Clevinger Enterprises (DBA Cycle Breakers) — Program Terms & Conditions
Last Updated: April 2025
1) Overview & Acceptance
This website and checkout are operated by Clevinger Enterprises, LLC (DBA Cycle Breakers) (“Company”, “we”, “us”). By visiting our site and/or purchasing a program, course, membership, or service (collectively, the “Program”), you engage in our “Service” and agree to these Terms & Conditions (“Terms”). These Terms apply to all users, including customers and contributors of content.
Electronic acceptance. By checking the box and completing payment, you agree that this forms your electronic signature and a legally binding contract under the U.S. E-SIGN Act and applicable state laws.
2) Eligibility
By accepting these Terms, you represent that you are at least the age of majority in your state/country, and that you will not use our Service for any unlawful purpose.
3) What You’re Getting (Program Description)
Your Program may include a combination of: instant-access digital materials (modules, downloads, recordings), live or recorded group calls, community access, and/or 1:1 sessions, as listed on the checkout page/offer (“Sales Page”). Unless stated otherwise, digital materials are available immediately upon purchase.
4) Prices; Modifications
Prices and features are subject to change without notice. We may modify or discontinue any Program or site feature at any time. We are not liable for any modification, price change, suspension, or discontinuance.
5) Payment, Auto-Billing & Account Information
You authorize us (and our processor) to charge your selected method for the full price or installment plan shown on the Sales Page. If you choose installments, you must complete all payments, even if you stop participating.
Billing failures. If a payment fails, you must update your method within 3 calendar days. We may suspend access until your account is current.
Late balances. Past-due amounts may accrue interest at the lesser of 1.5% per month or the maximum allowed by law, plus reasonable collection costs and attorneys’ fees.
Accuracy. You agree to provide current, complete, and accurate billing information and promptly update it as needed.
6) No Refunds; No Cancellations
Because the Program includes instant-access digital goods and proprietary content, all sales are final. No refunds, returns, or cancellations are permitted for any reason, including lack of usage or non-participation. If you selected a payment plan, you remain responsible for the entire purchase price.
7) Chargebacks/Disputes Prohibited; Liquidated Damages; Right to Sue
You agree not to initiate chargebacks or payment disputes with any bank or processor (e.g., Stripe, PayPal). If you nonetheless do so, it is a material breach of this Agreement.
Given the difficulty of quantifying our losses (processor penalties, administrative time, reputational harm, revoked merchant status), you agree the following liquidated damages are fair and not a penalty:
$500 administrative assessment per disputed transaction, plus:
all processor/bank fees assessed to Company, plus
the unpaid contract balance (if any), plus
reasonable attorneys’ fees, court costs, and collection costs.
These are in addition to any other rights and remedies. Mediation is not required. Company reserves the right to sue and seek actual and/or equitable relief in court, including enforcement of this section.
8) Access; Suspension; Termination
We may suspend or terminate access (without refund) if: (i) payments are late; (ii) you violate these Terms or community rules; or (iii) we reasonably believe your conduct risks harm to us or other users. Obligations incurred before termination survive.
9) Intellectual Property; License
All content in the Program and on the site—including videos, audio, frameworks, worksheets, scripts, methods, templates, branding, and trademarks—is owned or licensed by Company and protected by IP laws. We grant you a personal, non-transferable, non-assignable, revocable license to use the materials for your own use only. You may not copy, resell, share, post, teach, or create derivative works without prior written permission.
10) Community Conduct; Prohibited Uses
You agree to participate respectfully and comply with any posted community rules. Prohibited uses include: unlawful activity; infringement of IP; harassment, discrimination, or hate speech; uploading malicious code; scraping or spamming; misrepresenting your identity; or using the Service to build, market, or resell competing materials. We may remove you for violations (without refund).
11) User Submissions & Testimonials
If you share comments, wins, suggestions, or testimonials, you grant us a worldwide, royalty-free license to use, edit, reproduce, and display them for marketing in any media.
12) Third-Party Tools & Links
We may provide access to third-party tools, platforms, or external links. Such tools are provided “as is” and “as available” without warranties. We are not responsible for third-party sites, policies, outages, or changes.
13) Personal Information & Privacy
Your submission of personal information is governed by our Privacy Policy at: https://becomeacyclebreaker.com/privacy. You consent to receive transactional emails and notices related to your Program.
14) Disclaimers; No Guarantees
The Program is educational/informational and not professional (medical, legal, financial, or therapeutic) advice. We do not guarantee outcomes, income, or results. Your results depend on many factors outside our control.
15) Limitation of Liability
To the fullest extent permitted by law, Company’s total liability for any claim arising out of or related to the Program or these Terms will not exceed the amount you paid for the Program. We are not liable for indirect, incidental, special, consequential, punitive, or exemplary damages.
16) Indemnification
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, contractors, and licensors from any claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms or misuse of the Program.
17) Changes to Terms
We may update these Terms by posting a revised version with a new “Last Updated” date. Your continued use of or access to the site/Program following changes constitutes acceptance.
18) Force Majeure
We are not responsible for delays or failures caused by events beyond our reasonable control (e.g., outages, illness, emergencies, platform failures, acts of God).
19) Governing Law; Venue; No Mediation
These Terms are governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflict-of-law rules. Exclusive venue for any dispute will be the state or federal courts located in Blount County, Tennessee, and you consent to personal jurisdiction there. No mediation is required. Company may seek injunctive relief and damages (including those in §7 above).
20) Miscellaneous
Severability. If any provision is held invalid, the remainder remains in effect.
No waiver. Failure to enforce any provision is not a waiver.
Assignment. We may assign our rights/obligations; you may not assign without consent.
Entire Agreement. These Terms + the Sales Page (including price, deliverables, access period) constitute the entire agreement.
