Terms And Conditions
By using mobilebevpros.com you are consenting to our terms and conditions as outlined below.
To also review our full privacy policy please click here.
OVERVIEW
By visiting, using, or purchasing any products, materials, or Services from www.mobilebevpros.com, including all materials presented herein and all online Services provided by us, is subject to the following terms and conditions (“Terms and Conditions”). These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site and/or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
The terms “we,” “us,” and “our” refer to Audacious Innovations, LLC, D/B/A Mobile Bev. Pros. The term “Site” refers to www.mobilebevpros.com. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.
SERVICE
Mobile Bev. Pros is a membership site that provides online training, business coaching, courses, resources and other content related to planning, creating, marketing and growing a service-based business (the “Service”).
Parties agree that the Service is in the nature and purpose of education. The scope of services provided by Mobile Bev. Pros according to these Terms and Conditions are limited to those listed on www.mobilebevpros.com website. We reserve the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to membership sites and other information are subject to change. Mobile Bev. Pros makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Mobile Bev. Pros disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
ACCOUNT CREATION
In order to use the Service, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Mobile Bev. Pros will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
DURATION OF ACCESS
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against Mobile Bev. Pros when there are reasonable delays in the access of the Service.
Mobile Bev. Pros reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under these terms and conditions.
You agree and acknowledge that “Lifetime Access” is for the lifetime of the Service. If for any reason, Mobile Bev. Pros should dissolve or cease to exist, then your access to the Service terminates.
CANCELLATIONS & REFUNDS
We do not offer refunds for Services. This is a proven program and it has supported hundreds of mobile bar owners in the successful launching and scaling of their mobile bar businesses. We know the information provided in the Services and resources are factual, easy to understand, and, when implemented correctly, increase the likelihood of a successful and profitability of a mobile bar company. If, after enrolling, but within the first 30 days, you believe the program is not for you, provide your completed coursework by emailing it to [email protected] and we’ll refund your money back to the form of payment used to purchase the membership.
You may also cancel your membership at any time via your account page, but due to the nature of the Service no refunds will be made for any membership fees already paid.
Once you cancel you will have access to the Service, including all content and community resources, until your current membership period is completed.
The 30 day refund exemption only applies to your first subscription and cannot be used more than once.
It is entirely your responsibility to ensure that your account is canceled should you no longer require the Service and do not wish to be billed further.
SHIPPING
Due to the digital nature of our products and services, we do not offer physical shipping or returns.
CUSTOMER CHARGEBACKS
In the event you initiate a chargeback or otherwise block or inhibit payment to Mobile Bev. Pros, then you shall owe to us the amount subject to the chargeback, any fees or costs charged to Mobile Bev. Pros as a consequence of the chargeback, and any fees or costs associated with securing payment from you.
PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
NO GUARANTEE
We may from time to time contain or provide testimonials from previous customers, which is not to be relied upon to predict results in your specific situation. Past performance of our clients does not guarantee future success. While we have had many successful clients in the past, each situation is unique and outcomes may vary. Results will be dependent on many factors including but not limited to your level of personal responsibility, commitment, and abilities, in addition to those factors, other factors which may not be readily apparent. Mobile Bev. Pros makes no guarantees about the Services or the outcome of your business.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
As a feature of the Service, Mobile Bev. Pros may provide access to a community or social media platforms in conjunction with the Service. Mobile Bev. Pros is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service.
You agree that your use of the community and social media platforms is a privilege and Mobile Bev. Pros may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. Mobile Bev. Pros will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. Mobile Bev. Pros is not required to provide notice, and reserves all rights to take immediate and appropriate action to protect the Mobile Bev. Pross’s brand and image integrity.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to us. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Mobile Bev. Pros remains yours to the extent that you have any legal claims therein. You agree to hold Mobile Bev. Pros harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
RELEASE OF LIKENESS
You consent to recordings being made of calls, videos, webinars, events you attend as part of the Services, and other recordings made during the Services. You agree that Audacious Innovations, LLC, shall have the absolute right and permission to copyright and use, re-use and/or publish for lawful business purposes, any video, photo, name, image, sound, or likeness which you may be included in whole or in part or composite, for advertising, marketing, professional development, trade, or other lawful business purposes.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Audacious Innovations, LLC, including trademarks, copyrights, proprietary information, and other intellectual property. Audacious Innovations, LLC copyright and original materials are provided to you as part of the Service for your individual use as a single-user license only. All intellectual property shall remain the sole property of Mobile Bev. Pros. No license to sell or distribute our materials is granted or implied.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you violate this intellectual property term and condition.
AMENDMENTS, MODIFICATIONS, OR CHANGES TO TERMS AND CONDITIONS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, AUDACIOUS INNOVATIONS, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF AUDACIOUS INNOVATIONS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Mobile Bev. Pros’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM AUDACIOUS INNOVATIONS, LLC, AND IF NO PURCHASE HAS BEEN MADE BY YOU AUDACIOUS INNOVATIONS, LLC CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Mobile Bev. Pros. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE TERMS AND CONDITIONS; WAIVER
These Terms and Conditions constitute the entire terms of use between you and Mobile Bev. Pros pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No failure or delay on the part of Mobile Bev. Pros in exercising any right hereunder will operate as a waiver of, or impair, any such right. No single or partial exercise of any such right will preclude any other or further exercise thereof or the exercise of any other right. No waiver of any such right will be deemed a waiver of any other right hereunder.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Audacious Innovations, LLC
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Tennessee. You understand and specifically agree that any action that may arise out of this agreement must be brought in the appropriate federal or state court located in Davidson County, in the State of Tennessee, provided that such court has jurisdiction over the subject matter of the action. You agree that such a court shall have personal jurisdiction over you.
Updated: May 2023