Terms and Conditions

Last updated: February 21, 2023

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://fierceboldtechnology.com website (the “Service”) operated by FierceBOLD Technology and its team members (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

“FierceBOLD Technology” is the owner of the Service and has the right to seek legal action if a member breaches any of the Terms and Conditions.

MEMBERSHIP ACCOUNT AND OBLIGATIONS

An individual (“Member”) is anyone who has been accepted as a member of the FierceBOLD Posse and has started submitting monthly payments.

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

When you apply to join the FierceBOLD Posse, you’re not automatically accepted, even though you are required to pay the membership fee for the first month/year. In the case of rejection, your membership fee will be fully refunded.

Being a part of the FierceBOLD Posse requires a minimum 3-month commitment. This reason is because all members receive access to all materials on the site. 

If you decide to cancel your monthly or annual membership (after the 3 months have passed), you need to do so with a written notice sent to our email associated with your membership minimum 7 days before your next payment date, and cancel it from your account settings. 

Canceling your membership from your account does not mean you will stop being charged. We will cancel your membership on the date when your next recurring payment would have been made and revoke your access from the membership area, Pensil channel, and Energized Funnels site. 

You must fulfill all payments regardless of your participation in the membership and you cannot request a refund or cancel payments due to lack of participation and prior to the 3-month commitment.

If you decide to cancel your membership before you’ve paid the membership fee you committed to, the cancellation will not be accepted and you will still owe the full membership fee. 1% interest will be accrued for each week you don’t submit the payment. Once you’ve committed to a payment plan, it’s legally binding.

You’re not entitled to any refunds on Annual memberships after you renew.

No refunds can be given on membership fees that have already been paid – whether they have been paid monthly or yearly. 

You get to keep all bonuses with the exception of discounts regardless of when you cancel your membership.

If you are evicted from the membership by FierceBOLD Technology (the owner) for a legitimate reason (see below) before your membership has officially expired,  you are not entitled to a refund on any membership fees that have been paid for this duration. Legitimate reasons include:

Publicly speaking negatively about the community, FierceBOLD Technology or any of the members;

Any fraudulent or criminal activity such as illegal online/offline activities, fraudulent chargebacks (on any products/services by FierceBOLD Technology or other business owners) or similar;

Participating in any online or offline scams;

Creating a negative environment inside the community (e.g. fighting with people, insulting people, creating arguments).

RULES OF CONDUCT

Members of the FierceBOLD Posse shall at all times act with integrity and avoid conflicts of interest and avoid any actions or situations that are inconsistent with the Terms and Conditions written herein.

Members of the FierceBOLD Posse shall at all times be mindful of their attitude and behavior towards other members. Discrimination, insults, and violent behavior of any kind will not be tolerated and will result in termination of the membership. We reserve the right to share not only testimonials publicly, but also any activity that can be deemed as fraudulent, to warn other people.

INTELLECTUAL PROPERTY

The Service and its original content, features and functionality are and will remain the exclusive property of FierceBOLD Technology and its licensors.

Our Membership/Community Area consists of a variety of video training, PDFs, and recordings. By entering the area through your paid membership, you agree that all the content inside is solely meant for your personal use and you do not have any rights to download it, share it, transfer it or reproduce it unless you have FierceBOLD Technology’s written consent. This includes all content from any of our Pensil channels, the Energized Funnels platform and the membership site under fierceboldtechnology.com. You are forbidden from screenshotting anything from any of the places and sharing it anywhere else, as well as sharing your password with other people so they can log in.

FierceBOLD Technology does not accept content that is likely to offend its members, therefore, we reserve our right to remove it.

Each member is responsible for each and every access or use of the membership site that occurs in conjunction with use of their username and password.

Use of a member’s username and password is conclusive evidence that they have accessed the Membership area of the site.

Members of FierceBOLD Posse must not allow any third party to access the site using their username and password and take advantage of the site on their behalf by viewing any of the content.

MEMBERSHIP APPLICATION PROCESS

Submitting an application to become a member does not guarantee acceptance. Applicants need to meet certain criteria in order to be accepted. 

If accepted (within 2-4 days), access to the membership site is granted and an acceptance email is sent immediately. Access to the Energized Funnels platform and Pensil channel is granted in accordance with the completion of the onboarding checklist which each member has access to proceeding acceptance into the membership.

REFUNDS FOR NON-MEMBERSHIP PROGRAMS, TRAININGS, DIGITAL PRODUCTS, AND PROJECT TYPE SERVICES

Payments for programs, training, or digital products are non-refundable. If you purchased via any of our offered payment plans and stopped the automatic payments before they were completed, you need to set them back up within 48 hours or you will be charged a 2% interest for each day you’re late. If this is not done within 7 days, your details will be submitted to our debt collection partner and you will be approached by them in every legal way possible to claim the payments missed. At this point, we will not be in communication with you personally. If the payments are still not submitted or set back up, court proceedings will be initiated. We reserve the right to collect the payment in full.

Payments for project type services that are made to us in increments is a courtesy to the client. Once a payment or deposit is made, it is non-refundable unless below conditions apply. If a project is canceled or postponed by either parties, all monies paid are retained by FierceBOLD Technology and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client. Therefore once a payment or deposit is made, it is non-refundable. Web design and development projects require extensive resources, consume our time, and incur internal expenses.

REFUND EXCEPTIONS (only for project type services)

You are entitled to get 50% refund of the upfront payment you made in the event of: 

We didn’t start your project at all or we’re unable to start within a discussed timeframe.

You want to cancel the project within 24 hours of making payment.

No refund will be given if:

We have already started work on your project.

The project delays are caused by lack of communication from your end.

PAYMENTS

Payments can be made via Stripe (preferred) and Paypal and will continue to occur on a monthly or annual basis according to the selected plan.

If there is an issue with payments or a member is unable to pay, FierceBOLD Technology reserves the right to suspend access to all of the membership resources until the member has submitted all outstanding fees. Not being able to pay outstanding monthly fees prior to the end of the 3-month commitment does not mean the member can simply stop paying. The membership fees will be cleared in a time frame agreed upon by the member and FierceBOLD Technology, until the member covers all the necessary payments. Afterwards, the same parties will decide whether the member can continue their membership or not. Interest may occur for late payments.

The membership fee will remain the same throughout the membership unless the member decides to upgrade or downgrade it to another membership plan. FierceBOLD Technology will not change the membership plan without the member’s written permission. 

INDEMNITY

If a member is found to be negligible of any of the terms and conditions and membership rules, he/she agrees to keep us indemnified of all losses, expenses, damages, and costs incurred by us in respect of any misleading statements, and/or acts, and/or omissions that may be carried by him/her against us.

If a member does not get the desired results as part of the membership, he/she agrees to not pursue any legal action against FierceBOLD Technology or any other member of the membership community. We cannot be held responsible for whether members choose to implement our teachings and advice, and for whether they implement them in the right way.

CONFIDENTIALITY

All members agree to keep any and all confidential information obtained about any of the other members or FierceBOLD Technology confidential. “Confidential information” relates to any information concerning the business, finances, or affairs of the other members which is not in the public domain. This clause shall survive termination of the contract.

GENERAL

Any party that has a signed or confirmed agreement will be eligible to be reliant on these terms as caught under the Contracts (Rights of Third Parties) Act 1999.

Agreement to these terms and conditions is confirmed by finalizing the application process and submitting the first monthly payment, as the terms and conditions can be viewed from the application.

The terms and conditions of this website shall constitute the entire agreement between the applicant/member, FierceBOLD Technology and FierceBOLD LLC and shall supersede all prior engagements, written or oral, relating to the subject matter.

Should any of these terms come into dispute, they shall be interpreted under the context of English Law.

FierceBOLD Technology reserves the right to choose to use any of the United States Courts to govern any disputes that may arise, however dependent on the domicile of a member of a particular country, reserve the right to bring proceedings in the residence of that country.

If for any reason any of the clauses contained within this agreement are deemed to be invalid in the eyes of a court in a particular jurisdiction, then FierceBOLD Technology reserves the right to rely on the enforceability of all remaining terms under this agreement.

FierceBOLD Technology reserves the right to alter these terms and conditions. By using the FierceBOLD Technology website or membership area, you are automatically bound by these terms and the onus is on you to keep yourself informed of any changes that we carry out, without further notice to you.

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by FierceBOLD Technology.

FierceBOLD Technology has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that FierceBOLD Technology shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of the United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

In the case of a dispute, submit a complaint in writing to us here https://fierceboldtechnology.com/contact-us