Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of The Business Growth Factor website, podcast, newsletter, and related services. Read them carefully. By using our services you agree to be bound by these Terms.

1. Who we are

"The Business Growth Factor" (also "TBGF", "we", "us", "our") is a podcast and business community hosted by Lyndon Smith of Expansive EDGE Inc. and Joshua Leyenhorst, CPA, CEPA, of BasePoint CPA.

2. Services we provide

We provide the following ("Services"):

• The website at thebusinessgrowthfactor.com.
• The podcast distributed via Spotify, YouTube, YouTube Music, and other platforms.
• The recaps and educational content published on the website.
• The newsletter delivered by email.
• The community hosted on Circle.
• Community Connect sessions conducted live within the community.

3. Eligibility

You must be at least 18 years old to use the Services. By using them, you represent that you meet this requirement and have the legal authority to enter into these Terms.

4. Accepting these Terms

By accessing the website, subscribing to the newsletter, joining the community, or otherwise using any of the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

5. Account and community access

The community is hosted on Circle and requires you to create a Circle account. Your participation in the community is also governed by:

• Circle's terms of service and privacy policy.
• Our community guidelines, posted within the community.

You are responsible for safeguarding your account credentials and for any activity that occurs under your account.

6. Acceptable use

You agree not to use the Services to:

• Violate any applicable law or regulation.
• Infringe the intellectual property or other rights of any party.
• Harass, threaten, defame, or impersonate any person.
• Distribute spam, malware, or other harmful content.
• Scrape, crawl, or extract data from the Services without our express written consent (this excludes legitimate search engine indexing).
• Reverse engineer or attempt to gain unauthorized access to the Services.
• Disrupt the operation of the Services or interfere with any other user's enjoyment of them.
• Misrepresent your affiliation with TBGF or with any of our guests or partners.

7. Your content

If you submit comments, feedback, guest applications, community posts, or any other content (collectively "User Content") to us, you:

• Retain ownership of your User Content.
• Grant us a non-exclusive, royalty-free, sublicensable, worldwide licence to use, reproduce, modify, adapt, publish, and distribute your User Content for the purpose of operating, promoting, and improving the Services. This licence ends when you remove the content, except where retention is necessary to comply with legal obligations or where we have already shared the content with third parties in good faith.
• Represent that the User Content is yours to submit and does not infringe any third-party rights.
• Agree to indemnify us (see section 15) against any claim arising from your User Content.

8. Our intellectual property

All content on this website, including text, graphics, logos, audio, video, frameworks, and downloadable resources, is the property of TBGF or our licensors and is protected by Canadian and international copyright and trade mark laws.

You may:

• Share links to our content.
• Quote brief excerpts with attribution and a link back to the source.
• Embed our podcast episodes using the official embed players from podcast platforms.
• Print or save copies for your personal, non-commercial use.

You may not, without our prior written consent:

• Reproduce or distribute substantial portions of our content.
• Use our content for commercial purposes.
• Modify or create derivative works.
• Use our brand, logos, or trade marks except as permitted in our Brand Standards.
• Use any automated system to scrape, harvest, or extract our content.

9. Newsletter (CASL)

Our newsletter is sent only to people who have given express consent under Canada's Anti-Spam Legislation. Every email contains a one-click unsubscribe link and our identifying information. You can unsubscribe at any time. We keep records of consent as required by law.

10. Podcast guests

Guests on the podcast appear in their personal capacity. Their opinions are their own and do not necessarily reflect those of TBGF or our affiliated businesses (Expansive EDGE and BasePoint CPA). Guest appearances are governed by separate guest release agreements.

12. Third-party links and services

The Services contain links to third-party websites and services (including Spotify, YouTube, Circle, Kit, and others). We do not control, endorse, or take responsibility for third-party content, products, or services. Your use of them is at your own risk and subject to their terms.

13. Warranties and disclaimers

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, and uninterrupted availability.

We do not warrant that the Services will be error-free, secure, or available at any particular time.

14. Limitation of liability

To the fullest extent permitted by law:

• In no event will TBGF, Expansive EDGE, BasePoint CPA, or any of our directors, officers, employees, contractors, or guests be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunity, arising out of or related to your use of the Services, even if we have been advised of the possibility of such damages.
• Our total aggregate liability to you for all claims arising out of or related to the Services will not exceed the greater of (a) one hundred Canadian dollars (CAD $100), or (b) the amount you have paid us, if any, in the 12 months preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the greatest extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless TBGF, Expansive EDGE, BasePoint CPA, and their respective directors, officers, employees, contractors, and agents from any claim, demand, loss, liability, or expense (including reasonable legal fees) arising out of or related to:

• Your use of the Services.
• Your violation of these Terms.
• Your violation of any law or third-party right.
• Your User Content.

16. Termination

We may suspend or terminate your access to the Services at any time, with or without notice, for any reason, including if we believe you have violated these Terms. You may stop using the Services at any time. Sections that by their nature should survive termination will survive.

17. Changes to these Terms

We may update these Terms from time to time. For material changes, we will notify newsletter subscribers by email at least 14 days before the change takes effect and update the "Last updated" date above. For minor changes, we will update the date only. Your continued use of the Services after the effective date constitutes acceptance.

18. Governing law and jurisdiction

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. You agree to submit to the exclusive jurisdiction of the courts of Alberta for any dispute arising out of or related to these Terms or the Services.

19. Force majeure

We will not be liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, pandemic, internet or telecommunications failures, or government action.

20. General provisions

• Severability: If any provision of these Terms is held to be unenforceable, the remaining provisions will continue in full force.
• Entire agreement: These Terms, together with our Privacy Policy and Disclaimer, constitute the entire agreement between you and us regarding the Services.
• 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 substantially all of our assets.
• No waiver: Our failure to enforce any right or provision is not a waiver of that right or provision.
• No third-party beneficiaries.
• Notices: Notices to us must be sent to [email protected].

21. Contact us

For questions about these Terms:

• Email: [email protected]
• Mail: 225 Railway St E, Suite 210, Cochrane, AB T4C 2C3