Terms And Conditions

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Terms and conditions

This Agreement (“Agreement”) is a legally binding contract made by and between Business Like A Pro, LLC. (“Business Like A Pro”, “BLAP”, “We”, “we”, “Us”, or “us”) and you (“You”, “you”, “Your”, or “your”), which governs your use of Business Like A Pro’s online services (“Online Services” or “the “Services”).

BY CLICKING THE “I AGREE” BUTTON OR ACCESSING OR USING ANY PART OF THE SERVICES YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT AND FURTHER THAT YOU HAVE TAKEN ALL ACTIONS REQUIRED OF YOU PRIOR TO USING THE SERVICES. IF YOU DO NOT AGREE TO BE SO BOUND, OR YOU HAVE NOT TAKEN SUCH ACTION, YOU SHOULD SELECT THE “I DO NOT ACCEPT” BUTTON AND DO NOT ACCESS OR USE ANY PART OF THE SERVICES.

INTERNET TECHNOLOGY, AND THE RULES AND REGULATIONS OF HOW TO USE THE TECHNOLOGY CHANGE FREQUENTLY. ACCORDINGLY, BLAP RESERVES THE RIGHT TO MAKE CHANGES TO THIS AGREEMENT.

YOU MAY OBTAIN A COPY OF THIS AGREEMENT EITHER THROUGH OUR WEBSITE, WWW.BIZLIKEAPRO.COM, OR BY SENDING A FORMAL REQUEST WITH THE SUBJECT LINE “PLEASE SEND ONLINE BLAP USER AGREEMENT AND PRIVACY POLICY” WITH A STAMPED ENVELOPE MARKED WITH YOUR RETURN ADDRESS TO BLAP P.O. BOX 842152, HOUSTON, TX 77284.

1. REGISTRATION, ACCOUNTS, AND PAYMENT

A.            To use the Services, you must create an account with BLAP through the online registration process on the website. In creating an account, you must provide BLAP with accurate and complete registration information. You must promptly notify BLAP if any of this information changes. If you fail to provide or update this information, BLAP may terminate your right to use the Services without notice.

B.            When you register to use the Services, you must choose a user name and password. Your user name and password are unique to you. You are responsible for maintaining the confidentiality of your user name and password, and for any use of your user name and password (including the use by an unauthorized third party). You must notify BLAP, within twenty-four (24) hours, if you believe your password or account has been or may have been obtained or used by any unauthorized person or entity. Under no circumstances should you respond to a request for your password, particularly a request from an individual claiming to be an employee of BLAP. BLAP’s employees will never ask for your password. You must notify BLAP if you receive such a request within twenty-four (24) hours from the request.

C.             Cost of services – Per the rates posted on the website

D             Payment method – Automatically charged to a Visa, MasterCard, or Discover credit or debit card.

E.            Payments you make to BLAP are non-refundable, except as expressly provided for below.

2. USE OF THE ONLINE SERVICES

A.            The Online Services are delivered via video, email, phone, or text messages and include the Gold Membership or the One-On-One General Business Consulting Services.

B.            The Online Services are general business consulting services and:

  • We do not guarantee specific results.
  • You are solely and exclusively responsible for your use of the Services and your own results
  • If you need and want specific business consulting services to achieve specific goals or objectives, you will be asked to sign an addendum to this contract.  The addendum will contain any and all new or different terms or conditions for the specific services.

C.             Gold Membership

  • Monthly membership with automatic renewal every month and thereafter until the membership is properly canceled or terminated.
  • Payment will be automatically charged at the renewal of the membership.
  • Up to 1-hour per month of general business consulting services; up to 1-hour per month does not accumulate, either you use it, or you will lose it every month.
  • Up to 1-hour per month can be applied or used for other general or specific business consulting services.
  • The minimum charge per event or session is 5 minutes and billed in 5-minute increments thereafter (an event or a session is any type of communication, between you and an authorized BLAP business consultant, in which you receive assistance or consulting services via video, email, phone, or text message).
  • Billing time accumulates when adding any and all events or sessions.
  • Rate for additional business consulting time or services locked at the posted rate on the website
  • Charges for additional time or services will be due on the 1st day or 16th day of the month
  • Payment for additional time or services is due on the renewal of the membership

D.            One-On-One General Business Consulting Services

  • Pay as you go for general business consulting services
  • Payment for services is due within 5 days of when we email the invoice
  • Payment will be automatically charged to the credit or debit card on file
  • The minimum charge per event or session is 15 minutes and billed in 5-minute increments thereafter (an event or a session is any type of communication, between you and an authorized BLAP business consultant, in which you receive assistance or consulting services via video, email, phone, or text message).
  • Billing time accumulates when adding any and all events or sessions.

3. BUSINESS CONSULTING SERVICES / NO LEGAL ADVICE

BLAP provides business consulting services NOT legal services and we encourage you to consult with your legal advisor for legal issues.

4. YOUR PERSONAL PRIVATE INFORMATION

A.            Protecting your Information:

  • BLAP works to protect your personal information from loss, misuse, or unauthorized alteration by using industry-recognized security safeguards, coupled with carefully developed security procedures and practices. We maintain physical, electronic, and procedural safeguards that comply with applicable laws and federal standards. We use both internal and external resources to review our security procedures. Your sensitive information, such as credit card information, is encrypted when it is transmitted to us. Our employees are trained and required to safeguard your information.

B.            Information We Collect:

  • We collect personal information such as your name, shipping/billing address, e-mail, phone, and credit card number when you interact with us to purchase or use our products.
  • We collect personal information to deliver or allow access to our products and services.
  • We collect user feedback, community discussions, chats, and other interactions, such as surveys, at our sites.
  • We may obtain additional information about you, such as demographic information, from commercially available sources.

C.             Disclosing Your Data

  • You can view BLAP’s privacy statement provided with the services on the website. You agree to the applicable BLAP privacy statement, and any changes published by BLAP.
  • You agree that BLAP may use and maintain your data according to the privacy statement as part of your services.
  • Sometimes we ask outside firms, or third parties, to help us provide services, such as designing a website, sending e-mails, registering a prospective domain name, or analyzing data. Our contracts with these third parties outline the appropriate use and handling of your information and prohibit them from using any of your personal information for purposes unrelated to the product or service they’re providing. We require vendors to maintain the confidentiality of the information we provide to them.
  • We may disclose, access, or report personal information when we believe, in good faith, we are required to do so by law or to protect our legal rights. We may also do this in connection with an investigation into a suspected violation involving Terms of Service, fraud, intellectual property infringement, or other activity that may be illegal or expose us to legal liability. For example, we may be required to disclose personal information to cooperate with regulators or law enforcement authorities or to comply with a court order, subpoena, search warrant, or law enforcement request.
  • We may report and share information about your account to credit bureaus, consumer reporting agencies, and card associations. Late payments, missed payments, or other defaults on your account may be reflected in your credit report and consumer report. We may also share information with other companies, lawyers, credit bureaus, agents, government agencies, and card associations in connection with issues related to fraud, credit, or debt collection.
  • We work with other companies or developers to provide you with products and services which we clearly identify. Either BLAP or the other company may offer these products and services. We clearly identify these co-branded products and services. In some cases, we exchange customer usage information to establish and provide ongoing service. By requesting these products or services, you are permitting us to provide your personal and usage information to the other company to fulfill your request.

D.            Information Gathering

The information we gather includes:

  • Credit Card including:

Cardholder’s name, credit card type, credit card number, expiration date, billing address, email address.

Credit card data is used to complete our transactions and none of this information is shared with anyone else.

  • Technical Assistance:

User name, user ID, email address, operating system, connection, browser.

5. YOUR PERSONAL INFORMATION

  • You can view BLAP Privacy Statement provided with the Services and on the website for the Services.
  • You agree to the applicable BLAP Privacy Statement, and any changes published by BLAP.
  • You agree that BLAP may use and maintain your data according to the BLAP Privacy Statement, as part of the Services.
  • You give BLAP permission to combine identifiable and non-identifiable information you enter or upload for the Services with that of other users of the Services. For example, this means that BLAP may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users.
  • BLAP respects your privacy and the confidentiality of your personal information (including your email address).
  • BLAP’s resources and entire staff are fully committed to safeguarding your personal data (including email address) by ensuring that the highest security and other precautionary measures are in place to protect your non-public information. That is why we do not share your information (including email address) with third parties, affiliates, or partners in ways other than disclosed in this privacy statement. We only collect, store and use your personal information (including email address) for defined purposes. The purposes include fulfilling orders, supplying service and support, and notifying you of new/enhanced products and services.
  • BLAP is committed to protecting your privacy and data. At any time, you may contact BLAP to request what information you have given us and request correction or deletion. Our goal is to ensure the highest levels of security and confidentiality.

A.            Changes to our Privacy Policy

  • If BLAP decides to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate, so our users are always aware of what information we collect, how we use it, and under what circumstances if any, we disclose it.
  • If, however, we are going to use users’ personally identifiable information (including email address) in a manner different from that stated at the time of collection we will notify users by posting a prominent notice on our website for 30 days.
  • If we merge with or are acquired by another company, the resulting combined company will use the Personal Information you have provided as described in this policy.
  • If we cease operation, your Personal Information may be transferred to and used by another company that offers similar or related products or services. You will be notified via prominent notice on our website for 30 days of any such change in ownership or control of your personal information.

B.            Disclaimer

  • Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, or legal process served on our web site.

6. PRIVACY, DATA SECURITY, AND STORAGE

A.            Our top priority is the privacy of our customers like you because we recognize that our business succeeds based on the trust you and others put in us. To prove your trust is well placed, we comply with all applicable privacy laws which are designed to protect you. We also expend substantial resources every year protecting the privacy of our customers in order to meet our goal of exceeding all applicable privacy laws. By entering into this Agreement, you agree to BLAP’s collection, use, and disclosure of your personal information in accordance with the Privacy Policy that is located at www.bizlikeapro.com and incorporated into this Agreement by this reference.

  • In addition to our actions, you are responsible for maintaining the confidentiality of your user name and password, and for any use of your user name and password (including the use by an unauthorized third party).
  • You must notify us, within twenty-four (24) hours, if you believe your password or account has been or may have been obtained or used by any unauthorized person or entity.
  • Additionally, you should never respond to a request for your password, particularly a request from an individual claiming to be an employee of BLAP. Our employees will never ask you for your password. You must notify BLAP if you receive such a request within twenty-four (24) hours from the request.
  • By acting promptly, you help ensure that we are able to continue our efforts in placing the privacy of our customers as our number one priority.

B.            While we strongly desire to work with you as a team in protecting your privacy, and while we have taken reasonable measures to protect the security of your unique tax identification data, the internet does carry certain risks and, therefore, it is important that you know that BLAP(i) does not guarantee the security of information collected during your use of the Services, (ii) shall not be liable in any way for a compromise of your data, (iii) has no obligation to store or maintain any information you provide to BLAP, and (iv) nothing in this Section 4 shall be interpreted as creating a contractual or other duty for BLAP which is not otherwise in existence absent this Section 4.

C.             Should you need to change your name or contact information, such as your address, e-mail, and phone number, please directly contact BLAP Customer Service. You should never attempt to modify your name or contact information, or any other personal information, by any means other than through BLAP Customer Service.

7. EXCLUSION OF DAMAGES

BLAP WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, INVOLVING, RELATING TO, OR CONNECTED WITH THE USE OF THE SERVICES, BASED ON ANY CAUSE OF ACTION, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. LIMITATIONS OF LIABILITY

IN NO EVENT WILL BLAP’S TOTAL LIABILITY FOR DAMAGES CONNECTED WITH, ARISING FROM, INVOLVING, OR RELATING TO THIS AGREEMENT EVER EXCEED THE PRICE YOU HAVE LAWFULLY PAID TO USE THE SERVICES, REGARDLESS OF THE NATURE OF THE CLAIM.

9. YOUR SPECIFIC RIGHTS

As stated below, whenever possible, each provision of this Agreement will be interpreted to be effective and valid under applicable law. If any provision of this Agreement is held to be prohibited by or invalid under applicable law, the provision will be ineffective only to the extent of the prohibition or invalidity, without invalidating the remainder of the provision or the remaining provisions of this Agreement.

YOU ARE ALLOWED UNDER THIS AGREEMENT TO CONSULT YOUR OWN ATTORNEY, AT YOUR SOLE COST, TO DETERMINE HOW THIS AGREEMENT MAY AFFECT YOUR RIGHTS.

10. FORCE MAJEURE

BLAP will not be liable for failing to perform under this Agreement by the occurrence of any event beyond it reasonable control, including, without limitation, a labor disturbance, an internet outage or interruption of service, a communications outage, failure by a service provider to BLAP to perform, acts of a federal or state authority, fire, terrorism, natural disaster, or war.

11. CONSENT TO CONDUCT

A.            You agree that: (i) you permit us to send communications to you by video, e-mail, mail, text message, and phone, (ii) you permit us to make communications available to you through video, e-mail, mail, text message, and phone, (iii) you shall be responsible for your due diligence in monitoring the communication forms outlined in (i) and (ii) and that BLAP has no such duty to ensure that you are monitoring the communication forms outlined in (i) and (ii), (iv) you freely choose to engage in the use of the Services, and freely consent to doing business with us through the same, (v) you shall ensure you have the proper software and hardware to meet the necessary requirements of the Services, and (vi) you may withdraw your consent outlined in this section at any time by immediately contacting BLAP Customer Service along with immediately ceasing all use of the Services.

12. INTELLECTUAL PROPERTY RIGHTS

BLAP reserves all patents, copyright, trade secret, trade name, trademarks, and all other rights in the Services. You may not infringe or violate such rights. Additionally, no material from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, resold, or distributed in any way without BLAP’s prior written permission. Modification or use of the Services for any purpose other than those permitted in this Agreement is a violation of BLAP’s patent, copyright, trade secret, trade name, trademark, and other proprietary rights.

13. REPRESENTATIONS AND WARRANTIES

A.            Each party represents and warrants to the other party that: (i) it has the full power and authority to enter into and perform its obligations under this Agreement, (ii) the assent to and performance by it of its obligations under this Agreement do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and (iii) this Agreement memorializes legal, valid, and binding obligations of the parties executing or assenting to this Agreement, enforceable in accordance with their terms and conditions.

B.            You represent and warrant to BLAP that you will comply with all applicable laws, rules, and regulations in your use of the Services.

14. INDEMNIFICATION

You agree to defend and hold BLAP and its employees, representative, agents, attorneys, affiliates, officers, managers, and shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost, judgment, settlement, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties alleging facts or circumstances that would constitute a breach of any provision of this Agreement by you or otherwise related to, arose from, involving, or would not have existed but for, this Agreement between BLAP and you. If you are obligated to provide indemnification pursuant to this provision, BLAP may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of BLAP.

15. WAIVER OF CLASS ACTION RIGHTS

By entering into this Agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, involving, or relating to this Agreement must be asserted individually.

16. TERMINATION

A.            BLAP reserves the right to immediately terminate your account or your access to the Services, without notice, if it reasonably believes that: (i) you have breached this Agreement or (ii) in our sole discretion, we determine that you have interfered with the operation or use of the Services.

B.            You may terminate your account for any reason at any time by contacting BLAP Customer Service and informing us of such termination.

C.             If your account is terminated, BLAP may delete any content or materials related to your Services on BLAP’s servers or otherwise in its possession and BLAP will have no liability to you or any third party for doing so. Following termination, the Services automatically terminates. If your account is terminated, BLAP reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider (ISP).

D.            This Agreement will survive indefinitely unless and until BLAP chooses to terminate it, regardless of whether any account you open is terminated by you or BLAP or if you have the right to access the Services.

17. CHOICE OF LAW, CHOICE OF JURISDICTION AND VENUE, AND DISPUTE RESOLUTION

A.            This Agreement will be governed by and construed in accordance with the laws of the State of Texas and proper Jurisdiction and Venue for all disputes arising out of this Agreement shall be only the Harris County Court in Houston, Texas and shall not be proper for Jurisdiction and Venue in any other Jurisdiction and Venue except in the following specific situations:

  • All disputes arising out of, involving, or relating to this Agreement (including its formation, performance, or alleged breach) or your use of the Services shall be exclusively resolved under binding arbitration held in Harris County, Houston, Texas before and in accordance with the Rules of the American Arbitration Association. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration under this Section without the prior written consent of both parties. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
  • Notwithstanding the foregoing, BLAP shall have the right to seek injunctive or other equitable relief in any applicable state or federal or international court in order to enforce this Agreement or prevent a violation of applicable law, rules, or regulations or an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

B.            In all disputes brought involving, relating to, or arising from this Agreement or the entering of this Agreement or representations that were made regarding the subject matter of this Agreement prior to the entering of this Agreement, including, but not limited to, all disputes in law or equity, brought in any forum, governmental or private (including, but not limited to, arbitration and mediation), you agree to pay BLAP for BLAP’s reasonable attorney fees, court costs, and third party costs (such as costs to pay an arbitrator or a mediator) regardless of outcome unless such a result would be deemed wholly unconscionable as applied to the specific and particular dispute. This subsection B is meant to include all disputes involving, relating to, or arising from this Agreement, including, but not limited to, disputes involving, relating to, or arising from any section, as well as disputes involving, relating to, or arising from the entering of this Agreement. You hereby forever waive your right to collect your attorney fees, court costs, and third-party fees, if any, from BLAP regardless of the forum, nature, or outcome of the dispute provided that the dispute involves or arises from this Agreement or the entering of this Agreement or representations that were allegedly made regarding the subject matter of this Agreement prior to the entering of this Agreement.

18. GENERAL

A.            This Agreement will be binding upon and inure to the benefit of the Parties and their respective heirs, representatives, successors, and assigns, whether a signatory hereto or not.

B.            This Agreement will not be assignable or transferable by you without the prior written consent of BLAP.

C.             This Agreement is a complete statement of the Agreement between BLAP and you and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No amendments to this Agreement will be effective unless such amendment is in writing and signed by all parties.

D.            No failure or delay by a party in exercising any right, power, or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.

E.            You and BLAP are completely independent, and no agency, partnership, fiduciary, joint venture, employee-employer relationship, nor any similar relationship is intended or created by this Agreement.

F.             Whenever possible, each provision of this Agreement will be interpreted to be effective and valid under applicable law. If any provision of this Agreement is held to be prohibited by or invalid under applicable law, the provision will be ineffective only to the extent of the prohibition or invalidity, without invalidating the remainder of the provision or the remaining provisions of this Agreement.

19. COMMENTS AND QUESTIONS

You may contact BLAP by mail at P.O. Box 842152, Houston, Texas 77284. You may also contact BLAP through the Web Site, http://www.bizlikeapro.com.  On the website, you may find our Customer Service section which is staffed to provide customer service for valued customers like you.