Terms of Service
Last Updated: November 15, 2024
Terms Of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of service. If you do not agree to these Terms of Service, please do not use the website.
TekMender.com (“Website”, “Site” or “Platform”) is a U.S. based business training service provider and is owned and operated by Business Pump LLC (“Business Pump LLC”, “we”, “our”, “us”, “The Company”, “Company”).
Your access to and use of this website, as well as all related websites operated by Business Pump LLC (which includes TekMender.com, BusinessPump.com, subdomains, among others collectively referred to as the “Site”) is subject to the following terms and conditions “Terms of Service” and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Service and acknowledge that any other agreements between you and the Site are superseded and of no force or effect.
This agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Hamilton County, Tennessee. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Subscription Agreement
You agree to provide Business Pump LLC with complete and accurate
billing and contact information for Yourself and Your organization and
update this information when necessary. Per your Subscription
Agreement, you are obligated to make payment by credit card in advance
of services rendered. You represent that You are authorized to use the
credit card that You enter and You authorize Business Pump LLC (or our
third party payment processor) to retain Your payment information and
to use the stored payment method and information to charge such credit
card at the time.
All payments are month to month (Except
yearly plans) and you can cancel at any time.
All sales are final, we do not offer refunds.You have the option to cancel at anytime before the next billing
date. There are no contracts.
How To Cancel: You may cancel by logging into your account, and cancelling your account, or by writing us at: Business Pump LLC 808 Chestnut Street, #1258 Chattanooga, TN 37402
We will not initiate any account cancelation by phone, you must write
to use directly as mentioned, or login to your account and cancel the
subscription directly.
By becoming a valued monthly member
of the TekMender.com website you unlock the gateway to our premium
BusinessPumpPRO platform, offering a treasure trove of custom-designed
templates and content tailored to your needs. It's important to note
that Business Pump LLC retains full copyright ownership of all custom
content and designs, allowing their use exclusively within the
Business Pump Website & BusinessPumpPRO Platform.
In
the event of an account cancellation, access to this unique content
will be promptly terminated. If you choose to cancel your Business
Pump membership, please be aware that you will no longer enjoy access
to any Business Pump features, the platform itself, support calls, or
any other member-only privileges.
Please remember that the
Business Pump designs are crafted exclusively for your Business Pump
account and cannot be transferred to any other High Level account or
external platform, website, or funnel builder. Unauthorized sharing or
use of any training materials outside the Business Pump membership
ecosystem is strictly prohibited without obtaining our prior consent.
Furthermore, it's important to mention that our Business Pump
Support Services are reserved exclusively for current Business Pump
members in good standing. We are here to serve and support you as you
continue to grow and succeed with us.
Subscription Terms:
Your initial subscription period will be specified in Your Subscription
Agreement, and, unless otherwise specified in Your Subscription Agreement,
it will automatically renew. All payments are month to month, unless you
paid in full with an annual plan. To prevent renewal of Your subscription,
You must login to your account, and cancel your subscription. You agree
that this is a continuous subscription until canceled. This means you authorize
Business Pump LLC to charge your payment method that is on file for the
length of your active subscription.
Fees and Payment:
The Business Pump LLC subscription, typically referred to as
“BusinessPumpPRO” is made up of two services. The first
service, referred to as your “Monthly Plan” is a set-fee
that is charged based on the pricing plan you choose at the time of
the start of your subscription. The “Monthly Plan”
provides access to the sales and marketing software platform,
it’s design templates and support by Business Pump LLC. This
price will not change unless we specifically contact you and notify
you of such change. The 2nd part of the service is made up of
“Optional Pay-As-You-Go Services”. These “Optional
Pay-As-You-Go Services” are additional fees that are added to
your “Monthly Plan”, and consist of any additional
optional services you choose to use. You are responsible for
monitoring your account, and paying the use fee for such services in
the next month and will be charged automatically to your payment
method on file for both the “Monthly Plan”, and the
“Optional Pay-As-You-Go Services” that you use.
You acknowledge that the amount billed may vary due to usage levels
for services such as SMS messages, emails, custom service API’s,
voice broadcast services and overages or changes in applicable taxes
or other charges, and You authorize Us (or our third party payment
processor) to charge Your payment method for the corresponding amount.
You are liable for all Fees You owe us under any Subscription
Agreement. You acknowledge that failure to pay any Fees due under any
account You have with us, or amounts under accounts associated with
the Business Pump Payment service provider or another payment
processor, is a breach of these Terms, and in such event You
acknowledge we have the right to terminate your account or suspend
access to the Business Pump LLC Service or Professional Services
associated with any account we have with You or which is under Your
control.
In the event of a pricing change, we will notify
you in advance, and you will have 60 days to decide to agree to the
new pricing plan price, or cancel your subscription.
Business Pump LLC reserves the right to revoke permission to use any
payment method, or alternate payment method at any time for any
reason. We can recover any obligation You owe us, to the extent
permitted by law, against any payment we have in any account we have
with You or under Your control, and You will be liable for the costs
we incur to pursue collections against You in order to collect any
outstanding Fees, including without limitation attorneys’ and
collection agency fees and expenses.
Liability / Damages
Neither Business Pump LLC nor any other party involved in creating, producing, or maintaining the site and/or any content on the site shall be liable under any circumstances for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the site.
Without limiting the foregoing, all content on the site is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties. Business Pump LLC does not warrant or make any representations regarding the use of the materials in the site, the results of the use of such materials, the suitability of such materials for any user’s needs or the likelihood that their use will meet any user’s expectations, or their correctness, accuracy, reliability, or correction.
Advertising
The Website, or other websites that we own and operate may contain advertisements, sponsored content, paid insertions, affiliate links or other forms of monetization. This Website abides by word of mouth marketing standards. We believe in honesty of relationship, opinion and identity. The compensation received may influence the advertising content, topics or posts made in this blog. That content, advertising space or post will be clearly identified as paid or sponsored content.
We never directly compensated to provide opinion on products,
services, websites and various other topics. The views and opinions
expressed on this website are purely those of the authors. If we claim
or appear to be experts on a certain topic or product or service area,
we will only endorse products or services that we believe, based on
our expertise, are worthy of such endorsement. Any product claim,
statistic, quote or other representation about a product or service
should be verified with the manufacturer
or provider.
This site does not contain any content which might present a conflict of interest. We makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contained on this website or any sites linked to or from this site.
Intellectual Property Rights
All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of Business Pump LLC or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from Business Pump LLC.
All images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “BusinessPumpPRO”, are either the property of, or used with permission by, the Company. The Company respects the copyright, trademark and all other intellectual property rights of others.
You must not:
- Republish material from our website without prior written consent.
- Sell or rent material from our website.
- Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.
- Redistribute any content from our website, including onto another website.
Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner.
Acceptable Use
You agree to use our website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content or disrupting the normal flow of dialogue within our website.
You must not use our website to send unsolicited commercial communications. You must not use the content on our website for any marketing related purpose without our express written consent.
The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at: Business Pump LLC 808 Chestnut Street, #1258 Chattanooga, TN 37402. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
Service Performance
Business Pump LLC does not warrant that use of the materials will be uninterrupted or error free, that defects will be corrected, or that this site, the content, and/or the materials available on this site are free from bugs or viruses or other harmful components.
Business Pump LLC shall not be responsible for any performance or service problems caused by our service, or any third party website or third party service provider (including, for example, your web service provider service, stripe payment services, your software and/or any updates or upgrades to that software). We do not publish up-times, or guarantee access. On occasion we may need to take the site down for maintenance, and will act in a reasonable fashion to restore service as quicly as possible.
You assume all responsibility for the cost of all necessary repairs or corrections. The company shall not be responsible for any performance or service problems caused by any third party website or third party service provider. Any such problem shall be governed solely by the agreement between you and that provider. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
Communications
When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
Access
We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.
The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Service. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
Content
All Content, such as training materials, images, videos, products, services, text, data, graphics files, videos and sound files, HTML/CSS, JavaScript, graphics, voice, artwork, photos, documents, and text as well as all other materials included in the Site and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company.
You agree that the Site and all content (collectively referred to as the “Content”) as used on the Site by us or other third parties, as well as the design/look/feel are only for your personal use and the information provided by the Company are the property of the Company and/or its third party providers.
You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, modified, or used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company.
Use of Testimonials
In accordance to with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:
Testimonials that appear on this site are actually received via text, audio or video submission. They are individual experiences, reflecting real life experiences of those who have used our products and/or services in some way. They are individual results and results do vary. We do not claim that they are typical results. The testimonials are not necessarily representative of all of those who will use our products and/or services.
The testimonials displayed in any form on this site (text, audio,
video or other) are reproduced verbatim, except for correction of
grammatical or typing errors. Some may have been shortened. In other
words, not the whole message received by the testimonial writer is
displayed when it seems too lengthy or not the whole statement seems
relevant for the
general public.
We are not responsible for any of the opinions or comments posted on the Website. The Website is not a forum for testimonials, however we provides testimonials as a means for customers to share their experiences with one another. To protect against abuse, all testimonials appear after they have been reviewed by our management. We do not share the opinions, views or commentary of any testimonials on the website – the opinions are strictly the views of the testimonial source.
The testimonials are never intended to make claims that our products and/or services can be used to diagnose, treat, cure, mitigate or prevent any disease. Any such claims, implicit or explicit, in any shape or form, have not been clinically tested or evaluated.
Disclaimer and Limitation of Liability
Business Pump LLC makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contain on this website or any sites linked to this site.
All the materials on this site are provided “as is” without any express or implied warranty of any kind, including warranties of merchantability, non infringement of intellectual property or fitness for any particular purpose. In no event shall Business Pump LLC or its agents or associates be liable for any damages whatsoever(including, without limitation, damages for loss of profits, business interruption, loss of information, injury or death)arising out of the use of or inability to use the materials, even if Business Pump LLC has been advised of the possibility of such loss or damages.
OTHER
We may in the future need to restrict access to parts (or all) of our website and reserve full rights to do so. If at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.
The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
Business Pump LLC does not warrant or make any representations or guarantees that you will earn any money using the site or the company’s technology or services. You accept all responsibility for evaluating your own earning potential as well as executing your own business and services. Your earning potential is entirely dependent on your own products, ideas, techniques; your execution of your business plan; the time you devote to the program, ideas and techniques offered and utilized; as well as your finances, your knowledge and your skill. Since these factors differ among all individuals, the company cannot and does not warrant or make any representations or guarantees regarding your success or income level.
Reach Us
If you have any questions regarding this policy, or your dealings with our business or website, please Reach Us Here, or by mail: Business Pump LLC 808 Chestnut Street, #1258 Chattanooga, TN 37402
Updates & Accuracy
These Terms of Service may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Service to which you are bound.
While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.