Badass Retirement
Terms of Service

• Non-Refundable Fees Participant shall pay to Badass Retirement, LLC the applicable fees for the Program Services selected by you through the Platform in accordance with the applicable payment terms. Fees for Program Services are non-refundable. Badass Retirement, LLC shall not refund any portion of the Program Services fees paid by Participant for any reason.
• Late Payments; Program Suspension In the event Badass Retirement, LLC does not receive, or is otherwise unable to process payment of, the applicable Program Services fees, Badass Retirement, LLC reserves the right to suspend or terminate your participation in the applicable Program Services for payments that are more than five (10) days past due. Any amounts not paid in accordance with the payment terms will accrue interest charges at the greater of 1.5% monthly or the highest interest rate allowable under applicable law.
• Failure to Attend/Forfeiture. There are no credits or refunds in the event Participant is unable to attend any aspect, or otherwise utilize any, of the Program Services or related materials offered to Participant through the Program Services Make-up sessions are not available and the Program Services Term shall not be extended for any reason, including lack of attendance due to Participant’s personal reasons or as a result of participation suspension due to late payment of Program Services fees.

For annual membership subscriptions, Participants paya flat annual membership fee.

• Payment Terms Approved applicants commit to an annual membership whether member fees are paid in installments or a one-time annual payment. Members with installment payments who seek to cancel prior to expiration of the annual membership terms (12 months) are subject to early cancellation fee equaling the remaining balance of annual membership. All cancelled memberships will have access to applicable services up until expiration of their annual membership term.
• Renewal Eligibility Membership renewals will be subject to the membership fees in effect at the time of renewal. Annual memberships are automatically renewed.
• NON-REFUNDABLE All membership fees are nonrefundable.

For monthly membership subscriptions, Participants paya recurring monthly membership fee.

• Payment Terms Applicable membership fees consists of an initial charge followed by recurring periodic charges in accordance with the membership plan selected by you on the Platform. By entering into this Terms of Service, you acknowledge that your membership has an initial and recurring payment feature and you accept responsibility for all recurring charges incurred prior to cancellation. IF YOU ARE A BADASS RETIREMENT USER WITH A MONTHLY OR ANNUAL SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY OR ANNUALLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT.
• Automatic Renewal Memberships are automatically renewed each Term. Unless cancelled by either party, recurring membership fees will be automatically charged to the payment mechanism provided by you through your Platform account. The recurring fees will be charged at the current rate then in effect at the time of purchase. You will receive notice prior to applicable renewal of any changes to membership fees or these Terms of Service. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount).
• HOW TO CANCEL You may cancel your monthly membership plan through the Platform prior to the end of the current term. Membership cancellations will be effective for the next renewal term. Cancelling your subscription means that you will have access to applicable services until your next renewal date. You will be responsible for all monthly membership fees incurred through the date of cancellation.
• NON-REFUNDABLE Membership fees will not be prorated upon cancellation and/or termination and all fees paid through the date of termination are nonrefundable.

• Expenses Participant shall be solely responsible for expenses associated with participation in Program Services, including, but not limited to travel to/from Program Services events, hotel accommodations, food, medical expenses, clothing, gear or other related expenses incurred during your participation in the Program.
• Assumption of the Risk Participation in the Program Services involves the risk of physical injury and/or other damages. As a condition of your participation in certain Program Services events, Participant shall release all claims for such risks by execution of a Participation Release and Waiver prior to participation in applicable Program Services events. The failure of Participant to execute the Participation Release and Waiver shall result in immediate suspension/termination and forfeiture of all applicable Program Services fees.
• Participation Election

• Participant may discontinue participation in the Program Services at any time, for any reason. However, any discontinuation, regardless of reason, shall result in forfeiture of the applicable Program Services fees. In the event of discontinuation, all outstanding Program Services fees shall immediately become due and payable.
• Badass Retirement, LLC may, but does not have the responsibility to, discontinue Participant’s participation in the applicable Program Services if it determines, in its sole and absolute discretion, that the Program Services are not suitable for Participant.

• Individual Commitment The Program Services encompass a range of comprehensive processes involving mindsets, skillsets, and behaviors relating to work, finances, health, relationships, education, and physical activity. Participant has the sole discretion to accept, reject or implement any aspects of the Program Services recommendations and shall be solely responsible for the outcome and/or impact of such acceptance, rejection or implementation.
• NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE Badass Retirement, LLC and its staff are not licensed medical or mental health care providers, accountants, attorneys or investment advisors. The Program Services, Products, Platform, Content and other Services are not intended as a substitute for licensed professional advice.

• NO MEDICAL OR MENTAL HEALTH CARE ADVICE The Program Services cannot replace, nor is it intended to represent, a health care patient-provider or other mental health patient-provider relationship. The Program Services, Platform, Products, Content and other Services made available to Participant should NOT be construed as offering such medical or mental health care advice. Participant is advised to consult with a licensed professional for diagnosis and treatment for specific health concerns or problems, including, but not limited to, medical diagnosis, psychotherapy, psychoanalysis, mental health care, or substance abuse treatment. Participant is solely responsible for performing their own due diligence consultation before making any medical or other mental health care decisions.
• NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVISE The Program Services are not intended to provide tax, legal, insurance or other investment advice and the Program Services, Platform, Products, Content and other Services made available to Participant should NOT be construed as offering such advice. Participant is solely responsible for performing their own due diligence consultation before making any tax, legal, insurance or other investment decisions.

• WARRANTY DISCLAIMER NO GUARANTEE OF IMPACT, OUTCOME OR PERSONAL RESULTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM SERVICES, PRODUCTS, PLATFORM, CONTENT OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED “AS IS”. BADASS RETIREMENT, LLC DOES NOT REPRESENT OR WARRANT THAT THE PROGRAM SERVICES, PLATFORM, PRODUCTS, CONTENT OR OTHER SERVICES WILL MEET YOUR PERSONAL OR PROFESSIONAL GOALS, NEEDS OR REQUIREMENTS. EXCEPT WHERE PROHIBITED BY LAW, BADASS RETIREMENT, LLC EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE PROGRAM SERVICES, PLATFORM, PRODUCTS, CONTENT, AND/OR OTHER SERVICES.

• Non-Disclosure Participant has a duty to maintain the confidentiality of any Confidential Information (as defined herein) provided to Participant through the Program Services and agrees not to

• Use any Confidential Information disclosed to it by Badass Retirement, LLC for its own use,
• Disclose any Confidential Information to any third party for any reason without the prior written consent of Badass Retirement, LLC , and/or
• Use the Confidential Information in any way detrimental to Badass Retirement, LLC.

• Definition “Confidential Information” means any information, technical data, or know-how, including, but not limited to, that which relates to research, product plans, business plans, products, services, employees, customers, markets, software, computer programs, technology, development tools, source code, object code, documentation, developments, intellectual property, concepts, inventions, formulas, processes, procedures, databases, designs, drawings, engineering, hardware configuration information, product ideas, business methods, strategies, marketing or financial plans, financial information, other participant names and related personal information disclosed during the course of any Program Services accessed by Participant, proprietary materials and/or other trade secrets disclosed by Badass Retirement, LLC (whether in writing, orally, or in any form or medium) to Participant as part of the Program Services.

• Content The term “Content” refers to any text, data, code, graphics, information, images, audio, visual or audiovisual combinations or other materials submitted, uploaded, imported, communicated or exchanged between Participant and Badass Retirement, LLC to facilitate the provision of the Program Services under this Agreement.
• Consent Participant hereby grants to Badass Retirement, LLC the right to

• photograph, audio-visually record or otherwise digitally record Participant’s likeness (collectively “Digital Images”), and/or
• audio-visually record or otherwise digitally collect any Participant Content. Participant authorizes Badass Retirement, LLC to use their name and any Participant Content in connection with such Digital Images.

• License Participant hereby grants to Badass Retirement, LLC a non-exclusive, perpetual, worldwide, non-revocable, royalty-free license to use, reproduce, distribute, create derivative works of, publicly perform, and publicly display any testimonial and Digital Images and Participant Content collected, in whole or in part, in all forms of media, whether now known or later discovered, for any purpose without further compensation or accounting.

• Definition of Intellectual Property For purposes of this Agreement, “Intellectual Property” means

• Trademarks (registered or unregistered), service marks, trade names and other indications of origin, the goodwill associated with the foregoing;
• Inventions, formulas, know-how, processes, business methods, discoveries, ideas and improvements, whether patented or patentable;
• Nonpublic information, trade secrets, know-how and Confidential Information;
• Writings, illustrations, graphics, photographs, motion pictures, models and all audio, video or audiovisual combinations, and other works whether copyrighted or copyrightable;
• The principles, concepts, methodology, structure, techniques and training, content assignments, communications, attachments, documents related to the Program and assets made available to Participant as part of the Program Services (collectively “Program Tools”); and
• Computer programs and software (including source code, object code and data), arising from or relating to the Badass Retirement, LLC Platform, digital assets and any other content owned or licensed by Badass Retirement, LLC.

• Copyright All Content made available through the Platform, as well as the Platform’s logos, design, text, graphics, software and other files, and the selection arrangement and organization thereof, are owned by Badass Retirement, LLC and protected by U.S. and international copyright laws. You may not use such materials without permission.
• Trademarks The non-exhaustive list of Badass Retirement, LLC Trademarks, and the Platform’s logos, page headers, custom graphics, button icons and scripts are trademarks or trade dress of Badass Retirement, LLC.
• Program Tools License Subject to the use restrictions set forth herein and during the Program Term, Badass Retirement, LLC hereby grants Participant a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable, revocable, worldwide license to access and utilize the Program Tools and associated Intellectual Property provided to or otherwise accessed by Participant during the course of the Program.
• Reservation of Rights Except for the limited licenses granted herein, nothing in this Agreement grants to Participant any rights of ownership to Badass Retirement, LLC ’s copyrights, patents, patent applications, trade secrets, trade names, trademark, service marks or other Intellectual Property.
• Use Limitations.The Program Services, Program Tools, and associated Intellectual Property are for Participant’s personal use only. Participant shall not use the Program Services-related principles, concepts, methodology, training techniques, Program Tools and associated Intellectual Property for commercial purposes. Participant shall not

• Distribute, redistribute, resell or sublicense Program Tools and associated Intellectual Property, or
• Develop, create, or otherwise cause to bring to market any competing program or service that leverages the Program Tools and associated Intellectual Property for any purpose, commercial or otherwise.

• You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Platform and/or documentation or data made available to Participant through the Program Services and/or Platform.
• You shall not interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Platform. Participant shall not violate the security of the Platform or attempt to gain unauthorized access to the Platform, data, materials, information, computer systems or networks connected to any server associated with the Platform, through hacking, password timing or any other means. Participant may neither take nor attempt any action that, in the sole discretion of Badass Retirement, LLC, imposes or may impose an unreasonable or disproportionately large load or burden on the Platform and software services or the infrastructure related thereto. Participant shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Platform and software services, any data or Content found on or accessed through the Platform and software services, without the prior express written consent of Badass Retirement, LLC. Participant shall not intentionally or unintentionally utilize the Platform in any manner that violates any applicable law, rule or regulation.

• Export Compliance The software offered through the Platform and/or Program Services may be subject to export laws and regulations of the United States and other jurisdictions. Participant represents and warrants that it is not named on any U.S. government denied-party list. Participant shall not permit access or use any Services in a U.S. embargoed country or in violation of any U.S. export law or regulation.
• Harmful or Prohibited Acts Any dishonest or unethical business practice; any violation of the law; infliction of harm to Badass Retirement’s reputation; hacking and other digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; deceptive manipulation of media; and the violation of the rights of Badass Retirement, LLC or any third party;
• “Spamming” and Unsolicited Communications We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to Badass Retirement’s reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
• Offensive Communications Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, inciting, defamatory, libelous, harassing, or discriminatory; misleading, false, or misinforming; graphically violent; or solicitous of unlawful behavior.
• Sensitive Information.You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to ClickFunnels, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
• Illegal Business Activity Any promotion of illegal business activity, including without limitation multi-level marketing (except in compliance with the FTC’s Business Guidance Concerning Multi-Level Marketing, promoting the sale or use of illegal drugs (including but not limited to Marijuana-derived CBD Oil); or infringing or promoting the infringement of the intellectual property rights of another.

• Automatic Termination This Agreement shall automatically terminate, without notice,

• Upon the institution by or against either Party of insolvency, receivership or bankruptcy proceedings or any other proceedings for the settlement of either Party’s debts,
• Upon either Party making an assignment for the benefit of creditors, or
• Upon either Party’s dissolution or ceasing to do business.

• Convenience Successful participation in the Program Services requires Participant’s commitment to the purchased Program Services during the Term. Badass Retirement, LLC may terminate Participant’s participation in the applicable Program Services in the event Participant

• Fails to execute the required Participation Release and Waiver,
• Fails to attend Program Services based events, and/or
• Is unable to meaningfully participate in, or is deemed unsuitable for, the applicable Program Services as determined by Badass Retirement, LLC in its sole and absolute discretion.

• Cause.Badass Retirement, LLC may terminate this Agreement immediately if Participant

• Violates any Program Services-related rules, policies and procedures,
• Fails to make timely Program Services-related payments, and/or
• Otherwise breaches any material terms of this Agreement. Participate may terminate this Agreement if Badass Retirement, LLC breaches any material terms of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of such breach.

• Injunctive Relief Participant understands and agrees that money damages will not be a sufficient remedy for any breach of Participant’s Confidentiality and Use Restrictions obligations under this Agreement, and that Badass Retirement, LLC shall be entitled to seek equitable relief, including injunction and specific performance, as a remedy for any such breach. Such remedies will not be deemed to be the exclusive remedies for a breach by Participant, but will be in addition to all other remedies available to Badass Retirement, LLC at law or in equity.
• Effect of Termination; Survival. In the event of a termination under this Section, all fees paid through the date of termination shall be non-refundable and all outstanding Program Services fees shall immediately become due and payable. The following Sections survive termination of this Agreement: Dispute Resolution, Confidentiality, Disclaimers, Indemnification. Limitation of Liability, and Choice of Law.

• Individual Binding Arbitration Any claim or controversy with Badass Retirement, LLC arising out of or relating to the Program Services, Program Tools, Intellectual Property, Platform, Products, Content and other services purchased by Participant from Badass Retirement, LLC (including formation, interpretation, performance and breach of the Agreement) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) shall be final and binding upon the parties, and any judgment on the award may be entered in any court having jurisdiction thereof. The Federal Arbitration Act, 9 U.S.C. § 1 et. seq., shall govern the interpretation and enforcement of this Agreement.
• Class Action & Jury Trial Waiver ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. EACH PARTY IS EXPRESSLY WAIVING ITS RIGHTS TO A TRIAL BY A JUDGE OR JURY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.

• Fees; Prevailing Party Fees associated with any arbitration initiated under this Agreement shall initially be borne equally by the Parties, provided however that the prevailing party in any such arbitration shall be entitled to recover its reasonable attorneys’ fees, costs and expenses incurred in connection with the arbitration.
• Notice When initiating a request to arbitrate, Participant must also send a copy of the completed form to Badass Retirement, LLC at 9870 Research Drive, Irvine, CA 92618.

IN NO EVENT SHALL BADASS RETIREMENT, LLC’S, OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, AFFILIATES, MANAGERS, LICENSORS, BUSINESS PARTNERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, MAXIMUM LIABILITY FOR ANY ACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT OR CONTRACT, EXCEED THE TOTAL AMOUNT OF FEES PAID BY PARTICIPANT UNDER THIS AGREEMENT FOR THE PROGRAM SERVICES GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL BADASS RETIREMENT, LLC OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, AFFILIATES, MANAGERS, LICENSORS, BUSINESS PARTNERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE TO PARTICIPANT FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF CONSORTIUM) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Participant hereby acknowledges and agrees that the limited remedies and limitations on liability set forth in this Agreement are a fundamental part of the basis of Badass Retirement, LLC ’s bargain hereunder, without which Badass Retirement, LLC would not enter into this Agreement or provide Participant with the Program Services or allow participation in the applicable Program Services and that the Program Services fees reflects the allocation of risk agreed upon by the Parties. No action, regardless of form, arising from or pertaining to this Agreement and/or the Program Services may be brought by Participant more than ONE (1) YEAR after such action has arisen.

• Choice of Law This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to or application of California’s conflict of law principles. The parties consent to the jurisdiction of the State of California, and venue in the County of Orange, with regard to any controversy or claim arising out of or relating to this Agreement, or the breach thereof.
• Force Majeure Badass Retirement, LLC shall not be liable or responsible to Participant for any delays in providing the Program Services as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, telecommunications or power outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight, embargoes, terrorism, natural disaster, war or acts of God.

• Relationship of Parties No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by this Agreement.
• Waiver No failure or delay by a Party exercising any right, power or privilege under this Agreement will operate as a waiver thereof.
• Modification No modification of this Agreement shall be effective unless it is either in writing and signed by an authorized representative of Badass Retirement, LLC or posted by Badass Retirement, LLC on the Platform.
• Severability The validity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement.
• Assignment Participant shall not assign any of the rights or obligations under this Agreement without the prior written consent of Badass Retirement, LLC. This Agreement is assignable by Badass Retirement, LLC at any time without Participant’s consent.
• Successors and Assigns This Agreement is binding on and inures to the benefit of the Parties and their respective successors and permitted assigns.
• Interpretation Headings are for reference purposes only and do not limit the scope or extent of such section.
• Notices All notices, requests and other communications under this Agreement shall be in writing and shall be delivered in person (by courier or otherwise) or mailed by certified or registered U.S. mail, return receipt requested, to Badass Retirement, LLC at 9870 Research Drive, Irvine, CA 92618 and to Participant at the email address specified in Participant’s account.

This and any hyperlinked documents contained herein, shall comprise the entire agreement between the Parties and supersedes all prior or contemporaneous agreements, written or oral, between the Parties regarding the subject matter contained herein.