IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING COURSES on http://www.socialmarketingacademy.org or PROPRIETARY SOCIAL MARKETING, ONLINE MARKETING, OR FB ADS SYSTEMS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS AND PROGRAMS ASSOCIATED WITH SOCIAL MARKETING ACADEMY (“SMA”) or SERVICES. BY ACCESSING OR USING THE PROGRAM(S), YOU ACKNOWLEDGE THAT:
● YOU HAVE READ THIS AGREEMENT,
● YOU UNDERSTAND IT, AND
● THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
This Agreement (“Agreement”) is a legal contract between Social Marketing Academy located at P. O. Box 680663, Marietta, GA 30068 (Meliss Jakubovic), and the Client/Student.
WHEREAS, SMA is engaged in this business of marketing and client coaching services; and WHEREAS, YOU desire to engage SMA to provide business training to YOU in the form of Videos, Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation; NOW, THEREFORE, the Parties agree as follows:
SECTION 1: Membership and Program Fees
1.1. Programs: Under the terms of this Agreement, Social Marketing Academy agrees to provide business training services to YOU in the form of Videos, Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation (“Program(s)”) in exchange for a Program Fee. Progression between Programs will occur automatically, and Program Fees will be determined according to paragraph 1.2. below. Your access to such Programs is made conditional on payment of such Program Fee.
Programs are ONGOING MEMBERSHIP within the SMA which includes:
● Access to SMA training modules
● Access to secret SMA groups
● Access to support/coaching call & replays
1.1.2. Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in the ONGOING SMA membership.
1.1.3. Termination: SMA may terminate this Agreement at any time in its discretion upon notice to YOU. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity.
1.2. Membership Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay SMA:
Per month through the monthly membership. The amount shall be charged out on a monthly basis until cancelled by yourself. Cancellation of membership shall result in removal from the Facebook group and access to all training modules.
1.3. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by SMA, YOU affirmatively agree and acknowledge that SMA may at any time reproduce and/ or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such Program(s), including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program(s).
1.4 Support Calls: The support calls shall be recorded and shared to existing and future SMA students. All private material shall be kept confidential should the material ever be published outside of the SMA Program. By accepting the terms of this Agreement and requesting assistance for your own marketing or your client’s marketing, you acknowledge that your own account or client accounts will be recorded and shared as replay and training material.
1.5. No Refunds: SMA abides by a strict “no refund” policy. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by SMA. YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), YOU are taking full responsibility for YOUR OWN success. Thus, YOU agree that you will not request a refund.
SECTION 2: NO WARRANTIES
2.1. Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that SMA provides Program(s) related to training only and guarantees no specific results. YOU take full responsibility for YOUR own success.
2.2. Limited Liability: In no event will SMA be liable to YOU or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if SMA has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
SECTION 3: Confidentiality
3.1. Confidentiality: Only authorized users, who have duly obtained access to any Programs offered by Social Marketing Academy by personally agreeing to the terms of this Agreement are permitted to use and participate in such Programs. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
3.2 Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the Program(s) are the sole Intellectual Property of SMA under United States copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that SMA and its third-party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements of the System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the SMA logo, all designs, text, graphics, photographs, other files, or any other intellectual property rights of SMA whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that SMA uses in connection with services rendered by SMA are marks owned by SMA. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
SECTION 4: Miscellaneous
4.1. Non-transferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement. You may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration and/or billing information you give to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Program(s), violate any laws in your jurisdiction.
4.2. Indemnification: YOU will, at your own expense, defend, indemnify, and hold Social Marketing Academy, its agents, contractors, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and SMA concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with SMA relating to the Program, whether oral or written.
4.4. Amendment: SMA reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at http://www.socialmarketingacademy.org
4.5. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America. The venue for any dispute shall be in the State of Georgia in the county of Cobb.
BY PURCHASING, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.
Changes to this Terms of Service
Any changes that we may make to our Terms of Service in the future will be posted on our website. Where appropriate, we will notify you of the changes periodically.
Last Updated on 5 November, 2018
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