TERMS AND CONDITIONS

Last Updated: 12-23-2022

Thank you for visiting our website. If you want to use this website, you must agree to conform to and be legally bound by the Terms and Conditions described below. 


The website is owned and operated by Stream Stackers, LLC and/or Ben Lyons (Our "Company") and is intended to provide insights and advice for business owners, entrepreneurs, and our customers. 


streamstackers.com, streamstackerschallenge.com, sidehustlechallenge.com, or any related subdomains refer to "Our Website(s) and/or Domain Name(s)". These Terms of Use (The "Terms") govern your access to and use of ("We" or "Our") Website and Services (The "Services").


You should read these Terms carefully before using the Services.


If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following Terms and Conditions of Use which govern our relationship with you in relation to this Website.


If you disagree with any part of these Terms and Conditions, please do not use our Website. In addition, when you use any of our current or future Services, you will also be subject to our Guidelines, Terms, Conditions, and Agreements applicable to those Services. If these Terms of Use are inconsistent with the Guidelines, Terms, and Agreements applicable to those Services, these Terms of Use will control.

Application of Terms

These terms constitute a legally binding agreement between our websites and you. By using the services you agree to be bound by and comply with these terms. These terms apply to all users of the services. You may use the services only in compliance with these terms. If you do not agree to be bound by and comply with these terms, you may not use the services.

If you are using the services on behalf of an organization, you are agreeing to these terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to both you as an individual and to that organization.

Cancellations, Refunds, Returns And Title

Beyond the initial 30 day guarantee, all sales are final, and all contracts are binding. I do not offer refunds for coaching and/or consulting services as well as events. I am here to coach you to your highest level of success, and part of that is requiring a commitment that you are fully invested in the coaching package. When refunds are an option, you can have “one foot in” the work, and “one foot out” the door. It is YOUR benefit to decide BEFORE purchasing your package and committing to work with me that I am the right coach for you. If you are in, you need to be 100% in, just as I will be for you. Programs that are paid in installments will be collected in full as if the entire program was paid in full upon enrolling.

Further, I agree by accepting my terms of enrollment that I will not now or in the future attempt to “charge back” these fees for any reason. I agree that a copy of my enrollment information on file will serve as proof to Mastercard, Visa, Discover, or American Express and that my enrollment acknowledges my understanding of these terms and that my chargeback request should and will be denied by the credit card companies listed above.

As an example: If you hire a math tutor for your child and they don’t do their homework and as a result fail does the tutor give a refund? No. As a Coach people are paying for my time, the 1:1 calls we have weekly. Failure to do the work or change of heart are not reasons that justify refund.

Our Website(s) and/or Domain Name(s) do not take title to returned items until the item arrives at our office. At our discretion, a refund may be issued without requiring a return. In this situation, our Website(s) and/or Domain Name(s) do not take title to the refunded item. We have specific refund and return policies for our products and services, and you can find them in the terms upon check out and/or email us at our support email address.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. 

You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that our Company is not responsible for third party access to your account that results from theft or misappropriation of your account. Our Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Consideration

You agree that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the website and data, materials and information available at or through the website.

Changes

We may revise these terms from time to time and the most current version will always be posted on our website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest terms. By continuing to access and use the website, you agree to be bound by the changed terms. If you do not agree to the new terms, you agree to stop using the services. We may change, suspend, discontinue, or restrict access to, the website without notice or liability. If there is a dispute about the terms or the services, the terms in effect at the time the dispute arose shall apply.

Our Company Owns The Services And Associated Content

The services are being provided and sold to you by our Website(s) and/or Domain Name(s) only for use under the terms. You do not acquire any right, title or interest in or to the services or any associated content other than the limited license granted to you by these terms. Any rights not expressly granted to you in these terms are expressly reserved.

Copyright and Trademarks

All content and services included in or made available through our Website(s) and/or Domain Name(s), such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (including any derivatives of or enhancements to the same) is the property of our website(s) and/or domain name(s) and is protected by copyright, trademark, patent and other laws of both the united states and foreign countries.


These terms do not grant you any rights to use our Website(s)’s and/or Domain Name(s)'s trademarks, logos, domain names, or other brand features. All other trademarks not owned by us that may appear on or in any our website(s)’s and/or domain name(s)’s service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by our website(s) and/or domain name(s).

Property & Feedback

We appreciate it when users send us feedback, but please be aware that we may freely use any feedback, testimonials, comments, or suggestions you send us without any obligation to you. 

When you use our Website(s) and/or Domain Name(s) and/or services or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other website(s) and/or domain name(s). You can retain copies of these communications for your records. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Availability Of Our Services

We try our best to have our Website(s) and/or Domain Name(s) and our services available 24 hours a day, 7 days a week. There may still be times when the services are unavailable for routine maintenance, to correct technical difficulties, or for some other reason. Availability of the services is subject to change at any time in our sole discretion. We may discontinue the website at any time and for any reason, without notice. We may change the contents, operation, or features of the website at any time for any reason, without notice.

Third-Party Content And Links

We may provide third-party content through the services. Any such content represents the opinions, judgments, and offerings of the third-party, not our company. We do not endorse and are not responsible in any way for, any such content and we expressly disclaim any endorsement or responsibility for such content.

Links to other websites are provided for your convenience and reference only. We have no control over these sites, and we are not responsible for their content. We do not endorse and are not responsible in any way for, any content on these sites and we expressly disclaim any endorsement or responsibility for such content.

Please note that when you travel from the services to another website, whether through links provided on the service or otherwise, you will be subject to the privacy policies (or lack thereof) of these sites. We caution you to use good judgment and to determine the privacy policy of these sites before you provide any personal information.

Your Obligations

You Must:

A.) Not act in a way, or use or introduce anything (Including any Virus, Worm, Trojan Horse, Timebomb, Keystroke Logger, Spyware or other similar feature) that in any way Compromises, or may compromise, the website or any underlying system, or otherwise, attempt to damage or interfere with the website or any underlying system.

B.) Obtain our written permission to establish a link to our website. If you wish to do so, Email your request to using our support email above.

C.) Indemnify us against all loss we suffer or incur as a direct or indirect result of your Failure to comply with these terms.

Suspension And Termination

Without prejudice to any other right or remedy available to us, if we consider that you have breached these terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the website (or any part of it). on suspension or termination, you must immediately cease using the website and must not attempt to gain further access.

Risk Of Loss

All purchases of physical items from our Website(s) and/or Domain Name(s) are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Sanctions And Expert Policy

You may not use any of our Website(s) and/or Domain Name(s) if you are the subject of U.S. Sanctions or of sanctions consistent with U.S. Law imposed by the governments of the country where you are using our Website(s) and/or Domain Name(s). You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

International Users

The Service is controlled, operated and administered by our Company and Website(s) and/or Domain Name(s) from our offices within the USA. If you access the Website(s) and/or Domain Name(s) from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the our Company's content accessed through our Website(s) and/or Domain Name(s) in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Disclaimer Of Warranties And Limitation Of Liability

The services are provided on an “as is” and “as available” basis, for use by you at your own risk, without express or implied warranty or condition of any kind. 

Without limiting the foregoing and to the fullest extent permitted by law, our company, and its officers, directors, employees, any parent companies, partners, successors, agents, distribution partners, affiliates, subsidiaries, content providers, service providers, vendors, licensors, merchants, related companies, advisory boards, representatives, and suppliers (collectively our Website(s) and/or Domain Name(s) entities”) disclaim any and all warranties, express and implied, including any: 

(1) Warranties that the services will meet your requirements or achieve certain results; (2) warranties concerning the availability, accuracy, security, usefulness, timeliness, or completeness of informational content made available through the services; and (3) warranties of title, non–infringement, merchantability or satisfactory quality, and fitness for a particular purpose.

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. Our Company and/or its suppliers may make improvements and/or changes in the site at any time.

Our Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. 

To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Our Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, 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 our 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 our 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.

Indemnification

You agree to indemnify and hold harmless our Website(s) and/or Domain Name(s) and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “indemnified parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the indemnified parties arising out of, in connection with or related to any breach or alleged breach by you of these terms of use. you shall use your best efforts to cooperate with us in the defense of any claim. 

We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

Arbitration

You and our Company each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents or information and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided in these terms. We will contact you based on the contact information you have provided us. 

If you and our company cannot resolve any dispute after 30 days, the party seeking to pursue a claim will submit the claim to arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.

Any claim or dispute between you and our Company and/or Website(s) and/or Domain Name(s), and any claim by either against any agent, employee, successor, or assign of the other, including third parties, whether related to these terms or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the jams under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from Jams’ website (www.jams adr.com) or by calling jams at 949-224-1810.

You agree that receiving the services is a transaction involving interstate commerce. These terms and any related arbitration proceedings will be governed by the federal arbitration act, 9 u.s.c. 1-16. any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

Either you or our Website(s) and/or Domain Name(s) may bring applicable claims in small claims court. Also, you and our Company,  Website(s) and/or Domain name(s) each agree that any arbitration will be solely between you and us, not as part of a class-wide claim. If any court or arbitrator determines that this class-wide restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the classwide dispute must be brought in court.

No Class Actions

To the extent allowed by law, you and our Company each waive any right to pursue disputes on a classwide basis; that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding.

No Jury Trial

To the extent allowed by law, you and our Company each waive any right to trial by jury in any lawsuit, arbitration or other proceeding.

Miscellaneous Legal Terms

These terms and the use of the services will be governed by our Company’s state law except for its conflicts of laws principles. All claims arising out of or relating to these terms or the services that are not governed by the arbitration clause must be litigated exclusively in the federal or state courts located in the city and state of our Company, and both parties consent to venue and personal jurisdiction there.

These terms constitute the entire and exclusive agreement between you and our Website(s) and/or Domain Name(s) with respect to the services, and supersede and replace any other agreements, terms and conditions applicable to the services. If you are paying for the services or someone is paying for the services on your behalf, the previous sentence does not apply and you remain subject to the terms of all agreements with our website(s) and/or domain name(s) related to your use of the services.

These terms create no third party beneficiary rights.

Our failure to enforce a provision of these terms or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these terms of use as to that breach or any other. If any provision of these terms of use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

You may not assign any of your rights in these terms, and any such attempt is void. Our Website(s) and/or Domain Name(s)may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the services.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms of use or your use of the website.

Minors

We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other website visitors with any personal information.

Privacy Policy Is Part Of These Terms And Conditions

Our privacy policy is part of, and subject to, these terms and conditions of use.

Contact Us

Stream Stackers welcomes your questions or comments regarding the Terms:

Stream Stackers
ben@streamstackers.com

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INCOME DISCLAIMER: This website and the items it distributes contain business strategies, marketing methods and other business advice that, regardless of referenced results and experience, may not produce the same results (or any results) for you. Stream Stackers makes absolutely no guarantee, expressed or implied, that by following the advice or content available from this web site you will make any money or improve current profits, as there are several factors and variables that come into play regarding any given business. Primarily, results will depend on the nature of the product or business model, the conditions of the marketplace, the experience of the individual, and situations and elements that are beyond your control. As with any business endeavor, you assume all risk related to investment and money based on your own discretion and at your own potential expense.
TESTIMONIALS: We present testimonials and insights about other people’s experiences with our website for purposes of illustration only. The testimonials, examples, and photos used are of actual clients. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only.