Effective Date: July 7, 2025

These Terms & Conditions (the “Terms”) form a legally binding agreement between you (the “User,” “you,” or “your”) and PowerShift Business Solutions (“PowerShift,” “we,” “us,” or “our”). By clicking “I Agree,” checking a box, signing an order form, or otherwise accessing or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any additional terms referenced herein (collectively, the “Agreement”).

1. Eligibility & Acceptance

1.1 Age Requirement. You must be at least 18 years old (or the age of majority where you reside) to use the Services. If you are under the age of majority, you may use the Services only with the consent of your parent or legal guardian, who is deemed the contracting party.

1.2 Changes to Terms. We may modify these Terms at any time. We will provide at least 30 days’ notice of material changes via email and/or a prominent notice on our website. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.

2. Definitions

• “Services” means all workshops, webinars, group coaching, one‑on‑one consulting, digital products, online courses, community spaces, faith‑based and nonprofit training initiatives, and any other content or deliverables we provide, including through third‑party platforms such as Zoom®, Make.com, or similar.
• “Content” means any text, graphics, videos, slide decks, frameworks, AI prompts, software code, templates, and other materials made available by PowerShift.
• “User Content” means any content submitted, posted, or otherwise provided by you in connection with the Services.

3. Services & Availability

3.1 We reserve the right to modify, suspend, or discontinue any Service at any time without liability.

3.2 We may rely on third‑party service providers and are not liable for their outages or acts.

4. Payment, Taxes & Refunds

4.1 Fees. All fees are stated in U.S. Dollars (USD) unless otherwise noted. Payment is due at the time of purchase unless an alternate schedule is specified in a signed order form.

4.2 Accepted Methods. We accept Stripe®, PayPal®, and major credit cards.

4.3 Taxes. You are responsible for any applicable sales, use, value‑added, or similar taxes, except taxes based on our net income.

4.4 Refund Policy. You may cancel and request a refund (i) within seven (7) days of purchase for in-person  and (ii) at least seventy‑two (72) hours before a virtual session begins. No refunds are given for no‑shows, partially attended sessions, or digital product downloads. To request a refund, email hello@powershiftbusinesssolutions.com with your order number and/or registration information.

4.5 Chargebacks & Late Payments. You agree to reimburse us for any chargeback fees, collection costs, or attorney fees arising from your non‑payment or improper chargeback.

5. Scheduling, Cancellations & No‑Shows

5.1 You may reschedule a coaching or consulting session once, provided you give at least twenty‑four (24) hours’ written notice.

5.2 Late arrivals of fifteen (15) minutes or more may be treated as a no‑show.

5.3 We may substitute facilitators or reschedule sessions for illness, low enrollment, or technical issues. If we cancel a session without offering a substitute, you may receive either a rescheduled date or a full refund, at your option.

6. Intellectual Property & License

6.1 Ownership. All Content is owned by PowerShift or its licensors and is protected by U.S. and international copyright, trademark, and other laws. “PowerShift Business Solutions™” and associated logos are our trademarks.

6.2 Limited License. We grant you a non‑exclusive, non‑transferable, revocable licence to access and use the Content for your internal business or personal development only. You may not reproduce, resell, distribute, or create derivative works without our prior written consent.

6.3 Prohibited Uses. You must not remove proprietary notices, reverse engineer code, or share Content in public forums without permission.

7. User Content & DMCA

7.1 By submitting User Content, you grant PowerShift a worldwide, royalty‑free, sublicensable licence to host, use, reproduce, modify, publish, and display such content for the purpose of operating and improving the Services.

7.2 You represent that you own or have the necessary rights to submit User Content and that it does not infringe any third‑party rights.

7.3 We respond to copyright notices under the Digital Millennium Copyright Act (17 U.S.C. § 512). DMCA notices should be sent to hello@powershiftbusinesssolutions.com.

8. AI & Professional Disclaimer

8.1 The Services incorporate artificial‑intelligence (AI) tools (e.g., ChatGPT, automation scripts). AI output is provided “AS IS” for informational purposes only and should not be relied on as legal, financial, medical, or other professional advice. Always consult a qualified professional before acting on any AI‑generated content.

9. Code of Conduct

You agree to:

• Treat facilitators and participants with respect;
• Not share obscene, discriminatory, or harmful content;
• Not misuse AI tools or disclose proprietary Content outside permitted contexts.

Violation may result in warnings, suspension, or termination without refund.

10. Privacy & Data Protection

10.1 Our Privacy Policy, incorporated herein by reference, describes how we collect, use, and protect personal data.

10.2 Coaching and group sessions may be recorded with notice. By participating, you consent to such recording.

10.3 We comply with applicable U.S. privacy laws, including the Oregon Consumer Privacy Act (effective July 1, 2024) and, where relevant, GDPR for EU residents.

10.4  By registering for any event, you agree to share the registration information you provide with PowerShift Business Solutions for marketing purposes.

11. Accessibility & Accommodations

We strive to meet WCAG 2.1 AA standards and comply with the Americans with Disabilities Act (ADA) Title III. If you need accommodations, contact hello@powershiftbusinesssolutions.com at least seven (7) days before the event.

12. Testimonials & Marketing

You grant us permission to use anonymized feedback, testimonials, and case studies for marketing. We will obtain your written consent before using your full name, likeness, or specific business metrics.

13. Affiliate Disclosure

Some links or recommendations may be affiliate links. We may earn a commission if you purchase through these links, at no extra cost to you. Opinions expressed are our own.

14. Disclaimer of Warranties

THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR‑FREE.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL POWERSHIFT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE FEES YOU PAID FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

16. Indemnification

You agree to indemnify, defend, and hold harmless PowerShift, its affiliates, officers, directors, employees, and agents from any third‑party claims, damages, or expenses (including reasonable attorney fees) arising out of (a) your breach of these Terms, (b) your misuse of the Services, or (c) your User Content.

17. Dispute Resolution & Governing Law

17.1 Informal Negotiations. Before initiating formal proceedings, you agree to attempt to resolve any dispute with us informally by emailing hello@powershiftbusinesssolutions.com. If the dispute is not resolved within 30 days, either party may proceed as set forth below.

17.2 Binding Arbitration. Except for small‑claims actions, any dispute, claim, or controversy arising out of or relating to the Servicesor these Terms shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in Portland, Oregon, U.S.A., unless the arbitrator permits remote proceedings. Judgment on the award may be entered in any court having jurisdiction. YOU AND POWERSHIFT WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.

17.3 Small‑Claims Court. Either party may bring an individual action in Multnomah County Small Claims Court for disputes within its jurisdiction.

17.4 Governing Law & Venue. This Agreement is governed by the laws of the State of Oregon, without regard to its conflict‑of‑law principles. Subject to the arbitration requirement, the state and federal courts located in Multnomah County, Oregon, shall have exclusive jurisdiction.

18. Force Majeure

We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, public health emergencies, governmental actions, or internet outages.

19. Assignment

We may assign or transfer this Agreement without restriction. You may not assign, delegate, or transfer your rights or obligations without our prior written consent.

20. Entire Agreement

These Terms, together with the Privacy Policy and any order form or addendum, constitute the entire agreement between you and PowerShift and supersede all prior understandings.

21. Severability

If any provision is held unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be limited to the minimum extent necessary.

22. Waiver

Failure to enforce any provision shall not constitute a waiver of that provision or any other provision of these Terms.

23. Survival

Sections concerning intellectual property, payment, disclaimers, limitation of liability, indemnification, dispute resolution, and survival shall survive termination of the Agreement.

24. Contact Us

Email: support@powershiftbusinesssolutions.com
Website: https://www.powershiftbusinesssolutions.com

Last updated: July 7, 2025