Terms & Conditions
RECITALS
WHEREAS, Company is in the business of providing Social Success Simplified, a self-paced digital course on social media marketing, for a fee;
WHEREAS, Client desires to retain the Company to provide Social Success Simplified, a self-paced digital course on social media marketing, to improve and strengthen Client’s Social Media Presence, brand identity, and potential client base; and
WHEREAS, Company is qualified and competent to render the aforesaid services,
NOW, THEREFORE, for and in consideration of mutual promises exchanged in this Agreement and intending to be legally bound, the parties agree to the following:
Recitals
The above recitals are true and correct and by this reference are incorporated herein.
Definitions
“Company” means Like It Marketing, LLC, a Florida Limited Liability Company.
“Client”, “Customer”, “You” or “Your” means the person or entity using the Service and identified in the applicable statement as the client.
“Agreement” means this Agreement and any Exhibit attached hereto and made a part of by reference.
“Social Media” means any website, online application, or other form of electronic communication through which its users can create and share content, or which permits users to participate in social networking by sharing or viewing information, ideas, personal messages, and other content.
“Social Media Presence” means the Client’s digital footprint on any Social Media Platform.
“Social Success Simplified” means the self-paced digital course created by Like It Marketing, LLC.
Fees, Expenses, and Payments
The Client shall pay Company $199 USD and shall make the payment in-full through Podia’s payment processor, Stripe. No refunds will be given.
Company Warranties and Disclaimers
Company shall use commercially reasonable efforts to provide the Services with a high degree of care, skill, diligence, professional knowledge, judgment, and expertise according to sound work practices and accepted industry standards, in an organized, efficient, and workmanlike manner. There can be no guarantee that Client will be satisfied with the results of Company’s performance, or that any particular results will be achieved by Client as a result of Company’s performance. The warranty provided above is the exclusive warranty given by Company and supersedes any prior, contrary or additional representations, whether oral or written. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY.
Liability and Indemnification
Limitation of Liability
Nothing in this Agreement should be construed as an assumption by one party of any liability incurred by the other party arising out of that party’s performance of obligations under this Agreement. Each party is solely responsible for its own acts or omissions and will not be responsible for the acts or omissions of the other party. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR TO ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, IN THE FINAL DELIVERABLES EXCEPT FOR COMPANY’S INDEMNITY OBLIGATION SET FORTH BELOW, IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO COMPANY BY CLIENT PURSUANT TO THIS AGREEMENT.
Client’s Indemnity of Company
Notwithstanding the foregoing, Client agrees to indemnify and hold harmless Company and its members, managers, employees, agents, and assigns from any and all damages, claims, costs, expenses, and losses of any kind arising from a service that the Client has accepted.
Company’s Indemnity of Client
Also notwithstanding the foregoing, Company agrees to indemnify and hold harmless Client and its owners, directors, managers, officers, employees, agents, and assigns from any and all damages, claims, costs, expenses, and losses of any kind arising from any claim, suit, or proceeding brought or threatened against Client arising from a service and alleging libel, slander, defamation, copyright infringement, invasion of privacy and/or plagiarism, except to the extent that such claims arise from information or materials supplied to Company by or through Client.
Internet Delays
THE COMPANY’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Confidentiality
Company shall maintain the confidentiality of all trade secrets and proprietary information that may be disclosed to Company by Client in the course of providing the Services, provided that the Client identifies to Company in advance and in writing any information or data deemed confidential. The confidentiality obligations in the preceding sentence, however, shall not extend to any information, documents, or materials that (i) become publicly available without breach of this provision, (ii) are received from a third party without restriction, or (iii) are independently developed without reference to information received by Company from Client, and provided further that such obligations shall expire upon the two (2) year anniversary of the effective date of termination of this contract.
Intellectual Property Ownership
Social Success Simplified is the intellectual property of Like It Marketing, LLC. You may not copy, distribute and/or share Social Success Simplified. You may not share your login and password with anyone.
Integration
This document constitutes the final, complete and exclusive statement of the agreement between the parties herein. This document contains all the representations and the entire agreement between the parties with respect to the subject matter of this agreement. All other prior agreements are null and void and are superseded by this document. This document may not be changed orally but only by a formal writing signed by both parties.
Severability
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Waiver
The failure of either party to insist in any one or more instances upon performance of the terms and conditions of this Agreement, or to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement does not operate and may not be construed as an ongoing a waiver thereof or a future waiver of any right, remedy, power, or privilege hereunder and the same will continue and remain in forces and effect as if no waiver occurred.
Assignment
This agreement may not be assigned by either party without the prior written consent of the other, and any such purported assignment shall be void.
Choice of Law and Forum
This agreement is made in the state of Florida and shall be construed and interpreted in accordance with the law of Florida with regard to any conflict of laws provisions. The proper venue for any suit, claim, or action relating to this Agreement is Polk County, Florida, and the Parties expressly agree to the exclusive jurisdiction of the appropriate court having jurisdiction in Polk County, Florida for any such suit, claim, or action.
Draftsmanship
The fact that one of the parties drafted or structured any provision of this Agreement should not be considered in construing the particular provision either in favor of or against such party.
Notice
If directed or addressed to the Company, any notice or communication under this agreement shall be made by electronic mail to tonya@likeitmarketing.com. If directed or addressed to the Client, any notice or communication under this agreement will be made by electronic mail to the Client’s e-mail address on record in the Company’s account information, or by written communication sent by first class mail or prepaid post to Client’s address on record in the Company’s account information. Any notice or Communication sent by the Company shall be deemed to have been given to and received by the Client upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or prepaid post) or twelve (12) hours after sending (if sent by email). Any notice or communication sent by Client to Company shall be deemed given to and received by the Company when sent if notice or communication is sent Monday through Friday from 10 a.m. to 4 p.m. Any notice or communication sent outside of the aforementioned time shall be deemed received on the next business day at 10:00 a.m.
Service
By paying for Social Success Simplified, you agree to be bound by this agreement, including the warranty disclaimers, limitations of liability, and termination provisions above. If you do not agree to the terms, please leave the website immediately and do not use the course.
