Terms & Conditions
What is MrBenBurns?
Burnt Creative LLC, a South Carolina limited liability company, doing business as MrBenBurns (hereinafter "MrBenBurns" or "We/Us/Our") provides services, products and information via our website (located at https://mrbenburns.com, including https://calc.mrbenburns.com), our social media accounts (including Instagram at https://instagram.com/mrbenburns and our other accounts under the handle @mrbenburns, and X at https://x.com/mrbenburns_), and other platforms which may be added or removed at any time. Collectively, these sites are referred to as the "Platform(s)" and include all versions accessible through all devices (such as mobile and desktop apps, web browsers, etc.)
All Users Agree to Our Terms & Conditions
All visitors (hereinafter, "User(s)", "You" or "Your") to our Platforms are subject to the terms, conditions and notices set forth in these Terms and Conditions (the "Terms & Conditions"). Purchasers of Our products or subscribers to Our services may be subject to additional rules applicable to such transactions. These Terms & Conditions may be amended from time-to-time.
By using Our Platforms, purchasing Our products (physical and/or digital) or subscribing to Our services, You accept these Terms & Conditions and agree to comply with all of its provisions.
If You do not wish to accept these Terms & Conditions, DO NOT USE OUR PLATFORMS, PURCHASE OUR PRODUCTS OR SUBSCRIBE TO OUR SERVICES.
All Users Agree to Our Privacy Policy
You agree to the terms of our Privacy Policy set forth at https://mrbenburns.com/privacy and as may be amended from time-to-time.
Purchases and Subscriptions
We provide products in the form of physical goods and downloadable digital products. We also provide access and subscriptions to courses, course materials, and private online communities. Collectively, we refer to our products, services, courses, and subscriptions as "Our Products." All purchasers of any of Our Products agree to the following conditions for any paid transaction with us (hereinafter, "Payment Terms"). You warrant and represent that you are authorized to use any payment method you provide to us (such as PayPal accounts or credit cards). You agree to indemnify us against losses we may sustain as a result of any breach of this warranty. We use third-party vendors to process payments for Our Products. These vendors are currently Stripe, Google Pay, and Apple Pay. Visit https://stripe.com, https://pay.google.com, and https://www.apple.com/apple-pay/ to view these vendors' specific privacy policies and terms and conditions. Our Privacy Policy applies only to data over which We have control. We reserve the right to change the costs of our Products at any time. Please check with our Platforms for the latest pricing.
Refund Policy
Digital products, including but not limited to subscriptions, courses, discussion group memberships, and access to any online communities ("Digital Products"), are non-refundable.
Physical products ("Physical Products") are eligible for a refund if returned in unused and original condition within thirty (30) days of delivery. To qualify for a refund, the product must be returned in its original packaging with all labels intact. The customer is solely responsible for all return shipping costs. Refunds will be issued to the original payment method within thirty (30) days of receipt of the returned item. Shipping costs are non-refundable.
Live event purchases, including both in-person and virtual events, are refundable within forty-eight (48) hours of the original purchase. After this period, all sales are final and non-refundable unless the event is canceled by MrBenBurns, in which case a full refund will be issued.
Cancellation Policy
It is the sole responsibility of the customer to manage and cancel their subscriptions, event registrations, or product orders in accordance with the following terms.
Subscription Cancellations
You may cancel your membership subscription at any time by logging into your account and navigating to the Billing section. Cancellations are effective at the end of the current billing period. No prorated refunds will be issued for partial periods. To avoid being charged for the next cycle, cancellations must be completed at least twenty-four (24) hours before the renewal date.
Upon cancellation, all access to MrBenBurns services (including the community, learning materials, events, and member-only resources) will be revoked at the end of the current billing period. Continued access after cancellation is not permitted. Failure to cancel through your account or to follow the outlined process may result in continued charges, which will not be eligible for a refund or dispute.
Event Cancellations
Live event registrations (including both in-person and virtual events) may be canceled within forty-eight (48) hours of purchase. After that, all sales are final unless the event is canceled by MrBenBurns, in which case a full refund will be issued.
Product Order Cancellations
Physical product orders may be canceled prior to shipment. Once a shipping confirmation has been issued, the return policy will apply instead of cancellation.
Conduct of Users
Users of Our Platforms understand and agree that Our Platforms may only be used for lawful purposes and in accordance with these Terms & Conditions.
Users of Our Platforms represent that You are of legal age and capable of forming a binding contract with Us. These Terms & Conditions are a binding contract.
Prohibited Conduct. Users of Our Platforms understand and agree that You will not engage in any of the following conduct (collectively, "Prohibited Conduct").
- You will not violate or encourage the violation of any local, state, national, or international law or regulation.
- You will not collect or store personal data about other Users of our Platforms or solicit personal information from any other Users of our Platforms.
- You will not act in any manner which will cause other Users to believe that You are any other person or entity other than who You actually are, or cause other Users to believe that You represent any other person or entity other than who You actually represent.
- You will not submit or distribute any so-called "spam" or "junk mail" or "chain letters" or otherwise promote any commercial endeavor.
- You will not solicit money, goods or services for private gain.
- You will not disrupt or interfere with the security or use of our Platforms.
- You will not damage our Platforms through the submission or use of any damaging software or other actions.
- You will not use or attempt to use any other User's account or identity.
- You will not attempt to gain unauthorized access to any User's account or to any of Our Platforms.
- You will not engage in any conduct that may interfere with any User's or third-party's ability to access or enjoy Our Platforms.
- You will not assist any third-party in engaging in any Prohibited Conduct.
Links to our Platforms. You may provide links to the home page of Our Platforms, but not to any other content within Our Platforms. You may not provide links that frame Our content. You may not provide links in a manner that may damage Our reputation or that might indicate any form of association with Us or endorsement by Us.
Ownership and Use of Submitted Content
- Ownership. You agree that any content submitted by You at any time to or through any of Our Platforms (hereinafter, "Submitted Content") becomes Our sole and exclusive property. Submitted Content includes, but is not limited to, questions, comments, e-mails, chats, messages or other writings, photographs, audio and/or video recordings, and all other content in any medium of expression. In the event that these Terms & Conditions, in the applicable jurisdictions, do not convey all rights to any Submitted Content, then you hereby grant to us a non-exclusive, royalty-free, perpetual, transferable, and sub-licensable license to copy, transmit, use, create derivative works from or otherwise exploit all Submitted Content. You hereby waive any moral rights (Droit Moral) you may have to such Submitted Content and agree that You waive any claims You may have under any theory of law or equity regarding Our use in any manner of any Submitted Content. In addition, all Submitted Content is deemed to be, and warranted by You to be, non-confidential and non-proprietary. By providing Submitted Content, You agree that We may use, disclose or otherwise exploit the Submitted Content in any manner. You also agree that We are not responsible for the conduct of other uses of Our Platforms or any third parties with whom You or We share Your Submitted Content.
- Prohibited Content. Submitted Content shall not contain any of the following (hereinafter, "Prohibited Content") and You agree not to submit any of the following Prohibited Content:
- Submissions that promote any commercial activity other than commercial activity provided through Our Platforms.
- Submissions that are illegal, promote or advocate illegal activity or otherwise violate the criminal or civil laws of any jurisdiction.
- Submissions that are libelous, slanderous, defamatory, abusive, offensive, inflammatory or otherwise objectionable.
- Submissions that are intended to harass, vilify or annoy any third-party.
- Submissions that are discriminatory against any individual on the basis of any personal characteristics.
- Submissions that are indecent, pornographic or otherwise contain sexually explicit material or language.
- Submissions that infringe on any copyright, trademark, patent, trade secret or other intellectual property or other rights of any third party.
- Submissions that infringe on the personal rights of any individual including, but not limited to, any rights of privacy or publicity.
- Submissions that purport to originate from any individual or entity other than the individual actually submitting the content.
- Termination of Access. We reserve the right to suspend, restrict or revoke access to our Platforms to any User at any time in the exercise of Our sole discretion.
- Cooperation with legal process. We reserve the right to assist law enforcement in the investigation of any crime or occurrence and to cooperate with any legal process in the exercise of Our sole discretion.
Participation in Events and Group Coaching
From time-to-time, We may offer events in which attendees of Our events may interact with one-another and/or with Our staff and/or with Our invited guests. If You attend or participate in any of these events, whether by attending in person or through any of Our Platforms, You agree to the following terms and conditions. If You do not agree, do not attend these events.
- Prohibited Content. You agree not to submit any Prohibited Content as defined in these Terms & Conditions.
- Termination/removal. You may be removed from any event in the exercise of Our sole discretion.
- Any advice, guidance, or recommendations provided during events or group coaching sessions are for informational purposes only and are based on personal experience. MrBenBurns does not provide professional legal, financial, or business advice. Users are encouraged to consult with qualified professionals before making decisions based on information provided through our services. MrBenBurns is not liable for any outcomes resulting from the use of such information.
- Appearance Release. You agree that We may record any appearance by You at any event (whether Your appearance is in person or through any of Our Platforms), which appearance may include Your name, likeness, photograph, voice, dialogue, sounds, biographical information, personal characters or other personal identification captured by Us or submitted by You during the course of an event (collectively, such data is "Your Appearance"). We may use or otherwise exploit Your Appearance, along with any Submitted Materials as defined in these Terms & Conditions, in any manner throughout the universe, in perpetuity, and in any and all media now known or hereafter devised, without any monetary compensation to You whatsoever. You understand that any dispute regarding the use of Your Appearance will be subject to the Dispute Resolution provision set forth in these Terms & Conditions. In the event that any Arbitrator or other tribunal finds that Our use of Your Appearance requires compensation, You agree that We may use Your Appearance in any manner for the sum of five-hundred United States dollars which payment shall constitute a retroactive license.
Intellectual Property
- Our Rights. Our Platforms and the entire content appearing in Our Platforms including all text, images, software code, Submitted Content, audio and video and the design, layout, functionality and features of Our Platforms (collectively, "Our Materials") are owned by Us, Our licensors of Our Materials and other providers of Our Materials. Our Materials are subject to the laws of the United States and other jurisdictions via statute, treaty or otherwise. Such laws include those governing copyrights, trademarks, patents, trade secrets and other intellectual property rights (hereinafter, collectively, "Our Rights"). We reserve all of Our Rights to Our Materials. You are permitted to use Our Platforms solely for the non-commercial uses described in connection with our products and services. No grant of Our Rights is expressed or implied in any use of or transaction through Our Platforms. Any license to Our Materials, expressed or implied, is subject to revocation at will in the exercise of Our sole discretion.
- No License. You may not, directly or indirectly, copy, display, perform, distribute, creative derivative works from, modify or otherwise exploit Our Materials except as may be permitted for specific content as part of a transaction involving Our services. You may not use any of Our Materials or Our trademarks, logos or tradenames without Our express, prior, written permission.
- Third Party Rights. Some content appearing in our Platforms may be owned by third parties and are licensed for use by Us. You may not, directly or indirectly, copy, display, perform, distribute, creative derivative works from, modify or otherwise exploit any third-party content except as may be permitted for specific content as part of a transaction involving Our services. Trademarks and trade names of third parties remain the ownership of those third parties and may not be used without the permission of their respective owners.
- Allegations of Infringement (DMCA). If You believe that any of Our Materials violates Your copyright(s) or other rights, You may request removal of those materials from Our Platforms by submitting written notice in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"). Your notice must include the following:
- Your name, address and contact information.
- A copy of the work(s) You believe are being infringed upon within Our Platforms.
- A readily identifiable description and location with Our Platforms of the work(s) You believe are infringing.
- A statement signed by You attesting that You are acting on behalf of the copyright owner and that You believe, in good faith, that the works You identified as infringing are being used without authorization.
Limitation of Liability
- As-Is / As-Available. All of Our Platforms and Our Materials are provided to You on an as-is and as-available basis. We provide no guarantee that Our Platforms or Our Materials will be available at any given time or through any given device.
- No Warranties expressed or implied. Your use of Our Platforms and Our Materials is at Your own risk. We make no warranty, express or implied, regarding Our Platforms, Our Materials or the accuracy, applicability, or usability of Our Materials for any purpose. We make no warranty that use of Our Platforms is free of viruses or other harmful or incompatible software that may damage any device on which You view Our Platforms or Our Materials. We disclaim any and all warranties of any kind, express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for any particular purpose.
- Not liable for content. You assume any risk associated with any reliance You place on Our Materials whether such content is provided by Us or by any Users of Our Platforms or any other third-parties.
- No Legal Advice. Our Materials are not to be construed as legal advice in any manner. You should consult an attorney of Your choosing regarding any legal matter that You may have and not rely on any of Our Materials in making any decisions or taking or refraining from any actions.
- No Professional Advice. Our Materials, services, and group coaching calls are not intended to constitute financial, business, or other professional advice. MrBenBurns does not guarantee the accuracy, completeness, or applicability of any information provided. Users should seek the advice of qualified professionals for any legal, financial, or business matters. Your use of Our Platforms and services does not establish a professional-client relationship with MrBenBurns or any of its representatives.
- Opinions expressed are of individuals. Our Materials may contain opinions regarding a particular subject. In such an event, the opinions expressed are those of the individual authors of those materials and are not to be construed as Our opinions. We are not responsible for any such opinions.
- Third-Party Links. We are not liable for any content or otherwise contained on any website or otherwise that You may encounter when following any link to any third-party.
- Limitation of Damages. To the maximum extent permitted by law, in no event shall MrBenBurns, its licensors, licensees, affiliates or partners, or the officers, directors, shareholders, equity-holders, members, employees, agents or attorneys of same be liable for any special, punitive, incidental, indirect or consequential damages, or any damages whatsoever, including, without limitation, any claims for damages arising from loss of use, loss of data, loss of profits, or any other such damages under any theory of liability, arising out of or in connection with the use of Our Platforms or Our Materials. You are solely responsible for any loss, claims or damages arising from any of Your Prohibited Conduct or Prohibited Submissions.
Indemnification
You agree to indemnify and hold harmless MrBenBurns, its licensors, licensees, affiliates or partners, and the officers, directors, shareholders, equity-holders, members, employees, agents or attorneys of same, from and against any claim arising from or related to Your breach of these Terms & Conditions and/or Your Prohibited Conduct and/or Your Prohibited Submissions.
Updates to Terms & Conditions and Privacy Policy
From time-to-time as Our Platforms and Our Materials evolve, we will update our Terms & Conditions and Privacy Policy. You agree to confirm that You have read and understood our most up-to-date Terms & Conditions and Privacy Policy prior to each occasion in which you access Our Platforms and Our Materials. We will post the date on which Our Terms & Conditions and Privacy Policy have been updated at the top of Our Terms & Conditions and Privacy Policy. We are under no obligation to provide you an e-mail or other notice regarding any updates to Our Terms & Conditions or Privacy Policy. Your continued access to Our Platforms and Our Materials constitutes consent to, and agreement with, these changes.
Dispute Resolution
In the unlikely event that You have a dispute with Us regarding Your use of Our Platforms or Our Materials, regarding or Our products, services, subscriptions or memberships, Our Privacy Policy, Our Terms & Conditions, Your relationship with Us (contractual or otherwise) or any other claim (collectively, "Disputes"), and we are unable to resolve that dispute through informal communications between Us, You agree that any such Disputes will be subject to the following dispute resolution: Any Disputes shall be resolved by binding arbitration before a single arbitrator in accordance with the then-existing rules of the American Arbitration Association. Venue for any such dispute shall be Greenville County, South Carolina, and South Carolina laws shall apply. You further agree that this dispute resolution mechanism shall be Your sole means to seek a remedy for any Dispute and that You will not engage in any class action or other collective action regarding any Dispute You may have with us. You understand that by voluntarily providing information to Us, by using Our Website or by otherwise engaging in any transaction with Us involving Our products or services, that You are waiving any rights to a trial by jury or to join any collective or class action litigation involving any Dispute.
Additional Legal Terms
- Integration. These Terms & Conditions along with Our Privacy Policy and any specific additional terms related to any specific transaction(s) regarding our products, services or subscriptions (collectively, "Our Agreement"), constitute the entire agreement between You and Us and supersede all prior and contemporaneous understanding, agreements, representations and warranties, written or oral. You may not make any changes to these agreements without Our written consent.
- Severability. If any provision(s) or term(s) of Our Agreement are held by any tribunal to be invalid or unenforceable, the provision or term shall be deemed modified and interpreted in a manner so as to achieve the intent of the original provision or term. All other provisions and terms of Our Agreement shall remain in full force and effect.
- No Waiver. No waiver of or failure to enforce any particular instance of any breach of Our Agreement shall be deemed a continuing waiver of any provision or of any subsequent breach of Our Agreement.
- Injunctive Relief. You agree that any breach or threatened breach of Our Agreement will damage Us in a manner that will render damages at law to be inadequate. Accordingly, You acknowledge that We may bring an action for injunctive relief against You for any breach or threatened breach of Our Agreement in addition to any action for monetary or other damages. We may bring such an action for injunctive relief in any court of competent jurisdiction or before an arbitrator selected under this Agreement.
- Injunctive Relief Waiver. You, as a condition of entering into Our Agreement, hereby waive any right to seek injunctive relief in any form that may impair or impede the display, distribution or other exploitation of Our Materials and under no circumstances shall You be entitled to equitable relief or to restrain or enjoin the use of Our Platforms or the distribution of any of Our Materials.
- Our Successors-in-Interest. Our Agreement shall inure to the benefit of any of Our successors-in-interest. You agree that We may transfer any and all data that You have submitted to Us or that We have collected from You to our successors-in-interest, without notice. Our successors-in-interest shall be subject to Our Privacy Policy.
Contact
Say Hello: hello@mrbenburns.com
Burnt Creative LLC 2701 Woodruff Road, Suite C PMB 164 Simpsonville, SC 29681