Terms of Use

These Terms of Use (the "Terms") govern your access to and use of the website at bybrandforge.com, the Brand Forge community at skool.com/brandforge, any free content distributed by the Company (including emails, downloadable resources, lead magnets, social-media content, podcasts, and videos), and any other online property of ThrillKicker Entertainment LLC d/b/a Brand Forge ("Company," "we," "us," or "our") that links to or references these Terms (collectively, the "Site").

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

Paid Programs are governed by a separate Master Coaching Services Agreement and applicable Schedule. In the event of any conflict between these Terms and the Master Coaching Services Agreement with respect to a paid Program, the Master Coaching Services Agreement shall control.

The Site is intended for use by individuals at least eighteen (18) years of age. By using the Site, you represent and warrant that you are at least 18 and have full legal capacity to accept these Terms.

Some features of the Site (including the Brand Forge community on Skool, free training opt-ins, and Program enrollment) require you to provide information or create an account. You agree to:

• provide accurate, current, and complete information;
• keep your account credentials confidential and secure;
• notify us immediately of any unauthorized use;
• be responsible for all activity that occurs under your account.

Subject to these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal or internal business use only.

You agree not to:

• use the Site for any unlawful purpose or in violation of any applicable law or regulation;
• copy, distribute, sublicense, sell, repackage, or create derivative works from any Company intellectual property without prior written consent (see Section 7);
• scrape, crawl, harvest, or otherwise extract data from the Site by automated means without our prior written consent;
• interfere with, disrupt, or attempt to gain unauthorized access to the Site, our systems, or other users' accounts;
• upload or distribute viruses, malware, or other harmful code;
• use the Site to harass, threaten, defame, or otherwise harm the Company, its representatives, or other users;
• post, share, or transmit any content that is unlawful, harassing, threatening, defamatory, obscene, infringing, or otherwise objectionable;
• misrepresent your identity or affiliation;
• solicit other Brand Forge community members for unrelated commercial purposes (e.g., recruiting, MLM pitches, unauthorized advertising);
• circumvent any access controls or technical protections.

In addition to the prohibited conduct above, members of the Brand Forge community on Skool agree to:

• treat other members with respect, candor, and good faith;
• maintain confidentiality of other members' Confidential Information shared in the community;
• contribute constructively (questions, wins, useful answers) and avoid drive-by self-promotion;
• comply with Skool's own terms and community guidelines;
• respect intellectual-property rights of other members and third parties.

The Company may, in its reasonable discretion, remove content, suspend access, or terminate community membership for material violations of these guidelines, with or without notice.

7.1 Company IP

All content on the Site, including text, graphics, logos, frameworks (including The Forge Method), curriculum, written materials, recordings, templates, scripts, and software, is owned by or licensed to the Company and is protected by U.S. and international copyright, trademark, and other intellectual-property laws (collectively, "Company IP").

You may not copy, distribute, sublicense, sell, repackage, publicly post, or create derivative works from Company IP without our prior written consent. The license in Section 4 does not include any right to use Company IP for commercial purposes outside your personal or internal-business use.

7.2 Trademarks

"Brand Forge," "The Forge," "Forge Week," "The Forge Method," and related logos and marks are trademarks of the Company. You may not use Company trademarks without prior written consent.

7.3 User Content

You retain ownership of content you submit, post, or share on the Site ("User Content"). By submitting, posting, or sharing User Content on the Site, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and create derivative works of the User Content solely in connection with operating, providing, and promoting the Site and the Programs. The Company will not publicly publish your User Content as a testimonial without your separate consent under the Testimonial and Likeness Release.

7.4 Feedback

If you submit suggestions, ideas, feedback, or recommendations regarding the Site or any Program, you grant the Company an irrevocable, perpetual, worldwide, royalty-free license to use, modify, and incorporate such feedback without obligation or compensation.

The Company makes certain free content available, including free emails, blog posts, social-media content, and the no-cost portion of the Brand Forge community.

• Free content is provided for informational and educational purposes only;
• Free content does not create a coach-client relationship and is not personalized advice;
• Free content is provided "as is" without warranty of any kind;
• The Company may modify, suspend, or discontinue free content at any time.

Any reference to revenue, business outcomes, audience growth, or other results on the Site is illustrative and not a guarantee of similar or any results. The Company's standalone Brand Forge Earnings and Results Disclaimer is incorporated by reference and applies to the Site and all Programs. By using the Site, you acknowledge and agree to the Earnings and Results Disclaimer.

Site content is for educational and informational purposes only and does not constitute medical, mental-health, legal, tax, accounting, or financial advice. The Company is not licensed in any of these professions. Consult a qualified licensed professional in the relevant jurisdiction before making decisions in these areas.

The Site may include links to or integrations with third-party services, including Skool, Stripe, GoHighLevel, Zoom, Voxer, Calendly, Google Workspace, LinkedIn, and others. The Company is not responsible for the practices, content, or policies of those third parties. Your use of third-party services is governed by their respective terms and privacy policies.

Your use of the Site is also governed by the Company's Privacy Policy, available at bybrandforge.com, which is incorporated by reference into these Terms.

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THE SITE; AND (B) THE COMPANY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU HAVE PAID THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (ii) ONE HUNDRED U.S. DOLLARS ($100).

You shall indemnify, defend, and hold harmless the Company and its members, managers, officers, employees, contractors, and agents from any claim, damage, loss, liability, cost, or expense (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms; (b) your User Content; (c) your use of the Site; or (d) your violation of any applicable law or third-party right.

The Company may suspend or terminate your access to the Site at any time, with or without cause and with or without notice. You may stop using the Site at any time. The provisions that by their nature should survive termination (including Sections 5, 7, 9, 10, 13 through 20) shall survive termination.

These Terms are governed by Wisconsin law, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Site shall be resolved through the dispute-resolution process set forth in Section 21 of the Master Coaching Services Agreement (informal negotiation, then mediation, then AAA arbitration in Dane County, Wisconsin), with the same carve-outs for small-claims court and injunctive relief. To the extent any dispute is brought in court, the parties consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Dane County, Wisconsin.

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

The Company may update these Terms from time to time. The updated version will be indicated by an updated "Last Updated" date and posted at bybrandforge.com. Material changes will be communicated through the Site or by email. Your continued use of the Site after the effective date of an update constitutes acceptance of the updated Terms.

• Entire Agreement. These Terms, together with the Privacy Policy and (for paid Programs) the Master Coaching Services Agreement and applicable Schedule, constitute the entire agreement between you and the Company regarding the Site.
• Severability. If any provision is held invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in effect.
• Waiver. Our failure to enforce any right is not a waiver of that right.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Notices to the Company. Notices may be sent to travis@bybrandforge.com.

ThrillKicker Entertainment LLC d/b/a Brand Forge
Email: travis@bybrandforge.com
Website: bybrandforge.com
Community: skool.com/brandforge