own personal or internal business use. You hereby agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Course. By ordering or participating in Course/Courses, you further agree that you shall not create any derivative work based upon the Course and you shall not offer any competing products or services based upon any information contained in the Course.

You further agree that:

The Company content is not for resale. Your participation in the Course does not entitle you to make any unauthorized use of any protected content, and in particular you will not remove or alter any proprietary rights, metadata, footnotes, watermarks or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Course will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees. You may also be subject to further penalties or damages as permitted by the fullest extent of the law. You acknowledge that the actual damages likely to result from breach of this Section are difficult to estimate on the date of this agreement and would be difficult for Company to prove. The parties intend that your payment of the Liquidated Damages Amount would serve to compensate Company for any breach by you of its obligations under this Section, and they do not intend for it to serve as punishment for any such breach by You. Each instance of noncompliance with this prohibition constitutes a separate instance of infringement, and subjects You to a payment obligation in the amount of $150,000 USD per infringement, as liquidated damages and not as a penalty.

The Company provides various resources on this Website, which users may access by providing an email address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.

By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide you with access to the Course, for information and educational purposes. The information contained in the Course, including any interactions with the instructors, is not intended as, and shall not be understood or construed as professional advice.

The Company shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in performing any term of this Agreement if caused by acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), server failures, data breaches, data loss or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

You agree to hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Course and/or any information and resources contained in the Course. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Course.

The information, software, products, and service included or available through the Course may include inaccuracies or typographical errors. Changes are periodically added to the information in the Course. The Company and/or its suppliers may make improvements and/or changes in the Course at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Course for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Course, with the delay or inability to use the Course or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Course, or otherwise arising out of the use of the Course, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. If you are dissatisfied with the Course or any portion of it, your sole and exclusive remedy is to discontinue using the Course.

You may not assign this Agreement without the express written consent of Company.

The Company reserves the right, in its sole discretion, to change the Terms under which the Course is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.

The Company reserves the right, in its sole discretion, to terminate your access to the Course and the related services or any portion thereof at any time, if you become disruptive to the Company or other Course participants, if you fail to follow the Course guidelines, or if you otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Course and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Course, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Athens, AL. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Course in any country or territory or in any manner prohibited by any applicable laws, restrictions or regulations

Every effort has been made to accurately represent this product/course and its potential. This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by any platform, including YouTube, Instagram, or Facebook, nor have they been reviewed, tested, or certified by any platform.

There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the individual person using our product, ideas and techniques. We do not position this Course as a “get rich quick scheme."

Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, the individual ideas and techniques mentioned, your finances, knowledge and various skills and time commitment. Since these factors differ widely according to individuals, we cannot guarantee your success or income level. We wish you the best, but are not responsible for any of your actions in using this course/program.

Materials in our products or Course may contain information based upon forward-looking statements within the meaning of the Securities Litigation Reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.

Any and all forward-looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material. Every person is different and every situation is different and success is highly dependent on individual work and fact-specific scenarios. All information is presented "as is" without any guarantees.

Last Updated: 12/19/2023