TERMS AND USER AGREEMENT
By purchasing any Program from Maven Marketing, LLC (“Company”, “we”, or “us”), you agree and consent to the following legal terms and conditions that govern your use of the Services, Program, and/or Courses and that form a legal agreement between you and the Company.
USE AND CONSENT
NO WARRANTIES AND DISCLAIMER
By accepting the terms of this Agreement, YOU agree and understand that Maven Marketing LLC provides Program(s) related to marketing and business coaching only and guarantees no specific results. YOU take full responsibility for YOUR own success.All Services, Program, and/or Courses do not guarantee income, success, or any projected increase in sales, revenue. Company cannot guarantee any success from Services, Program, and/or Courses. Each person’s success and results depend on many factors, including dedication, desire and motivation. You accept the risk of not achieving any results (or less than desirable results) from Services, Program, and/or Courses.
Services, Program, and/or Courses do not provide any professional financial, legal, medical or psychological services or advice.
Any third party links to products or services are subject to separate terms and conditions. Company is not responsible for or liable for any content on or actions taken by such third-party websites. Although Services, Program, and/or Courses may recommend third party sites, products or services, it is your responsibility to fully vet such third parties before entering into any transaction or relationship with them.
PURCHASES AND ONLINE COMMERCE
By purchasing Services, Program, and/or Courses, you give us permission to automatically charge your credit or debit card as payment for your Services, Program, and/or Courses without any additional authorization, for which you will receive an electronic receipt.
LATE PAYMENT POLICY
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Services, Program, and/or Courses will not continue and we reserve the right to cease your access immediately and permanently.
CANCELLATION POLICY BY PROGRAM TYPE
Private Coaching and Mentorship, Group Coaching, Masterminds, Courses: There is a no-cancellation policy for these Programs. If you wish to not continue in the program all remaining payments and balances will still be owed to the Company in the timeline agreed upon purchase.
Your satisfaction with your Services, Program, and/or Courses is important to us. Yet, because of the extensive time, effort, preparation, and care that goes into creating and/or providing our Services, Program, and/or Courses, we have a no-refund policy. You acknowledge that we do not offer refunds for any portion of your payment for any of our Services, Program, and/or Courses and no refunds will be provided to you at any time.
INTELLECTUAL PROPERTY RIGHTS
Our Limited License to You. YOU acknowledge that any Audio and/or Visual Webinars Presentations, Documentation, and other elements of the Agency Profit Formula System are the sole Intellectual Property of Maven Marketing LLC and Wendy Maynard under United States copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and Maven Marketing LLC, Wendy Maynard, Wendymaynard.com, 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, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws.
Our Services, Program, and/or Courses are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
When you enroll in or purchase our Services, Program, and/or Courses you agree that you are clearly and expressly prohibited from copying, sharing or stealing our Services, Program, and/or Courses Intellectual Property, Materials or any parts in any way or for any reason.
YOUR LICENSE TO US
By posting or submitting any material on or through our Services, Program, and/or Courses, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, modify, transmit, sell, distribute, and/or publicly display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Services, Program, and/or Courses and/or our marketing or promotional efforts.
By participating in our Programs, Products, and Services, and using our Materials, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Services, Program, and/or Courses in our current or future Services, Program, and/or Courses and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
When you apply for, enroll in, purchase or use our Services, Program, and/or Courses or Materials we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”).
By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. We take precautions to protect such Confidential Information. When you submit Confidential Information via our Services, Program, and/or Courses or Materials, we take measures to protect the security of your Confidential Information both online and offline.
However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore submitting Confidential Information, data or other information is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
We try to ensure that the availability and delivery of our Services, Program, and/or Courses is uninterrupted and error-free, including our content and communications through methods like our Website, membership portal, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Services, Program, and/or Courses become unavailable or access to them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Services, Program, and/or Courses inaccessible to you.
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Services, Program, and/or Courses. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of this information is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Services, Program, and/or Courses or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.
LIMITATION OF LIABILITY
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Services, Program, and/or Courses. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Services, Program, and/or Courses, or in any way or in any location. In the event that you use our Services, Program, and/or Courses or any other information provided by us or affiliated with us, we assume no responsibility.None of the content of Services, Program, and/or Courses cure or treat any mental or medical condition. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. Services, Program, and/or Courses disclaim any liability for your reliance on any opinions or advice contained in the Services, Program, and/or Courses.
RELEASE OF CLAIMS
In no event will Maven Marketing LLC, Wendy Maynard, or WendyMaynard.com 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 Maven Marketing LLC, Wendy Maynard, or WendyMaynard.com has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
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 are agreeing that you will not use our Services, Program, and/or Courses in any way that causes or is likely to cause the Services, Program, and/or Courses, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.
You must use the Services, Program, and/or Courses for lawful purposes only. You agree that you will not use our Services, Program, and/or Courses in any of the following ways:
- - For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity
- - To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others
- - To send, negatively impact, or infect our Services, Program, and/or Courses with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
- - To cause annoyance, inconvenience or needless anxiety
- - To impersonate any third party or otherwise mislead as to the origin of your contributions
If you have a question or concern about your Services, Program, and/or Courses or Materials, you may send an e-mail to email@example.com and we will do our best to reply to your question or concern promptly.
It is hoped that should we ever have any differences, we could be able to work them out amiably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to me at firstname.lastname@example.org and include all of your reasons for dissatisfaction with your Services, Program, and/or Courses.
You understand and agree now that the only remedy that can be awarded to you through arbitration is a cancellation of your participation. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. By purchasing our Services, Program, and/or Courses you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action. You also agree that should arbitration take place, it will be held in the town of Ashland in the State of Oregon where my business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our Company, or any of our Services, Program, and/or Courses. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and Maven Marketing LLC concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with Maven Marketing LLC relating to the Agency Profit Formula Program, whether oral or written.
Maven Marketing LLC reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at www.wendymaynard.com.