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TERMS AND CONDITIONS
Last Updated: 7/11/21
PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY BECAUSE IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND REMEDIES, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AS WELL AS SPECIFIC PROVISIONS CONCERNING HOW ANY DISPUTES INVOLVING THE TheSchuck.Agency WEBSITE AND/OR SERVICES AVAILABLE THROUGH THE WEBSITES WILL BE RESOLVED. BY CONTINUING TO USE THIS SITE HEREAFTER, YOU AGREE TO THE TERMS THEREIN.
Welcome to 512Insider.com, (the “Website”) operated by TheSchuck.Agency LLC, located at 5900 Balcones Drive Suite 100 Austin TX 78731.
This Agreement is subject to change by TheSchuck.Agency LLC at any time. Any changes will be posted to this URL, and will be effective as of the date of posting, as indicated by the “Last Updated” date at the top of the page.
Electronic Agreement. This Agreement is a legally binding, valid and enforceable electronic contract that contains the terms of governing your use of our Websites and Services. By accessing and/or using the Websites and Services, or by creating a User Account and/or becoming a Member, you accept this Agreement and consent to the terms, conditions and notices contained or referenced herein. Your consent to these terms is binding in the same way as placing your handwritten signature on a contract printed on paper.
Accounts and Memberships
Creating an Account. If you register a Free Account or become a Member by remitting payment of the applicable Membership Fee, you will be required to provide certain personal information, including:
Creating a free User Account allows you to participate in our online community, allow you to download free products or claim coupons, and allow you to view our shop.
Creating a Membership Account allows you, upon payment of any applicable Membership Fees, to participate in our online community, allow you to enter group discussions, post photos or videos in our community, download products and/or courses from our shop, submit support forum inquiries, and have access to our Knowledge Base.
If you create an Account or become a Member, the following pages will be created, which will be associated with your account: a Member Profile Page, an Account Page, Your Reviews.
Some information on your Member Profile may/may not be visible to other members. This information includes:
Other information on your profile is visible only to you. This includes:
Membership Terms. By signing up for a Membership Account and transferring payment of your Membership Fee to TheSchuck.Agency LLC, you become a Member. There are various products and services available exclusively to our Members. The exact products and services available to you depend on your Membership Level. If you purchased a promotion that may have included custom builds, this will include:
Passwords and Account Security. By creating a User Account or becoming a Member, you acknowledge that maintaining the confidentiality of your username and password are your responsibility. You further acknowledge and agree not to disclose or allow the use of your username or password, or otherwise lend or transfer access to your User Account or Membership Account to any third party. You are fully responsible for all transactions with, and information conveyed to TheSchuck.Agency LLC under your username, Membership, or Account.
In the event of any unauthorized use of your username or password, or any other breach of security related to your Membership or Account, you hereby agree to immediately notify TheSchuck.Agency LLC. You also hereby expressly agree that TheSchuck.Agency LLC is not liable, and you will indemnify and hold TheSchuck.Agency LLC harmless, in connection with any loss or damage arising from your failure to comply with any of the obligations under this paragraph.
Payment of Fees. Product fees are to be paid immediately via Stripe. Membership fees are to be paid monthly via Stripe. By clicking the payment button and providing us with your payment information, you authorize TheSchuck.Agency LLC to process payment in the amount indicated for the services selected. You may select automatic Membership renewal, which will automatically charge the current membership price to your selected payment method the business day before your renewal date.
Membership Term. Memberships begins on the date the membership fee is paid, and continues for one one month until either a) we cancel your account due to your breach of these Terms and Conditions; b) you cancel your account or c) your credit card or bank charge is denied or reversed and you do not provide us with an updated payment method within ten (10) days.
Copyright. Any and all content on the Websites, as well as content transmitted with and/or as part of our Products or Services, including any designs, graphics, logos, icons, text, images, audio and video clips, the selection, compilation and arrangement thereof, as well as any and all software and custom code on the Websites is Copyright © 2021, TheSchuck.Agency LLC, ALL RIGHTS RESERVED. The compilation, collection, assembly and arrangement of all content on the Websites is the exclusive property of TheSchuck.Agency LLC, and is protected under U.S. and international copyright laws, and unauthorized use, distribution, reproduction, modification, transmission, display, performance, republishing, and any other means of dissemination without our express written consent, is prohibited by law.
Trademarks. TheSchuck.Agency LLC, as well as all custom graphics, icons, page headers, logos, slogans, snapshots, product names, signature jingles, are trademarks, trade dresses and service marks of TheSchuck.Agency LLC. As such, any use of these marks in any manner likely to confuse consumers without the express, written consent of TheSchuck.Agency LLC, is strictly prohibited. Any trademarks belonging to third parties require the consent of their respective owners prior to use or display.
Nothing in this document, or on the Websites, gives any person the right to copy, reproduce, publish, upload, share, use, register as a domain name, or otherwise display any logo, slogan, tagline, trademark, trade name, service mark, trade dress, copyrighted material, patent, trade secret, or confidential information owned by TheSchuck.Agency LLC, or any of its partners, sponsors, parents, subsidiaries, and affiliates.
Product Purchase and Delivery
Any reference on the Websites to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TheSchuck.Agency LLC. Information on this website relating to third party products is for informational purposes only.
Resale. The products, including any samples, available through the Websites are for your personal use only, and are not to be re-sold. Accordingly, TheSchuck.Agency LLC reserves the right to limit the number of products available for purchase, and further, to cancel or reduce any order it reasonably believes may result in a violation of these Terms and Conditions.
Payments, Returns and Refunds
Payment Terms. Payments for Products sold via the Websites are to be made via Stripe payment only.
Payments for Services ordered via the Websites are to be made pursuant to the terms and conditions of a separately executed Client Agreement between you and TheSchuck.Agency LLC. TheSchuck.Agency LLC is under no obligation whatsoever to render or cause to be rendered any services of any kind in the absence of an executed Client Agreement signed and dated by all parties involved in the transaction.
Cancellations. In order to receive a guaranteed full refund, any cancellations of Product purchases must be made within 24 hours of placing the order. Cancellations of purchases of Services must be made within 48 hours of placing the order. Cancellations made outside of these time limits, or after anything has been downloaded or consumed, may only be eligible for a partial refund, at TheSchuck.Agency LLC’s exclusive discretion.
Refunds for Digital Products. Refunds for purchases of digital products from TheSchuck.Agency LLC are limited to partial refunds as described below, and available only if the following requirements are met:
Content Posted by Users
Your Public Content. By using the Websites, you understand that any public content you post on the Websites and/or any other site, social media account, page, group, community or other forum or page operated by TheSchuck.Agency LLC in connection with the Websites and/or the Services provided thereon, is solely your responsibility, and further, that such content can be seen by anyone, including other Members, Users and the general public.
Limitation of Liability Regarding Public Content. We are not responsible for any consequences of content posted by anyone on the Websites and/or any other site, social media account, page, group, community or other forum or page operated by TheSchuck.Agency LLC in connection with the Websites and/or the Services provided thereon. TheSchuck.Agency LLC only provides certain site(s), forum(s) and group(s) for public discussion, but we are not liable for any statements, representations, or other content provided by any user or member of the public in any forum or platform. We do not control what you or anyone else posts either on the Websites or on third party sites or platforms. As such, we make no guarantees whatsoever as to the quality, accuracy, correctness or integrity of any content posted by users of the Websites or any third party site.
You further understand and acknowledge that, by using the Websites and/or by interacting with us and other users on third party platforms, you may be exposed to offensive, indecent or objectionable content, for which TheSchuck.Agency LLC is not responsible. Any risk of damage or injury from such content resides entirely with you. Under no circumstances will TheSchuck.Agency LLC be liable in any way for any content or information posted on a public forum by anyone, including, but not limited to a) any errors or omissions in said content; or b) any loss, damage or injury of any kind (including but not limited to personal injury or property damage), incurred as a result of the use of, or reliance upon, any content posted, emailed or otherwise transmitted via or to the Websites or any affiliated sites or third party platform accounts, by any user or member of the public.
Warranties Made by You. By posting content on the Websites, forums, groups, communities or any third party account or social media account associated therewith, you acknowledge, represent and warrant that:
You also represent and warrant that any content you submit to the Websites and any communities, forums, groups, and membership areas associated with the Websites and Services provided thereon:
In the event that any content posted by you violates any of the above, TheSchuck.Agency LLC reserves the right to terminate your Account immediately and without notice, as well as this Agreement, and to seek any and all additional damages and remedies available under applicable laws.
No Obligation of Confidentiality. You understand and acknowledge that there is and will not be any obligation of confidentiality on the part of TheSchuck.Agency LLC and/or any of its agents, subsidiaries, affiliates, partners, third-party service providers and their respective directors, officers and employees, with respect to any content posted by you to the Website and/or any site or social media account, page, group or other forum, community or page associated therewith and/or operated by TheSchuck.Agency LLC.
Personal Information of Other Users. You may not use the Websites, including any registered user or membership areas, and any affiliated forums, groups, pages, communities, social media pages and accounts, and other similar forums to collect or store personal information about other users.
Compliance With Laws. You acknowledge and agree that any use of our services by you must comply with all applicable laws, regulations, rules and orders of any court having jurisdiction over you, us, and/or the recipient of any communication by you for which you have used the Websites or our Services. Understanding all laws applicable to your conduct and communications is your responsibility. Some examples of laws with which you may be required to comply include the CAN-SPAM Act, COPPA, CalOPPA, the GDPR, the EU Privacy and Electronic Communications Directive, the U.K. Privacy and Electronic Communications Directive, the Telephone Consumer Protection Act (TCPA), the Canada Anti-Spam Law (CASL) and/or any other laws relating to privacy, security, intellectual property, consumer protection, terrorism, corruption, child protection, or import/export laws.
Our Use of Your Content
Ideas and Suggestions. If you mail, e-mail or otherwise transmit any content to us, or post any content to the Websites and/or any site or social media account, page, group, community or other forum or page associated therewith and/or otherwise owned or operated by TheSchuck.Agency LLC, and said content posted by you includes any ideas, suggestions, documents or proposals to TheSchuck.Agency LLC, you acknowledge that a) nothing contained in said content is confidential, b) TheSchuck.Agency LLC has no obligation of confidentiality with respect thereto, and c) TheSchuck.Agency LLC is not liable to pay you any compensation, reimbursement, or other payment unless expressly agreed to by TheSchuck.Agency LLC in a written agreement.
Photographs. You hereby grant TheSchuck.Agency LLC permission to use any and all photographs taken by TheSchuck.Agency LLC or its agents or employees, or submitted by you to us via mail, e-mail, website submission or on an open forum such as a social media platform, group, or other community. TheSchuck.Agency LLC’s use of said photographs may include use in any media (print, television, Internet, radio/podcast or any other form of publication), for any purpose, including marketing, advertising, promotion, or packaging of any product or service sold and/or marketed by TheSchuck.Agency LLC. You further acknowledge and agree that said photographs may be licensed by TheSchuck.Agency LLC to any third party, and may be combined with other graphics, text, sounds and videos, or otherwise modified, altered and/or manipulated to fit the use intended by TheSchuck.Agency LLC or its licensees, without paying any royalty, fee, or other monetary compensation to you.
You hereby agree to release, hold harmless and forever discharge TheSchuck.Agency LLC from any and all claims, losses, damages or liabilities that you may suffer as a result of the use of any photographs taken by TheSchuck.Agency LLC or its agents or employees, or submitted by you to us via mail, e-mail, website submission or on an open forum such as a social media platform. You further acknowledge and agree that this release is irrevocable, and is binding upon your heirs and assigns.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WAIVER OF JURY TRIAL: By electing to resolve all claims and disputes via binding arbitration, THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO APPEAR IN COURT AND HOLD A TRIAL IN FRONT OF A JUDGE OR A JURY. Should any litigation arise between you and TheSchuck.Agency LLC in any court, state or federal, to vacate or enforce an arbitration award or otherwise, YOU AND TheSchuck.Agency LLC WAIVE ALL RIGHTS TO A JURY TRIAL, and elect the dispute to be resolved by a judge.
ARBITRATION PROCEEDINGS: Arbitration is a much quicker, cheaper, and more informal process than a lawsuit. In arbitration proceedings, the case is decided by an arbitrator, instead of a judge or a jury. The arbitrator can award the same damages and relief that a court can, and his decision is final and binding. In the United States, arbitration procedures are governed by the Federal Arbitration Act. It is recommended that you familiarize yourself with that legislation, or consult with an attorney, in order to get an idea of how arbitration procedures work.
OPT-OUT OF ARBITRATION: You have the right to opt out of this arbitration agreement by emailing us at email@example.com and providing the following information:
YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
Third Party Content. TheSchuck.Agency LLC may provide content from third parties, and links to sites operated by third parties over whom TheSchuck.Agency LLC has no control. We do not monitor, approve, or update the content posted on these sites, and our inclusion of links thereto in no way implies or constitutes any association between TheSchuck.Agency LLC and said third party, nor does it constitute any form of guarantee, endorsement, or representation with respect to the completeness or accuracy of the referenced third party content or site. You acknowledge that you use and rely on third party content solely at your own risk. Any third party posted by us is not a reflection of the views of TheSchuck.Agency LLC.
Non-Interference. By using the Websites, you agree not to interfere with, disable, disrupt or circumvent any security or security-related features that prevent or restrict the use of, or access to, any part of the Websites, any of its features, the content posted thereon, or any of our Products or Services. You may not interfere with or disrupt the Websites, servers or networks connected thereto, nor may you disobey any rules, requirements, policies, procedures or regulations of networks connected to the Websites. Further, you may not use any device, software, or technology to disrupt or negatively interfere with any other user’s experience or ability to use the Websites or its functions and features, including the ability to purchase and use Products, Services, and Account or Membership benefits.
Reservation of Rights. TheSchuck.Agency LLC reserves the right to terminate, in its sole discretion and without notice, any membership or user account, and/or block any user’s or member’s ability to use or access the Websites, or any of its pages, in any manner.
In order to protect our customers, ourselves, and the general public from fraud and other unauthorized or illegal activity, we further reserve the right to screen all orders made through the Websites for fraud and unauthorized or illegal activity, and to refuse to process any order found fraudulent, illegal or unauthorized, or suspected of fraud or unauthorized or illegal activity. We may also cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. If verification is required before processing your order, we may call you at the contact information you provided to confirm your order, address, shipping and/or billing information, and/or identity.
Warranty Disclaimer. TheSchuck.Agency LLC IS PROVIDING THIS WEBSITES, ITS CONTENTS, THE PRODUCTS AND SERVICES AVAILABLE THEREON, AND THE MEMBERSHIP AREA AND FORUMS. ON AN “AS-IS” BASIS. TheSchuck.Agency LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION, CONTENTS, OR OPERATION OF THE WEBSITES OR ANY OF ITS FEATURES OR FUNCTIONALITIES, INCLUDING THE MEMBERSHIP AREA.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TheSchuck.Agency LLC SPECIFICALLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AS WELL AS ANY AND ALL WARRANTIES RELATING TO THE ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION CONTAINED ON OR ACCESSIBLE THROUGH THE WEBSITES OR THROUGH ANY PRODUCT OR SERVICE PROVIDED BY TheSchuck.Agency LLC.
TheSchuck.Agency LLC MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE WEBSITES, OR ANY PRODUCTS OR SERVICES SOLD OR DESCRIBED THEREIN WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO SAME WILL BE SECURE, UNINTERRUPTED, AND WITHOUT ERROR; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT THE WEBSITES OR ANY PRODUCTS OR SERVICES SOLD OR DESCRIBED THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
Additionally, TheSchuck.Agency LLC does not promise, guarantee or warrant your business success, income, or sales.
It is possible for the Websites and our Products and Services to contain mistakes, inaccuracies, and materials that conflict with these Terms. Should a conflict arise between anything posted on any TheSchuck.Agency LLC website or service and these Terms, these Terms shall control.
Liability Limitation. TheSchuck.Agency LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, OR IN ANY WAY RELATING TO, THE USE OF THE WEBSITES, THE COMMUNITY AND MEMBERSHIP AREAS, ANY SOCIAL MEDIA OR OTHER PUBLIC FORUMS AND THIRD PARTY ACCOUNTS OWNED AND/OR OPERATED BY TheSchuck.Agency LLC, OR ANY OF THE PRODUCTS OR SERVICES OFFERED FOR PURCHASE OR SALE THROUGH THE ABOVE CHANNELS. THIS LIMITATION OF LIABILITY APPLIES TO, BUT IS NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, PROPERTY DAMAGE, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF DATA, AND CLAIMS OF THIRD PARTIES.
DMCA Notices. If you believe that any of your work or content has been copied, displayed, used, reproduced, or posted on the Websites or any community or membership area or affiliated forum, page or third party platform, without your consent, and in a way that constitutes copyright infringement, please provide us with the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):
All DMCA notices should be directed to:
5900 Balcones Drive, Suite 100 Austin, TX 78731
Choice of Law and Forum Selection. This Agreement shall be governed and construed in accordance with the laws of the State of Texas, excluding that State’s choice-of-law principles, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of Texas, excluding that State’s choice-of-law principles.
With regard to those circumstances in which the Arbitration provisions of this Agreement, if any, do not exclude litigation in court, you hereby expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Travis County, Texas.
Dispute Resolution. Should a dispute arise between you and TheSchuck.Agency LLC, please contact our customer service team by sending an e-mail to firstname.lastname@example.org. We will do our best to arrive at a speedy and cost-efficient resolution to any dispute, to the extent of our ability. If, however, we cannot resolve the dispute via our customer service department, the following applies:
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND MAH Group, LLC AGREE THAT ANY CLAIM OR LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THE WEBSITES, ANY PRODUCTS OR SERVICES PURCHASED OR AVAILABLE FOR SALE TEHEREON, AND ANY COMMUNITY OR MEMBERSHIP ACCOUNTS ASSOCIATED THEREWITH, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION FORMING THE BASIS OF THE CLAIM ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Headings. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Notices. Notices from us to you may be made via e-mail, regular mail, or by posting a notice (or a link thereto) at https://TheSchuck.Agency.
Any notice required to be given to TheSchuck.Agency LLC under these Terms or otherwise, must be in writing, addressed as follows:
5900 Balcones Drive, Suite 100 Austin, TX 78731