TheBnbPlaybook Community Agreement & Terms of Service

Last Updated: January 11, 2024

By accessing or using our Services, you signify and agree that you have read, understood, and agree or consent to be bound by these Terms. If you do not agree with or consent to being bound by any of the Terms, you are not authorized to use our Services.

PARTIES

These Terms constitute the entire agreement between you (hereinafter, the “Client”) and TheBnbPlaybook (hereinafter, the “Company”) relating to your access to and use of their Services.

Collectively, the above people entering into this Agreement will be referred to as “the Parties.”

ENGAGEMENT. Client hereby engages Company from the date of execution of this Agreement for the purpose of enrolling in TheBnbPlaybook Program & Community (hereinafter, the “Services”).

DELIVERABLES. Company’s Services will include the following Deliverables:

Membership access to the digital video course, and membership access to the community. Client will have access to any group coaching calls held at any time during their enrollment in the community. Company will provide chat services during their available business hours. Company has the right to revoke access to the chat services or 1-on-1 calls in its discretion if Client abuses the said services. Clients have access to Company via email or course platform messenger during business hours.

NO REFUNDS. Please be advised that Company has a strict no-refund policy. Any funds remitted shall be deemed non-refundable under all circumstances. 

CHARGEBACKS. Client agrees that there will be no chargebacks of any payment made to Company under the terms of this Agreement. The Client will remain responsible for amounts due under this Agreement in the event Client disputes payment with its financial institution. In the event of a chargeback attempt, client expressly agrees to forfeit any and all intellectual property or deliverables afforded to Client in exchange for Client’s purchase of Company’s Services. Company reserves the right to present proof of services and this Agreement to the financial institution investigating the dispute.

CLIENT RESPONSIBILITY. Client is expected to work with the Company and its coaches in this program. Client is expected to be responsible, hold themselves accountable, be open to participation and feedback, provide Company with updates, and communicate honestly.

PROGRAM FOR PERSONAL USE. The program and included materials are for personal and non-commercial use. Client may not use the content or other materials for any commercial purpose or for any noncommercial or commercial public display.

NO REPRODUCTION. Client may not reproduce, distribute, modify, create derivative works of, republish, transmit, sell, resell, or exploit any of the material in the program, except and only except as follows: i) Client may print or download one copy of a reasonable number of pages of the program materials solely for Client’s own personal, non-commercial use; ii) If Company provides desktop, mobile or other applications for download Client may download a single copy to his/her computer or mobile device solely for his/her own personal, non-commercial use.

USER ACCOUNT. If Client is provided with a username, password or any other account information, Client must treat such information as confidential. Client may not provide his/her username, password or other account information to another person or provide any other person with access to the program using Client’s username, password, or other security information. Client agrees to notify Company immediately of any authorized access to or use of Client’s account, username, or password. Client agrees to exit his/her account at the end of each session and exercise caution when accessing an account from a public or shared computer so that others are not able to view or record Client’s personal information.

USER CONTRIBUTIONS. By submitting a comment, photo, video, testimonial or other materials onto our Website, Client agrees that Company has a non-revocable commercial license to republish Client’s submission in whole or in part, unless Client explicitly states in writing that we do not have such permission.

COMPANY CONFIDENTIALITY. The Company agrees not to disclose any information pertaining to Client without Client’s written consent. Confidential Information doesnotinclude information that: (a) was in Company’s possession prior to its being furnished by Client; (b) is generally known to the public; (c) is obtained by Company from a third party, without breach of any obligation owed to Client; (d) is independently developed by Company without use of or reference to Client’s Confidential Information; (e) the Company is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Company and as a result of such disclosure Company reasonably believes there to be an imminent or likely risk of danger or harm to Client or others; or (g) involves illegal activity. Client should also be aware that telephone, email and videoconference are not encrypted methods of communication, and some confidentiality risk exists with their use. Client must raise any confidentiality questions or concerns with the Company in a timely manner.

CLIENT CONFIDENTIALITY. During the course of Company’s performance of Services for Client, Client may receive, have access to and create documents, records and information of a confidential and proprietary nature to Company. This confidential information may include but is not limited to Company work product, coaching materials, company and member financial information, marketing plans and strategies, market research, client and other mailing lists, business transactions, supplier or vendor relationships, contract terms, present and future projects and products, and pricing and cost information, and other information that is not generally known to the public (“Confidential Information”). Client acknowledges and agrees that such Confidential Information is an asset of Company, is not generally known to the trade, is of a confidential nature and, to preserve the goodwill of Company must be kept strictly confidential and used only in the performance of Client’s performance under this Agreement. Client agrees that he/she will not use, disclose, communicate, copy or permit the use or disclosure of any such information to any third party in any manner whatsoever except as otherwise directed by Company in the course of Client’s performance under this Agreement, and thereafter only with the written permission of Company. Client shall notify the Company immediately in the event Client becomes aware of any loss or disclosure of any Confidential Information. Upon termination of this Agreement or upon the request of Company, Client will return to Company all of the Confidential Information, and all copies or reproductions thereof, which are in Client’s possession or control. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Company in a timely manner.

INDEPENDENT CONTRACTOR. Company is retained as an independent contractor and is not an employee or agent of Client. Client acknowledges and agrees that (i) Company is solely responsible for the manner and form by which Company performs under this Agreement; and (ii) Company is a self-employed individual who performs services similar to the services outlined in this Agreement for various entities and individuals other than Client. Company is responsible for the withholding and payment of all taxes and other assessments arising out of Company’s performance of Services, and neither Company nor any of Company’s employees or independent clients shall be entitled to participate in any employee benefit plans of Client.

INTELLECTUAL PROPERTY. Company will retain all ownership rights, including copyright and other intellectual property rights to all Company created content. There shall be no transfer of intellectual property through this Agreement. No license of intellectual property is granted to Client.

NON-DISPARAGEMENT. The Parties agree that they shall not disparage, criticize, or defame the other Party, its affiliates and their respective affiliates, directors, officers, agents, partners, or employees. Nothing in this section applies to any evidence or testimony required by any court, arbitrator, or government agency.

BUSINESS HOURS. Company’s business operating hours are as follows: Monday - Friday 9:00am to 5:00pm MST. All emails will be responded to within twenty-four (24) hours during Business Operating Hours. If communication is made to Company during the weekend, it will be addressed the following Business Day. Company is closed on federal holidays. Coaching calls may be scheduled via calendar link.

WARRANTIES AND REPRESENTATIONS. Parties represent and warrant to each other that each is free to enter into this Agreement and that this engagement does not violate the terms of any agreement between either Party and any third party. The Parties represent and warrant to each other that each is at least 18 years of age at the time of execution of the Agreement.

ASSIGNMENT. This Agreement is personal to each of the Parties. No rights or obligations may be assigned or delegated by either Party at any time unless such assignment is in writing and signed by both Parties.

FORCE MAJEURE. If either Party is unable to perform any of its obligations, with the exception of payment, by reason of fire or other casualty, strike, act or order of public authority, global pandemic, administrative order by governmental authority, act of God, or other cause beyond the control of such Party (hereinafter, a “Force Majeure Event”), then such Party shall be excused from such performance during the pendency of such cause. COVID-19 and any related governmental orders or shutdowns are known phenomena and not Force Majeure events. The Party suffering a Force Majeure Event shall give written notice within five (5) days of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized.

WAIVER. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

SEVERABILITY. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

MERGER/FINAL AGREEMENT. This Agreement constitutes the final, exclusive agreement between the parties. All earlier and contemporaneous agreements, negotiations, understandings, representations and warranties between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

NOTICES. All notices, claims, and demands made under this Agreement must be in writing and addressed to the other Party at the email address set forth below. A notice by a Party is effective only if the Party giving the Notice has complied with the requirements of this Section.

Notice to Company: NIX ENTERPRISE LLC

Name: Nick Ouzounian

Email: hello@thebnbplaybook.com

DISCLAIMER OF LIABILITY. Company makes no guarantees, representations or warranties of any kind or nature, express or implied, including without limitation, those of non-infringement, merchantability, title, fitness for a particular purpose, and warranties arising from course of dealing or course of performance with respect to its Services. Client’s use of the Services is at Client’s own risk. The use of Company’s information, products and services should be based on Client’s due diligence. Company’s services and advice are for informational and educational purposes only. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is Client’s exclusive responsibility to seek such independent professional guidance as needed. Company disclaims any liability for economic loss, physical injury or illness. Client agrees that the Company is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Company. 

EARNINGS DISCLAIMER. Company may reference certain results, outcomes or situations. Client understands and acknowledges that Company makes no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for Client as a result of these statements. Company cannot guarantee success merely by the Client purchase of Company’s services. Client understands that individual results and outcomes will vary. Any results displayed on Company’s website or in any of his/her materials are not guaranteed without Client’s active participation in the Services. Individual results depend on many factors, including an individual’s background, motivation, business experience and individual capacity.

INDEMNIFICATION. Client hereby agrees to indemnify, defend and hold harmless Company, its affiliates, employees and agents from and against any and all third party suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs and expenses, including reasonable legal expenses and attorney’s fees, to the extent such losses result from any breach of the Agreement or applicable law by Client or breach of contractual or fiduciary obligation owed by it to a third party.

LIMITATION OF DAMAGES. Notwithstanding any damages that Client may incur, Company’s entire liability under this Agreement, and Client’s exclusive remedy, will be limited to the amount actually paid by or on Client’s behalf to Company under this Agreement for all Services rendered through and including the termination date. Neither Party shall, under any circumstances, be liable to the other Party for consequential, incidental, indirect or special damages, including but not limited to loss of actual or anticipated profits or income, punitive damages, loss of revenue; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the parties.

SURVIVAL. The termination of this Agreement shall not affect any accrued rights or liabilities of the Parties or affect the coming into force or the continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after termination.

GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Utah without giving effect to any choice or conflict of law provision or rule.

JURISDICTION AND VENUE. Either party may file suit in a court of competent jurisdiction in the state or federal courts of Davis County, Utah and each party irrevocably submits to the exclusivejurisdictionof such courts in any such suit, action, or proceeding.

PREVAILING PARTY ATTORNEY’S FEES. In the event of any dispute, contest, or litigation between the Parties, the prevailing party in such dispute shall be fully reimbursed by the other party for all costs, including reasonable attorneys’ fees, court costs, expert or consultant’s fees and reasonable travel and lodging expenses, incurred by the prevailing party in its successful prosecution or defense thereof, including any appellate proceedings.

NIX ENTERPRISE LLC

1167 Stone Creek Lane

Layton UT 84041

hello@thebnbplaybook.com