OB Foundations Terms and Conditions of Sale
(Formerly LOCK it Down™ (legal) Membership)
By enrolling in the OB Foundations membership or subscribing to any other program, community, workshop or any other product offered, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not continue with your purchase.
This is a membership website. Payments will process automatically on the schedule you selected at the time of purchase (yearly, quarterly, or monthly). Trials: $1 and free trials will automatically renew within the time-period indicated at sign up unless cancelled by the user. All cancellations must be requested at least 48 hours prior to the payment date. Current renewal rates can be found at https://www.hawthornlaw.net or https://www.obfoundations.com. There are no refunds on trial promotions, including trial memberships, free trials, or one-time purchases associated with a trial promotion.
COPYRIGHT WARNING: DO NOT DUPLICATE OR COPY THIS TERMS OF SALE (OR ANY PORTION THEREOF) IN ANY WAY FOR YOUR OWN PERSONAL OR COMMERCIAL USE EXCEPT AS PROVIDED BELOW. DOING SO IS CONSIDERED PLAGIARISM AND CONSTITUTES COPYRIGHT INFRINGEMENT.
If you require a privacy policy, terms of service, or any other legal documents for your own website or online business, please feel free to contact me or purchase one of our templates to create your own.
Terms of Sale
Last Modification Date: December 27, 2023
Welcome to the OB Foundations Online Learning Platform, hereafter “the Platform” or the “Site”. By purchasing a workshop, course or template from The Hart Law Firm, P.A. d/b/a Hawthorn Law (“Hawthorn” or the “Company”), you are agreeing to be bound by these terms of sale (the “Terms”) without modification. Please read these Terms carefully before completing your transaction.
The Platform is an online learning platform that may from time to time sell courses, books, templates, workshops, memberships, consulting and other information and materials that are intended to teach people how to build, grow, set-up and protect their online business.
Privacy
Your continued use of the Platform is subject to our Privacy Policy. Please review our Privacy Policy carefully, as the terms of that policy are incorporated into these Terms by reference.
Electronic Communications
Sending or receiving electronic mail to or from the Company constitutes electronic communications. By purchasing a Course from the Company, you consent to receive electronic communications from Hawthorn and any of its employees, representatives, agents, independent contractors, coaches, affiliates or any other person or entity associated with Hawthorn Law. You further consent and agree that any and all agreements, notices, disclosures, and other related communications that we may provide to you electronically or via the Site will satisfy any legal requirement that such communications be in writing.
Your Account
By using and accessing this Platform, you understand and agree that you alone are responsible for maintaining the confidentiality of your account, your username and your password, and for restricting access to your computer while you are logged into the Platform. You further agree not to provide or share your login information to any other person or entity to use or access the Platform. You agree to accept sole responsibility for any copying, dissemination, or plagiarism of the content of this course that ultimately originates from your user account, whether by your fault or as a result of the theft or misappropriation of your account. You shall not share, assign, sell or otherwise transfer your account to any other person or entity. The Company reserves the right to terminate your account, refuse or cancel your services, or remove or edit the content available to you in the event that we determine you have the requirements of this section.
Course and Membership Access
We reserve the right to update, discontinue, or otherwise remove access to any product, template, membership or course at any time. However, for non-subscription products (i.e. products that you pay a single fee to access), your access to that product will be for a minimum of one (1) year. Subscription-based products will renew on a monthly or quarterly basis as explained in the sales page for that individual product.
In the event that we decide to discontinue access to a product on the Platform, we will provide you with written notice at least thirty (30) days in advance before we remove the product and eliminate access to it.
Cancellation and Refund Policy; Chargebacks
Because the Company has a clear and explicit Refund Policy in these Terms that you have agreed to prior to completing the purchase of any of our products, workshops, courses or templates, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
30 Day Refund Policy for the OB Foundations Membership and LOCK it Down™ (legal) Toolkit
We want you to be satisfied with your purchase, but we also want you to give your best effort to implement the strategies and tools contained within the membership. We offer a 30-day refund period for purchases (this policy does not apply to “template only” purchases, Better than Black Friday/Black Friday/Cyber Week sales, free or $1 trials, or other Flash Sales as outlined below).
This refund policy also does not apply to any one time offers or other order bumps purchased during the checkout process.
We will NOT provide refunds more than 30 days following the date of purchase. After day 30, all past and future payments are non-refundable and you are responsible for full payment of the fees for the program, regardless of whether you complete the program.
To further clarify, we will not provide refunds after the 30th day from your date of purchase and all payments must be made on a timely basis. All past due payments are subject to accrued interest at the rate of 1.5% per month or the highest rate allowed by law, whichever is lower.
No Refunds for Better than Black Friday, Black Friday and Cyber Week deals, other periodic promotions, or free or $1 trials
There are no refunds on promotional or flash sales, including Better than Black Friday, Black Friday and Cyber Week deals, other periodic promotions, or free or $1 trials. If you purchased your course during one of these promotions, this refund policy will not apply to you.
No Refunds on Live Workshops
No refunds for live workshops will be given for any reason. Our live workshops are capped at a certain number of attendees, which means that if you decide to purchase one of the spots, it precludes another person from attending.
What happens when you request a refund
For all other customers, if you request a refund, you will immediately lose access to any of the course templates and will no longer have a license to use these materials in your business or on your website. We take our intellectual property very seriously, and should we find that you are illegally using our legal templates in violation of this agreement, we will invoke the unauthorized use section of this agreement. All materials in this course are subject to the permitted use policy in these terms of service.
Note that purchase any course or membership program from the Company does not constitute legal services, and as such, the Rules of Professional Conduct do not apply to this refund policy.
If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at [email protected].
NO REFUNDS DISCLAIMER: Due to the nature of this electronic product and the fact that it cannot be “returned”, we have a no refund policy unless otherwise mentioned in the offer. You cannot order a digital product and then ask for a refund straight away. Within minutes of ordering, you will be able to download many years-worth of our effort and knowledge. None of the content is ‘drip fed’ and you will have immediate access to all materials right away. There is no un-doing your access once you access the members area. There are no partial month refunds, partial refunds on annual payments, or refunds of any kind on any other products. Cancellations will begin during the next scheduled payment period. By purchasing a membership you are agreeing to these terms and conditions.
CANCELLATION PROCEDURE: To cancel, follow the procedures on this page to process your self-cancellation before your renewal date. Due to the nature of our service, no refunds will be given if you do not cancel your subscription prior to being charged for your renewal.
Membership Program
By signing up for a membership program, such as the OB Foundations Membership, you agree to keep a valid credit card on file for monthly recurring charges and expressly authorize the Company to charge your card for the monthly fees due for our membership program. If your credit card is declined, we will notify you and provide you with a secure link to update your card. Typically, we will attempt to re-bill your card three (3) additional times. After your card has been declined three (3) times, you may lose access to all program materials at our discretion.
If you choose to terminate your membership, you may do so by following the cancellation procedure outlined above.
In addition, if you choose to terminate your membership for any reason, including to take advantage of the 30-day refund period on your initial membership fee, you are subject to a lifetime ban on re-enrollment in the course or any future coaching programs we may offer. Should we decide to allow you to re-enroll in any of our programs, you would be required to do so at the then current market price of the program.
Links to Third-Party Sites
Within our courses, we may from time to time provide links to other websites, videos and/or resources (“third-party sites”). You should be aware that the Company does not control these sites and is not responsible for any of the content contained in any third-party site, including, without limitation, any links contained in the third-party sites, or any updates or changes to the third party sites. The Company provides these links to assist you, provide context to the content of our courses and templates, or as a convenience to you. Unless otherwise indicated, the fact that the Company has included a link to any particular third-party site or service does not imply that the Company has endorsed any particular individual or company or has a business association with that particular website.
Third-Party Services
Certain products, services and functionality made available via the Platform are provided by third party websites and organizations. By using the Platform, you acknowledge and consent that the Company may share your personal information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the users and customers of Hawthorn Law.
Any use by you of any materials or content found within the Program other than as expressly authorized in these terms or by a separate written agreement is not permitted (“unauthorized use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of $5,000 if you did not pay for any fees for the Program, in addition to any legal or equitable remedies the Company may be entitled to pursue. This paragraph does not constitute a penalty, but rather is an agreed liquidated damages charge for the Unauthorized Use of the Program materials and/or content.
You agree that any actual or threatened violation of the Intellectual Property clauses in these terms would cause irreparable harm to the Company that may not be adequately compensated by monetary damages. As such, the Company may obtain other relief, including but not limited to injunctive or other relief, without the requirement for bond, in addition to all other legal or equitable remedies.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Platform strictly in accordance with these terms of sale. As a condition of your continued use of the Platform, you warrant to the Company that you will not use the Platform for any purpose that is unlawful or otherwise prohibited by these Terms of Sale. You may not use the Platform in any manner which could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included within the Platform, including but not limited to videos, text, pdf’s, graphics, graphics, images, and any compilation thereof, as well as any software used on or within the Site, (the “content”), is the property of the Company or certain third-party contractors, and is protected by United States Copyright, Trademark, Patent and other related laws that protect intellectual property and related rights. You agree to observe and abide by all copyright and other related notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, transfer or sell, create derivative works, or in any way exploit or steal any of the content, in whole or in part, found on the Platform. The content contained within the Platform is not for resale. Your use of the Platform does not entitle you to use the protected content contained herein in a way that is unauthorized by these terms or applicable law. In particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that by using the Platform or purchasing this course, you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Hawthorn Law or our licensors except as expressly authorized by these Terms.
Permitted Uses
Notwithstanding the same, you are permitted to use the templated agreements provided within the course on your personal and/or business website. If you wish to use the contracts provided with your clients, customers, or contractors, please contact us at [email protected] to purchase an enterprise license to use the materials in such a fashion. You must include the following copyright notice and hyperlink within all contracts you create and publish, whether online or offline:
"© 2021-2024 The Hart Law Firm, P.A. d/b/a Hawthorn Law – All Rights Reserved"
Use of communication services
The Platform may contain bulletin board services, discussion functionality, chat areas, forums, communities, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
Furthermore, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents and permissions; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion, regardless of whether the materials violate these terms. The Company further reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever, legal or otherwise.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, subpoena, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. To the extent certain individuals volunteer for administrative roles within a certain Communication Service, managers and hosts are not authorized Hawthorn Law spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Any information you post to a Communication Service is not protected by Attorney-Client privilege, and any replies by the Company to your questions or posts should not be considered legal advice. By purchasing this Course, you are not hiring the Company to be your lawyer.
Materials provided to the Platform or posted on any Company web page
The Company does not claim ownership of the materials you provide to the Platform or www.hawthornlaw.net (including feedback, reviews, and suggestions) or post, upload, input or submit to any Company Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting the Company, our affiliated companies and necessary sublicensees and contractors, permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation, legal or otherwise, to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the legal and intellectual property rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third-Party Accounts
From time to time, you may be able to connect your Platform account to certain third-party accounts. By connecting your Platform account to a third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws in your jurisdiction. You agree that you will not use the Platform content in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Furthermore, the templates, checklists, contracts and other legal information provided within the platform is relevant only to the general laws of the United States and does not apply in any foreign country.
Indemnification
You agree to indemnify, defend and hold harmless the Company, its officers, directors, members, managers, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Hawthorn Law reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, TEMPLATES, CHECKLISTS, SERVICES AND RELATED CONTENT CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, TEMPLATES, CHECKLISTS, SERVICES AND RELATED CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, TEMPLATES, CHECKLISTS, SERVICES AND RELATED CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
EARNINGS DISCLAIMERS
The information presented in this Website is intended to be for your educational and entertainment purposes only.
We are not presenting you with a business opportunity.
We are not presenting you with a distributorship.
We are not making any claims as to income you may earn.
We are not presenting you with an opportunity to get rich.
Before embarking on any business endeavor, please use caution and seek the advice of your own personal professional advisors, such as your attorney, accountant and financial advisor.
Where income figures are mentioned (if any), those income figures are anecdotal information passed on to us concerning the results achieved by the individual sharing the information. We have performed no independent verification of the statements made by those individuals. Please do not assume that you will make those same income figures.
Please do not construe any statement in this website or within the membership as a claim or representation of average earnings. There are NO average earnings. Testimonials and statements of individuals are not to be construed as claims or representations of average earnings. We cannot, do not, and will not make any claims as to earnings, average, or otherwise.
Success in any endeavor is based on many factors that are individual to you. We do not know your educational background, your skills, your prior experience, or the time you can and will devote to the endeavor.
Please perform your own due diligence before embarking on any course of action. Follow the advice of your personal qualified advisors.
There are risks in any endeavor that are not suitable for everyone. If you use capital, only “risk” capital should be used. There is no guarantee that you will earn any money using any of the ideas presented in our materials.
Examples in our materials are not to be interpreted as a promise or guarantee of earnings. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s.
No guarantee is made that you will achieve any result at all from the ideas in our material. You agree that we will not share in your success, nor will we be responsible for your failure or for your actions in any endeavor you may undertake.
Please understand that past performance cannot be an indication of possible future results.
Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward-looking statements in our materials are intended to express our opinion of earnings potential. They are opinions only and should not be relied upon as fact.
Termination/access restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in Wake County, North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Site. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use.
Severability
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Entire Agreement
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Platform. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
The Company reserves the right, in its sole discretion, to change the Terms of Sale under which the Platform is offered. The most current version of the Terms of Sale will supersede all previous versions. The Company encourages you to periodically review the Terms of Sale to stay informed of our updates.
Contact Us
The Company welcomes your questions or comments regarding these Terms of Sale:
Hart Digital Media, LLC, 5540 Centerview Drive, Suite 204, Raleigh, North Carolina 27606
Email Address: [email protected]
Effective as of: December 27, 2023
