CREATE SOMETHING AMAZING
Terms and Conditions
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS. PLEASE READ IT CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.
Applicability of Terms and Conditions
These terms and conditions (these “Terms”) shall apply to your purchase of products and related services through createsomethingamazing.com (the “Site”), including but not limited to Behind the Build, The Pitch Edit, and any other coaching, training, audit, or strategic services offered by Create Something Amazing, LLC (referred to herein as either “Company,” “we,” “us,” or “our”). These Terms are subject to change at any time without prior written notice by Company. The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
Online Orders and Limited License
When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirmation email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion.
For content you have access to through purchases made on the Site — including but not limited to audit reports, written reviews, training materials, templates, frameworks, and recorded or live session content — Company grants you a limited, personal, non-exclusive, non-transferable license to use the content for your own personal and internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, enhance, or in any way exploit any of the content, in whole or in part, in any manner. You shall not remove any copyright notice from any content or any part of any product or service. Doing so may infringe on our intellectual property rights, as outlined below.
Payment Terms
All applicable prices are set forth alongside the goods and services offered on the Site. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any sales, use, excise, and related taxes. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider. By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
Refunds
Unless otherwise stated on our Site or agreed between us in writing, all sales are final, and we do not offer refunds. This includes The Pitch Edit, Behind the Build, and any associated add-on services, once the applicable onboarding questionnaire or intake form has been submitted or work has commenced.
Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability
Buyer's R&Ws. You represent and warrant to us as follows: (i) that you have the right to enter into any transaction contemplated hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale.
Company's Disclaimer of Warranties: Any products or services purchased by you on the Site — including audits, strategic reviews, and event planning intensives — are sold “as is” without any representation, warranties, or conditions of any kind, either express or implied (whether by law, course of dealing, course of performance, usage of trade, or otherwise), including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Without limiting the foregoing, Company makes no warranty that (i) the product or service will meet your requirements, (ii) the product or service will be uninterrupted, timely, secure, or error-free, or (iii) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations.
Sole and Exclusive Remedies/Liability Cap: SUBJECT TO APPLICABLE LAW, THE REMEDIES SET FORTH ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES, AND OUR ENTIRE OBLIGATION AND LIABILITY, FOR ANY BREACH OF OUR LIMITED WARRANTY. SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COMPANY'S OBLIGATION OR LIABILITY HEREUNDER EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Earnings & Results Disclaimer
If we present case studies, outcomes, or results on our Site — including event outcomes, client testimonials, or examples of pitch materials that closed a deal — we are showcasing exceptional results that do not reflect the average experience. YOU AGREE THAT YOU ARE NOT RELYING ON ANY RESULTS, OUTCOMES, OR PERFORMANCE INFORMATION WE PRESENT AS ANY KIND OF PROMISE, GUARANTEE, OR EXPECTATION OF ANY LEVEL OF SUCCESS.
Your results will be determined by a number of factors over which we have no control, such as your industry, budget, internal resources, organizational buy-in, timeline, and execution. Producing a corporate event or sending a pitch deck carries inherent risk, and your use of any information, audit, template, or framework provided by Company is at your own risk. By using our Site or purchasing any product or service, you agree that we are not responsible for any decision you may make regarding any information presented to you or as a result of any purchase. NEITHER COMPANY NOR ITS AFFILIATES MAKE ANY GUARANTEE, PROMISE, OR REPRESENTATION ABOUT THE OUTCOME OF ANY EVENT, PITCH, OR BUSINESS RESULT THAT MAY FOLLOW YOUR USE OF OUR SERVICES.
Intellectual Property & Non-Disclosure
You acknowledge and agree that our products and services — including The Pitch Edit audit methodology, the Behind the Build curriculum and 5-pillar framework, all templates, worksheets, run-of-show documents, budget architecture tools, and any systems, sequences, processes, strategies, or steps shared by Company with you — are protected by copyright, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Company, you agree not to modify, copy, scrape, rent, lease, loan, sell, distribute, or create derivative works based on any Company product or service, in whole or in part. You agree not to disclose the content of any Company product or service to any third party unless expressly authorized by Company.
Testimonial Release
If you provide any feedback to us — including a written review, video testimonial, or case study detail — you grant Create Something Amazing, LLC, along with its subsidiaries, licensees, representatives, affiliates, agents, successors, and assigns the irrevocable right and license to use (in whole or in part) your feedback (including any related audio or video content) along with your name, company name, and image (collectively, “Testimonial”) in perpetuity throughout the world in any and all forms of media for any and all purposes, including marketing and promotional use. You hereby waive any right you may have to inspect or approve any Company use of your Testimonial. You attest that any Testimonial you provide is true and accurate in all respects and reflects your personal experience and honest beliefs. You hereby release and hold harmless Company, along with its officers, directors, employees, agents, affiliates, and assigns (each a “Company Party”) from and against any and all claims, demands, and liabilities of any kind or nature arising in any way out of Company's exploitation of the Testimonial, including without limitation any claims alleging that Company or a Company Party violated your intellectual property, privacy, or publicity rights. You will not make any claim against Company or any Company Party for its use of the Testimonial.
Termination
If Company believes you have breached any obligation under these Terms, or if Company believes that you have exceeded the scope of the license granted to you under these Terms, Company may terminate these Terms immediately upon notice to you and shall have no further obligation to render any services or provide access to any product. For avoidance of doubt, you agree that any use of Company materials by you to create any commercial or informational content that is substantially similar to the frameworks, templates, or methodology provided by Company under these Terms relating to event strategy or pitch consulting shall constitute a material breach of these Terms.
You and Company may terminate these Terms immediately upon mutual written consent.
Upon termination of these Terms, your right to use and access Company materials will cease, and you will not be entitled to any further Company services.
Privacy Policy
Please review our Privacy Policy, which can be found at the following address: createsomethingamazing.com/privacy-policy. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site.
Third Party Beneficiaries
These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
Force Majeure
Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, pandemics, endemics, acts of God, terrorism, venue closures, and/or delivery, vendor, supplier, or other third-party delays, non-performance, or failures of any kind.
Assignment
Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
Partial Invalidity
In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Governing Law / Binding Arbitration
Governing Law: These Terms shall be governed by the laws of the State of [CA], without regard to its conflict of laws principles.
Binding Arbitration: Subject to the Exceptions below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one arbitrator sitting in [Los Angeles], [CA]. The language of the arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of [CA]. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This section provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
Exceptions: Notwithstanding the foregoing, nothing in this Section will preclude or otherwise limit either party's rights to (1) bring an individual action in small claims court, or (2) bring an individual action seeking only temporary or individualized injunctive relief in a court located in [Los Angeles], [CA], pending a final ruling from the arbitrator.
No Waivers
Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
Notices
We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) email, at business@createsomethingamazing.com; or (ii) personal delivery, overnight courier, or registered or certified mail to: Create Something Amazing, LLC, [1401401 21st Street STE R], [Sacramento, CA 95811].
Entire Agreement
These Terms, and the Privacy Policy, are the entire, final, complete, and fully integrated agreement between you and us with respect to the subject matter hereof and supersede any prior agreements or communications between you and us, whether written, oral, electronic, or otherwise. Each party acknowledges and agrees that it is not relying upon any representations or statements made by the other party or the other party's employees, agents, or representatives regarding these Terms, except to the extent such statements are expressly set forth herein.