The Underground Network - Terms of Service

Last Updated: January 21, 2026

IMPORTANT: These Terms of Service constitute a legally binding agreement. By purchasing, accessing, or using The Underground Network membership, you agree to be bound by these terms. If you do not agree, do not access or use the service.

1. Definitions

"Service," "Program," or "Membership" refers to The Underground Network membership platform, including all courses, community access, consulting calls, webinars, events, resources, and materials provided.

"We," "Us," "Our," or "Provider" refers to Sy-Con Excavation & Utilities LLC, the creator and operator of The Underground Network.

"You," "Your," or "Member" refers to the individual or business entity that has purchased access to the Service.

"Content" refers to all materials provided through the Service, including but not limited to videos, audio recordings, written materials, templates, downloads, course lessons, presentations, and community posts.

"The Pipe Playbook" refers to the course library included in the membership.

2. Membership and Access

2.1 License Grant

Upon payment, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or business use only, in accordance with these Terms.

2.2 Membership Benefits

Your membership includes:

  • Access to The Pipe Playbook course library

  • Access to the private Facebook group member community

  • Monthly live webinars

  • Opportunity to book 1:1 consulting sessions (subject to availability and separate fees if applicable)

  • Access to member-only events and resources

  • Updates and new content added during your active membership period

2.3 Account Requirements

You must:

  • Be at least 18 years old

  • Provide accurate and complete registration information

  • Maintain the security and confidentiality of your login credentials

  • Notify us immediately of any unauthorized access to your account

  • Use the Service only for lawful purposes

2.4 Account Restrictions

  • One membership grants access to one individual or business entity only

  • You may not share, sell, or transfer your account access to others

  • You may not allow others to use your login credentials

  • Corporate or team access requires separate arrangements and pricing

3. Payment Terms

3.1 Pricing

The membership fee is $150 per month, billed on a recurring monthly basis or $1,500 per year, billed on a recurring annual basis. Prices are subject to change with 30 days' notice to active members.

3.2 Billing

  • Your payment method will be automatically charged on the same day each month or annually.

  • You are responsible for maintaining valid payment information

  • Failed payments may result in immediate suspension of access

  • You will receive email notification of upcoming charges

3.3 Additional Charges

Certain services may require additional payment, including:

  • Individual coaching sessions (if not included in your membership tier)

  • In-person event attendance

  • Premium resources or specialized training. These will be clearly marked and require your consent before charging.

3.4 Taxes

You are responsible for all applicable federal, state, and local taxes on your membership fees.

4. Cancellation and Refund Policy

4.1 Cancellation by Member

  • You may cancel your membership at any time

  • Cancellation must be submitted through your account dashboard or by emailing marketing@syconexc.com.

  • Cancellation takes effect at the end of your current billing cycle

  • You will retain access until the end of the paid period

  • No partial refunds for the current billing period

4.2 First Payment Refund Policy

  • New members may request a full refund within 7 days of first payment

  • Refund request must be submitted in writing to marketing@syconexc.com

  • After 7 days, all payments are non-refundable

  • Refund eligibility does not apply to renewals or subsequent payments

4.3 Renewal Payments

All payments after the initial payment are non-refundable under any circumstances. By maintaining an active membership, you acknowledge that you may cancel at any time but will not receive refunds for already-processed payments.

4.4 No Refunds for Lack of Use

Failure to utilize the Service, access content, or attend webinars does not entitle you to a refund.

5. Intellectual Property Rights

5.1 Ownership

All Content, including but not limited to courses, videos, audio, text, graphics, logos, templates, software, and materials, is owned by us or our licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

5.2 Restrictions on Use

You may NOT:

  • Copy, reproduce, distribute, or create derivative works from any Content

  • Record, screenshot, download, or save Content except where explicitly permitted

  • Share, sell, rent, lease, or sublicense access to the Service or Content

  • Remove copyright notices or proprietary markings from any Content

  • Use Content for any commercial purpose outside your own business operations

  • Upload, post, or share our Content on any public platform (YouTube, social media, forums, etc.)

  • Provide login credentials to others or allow third parties to access your account

5.3 Permitted Use

You may:

  • Stream and view Content for your personal or internal business use

  • Download specifically designated materials marked as "downloadable"

  • Print materials for your own reference (one copy per item)

  • Implement strategies and systems taught in your own business

5.4 Enforcement

Violation of these intellectual property terms will result in:

  • Immediate termination of membership without refund

  • Legal action seeking damages, including but not limited to:

    • Actual damages and lost profits

    • Statutory damages under applicable copyright law

    • Attorney's fees and costs of enforcement

  • We actively monitor for unauthorized distribution and will pursue all available legal remedies

6. Community Guidelines and Acceptable Use

6.1 Professional Conduct

Members must:

  • Treat other members, consultants, and staff with respect

  • Contribute constructively to community discussions

  • Share information and experiences honestly

  • Maintain confidentiality of other members' shared information

  • Provide feedback and questions in good faith

6.2 Prohibited Conduct

Members may NOT:

  • Harass, threaten, intimidate, or abuse other members or staff

  • Post spam, advertising, or promotional content without permission

  • Share false, misleading, or fraudulent information

  • Impersonate others or misrepresent your identity or affiliations

  • Post content that is illegal, obscene, defamatory, or discriminatory

  • Solicit other members for competing services or programs

  • Attempt to recruit members away from the community

  • Share pirated, illegal, or unauthorized materials

  • Engage in any activity that disrupts or interferes with the Service

6.3 Content Posted by Members

  • You retain ownership of content you post in the community

  • By posting, you grant us a non-exclusive license to use, display, and distribute your posts within the Service and externally

  • You are solely responsible for the content you post

  • We reserve the right to remove any member-posted content for any reason

7. Disclaimers and Limitations of Liability

7.1 Educational Purpose Only

The Service provides educational content and information about operating an excavation and underground utilities contracting business. The information provided is:

  • For educational and informational purposes only

  • Not professional business, financial, legal, or accounting advice

  • Based on the instructor's personal experience and may not apply to your situation

  • Not a guarantee of any specific results or outcomes

7.2 No Professional Relationship

Participation in the Service, including consulting calls, does not create a:

  • Business consulting or advisory relationship

  • Attorney-client relationship

  • Accountant-client relationship

  • Fiduciary relationship

  • Partnership or joint venture

7.3 Your Responsibility

You acknowledge and agree that:

  • You are solely responsible for your business decisions

  • You should consult with qualified professionals (attorneys, accountants, insurance agents) before making significant business decisions

  • Implementation of any strategies or advice is at your own risk

  • Your results will vary based on your effort, market conditions, and many other factors

  • We make no guarantees or warranties about your business success

7.4 No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

  • The Service will be uninterrupted, secure, or error-free

  • Content will be accurate, complete, or current

  • Any defects will be corrected

  • The Service is free of viruses or other harmful components

7.5 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use the Service

  • Any conduct or content of any third party on the Service

  • Any content obtained from the Service

  • Unauthorized access, use, or alteration of your transmissions or content

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

7.6 Business Risks

You understand and acknowledge that:

  • Operating a contracting business involves substantial risk

  • Market conditions, regulations, and other factors beyond our control affect business outcomes

  • Past performance (ours or others) does not guarantee future results

  • You may lose money implementing strategies taught in the Service

  • No business advice can eliminate risk or guarantee success

8. Termination

8.1 Termination by Member

You may terminate your membership at any time as described in Section 4.1.

8.2 Termination by Us

We reserve the right to suspend or terminate your access immediately, without notice or refund, for any reason, including but not limited to:

  • Breach of these Terms of Service

  • Violation of intellectual property rights

  • Prohibited conduct or disruptive behavior

  • Providing false information during registration

  • Fraudulent or illegal activity

  • Non-payment or payment disputes

  • Any conduct we determine to be harmful to the Service or other members

8.3 Effect of Termination

Upon termination:

  • Your access to the Service will immediately cease

  • You must stop using all Content and delete any downloaded materials

  • You will not be entitled to any refund of fees already paid

  • Sections of these Terms that by their nature should survive termination shall survive, including Intellectual Property, Disclaimers, Limitation of Liability, and Indemnification

9. Indemnification

You agree to indemnify, defend, and hold harmless Sy-Con Excavation & Utilities, its owners, instructors, employees, contractors, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

  • Your use of or access to the Service

  • Your violation of these Terms of Service

  • Your violation of any third-party right, including intellectual property rights

  • Your business decisions or operations

  • Any content you post or share through the Service

  • Any claim that your use of the Service caused damage to a third party

10. Privacy and Data

10.1 Information Collection

We collect and use your personal information as described in our Privacy Policy, which is incorporated into these Terms by reference.

10.2 Communications

By joining the Service, you consent to receiving:

  • Transactional emails (receipts, account notifications)

  • Educational content and updates about the Service

  • Marketing communications about our products and services

You may opt out of marketing communications but will continue to receive transactional emails.

10.3 Data Security

While we implement reasonable security measures to protect your information, no internet transmission is completely secure. You acknowledge that you provide information at your own risk.

11. Affiliate Relationships and Third-Party Recommendations

11.1 Affiliate Disclosure

The Service may contain recommendations for products, services, software, equipment, suppliers, or other third-party offerings. We want to be transparent about our financial relationships with these third parties.

We may receive compensation when you:

  • Click on affiliate links provided in the Service

  • Purchase products or services through our referral links

  • Sign up for services we recommend

  • Use discount codes we provide

This compensation may be in the form of:

  • Affiliate commissions

  • Referral fees

  • Advertising revenue

  • Free or discounted products or services

  • Other forms of consideration

11.2 Types of Recommendations That May Include Affiliate Relationships

Affiliate relationships may exist for recommendations regarding:

  • Software and scheduling tools (e.g., Monday.com, BuilderTrend, QuickBooks)

  • Equipment suppliers and manufacturers

  • Insurance providers

  • Financial services and banking products

  • Marketing and website services

  • Community platforms and tools

  • Industry suppliers and vendors

  • Educational products and courses

  • Professional services

11.3 Our Commitment

Despite these financial relationships:

  • We only recommend products and services we genuinely believe provide value

  • Our recommendations are based on our experience and assessment of quality

  • Affiliate relationships do not influence the educational content or business strategies taught

  • We are not obligated to recommend any specific product or service

  • You are never required to use any recommended product or service

  • Your membership benefits do not depend on purchasing through affiliate links

11.4 No Endorsement of Quality

While we make recommendations based on our experience:

  • We do not guarantee the quality, suitability, or performance of any third-party product or service

  • Your experience with third-party vendors may differ from ours

  • We are not responsible for third-party products, services, pricing, or customer service

  • You should conduct your own research before making purchasing decisions

11.5 Pricing and Availability

  • Affiliate relationships do not affect the price you pay

  • Prices and availability are controlled by third-party vendors

  • Discount codes or special offers, when provided, are subject to third-party terms

  • We are not responsible for price changes, discontinuations, or vendor policies

11.6 Third-Party Terms

When you purchase from or engage with a third party:

  • You are subject to that third party's terms of service, privacy policy, and other agreements

  • We are not a party to transactions between you and third parties

  • Disputes must be resolved directly with the third party

  • We do not provide customer service for third-party products or services

11.7 No Agency Relationship

Affiliate relationships do not create:

  • An agency relationship between us and third-party vendors

  • An obligation for us to promote any specific product or service

  • An exclusive relationship preventing us from recommending competitors

  • Any partnership or joint venture with third parties

11.8 Changes to Recommendations

We reserve the right to:

  • Add or remove affiliate relationships at any time

  • Update recommendations based on our experience or changing market conditions

  • Discontinue promoting products or services for any reason

  • Change the specific products or vendors we recommend

11.9 Your Independence

You acknowledge that:

  • You are free to purchase from any vendor of your choosing

  • You may seek out better pricing or alternatives independently

  • Using affiliate links is optional and does not affect your membership benefits

  • You should compare options and make informed decisions for your business

11.10 FTC Compliance

These disclosures comply with Federal Trade Commission (FTC) requirements for endorsements and testimonials. In addition to this general disclosure:

  • Specific affiliate relationships will be disclosed at the point of recommendation

  • Content containing affiliate links will include clear disclosure language

  • We will use terms like "affiliate link," "we may earn a commission," or similar clear language

11.11 Reporting Undisclosed Relationships

If you encounter any recommendation within the Service where an affiliate relationship exists but was not properly disclosed, please report it to marketing@syconexc.com so we can correct the oversight.

12. Changes to Service and Terms

12.1 Service Changes

We reserve the right to:

  • Modify, suspend, or discontinue any part of the Service

  • Add or remove features, content, or benefits

  • Change the format or delivery of content

  • Update pricing for new members (existing members receive 30 days' notice)

12.2 Terms Changes

We may revise these Terms at any time. Changes will be effective upon posting to the website. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms. Material changes will be notified via email.

13. Dispute Resolution

13.1 Informal Resolution

Before filing any legal claim, you agree to first contact us at marketing@syconexc.com to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith.

13.2 Binding Arbitration

If informal resolution fails, any dispute arising from these Terms or your use of the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

  • Arbitration will be conducted in Benton County, Arkansas

  • The arbitrator's decision will be final and binding

  • Each party will bear its own costs and attorney's fees

  • The arbitration will be confidential

13.3 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN US AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (A) NO ARBITRATION OR PROCEEDING SHALL BE JOINED WITH ANY OTHER; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY.

13.4 Exceptions to Arbitration

Either party may seek injunctive or equitable relief in court for:

  • Intellectual property infringement

  • Unauthorized access to or use of the Service

  • Violation of confidentiality obligations

14. General Legal Terms

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings.

14.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflict of law provisions.

14.3 Jurisdiction

Subject to the arbitration provisions, you consent to the exclusive jurisdiction of courts located in Benton County, Arkansas for any disputes.

14.4 Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

14.5 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14.6 Assignment

You may not assign or transfer these Terms or your membership without our prior written consent. We may assign our rights and obligations without restriction.

14.7 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14.8 Relationship

Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and us.

14.9 Third-Party Rights

These Terms do not create any third-party beneficiary rights.

15. Contact Information

For questions about these Terms of Service, please contact:

Sy-Con Excavation and Utilities
263 N. Hwy 62, Rogers, AR 72756
Email: skirby@syconexc.com
Phone: 479-278-4043

For membership cancellations, email: marketing@syconexc.com
For refund requests, email: marketing@syconexc.com
For technical support, email: marketing@syconexc.com

16. Acknowledgment

BY CLICKING "I AGREE," CHECKING THE ACCEPTANCE BOX, OR BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

You further acknowledge that:

  • You have had the opportunity to consult with an attorney

  • You understand that this is a legally binding contract

  • You voluntarily accept all terms and conditions

  • You understand the limitations on liability and disclaimers

  • You waive any claims contrary to these Terms

Last Updated: January 21, 2026
Version: 1.0