TERMS AND CONDITIONS OF USE

Last Updated: February 1, 2026

These are the official Terms and Conditions of Use for Positioned To Win located in Piedmont, SC, herein known and referenced as "Company," "Our," "We," and "Us."

Our email is [email protected]. "You" and "Your" refers to users of this Company's website, communications, products, services and related materials, herein known as "Offering."

NOTICE: These Terms and Conditions of Use are legally binding. It is Your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of Our products, including digital products, coaching services, and online courses.

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1. TERMS OF SITE & PURCHASER AGREEMENT

All Offerings are owned and provided by Company. These Terms and Conditions of Use govern and define how You are allowed to use and access Company's Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the 'date last updated' at the top of this page.

You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please email Us at the contact details listed at the top of this agreement, and We will make reasonable efforts to remove Your name, email, and access to Our Offering and website(s).

2. YOUR PRODUCT OR COURSE USE AND CONSENT

When You purchased Our Offering, You were given reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access of the Offering, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.

You agree You are at least 18 years old or of the age of majority in Your applicable jurisdiction to access the Offering. Access of Our Offering and related materials by a minor is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.

3. NO PAGEANT AFFILIATION

IMPORTANT NOTICE: Positioned To Win is an independent entity and is NOT affiliated with, endorsed by, sponsored by, or officially connected with any pageant organization, pageant system, or pageant event. Any references to pageants are for informational and educational purposes only. The use of our Products does not guarantee placement, success, or any specific outcome in any pageant competition.

4. INTELLECTUAL PROPERTY NOTICE & PROTECTION

All images, text, designs, graphics, trademarks, service marks, videos, worksheets, templates, guides, course materials, and all other content are owned by and property of Company, or the properly attributed party.

STRICT PROHIBITION AGAINST THEFT AND UNAUTHORIZED USE

YOU ARE EXPRESSLY PROHIBITED FROM:

• Copying, reproducing, duplicating, or replicating any part of Our intellectual property in any form or medium
• Recreating, adapting, modifying, or creating derivative works based on Our materials
• Republishing any text, image, design, video, worksheet, template, or other property on another website, blog, social media platform, or any third-party location
• Sharing, distributing, transferring, selling, reselling, or giving away Our materials to any third party
• Posting quotes, screenshots, images, or any excerpts from Our materials to social media or any public forum
• Using Our materials for any commercial purpose without express written permission
• Removing or altering any copyright, trademark, or other proprietary notices
• Using Our trademarks, logos, taglines, or brand identifiers without Our prior written consent and proper attribution
• Claiming ownership of any of Our intellectual property
• Teaching, training, or coaching others using Our proprietary materials, methods, or content

IT IS A VIOLATION OF FEDERAL AND STATE LAW to use any of Our intellectual property in whole or in part. Modification of any materials contained on this site or in Our Offerings is illegal and constitutes theft of intellectual property.

ENFORCEMENT AND ACCOUNTABILITY

We have invested substantial time, money, and creative effort in developing Our intellectual property. To maintain the integrity and value of Our work, WE WILL AGGRESSIVELY PURSUE ANY VIOLATIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW.

If You violate these intellectual property terms, YOU WILL BE HELD LEGALLY AND FINANCIALLY ACCOUNTABLE, and We reserve the right to:

• Pursue immediate legal action including injunctive relief to force You to cease all unauthorized use
• Seek statutory and actual damages for copyright infringement, which can include up to $150,000 per work infringed under federal law
• Seek damages for trademark infringement and unfair competition
• Recover all attorney's fees, court costs, and litigation expenses incurred in enforcing Our rights
• Report Your violation to appropriate authorities and platforms
• Pursue criminal prosecution where applicable
• Seek disgorgement of any profits You made from unauthorized use of Our intellectual property

WE ACTIVELY MONITOR for unauthorized use of Our materials across the internet, social media platforms, and other channels. We utilize digital fingerprinting, watermarking, and third-party monitoring services to detect theft and unauthorized distribution.

THERE IS NO EXCUSE OR EXCEPTION for stealing Our intellectual property. Claims of "fair use," "educational purposes," "inspiration," or "I didn't know" will not protect You from legal consequences.

5. LIMITED LICENSE FOR PERSONAL USE ONLY

Any and all materials, paid or free, that You access through Our Offering are under the sole ownership or licensed use of Company.

To be clear, We own Our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines, course content, coaching materials, worksheets, templates, and trademarks (common law or federally registered).

You are receiving ONLY a limited, non-transferable, non-exclusive, revocable license for personal, non-commercial use only in order to access any content or materials in the Offering You have paid for or opted to receive.

You May:

• Access the Offering for Your personal use only (if additional members of Your team need access, You must purchase separate licenses)
• Download and/or print Offering materials for Your personal use only (not for team distribution)
• Use Our trademarks and copyrighted materials ONLY with Our prior written consent and with proper credit using © with Company name and marking federally registered trademarks with ® or common law trademarks with ™

You May NOT:

• Re-sell, trade, share, or transfer Your access to the Offering
• Share the Offering with anyone else who has not purchased their own license
• Reprint or republish any of the Offering, in part or in whole, anywhere
• Distribute any materials as Your own work
• Reproduce, modify, or tweak any part of the Offering for distribution or use
• Claim ownership over any of Our intellectual property
• Use Our Offering in an unlawful way or for illegal purposes
• Teach, coach, or train others using Our materials without purchasing a commercial license

If You exceed the scope of this license, You have committed infringement that materially harms Us, and You will be held legally and financially accountable as described in Section 4.

6. INSTANT DOWNLOAD + DELIVERY

This is a digital download. No physical product will be shipped. Once your purchase is complete, you will receive immediate access to the Product via download page and email.

7. REFUND POLICY - ALL SALES ARE FINAL

ALL SALES ARE FINAL.  Due to the digital nature of Our Products:

• No refunds will be provided under any circumstances
• No exchanges will be provided
• No cancellations will be accepted after purchase is complete
• Once a digital product is delivered or access is granted, the sale is considered complete and final

Please review product descriptions carefully before making a purchase. By completing your purchase, you acknowledge and accept this final sale policy.

If you have any issues accessing your Product after purchase, contact us at [email protected] and we will assist with technical access issues only.

8. YOUR MATERIALS AND CONTRIBUTIONS

By submitting a comment, photo, video, testimonial, review, or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third-party access sites such as Our Facebook group(s), Instagram, or online software platforms that We use to distribute Our Offering and related materials, You agree that:

• We have a perpetual, non-revocable, worldwide, royalty-free, commercial license to republish Your submission in whole or in part for marketing, promotional, and educational purposes unless You explicitly state in writing that We may not do so
• You have no right to privacy by accessing Our Offering or related materials
• We reserve the right to disclose Your participation in Our programs
• You grant Us permission to use Your name, likeness, testimonial, and results in Our marketing materials

9. PRODUCT REVIEWS AND TESTIMONIALS

We may ask You to leave a rating and/or review of Your purchase. If You choose to write a review or provide a testimonial, You must comply with the following guidelines:

• You have used and/or accessed the product(s) sufficiently to speak with reasonable knowledge
• You do not use any offensive language, profanity, hateful or discriminatory speech
• Your submission does not discriminate on the basis of race, gender, religion, nationality, age, or disability
• You have not used your purchase in an illegal way
• You are not making any false or misleading statements
• You are not affiliated with any competitor
• You are not organizing a campaign encouraging others to leave reviews

We reserve the right to accept or reject Your review at our sole discretion. By posting a review, You grant Us a perpetual, worldwide, royalty-free license to reproduce, modify, display, and distribute all content relating to Your review.

10. VIOLATION OF TERMS AND TERMINATION

ANY VIOLATION OF THESE TERMS WILL RESULT IN:

• Immediate termination of Your license and access to all Offerings
• Legal action to enforce Our rights and seek damages
• Reporting to appropriate authorities and platforms
• Pursuit of all available legal remedies

We reserve the right to terminate or suspend Your access immediately, without prior notice, for any breach of these Terms and Conditions.

11. DISCLAIMER OF WARRANTIES

THE OFFERINGS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. We disclaim all warranties, including but not limited to:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Any guarantee of specific results or outcomes in pageantry, career advancement, or any other area

We do not warrant that the Offerings will be uninterrupted, error-free, or free from viruses or other harmful components.

12. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• - Your use or inability to use the Offerings
• - Any unauthorized access to or use of our servers
• - Any errors or omissions in the content of the Offerings
• - Your reliance on any information provided

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Positioned To Win, its officers, directors, employees, contractors, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and court costs, arising out of or in any way connected with:

• Your access to or use of the Offerings
• Your violation of these Terms and Conditions
• Your violation of any third-party rights, including intellectual property rights
• Any materials You submit or transmit through the Offerings

14. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law provisions. Any legal action arising out of these Terms shall be brought exclusively in the state or federal courts located in South Carolina, and You consent to the jurisdiction of such courts.

15. SEVERABILITY

If any provision of these Terms and Conditions is found to be unenforceable or invalid by a court of competent authority, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect and enforceable.

16. ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between You and Positioned To Win regarding the Offerings and supersede all prior agreements and understandings, whether written or oral.

17. ALL RIGHTS RESERVED

All rights not expressly granted in these Terms and Conditions are reserved by Company. We retain all ownership rights to Our intellectual property.

18. CONTACT INFORMATION

For questions about these Terms and Conditions or to report intellectual property violations, please contact:

Positioned To Win

Jada Samuel

Email: [email protected]

Location: Piedmont, SC

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BY PURCHASING OR USING ANY POSITIONED TO WIN OFFERINGS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Thank you for respecting the time, creativity, and work that goes into building digital products like this.

© 2026 Positioned To Win. All Rights Reserved.