Effective Date: 1.4.24

Welcome to ortubrands.com, a digital marketing website operated by Ortu Brands LLC (“we,” “us,” or “our”). By accessing and using our website, you agree to comply with and be bound by the following terms and conditions (“Terms of Service”). Please read these terms carefully before using ortubrands.com. If you do not agree with any part of these Terms of Service, you must not access or use our website.

Services Offered

ortubrands.com provides digital marketing services, consulting services, resources, and information related to branding, marketing, and sales for businesses. These services are subject to the terms and conditions stated herein.

1.0 Acceptance of this Agreement.

1.1 Acceptance Through Using or Accessing the Services.

Please review the following terms carefully. By accessing or using the Services (or by clicking on “accept” or “agree” to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.

1.2 Eligibility Requirements to Use or Access the Services.

To use the Website or any other Services, you must be (i) at least 18 years old , (ii) a resident of the United States or legal resident of another country, and (iii) not a competitor of or using the Services for purposes that are competitive with the Company.

By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.

1.3 Changes to this Agreement.

Ortu Brands LLC reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards. For new users, the changes will be effective immediately.

Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.

2.0 Policy for Use of Content

All content provided on ortubrands.com, including but not limited to text, images, videos, and downloadable materials, is for informational purposes only. You may not modify, reproduce, distribute, or sell any content from our website without prior written consent from Ortu Brands LLC.

3.0 Geographic Restrictions.

The Company is based in the United States. The Services are for use by persons located in the United States. By choosing to access the Services from any location other than the United States, you accept full responsibility for compliance with all local laws. The Company makes no representations that the Services or any of its content are accessible or appropriate outside of the United States.

4.0 Confidentiality 

Any information you provide during consulting sessions or interactions with Ortu Brands LLC will be treated as confidential and handled in accordance with our Privacy Policy. We will not disclose your personal details or coaching content to third parties without your consent, except as required by law.

5.0 Payments & Refunds

For services or products available on ortubrands.com, payment will processed securely through the provided methods. All fees are non-refundable unless otherwise stated or required by law.

6.0 Contract

6.1 Subscriptions

Subscriptions allow you to receive Services continuously or regularly over a determined period of time. Paid subscriptions begin on the day the payment is received by the Company. In order to maintain subscriptions. Your credit card will be directly debited per your payment agreement. Failure to do so may cause service interruptions.

6.2 One Time Purchases & Other Payment Terms/Plans 

(a) Your credit card will be directly debited per your payment agreement.

(b) You will remain liable for the remainder until payment is received in full.

(c) Should you have questions or issues with your payment plan, please contact support@ortubrands.com.

6.3 Failed Payments

(a) If payments are not received on your due date and your account ends up in collections, we reserve the right to pursue legal action through collections to obtain at least ninety (90) percent of the minimum balance due. Grace period of 1 week is allowed by approved exception only by email support@ortubrands.com, otherwise termination will occur immediately.

(b) Should your credit card expire or payment fail for any reason during payment processing your access will be automatically suspended until the payment is made and your access will be immediately restored. We reserve the right to obtain any back payments owed through collections should payments not be made as outlined upon enrollment as this is a legal binding agreement.

7.0 Intellectual Property Rights.

All content and materials available on ortubrands.com including but not limited to logos, trademarks, and copyrighted content, are the property of Ortu Brands LLC or its respective owners. You may not use or reproduce any intellectual property without explicit permission.

All trademarks, logos, and service marks displayed on the Services are either the Company’s property or the property of third parties. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.

8.0 Privacy 

For information about how the Company collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information.

9.0 Termination.

We reserve the right to terminate or suspend access to our courses, software, or consulting services at our discretion, with or without cause, and without prior notice. 

10.0 External Links

We assume no responsibility for links to other websites or resources. These links are provided for your convenience and we do not endorse or have control over the content or practices of external sites. You access external sites at your own risk. 

11. 0 Indemnification 

By using ortubrands.com, you agree to indemnify, defend, and hold Ortu Brands LLC, its affiliates, and representatives harmless from any claims, losses, liabilities, or expenses arising from your use of our website or violation of these Terms of Service.

12.0 Disputes.

12.1 Governing Law.

All matters relating to this Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any conflict of law principles.

12.2 Dispute Resolution.

Any action or proceeding arising out of or related to this Agreement or the Services shall be brought only in a state or federal court located in the State of Texas, County of El Paso, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You hereby irrevocably submit to the jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venues.

At the Company’s sole discretion, it may require any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, to be submitted to and decided by a single arbitrator by binding arbitration under the rules of the American Arbitration Association in El Paso, Texas. The decision of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party. The prevailing party in the arbitration proceedings shall be awarded reasonable attorneys’ fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrator shall for good cause determine otherwise.

All arbitrations shall proceed on an individual basis. You agree that you may bring claims against the Company in arbitration only in your individual capacities and in so doing you hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. Notwithstanding anything to the contrary under the rules of the American Arbitration Association, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

12.3 Limitation to Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN THREE 3 MONTHS AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.

13.0 Miscellaneous.

13.1 Waiver.

Except as otherwise set forth in this Agreement, no failure of the Company to exercise, or delay by the Company in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

13.2 Severability.

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

13.3 Entire Agreement.

This Agreement, together with all documents referenced herein, constitutes the entire agreement between you and the Ortu Brands LLC with respect to the subject matter contained herein. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.

13.4 Headings.

Headings and titles of sections, clauses, and parts in this Agreement are for convenience only. Such headings and titles shall not affect the meaning of any provisions of the Agreement.

13.5 No Agency, Partnership or Joint Venture.

No agency, partnership, or joint venture has been created between you and the Ortu Brands LLC as a result of this Agreement. You do not have any authority of any kind to bind the Ortu Brands LLC in any respect whatsoever.

13.6 Assignment.

You shall not assign or delegate any of your rights or obligations under this Agreement without the prior written consent of the Company. Any purported assignment or delegation in violation of this Section shall be deemed null and void. No assignment or delegation shall relieve you of any of your obligations hereunder. The Company may freely assign or delegate its rights and obligations under this Agreement at any time. Subject to the limits on assignment stated above, this Agreement will inure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns.

13.7 Export Laws.

The Services may be subject to U.S. export control laws and regulations. You agree to abide by these laws and their regulations (including, without limitation, the Export Administration Act and the Arms Export Control Act) and not to transfer, by electronic transmission or otherwise, any materials from the Services to either a foreign national or a foreign destination in violation of such laws or regulations.

14.0 Contact Information.

All notices of copyright infringement claims should be sent to the designated copyright agent as provided in Section 7 (User Content). All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to support@ortubrands.com

By using ortubrands.com or courses.ortubrands.com, you acknowledge that you have read, understood, and agreed to these Terms of Service.