The RFP Success® Institute

The following terms ("Terms of Use") constitute an agreement between Rehurricane Enterprises LLC ("Company"), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company ("Website"), located at https://www.therfpsuccessinstitute.com/.

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Company reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website. 

 

PURCHASE POLICIES

On the Website, you may purchase an online membership program called The RFP Success® Institute (the “Service”).   With your purchase of the Service you will receive access to Company content, such as courses and downloads, and a membership group hosted by the Company (the “Membership Group”).

 

Modifications to the Service

Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any part of the User Account (as defined below) for any period of time beyond what may be required by applicable law.

 

Purchase Service Terms and Refund Policy for Membership Program

Company requires payment in full before you will obtain access to your purchased Services.  If you wish to cancel your membership purchase you must notify Company in writing of your wish to cancel within seven (7) business days of your purchase. However, if you are dissatisfied with a purchase and/or the Service and would like to offer feedback to Company, you may do so by emailing [email protected] with the subject line “Feedback.”  

 

Fees

To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment option and provide Company or Company’s third party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your User Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Company the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Use. You hereby authorize Company to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you terminate your User Account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Company know within sixty (60) days after the date that Company charges you. Company reserves the right to change the price of the Services. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

LICENSE FOR USE OF PRODUCTS

All Products available for purchase on the Website were developed solely for your personal use and may not be shared with any third party, in whole or in part, reproduced for publication or for the personal or commercial use of others without permission.

 

PRIVACY POLICY

 

WHAT INFORMATION DO WE COLLECT AND HOW IS IT USED?

 

• Information You Voluntarily Submit to the Website: The Website may collect personal information from you such as your name or email address. For example, you may voluntarily submit information to the Website by leaving a comment, subscribing to a newsletter, or submitting a contact form. In addition, we may ask you to create a user profile, which would allow you to create a username and password. We will store the username, but your password will not be visible in our records.
• Information We Collect from Others: The Website may receive information about you from other sources. For example, if you use a third-party software through the site, they may transfer information to us for fulfillment. 
• Automatically-Collected Information: The Website automatically collects certain information about you and the device with which you access the Website. For example, when you use the Website, The Website will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the Website. The Website may also collect information about actions you take when using the Website, such as links clicked. 
• Cookies: The Website may log information using cookies, which are small data files stored on your browser by the Website. The Website may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Website.

 

HOW YOUR INFORMATION MAY BE USED

The Website may use the information collected in the following ways: 

• To operate and maintain the Website; 
• To create your account, identify you as a user of the Website, and customize the Website for your account; 
• To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt-out of future mailings; 
• To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts; 
• To respond to your comments or inquiries; 
• To provide you with user support; 
• To process payment for purchases you make through the Website; 
• To track and measure advertising on the Website; or,
• To protect, investigate, and deter against unauthorized or illegal activity.

THIRD-PARTY USE OF PERSONAL INFORMATION

The Website may share your information with third parties when you explicitly authorize us to share your information. Additionally, the Website may use third-party service providers to service various aspects of the Website. Each third-party service provider’s use of your personal information is dictated by their respective privacy policies. The Website currently uses the following third-party service providers: 

• Google Analytics – this service tracks Website usage and provides information such as referring websites and user actions on the Website. Google Analytics may capture your IP address, but no other personal information is captured by Google Analytics. 
• Thinkific – this service is used to serve our ecommerce platform. At no time is your banking information passed to the Website. We receive only information used for order fulfillment. 
• aWeber – this service is used for delivery of email updates and newsletters. We store your name and email address for purposes of delivering such communications. 
• Acuity Scheduling – this service is used to schedule appointments and may collect your contact information. 

At this time, your personal information is not shared with any other third-party applications. This list may be amended from time to time in the Website’s sole discretion. 

Except when required by law, Company will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, Company may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.

ANONYMOUS DATA

From time to time, Company may use anonymous data, which does not identify you alone, or when combined with data from other parties. This type of anonymous data may be provided to other parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies. 

COOKIES

The Website uses cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described herein. 

Users may, at any time, prevent the setting of cookies, by the Website, by using a corresponding setting of your internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. However, if users deactivate the setting of cookies in your Internet browser, not all functions of our Website may be entirely usable.

 

ADVERTISING

Retargeting Ads
 From time to time, the Website may engage in remarketing efforts with third-party companies, such as Google, Facebook, or Instagram, in order to market the Website. These companies use cookies to serve ads based on someone's past visits to the Website. This means, after visiting the Website, you may see an ad for Company’ services. However, your personally identifiable information is not used by any remarketing service other than to present you offers from the Website. 

Newsletters
 On the Website, you may subscribe to our communications, which may be used for advertising purposes. All communication sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, Company may see if and when you open an email and which links within the email you click. Also, this allows Company to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties.

RIGHTS RELATED TO YOUR PERSONAL INFORMATION

Opt-out – You may opt-out of future email communications by following the unsubscribe links in our emails. You may also notify us at [email protected] to be removed from our mailing list. 

Access – You may access the personal information we have about you by submitting a request to [email protected]. 

Amend – You may contact us at [email protected] to amend or update your personal information. 

Forget – In certain situations, you [email protected] may request that we erase or forget your personal data. To do so, please submit a request to.

Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions, or when required by law. 

SENSITIVE PERSONAL INFORMATION

At no time should you submit sensitive personal information to the Website. This includes your social security number, information regarding race or ethnic origin, political opinions, religious beliefs, health information, criminal background, or trade union memberships. If you elect to submit such information to us, it will be subject to this Privacy Policy. 

CHILDREN'S INFORMATION

The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at [email protected] we will use our best efforts to promptly remove such information from our records.

REGISTRATION & RESTRICTED ACCESS

Access to certain areas of the Website may be restricted. Company reserves the right to restrict areas of the Website at its sole discretion. 

Some restricted areas of the Website may be made available to you as a registered user. When you are registered, you are required to create a user profile, which may include a username and password (the “User Account”). You agree to keep your username and password confidential.  You may not share the username and password or any of the content that you may access through your username and password with anyone. You understand and agree that your access to the Products is for your sole personal use.  If you suspect your password has been compromised, you must notify Company immediately at [email protected]. Company will not be liable for any loss caused by the unauthorized use of your User Account; however, you may be liable to Company or other third parties for any losses incurred due to such unauthorized use.

Company may disable your username and password at its sole discretion. 

Company reserves the right to modify methods for registration and access levels of registered users from time to time. 

 

GENERAL DISCLAIMER

Company has made every effort to ensure that all information on the Website and in the Service has been tested for accuracy. Company makes no guarantees regarding the results that you will see from using the information provided on the Website and through the Service. 

Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website and through the Service. The Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website or through the Service. 

 

CONTENT DISCLAIMERS

You understand that a professional or consulting relationship does not exist between you and Company outside of the purchase of the Service.  Company has made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, provided on the Website and through the Service has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided on the Website and through the Service. Company assumes no responsibility for your decisions or for policies or practices that you implement based on information on the Website. 

Any statements related to income or earnings potential on the Website or through the Service are examples of what may be possible in the future. We make no guarantees regarding results, present or future. We are not responsible for your earnings, income, sales, or any other performance as a result of the actions you take based upon the information provided on the Website or through the Service. 

The Website and the Service are provided for informational purposes only.

 

CONFIDENTIALITY AND PRIVACY

Company respects your privacy and insists you agree to respect the privacy of Company and all other members of the Service ("Participants"). Any confidential information ("Confidential Information") shared by the Participants or any Company representative is confidential, proprietary, and belongs solely and exclusively to the disclosing party. All Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, in the Company’s Membership Group, or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other Participants. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. You agree not to violate the Company’s publicity or privacy rights. Furthermore, you will not reveal any information to a third party obtained in connection with this Agreement. By purchasing the Service, you agree that if you violate or display any likelihood of violating this Agreement the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

You must abide by the Company Membership Group Code of Conduct in all posts and interactions in the Slack Group.  If you violate the Code of Conduct, Company may immediately revoke your access to the Service or the Slack Group, in its sole discretion.   If you are removed from the Service or the Slack Group, you will not receive a refund of the any amounts already pay to the Company.

 

 

YOUR RESPONSIBILITY

The Website and the Service were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website and through the Service. Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Website or in the Service.

 

USE OF THE WEBSITE 

Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the Website and in the Service. Subject to the license below, all intellectual property rights are reserved. 

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use. 

 

The following uses are not permitted:

• Republication of content from the Website or the Service, unless content is specifically and expressly made available for republication; 
• Sale, rental or sub-license of any content from the Website or the Service;
• Reproduction or duplication of any content on the Website or the Service for commercial purposes; 
• Modification of any content on the Website or the Service, unless content is specifically and expressly made available for modification; 
• Redistribution of content of the Website or the Service, unless content is specifically and expressly made available for redistribution. 

 

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Company' intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Company.

You must not use the Website or the Service in a way that causes, or may cause, damage to the Website or the Service or impair the availability of access to the Website or the Service. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website or the Service, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website or the Service to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website or the Service without Company' express written permission. 

You must not use the Website or the Service to transmit or send any unsolicited commercial communications. 

You must not use the Website or the Service for any third-party marketing without Company' express written permission.

 

COPYRIGHT

Unless otherwise noted, the design, content and all components of the Website and the Service are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission. 

 

TRADEMARKS

Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company, The RFP Success® Institute, or the experts featured on the Website.

From time to time, the Website will legally utilize trademarks owned by third parties related to Company’ services. These trademarks are the respective property of their owners. 

 

GRANT OF RIGHTS

You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website or the Service. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights. 

 

CONTENT CONTRIBUTED TO THE WEBSITE
Any content you contribute to the Website or the Service, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party. 

Company reserves the right to edit or remove: (i) any material submitted to the Website or the Service; (ii) stored on Company' servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Company' rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

TAKEDOWN REQUESTS

From time to time, the Website or the Service will publish posts with images from other third-party websites. Any such use is intended considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website or the Service in a way that [email protected] copyright infringement and falls outside of fair use, please send a request to [email protected] and we will remove the image within 24 to 48 hours.

 

COMMUNICATION

If you send Company an email, register to use the Website or Service or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.

 

THIRD PARTIES

The Website and the Service contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. Company assumes no control or liability over the content of any third-party sites. You expressly hold harmless Company from any and all liability related to your use of a third-party website. 

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website or through the Service, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website or through the Service, you expressly hold Company harmless from any and all liability in any dispute.

 

NO WARRANTIES 

The Website and the Service are provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. Company makes no representations or warranties in relation to the Website or the Service or the information and materials provided therein. 

Company makes no warranty the Website and the Service will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website or the Service. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website or the Service. The Website and the Service is written in English and makes no warranty regarding translation or interpretation of content in any language.  

 

LIMITATION OF LIABILITY

COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

INDEMNITY

You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

 

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the State of Arizona. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Maricopa County, Arizona. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. 

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. 

The Terms of Use may not be assigned by you without Company' prior written consent, however, the Terms of Use may be assigned by Company in its sole discretion.  

The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Company 

All notices with respect to the Terms of Use must be in writing and may be via email to [email protected] for Company and to your email address.