Thank you for visiting The Novus Collective, LLC. DBA SystemsUp®,. website, including but not limited to, novuscollective.com, theelevateeffect.com, wearesystemsup.com, wearesystemsup.thrivecart.com, (collectively, the “Website").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website. The materials contained in this Website are protected by applicable copyright and trademark law.
USE
Your access to and use of this Website is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
You are granted a fully revokable license to use the materials (information or software) on The Novus Collective, LLC, (collectively, the “Owner”) website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the Website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Owner at any time. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
By accessing this Website, you agree that you will not use what you have access to here to create a competing website, product, or service; and, that you will not create any work that compiles or derives from what you have access to here; and, that you will not use this Website or services in any manner that violates this agreement or any local, state, federal, or international laws.
OWNER PRODUCTS
Owner products include but are not limited to: Elevate: The Coach Approach To Elevated Systems, Extended Leave Lab, ClickUp Suites, ClickUp Products, and ClickUp Templates.
DIGITAL PRODUCTS & PROGRAMS PAYMENT TERMS
Programs and Billing. Certain aspects of the digital products & programs may be provided for a fee, subscription or other charge. Unless we explicitly specify otherwise in our marketing and on the checkout page, our offers are not subscriptions. We may add new digital products & programs for additional fees and charges, add or amend fees and charges for existing digital products & programs, at any time in our sole discretion. Any change to our pricing or payment terms will become effective in the billing cycle following notice of such change to you as provided in this Agreement.
Lifetime Access. In certain instances, we may refer to “lifetime access” to our digital products & programs. Lifetime access to one of our digital products & programs is valid for the life of this product. We reserve the right to discontinue any digital products & programs at any time for any reason. Your access of such digital products & programs continues in perpetuity until this digital products and/or programs is discontinued or disabled.
Payment Information; Taxes. You are responsible for all fees, including taxes, associated with your use of the digital products & programs. You are responsible for providing us with a valid means of payment. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the digital products & programs must be accurate, complete, and current. You must keep current payment information on file with us. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the digital products & programs at the prices in effect when such charges are incurred.
Payment Authorization. By agreeing to these terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize us to satisfy.
Chargebacks. If you have a dispute concerning any payment transaction, please contact us. If at any time you contact your bank or credit card company to reject the charge of any payable fees (“Chargeback”), this act will be considered a breach of your payment obligations, and we reserve the right to automatically terminate your use of the digital products & programs. We reserve the right to dispute any Chargeback and take all reasonable action to authorize the transaction. In the event of a Chargeback, we may terminate our digital products & programs. In order to resume use of the digital products & programs, you must re-subscribe for the digital products & programs and pay all applicable fees for the digital products & programs as well as any fees incurred by us or our payment processor as a result of the Chargeback.
Recurring Payments. Unless we specify otherwise on the checkout page, our programs allow for payment plans, not month-to-month subscriptions that can be canceled at any time. Our digital products & programs are not month-to-month memberships. By selecting a payment plan option, you agree to make all payments under that plan. Failure to pay does not cancel your membership payment obligation.
Financial Obligation. You are responsible for the completion of all payment plans associated with digital products & programs you purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.
Affirm: Any payments made through Affirm are not directly handled by SystemsUp®. Any questions about your payments to Affirm should be directed to their customer service team.
RealtyUp: RealtyUp is a product sold by the number of licenses. Upon purchase, you agree that the number of licenses requested are representative of the number of ClickUp users on your team. In the event of a breach of agreement due to dishonesty, we may terminate our digital products & programs. In order to resume use of the digital products & programs, you must re-subscribe for the digital products & programs and pay all applicable fees for the digital products & programs as a result of the breach of agreement.
Upon purchase, you agree to submit an export of your ClickUp Members to us on a bi-annually basis. Requests for export will be made via email from SystemsUp® every 6 months after your purchase of the product. Failure to provide the information requested is a breach of agreement which gives us the right to terminate your access to the product. In order to resume use of the product, you must re-subscribe for the product and pay all applicable fees for the product as a result of the breach of agreement. If the number of your ClickUp members decreases at any time, there will be no refunds are chargebacks for the decrease in number.
REFUND AND RETURN POLICY
Due to the digital nature of our digital products & programs, we DO NOT offer any refund or returns for any digital products & programs sold on our website for any reason. Please note: If you opted for a payment plan, you are required by law to complete your payment plan. We reserve the right to seek recovery of any monies remaining unpaid via our collection agency. Payments made for the digital products & programs may not be applied or transferred towards any other Company services, digital products, and/or programs. If you have any questions about our refund and return policy, please send an email to support@wearesystemsup.com and we will be happy to assist you.
DISCLAIMER
The materials on Owners' Website and ThriveCart are provided on an 'as is' basis. Owner makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Owner does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
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 and this web site are at your own risk.
We reserve the right to discontinue or modify without notice or liability, any portion of this website or membership site at any time.
No Guarantees. Company cannot guarantee the outcome of business growth, wealth, financial success, or improved lifestyle of Client. Company makes no guarantees. Client acknowledges that Company cannot guarantee any results for improved influence or business growth in any capacity as such outcomes are based on subjective factors that cannot be controlled by Company. The Digital Products & Programs and Company’s comments about the outcome are expressions of opinion only.
INTELLECTUAL PROPERTY
Client agrees that all ideas, inventions, trade secrets, confidential and/or proprietary information, and work-product conceived, created or developed by the Company, will be the sole and exclusive property of the Company. There shall be no transfer of intellectual property through this Agreement.
All copyrights, patents, trademarks, or other intellectual property shall stay with the Company owner.
During this Agreement, the Company may create certain intellectual property ("Created IP"), including, but not limited to, ideas, plans, drawings, specifications, reports, advice, analyses, workflows, videos, designs, methodologies, code, artwork, proposals, pitches, or any other intellectual property as required to render Digital Products & Programs to the Client. Unless the Parties otherwise agree in writing, any such Created IP generated by the Company in connection with the provision of Digital Products & Programs to the Client shall belong to the Company. Client does not have permission to use, reproduce, resell, distribute or create derivative works based on the Created IP.
LIMITATIONS
In no event shall Owner or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Owner's Website, even if Courtney Lazar's or an Owner’s authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
ACCURACY OF MATERIALS
The materials appearing on Owner’s Website could include technical, typographical, or photographic errors. Courtney Lazar and Owner do not warrant that any of the materials on its website are accurate, complete or current. Owner may make changes to the materials contained on its website at any time without notice. However, Owner does not make any commitment to update the materials.
LINKS
Owner has not reviewed all of the sites linked to the Website or ThriveCart and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Owner of the site. Use of any such linked website is at the user's own risk.
MODIFICATIONS
Owner may revise these terms of service for the Website at any time without notice. By using this Website you are agreeing to be bound by the then current version of these terms of service.
CONTACTING US
You may contact us at any time via email by emailing support@wearesystemsup.com
SEVERABILITY
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Owner with respect to this Website and supersedes all prior or contemporaneous communications between you and Owner with respect to this Website. 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.
GOVERNING LAW
These terms and conditions are governed by and construed in accordance with the laws of the State of Florida and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location. You hereby consent to binding arbitration in the State of Florida to resolve any disputes arising under this Terms and Conditions.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION 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.
Last Updated: June 2024