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Fortified Spouse

Terms Of Service

Please read the following terms of use agreement carefully. By accessing or using our sights and our services, you hereby agree to be bound by the terms and all terms incorporated herein by reference. If you do not expressly agree to all of the terms and conditions, then please do not access or use our site(s) or our service(s).

ACCEPTANCE OF TERMS

The following Terms Of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Business Action Now LLC, and our subsidiaries and/or affiliates, in association with the use of the The Fortified Spouse website, which includes https://fortifiedspouse.com (the “Site(s)”) and its services and/or products, which shall be defined below.

This Site is entered into use between Business Action Now LLC and YOU.  (“YOU” or “YOUR” – Referring to your legal name) collectively the “Parties” and individually “Party.”

Whereas, YOU desire to engage Business Action Now LLC to provide those strategies and methods to you in the form of videos, audios, calls (via phone or otherwise), and periodic individual coaching and evaluation (if deemed necessary at the sole discretion of Business Action Now LLC and anyone working within its entity).

Therefore, in consideration of the promises and mutual covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following guidelines, usage of this TOS, and the Privacy Policy of this Site:

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site, is a website which has the following description:

To inform, empower, and educate our followers with value-driven information to help them make the changes they deem necessary in their own lives, online and/or offline, with various mentoring, personal development, leadership, marriage reconciliation, and/or consulting trends and/or business models so readers, listeners, and/or followers can learn strategies to implement into their own lives.

Any and all visitors to our site shall be deemed as “users” or “user” of the herein contained Services provided for the purpose of this TOS.

The user acknowledges and agrees that the services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Business Action Now LLC. At its discretion, Business Action Now LLC may offer additional website services and/or products, or update, modify or revise any current content and services, and this Agreement shall apply to any and all additional services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Business Action Now LLC does hereby reserve the right to cancel and cease offering any of the aforementioned services and/or products at any time for any reason deemed fit by Business Action Now LLC.

You, as the end user, acknowledges, accepts, and agrees that Business Action Now LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our services and/or products. Your continued use of the services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes, and/or modifications, and as such, frequent review of this agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised and/or modified terms, you must immediately cease your use of the provided services.

Furthermore, you as the user understands, acknowledges, and agrees that the services offered shall be provided “AS IS” and as such Business Action Now LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication and/or personalization settings.

PRIVACY POLICY

Any and all user information is strictly protected by the Business Action Now LLC Online Privacy Policy. As a member, you herein consent to the collection and use of the information that you as the user willingly provides, including the transfer of information within the United States and/or other countries for storage, processing and/or use by Business Action Now LLC and/or our subsidiaries and/or our affiliates.

INTERSTATE COMMUNICATION

Upon registration, you herein knowledge that by using https://fortifiedspouse.com (or any other related site(s)) to send Electronic Communications, which would include, but are not limited to, Email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our Computer Network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this service shall result in interstate transmissions.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the Internet, through the use of our network, you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).

Furthermore, you state and pledge that you:

  • Are not on the list of prohibited individuals which may be identified by any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations
  • Agree not to transfer any software, technology or any other technical data through the use of our Network Services to any export-prohibited country
  • Agree not to use our website Network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the export laws written, enforced and constituted by the United States
  • Agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the United States or other applicable export and/or import laws

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

Business Action Now LLC shall not lay claim to ownership of any content submitted by any visitor or user, or make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Business Action Now LLC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

  • The content submitted and/or made available for inclusion on the publicly accessible areas of Business Action Now LLC’s site(s), the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our Network Services is for the sole purpose of providing and/or promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member and/or subscriber of Business Action Now LLC’s site(s), and shall terminate at such time when you elect to discontinue your membership. Furthermore, the aforementioned termination of your account and/or subscription is not included if you (the user) is forcibly removed by any subsidiaries, affiliates, agents, employees, officers, partners and/or licensors of Business Action Now LLC from any and all lists, databases, or memberships controlled by Business Action Now LLC, due to any violations of the TOS and/or Privacy Policy governed by Business Action Now LLC.
  • Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Business Action Now LLC’s site(s), the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our Network Services are for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Business Action Now LLC’s site(s) and shall terminate at such time when you elect to discontinue your membership. Furthermore, the aforementioned termination of your account and/or subscription is not included if you (the user) is forcibly removed by any subsidiaries, affiliates, agents, employees, officers, partners and/or licensors of Business Action Now LLC from any and all lists, databases, or memberships controlled by Business Action Now LLC, due to any violations of the TOS and/or Privacy Policy governed by Business Action Now LLC.
  • For any other content submitted or made available for inclusion on the publicly accessible areas of Business Action Now LLC’s site(s), the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium currently used or later developed.

Those areas which may be deemed “publicly accessible” areas of Business Action Now LLC’s site(s) are those such areas of our Network Properties which are meant to be available to the general public, in which would include message boards, comment sections, and/or groups that may or not be openly available to visitors, in which the decision to what and who is permitted to access, in any form or fashion, the message boards and/or groups, is at the sole discretion of Business Action Now LLC and its subsidiaries, affiliates, agents, employees, officers, partners and/or licensors.

CONTRIBUTIONS TO COMPANY WEBSITE

Business Action Now LLC provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:

  • Your contributions do not contain any type of confidential and/or proprietary information (unless you, the user, can prove beyond a shadow of a doubt that you own said information)
  • Business Action Now LLC shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions
  • Business Action Now LLC shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit
  • The contributor’s Contributions shall automatically and immediately become the sole property of Business Action Now LLC
  • Business Action Now LLC is under no obligation to either compensate and/or provide any form of reimbursement in any manner or nature at any time.

INDEMNITY

All users herein agree to insure and hold Business Action Now LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless and/or not liable for any claim or demand, which may include, but not limited to, reasonable attorney fees made by any third party, which may arise from any content a user of our site(s) may submit, post, modify, transmit or otherwise make available through our Services, the use of Business Action Now LLC’s Services and/or our connection with these Services, your violations of the Terms of Service, your violation of the herein Privacy Policy and/or violation of any such rights of another person.

COMMERCIAL REUSE OF SERVICES

You, the user, acknowledges, accepts and agrees not to replicate, duplicate, copy, trade, sell, resell and/or exploit for any commercial reason(s) or any other reason deemed fit by the sole discretion of Business Action Now LLC, any part, use of, or access to Business Action Now LLC’s site(s).

MODIFICATIONS

Business Action Now LLC shall reserve the right at any time it may deem fit, to modify, alter and/or discontinue, whether temporary or permanently, our service(s) and/or product(s), or any part thereof, with or without prior notice. In addition, we shall not be held liable to you, the user, or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

ADVERTISERS

Any correspondence or business dealings with, or the participation of any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein acknowledge, accept and agree that Business Action Now LLC shall not be held responsible and/or liable for any loss and/or damage of any nature or manner incurred as a direct result of any such dealings and/or as a result of the presence of such advertisers on our website(s).

LINKS

Business Action Now LLC and/or any third parties may provide links, in any form or fashion that may or may not be controlled by Business Action Now LLC, to other websites and/or resources. Thus, you acknowledge, accept and agree that we are not responsible for the availability of any such external sites and/or resources, and as such, we do not endorse nor are we responsible and/or liable for any content, products, advertising or any other materials, on or available from such third party sites and/or resources. Furthermore, you acknowledge, accept and agree that Business Action Now LLC shall not be responsible and/or liable, directly or indirectly, for any such damage and/or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such sites and/or resources.

PROPRIETARY RIGHTS

You, the user, do hereby acknowledge, accept and agree that Business Action Now LLC’s Services and/or any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and/or confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge, accept and agree that any Content which may be contained in any advertisements or information presented by and/or through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and/or laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Business Action Now LLC or such applicable subsidiary, affiliate, agent, employee, officer, partner and/or licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Business Action Now LLC Services (e.g. Content and/or Software), in part and/or in whole.

Business Action Now LLC herein has granted you personal, non-transferable and non-exclusive rights and/or license(s) to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create and/or plagiarize any work from, reverse engineer, reverse assemble and/or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right(s) in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access and/or attempt to access our Services through any means other than through the interface which is provided by Business Action Now LLC for use in accessing our services.

WARRANTY DISCLAIMERS

You herein expressly acknowledge, accept and agree that:

  • The use of Business Action Now LLC Services and Software are at the sole risk by you. Our Services and Software shall be provided on an “As is” and/or “As available” basis. Business Action Now LLC and our subsidiaries, affiliates, officers, employees, agents, partners, and/or licensors expressly disclaim any and all warranties of any kind, whether expressed or implied, including, but not limited to any implied warranties of title, merchantability, fitness for any particular purpose and non-infringement.
  • Business Action Now LLC and our subsidiaries, officers, employees, agents, partners and/or licensors make no such warranties that (i) Business Action Now LLC’s Services and/or Software will meet your requirements; (ii) Business Action Now LLC’s Services and/or Software shall be uninterrupted, timely, secure or error-free; (iii) that such results which may be obtained from the use of the Business Action Now LLC Services and/or Software will be accurate and/or reliable; (iv) quality of any products, Services, any information or other material which may be purchased or obtained by you through our Services and/or Software will meet your expectations; and (v) that any such errors contained in the Software shall be corrected.
  • Any information or material downloaded or otherwise obtained by way of Business Action Now LLC’s Services and/or Software shall be accessed by your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and/or causes of action with respect to any damage to your computer and/or Internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information and/or material.
  • No advice and/or information, whether written or oral, may be obtained by you from Business Action Now LLC or by way of or from our Services or Software shall create any warranty not expressly stated in the Terms Of Service.
  • A small percentage of some users may experience some degree of an epileptic seizure when exposed to certain light patterns or backgrounds that may be contained on a computer screen or while using our Services. Certain conditions may induce a previously unknown condition or undetected epileptic symptom in users who have shown no history of any prior seizure and/or epilepsy. Should you, anyone you know or anyone in your family have an epileptic condition, consult a Physician if you experience any of the following symptoms while using our Services and/or Software: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movements, and/or convulsions.


REFUND & EARLY TERMINATION POLICY

By signing an Agreement between you and Business Action Now LLC, you agree and understand that you are committing to pay Business Action Now LLC the full amount of the payment option that you agreed to during the checkout process.  Due to multiple payment and program options offered by Business Action Now LLC, the payment option that you agreed to and gave consent to process during the checkout procedure is the option that you are legally bound to wholly fulfill throughout the agreed-upon timeframe that is built into that specific checkout option.

Business Action Now LLC abides by a strict no-refund and/or no-early termination policy.  You agree and understand that you are permanently waiving any right to seek or claim a refund of any type or value from Business Action Now LLC. You further acknowledge, represent, warrant and agree that, by using this Site in any form, you are taking full responsibility for your own success, or failure, and therefore you will not request or seek a refund. Any attempt to seek a refund of any amount, or a failure to pay any remaining payments that you have contractually agreed to within any signed Agreement between you and Business Action Now LLC, will result in immediate removal of access to the program(s) and any associated online group. Furthermore, Business Action Now LLC retains the right to seek legal action to collect any unpaid monetary amount as agreed upon within any signed Agreement between you and Business Action Now LLC.

Any commitment will be documented, at the discretion of Business Action Now LLC, & stored during a recorded phone call with your enrollment advisor as a contractual & verbal agreement for the amount to be paid. The aforementioned recorded call can, and will, be used in a court of law as irrefutable evidence if a dispute of any kind is brought about by either party. Moreover, Business Action Now LLC will legally seek court costs, the original agreed-upon monetary amount, losses due to defamation/slander, administrative fees, and/or any other costs to be paid by you, as ordered by a ruling legal power including a judge, magistrate, or otherwise, if a dispute of any kind, is brought against Business Action Now LLC.

LIMITATION OF LIABILITY

You explicitly acknowledge, understand and agree that Business Action Now LLC and our subsidiaries, affiliates, officers, employees, agents, partners and/or licensors shall not be liable to you for any punitive, direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or any and all other intangible losses, even though we may have been advised of such possibility that said damages may occur and result from:

  • They use or inability to use our Services and/or Software
  • The cost of procuring substitute goods and/or Services
  • Unauthorized access to or the alteration of your transmissions and/or data
  • Statements or conduct of any third party on our Services and/or Software
  • And any other matter which may be related to any and all of our Services and/or Software

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

Should you intend to create or to join any service, receive or request any such news, messages, alerts and/or other information from our Services concerning companies, stock quotes, investments or securities, be sure to review the above sections of Warranty Disclaimers and Limitations Of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. Business Action Now LLC’s Content is provided primarily for informational purposes, and no content that shall be provided and/or included in our Services and/or Software is intended for trading or investing purposes. Neither Business Action Now LLC nor any of our subsidiaries, officers, employees, agents, partners and/or licensors, directly or indirectly, are responsible and/or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or held liable for any trading and/or investment decisions based on any such information.

EXCLUSIONS AND LIMITATIONS

There are some jurisdictions which do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations of sections warranty disclaimers and limitation of liability may not apply to you.

THIRD PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise expressly provided in this Terms Of Service, that there shall be third party beneficiaries to this agreement.

NOTICES

Business Action Now LLC may furnish you with notices, including those with regards to any changes to the Terms Of Service, including but not limited to Email, postal mail, MMS or SMS, text messaging, postings on our website(s) Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the Terms Of Service by accessing our Services and/or Software in any unauthorized manner. Your acceptance of this Terms Of Service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the Business Action Now LLC trademarks, copyright, trade name, service marks, and other Business Action Now LLC logos and any brand features, and/or products and/or service names are trademarks and as such, are and shall remain permanent property, unless given proper and adequate approval deemed acceptable by Business Action Now LLC, of Business Action Now LLC.

You herein acknowledge, accept and agree not to display and/or use in any form, fashion, and/or manner the Business Action Now LLC logo(s) or marks.

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE AND PROCEDURES

Business Action Now LLC will always respect the intellectual property of others, and we ask that all of our users do the same. If you believe that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you shall provide to us the following information:

  • The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
  • A description of the location of the site in which you allege has been infringing upon your work;
  • The exact calendar date of the alleged work infringement;
  • The physical address, telephone number, email address, and website (where applicable);
  • A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
  • A detailed statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative, or agent authorized to act on the copywriter or intellectual property owner’s behalf.

With regards to appropriate circumstances and at its sole discretion, Business Action Now LLC may disable and/or terminate the accounts of any user who violates our Terms Of Service, our Privacy Policy, and/or infringes the rights of others with or without any warning, notice, or informant.

CLOSED CAPTIONING

Be it known, that Business Action Now LLC complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at https://fortifiedspouse.com.

GENERAL INFORMATION

Entire Agreement: This Terms Of Service constitutes the entire agreement between you and Business Action Now LLC and shall govern the use of our Services and/or Software, superseding any prior version of this Terms Of Service between you and us with respect to Business Action Now LLC’s Services. You may also be subject to additional terms and conditions that may apply when you use and/or purchase certain other Business Action Now LLC Services and/or Software, Affiliate Services, and/or third-party content or third-party software.

Choice of Law and Forum: It is at the mutual agreement of both you and Business Action Now LLC with regard to the Terms Of Service that the relationship between the parties shall be governed by the laws of the state of Michigan without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Terms Of Service, or the relationship between you and Business Action Now LLC, shall be filed within the courts having jurisdiction within the county of Kent, Michigan or the U.S. District Court located in said state. You and Business Action Now LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to the venue in such courts.

Waiver and Severability of Terms: At any time, should Business Action Now LLC fail to exercise or enforce any right or provision of the Terms Of Service, such failure shall not constitute a waiver of such right or provision. If any provision of this Terms Of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms Of Service remain in full force and effect.

Statute of Limitations: You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim and/or action arising out of or related to the use of our Services and/or Software, the Terms Of Service must be filed within one (1) year after said claim or cause of action arose or shall be forever barred.

VIOLATIONS

It is our goal at Business Action Now LLC to provide outstanding products accompanied with exceptional customer service. If you have any questions, comments, or concerns about our practices and/or this TOS, and/or you would like to report any violations of this TOS, feel free to contact us via one of the methods listed below:

Submit a support ticket at https://fortifiedspouse.com/  at Contact Us

We do not accept requests via facsimile or telephone. All requests dealing with violations must be made in writing. We take no responsibility for requests that are not sent or addressed properly or have incomplete and/or inadequate information.

EEA DATA CONTROLLER OBLIGATIONS

You (and Business Action Now LLC) will independently fulfill all duties required of data controllers under applicable EEA data protection law (such law shall include, but not be limited to, the EU General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”); (iii) the EU e-Privacy Directive (Directive 2002/58/EC), including subsequent variations, such as the Regulation of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (“ePrivacy Regulation”), if enacted).

Your controller duties include:

  1. Determining and qualifying the necessary legal basis or bases for your collection or processing of personal information
  2. Managing and reporting security incidents
  3. Transfers
  4. Entering into contracts with only with data processors that provide adequate protection for personal data and including appropriate contractual language
  5. Maintaining records of your data processing activities
  6. Conducting any required data protection impact assessments
  7. Implementing and maintaining all measures required pursuant to Article 32 of the GDPR

FULL AGREEMENT BETWEEN YOU AND BUSINESS ACTION NOW LLC

These Terms are the entire agreement between You and Business Action Now LLC with respect to the Services, Terms, and our Privacy Policy. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Business Action Now LLC with respect to the Services and govern our relationship. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Business Action Now LLC’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

MISCELLANEOUS

We may modify or discontinue our Services or Terms at any time, in our sole discretion. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Business Action Now LLC’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Services must commence within three (3) months after the cause of action accrues. Otherwise, such cause of action is permanently barred.