Terms & Conditions

Last Revised: June 9, 2020

Thank you for visiting a Black Canyon Group Inc. web site, including blkcyn.com; nanomarketing.works and/or unstoppablegrowth.works. You arrived at this Terms & Conditions page from one of the above sites, referred to herein as “these web sites”.

The following Terms & Conditions apply to all of the programs, products and services offered and provided by the Black Canyon Group Inc.  We genuinely regret the necessity to spell out these terms and conditions in this detailed a fashion.  But, we live in a litigious society, and it is in our mutual best interest to make these as clear as we possibly can so that we can both understand and agree.  Where we are able to do so, we’ve avoided “legalese.”  Unfortunately, some specific legal language is simply unavoidable and has been included here of necessity.

The following Terms and Conditions from Black Canyon Group Inc. (hereinafter “COMPANY”, “We”, and “Us”) govern your use of the above web sites and all content and materials provided in the programs offered by COMPANY and apply to your access and use of them.

Please read carefully and note our MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION.

Please also note that Black Canyon Group Inc. is an entity based in Idaho, USA and that primarily serves customers in North America.

1. INTELLECTUAL PROPERTY

You acknowledge and agree that all content and materials provided in the programs offered by COMPANY and on any of the COMPANY websites are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. The NanoMarketing Method and Unstoppable Growth are registered trademarks of COMPANY.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on these web sites or any content and materials provided in the programs offered by COMPANY is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us using the contact information listed in the section entitled “Contacting Us”.

2. ABILITY TO ACCEPT TERMS AND CONDITIONS / LIMITATIONS ON USE

You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

If you are provided a password to access these web sites or any content and materials provided in the programs offered by COMPANY, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password.

3. CANCELLATION AND REFUND POLICY

We work incredibly hard to deliver far more value than the fees we charge for our programs.  And we believe we deliver consistently.  But we know that life happens.  And we all know that extraordinary and unexpected circumstances can appear out of nowhere, as they did during the first few months of 2020.  So, we want to provide the maximum flexibility and understanding should something unexpected happen to you.  At the same time, we need to treat ourselves and those delivering the value in our programs fairly too.  We want the process to be simple, completely transparent, and as fair as we can figure out how to make it. So, here’s the best way we can do that:

1. If you enroll in a program, you can cancel your enrollment and receive a full refund at any time up until the end of the first full week of the program delivery. Usually, that will give you about ten days to opt back out and receive a full refund.  If a program begins on a Monday (which is typical) the last day to request a full refund is on Friday of that same week.

2. If you enroll in a program and have not logged into the program or accessed any of the resources we provide during the first two weeks of the program, you can cancel your enrollment and receive a full refund. Specifically, that means that if a program were to begin on Monday, September 1, and you have not logged in or accessed any of the program content and resources by Friday, September 12 (ten business days into the program) you can still cancel your enrollment and receive a full refund.

3. Because the number of participants in each of our programs is very limited, and because our programs begin and end at specific points in time, it is impossible for us to maintain a “wait list” or to add people to a program once we’ve started to deliver it. Since there are live and interactive elements in our programs, there’s no way someone can join late and catch up.  Like an airplane seat that’s empty once the plane is in the air, it is impossible for us to replace your enrollment with someone else.  Therefore, please don’t request cancellation or a refund beyond the two windows of time detailed above.
4. PRODUCT DELIVERY / MEMBERSHIP SITE / CONDUCT
5. For products or programs that you purchase from us that are delivered through a download link, you will be given a URL to access and download the product(s) or programs you purchased. In such instances, you agree not to share the download link with other people who did not purchase the product(s) or programs.
6. For products or programs that you purchase from us that are delivered through a membership site, you will be given a user name and password to access the course materials and tools. In such instances, you agree not to share your login information with other people who did not purchase the product(s) or programs. You will not sell access to this program or duplicate and sell any of its content without written permission.
7. Where applicable, the membership site is meant for informational purposes only. It is not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information on the membership site, or all content and materials provided in the programs offered by COMPANY and these web sites are at your own risk.
8. Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.
9. We reserve the right to discontinue or modify without notice or liability, any portion of these web sites or any content and materials provided in the programs offered by COMPANY.  However, in the rare event that We decide to discontinue a particular online product or program you have paid for, We will either fulfill the services for the duration of the specific term that you paid for, or in our sole discretion, We will offer you a refund for the services that were not yet rendered.  If no specific duration was specified for how long a particular online product or program will be available, such product or program will be made available to you for a minimum of one year, or for however long We continue to support that version of the program, whichever is later.
10. You affirm, represent, and warrant that your participation on these web sites and the content you submit does not relate to pornography or illegal activities of any kind. You also represent and warrant that content you submit does not violate the intellectual property rights of third parties. COMPANY reserves the right to make the final decision regarding what is appropriate. COMPANY further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.
11. You understand and agree to not place an unreasonable burden on the server hosting any of the web sites or membership sites, to not interfere with the running of the web sites and to not attempt unauthorized access to any portion of the web sites.
12. You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
13. Please do not send any confidential or proprietary information to COMPANY unless specifically requested by COMPANY.  Any such unsolicited information or material sent to COMPANY by you will not be deemed confidential or proprietary. Furthermore, you agree that any ideas, suggestions, or improvements that you provide to COMPANY about COMPANY’s products or services shall be owned by COMPANY and that COMPANY is free to include such ideas in future products without compensation to you.
14. You hereby warrant that any information you submit to COMPANY through any of the web sites is owned by you and that you have the necessary authority to submit such information. You hereby grant COMPANY a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to COMPANY.
15. PRIVACY

Please read the Privacy Policy carefully to understand how COMPANY collects, uses and discloses personally identifiable information from its users. The Privacy Policy is hereby incorporated by reference as part of these Terms and Conditions.

6. THIRD PARTY REFERENCES / HYPERLINKS

These web sites may link you to other sites on the Internet that are not operated by the Company (“Third-Party Sites”). COMPANY may also use Third-Party Sites to set up groups (such as Facebook or LinkedIn), but is not obligated to do so.

These Third-Party Sites may contain information or material that some people may find inappropriate or offensive. These Third-Party Sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the other site by or any association with its operators.

You agree to access and use any Third-Party Sites and the third-party content contained therein at your own risk. You acknowledge that a Third-Party Site may collect personal information about you, and any personal information you disclose or submit to a Third-Party Site will not be under control of the Company. The Company assumes no responsibility or liability for the privacy and information collection policies of third parties operating any Third-Party Site and we suggest contacting the providers of those sites directly for information on their privacy policies.

7. CONTACTING US

If you need to contact us, you can email us at support@blkcyn.com or send us a letter at: Black Canyon Group Inc., attention Marilee Peterson, PO Box 2479, Sandpoint, Idaho 83864.

8. DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THESE WEB SITES (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THESE WEB SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THESE WEB SITES IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

9. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THESE WEB SITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO COMPANY FOR PRODUCTS OR PROGRAMS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Any provision herein to the contrary notwithstanding, the maximum liability of COMPANY to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Content delivered to You hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to COMPANY by You for the Content whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of COMPANY arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with these web sites and any services rendered hereunder and that, were COMPANY to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.

10. INDEMNIFICATION

Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY harmless, and its employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of these web sites or from your violation of the Terms and Conditions stated herein.

11. SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and COMPANY with respect to these web sites and supersedes all prior or contemporaneous communications between you and COMPANY with respect to these web sites. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

12. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Idaho.

13. ARBITRATION OF DISPUTES

Except for payment/collection issues or infringement of COMPANY’s intellectual property, which can be heard by a court of competent jurisdiction, the parties agree that any dispute or claim in law or equity arising between them regarding the use of these web sites or these Terms and Conditions, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Bonner County, Idaho. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of Bonner County, Idaho. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.

NOTICE: BY USING THESE WEB SITES, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THESE WEB SITES.

14. CLASS ACTION WAIVER

ARBITRATION OR ANY OTHER LEGAL ACTION ARISING IN CONNECTION WITH THE USE OF THESE WEB SITES, THE SERVICES OFFERED THROUGH THESE WEB SITES, OR THESE TERMS AND CONDITIONS MUST BE ON AN INDIVIDUAL BASIS, WHERE ALLOWED BY APPLICABLE LAWS. THIS MEANS NEITHER YOU NOR COMPANY MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

15. ATTORNEYS’ FEES

In any dispute, action, proceeding, or arbitration regarding the use of these web sites or these Terms and Conditions, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys’ and experts’ fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys’ fees, costs and expenses upon appeal).