Terms of Use[1] 

[SOCIALLY AMBITIOUS]

 

Please read the Terms of Use for the Program carefully and in their entirety before purchasing and using [SOCIALLY AMBITIOUS’S INFLUENCER’S ASSISTANT COURSE] (hereinafter referred to as the “Program”). The Program and its content are owned by [SOCIALLY AMBITIOUS LLC].

  1. Definitions:

 

“Company”, “We”, “I”, “Our”, or “Us” means [SOCIALLY AMBITIOUS].

 

“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.

 

“Program” means [INFLUENCER’S ASSISTANT COURSE]

 

“You” or “Your” means the purchaser and person using the Program.

 

2. Consent:

By participating in the Program, you implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms of Use.

 

3. DISCLAIMER:

By participating in the Program, you understand that [SOCIALLY AMBITIOUS] is a [ONLINE COURSE].

 

This Program is for informational and educational purposes only. The information and education provided in this Program is not intended or implied to supplement or replace the professional advice of an attorney, accountant, and/or financial advisor. You should consult with a professional in those areas (financial, legal, accounting, etc.) in person with someone where you live or work to discuss issues or questions pertaining to your particular legal, financial, or business situation. 

 

Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you.

 

4. Assumption of the Risk

You should use your best judgment in using the information provided in the Program, which is done at your own risk. It is your responsibility to discern the risk of using the Program or its content. You assume responsibility for your actions, choices, or lack thereof, related to the Program. 

 

5. Intellectual Property Ownership:

The Program and its content, including, but not limited to, [MODULES, VIDEOS, DIGITAL DOWNLOADS, TEXT, ETC.] are intellectual property owned by [SOCIALLY AMBITIOUS].  Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

 

Any use of the Company’s intellectual property may not be used in connection with the sale or distribution of any product, program, and/or service by you, directly or indirectly, without the prior written consent of [SOCIALLY AMBITIOUS].

 

Misappropriation or unauthorized use of the Company’s intellectual property and/or trade secrets may result in the enforcement of an infringement and/or intellectual property theft action against you in an effort to recover damages and/or protect our intellectual property rights. The Company reserves the right to pursue an action for misappropriation, theft, or improper use of its intellectual property by the Purchaser, the Purchaser’s representatives, assigns, contractors, employees, or acquaintances. 

 

 

6. No Sharing:

You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.

 

[INCLUDED BECAUSE WE HAVE A PASSWORD PROTECTED OR MEMBER SITE:]

You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately and no refund will be issued. 

 

7. No Claims Made Regarding Results:

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and [HIS/HER/THEIR] circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours. 

 

We don’t make any assurances as to any particular financial-based outcome based on the use of or participation in the Program. We are not responsible for the success or failure of your business, business decisions, income, sales, or any other result of any kind that you may have as a result of your participation in the Program.

 

8. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:

We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way including, but not limited to, your future income, sales, potential, profitability, or losses derived as a result of your use of the Program. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law.  We are not liable for damages of any kind related to your use of the Program.

 

9. Your Release of Us, Indemnification, Hold Harmless:

 

To the fullest extent permitted by law, [SOCIALLY AMBITIOUS] expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release [SOCIALLY AMBITIOUS] from any and all claims.

 

By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless [SOCIALLY AMBITIOUS], our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use. 

 

By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless [SOCIALLY AMBITIOUS] as stated in this section herein.

 

10. Our Refund Policy:

 

  1. NO REFUNDS:

 

We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the downloadable nature of the Program, refunds will not be issued for the Program once it is purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email [SOCIALLY AMBITIOUS] at [[email protected]].

 

  1. NO CHARGEBACKS:

 

The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account. 

 

11. ARBITRATION CLAUSE:

If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing [SOCIALLY AMBITIOUS] at [[email protected]].

 

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and [SOCIALLY AMBITIOUS] shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

 

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within [10] miles of [FORT LAUDERDALE, FLORIDA, 33312].

 

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of [FLORIDA]. The only award that can be issued to you is a refund of any payment made to [SOCIALLY AMBITIOUS] for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.

 

12. Limitation of Liability:

[SOCIALLY AMBITIOUS] are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

 

13. PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS          

 

  1. General Payment Terms: 

 

When you pay for the Program by credit card, you authorize and give permission to [SOCIALLY AMBITIOUS] to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant [THINKIFIC] (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours.  [SOCIALLY AMBITIOUS] is not responsible for the merchant’s independent policies or practices.

 

  1. Payment Plan Terms / Failed Payment Procedures: 

 

Should you choose to purchase the Program via one of our payment plan options at checkout (hereinafter the “Payment Plan”), you are hereby consenting to your credit card being automatically charged [30 DAYS] apart for [3 OR 6 MONTHS] to complete your total payment. 

 

If you choose the Payment Plan to purchase the Program, you hereby authorize and give permission to [SOCIALLY AMBITIOUS] to automatically charge your credit card, debit card, or PayPal account, as payment for the Program, for which you will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization from you. 

 

We will not contact you to seek any additional authorization, approval, or permission before charging your card for each installment of the Payment Plan.

 

By choosing the Payment Plan, you agree and understand that ALL monthly payments are owed in full. There are no exceptions. No refund requests or stop payments will be granted or accepted.

 

  1. Failed Payment Plan Payments / Re-charge procedures:

 

By signing up for the payment plan, your card will automatically be re-charged [30]-days apart for your remaining payments. Please plan accordingly.

 

If your payment-plan payment fails on the 1st attempt:

In the event that your Payment Plan payment is not successfully made on your due date, Influencer’s Assistant Course and Facebook Group access will be temporarily revoked. Your credit card will be manually charged AFTER A 3-DAY grace period and 4 more times over a 3 week period to make your payment for the Program. 

 

If your card was accidentally not updated or available to be processed at the time we attempted the initial charge, you’ll have [72 HOURS] grace period to update your card information and regain access to the Program and Facebook group.

 

After 2nd failed payment:

Your access to the Program will still be temporarily suspended and you will not be able to access the Program at all until you successfully complete your payment. The 2nd attempt is the final attempt to collect your payment before the matter is forwarded to collections. 

I understand if I have an unpaid balance to Socially Ambitious and do not make satisfactory payment arrangements, my account may be placed with an external collection agency. I will be responsible for reimbursement of the fee of any collection agency, which may be based on a percentage at a maximum of 35% of the debt, and all costs and expenses, including reasonable collection and attorney’s fees incurred during collection efforts.

In order for Socially Ambitious or their designated external collection agency to service my account, and where not prohibited by applicable law, I agree that Socially Ambitious and the designated external collection agency are authorized to (i) contact me by telephone at the telephone number(s) I am providing, including wireless telephone numbers, which could result in charges to me, (ii) contact me by sending text messages (message and data rates may apply) or emails, using any email address I provide and (iii) methods of contact may include using pre-recorded/artificial voice message and/or use of an automatic dialing device, as applicable. Furthermore, I consent the designated external collection agency to share personal contact and account related information with third party vendors to communicate account related information via telephone, text, e-mail, and mail notification.

When choosing the payment plan options, you consent to being responsible for ALL payments owed under the Program terms.

 

14. Severability 

 

The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

 

15. Behavior and Conduct:

  1. Facebook Group Conduct:
    1. Students are expected to maintain a respectful and professional demeanor within the Socially Ambitious Facebook group.
    2. Any instances of rudeness, disrespect, harassment, or other inappropriate behavior towards fellow students or moderators will not be tolerated.
    3. Socially Ambitious reserves the right to revoke access to the Facebook group for any student found in violation of these conduct standards.
  2. Interaction with Influencers:
    1. Students are required to maintain professional and courteous communication with their influencers.
    2. Any instances of ghosting, unprofessional conduct, or failure to fulfill commitments to influencers will be considered a breach of conduct.
    3. Socially Ambitious reserves the right to take appropriate action, including revoking access to the Facebook group, in cases where students engage in poor conduct with influencers.
  3. Enforcement
    1. Socially Ambitious will investigate reported incidents of poor conduct promptly and thoroughly.
    2. Upon confirmation of misconduct, Socially Ambitious reserves the right to take immediate action, including but not limited to banning the student from the Facebook group.
    3. Decisions made by Socially Ambitious regarding conduct violations are final and non-negotiable.
  4. Appeals Process:
    1. Students who believe they have been unfairly penalized for conduct violations may submit an appeal to Socially Ambitious.
    2. Appeals will be reviewed by the Socially Ambitious team, and decisions regarding reinstatement of privileges will be made at their discretion.
  5. Modification of Terms:
    1. Socially Ambitious reserves the right to modify or update these conduct standards as deemed necessary.
    2. Students will be notified of any changes to the Terms of Use, and continued use of the platform constitutes acceptance of the updated terms.

By accessing the Socially Ambitious platform and participating in the Influencer's Assistant Course, students agree to abide by these conduct standards. Failure to comply may result in disciplinary action, up to and including termination of access to the Facebook group and other platform privileges.

16. Entire Agreement

These Terms of Use contain the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.

17. Choice of Law + Venue

These Terms of Use shall be governed by the laws of the state of [FLORIDA]. Any action brought by any party arising out of or from these Terms shall be brought within the [FLORIDA], County of [UNITED STATES].

By purchasing and/or participating in the Program, you implicitly signify your agreement to all of the terms in these Terms of Use.

 

If you have any questions about the Terms of Use, please contact [SOCIALLY AMBITIOUS] at [[email protected]]. Thank you. 

Pronouns updated, uploaded with corrections made to all UB and a la carte in Kajabi.