Last Updated: August 4, 2023
The 80/20 CEO™ MEMBERSHIP TERMS AND CONDITIONS
We provide a membership platform which we call "The 80/20 CEO”, which is located at 8020ceo.com and at and through related The 80/20 CEO websites, mobile applications, and services. The 80/20 CEO is the world’s premier learning platform for CEOs and Prophets™ running on PGOS, and its tools have been used by CEOs to maximize the CEO/Operator/Prophet relationships to grow their businesses.
These The 80/20 CEO Membership Terms and Conditions are incorporated by reference into the Profitable Growth Now, LLC General Terms of Use (“General Terms“). The General Terms (as supplemented by these The 80/20 CEO Terms and Conditions (collectively defined as our “Terms and Conditions”)) govern your access, use, and memberships to The 80/20 CEO, and as a result, you should read these The 80/20 CEO Membership Terms and Conditions and the General Terms carefully before accessing or using The 80/20 CEO. Capitalized terms used herein and not otherwise defined shall have the meaning set forth in the General Terms.
Your Access to and Use of The 80/20 CEO.
- Access to The 80/20 CEO. The 80/20 CEO provides a library of materials, tools, and other content to members of the The 80/20 CEO community. As a member of the The 80/20 CEO community, you will also have access to workshops, classes, events and community message boards through which you can connect with other members of The 80/20 CEO community, as well as other services, systems or platforms from time to time designed for community members. The 80/20 CEO is provided on a limited access basis, meaning access to certain features of The 80/20 CEO may be limited to specific members. For example, certain content may be designed to coincide with the attendance and completion of classes or other workshops, and therefore, may only be made available to those members who are attending or who have attended or completed our classes or such other workshops. There is nothing in our Terms and Conditions that limits our ability to restrict access to The 80/20 CEO, which we may do in our sole discretion, subject to applicable law.
- Use of The 80/20 CEO Content. The 80/20 CEO, and any Content viewed through The 80/20 CEO, is solely for your personal and internal use. You may not use any Content for commercial purposes outside of your own organization, including, to implement, teach or facilitate The 80/20 CEO with or for any third-parties for commercial purposes, unless expressly permitted by us. The foregoing is not intended to limit your ability to speak or raise awareness about The 80/20 CEO or its concepts in a fair use type manner and not for commercial purposes.
- The 80/20 CEO Community. The 80/20 CEO Community is a place for discussions and exchange of information, tips, and other materials related to The 80/20 CEO and your role as a CEO, Operator, or Prophet. As a reminder, when accessing The 80/20 CEO and participating in The 80/20 CEO Community, you must also comply with our Community Guidelines. In addition, in order to preserve the spirit of our The 80/20 CEO Community, we may make available additional ground rules from time to time and expect all members to follow these ground rules without exception. Failing to follow our Community Guidelines or any of our ground rules is a violation of our Terms and Conditions.
- The 80/20 CEO Badges and Designations. You may earn badges or designations through your The 80/20 CEO journey. Sharing a digital badge or designation is a great way to let others know about your skills and achievements. However, use of any The 80/20 CEO badge or designation must comply with our Terms and Conditions, including our IP/Branding Guidelines.
- Paid Membership Programs. We may offer one or more membership programs through The 80/20 CEO. The pricing for any such membership program, as well as any other conditions and limitations, which will be disclosed when you sign up, or in other communications made available to you. For more information on The 80/20 CEO, please visit https://8020ceo.com.
- Classroom and Workshop Sessions. Memberships may include access to workshops or other classes which may be provided in person or in a virtual setting in an online live stream. Virtual sessions are limited to the specific member and are usually provided via web browser, third-party video conferencing software or within an PGN Web Property. If third-party video conferencing software is required to participate, you shall be solely responsible for obtaining such video conferencing software, including any usage rights thereto, at your own cost, and we do not make any representations or warranties with regard to the availability and/or functionality of such third-party video conferencing software. The content and scope of any The 80/20 CEO workshop or class as well as the time and duration are provided at 8020.com or through related The 80/20 CEO websites, mobile applications or communications. We may adapt and/or supplement the content and scope of any workshop or other class session in our discretion at any time in accordance with applicable law and in your interest. We may determine the specific contents and/or design of any The 80/20 CEO workshop or other class session in our own discretion. Participation may include administrative activities on your part (e.g., preparation, review of materials, designation of homework). The terms and conditions provided in our Events Terms and Conditions apply to The 80/20 CEO sessions and workshops, as applicable. We may exclude you from any session at any time if you behave inappropriately, in particular if you violate applicable laws and/or the General Terms, including our Community Guidelines.
Business Accounts.
- Memberships may be available on both an individual basis or grouped together or designated as Business Accounts. In addition to our Terms and Conditions, Business Accounts may be subject to the terms and conditions set forth in a separate order form signed by Profitable Growth Now, LLC. In the event of a conflict between an order form signed by Profitable Growth Now, LLC and our Terms and Conditions, the terms and conditions of the order form signed by Profitable Growth Now, LLC will prevail. Subject to the foregoing, all order forms for The 80/20 CEO memberships will be subject to our Terms and Conditions and will include, at a minimum: (A) the number of authorized users for your Business Account; and (B) your applicable pricing. As a Business Account holder, you are responsible and liable for all uses of The 80/20 CEO through access provided by you, directly or indirectly. Specifically, and without limiting the generality of the foregoing, you are responsible and liable for all actions and failures to take required actions with respect to The 80/20 CEO by your authorized users or by any other person or entity granted access to or use of The 80/20 CEO in connection with your Business Account, whether such access or use is permitted by or in violation of our Terms and Conditions.
- Business Accounts may be controlled or administered by one or more account owners or administrators to help manage the Business Account. We are entitled to rely on communications from any account owner or administrator when servicing your Business Account. If a person within your Business Account requests a change to the account owner or administrator, we will attempt to contact the account owner for consent, but to the extent that the account owner does not respond to our communications, we will transfer the Business Account owner based on our internal verification methods.
- If you are or become a user of a Business Account, any content, information or data you create, submit or upload through The 80/20 CEO will be subject to control by the applicable Business Account owner(s) and administrator(s) of that account, and may be visible by other users of that Business Account. Business Account owners and administrators may designate other users for that account from time to time.
Membership.
- If you select a membership with an auto renewal feature (“Recurring Membership”), your The 80/20 CEO membership will continue until terminated. To access The 80/20 CEO, you must have Internet access and provide us when prompted with your credit or debit card information, or other current, valid method of payment, as accepted by Profitable Growth Now, LLC from time-to-time (your “Payment Method“). By providing your Payment Method, you authorize us, our affiliates, or our third-party payment processor to maintain your account information and to charge your Payment Method for all applicable fees, including those for your Recurring Membership upon renewal or continuation with no further action required by you, and you further represent that any payment information that you provide is true, accurate and complete in all respects. If your Payment Method cannot be authorized or is otherwise in error, due to expiration, insufficient funds, or otherwise, we may suspend or cancel your membership. In the event of such failure of your Payment Method, we may take reasonable steps to retry your Payment Method. We may contact you to reconfirm or update your Payment Method. For some Payment Methods, the issuer may charge you certain fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details. We are not responsible for any fees that you may incur when charging or retrying your Payment Method, including, but not limited to, foreign transaction fees or overdraft fees. You must cancel your membership before your next billing date in order to avoid billing of the membership fees for the next billing cycle to your Payment Method. You can update your Payment Method by logging into your account. We may also update your Payment Method using information provided by our third-party payment processor. Following any update, you authorize us, our affiliates, or our third-party payment processor to continue to charge the applicable Payment Method(s). You remain responsible for any uncollected amounts.
- If you upgrade your paid service or add additional users to a Business Account, your fee will be increased for future billing cycles, and may be pro-rated as necessary. If you downgrade a paid service in the middle of a billing cycle, you will not receive a refund for that billing cycle, but future fees will be decreased accordingly. Downgrading your service level may result in the loss of content and features. We will not be liable for any such loss.
- Fees. All fees for The 80/20 CEO are based on memberships purchased and not on actual usage, are fully earned upon payment, and are non-refundable unless otherwise provided in our Terms and Conditions. Unless otherwise specified by us, all The 80/20 CEO memberships are purchased on a per person basis and may be accessed by no more than the specified number of persons permitted. Only one member is permitted per individual account. Additional members may be added at our then-current rates or the rates specified on an order form, if different, prorated for partial months to align with your current billing period. Memberships are for designated members only and cannot be shared or used by more than one user, but may be reassigned to new users within your organization replacing former users who no longer require ongoing use of The 80/20 CEO; however, access may be limited due to statuses of course attendance or completion or other factors we deem appropriate. If you exceed your usage, you will pay any invoice for excess usage in accordance with our Terms and Conditions and any then-current applicable order form. All pricing is in United States dollars, and is exclusive of any taxes, levies, duties or similar governmental assessments of any nature. We may modify our subscription fees effective prospectively upon reasonable notice to the extent allowed by applicable law. The fee for The 80/20 CEO membership that you purchase and any other charges you may incur in connection with your use of The 80/20 CEO, such as taxes and possible transaction fees, will be charged to your Payment Method monthly in advance on the specific payment date for your account or at such other times as we determine in accordance with our Terms and Conditions. You remain responsible for paying all taxes associated with your use or purchase of The 80/20 CEO, even if not invoiced by us, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. In some cases, your recurring payment date may change, for example, if your regular payment date falls on a non-business day, we may charge you on the next business day, or if your Payment Method has not successfully settled, or if your paid subscription began on a day not contained in a given month. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. Upon termination of your membership for any reason, you must immediately pay all unpaid fees and other amounts due and owing under our Terms and Conditions.
- Cancellation. You can cancel a The 80/20 CEO membership at any time. To cancel, send an email to [email protected] or go to billcanady.com and follow the instructions for cancellation. As a reminder, all payments are nonrefundable, unless otherwise provided in our Terms and Conditions. There are no refunds or credits for partially used membership periods. Following any cancellation, however, you will continue to have access to your membership through the end of your current billing period.
- Money Back Guarantee. Unless otherwise set forth for the membership you choose, should you become dissatisfied with your membership within the first three (3) days after purchase, we will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available for memberships after three (3) days after a purchase. Refunds are not available for accounts which have violated any of our Terms and Conditions, as determined in our sole discretion. If we determine that you are abusing this policy, we reserve the right to suspend or terminate your membership and refuse or restrict any and all current or future use of The 80/20 CEO without delivering a refund. To request a refund or to ask a question regarding the 3-day money back guarantee, email Support at [email protected].
- Term and Termination. We may discontinue furnishing The 80/20 CEO at any time, without any obligation to you; provided, however, that we will endeavor to give you as much advance notice as is reasonably practicable under the circumstances. Upon termination for any reason, you will lose the right to access or use The 80/20 CEO; however, your obligations in connection with your The 80/20 CEO membership prior to such termination, as well as any other provisions in our Terms and Conditions which, by their nature, would reasonably be expected to survive such termination, will survive termination. Upon termination of your membership for any reason, we will have no obligation to maintain your account or to retain or forward any data to you or any third party, unless and except as required by applicable law.
- Free Trials. We may, in our sole discretion, offer The 80/20 CEO memberships with a free trial for a limited period of time (“Free Trial”). You may be required to provide your Payment Method in order to sign up for a Free Trial. If you do provide your Payment Method when signing up for a Free Trial, you will not be charged until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your membership, you will be automatically charged the applicable membership fees for your subscription. At any time and without notice, we reserve the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
- Offers and Credits. We may offer a number of membership programs. We may also from time-to-time offer other special promotional offers, plans, memberships or subscriptions (“Offers”). Offer eligibility is determined by Profitable Growth Now, LLC in its sole discretion and we reserve the right to revoke an Offer and put your account on hold if we determine that you are not eligible for a particular Offer. Members of Businesses with an existing or recent The 80/20 CEO membership may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent The 80/20 CEO membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you. We may also provide a refund, discount, or other consideration to some or all of our members (“credits“). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- The 80/20 CEO and Documentation. Subject to your compliance with our Terms and Conditions, we grant you a limited, non-exclusive, non-transferable and revocable right to access and use: (i) The 80/20 CEO solely for your own personal and internal non-commercial purposes; and (ii) any manuals, instructions, or other documents or materials that we provide to you that describe or relate to the PGN Web Properties or The 80/20 CEO, which may include information we provide on our website or otherwise at sign-up or through on-boarding, including that provided in applicable frequently asked questions sections, in each case as updated from time to time (collectively, “Documentation”). Nothing in our Terms and Conditions grants any right, title, or interest in or to (including any license under) any intellectual property rights in or relating to, The 80/20 CEO, our Documentation, or any other PGN Web Property or any third-party materials, whether expressly, by implication, estoppel, or otherwise. As a licensee, you only have the right to access and use The 80/20 CEO, but you do not own The 80/20 CEO or any of the PGN Web Properties, which are and remain, as between you and us, our sole property. All rights that are not expressly granted to you in our Terms and Conditions are expressly reserved. Trademarks and logos used in connection with the PGN Web Properties, including The 80/20 CEO, or any Documentation are the trademarks of their respective owners. PGN, PGOS, The 80/20 CEO, and other PGN trademarks, service marks, graphics and logos used for our services are trademarks or registered trademarks of Profitable Growth Now, LLC.
- Changes; Suspension of Access. We may make changes or other updates to The 80/20 CEO as we deem necessary or useful, with or without notice to you. If applicable, you will install all updates as soon as practicable after receipt. If you do not timely install updates, as applicable, The 80/20 CEO features may not operate properly, efficiently or otherwise effectively. We may also suspend, terminate, or otherwise discontinue your access to or use of all or any part of The 80/20 CEO if we believe that you have breached our Terms and Conditions or applicable law, are misusing the PGN Web Properties, or for other reasons we deem relevant, without incurring any resulting obligation or liability.
- Your Use of 80/20 CEO. In order to use the PGN Web Properties, your computer hardware, software and data communication and connectivity must meet certain minimum requirements. You will be solely responsible for obtaining and maintaining, at your sole cost and expense, all hardware, software, and data communication and connectivity required to connect to The 80/20 CEO or any other PGN Web Property. If you fail or are unable to do so, then you may be unable to access The 80/20 CEO or any other PGN Web Property, and The 80/20 CEO and such other PGN Web Properties, may not operate properly, efficiently or otherwise effectively.
Data.
- Limited License. In addition to any licenses you grant us in our General Terms, you grant us a limited, non-exclusive right and license to use your Business Data (as defined in the General Terms of Use), or other materials that you submit, upload, store or otherwise use or process on, through or in connection with your use of The 80/20 CEO (“Customer Data”) to (i) assist in the provision of The 80/20 CEO and the right to disclose such Customer Data to third-party service providers to operate The 80/20 CEO; and (ii) to create Aggregated Data (as defined in the General Terms of Use). For the avoidance of doubt, you acknowledge and agree that we may use any and all Aggregated Data in any manner whatsoever in our sole discretion, subject to compliance with applicable laws and our Terms and Conditions.
- Your Data Security. You will use commercially reasonable measures to: (i) protect against any unauthorized access to or use of The 80/20 CEO; and (ii) control the content and use of data submitted, accessed, downloaded, stored, or otherwise used or processed by you on, through or in connection with The 80/20 CEO. Except as and to the extent expressly set forth in our Terms and Conditions, we will not have any obligation or liability to you or any third party for any loss, alteration, destruction, damage, corruption, or recovery of any data or information submitted, downloaded, stored, or otherwise used or processed within The 80/20 CEO.
- Customer Data. We: (i) will maintain appropriate administrative, physical and technical measures designed to protect the security and confidentiality of Customer Data against any accidental or illicit destruction, alteration or unauthorized access or disclosure to third parties; and (ii) have commercially reasonable measures in place designed to protect the security and confidentiality of Customer Data. While we provide reasonable precautions to protect your information, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. We will review our information security policies at planned intervals or if significant changes occur to help ensure their continuing suitability, adequacy, and effectiveness and our compliance with applicable laws.
- Feedback. We and our affiliates are free to use any Submissions (see the General Terms) that you may send to us in connection with The 80/20 CEO (including in connection with any Beta Services and including responses to questionnaires or through postings to The 80/20 CEO) and in perpetuity without any restrictions and without any further compensation, acknowledgment or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving The 80/20 CEO.
- IP Indemnity. If a third party should allege that The 80/20 CEO or your permitted use of The 80/20 CEO infringes any such third party’s personal, contractual, or proprietary rights, including any patent, copyright, trade secret, trademark, right of privacy, right of publicity, or other intellectual property right (each, an “IP Claim”), and such IP Claim results in an injunction or final judgment that prohibits your use of The 80/20 CEO, or if we reasonably believe that use of The 80/20 CEO may result in an IP Claim, then we will have the right, at our election, to: (i) procure for you the right to continue using The 80/20 CEO; (ii) replace or modify The 80/20 CEO to be non-infringing; or (iii) terminate your subscription to The 80/20 CEO. If we terminate your subscription based on the foregoing, we will refund any prepaid, unused fees. The foregoing is your sole remedy, and our sole responsibility, in the event of an IP Claim.