Terms and Conditions

Last Updated: October 16th 2022

1. Introduction

These terms of use are entered into by and between you and Scoggins International, Inc. (“Company,” “we,” “us,” or “our“). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, “Terms of Use“), govern: (a) your access to and use of any and all of the Company’s websites, including, but not limited to, , along with any functionality offered on or through the websites (collectively, the “Websites“),  and (b) any content, products, and services the Company may choose to offer on or through the Websites, including without limitations, blog posts, articles, videos, podcasts, audio clips, photographs and texts in the “Media Contact & Press Kit,” course materials, live event tickets, online educational courses, instructional guide books, or mobile applications (the “Offerings“) (Websites and Offerings, collectively the “Services“). You agree that your access and use of the Services is neither contingent upon the delivery of any future functionality or features, nor is it dependent upon any oral or written comments made by the Company with respect to future functionality or features.

Please read these Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://stephenscoggins.com/privacy-policy/, incorporated herein by reference (the “Privacy Policy”). If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Websites and/or Offerings.

The Services are offered to users who: (x) are eighteen (18) years of age or older; (y) reside in the United States or any of its territories or possessions; and/or (z) are not directly or indirectly (as an owner, strategic partner or otherwise) engaged in any business relationship or activity that competes with the Company and/or the Services.  By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page, and the “Last Updated” date above from time to time and when you access the Services so you are aware of any changes, as they are binding on you.

The company may update the content of the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the content may be out of date at any given time, and we are under no obligation to update such content.

3. Accessing the Services

We reserve the right to withdraw or amend the Services, and any products, services, or content we provide in relation to the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services.

You are responsible for both:

1. Making all arrangements necessary for you to have access to the Services.
2. Ensuring that all persons who access the Services are aware of these Terms of Use and comply with them.

To access the Services or some of the resources it offers, you may be asked to provide certain information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

4. Accounts

To access and use certain features and functions of the Services, you must create an account and provide certain registration details or other account related information (“Account“). If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures in connection with your Account or otherwise, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to the Services (or portions thereof) using your user name, password, or other security information. You agree not to use the Account, username or password of any other Account holder at any time. You agree to notify us immediately of any unauthorized access to or use of your Account, user name or password or any other breach of security. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be liable for any damages, liabilities and/or losses that you incur as a result of someone else using your Account and/or password, either with or without your knowledge.

We have the right to suspend, disable or terminate, in appropriate circumstances and in our sole and absolute discretion, the Accounts of users who violate these Terms of Use, are repeat infringers of copyright, or engage in, encourage or advocate for offensive, abusive, or illegal conduct.

5. Purchases

You may purchase: (i) certain Offerings; and/or (ii) subscriptions for your access to, and use of, certain features and functions of the Services (each such transaction, a “Purchase“) for the purchase price for such Purchase provided on the Website. The duration of a subscription is selected by you when you purchase and set up a subscription.

Additional terms and conditions may apply to certain Purchases as disclosed at time of purchase, such as with purchases of live event tickets. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

All Purchases are processed through a third-party transaction platform and third-party payment processor (the “Payment Processor“). No financial or sensitive information will ever be provided by you to us, or collected and stored by us from you. Information necessary to complete Purchases are provided by you directly to the Payment Processor. We do not have access to this information. The only information you will be required to provide us in order to successfully complete a Purchase is your contact information.  We encourage you to review the terms of use and privacy policies of the Payment Processor when completing a purchase as you agree to be bound by Payment Processor’s agreements or policies applicable to third parties utilizing its service to facilitate payments. 

Company reserves the right to impose quantity limits on any Purchase, to reject all or part of a Purchase, and to discontinue any Services without notice and without incurring any liability to you, even if you have already placed your order for such Purchase. Your placement of an order for a Purchase does not necessarily assure you that we will accept your order. Company reserves the right to refuse any order for a Purchase in its sole discretion. In addition, before accepting your order for a Purchase, Company may require additional information if you have not provided all the information required by us to complete your order.

All Purchases can be cancelled or returned within three (3) days of purchase subject to our Returns and Refunds Policy, found at https://stephenscoggins.com/journey-principles-returns-and-refunds/, and incorporated herein by reference. Notwithstanding the foregoing sentence, purchases of live event tickets are subject to a separate return policy offered at the time of purchase of such live event tickets.  If you receive a damaged product, please notify us immediately for assistance. You are bound to the purchase price listed upon placement of an order for a Purchase, and you understand that such purchase price does not include shipping and handling charges or applicable taxes, if any, for which you are responsible and which will be separately identified on your order form. You expressly understand and agree the Company will not be liable for any payments and monetary transactions that occur through your use of the Website and/or processed by the Payment Processor.  You are responsible for all transactions (one-time, recurring, and refunds) through the Website and/or processed by the Payment Processor.

6. Grants of License and Rights in Connection with the Purchases

In the event a Purchase allows you to download an Offering to your personal computer or mobile device, upon payment of the full purchase price, the Company hereby grants you a limited, non-exclusive, non-sublicenseable, and non-transferable license to access and use the Offering in the Territory (as defined herein) solely for your own personal and non-commercial general information purposes in accordance with the Offering’s intended use.

In the event a Purchase only allows you to access and use an Offering on your personal computer or mobile device (i.e., non-downloadable content), upon payment of the full purchase price, the Company hereby grants you a limited, non-exclusive, non-sublicenseable, and non-transferable right to access and use the Offering in the Territory solely for your own personal and non-commercial general information purposes in accordance with the Offering’s intended use.

All rights not expressly granted are reserved by the Company

For purposes of these Terms of Use, “Territory” means the United States or any of its territories or possessions.

7. Intellectual Property Rights

The Services and all content, including, but not limited to, all images, video footage, audio recordings, podcasts, blog postings, articles, online educational courses, course materials, instructional guidebooks, and/or any other features, functionality, and related metadata (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), (“Company Content“) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Company Content and information presented on or through the Services is made available solely for your personal, non-commercial, general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

Except as expressly provided in Section 6 or in a separate license agreement between you and Company, Company does not grant any express or implied permission to use the Services or any Company Content. You agree not to:  (a) copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, translate, license, sublicense, reverse engineer, decompile or disassemble the Services or any Company Content; (b) upload, link to or post any portion of the Services or Company Content on a bulletin board, intranet, extranet or website; (c) use or distribute the Services and/or Company Content in violation of any applicable laws or regulations; (d) possess or use the Services and/or Company Content in any format other than the format provided by the Company; or (e) take any action to remove, obscure, interfere with or modify the presentation or functionality of any aspect of the Services and/or Company Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Services and/or Company Content.

You must not:

• Delete or alter any copyright, trademark, watermarks, or other proprietary rights notices from Company Content or Services.
• Access or use for any commercial purposes any part of the Services or Company Content.

If you wish to make use of the Services or Company Content in any manner other than as expressly set out in this section or as described in Section 6, please address your request with sufficient detail as to the nature of your request to: info@stephenscoggins.com. Company may but has no obligation to respond to your request.

If you print, copy, modify, download, or otherwise use any part of the Services or Company Content in breach of these Terms of Use, your right to access and use the Services and/or Company Content will stop immediately and you must, at our option, return or destroy all unauthorized copies and modifications you have made. No right, title, or interest in or to the Services or any Company Content is transferred to you, and all rights not expressly granted are expressly reserved by the Company. Any use of the Services and/or Company Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other federal, state, local, or international laws.

8. Monitoring and Enforcement; Termination

We have the right to:

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing and using the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

9. Trademarks

The Company name, the marks “BECOME UNSTOPPABLE,” “MARKET MOVERS,” “STUCK TO UNSTOPPABLE,” “UNSTOPPABLE START-UP,” “UNSTOPPABLE LIVE,” “ELITE INSIDERS,” “TRANSFORM U,” “U TRANSFORM U,” and “STUCK ON UNSTOPPABLE,” and all related names, marks, logos, designs, source designations, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, designs, source designations, and slogans that may appear in connection with the Services are the trademarks of their respective third party owners.

10. Use Restriction

You may only use the Services for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.
• In order to build a similar or competitive website, product, or service or for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

Further, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Services.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are hosted, or any server, computer, or database connected to the Services.
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Services.

11. Geographic Restrictions

The provider of the Services is based in the State of North Carolina in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of the content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws

12. Linking to the Websites and Social Media Features

You may link to our homepage and share certain Company Content, provided you do so in a way that is informational, non-commercial, and is for the limited purpose of promoting the Services and does not disparage the Company, damage our reputation, take advantage of it, or suggest any form of association, approval, or endorsement on our part.

Videos appearing on the Company’s YouTube social media channels may be inserted into private non-commercial blogs and websites, but must link directly to the official video on YouTube.

The Websites may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Websites.
• Send emails or other communications with certain content, or links to certain content, on the Websites.
• Cause limited portions of content on the Websites to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional Terms of Use we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Websites or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Otherwise take any action with respect to the materials on the Websites that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

13. Linked Third-Party Sites

If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Websites, you do so entirely at your own risk and subject to the Terms of Use of use for such websites.

14. No Warranty; Limitation on Liability; and Indemnification

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS AND/OR USE OF THE WEBSITES OR ANY OFFERINGS OR ITEMS OBTAINED THROUGH THE WEBSITES OR YOU DOWNLOADING ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITES LINKED TO IT.

YOUR ACCESS AND/OR USE OF THE WEBSITES, OFFERINGS, AND/OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, OFFERINGS AND/OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITES, ITS CONTENT, THE OFFERINGS, OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES, OFFERINGS OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THE SERVICES RELY UPON THIRD PARTY SOFTWARE AND/OR HARDWARE FOR CERTAIN FUNCTIONS AND THE COMPANY MAKES NO REPRESENTATION, WARRANTY, PROMISE OR GUARANTEE TO YOU THAT SUCH SOFTWARE OR HARDWARE WILL BE ERROR FREE, ACCOMPLISH A SPECIFIED PURPOSE, OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC, AND THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY FAILURE THEREOF.  YOU ACKNOWLEDGE THE COMPANY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES.  ACCORDINGLY, THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY AND ALL DAMAGES, LOSSES OR CLAIMS OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF USE, AND/OR YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO IT, THE OFFERINGS, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES LINKED TO IT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:  (a) your violation of applicable law; (b) your violation of these Terms of Use; (c) your use of the Services, including, but not limited to, any use of the Company Content other than as expressly authorized in these Terms of Use; and/or (d) your use of any information obtained from the Services.

15. Accessibility

The Company is committed to ensuring equal access for people with disabilities. As potential customers and employees of the Company, they are important contributors to the Company’s business success and should not be excluded, but rather welcomed.

The Company will endeavor to maximize the access of people with disabilities to this website.

Web content produced by the Company and its third-party developers is intended to meet WCAG 2.1, AA standards.

16. Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

17. Waiver and Severability

No waiver, by the Company, of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

18. Entire Agreement

The Terms of Use and our Privacy Policy constitutes the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

19. Contact

Please contact us if you have any questions or concerns about our Terms of Use. You are welcome to call our Customer Care Center at (919) 777-4050 between 8:30 a.m. and 5:30 p.m. EST to speak with a customer service representative. You may also contact us by e-mail at info@stephenscoggins.com.

Scoggins International, Inc., 1540 Mechanical Blvd Garner, NC 27529