Terms and Conditions for SmartWebNow LLC

Effective Date: December 21, 2024

 

TERMS OF PARTICIPATION

Welcome to The Decision Blueprint, provided by SmartWebNow LLC. These Terms and Conditions govern your participation in and use of The Decision Blueprint course, which is published under the website BrainPrompts.com and owned by SmartWebNow LLC. Please READ carefully. By purchasing and/or using this product, the following Terms and Conditions are entered into by SmartWebNow LLC (“SmartWebNow LLC”, “Company”, “we”, or “us”) and You (“Client”, “You”, or “Participant”) agree to the following terms stated herein.

 


PROGRAM/SERVICE

SmartWebNow LLC (herein referred to as “SmartWebNow LLC”, “Company”, “we”, or “us”) agrees to provide Program, “The Decision Blueprint” (herein referred to as “Program” or “the Program”) identified in an online ecommerce shopping cart. As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

As part of the Program, the Company shall provide the following to Client:

A Password Protected Program Area: The Company shall maintain a Program Area that will include multimedia lessons, worksheets, templates, checklists, pdfs, and other training and support information. You shall have access to this Program Area for as long as the Program Area exists, however no less than 30 days. In the event that the Company intends to close the Program, it shall provide Clients with a 30 day notice and the opportunity to download the core resources contained in the Program.

From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the Program and they vary depending on specific live and automated promotions throughout the year.

The Live Monthly “The Decision Blueprint” Q&A sessions with Tim fall under this bonus category. You’ll get access to 12 exclusive monthly Q&As with Tim which will be recorded and available for replay each month. The Company reserves the right to discontinue these question and answer sessions at any time without any advance notice, however no less than 12 Q&A sessions will be delivered from the date of your purchase.

Company agrees to provide Program with access to password-protected course materials, including but not limited to: multimedia lessons; worksheets, workbooks, documents, pdfs, templates, and frameworks; course storylines; online community engagement areas.

 


DISCLAIMER

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program.

Client understands Tim Gjavenis (herein referred to as “Consultant”) and Company, is not an employee, agent, lawyer, doctor, manager, advisor, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, decision-making, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this Program. If the Parties continue their relationship, a separate agreement will be entered into.

The Program provides decision-making education based on structured frameworks. It does not guarantee decision outcomes, financial success, business growth, or personal or business outcomes. Clients acknowledge that results depend on individual effort and application of course material.

 


FEES

In consideration of Client’s access to the Program, client agrees to pay the following fees:

You may choose between a single payment of $297 (due immediately) or 3 monthly payments of $108. If you elect to pay for the Program in full, you can pay in one payment of $297. If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following 2 payments on a monthly basis, for a total payment of $324. If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend Client’s access to the Program.

 


REFUND POLICY

If you qualify for a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not expedite any refunds.

Since we have a clear and explicit Refund Policy that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. 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.

 


METHODS OF PAYMENT

If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your program access will be removed.

If you do not request a refund within the terms of the program with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan and you understand that your Program access will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.

 


OUR MINIMUM GUARANTEES

Unless otherwise noted, all products come with a 30 days guarantee. Longer conditional guarantees may apply, so check the sales material at the time of your order for details. If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact [email protected].

 


COMPANY REFUND POLICY

We want you to be satisfied with your purchase, and we also want you to give your best effort to apply all of the strategies in the course. Effective December 21, 2024 the Company will provide a 30-day money-back guarantee for the Program. That money-back guarantee is governed by the following terms:

In order to qualify for a refund you must submit proof that you did the work in the course and it did not work for you. In the event that you decide your purchase was not the right decision, within 30 days of enrollment, contact our support team at [email protected] and let us know you’d like a refund by the 30th day at 11:59 PST. You must include your coursework with your request for a refund. If you request a refund and do not include your coursework by the 30th day, you will not be granted a refund.

The work that you need to submit with your request for a refund includes access (via a link or links) to ALL of the following completed items:

  • Decision Alignment
  • Decision Checklist
  • Decision Confidence Diagnostic
  • Decision Cost Calculator
  • Decision Discovery
  • Decision Matrix
  • Decision Style Assessment
  • Eisenhower Matrix
  • Fishbone Diagram
  • Pre-Mortem Analysis
  • Risk Tolerance Analysis
  • Scenario Planner
  • SWOT Analysis
  • Systems Map

Refunds will not be granted if participants fail to provide access (via a link or links) all required completed workbooks, worksheets, diagrams, and documents.

We will NOT provide refunds more than 30 days following the date of purchase. After day 30, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.

Please note: If you opted for a payment plan and you do not request a refund within 30 days, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, community areas and social media groups limited to paying members, and other resources.

All refunds are discretionary as determined by SmartWebNow LLC. 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. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

All purchases are entitled to a 30-day money-back guarantee for the Program. In order to qualify for a refund you must submit proof following the steps above that you did the work in the course and it did not work for you. In the event that you decide your purchase was not the right decision, within 30 days of enrollment, contact our support team at [email protected] and let us know you’d like a refund by the 30th day at 11:59 PST.

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].

 


INTELLECTUAL PROPERTY & RESTRICTIONS ON USE

By purchasing the Program, you agree to these Terms of Use:

All content in Program is property of Company and/or our affiliates or licensors or assignees, and is protected by copyright, trademark, and other intellectual property laws. You may use Program for your own personal use only (or applying Program generally in your own business). You may not republish, reproduce, duplicate, copy, sell, display, distribute to friends, family, or any other third party, or use any material from Program for commercial purposes, or in any way that earns you or any third party money (other than by applying it generally in your own business). Any unauthorized use of any Program materials will constitute infringement of our rights.

Clients may not:

  • Copy, distribute, or reproduce course materials for commercial use
  • Share login credentials with others
  • Resell any part of the Program

Violations of these terms will result in immediate termination of access without a refund.

Program provides information and education only, and does not provide any financial, business, legal, medical or psychological services or advice. Your level of success in attaining results from our Program depends on the time you devote to the strategies, ideas, frameworks, workbooks, worksheets, documents, and techniques described, and your knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or decision-making ability. Nor are we responsible for any of your actions. Many factors will be important in determining your actual decision-making results and no guarantees are made that you will achieve results similar to ours or anybody else’s; in fact, no guarantees are made that you will achieve any results from our ideas and techniques in our material. 

 


CONFIDENTIALITY & CLIENT RESPONSIBILITY

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program Participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Program Participants outside of the bounds of the Program unless you receive express written permission from such other Program Participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, workbooks, worksheets, documents, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, its owners and employees, and other Program participants.

 


NO TRANSFER OF INTELLECTUAL PROPERTY; RESTRICTIONS ON USE OF COMPANY INTELLECTUAL PROPERTY

All content included as part of the Program, such as text, graphics, logos, images, video, audio, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors or assignees. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.

Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.

The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and 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 individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner (other than by applying it generally in your own business). You agree that 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 the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

 


INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

 


FORCE MAJEURE

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, wind, rain, snow, hail, natural disaster, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, telecommunication breakdown, power outage.

 


SEVERABILITY/WAIVER

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

 


MISCELLANEOUS

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program 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, services, and related graphics contained in the Program 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. The 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 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 Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, 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 or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.

 


CODE OF CONDUCT & COMMUNITY ENGAGEMENT

Participants engaging in course discussions, community forums, or live Q&A sessions must adhere to respectful communication standards. Company reserves the right to remove individuals from community spaces for inappropriate conduct, harassment, promotional spam, or any other conduct detrimental to Company or to any Participants.

 


MODIFICATIONS

Company reserves the right to modify these Terms and Conditions at any time. All modifications and updates will be posted on the course website. Continued participation in the Program constitutes acceptance of revised terms.

 


TERMINATION

The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

 


ASSIGNMENT

Client may not assign this Agreement without express written consent of the Company.

 


INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, assignees, 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 Program and related 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. The Company 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.

 


RESOLUTION OF DISPUTES

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Santa Fe, New Mexico.

 


EQUITABLE RELIEF

In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may present such claim only in the state or federal courts of competent jurisdiction for equitable relief that are geographically nearest to Santa Fe, New Mexico, including without limitation a temporary restraining order or injunction.

 


GOVERNING LAW & DISPUTE RESOLUTION

These Terms and Conditions are governed by the laws of the State of New Mexico. Any disputes shall be resolved in a court of competent jurisdiction nearest to Santa Fe, New Mexico.

 


By purchasing and participating in the Program, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

For questions or support, contact [email protected].

 

© SmartWebNow LLC

Last update: March 8, 2025