Terms of Purchase + Refund Policy
Let’s Collective™ & Tiny Empire Shop™ & Focus Sessions™
by Let’s Collective
Last Updated: May 21, 2021
PLEASE READ THESE TERMS OF PURCHASE AND REFUND POLICY (“TERMS”) CAREFULLY.
Lets Collective LLC, a California limited liability company, provides business growth strategy educational courses and resources, private consulting services, group coaching services, and Focus Sessions™ to help entrepreneurs do less, better. When you use our websites (including, without limitation, https://letscollective.co, https://meganflatt.vipmembervault.com/, https://www.focus-sessions.com/, and affiliated domains), interact with us on our social media properties or at virtual or physical events, or purchase and use our products, intellectual property laws protect our online courses, webinars, workshops, other events, videos, worksheets, downloadable materials, planner, and any other products or materials provided after you make a paid purchase (“Products”) and all content on our websites, in our email newsletter, and on our social media properties (“Content”). We either own or have permission to use all the intellectual property rights to all protectable elements in the Products and Content, including without limitation, the logo, images, trademarks, service marks, design elements, layout, graphics, information, materials, documents, data, and text. We reserve all rights not specifically granted in these Terms.
Not Intended For Children
Content and Products are intended for individuals at least 18 years of age and legally able to enter into a contract, and when you buy or use our Content, Product, or Service, you represent and warrant that you meet both requirements. We disclaim all liability for use or purchase of any Content, Products, or Services by individuals under 18 years of age. Children under 13 years of age may not use our Content or Products, and children between 13 and 18 years of age should obtain a parent’s or guardian’s permission before viewing, purchasing or using our Content, Products, or Services.
Products For Internal, Noncommercial Use By One Business Only
We love it when you share about our work, but please keep in mind that our Content, Products, and Services are protected by copyright laws and are for personal use by one individual only. You may (i) view and use our Content, (ii) email and share short snippets of our Content on your social media platforms of choice, with proper attribution, tagging our social media profile in the image and text of your post, and a link back to our site where possible, and (iii) purchase and use our Products for personal, internal noncommercial use by one business only. Selling, sharing, redistributing, licensing, or sub licensing our Content, Products, or Services to an individual, business, or third party (other than an employee, contractor, or other agent using or implementing the Products within the scope of their services for your business) is prohibited. To the extent that you purchased Products for use by your employees, contractors, or other agents (collectively, “Agents”), prior to providing them with access to the Products, you agree to take precautions consistent with the highest industry standards, including without limitation entering into written agreements binding your Agents to terms at least as protective as these Terms, to ensure they do not sell or share the Content or Products, in whole or in part, or otherwise violate these Terms. In the event you or your Agents breach these Terms, you agree to pay us $5,000 USD per instance of breach within fifteen (15) days after breach, which you agree has been incorporated into these Terms as a valid pre-estimate of damages that we will sustain, which will not be capable of precise determination. You agree this is not a penalty, but rather is the agreed-upon liquidated damages suffered as a result of your using or selling our Content, Products, or Services outside of these permitted and expressly limited usage Terms.
Payment Terms and Order Processing
When purchasing a Product from the Tiny Empire Shop™, you may be directed to Stripe or PayPal to complete the transaction, and you authorize us to charge the payment method you select within Stripe or PayPal for the full amount of Product in your cart at checkout. Once payment has processed, you will be directed to MemberVault for immediate access to any digital Product you have purchased, unless the Product page indicated “pre-sale” or a specific event or delivery date. Within MemberVault, you will have the option to make additional “in-app” purchases of other Products.
We anticipate providing you with lifetime access to your purchased digital Products within MemberVault; however, platforms like MemberVault are constantly changing. So we may transfer your access to a different platform from time to time, or suspend platform access entirely, in which case we hope, but cannot guarantee, we can provide you with thirty (30) days’ prior notice to download all digital Products you have purchased. However, to ensure you never lose access to your purchased digital Products, you agree to download those digital Products within thirty (30) days after purchase.
For both digital and tangible Product purchases, unless the Product’s page indicated “pre-sale” or a specific event or delivery date, you will also receive a confirmation email after purchase that includes your MemberVault login information to access purchased digital Product and/or shipping information for purchased tangible Product, as appropriate.
Momentum Programs by Let’s Collective™
When purchasing a membership in our Momentum Programs, you may be directed to Thrivecart, and Stripe or PayPal to complete the transaction, and you authorize us to charge the payment method you select for the full amount of membership or subscription in your cart at checkout. Once payment has processed, you will be directed back to Thrivecart, and you will receive an invoice via email.
For subscriptions or memberships purchased, you will have access for as long as the membership indicates. Please see your membership contract, which will be sent to you after you purchase via email, for specific details involving cancellations, renewals, and the like.
Focus Sessions by Let’s Collective™
When purchasing a membership from the Focus Sessions™, you will be prompted to create an account before billing and subscribing. You can enter a password and username of your choosing, and proceed to the following screen where you will be prompted to enter your billing information. You may be directed to include a credit or debit card, or connect with Stripe or Payapl to complete the transaction. You authorize Focus Sessions to charge the payment method you select for the full amount of membership or subscription in your cart at checkout. If your subscription includes a free trial period, you will be billed after the completion of the trial period. Once payment has been processed, or checkout is complete, you will receive an email with information about how to access Focus Sessions™ and book your first session. .
Free Trial. Your Focus Sessions subscription may include a free trial period during which you can use the Service for a limited period of time before billing commences. You can manage or cancel the trial subscription through the account you created on the Focus Sessions website at the time of initial subscription. If you update recurring payments through your account, you authorize Focus Sessions to periodically charge, on a going-forward basis and until cancellation, all accrued sums on or before the payment due date for the accrued sums. Recurring subscriptions automatically renew unless they are cancelled via a method described in the Service at least 24 hours before the end of the current subscription period.
Recording Waiver for Events; Event Access and Changes
As consideration for purchasing a Product or Membership that includes access to and participation in an event, in addition to your applicable Product payment, you understand that Let’s Collective plans to take photos and videos at the event, and you agree that we will distribute video recordings of digital events to all registered attendees and may use these assets for promotional or marketing materials at our discretion. By participating in the event, you grant Let’s Collective and any participating guest experts the right to use your image for those purposes, and you agree all assets and published materials including those photos or video recordings are the property of Let’s Collective. Additionally, Let’s Collective events are held online on digital platforms (e.g., Zoom) or in person, and regardless of the virtual or physical event venue, Let’s Collective cannot guarantee privacy, as virtual and physical event venues are not completely secure and may be accessible by the public. Accordingly, Let’s Collective does not prohibit other participants, guest experts, sponsors, or other third parties from photographing or recording audio or video of event activities.
For Product or Membership purchases that include access to an event, you will receive access information via email leading up to the event date. Let’s Collective may replace in-person events with a digital event or reschedule an event to a future date due to illness or if it becomes illegal, impossible, inadvisable, or commercially impracticable (e.g., due to low enrollment) to hold the event on that date, as determined in our sole discretion. No refunds will be owed, regardless of our reason for cancellation, replacement, or postponement, but you may use the amount previously paid towards a future event or other Let’s Collective Products or Memberships. If you are unable to attend an event for any reason, no refunds will be owed, but for recorded digital events, we will provide you with access to the recording post-event.
No Refunds; No Chargebacks
All sales are final. All Product purchases are nonrefundable, and Products are not returnable under any circumstances. Because we have a clear No Refunds policy in these Terms and you have agreed to these Terms before purchasing a Product, we will not permit any actual or threatened chargebacks from you or your credit card company. In the event that we receive a chargeback threat during or after your purchase or a chargeback is placed on your purchase, we will report your name, email, order date and amount, billing address, and a description of the incident to Equifax, Experian, and TransUnion credit bureaus, and to any other entity in our sole discretion, to ensure the incident is included in chargeback databases and delinquent account listings. That report may negatively impact your credit score, and we will require that you make a full payment of the chargeback amount plus any attorney fees or other expenses incurred in connection with the chargeback incident before we will remove you from those databases. If there are any separate refund policies for memberships or other Services will be made explicitly clear in Let’s Collective’s contracts.
Testimonials Representative of Actual Client Experiences, Not Guarantee of Your Experience
The testimonials, statements, and opinions presented in our Products were provided voluntarily by actual clients, and we did not provide free products, services, or any other benefits in exchange for those testimonials. While those testimonials are representative of actual client experiences, the exact results and experience will be unique for each individual. Therefore, we cannot and do not make any representations or guarantees about any particular results or earnings you may experience from using the Products.
General Educational Purpose Only; No Warranty; Not Professional Advice
We provide and sell the Content, Products, and Services for general informational and educational purposes only. While we use reasonable efforts to include accurate and up-to-date information in our Content, Products, and Services, we cannot make any representations or warranties as to the accuracy of information in either. We assume no liability or responsibility for any errors or representations in the Content and Products. We are not licensed financial, legal, medical, or other professionals, and no professional relationship is formed when you use the Content, Products, or Services. Nothing in the Content, Products, or Services is provided or intended as a substitute for financial, legal, medical, or other professional services or advice, and you agree we are not responsible for your reliance on any advice or opinions in the Content, Products, or Services. We strongly recommend you consult your own financial advisor, legal counsel, or other professional, as you are ultimately responsible for determining what is best for your unique situation and your business.
Results Not Guaranteed
We do not make any guarantees that you will achieve any particular result, including without limitation potential profits, losses, future income, sales, or expenses, through the use of our Content, Products, or Services, as results will be unique for each individual and business. You understand that results are based mostly on an individual’s and business’s efforts and circumstances, as well as other factors outside our control (e.g., industry standards, regulations, fluctuations in the economy), so we disclaim all liability for the failure or success of any business decisions you make that may impact your financial status or earnings.
Disclosure of Affiliate Products
Generally, we write and edit the Content, Products, or Services on our websites, and we believe in providing honest, reliable information. Occasionally, we may choose to include Content, Products, or Services created by trusted third parties with whom we have developed business relationships. Some of that trusted third-party Content, Products, and Services may involve us accepting forms of compensation (e.g., advertising, sponsorships, affiliate links, and free products). In those cases, the compensation received may influence trusted third-party or our original Content, Products, and Services on our websites, so we will identify that content as sponsored, paid, affiliate, or co-branded content. However, all opinions expressed on our websites are our own, and even when we are paid for some content or advertisements, we give our honest opinions or experiences about those products, services or topics. As with any other information provided on our websites, before you rely or act on any information provided on our websites, you should verify that information independently, which may involve reaching out to the trusted third party directly.
You Are Responsible For Content You Submit or Post
Please be mindful when you choose to submit, post, or otherwise share any content on our websites, social media properties, or at virtual or physical event venues, as that content is public, and you are responsible for your content and any liability that may result from your posted content. When you submit, post, or otherwise share content on our websites, social media properties, or at virtual or physical events, you do so at your own risk.
We require that any content you submit, post, or otherwise share on our websites, social media properties, or at virtual or physical events be respectful and posted only once. We prohibit the sharing of content that is illegal, abusive, offensive, threatening, harassing, vulgar, harmful, defamatory, obscene, or otherwise in violation of others’ rights or applicable laws, and we may delete any content, in full or in part, for violation of our content guidelines or for any other reason. However, we do not have an obligation to monitor content submitted by you or other third parties, so we cannot be responsible or liable for damages or losses arising from third party content. We do not make any representations regarding the accuracy of any third party content.
Permission to Use Content You Submit Or Post
In the event you choose to submit or post any content on our websites, social media properties, or at our virtual or physical events, or tag us in posts you share on your social media profiles (e.g., comments, photos, videos, other feedback or written content), you represent and warrant that you own or have permission to share that content. We will not claim ownership rights in that content; however, you grant us a nonexclusive, royalty-free, perpetual, worldwide license to use, reproduce, display, copy, publish, distribute, and publicly perform that content, in whole or in part, and your name and likeness in connection with that content, in any medium or manner currently known or later developed, for any purpose, including promotion of our Products and Content and other commercial purposes.
THE CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE MAKE NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE CONTENT, PRODUCTS, AND SERVICES AND WE DO NOT WARRANT THAT THE CONTENT, PRODUCTS, OR SERVICES, OR ANY OF THEIR FUNCTIONS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS INCLUDED IN THE PRODUCTS OR SERVICES, DELAYS OR FAILURES IN DELIVERY OF THE CONTENT, PRODUCTS,OR SERVICES, OR ANY OTHER RESULTING DAMAGE, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM VIRUS ATTACKS, INTERNET CONGESTION, AND DENIAL OF SERVICE ATTACKS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS.
Assumption of Risk
You acknowledge that the Products have not been prepared to meet any specific requirements you may have. When you purchase, download, use, or participate in any Product, you knowingly and voluntarily assume all risk, including elements of inherent risk, and responsibility for injuries to any person or damages to any property.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, SHALL LETS COLLECTIVE LLC, AND ITS OWNER MEGAN FLATT, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, AND OTHER AGENTS (COLLECTIVELY, “REPRESENTATIVES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFIT, ARISING OUT OF THESE TERMS OR THE USE OR INABILITY TO USE THE CONTENT, PRODUCTS, OR SERVICES, OR ANY OTHER MATERIALS, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES, WE HAVE MADE AVAILABLE TO YOU, EVEN IF LET’S COLLECTIVE AND OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OR ANY OTHER REMEDY.
THE MAXIMUM LIABILITY OF LET’S COLLECTIVE AND OUR REPRESENTATIVES FOR ALL CLAIMS ARISING OUT OF THESE TERMS OR THE USE OR INABILITY TO USE THE CONTENT OR PRODUCTS OR ANY OTHER MATERIALS WE HAVE PROVIDED TO YOU SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT YOU HAVE PAID TO US FOR THE PRODUCT(S) INVOLVED IN THE CLAIM DURING THE SIX (6) MONTHS PRECEDING THE DATE THAT A CLAIM OR DEMAND IS FIRST ASSERTED. IF YOUR USE OF THE CONTENT, PRODUCTS, SERVICES, OR ANY OTHER MATERIALS, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES, WE HAVE MADE AVAILABLE TO YOU RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL DIRECT AND RELATED COSTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO DEPENDING ON YOUR STATE OF RESIDENCE, ALL OR A PORTION OF THIS PROVISION MAY NOT APPLY.
You agree to defend, indemnify, and hold harmless Lets Collective LLC and its owner Megan Flatt, managers, members, past and present employees, contractors, volunteers, representatives, agents, affiliates, successors, and assigns (collectively, “Releasees”) from and against all actions, suits, claims, losses, liability, costs, and expenses, including attorney fees (collectively, “Claims”) arising out of or in connection with: (i) your viewing, purchase, downloading, use, or participation in the Content, Products, or Services; (ii) any content you submit to our websites, social media properties, or at our virtual or physical events, or tag us in on your social media profiles, or (iii) your violation of these Terms. This provision shall apply regardless of Let’s Collective’s or the Releasees’ negligence, if any.
Content and Product Availability; Delivery; Force Majeure
We do our best to ensure uninterrupted, error-free availability and delivery of the Content, Products, and Services. However, we cannot guarantee your access will never be suspended or restricted due to circumstances outside our control and because we occasionally need to make repairs, maintenance, or updates to our Content, Products, Services, and websites.
Let’s Collective and our Representatives shall not be liable to you for any delay or failure by us to perform our obligations under these Terms to the extent arising from any cause beyond our reasonable control, including, without limitation, acts of God, floods, fires, epidemics and other public health and safety concerns, government orders and recommendations, local public health agency restrictions and recommendations, loss of electricity or other utilities, labor strike, illness, or delays or failures by you in performing any obligation under these Terms. We will not provide refunds for these or any other reasons; however, we will elect to offer an alternative method of fulfillment (e.g., replacing a live Zoom webinar with a recorded version, or rescheduling to a future date), as determined in our sole discretion.
The Content, Products, and Services may contain links to other sites on the internet that are owned and operated by third-parties (“External Sites”). We have no control over those External Sites and are not responsible for the availability of or materials provided on or through those External SItes. We recommend you research independently all recommended resources, and you agree to assume all responsibility for your decision to enter into any transaction or other relationship with those third parties.
Protecting Personal Information
Protecting others’ personal information is equally important to us. You shall not transmit to us or upload to our websites any Harmful Code or use or misappropriate the data on our websites or in our Content or Products for your own commercial gain. “Harmful Code” includes, without limitation, any software (e.g., viruses, trojan horses, worms, time bombs, time locks, drop dead devices, traps, access codes, cancelbots, or trap door devices that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on exceeding a number of copies, exceeding a number of users, passage of a period of time, advancement to a particular date or other numeral, use of a certain feature, or any other event; or (b) would enable an unauthorized person to cause that result; or (c) would enable an unauthorized person to access another person’s information without that other person’s permission. We may refuse access to our websites, Content, Products, and Services without notice if you fail to comply with these Terms.
Content and Products Intended for Use Within United States
We control and provide the Content, Products, and Services from the State of California within the United States, and we do not represent or warrant that the Content, Products, or Services will be available in locations outside the United States. If you choose to access or use the Content, Products, or Services from outside the State of California within the United States, you agree to assume full liability for compliance with any applicable local laws.
Governing Law; Location for Disputes
These Terms and any disputes arising out of or in connection with these Terms or the Content or Products shall be governed by and construed in accordance with the laws of the State of California without regard for its conflict of law provisions. Any matter involving interpretation or enforcement of these Terms shall be brought in the state or federal courts in Marin County, California. By purchasing, using, viewing or participating in the Products, Content and our websites, you hereby accept the exclusive jurisdiction of those courts. We shall be entitled to recover its attorneys’ fees and costs in enforcing its rights under these Terms in the event of a violation of our intellectual property rights or other breach of these Terms, whether we choose to enforce our rights through negotiation, mediation, arbitration, or litigation.
Any notices to you regarding these Terms and the Products will be provided by email using the contact information provided by you when you last purchased the Products. Notice will be deemed given one (1) business day after email transmission from us, or two (2) business days after the date of posting on our websites or elsewhere, as may be appropriate under the circumstances or otherwise required by law.
If you have any questions about our Products, Content, Services, or any of our terms or policies, including these Terms, please email us at the address provided at the bottom of these Terms and include the name of the terms, policy, product, or services in the subject line.
Failure by either party to enforce any provision in these Terms is not a waiver of future enforcement of that or any other provision. The waiver of any breach of these Terms is not effective unless in a written agreement signed by the waiving party and is not a waiver of any other or subsequent breach.
We will update these Terms occasionally to reflect changes in the law, our Content, Products, and Services, our practices, and advances in technology. When we post those changes, we will revise the “Last Updated” date at the top of these Terms. If we make any material changes to these Terms, we will take reasonable steps to notify you or obtain your consent, which could include notifications through our websites, via email, or as otherwise may be required by law. Please review any changes carefully. Any access or use, including your continued use, of the Content, Products, Services, or our websites by you after we have posted the updated version of these Terms will mean you consent to and accept those changes. If you do not consent to any changes, you may cease using and viewing our Content, Products, and Services and contact us to request deletion of your personal information.
Severability; Entire Agreement
Tell Us How We’re Doing
Please send any questions or feedback about our Content, Products, Services, or anything in these Terms via email or mail to:
3030 Bridgeway, Suite 208
Sausalito, CA 94965