The Social Deal – TERMS OF SERVICE
The terms “I”, “me”, “my” and “Your Brand Strategist” refer to Viviana Agnesina. The term “Site” refers toYourbrandstrategy.com and all online class sites connected with Viviana Agnesina. The terms “user,” “you” and “your” refers to site visitors, customers and any and all other users of the site (individually and collectively “Users”).
Yourbrandstrategy.com is a website where Users may read articles related to small business management, marketing, sales and services, and where Users may purchase online products and subscriptions (subscription is known as “The Social Deal”) related to small business management, marketing, sales and services (individually and collectively “Service”).
USE OF THE SITE + SERVICE
Information provided on the Site and in the Service is subject to change without notice. Your Brand Strategist makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Your Brand Strategist disclaims all liability for any inaccuracy, error and/or incompleteness in the Content.
In order to use the Service, you are required to provide information about yourself including your name, email address, username, password and other personal information. You agree that any registration information you give to Your Brand Strategist will always be accurate, correct and up to date. You may not impersonate someone else or provide account information or an email address other than your own. Your account may not be used for any illegal or unauthorized purpose. You may not, in the use of the Site and Service violate any laws in your jurisdiction. Your Brand Strategist reserves the right to refuse service based on your provision of inaccurate account information.
You are solely responsible for protecting the security and confidentiality of your account. You shall immediately notify Your Brand Strategist of any unauthorized use of your account, or any other breach or threatened breach of the Site’s security of which you are aware.
You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site and Service, violate any laws in your jurisdiction.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You will be responsible for any activity conducted under your account.
You shall not post or transmit through the Site any material which violates or infringes the rights of third parties, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
REFUSAL OF SERVICE
Your Brand Strategist reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. Your Brand Strategist reserves the right to limit the number of participants and subscriptions. Your Brand Strategist may at any time change or discontinue any aspect or feature of the Site or Service without notice.
ORDER CONFIRMATION AND PAYMENT DETAILS
I will email you to confirm the placement of your order and with details concerning product or Service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform me as soon as possible.
Once you purchase a subscription, the initial price you purchased at will remain the same even if the price increases after your initial purchase. However, if you cancel your subscription at any time and re-subscribe at a later date, your new subscription will be purchased at the most current rate. In other words, your initial purchase price will be grandfathered in as long as you do not cancel your subscription after your initial purchase.
MONTH-TO-MONTH PAYING MEMBERS
If you have signed up for a month-to-month The Social Deal subscription, the subscription renews automatically on the first of each month and your credit card will be charged the fee stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period if created with a promotional rate. Your subscription will start as soon as your credit card is successfully charged and will be charged at the same hour of your initial charge (if you purchased at 8:30 pm, you will get access on the 1st at 8:30 pm each month).
ANNUAL PAYING MEMBERS
Annual members get early access to content on the 27th of the month. If you have signed up for an annual The Social Deal subscription, the subscription renews automatically at the end of twelve (12) months and your credit card will be charged the fee stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period if created with a promotional rate. Your subscription will start as soon as your credit card is successfully charged.
ONLINE CLASS OR WORKSHOP
If you have signed up for an online class or workshop, confirmation that I have received your order and payment does not constitute acceptance into the class or workshop. I will email you separately to confirm that you have been accepted into the class or workshop. If you are not accepted into the class or workshop, a refund will be processed within a reasonable amount of days.
CANCELLATIONS, REFUNDS & RETURNS
All sales of digital products downloadable upon confirmation of purchase are final, including limited-time 30 day premium content, unless otherwise stated in a guarantee.
Subscriptions created will not automatically cancel. You must cancel your subscription before the following billing cycle (billing cycle starts on the 25th of every month) in order to not get charged.
All live online workshops, courses & trainings being given during a specific time period are eligible for refunds for up to 7 days from the first day of class, and after that time period has passed, no refunds will be given. If you would like to cancel a monthly subscription, you may do so at any time, and you will no longer be charged effective the following month. All payments for the current month will not be refunded.
Upon cancellation of a subscription you will continue to have lifetime access to all Content purchased prior to the cancellation date.
PROMOTIONS AND BONUS MATERIALS
If a promotion or bonus is provided during the creation of your subscription, the promotion or bonus is only valid during the duration of your subscription. By cancelling your subscription, you agree to also cancel any promotion or bonus provided upon joining The Social Deal. Subscriptions created during a bonus will not automatically cancel after the promotional period. You must cancel your subscription before the following billing cycle (billing cycle starts on the 25th of every month) in order to not get charged. All sales are final when purchasing during a promotion. Subscriptions purchased during promotions and bonuses are non-refundable.
I endeavor to describe and display the Service as accurately as possible. While I try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time I may correct errors in pricing and descriptions. I reserve the right to refuse or cancel any order with an incorrect price listed.
INSTAGRAM PRIVATE ACCOUNT ACCESS
The access to the Instagram Private account and its content is only available to members with an active monthly or annual The Social Deal subscription. Once the subscription is inactive, you lose immediate access to the Instagram Private account.
The primary purpose of the Instagram Private account is to stay connected, share ideas, and support one another on our journey.
Users should exercise common sense and courtesy in submitting comments on the Instagram Private account posts. Inappropriate postings and/or comments would include, for example, comments or materials that:
Are obscene, vulgar, abusive, hateful or threatening.
Make false or defamatory statements about others.
Are invasive of the privacy rights of others (e.g., by including personal information about other people without their consent).Harass or discriminate on the basis of race, religion, nationality, ethnicity, gender, sexual preference or other factors.
Users may not use the Instagram Private account to promote or provide instructional information about illegal activities or for any purpose that may be illegal.
User posts and or comments may not contain comments engaging in political activity.
Users may not use the Instagram Private account for commercial purposes. Posts and or comments may not include advertisements for goods or services, solicitations, “spam”, chain letters, surveys, pyramid schemes or the like.
Posts and or comments may not include content or materials that violate the copyrights, trademark rights or other intellectual property rights of third parties.
Posts and or comments may not include false or misleading representations of affiliation with any other person or entity. A member may not employ false identifiers to impersonate any person or entity or to misrepresent or disguise the true origin of any content.
The member’s name must be provided in all posts and or comments.
SUBMISSION OF USER-GENERATED CONTENT
You shall not upload, post or otherwise make available on the Site any artwork, photos or any other content (individually and collectively “User-Generated Content”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any User-Generated Content is not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Your Brand Strategist from any claim against Your Brand Strategist resulting from your posting of User-Generated Content to the Site. For all User-Generated Content submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the User-Generated Content, and that the use or display of the User-Generated Content will not violate any laws, rules, regulations or rights of third parties.
If you submit User-Generated Content to me, intentionally or unintentionally, I shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. Me and my designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to me a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License”). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.
You agree that each time you post or submit User-Generated Content to the Site, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.
MY INTELLECTUAL PROPERTY
All content provided on the Site and in the Service, including all products and all online class, workshop materials and subscriptions are the intellectual property of Your Brand Strategist. The content of the Site and Service are protected by copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part, without my prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service.
If you violate this intellectual property policy, I reserve the right to immediately remove you from any and all Service without a refund, and shall pursue all available legal remedies against you.
DISCLAIMER OF WARRANTIES – WAIVER AND RELEASE
The content on the Site and the Service is provided “AS IS” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, I disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. I do not warrant that the functions contained in any content (including, without limitation, User-Generated Content) will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make such content available are free of viruses or other harmful components and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software. I make no representations or warranties regarding use, or the results of use, of any content, product or service contained on or offered, made available through, or otherwise related in any way to the Site including, without limitation, any third party site or service linked to from the Site.
I explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from the Site. I cannot ensure that you will be satisfied with any product or service that you purchase from a third party website that links to or from the Site or third party information, content or materials contained on my Site. I do not endorse any of the products, nor have I taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third party website. I do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably and unconditionally waive any and all claims against me with respect to information, content and materials contained on the Site (including, without limitation, User-Generated Content), on third party websites, and any information, content and materials you provide to or through any such third party websites (including, without limitation, credit card and other personal information). I strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.
You acknowledge that you have carefully read this “Waiver and Release” and fully understand that it is a release of liability. You expressly agree to release and discharge Your Brand Strategist and all Indemnified Parties (as hereinafter defined) from any and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against Your Brand Strategist and all Indemnified Party for any type of injuries and/or damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the foregoing disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
LIMITATION OF LIABILITY
You agree that under no circumstances (including negligence) shall Your Brand Strategist or the Indemnified Parties be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of or in connection with: (i) your use of, or any inability to use, the Site, Service or any content or functions thereof; (ii) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, line or system failure or any incompatibility between the Site and any site, service, software or hardware; (iii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iv) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of my negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Your Brand Strategist or the Indemnified Parties has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, my liability is limited to the fullest possible extent permitted by law. In no event shall Your Brand Strategist’s or the Indemnified Parties’ total liability to you for all loss, cost, damage, liability or expense (including attorneys’ fees and costs) that you may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the total purchase price of the Service you have purchased from Your Brand Strategist, and if no purchase has been made by you Your Brand Strategist’s and the Indemnified Parties’ total liability to you shall not exceed $1.00.
You agree that under no circumstances shall I or the Indemnified Parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond our or their control including, without limitation, Acts of God, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
No waiver of any of the provisions of this Agreement by Your Brand Strategist shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Your Brand Strategist.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: Viviana Agnesina, via Del Borgo Antico 3, 21013 Gallarate, Varese, Italia.
GOVERNING LAW, VENUE AND MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the Italian State as applied to contracts that are executed and performed entirely in Italy. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in Busto Arsizio, Varese. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by private mediation first. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other reasonable costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
When addressing financial matters in any of my websites, videos, newsletters, programs or other content, I have taken every effort to ensure that I accurately represent my programs and their ability to grow your business and improve your life. However, Your Brand Strategist does not guarantee that you will get any results or earn any money using any of my ideas, tools, strategies or recommendations, and nothing on my Site and/or Service is a promise or guarantee to you of future earnings.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE Your Brand Strategist’S PRODUCT IS AT YOUR SOLE RISK. By purchasing any product produced by Your Brand Strategist, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that Ioffer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not limited to, your skill, knowledge, ability, dedication, business savvy, network and financial situation. You also understand that any testimonials or endorsements by my customers or audience represented on, including but not limited to, my Site, Service, programs, content, landing pages, sales pages or offerings have not been scientifically evaluated by me and/or any third parties, and the results experienced by individuals may vary significantly. Any statements outlined on, including but not limited to, my websites, programs, content and offerings are simply my opinion and thus are not guarantees or promises of actual performance. I offer no professional legal, medical, psychological or financial advice.
Every effort has been made to accurately represent this product and its potential.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by other businesses, including Facebook, nor have they been reviewed tested or certified by other businesses, including Facebook.
There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using my product, their ideas and techniques. I do not position this product as a “get rich scheme.”
Your level of success in attaining the results claimed in my materials depends on the time you devote to the program, ideas and techniques mentioned, as well as your finances, knowledge and skills. Since these factors differ according to individuals, I cannot guarantee your success or income level. Nor am I responsible for any of your actions.
Your Brand Strategist welcomes your questions or comments regarding the Terms:
via Del Borgo Antico, 1 / 3
Email Address: firstname.lastname@example.org
Effective as of April 01, 2019