By accessing the Community Influencer® Academy (“Membership”) or Community Influencer® Shop (“Shop”) from Community Influencer®, Inc. (“Company,” “we,” or “us”), you and the Company agree to the following Terms of Service (“Terms of Service”), without modification, and you acknowledge reading them:
ACCESS TO COMMUNITY INFLUENCER® MATERIALS
The Membership and Shop include, but are not limited, to course content, written content, recorded video and audio content, live and pre-recorded calls, and discussions in Membership related forums (collectively, “Materials”).
The Materials may only be accessed by you – the customer on record with the Company. You agree that the Materials, including any usernames or passwords, may only be used by you as permitted herein and may not be sold or distributed without the Company’s express written consent.
The Company grants you a limited, personal, non-exclusive, non-transferable license to use our Membership and Shop courses, programs, services, and templates for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the courses, programs, and templates in any manner. By ordering or downloading courses, programs, services, or templates, you agree that the material you purchase or download may not be sold or redistributed without the express written consent of the Company.
The Company, from time-to-time, provides various courses, programs, services, and templates for sale on our Website that are available for purchase in the Community Influencer® Shop.
Your access to the Membership or products purchased in the Shop may be revoked for failure to abide by these Terms of Service or for failure to make timely and full payments to the Company for your purchase of the Membership or products in the Shop.
In order to use the Membership, products in the Shop, and other materials or services available by the Company, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you provide will always be accurate, correct and up to date
OUR INTELLECTUAL PROPERTY
You agree that the Membership and Shop contain proprietary information that is owned by the Company and is protected by copyright, trademark and other applicable intellectual property laws. You will not use the Membership and Shop Materials in a manner that constitutes an infringement of the Company’s rights or that has not been authorized by the Company. The use of the Company’s Membership or Shop Materials, except as permitted herein, is strictly prohibited and infringes on the intellectual property rights of the Company and may subject you to civil and criminal penalties, including possible monetary damages, for infringement on the Company’s intellectual property rights.
Company grants you a limited, personal, non-exclusive, non-transferable license to access the Membership and Materials for your own personal and non-commercial use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, sell, distribute, duplicate, lease, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Membership or Shop Materials in any manner or medium (including by email or other electronic means). You shall not remove any copyright notice or author designation from any part of the Membership and Shop Materials.
PAYMENT FOR PROGRAM
As part of your Academy Membership agreement, you agree to make automatic full payments to the Company on your subscription renewal date – even if you choose not to access the Membership.
You authorize the Company to automatically charge the credit card on file for any and all Membership payments owed and you agree to keep this information current and up-to-date with the Company. If any payment is insufficient or declined for any reason, the Company may revoke your access to the Membership.
COMMUNITY INFLUENCER® ACADEMY REFUND AND CANCELLATION POLICY
Within 7 calendar days of the Community Influencer® Membership Start Date, you may request a refund. The Membership Start Date is defined as the first day the Company provided you access to the Membership. To request a refund, please contact [email protected]. Requests for refunds will not be honored 7 calendar days after the Membership Start Date. Instead, you can request to cancel your membership by filling out the Cancellation Form so you will not be billed again. Please note that you must submit the cancellation form within 48 hours of your membership subscription renewal date in order for the cancellation to be processed on time.
COMMUNITY INFLUENCER® SHOP REFUND POLICY
If you purchase a single course, templates, or other materials or services provided for sale inside the Community Influencer® Shop, these are not returnable under any circumstances. All sales are final and all payments are non-refundable.
If you have any questions or problems, please let us know by contacting our Customer Experience team at: [email protected].
Customers are welcome to email us any time at [email protected].
If you are a Community Academy® Member who has purchased a private, technical support call via Zoom, please arrive on time, ready to learn. No refunds will be given to people who purchase time on our calendar, but fail to show for the call at the appointed time. Additionally, if we are unable to address all of your questions during the 30 minute timeframe, you may purchase an additional 30 minutes, as needed. Finally, please note that we will only be able to help torubleshoot sites built with our Community Influencer® WordPress theme using Elementor.
You agree that the Company has the right to use your feedback whether in the form of emails, surveys, comments, discussions in Membership related forums, coaching calls, or otherwise, for the purposes of marketing or promoting the Membership.
You agree that the Company may use any images, audio recordings or video recordings of you obtained while enrolled in the Membership. You waive any right to payment, royalties or any other consideration for the use of such images, audio recordings or video recordings. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which you, your heirs, representatives, your estates have or may have by reason of this authorization.
You understand that given the group format of this Membership, information provided or shared with the Company or other participants, whether in the form of comments, discussions in Membership related forums, coaching calls, webcasts, or otherwise are not confidential.
To access or use the Membership, you must be at least eighteen (18) years old and have the requisite power and authority to enter into these Terms of Service. You may use the Membership for lawful and legitimate purposes only. You agree to be financially responsible for all purchases made by you. You shall not post or transmit through the Membership any material which violates or infringes the rights of others, 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
We reserve the right to refuse access to the Membership to any person or entity, without the obligation to assign reason for doing so. We may at any time change or discontinue any aspect or feature of the Membership, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We reserve the right to immediately remove you from the Membership without refund if you violate these Terms of Service.
ERRORS, INACCURACIES, AND OMISSIONS
Information provided about or in the Membership or Materials is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Membership or Materials.
RELATIONSHIP OF THE PARTIES
You agree that Company is acting as an independent contractor and that no partnership or joint venture is created between us.
The Company gives no warranties with respect to any aspect of the Membership or any materials related thereto or offered in connection with the Membership and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. By purchasing the Membership, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your future earnings, business profit, marketing performance, audience growth, health or results of any kind. The Company does not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Membership is a promise or guarantee to you of such results.
THIRD PARTY RESOURCES
The Membership or Materials may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS) ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE TRANSACTIONS IT CONTEMPLATES (WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHER FORM OF ACTION) AND IRRESPECTIVE OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE. IN NO EVENT WILL THE COMPANY’S LIABILITY EXCEED THE PRICE THE CUSTOMER ACTUALLY PAID TO THE COMPANY FOR THE PROGRAM.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Membership. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
GOVERNING LAW VENUE
The Terms of Service shall be governed by the laws of the State of California and any disputes arising from it must be handled exclusively in the County of Orange, California.
RECOVERY OF LITIGATION EXPENSES
If any legal action or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
ENTIRE AGREEMENT; WAIVER
The Terms of Service constitutes the entire agreement between you and the Company pertaining to the Membership and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of the Terms of Service by Company 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 Company.
We reserve the right to update our Terms of Service at any time. Such amendments are effective immediately by us posting the new Product Terms at CommunityInfluencer.com/product-terms. Any use of the Membership by you after an amendment is made means you accept these amendments.
EFFECT OF HEADINGS
The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Nothing in these Terms of Service, express or implied, will confer upon any person or entity not a party to these Terms of Service, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of these Terms of Service, except as expressly provided herein.
Effective Date: 09-05-23