Earnings Disclaimer
Earnings Disclaimer
Last Updated: April 28, 2026
This Disclaimer, together with our Terms and Conditions, Privacy Policy, product-specific terms, checkout pages, order forms, invoices, written agreements, community guidelines, refund policies, payment terms, and any other policies or documents that reference or incorporate this Disclaimer, governs your access to and use of the websites, products, programs, services, content, communities, software access, events, coaching, consulting, training, downloads, templates, and digital materials offered by FLO Hospitality Solutions, Inc., a California corporation.
For purposes of this Disclaimer, “Company,” “we,” “us,” and “our” refer to FLO Hospitality Solutions, Inc. “You,” “your,” “client,” “customer,” “member,” or “user” refer to any person or business that accesses our websites, purchases or uses our products or services, participates in our programs, joins our communities, attends our events, submits information to us, or otherwise interacts with us.
This Disclaimer applies to joshkopel.com, restaurantscalingsystem.com, rsscommandcenter.com, and any other website, landing page, checkout page, client portal, community, software environment, download page, course platform, webinar page, event page, or related digital property owned, operated, or controlled by us, whether now existing or created in the future.
By accessing our websites, purchasing a product, enrolling in a program, joining a community, using RSS Command Center, downloading materials, attending a call or event, submitting information, or otherwise using our services, you accept and agree to be bound by this Disclaimer. If you do not agree with this Disclaimer, you must not access or use our websites, products, programs, services, communities, software, or materials.
By purchasing any product, program, subscription, software-supported service, workshop, event, digital product, or other offer from us, you affirmatively acknowledge that you have read this Disclaimer, our Terms and Conditions, and our Privacy Policy, and that you are not relying on any representation, promise, projection, guarantee, or statement that is not expressly stated in those documents or the applicable checkout page, order form, invoice, or written agreement.
This Disclaimer is intended to supplement, not replace, our Terms and Conditions. If there is a direct conflict between this Disclaimer and our Terms and Conditions, the Terms and Conditions will control to the extent of that conflict.
1. Business Use and Eligibility
Our products and services are intended for business owners, operators, professionals, managers, entrepreneurs, and individuals acting in a business or professional capacity.
If you access or use our websites, products, programs, services, communities, software, or materials on behalf of a business, restaurant, company, partnership, corporation, limited liability company, or other entity, you are responsible for ensuring that you have authority to act on behalf of that entity and that your use of our materials is appropriate for that business.
Our products and services are not intended for minors or for users under 18 years of age.
2. Educational and Informational Purposes Only
The information provided by us is for educational, informational, strategic, and general business development purposes only.
Our websites, content, courses, coaching, consulting, programs, communities, podcast episodes, workshops, trainings, webinars, templates, scripts, prompts, SOPs, checklists, software workflows, automations, reports, downloads, and other materials are intended to provide general education and business guidance. They are not intended to replace your own judgment or the advice of qualified professionals who understand your specific business, market, legal obligations, financial position, employees, customers, vendors, landlord, lenders, investors, and operating conditions.
Nothing provided by us should be understood as a promise, guarantee, warranty, professional opinion, fiduciary advice, or directive that you must follow.
3. No Professional Advice
We do not provide legal, tax, accounting, financial, investment, insurance, employment, human resources, payroll, wage and hour, food safety, health department, liquor licensing, franchise, real estate, lending, medical, psychological, or other licensed professional advice.
Any information we provide about pricing, profitability, margins, payroll, labor, taxes, financial reporting, marketing, email, SMS, advertising, hiring, employee management, compliance, customer data, privacy, automations, software, operations, or business strategy is general educational information only.
You are solely responsible for consulting your own qualified attorneys, accountants, tax advisors, financial advisors, insurance professionals, payroll providers, HR professionals, compliance consultants, health department advisors, liquor licensing professionals, lenders, and other licensed professionals before making decisions for your business.
You agree not to rely on our content, coaching, consulting, recommendations, examples, templates, AI outputs, software workflows, automations, or materials as a substitute for professional advice tailored to your specific facts and circumstances.
4. No Earnings, Revenue, Profit, or Business Results Guarantee
Every effort has been made to accurately represent our products, programs, services, and the educational value they provide. However, there is no guarantee that you will earn any money, increase revenue, increase profit, reduce costs, improve margins, increase traffic, increase guest count, increase sales, increase catering revenue, increase gift card sales, increase event sales, improve email or SMS marketing results, improve ad performance, improve labor efficiency, reduce food cost, improve business valuation, secure financing, improve operations, improve compliance, or achieve any other business result using the ideas, strategies, tools, templates, or materials provided by us.
Business results vary widely. Your results depend on many factors, including your concept, market, brand, location, pricing, menu, product quality, hospitality, reputation, staff, leadership, execution, timing, existing systems, financial condition, capital, customer base, vendor relationships, landlord relationships, competitive environment, economic conditions, seasonality, legal obligations, technology stack, list size, marketing assets, offer quality, and other circumstances outside our control.
Any revenue figures, profit figures, sales figures, campaign results, margin improvements, guest count increases, traffic increases, marketing results, operational improvements, software results, or other business outcomes shown or discussed by us are examples only. They are not promises, projections, guarantees, warranties, or representations that you will achieve the same or similar results.
You understand and agree that your ultimate success or failure will be the result of your own decisions, actions, effort, skill, leadership, implementation, market conditions, business model, and circumstances.
5. Restaurant and Hospitality Business Risk
Restaurants and hospitality businesses are subject to substantial risk, including labor costs, food costs, rent, seasonality, competition, consumer behavior, inflation, wage laws, tip rules, supply chain issues, health department requirements, liquor licensing rules, landlord obligations, vendor performance, staffing shortages, customer reviews, technology issues, economic downturns, and many other factors.
Our recommendations, examples, templates, systems, software workflows, automations, campaigns, and strategies are not guaranteed to work for your restaurant, market, concept, team, guest base, price point, financial condition, or regulatory environment.
You are solely responsible for deciding whether and how to implement any idea, recommendation, campaign, system, template, script, offer, pricing change, operational change, staffing change, menu change, marketing strategy, automation, or software workflow in your business.
You agree to use your own judgment, conduct appropriate due diligence, and consult qualified professionals before implementing any material business, legal, financial, operational, employment, tax, marketing, software, data, or compliance decision.
6. Food Safety, Health Code, and Responsible Beverage Service
Nothing we provide is a substitute for licensed food-safety training, including ServSafe or any similar certification, local health-department guidance, allergen-handling requirements, sanitation requirements, state-mandated responsible-beverage-service training, alcohol licensing requirements, or your obligations under applicable food-safety, sanitation, alcohol-service, and dram-shop laws.
You must independently comply with all applicable food-safety, sanitation, allergen, health code, alcohol-service, responsible-beverage-service, liquor licensing, and dram-shop requirements regardless of any content, recommendation, template, example, checklist, software workflow, automation, or guidance provided by us.
You are solely responsible for training your team, maintaining safe operations, following applicable laws and regulations, obtaining required permits and licenses, and consulting qualified professionals or government authorities when needed.
7. No Franchise, Business Opportunity, Seller-Assisted Marketing Plan, or Multi-Level Marketing Program
Our products, programs, coaching, consulting, software-supported services, templates, tools, communities, and materials are educational and advisory in nature.
Nothing we offer constitutes the offer or sale of: (a) a franchise within the meaning of the FTC Franchise Rule, 16 CFR Part 436, or any state franchise law; (b) a business opportunity within the meaning of the FTC Business Opportunity Rule, 16 CFR Part 437, or any state business opportunity, seller-assisted marketing plan, assisted marketing plan, or similar statute; or (c) a multi-level marketing, pyramid, chain distribution, or income opportunity program.
We do not grant you the right to operate a business under our trademarks, trade name, brand, marketing system, operating system, or prescribed business format. You operate your own independent business and bear sole responsibility for all decisions, investments, operations, compliance, results, and outcomes.
8. Personal Responsibility
By using our websites, products, programs, services, communities, software, and materials, you accept personal responsibility for the results of your actions.
You agree that you are responsible for your own business decisions, implementation, operations, marketing, financial management, compliance, employee practices, customer communications, software use, data handling, and results.
You agree to take full responsibility for any harm, loss, liability, cost, claim, or damage that may result from your use or non-use of the information, products, programs, services, templates, automations, workflows, strategies, examples, or materials provided by us.
You agree to use judgment and conduct due diligence before taking any action, implementing any strategy, launching any campaign, changing any price, using any automation, sending any email or SMS, relying on any AI output, or applying any recommendation provided by us.
9. Product-Specific Terms and Refund Policies
Certain products, programs, subscriptions, software-supported services, digital products, workshops, and events may have product-specific terms, checkout terms, order forms, invoices, or written agreements.
Those product-specific terms may address pricing, payment plans, installment obligations, subscriptions, renewals, cancellations, refunds, guarantees, access periods, software access, community access, recordings, intellectual property restrictions, and other details that apply to that specific offer.
You are responsible for reviewing the applicable product-specific terms before purchasing, enrolling, subscribing, downloading, attending, or using any product, program, service, workshop, event, software-supported service, or material.
Nothing in this Disclaimer changes any payment obligation, refund policy, cancellation rule, access rule, license restriction, or product-specific term stated in our Terms and Conditions, checkout pages, order forms, invoices, or written agreements.
10. Testimonials, Case Studies, and Client Examples
We may share testimonials, case studies, screenshots, reviews, interviews, client stories, business examples, revenue examples, sales examples, profit examples, marketing examples, operational examples, and other statements from clients, customers, podcast guests, workshop attendees, community members, or third parties.
These examples reflect individual experiences and are not guarantees that you will achieve the same or similar results. Some examples may represent exceptional, above-average, or atypical outcomes.
When we present revenue, sales, profit, traffic, margin, catering, gift card, email, SMS, advertising, or other business results, we are showcasing individual results. Those results may not reflect the average client experience and should not be understood as typical, expected, promised, or guaranteed.
Your results may be lower, higher, or nonexistent. We do not guarantee that you will achieve any particular outcome.
Where we present specific revenue, profit, sales, margin, traffic, guest count, gift card, catering, event, marketing, or other numerical results from a client, we substantiate those results with documentation provided by the client at the time of the testimonial or case study. Specific results are individual outcomes and do not represent typical or average results.
Where we use prominent dollar-figure, revenue, profit, or other numerical-result testimonials in marketing, we will either substantiate that the depicted results are generally expected for similarly situated customers or include a clear and conspicuous generally expected results disclosure near the claim itself, where required by law. This Disclaimer is intended to support those disclosures but does not replace the need for clear disclosures near specific claims when required.
Endorsers and clients providing testimonials may have received the product or service at no cost, at a discount, through complimentary access, through free coaching, through a business relationship, through payment, or through other consideration. Where required, this material connection is disclosed at the point the endorsement appears.
Testimonials may be edited for length, grammar, spelling, formatting, or clarity, but we do not intentionally change the meaning of the statement.
Any client logos, names, screenshots, or examples are used only to the extent permitted by applicable law, our agreements, or permissions provided.
11. No Client, Coaching, Consulting, Professional, Fiduciary, or Advisory Relationship Created by Website Use
Your use of our websites, free content, podcast content, downloads, newsletters, emails, social media content, webinars, or other publicly available materials does not create a client relationship, coaching relationship, consulting relationship, fiduciary relationship, professional relationship, advisory relationship, partnership, joint venture, employment relationship, agency relationship, or attorney-client relationship between you and us.
A paid client relationship is created only when we expressly accept you as a client, you complete any required enrollment process, and you agree to the applicable payment terms, program terms, order form, checkout terms, or written agreement.
Even when you become a paid client, we are providing education, coaching, consulting, training, software-supported resources, or business guidance only. We are not acting as your lawyer, accountant, tax advisor, financial advisor, HR advisor, payroll provider, insurance advisor, lender, investor, fiduciary, or licensed compliance professional.
12. Accuracy and Completeness of Information
We do our best to provide accurate, useful, and current information. However, business, marketing, software, legal, tax, employment, privacy, SMS, email, advertising, and restaurant compliance practices change over time.
We make no representation or warranty that the information we provide is accurate, complete, current, reliable, error-free, applicable to your business, or suitable for your market or circumstances.
Information may become outdated, incomplete, or inaccurate. We are not obligated to update any information, training, recording, template, strategy, recommendation, software workflow, automation, podcast episode, blog post, download, or other material after it is published or provided.
You are responsible for verifying information before relying on it.
13. Third-Party Information and Guests
We may provide information from third parties, including podcast guests, interview guests, workshop guests, community members, vendors, partners, clients, experts, service providers, software companies, and other contributors.
We do not control third-party statements, opinions, recommendations, examples, claims, or materials. We are not responsible for investigating the truth, accuracy, completeness, legality, usefulness, or reliability of any information provided by third parties.
The views expressed by guests or third parties are their own and do not necessarily reflect our views.
You are responsible for conducting your own due diligence before relying on any third-party information, recommendation, offer, software, vendor, service, product, or claim.
14. Third-Party Tools, Platforms, and Services
We may reference, recommend, use, integrate with, or provide access through third-party tools, platforms, and services, including GoHighLevel, Stripe, PayPal, Kajabi, ClickFunnels, WordPress, Zoom, Otter.ai, ChatGPT/OpenAI, Google Workspace, YouTube, Vimeo, Wistia, Meta, LinkedIn, Calendly, AddEvent, WhatsApp, Asana, NotebookLM, Zapier, Make, and other tools.
We do not own or control all third-party tools, platforms, or services. We are not responsible for third-party outages, errors, pricing changes, policy changes, account suspensions, access restrictions, deliverability issues, SMS filtering, email filtering, data loss, integration failures, payment processing issues, privacy practices, security incidents, support failures, or any other third-party issue.
Your use of third-party tools and platforms is subject to their own terms, policies, rules, fees, limitations, and privacy practices. You are responsible for reviewing and complying with those terms.
Any reference to a third-party tool, vendor, platform, expert, product, or service does not guarantee its quality, suitability, legality, compliance, availability, or results.
15. RSS Command Center and Software Disclaimer
RSS Command Center is a software-supported service built on third-party technology, including GoHighLevel and related tools.
We do not guarantee that RSS Command Center, or any related CRM, workflow, automation, form, funnel, website, pipeline, calendar, email, SMS, call tracking, reputation management, analytics, AI, or integration feature, will be uninterrupted, error-free, compliant, secure, available, accurate, or suitable for your business.
You are solely responsible for your own CRM data, customer data, contact lists, opt-ins, opt-outs, consent records, automations, campaigns, websites, funnels, phone numbers, domains, emails, SMS messages, marketing claims, customer communications, privacy obligations, data security practices, and legal compliance.
We are not responsible for missed leads, failed automations, undelivered emails, undelivered SMS messages, technical issues, account restrictions, carrier filtering, deliverability problems, platform policy changes, data loss, user error, compliance failures, or third-party outages.
You are responsible for reviewing, testing, monitoring, approving, and maintaining any workflow, automation, template, email, SMS, funnel, form, campaign, or AI-generated output before using it in your business.
Access to RSS Command Center, including any related templates, workflows, automations, campaigns, software materials, and data, is subject to the RSS Command Center terms in our Terms and Conditions and any applicable product-specific terms.
16. Email, SMS, Advertising, and Marketing Compliance
We may provide examples, templates, scripts, campaigns, prompts, automations, workflows, or recommendations related to email marketing, SMS marketing, advertising, social media, direct messages, landing pages, funnels, promotions, gift cards, events, catering, loyalty, reviews, referrals, and customer communications.
These materials are educational examples only. You are solely responsible for ensuring that your marketing complies with all applicable laws, rules, regulations, platform policies, carrier requirements, privacy obligations, consent requirements, unsubscribe requirements, advertising rules, consumer protection laws, and industry standards.
You are responsible for obtaining all required consents, honoring opt-outs, maintaining accurate records, making truthful claims, avoiding misleading statements, including required disclosures, and complying with any rules that apply to your business, location, industry, audience, and marketing channels.
We do not guarantee that any marketing template, email, SMS, ad, automation, funnel, campaign, or script is compliant with the laws or rules that apply to your business.
17. Artificial Intelligence and Automation Disclaimer
We may use, provide, recommend, or create artificial intelligence tools, prompts, custom GPTs, chatbots, automations, workflows, summaries, drafts, reports, transcripts, templates, and AI-generated or AI-assisted outputs.
AI-generated and automated outputs may be inaccurate, incomplete, outdated, biased, misleading, non-compliant, infringing, or unsuitable for your business. They may contain errors or omissions.
You are solely responsible for reviewing, editing, fact-checking, testing, approving, and legally vetting any AI-generated or automated output before using it.
You should not rely on AI-generated or automated outputs as legal, tax, financial, HR, employment, medical, compliance, safety, professional, or expert advice.
You are responsible for ensuring that any content, campaign, communication, decision, workflow, automation, or material created with AI or automation complies with applicable law, platform rules, privacy obligations, intellectual property rights, and your own business standards.
Your use of any AI prompts, custom GPT instructions, automation assets, workflows, or related materials provided by us is subject to the intellectual property and license restrictions in our Terms and Conditions.
18. Intellectual Property and License Disclaimer
All materials we provide, including websites, courses, videos, recordings, frameworks, templates, prompts, custom GPT instructions, swipe files, SOPs, scripts, workshop materials, podcast content, menu engineering reports, client playbooks, community posts, worksheets, workflows, automations, trainings, guides, downloads, workbooks, presentations, marketing campaigns, and business strategy materials, are protected by intellectual property laws and the license restrictions in our Terms and Conditions.
Your purchase, enrollment, subscription, download, attendance, or access does not transfer ownership of our intellectual property to you.
You may use our materials only as permitted by our Terms and Conditions, product-specific terms, checkout terms, order forms, invoices, or written agreements.
Unauthorized copying, sharing, distribution, resale, publication, uploading, posting, sublicensing, white-labeling, or other unauthorized use of our materials may result in termination of access, liquidated damages, injunctive relief, attorney’s fees, costs, actual damages, statutory damages, equitable relief, and any other remedy available under law or equity to the extent permitted by law.
19. No Guarantee of Availability
We do not guarantee that our websites, programs, services, communities, software access, recordings, downloads, templates, materials, events, emails, SMS messages, portals, or third-party tools will be available at all times.
Access may be interrupted, delayed, restricted, suspended, modified, or discontinued due to maintenance, technical issues, platform outages, business changes, policy changes, nonpayment, misconduct, force majeure events, or other reasons.
We are not liable for any loss, damage, cost, claim, or inconvenience resulting from unavailable, delayed, restricted, suspended, modified, or discontinued access.
20. No Warranty
Our websites, products, programs, services, communities, software access, downloads, templates, automations, workflows, AI outputs, recordings, events, and materials are provided on an “as is” and “as available” basis.
To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, reliability, availability, security, uninterrupted access, error-free operation, and suitability for your business.
We do not warrant that our websites, products, programs, services, communities, software access, downloads, templates, automations, workflows, AI outputs, recordings, events, or materials will meet your needs, produce a particular result, comply with your obligations, or be free from errors, interruptions, viruses, malware, or harmful components.
21. Limitation of Liability
To the fullest extent permitted by law, FLO Hospitality Solutions, Inc., Joshua Kopel, and our owners, officers, directors, employees, contractors, coaches, consultants, affiliates, partners, licensors, service providers, and agents will not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, including lost profits, lost revenue, lost business, lost data, lost goodwill, business interruption, reputational harm, operational disruption, loss of opportunities, or cost of substitute services, arising out of or relating to your use of or reliance on our websites, products, programs, services, communities, software access, downloads, templates, automations, workflows, AI outputs, recordings, events, recommendations, or materials.
To the fullest extent permitted by law, our total cumulative liability for any claim arising out of or relating to this Disclaimer, our Terms and Conditions, our websites, products, programs, services, software access, communities, materials, or your relationship with us will not exceed the amount you paid to us for the specific product or service giving rise to the claim during the 3 months preceding the event giving rise to the claim, but in no event will the cap be less than $100.
The limitations in this section apply to the maximum extent permitted by law and do not limit liability that cannot legally be limited under applicable law.
Subject to the limitations and dollar cap stated above, your sole remedy if you are dissatisfied with our websites, products, programs, services, communities, software access, downloads, templates, automations, workflows, AI outputs, recordings, events, recommendations, or materials is to stop using them, subject to any payment obligations, refund policies, cancellation terms, product-specific terms, or written agreements that apply.
22. Affiliate and Referral Disclosure
We do not currently pay affiliates, referral partners, or partners for referrals unless we separately disclose such relationship.
From time to time, we may recommend products, services, software, vendors, books, tools, platforms, or resources. Some links, recommendations, or referrals may be affiliate links or may involve a business relationship, referral relationship, promotional relationship, sponsorship, or other material connection.
If we use affiliate links or compensated referral relationships, we will disclose them where legally required.
You are responsible for conducting your own due diligence before purchasing or using any third-party product, service, tool, platform, vendor, or resource.
23. No Endorsement
References to third-party products, services, platforms, experts, vendors, clients, guests, restaurants, companies, tools, or resources are provided for convenience, education, or illustration only.
Unless expressly stated, such references do not constitute an endorsement, sponsorship, partnership, agency relationship, guarantee, or recommendation that the third party is suitable for your specific needs.
We are not responsible for third-party actions, omissions, representations, warranties, products, services, pricing, policies, results, or claims.
24. Forward-Looking Statements
Some content may include forward-looking statements, projections, plans, goals, strategies, opportunities, or expectations regarding business growth, revenue, profitability, operations, marketing, software, technology, or industry trends.
Forward-looking statements are inherently uncertain and are based on assumptions that may be inaccurate or incomplete. Actual results may differ materially.
You should not rely on forward-looking statements as guarantees, promises, or predictions of future performance.
25. Errors and Omissions
We are not responsible for errors, omissions, inaccuracies, typographical mistakes, outdated information, broken links, technical errors, incomplete information, or other issues in our websites, products, programs, services, communities, downloads, templates, materials, recordings, software, or communications.
We reserve the right to correct errors, update information, modify materials, or change offers at any time without notice.
26. Updates to This Disclaimer
We may update this Disclaimer at any time. When we do, we will update the “Last Updated” date above.
Changes are effective when posted unless otherwise stated. Your continued use of our websites, products, programs, services, communities, software, or materials after updated Disclaimer terms are posted means you accept the updated Disclaimer.
27. Contact Information
If you have questions about this Disclaimer, contact us at:
FLO Hospitality Solutions, Inc.
Attn: Joshua Kopel
6647 Thrasher Place
Carlsbad, CA 92011
Email: josh@joshkopel.com
CONTACT US
FLO Hospitality Solutions, INC. welcomes your questions or comments regarding the Disclaimer:
FLO Hospitality Solutions, INC
6647 Thrasher Place, Carlsbad CA 92011, United States
Email Address:
josh@joshkopel.com
Effective as of:
January 1, 2021
