BIZFLUENCE MEMBERSHIP CLUB TERMS OF SERVICE
Thank you for purchasing the Bizfluence Membership Club subscription (“Product”). All sales are final for this Product. By completing the Product check-out, you ("Customer") agree to the following terms and understands that you will be charged the full amount of either the monthly recurring subscription price or the 6-month recurring subscription price, whatever Customer selects upon checkout. Through rendering initial payment, Customer agrees to the following terms and conditions of this Agreement (“Agreement”) in their entirety:
NYLA Influencers LLC (“Company”) is a company that provides prospective and actual influencers with online educational materials. Company has created the Bizfluence Membership Club ("Product") to help educate aspiring influencers and actual influencers on how to turn their creativity into a profitable business. The Product is a membership club subscription service which includes pre-recorded videos, a private Facebook group, business resources, and Live Q&A sessions within the Facebook group.
This Term of this Agreement shall remain active from the date of the initial purchase, with the exception of Sections 3, 8, 9, 10, 11 which shall survive the Term of this Agreement.
For the purposes of this Agreement, the Company is not an employee, social media manager, consultant, psychiatrist, psychologist, therapist, public relations manager, personal brand advisor, one-on-one coach, counselor, business operations manager, financial analyst, business executive, or other agent of Customer’s business.
Customer understands that the Product has been designed by Company for general educational and informational purposes only, with the goal of teaching Customer new skills and providing Customer with awareness of traditional business practices. Through the Product, the Company might provide guidance regarding business decisions, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision for his/herself.
This Product does not include: 1) individualized advice and feedback; 2) procuring business or potential clients for Customer; 3) performing any business management services for Customer, such as accounting, operations, research, or development; 4) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 5) publicity, public relations and/or social media marketing services; 6) legal or financial advice; 7) introduction to Company’s professional network and business relationships.
Customer hereby acknowledges that Customer is solely responsible for the amount of income and/or type of results that Customer generates by implementing techniques and advice provided by Product. Customer also acknowledges that the Company cannot and does not guarantee that implementation of the Product will provide Customer with a lucrative business. Customer also agrees that he/she is solely responsible for any personal decision that Customer makes during or as a result of Customer’s use of the Product, and indemnifies Company from any liability regarding said decision.
4. CLIENT’S RESPONSIBILITIES
The Product has been developed for educational purposes only. The Company has established its proprietary Product in order to educate and inspire Customer to pursue his/her personal goals. However, Customer hereby acknowledges that Company does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Product. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Product. Customer acknowledges that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain his/her goals by simply using the Product.
Nevertheless, Customer acknowledges that he/she can optimize her potential results from the Product by adhering to the following:
* Utilizing all of Product material, including exercises and worksheets;
* Thoughtful and meaningful participation in all Question & Answer sessions;
* Utilization of the Product’s private Facebook Group;
* Utilization of the Product’s education portal;
* Attending group coaching calls at the scheduled date, on time;
* Taking 100% responsibility for Customer’s results, 100% of the time.
5. PAYMENT & FEES
Customer has two payment options to purchase the Product, both of which are presented at checkout and outlined below:
A) Recurring 30-day subscription, due in-full before Customer may access the Product; or
B) Recurring 6-month subscription option, due in-full before Customer may access the Product, outlined below.
Client hereby agrees to pay in accordance with one of the following plans:
A. MONTHLY SUBSCRIPTION ($29):
* One (1) recurring monthly payment of twenty-five and 00 US Dollars ($29.00 USD), which is due immediately upon signing up for the subscription, and due every month after the first payment. The Product shall not be distributed for Customer’s access until full payment is rendered; or
B. EVERY 6 MONTHS SUBSCRIPTION ($145):
* One (1) recurring payment of one hundred twenty-five and 00 US Dollars ($145.00 USD), which is due immediately upon signed up for the subscription, and due every six months after the first payment. By choosing this option, the Customer gets one month free, every six months. The Product shall not be distributed for Customer’s access until full payment is rendered;
Company understands that, from time to time, there are issues with payment. All payments must be received by Company within seven (7) days of the due date for that installment. Any payments not received within 7 days of their due date will result in Customer’s breach of this Agreement and may result in termination of Customer’s access to the Product.
6. REFUND AND CANCELLATION POLICY
The Customer may cancel their subscription at any time without a refund.
The Customer may cancel their subscription payments directly in PayPal or Stripe. If the Customer requests subscription cancellation to firstname.lastname@example.org, the subscription cancellation request must be received at least five business days prior to Customer’s subscription renewal.
If for any reason the Customer is not completely satisfied with our Product within 30 days of the Customer’s initial purchase, the Customer can contact our customer service at email@example.com and the Company will gladly provide a refund.
The Company may choose, in its sole discretion, to refuse any refund request if the Customer requests a refund after 30 days of the Customer’s initial purchase. The Company does not provide partial refunds.
7. NON-DISCLOSURE & CONFIDENTIALITY
Confidential Information & Non-Disclosure - Company takes pride in its proprietary information included in each Product. As such, Customer agrees and acknowledges all Confidential Information shared through this Product and by the Coach is confidential, proprietary, and belongs exclusively to the Company.
“Confidential Information” includes, but is not limited to:
* Any systems, sequences, processes or steps shared with Customer;
* Any information disclosed in association with this Agreement;
* Any systems, sequences, processes, or trade secrets in connection with the Product or Company’s business practices;
* Any live recordings;
* Any video recordings;
* Any information shared on the private Facebook group;
* Any information shared on the education portal;
* Any information that belongs in any Product that belongs to the Company
Testimonials - Company also agrees to protect Customer’s personally identifiable information. However, from time to time, Company may use general statements about Customer’s success for testimonials as part of Company’s marketing strategy. By agreeing to these Terms, Customer agrees to Company sharing Customer’s success stories as testimonials in any matter across any media at the sole discretion of Company.
8. INTELLECTUAL PROPERTY & LIMITED LICENSE
Intellectual Property - This Product and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and within Company’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”).
Limited License - Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use. Customer acknowledges that his/her purchase of this Product is for his/her/its individual use. Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise.
If Customer is also a business owner or professional in a similar industry, Customer shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:
* Teaching Customer’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Customer’s own;
* Copying any of Company’s Product content and/or material for Customer’s commercial use;
* Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent.
Company may terminate the Customer’s subscription at any time, for any reason, including but not limited to the event of a material breach of any term of this Product Terms of Service or Terms and Conditions.
Examples include, Company terminates the Customer’s subscription in the event the Company decides that the Product is not a fit for the Customer, the Customer publishes inflammatory remarks in the private Facebook Group or Teachable school, the Customer advertises or promotes competitive services within the private community.
In the event the Company terminates the Customer’s subscription, Company shall make the decision to provide a refund to the Customer, but shall not have any obligation to refund the Customer.
10. INDEMNIFICATION / LIMITATION OF LIABILITY
Customer hereby acknowledges that Company is not liable for any injuries that may arise from Customer’s actions, omissions, or decisions based off Customer’s use of this Product, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless Company of any claims that may arise after use of this Product.
1. Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
2. Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
3. Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
4. All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us.
5. Governing Law - Company is located in the United States and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of the state of New York.
6. Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration.
7. Execution – Customer agrees to accept the above Agreement in its entirety when Customer selects and confirms “I agree to the Terms & Conditions” at the Product checkout page and by rendering first payment.