F.R.A.PLegal Center

Terms of Service

Last Updated on October 2, 2026Version 5.1

1. Who We Are and What These Terms Cover

Please read these Terms of Service carefully before you use our websites or software, or buy anything from us. They include a disclaimer of results (Section 11), disclaimers of warranties (Section 16), limits on our liability (Section 17), and an agreement to resolve disputes by binding individual arbitration with a waiver of class actions and jury trials (Section 18). You can opt out of arbitration within 30 days (Section 18.4).

1.1 Who we are

These Terms of Service (the “Terms”) are a binding agreement between you, and the business you act for if you use our Services for a business, and Honor and Fire LLC, a Michigan limited liability company with its principal place of business at 5101 East University Drive, Denton, Texas 76208 (“Honor and Fire,” “we,” “us,” or “our”).

1.2 What these Terms cover

These Terms govern your access to and use of the following websites and software, the content and tools on them, and any order you place through them or by telephone or another method we accept (together, the “Services”):

  • warplan.com, including the pages and funnels served under it
  • getfrap.com
  • frapchapters.com
  • honorandfire.com
  • profitacademy.app and its subdomains, including revenue.profitacademy.app
  • getprofitacademy.com
  • newprofit.warplan.com
  • any other website or page of ours that links to these Terms

1.3 The agreement

These Terms, together with our Privacy Policy, which is incorporated by reference, form the agreement between you and us (the “Agreement”). By visiting, using, registering for, subscribing to, or placing an order through the Services, you agree to the Agreement. If you do not agree to all of it, do not use the Services. Please print or save a copy for your records.

1.4 How these Terms fit with your other agreements with us

Some of our programs come with their own written agreement that you accept separately, usually by checking a box. These include the FRAP License Agreement, the FRAP Chapter Agreement, the Affiliate Program Agreement, and any release you give us for testimonials or likeness. We call these “Program Agreements.”

If a Program Agreement conflicts with these Terms, the Program Agreement controls for the subject matter it covers. That includes its own fees, term, renewal, cancellation, refund, license, confidentiality, liability, and dispute resolution provisions. Where a Program Agreement contains its own dispute resolution provision, that provision governs disputes arising under it. Otherwise these Terms apply alongside it.

Likewise, the price, renewal, cancellation, and refund terms shown to you at checkout for a particular product, and the consent disclosures shown to you when you give us your phone number, form part of the Agreement for that product or that consent, and control over anything more general in these Terms.

2. Website Use

The Services are intended for adults. Our programs are designed for people who own or run a business, or want to. By using the Services you confirm that you are at least 18 years old, or the age of majority where you live if that is higher, that you have the legal capacity to enter into a binding contract with us, and that you have read and agree to these Terms. If you use the Services for a business, you confirm that you have authority to bind that business.

Do not use the Services if you are under 18.

We may change, suspend, or discontinue any part of the Services at any time. We may restrict or end your access to the Services, in whole or in part, if we reasonably believe you have violated these Terms or that your use creates risk or legal exposure for us or others.

3. User Conduct and License Terms

3.1 Our intellectual property

All parts of the Services are protected by United States and international copyright, trademark, and other intellectual property laws, including the text, graphics, logos, images, video, audio, software, page design, testimonials, case studies, downloads, and the F.R.A.P. system and methodology. “Honor and Fire,” “F.R.A.P.,” “WarPlan,” “Profit Academy,” and our logos are our trademarks or service marks. Nothing in these Terms gives you the right to use, copy, register as a domain name, or display any of our marks, content, or confidential information, except in accurate references to us that do not suggest our endorsement.

3.2 Your license to use the websites

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to view and use the publicly available content of our websites for your own personal or internal business reference. You may not use that content to build, teach, market, or deliver a competing training, coaching, or certification program. This license ends automatically if you breach these Terms. You do not acquire any ownership rights in our content.

3.3 Your license to use Profit Academy and paid materials

If you buy a Profit Academy membership, or are given a Profit Academy seat, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use the Profit Academy software and its content during your membership, for your own business. You agree that: (1) the software and its content are our copyrighted material, or our licensors’; (2) you do not acquire any ownership rights in them; (3) you may not modify, publish, transmit, sell, or create derivative works from them; (4) except as copyright law expressly allows, you may not copy, redistribute, publish, display, or commercially exploit any material from them without our written permission; and (5) you may not remove any author attribution, trademark, or copyright notice.

Any license to FRAP program materials, the FRAP marks, or the FRAP methodology for use with your own clients is granted by the FRAP License Agreement, not by these Terms.

3.4 What you may not do

You agree not to use the Services, alone or with other software or hardware, in any unlawful way or in a way that harms us or anyone else. In particular, you agree not to engage in:

  • Harmful or prohibited acts. Any dishonest or unethical business practice; any violation of law; harming our reputation; hacking or other attacks on the Services; scraping, crawling, harvesting, or using automated means to copy content or data from the Services, except standard search engine indexing; introducing viruses or other malicious code; interfering with the security or operation of the Services; circumventing any access control, paywall, or rate limit; framing or mirroring the Services; using the Services to gather intelligence for, or to build, a competing offering; infringing anyone’s intellectual property; intercepting data; or impersonating anyone or misrepresenting your affiliation with anyone.
  • Spam and unsolicited communications. Using the Services to send spam or unsolicited commercial messages. If you use Profit Academy’s marketing, messaging, social posting, or direct mail features, it is your responsibility alone to make sure every message you send complies with the law, including anti-spam and telemarketing laws.
  • Offensive content. Posting or sending anything through the Services that is obscene, hateful, threatening, harassing, defamatory, discriminatory, misleading, or that encourages unlawful behavior.
  • Sensitive information. Uploading into Profit Academy, or into any contact list or record you keep there, Social Security numbers, government identification numbers, card numbers, passwords, bank login details, or health information. This does not restrict connecting a bank or credit account through the bank connection feature, which works as described in our Privacy Policy.
  • Illegal business activity. Promoting any illegal business activity or any infringement of another person’s rights.

If you use Profit Academy to send email or text messages, you also agree to: send marketing only to people who have opted in to receive it; include a working unsubscribe method in every marketing email; honor opt-out requests within 10 days or sooner if the law requires; keep and link to a privacy policy that meets the law; include your valid physical mailing address in every commercial email; not send to purchased, rented, or scraped lists; and not disguise who a message is from or what it is about.

We may investigate suspected violations, remove content, suspend or end access, and report suspected criminal activity to law enforcement.

3.5 Artificial intelligence features

Profit Academy includes artificial intelligence features. What you put into them and what they return to you are your “AI Content.” As between you and us, and to the extent the law allows, you own your input, and we assign to you whatever rights we have in the output generated in response to your input. You may use AI Content for any lawful purpose, including commercial purposes, so long as you comply with these Terms.

Because of how these systems work, output may not be unique, and other users may receive similar output. Artificial intelligence can be wrong. Output may be inaccurate, incomplete, or not suitable for your situation, and it is not professional advice. You are responsible for checking AI Content before you rely on it or publish it, and for making sure it does not violate the law or anyone’s rights. You may not use the features, or their output, to infringe anyone’s rights, to reverse engineer the underlying systems, to build a competing system, or to present machine-generated content as written by a person where that would mislead.

4. Our Privacy Policy and Your Personal Information

Your personal information is handled as described in our Privacy Policy, which is incorporated into the Agreement. We may update the Privacy Policy as it describes.

You have these choices about the personal information we collect and use:

  • Email. Use the unsubscribe link in any marketing email, or contact us at [email protected].
  • Text messages. Reply STOP to any text message to stop receiving them, or HELP for help. We may send one final message confirming you are unsubscribed. Opting out of text messages may affect our ability to send you some information, such as appointment reminders.
  • Calls. Tell the person calling you that you do not want marketing calls, or contact us.
  • Cookies and advertising. You can opt out of Google Analytics at tools.google.com/dlpage/gaoptout, and you can opt out of advertising sharing as described in Section 11 of our Privacy Policy. Our websites do not currently respond to browser privacy signals.

5. Information You Provide, Accounts, and Passwords

You agree that the information you give us is true and accurate, and that you are not impersonating anyone.

To use Profit Academy you need an account. You are responsible for keeping your password confidential, and you agree not to share, transfer, or lend your account or password to anyone else. A seat given to you by a chapter leader or by us is for you alone. You are responsible for all activity under your account. Tell us immediately at [email protected] if you believe someone has used your account without permission or your password has been compromised.

You are also responsible for keeping confidential any non-public information we share with you as a customer, member, affiliate, or chapter leader, such as our pricing, our business strategy, and information about other customers or members, unless a Program Agreement says otherwise.

6. Order Placement and Acceptance

When you order a product or service, payment, or the first payment of a payment plan, must be received before your order is accepted. An order confirmation does not by itself mean we have accepted your order. We may ask for more information if something required is missing or inaccurate, and we may decline, cancel, or limit an order, in which case we will refund anything you paid for that order.

Some programs, including FRAP certification and licensing, require an application or a call with our team before we accept an order, and some require you to accept a Program Agreement. Where that is the case, your order is not complete until those steps are done.

If you want to change or cancel a pending order, contact us immediately at [email protected]. We cannot guarantee that we will be able to make the change.

We may limit sales of any product to any person or place, case by case, at our discretion. All prices and payments are in U.S. dollars.

7. Refunds

Refund terms are different for different products. The refund policy that applies to a purchase is the one shown to you at checkout, or set out in the Program Agreement for that product, at the time you buy. That policy controls. Nothing in these Terms creates a refund right that the checkout terms or the Program Agreement do not give you, and nothing in these Terms takes away a refund right that they do give you, or that the law gives you.

If neither the checkout page nor your Program Agreement gives you a refund right, all sales are final and no refund is due, except where the law requires one.

To ask for a refund under the policy that applies to your purchase, email [email protected] with your name, the product, and the date of purchase.

8. Trials, Automatic Renewal, and Cancellation

Trials and introductory offers. Some products, including Profit Academy, may be offered with a trial or an introductory price, such as a first charge of $1, after which the regular price is charged on a recurring basis unless you cancel. The length of the trial, the introductory charge, the regular price, and when the regular charges begin are shown to you at checkout. Trials and introductory offers are for new customers only, unless the offer says otherwise.

Automatic renewal. Some products renew automatically, for example a monthly membership or a license that continues month to month after its first term. Where a product renews automatically, we will show you before you buy, clearly and near the place where you agree, that it renews, how often, the amount of each charge, and how to cancel, and we will ask for your agreement to those renewal terms. We will send you a receipt that includes the renewal price, how often you will be charged, and how to cancel. Before a trial converts to a paid charge, we send you a reminder.

Cancellation. You can cancel Profit Academy online at any time, inside the app. You may cancel any other renewing product by emailing [email protected] with your name and the product you want to cancel. Unless the terms shown at checkout or your Program Agreement say otherwise, your cancellation takes effect at the end of the billing period you have already paid for, and you keep access until then. Cancelling stops future charges. Whether any refund is due is governed by Section 7.

Programs with their own cancellation terms. The FRAP License Agreement and the FRAP Chapter Agreement have their own term, renewal, termination, and fee provisions, which control for those programs.

9. Subscription Terms and Automatic Payment

You are responsible for paying all amounts due for the products you buy, in accordance with these Terms, the checkout terms, and any Program Agreement. Your first payment is due when you place your order, or when your trial or introductory period ends if you have not cancelled. Not using a product does not relieve you of the obligation to pay for it.

Payment methods. You can pay by credit or debit card, and on some pages by PayPal. Payment details are collected by our payment processors, Stripe and PayPal, through their secure systems. You agree that we hold records of the transaction, including the card brand, the last four digits of the card, and when payments are due.

Recurring payments. For renewing products and payment plans, you authorize us and our payment processors to charge the payment method you gave us on each due date, for the amount shown at checkout or in your Program Agreement, until you cancel as described in Section 8 or the payment plan is complete. If a payment fails, we may try the charge again and may contact you for updated payment details.

Non-payment. If a payment is not made when due, we may suspend or end your access to the product it relates to, with or without notice. Suspension or termination does not cancel what you already owe. If we have to take steps to collect overdue amounts, you are responsible for reasonable collection costs where the law allows.

Taxes. Prices do not include taxes unless stated. We may charge any sales, use, or similar tax that applies.

10. Products, Services, and Prices

The products and services we offer include:

  • FRAP certification, which trains and evaluates you in the F.R.A.P. system;
  • FRAP licensing and chapters, which allow certified practitioners to use the F.R.A.P. marks and methodology and to run a FRAP chapter, under the FRAP License Agreement and the FRAP Chapter Agreement;
  • Profit Academy, a membership that includes our software, training content, and tools for business owners;
  • the Hidden Profit Assessment and other free assessments and tools; and
  • webinars, workshops, and events, some of which offer paid upgrades.

Products, services, and prices are described on the relevant page of our websites or at checkout, and may change. We may discontinue a product, or change its features or price, at any time, without obligation to you, except as a Program Agreement or the checkout terms for a purchase you have already made provide otherwise. If we change the price of a recurring charge you are already paying, we will give you notice before the new price takes effect, and you may cancel before it does. The notice period is the one in your Program Agreement or, if none is stated, at least 30 days.

If a program includes an in-person event, travel and lodging are your responsibility unless the offer says otherwise.

We try to describe our products and display prices accurately, but we do not warrant that every description is complete, current, or free of errors. If a price we showed was wrong, we may contact you for instructions or cancel your order and tell you, and we will refund anything you paid for it. References to products or services that are not ours are not an endorsement or a warranty.

11. Disclaimer: Your Business’s Individual Results Will Vary

We do not promise, guarantee, or warrant your business’s success, income, revenue, profit, or sales.

Every business is different. Businesses use different strategies and structures, and sell different products and services in different markets. YOUR BUSINESS’S INDIVIDUAL RESULTS WILL VARY DEPENDING ON MANY FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING YOUR MARKET, YOUR EXISTING BUSINESS, YOUR CAPITAL, YOUR SKILL, YOUR EFFORT, THE TIME YOU INVEST, AND GENERAL ECONOMIC CONDITIONS, MANY OF WHICH WE DO NOT CONTROL.

Our websites, webinars, and sales materials describe methods and systems we teach, and may present case studies, testimonials, examples, and statements of results achieved by specific people. Those results are not typical, they are not an average, and they are not a promise or projection of what you will earn. Many participants do not achieve results like the examples shown. Some earn nothing. You may not earn back what you invest, and you may lose money.

The scores, estimates, and projections produced by the Hidden Profit Assessment, by Profit Academy, and by any report we prepare for you are illustrative estimates based on the information you gave. They are not a promise or guarantee of any result.

FRAP certification shows that you completed our program and were evaluated under it. It is not a government license or credential, and it does not guarantee clients, revenue, or business success. We do not guarantee that we will provide you with leads, clients, or referrals unless a Program Agreement expressly says so.

We do not sell a “get rich quick” program or a guaranteed system. We do not sell franchises, and none of our programs is a multi-level marketing program. You should buy our products with the understanding that using what you learn takes time and effort, and may work in some situations and not others.

We do not provide legal, accounting, tax, financial, investment, or other professional advice. Nothing in the Services is a substitute for advice from a qualified professional who knows your circumstances. You are solely responsible for your business decisions and their results.

12. Your Responsibilities in Running Your Business

You agree that you and your business will use the Services only for lawful purposes. You are solely responsible for complying with all laws and regulations that apply to your business, including laws on advertising and marketing claims, earnings claims, consumer protection, subscriptions and refunds, privacy, email and text messaging, telemarketing, and taxes. You are solely responsible for collecting and reporting any taxes that apply to your own sales. We are not responsible for your violation of any law.

If you use what you learn from us, or the Profit Academy tools, with your own customers, you are responsible for your relationship with them, including what you promise them.

13. Affiliates, Chapter Leaders, and Referral Partners

We may offer you the opportunity to join our affiliate program or to become a FRAP chapter leader. Those relationships are governed by the Affiliate Program Agreement, or by the FRAP License Agreement and FRAP Chapter Agreement, which you accept separately and which control for their subject matter as described in Section 1.4. These Terms also apply to you in those roles, except where your Program Agreement says otherwise.

Affiliates, chapter leaders, and referral partners are independent parties. They are not our employees, agents, or representatives, and they have no authority to make commitments, promises, or representations on our behalf. We are not responsible for their statements, their conduct, or the services they provide. Any relationship you form with one of them is governed by your agreement with them.

If you buy through an affiliate’s link or code, or are referred by a chapter leader, the affiliate or chapter leader will be credited with the referral, and the affiliate who referred you will receive your name and email address, as described in our Privacy Policy.

14. Testimonials, Feedback, and Other Information You Submit

Feedback. We welcome comments about our programs and products. If you send us a question, comment, suggestion, or idea, you agree that it is not confidential, and that we may use it for any purpose without obligation or payment to you.

Content you submit through the Services. If you submit content through the Services, such as a comment, review, or message, you keep ownership of it, and you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, format, and display it for the purpose of running the Services and responding to you. You confirm that you have the right to submit it. We are not required to publish or keep anything you submit.

Testimonials, photographs, and video. Permission to use your testimonial, name, image, likeness, voice, or story in our marketing is collected separately, at the time we collect the material, and is governed by the release you sign or accept then. Testimonials reflect the experience of the person who gave them and do not necessarily reflect the experience you will have. See Section 11. Where a person who gives a testimonial has received a free or discounted program, payment, or another benefit, or has another material connection with us, we disclose it alongside the testimonial.

Your right to review us. Nothing in these Terms restricts your ability to publish an honest review, assessment, or opinion about us, our programs, or your experience, and we will not penalize you for doing so. This does not permit content that is defamatory, discloses another person’s private information, or violates Section 3.4.

Text messages. Consent to receive text messages from us is given at the point you give us your mobile number, under the disclosure shown there, and is not a condition of any purchase. You can withdraw it at any time by replying STOP. Message and data rates may apply.

15. Compliance With the Law

As a customer, member, affiliate, or chapter leader, you must comply with all applicable laws, both in the United States and elsewhere. These include laws against deceptive and misleading advertising and marketing, email marketing laws including the federal CAN-SPAM Act, privacy and data protection laws, telemarketing and text messaging laws including the federal Telephone Consumer Protection Act and the Federal Trade Commission’s Telemarketing Sales Rule, and the rules on endorsements and testimonials, including the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising.

If you use any messaging tool, whether one we provide in Profit Academy or one of your own, you agree to follow the law when sending messages, and you agree to indemnify us as described in Section 20 for claims arising from your use of it. We do not control, and are not responsible for, third-party platforms and software, including social media platforms and messaging apps, and we do not warrant that our tools will work with them.

16. Disclaimers of Warranties

EXCEPT WHERE THE LAW DOES NOT ALLOW IT:

THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY ABOUT THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF ANY CONTENT. WE DO NOT WARRANT THAT: (A) THE SERVICES OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR FREE, OR WILL WORK WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA, INCLUDING ACCOUNT INFORMATION RECEIVED FROM A CONNECTED BANK OR THIRD-PARTY ACCOUNT, WILL BE ACCURATE OR COMPLETE; (D) ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

This Section does not limit any express warranty or commitment in a Program Agreement. Some places do not allow the exclusion of certain warranties. Where that is the case, these exclusions apply to the fullest extent allowed.

17. Limitation of Liability

EXCEPT WHERE THE LAW DOES NOT ALLOW IT, NEITHER HONOR AND FIRE NOR ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, OR GOODWILL, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR ANY OTHER THEORY, AND EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE.

OUR TOTAL LIABILITY TO YOU AND YOUR BUSINESS ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES WILL NOT EXCEED THREE TIMES THE AMOUNT YOU PAID US UNDER THESE TERMS IN THE MONTH BEFORE THE EVENT GIVING RISE TO THE CLAIM.

This Section applies to these Terms only. Liability under a Program Agreement is governed by that agreement.

These limits do not apply to liability that cannot be limited under applicable law, including liability for fraud, or for death or personal injury caused by negligence. Some places do not allow certain limits, and where that is the case our liability is limited to the fullest extent allowed.

18. Dispute Resolution by Binding Arbitration and Class Action Waiver

Please read this Section carefully. It affects your legal rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court, and must follow these Terms as a court would.

This Section governs disputes arising out of or relating to these Terms, the Privacy Policy, or the Services. Disputes arising under a Program Agreement are governed by that agreement’s own dispute resolution provision.

18.1 Informal resolution first

Before starting arbitration, you agree to try to resolve the dispute informally. Send written notice to [email protected] describing the dispute and the relief you want. We will do the same if we have a dispute with you. If the dispute is not resolved within 60 days after the notice is received, either party may begin arbitration. This step does not apply to claims in small claims court under Section 18.5 or to requests for injunctive relief under Section 19.

18.2 Agreement to arbitrate

Except as stated in Sections 18.4, 18.5, and 19, any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Services, or any purchase you make under these Terms will be resolved by binding individual arbitration, and not in court. This includes disputes about the formation, interpretation, scope, enforceability, or breach of these Terms or of this Section, and it applies to claims we have against you as well as claims you have against us. It survives the end of your use of the Services and of any account or relationship with us.

Arbitration will be administered by the American Arbitration Association (“AAA”) before a single neutral arbitrator, under the AAA’s Consumer Arbitration Rules where the AAA determines they apply, and otherwise under its Commercial Arbitration Rules, in each case as in effect when the demand is filed. The rules are available at adr.org. The seat of arbitration is Denton, Texas. Where the AAA rules allow, you may choose to take part by telephone or video, or to have the arbitration decided on written submissions.

The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this Section, and to decide whether a dispute must be arbitrated. The award is final and binding, and judgment on it may be entered in any court with jurisdiction. The Federal Arbitration Act governs this Section.

18.3 Class action waiver and jury waiver

YOU AND HONOR AND FIRE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.

YOU AND HONOR AND FIRE WAIVE ANY RIGHT TO A JURY TRIAL.

If the class action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and decided by a court under Section 25, after the arbitration of the remaining claims is complete, and the remaining claims will proceed in arbitration.

18.4 Your right to opt out of arbitration

You may opt out of Sections 18.2 and 18.3 by sending written notice within 30 days of the date you first use the Services or first accept these Terms, whichever is earlier, after these Terms take effect. Send it to [email protected] with the subject line “Arbitration Opt-Out,” and include your name, your email address, and a statement that you are opting out.

Opting out has no other effect on these Terms or on your use of the Services. If you opt out, disputes are resolved under Section 25.

18.5 Small claims

Either party may bring an individual claim in small claims court instead of arbitration, so long as the claim stays in that court and is brought on an individual basis.

18.6 Costs

Payment of AAA filing, administration, and arbitrator fees is governed by the applicable AAA rules, and we will pay the share those rules require us to pay. Otherwise each party pays its own fees and costs, including attorneys’ fees, unless the arbitrator awards them under applicable law.

18.7 Changes to this Section

If we materially change this Section 18, the change does not apply to any dispute of which we had actual notice before the change took effect, and you may reject the change by notifying us within 30 days, as described in Section 18.4.

You understand that without this Section you would have had the right to go to court, to have a judge or jury decide your case, and to take part in a class or representative action. By agreeing to these Terms, you agree instead to have claims decided individually through binding arbitration as set out in this Section, unless you opt out under Section 18.4.

19. Our Additional Remedies

To prevent or limit irreparable harm, if you breach or threaten to breach these Terms, or infringe or threaten to infringe our intellectual property or a third party’s, either party may seek a temporary restraining order, a preliminary or permanent injunction, or other equitable relief from a court of competent jurisdiction, without first going through Section 18.1 or 18.2. You agree to the personal jurisdiction of, and venue in, the state and federal courts located in Denton County, Texas for those claims.

20. Indemnification

You agree to indemnify, defend, and hold harmless Honor and Fire and its owners, officers, employees, contractors, and agents from and against any third-party claims, and the resulting losses, liabilities, damages, and reasonable costs and attorneys’ fees, arising out of or relating to: (1) your misuse of the Services; (2) content or information you submit through the Services, including messages you send using Profit Academy; (3) your breach of these Terms; or (4) your violation of any law or of anyone else’s rights.

This indemnity does not apply to the extent a claim arises from our own gross negligence, willful misconduct, or breach of these Terms. We will tell you about any claim for which we seek indemnity, and you may not settle a claim in a way that imposes an obligation or admission on us without our written consent. Indemnification under a Program Agreement is governed by that agreement.

If you believe content on the Services infringes a copyright you own, you or your agent may send a notice under the Digital Millennium Copyright Act to our designated agent:

Copyright Agent
Honor and Fire LLC
5101 East University Drive, Denton, Texas 76208
[email protected]

Your notice must include: your physical or electronic signature; identification of the copyrighted work claimed to be infringed; identification of the material claimed to be infringing and where it is located on the Services; your contact information; a statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act for the copyright owner.

If you believe material you posted was removed by mistake, you may send a counter-notice to the same address. We will respond to valid notices and counter-notices, and we may remove material and end access for repeat infringers.

The Services link to, and work with, websites, platforms, and services run by other companies, including our payment processors and, if you connect a bank or credit account in Profit Academy, Plaid. We do not control them, we do not endorse them, and we are not responsible for their content, products, practices, availability, or the accuracy of the information they provide. Your use of them is governed by their own terms and privacy policies, and your dealings with them are between you and them. See our Privacy Policy for more.

23. When This Agreement Starts and Ends

The Agreement takes effect when you first visit or use the Services, or, if earlier, when you click “Submit,” “Register,” “Book,” “Buy Now,” “Pay Now,” “I Agree,” or a similar button, submit information through the Services, or enter payment information.

You may stop using the Services at any time, and you may cancel a renewing product as described in Section 8. If you fail to comply, or we reasonably believe you have failed to comply, with the Agreement or the law, we may end the Agreement or suspend or end your access to the Services, including any account, at any time. Where the law or a Program Agreement requires notice before we do so, we will give it. Ending the Agreement does not relieve you of any payment you already owe.

Sections 3.1, 3.5, 5, 7, 9, 11, 12, and 14 through 32, and any other terms that by their nature should continue, survive the end of the Agreement or of your account.

24. No Waiver

If we fail or delay in exercising any right or remedy under the Agreement, that is not a waiver of it, and exercising a right once, or in part, does not prevent us exercising it again. A waiver is effective only if it is in writing and signed by us.

25. Governing Law and Venue

The Agreement, and any dispute arising out of or relating to it or to the Services, is governed by the laws of the State of Texas, without regard to its conflict of laws rules, and by the Federal Arbitration Act as to Section 18.

For any dispute that is not subject to arbitration, including where you have opted out under Section 18.4, and for any action to enforce an arbitration award, you and Honor and Fire agree to the exclusive jurisdiction of the state and federal courts located in Denton County, Texas, and waive any objection to venue or inconvenient forum. Any such claim must be brought on an individual basis and not as a class or representative action, to the extent the law allows.

Nothing in this Section deprives you of the protection of mandatory consumer protection laws of the place where you live.

26. Force Majeure

We are not responsible for any delay or failure to perform caused by events beyond our reasonable control, such as natural disasters, epidemics, war, government action, or failures of the Internet, utilities, or third-party service providers. This does not excuse any payment you owe.

27. Assignment

We may assign our rights under the Agreement, including in a merger, acquisition, financing, or sale of assets. You may not assign your rights under the Agreement without our written consent.

28. Electronic Communications and Signature

When you use the Services or email us, you are communicating with us electronically. You agree that we may communicate with you electronically, and that agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. When you accept these Terms or a Program Agreement by clicking a button or checking a box, that is your electronic signature and has the same effect as a handwritten one.

This Section is not consent to marketing. Consent to marketing emails, text messages, and calls is given separately, as described in Section 14 and in our Privacy Policy.

29. Changes to These Terms

You can read the current version of these Terms at any time on our websites. We may update them. When we do, we will change the Last Updated date and the version number and post the updated Terms. Material changes take effect 30 days after we post them. For customers and Profit Academy members we will also send notice of a material change by email or inside the product. Changes do not apply retroactively, and do not apply to a dispute that arose before the change took effect. If you keep using the Services after a change takes effect, you accept the updated Terms. If you do not accept them, stop using the Services and cancel any renewing product.

A change to these Terms does not change a Program Agreement. Program Agreements are changed only as they provide.

We keep prior versions available so you can see what was in force on a given date.

30. Your Additional Representations

You also represent that: (1) you are at least 18 years old, or the age of majority where you live if that is higher; (2) if you act for a business, you own or run it or are authorized to bind it; (3) you have read and understand the Agreement and agree to it; and (4) you will not resell or redistribute any product or service you buy from us, unless a Program Agreement permits it.

You agree that we may rely on the information you give us, and that we may contact you by email, telephone, or postal mail about your account, your orders, orders you started but did not finish, and satisfaction surveys, subject to the consents you have given and your right to opt out described in Section 4.

31. Severability

If any provision of the Agreement is found by an arbitrator or a court to be invalid or unenforceable, it will be modified to the minimum extent needed to make it enforceable, or severed if it cannot be, and the rest of the Agreement stays in full effect. Section 18.3 is governed by its own severability rule.

32. Entire Agreement

These Terms, the Privacy Policy, the checkout terms for any purchase, and any consent you give at the point of collection are the entire agreement between you and us about the Services, and supersede all prior versions of our website terms and any prior understandings about the same subject. They do not supersede, and are not superseded by, any Program Agreement, which stands on its own as described in Section 1.4. New features and services we add are also subject to the Agreement. Headings are for convenience only. The English language version of these Terms controls over any translation.

33. Contacting Us

We welcome questions and comments about our programs and products.

Email: [email protected]
Mail: Honor and Fire LLC, 5101 East University Drive, Denton, Texas 76208

Legal notices, arbitration opt-outs, privacy requests, and copyright notices go to the same addresses. We may give you notice by posting it on our websites, by email, or by postal mail.

If you need these Terms or any other legal document in an alternative accessible format, contact us and we will provide it at no additional cost.