HabitGuys Terms and Conditions

HabitGuys Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Your access to and use of this website, as well as all related websites operated by HabitGuys (which includes www.habitguys.com) (collectively the “Site”), is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by HabitGuys, (the “Company”) and are the property of the Company and/or its third-party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “HabitGuys,” are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in these Terms and Conditions or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third-party owner. The Company respects the copyright, trademark, and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments, feedback, or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto) and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
8. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION.
9. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of these Terms and Conditions, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
10. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
11. All writings, technology, inventions, discoveries, processes, techniques, methods, ideas, concepts, research, proposals, and materials, and all other materials of any nature whatsoever, that are made available to, created, prepared, produced, authored, edited, modified, conceived, or reduced to practice in the course of these Terms and Conditions (collectively, the "Work Product"), shall be owned exclusively by the Company. Further, you shall not disclose to any third party the nature or details of any such Work Product without the express prior written consent of the Company. The Company is, and will remain, the sole and exclusive owner of all right, title, and interest in and to any documents, specifications, data, know-how, methodologies, software, and other materials provided to you by the Company ("Company Materials"), and all Intellectual Property Rights therein. You hereby acknowledge that you have no right or license to reproduce or use any Company Materials. All other rights in and to the Company Materials are expressly reserved by the Company.

By accepting these terms and conditions, you hereby grant the Company and their affiliates and licensees the irrevocable, transferable, perpetual right and license to record (by photograph, film, tape, aural devices and any other method or device) your name, voice, image and likeness and publish, print, display, or use any such recordings for any and all purposes, in any and all media now known or hereafter devised. Any recordings that you may create, save, use or publish during the term will belong to the Company, and you hereby irrevocably assign to the Company, for no additional consideration, your entire right, title, and interest in and to such recordings.

12. No waiver of any of the provisions of these Terms and Conditions shall be for any purpose deemed to be a waiver of the right of any party hereto to enforce strict compliance with the provisions hereof in any subsequent instance.
13. These terms and conditions and all performance contemplated herein shall be governed by, construed and enforced in accordance with the laws of the state of Florida. The parties herein agree to submit to the personal jurisdiction and venue of a court in Miami-Dade County, Florida. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHT IT MAY HAVE TO A JURY TRIAL IN ANY LEGAL ACTION IN RESPECT OF THE INTERPRETATION AND ENFORCEMENT OF THE PROVISIONS OF THESE TERMS AND CONDITIONS AND OF THE DOCUMENTS REFERRED TO HEREIN.
14. If any litigation concerning or arising out of these Terms and Conditions occurs, the prevailing party shall be entitled to all costs incurred in obtaining compliance with any terms and conditions outlined herein (which shall expressly include fees/costs for paralegal and other legal assistants) through final appeal, if any, in addition to any other relief which a party may be entitled to by law. The prevailing Party shall also be entitled to collect attorneys’ fees and costs litigating the issue of entitlement to and amount of attorneys’ fees and costs.
15. The Company uses commercially reasonable efforts to restrict unauthorized access to our databases, materials and files. The Company will not intentionally disclose any personally identifying information about you to third parties. However, no system can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify or distribute databases, materials and files. You hereby hold the Company harmless as to any such unintended disclosure as a result of a data breach or third parties. By using the Site, you signify your acceptance of the Company’s Privacy Policy, https://www.habitguys.com/pages/terms. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
16. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Use to which you are bound.

TERMS AND CONDITIONS

Contract: By enrolling and purchasing Habit University Program with one-on-one coaching, you (“the client”) represent and acknowledge that you understand and agree to HabitGuys (“Company’s”) Terms and Conditions as follows:

17. General

• You agree to comply with the rules and policies governing the program for which you have contracted, as existing now or later as announced by the Company.
• The services provided under the Contract are for business purposes only.
• The Company’s products and services are made available to you, for your sole use, and you may not make them available to others.
• You may not transfer, assign, or otherwise dispose of Habit University Program with one-on-one coaching or any of your rights or obligations arising under it, without the Company’s prior written consent.

18. Payment

You agree to pay a fee for the services to be performed as described in the HabitGuys Coaching Agreement. 

1. All payments are due in advance of the service being provided and the Company reserves the right to immediately cease providing services under the HabitGuys Coaching Agreement if any such installment payment is not timely made.
2. You will be charged a thirty-dollar ($30.00) fee for any charge rejected or returned as NSF by your credit card company or banking institution.
3. Late payments are subject to a thirty-dollar ($30.00) fee and will additionally accrue interest at the maximum rate permitted by law.

If applicable, for subscriptions that are paid in installments, you authorize the Company to charge the payment method provided by you periodically as more particularly described herein until the balance is paid in full. By authorizing recurring payments, you authorize the Company to process such payments as either electronic debits or fund transfers, or as electronic drafts from the designated bank account (in the case of Automated Clearing House or similar debits), as charges to the designated card account (in the case of credit card or similar payments).

All charges paid via credit card and ACH are deemed valid if the receipts are signed and/or you have provided written authorization (i.e., this contract or a signed form). You acknowledge that the chargeback process with a credit card company or banking institution is not the way to dispute fees under these Terms and Conditions. You further agree that a copy of this Terms and Conditions will serve as proof to the credit card company or banking institution that any chargeback request should and will be denied accordingly.

19. NON-PAYMENT

In the event of a default in the payment terms under the HabitGuys Coaching Agreement, or a denial or reversal of any payment due hereunder (including the payment of any installment due), all services and privileges will be suspended, and you will nevertheless still remain liable for the full amount due under the terms of the HabitGuys Coaching Agreement. You agree to pay any and all attorneys’ fees, costs, and expenses of collection of any amounts due under the HabitGuys Coaching Agreement, which shall expressly include fees/costs for paralegal and other legal assistants through final appeal, if any, in addition to any other relief which the Company may be entitled to by law.

20. CANCELLATION POLICY AND AUTO-RENEW

You may not cancel services prior to completing the term as described in the HabitGuys Coaching Agreement. There is no option for early termination. You understand that the entire amount due under the HabitGuys Coaching Agreement will become due and payable immediately if you attempt to terminate the Agreement early.

21. YOUR REPRESENTATIONS AND WARRANTIES

• You agree to comply with the rules and policies governing the program for which you have contracted as existing now and as may be later announced or amended by the Company.
• The services provided are for business purposes only.
• The products and services are for your sole exclusive use, and you may not make them available to any third parties.
  • More specifically, you acknowledge and understand that you may not transfer, assign, distribute or otherwise dispose of any materials in connection to the program or any rights or obligations arising under it, without the Company’s prior written consent.

22. MISCELLANEOUS

• Calls will be monitored or recorded for training purposes from time to time.
• Section headings contained in these Terms and Conditions are included for convenience only.
• If any provision or part thereof of these Terms and Conditions are held to be invalid and unenforceable, it shall be deemed severable from and shall not affect the validity or enforceability of the other provisions of these Terms and Conditions.
• All notices, demands, waivers and other communications required hereunder shall be in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier, email, facsimile (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in these Term and Conditions, a Notice is effective only if the receiving party has received the Notice.
• In no event shall the company be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or date, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the site, the content, and/or materials, the inability to use services provided hereunder or any other clause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if the company has been advised or is aware of the possibility of such damages. You agree to indemnify and hold harmless the Company against any third-party claims, actions, or demands, including without limitation reasonable attorney and accounting fees resulting from the breach of the warranties contained in these Terms and Conditions.

In no event shall the Company be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, pandemics, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Company shall use reasonable efforts which are consistent with accepted practices in the industry to resume performance as soon as practicable under the circumstance

23. THE COMPANY’S REPRESENTATIONS AND WARRANTIES

Money Back Guarantee

We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the program(s). You must also demonstrate that you have attempted to implement the program without success. To meet this requirement, you must submit the work outlined in the terms and conditions for the program you are requesting a cancellation/refund.

Only as it relates to the Habit University 2.0, digital, on-demand online Program: 

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 EST. 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 ALL of the following items:

• Complete the Weekly Prospecting Sheet 
• Complete Sphere 250
• Complete Friends Vendor List (FVL)
• Complete Workbook in Habit University
• Snapshots showing you watched and completed all the module videos on Habit University
• Snapshot of your physical morning and evening routine

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, social media groups limited to paying members, and other resources.

All refunds are discretionary as determined by the Company. 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.

• Only as it relates to the Habit University Program and Habit University Program with one-on-one coaching, the Company provides a 90-day money- back guarantee in the event that you are not satisfied with the program. In order to claim this 90-day money-back guarantee, you must have:
  • Complete Sphere 250
  • Complete Friends Vendor List (FVL)
  • Complete Workbook in Habit University
  • Watch all the module videos on Habit University
  • Attend all six (6) coaching sessions
  • Make at least 1,200 calls in a week by the last week of the program (provide dialer screenshots supporting this information)
  • Send and review 12 weekly recorded calls for review with your coach
  • Create and share a morning and evening routine
  • Communicate with their coach Monday through Friday as to prospecting start time and other realtor activities
  • Attend a 1 on 1 Meeting via Zoom to discuss your experience
  • Complete Productivity Program and send coach completed Truest Week Document
  • No express or implied warranties are given by the Company as to the results associated with the services provided. The results obtained by you will depend on external factors and your discipline to follow the instruction and guidance provided. Results may also depend on your relationship with other third parties. We are not responsible for any aspect of those relationships, or for any aspect of the performance or non-performance of these third parties.
  • The Company does not warrant or make any representations or guarantees that you will earn any money using the site or the company’s technology or services. You accept all responsibility for evaluating their earning potential as well as executing their own business and services. Your earning potential is entirely dependent on your own products, ideas, techniques, execution of business plan, the time devoted to the program, ideas and techniques offered and utilized as well finances, knowledge, and skill. Since these factors can differ greatly among all individuals, the Company cannot and does not warrant or make any representations or guarantees regarding success or income level as it related to the company’s technology or services.
  • The Company will make its best efforts to make all materials and services available as planned, but overall, the Company does not warrant that use of the materials will be uninterrupted or error-free. The Company shall not be responsible for any performance or service problems caused by any third-party website or third-party service provider.
  • The Company aims for all training and appointments to take place as scheduled. When it is not possible for the Company to do trainings or appointments as scheduled (due to illness, emergency, scheduling conflicts, holidays, or vacations, etc.), The Company will reschedule the service at the earliest opportunity. Any interruption in service as a result of a cancellation by the Company will automatically extend the duration of your program for a period of time equal to the number of cancellations such that your expected total number of sessions will not be reduced by the Company.

Updated 8/02/2023