TERMS AND CONDITIONS OF PURCHASE
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH INFLUENCERSIQ, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of products and services, including video webinar content, website content, and printable materials (the "Courses") through influencersiq.com (the "Site"). These Terms are subject to change by InfluencersIQ, LLC (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any Courses that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
2. Informational Purposes Only; No Attorney-Client Relationship or Legal Advice. The Courses are provided for informational purposes only, are general in nature, and do not constitute a legal opinion or legal advice and should not be construed as a legal opinion or legal advice. If the Courses appear to include a “recommendation,” it should be deemed general commentary and not applicable to any specific entity or person. If you are seeking legal advice, it is essential to review the specific facts of each case in detail with an attorney. You should not act upon any Course content without first seeking advice from a qualified attorney for your specific matter. Unless and until you enter into a written attorney-client agreement with an instructor who is a lawyer, you are not represented by that instructor. The availability of the Courses (1) is not intended to create, and does not create or constitute, an attorney-client relationship between you and the attorney; (2) is not intended as a solicitation by the attorney; (3) is not intended to convey or constitute legal advice from the attorney; and (4) is not a substitute for obtaining legal advice from a qualified attorney licensed in the appropriate jurisdiction. Please note, by sending an e-mail message to an attorney through the Site, you will not be creating an attorney-client relationship and therefore, the attorney cannot assure you that any such e-mail message will be privileged. Because unsolicited confidential information may not be subject to an attorney-client privilege and may not be treated as confidential, you should not send confidential information without first speaking to the attorney and receiving authorization to provide such confidential information. Receipt of unsolicited confidential information by any attorney will not disqualify him/her from representing another party in any matter to which the information relates. The lawyers also have no duty to keep any such unsolicited information confidential prior to the formation of an attorney-client relationship.
3. Advertising/Solicitation. The lawyer instructing and/or creating content does not intend the Course or the Site to be deemed as advertising or a solicitation in any jurisdiction where the Site would be so characterized. Furthermore, the lawyer does not desire or seek to represent anyone by means of the Site in a jurisdiction where the Site may fail to comply with all applicable laws and ethics rules of that jurisdiction. The Site may include testimonials from clients and descriptions of successful client representations, strategies or outcomes in both transactional matters and adversarial proceedings. The results portrayed are dependent on the particular facts of prior matters, among other variables, and future results may differ if based on different facts. The lawyer makes no guarantee, warranty or prediction that he will be successful in new matters, even if they involve similar facts and circumstances. The lawyer does not endorse content presented from other instructors and individuals on the Site, and are only responsible for their specific content and spoken word.
4. Revisions, Errata, and Currentness. The materials appearing on the Site and in the Courses may include technical, typographical, or photographic errors. InfluencersIQ, LLC does not warrant that any of the materials in the Courses are accurate, complete, or current. InfluencersIQ, LLC may make changes to the materials contained in the Site and in the Courses at any time without notice. New legal developments may render the content on the Site and in the Course inaccurate, and InfluencersIQ, LLC will not be obligated to update or correct any content, and makes no representation that the content reflects the most current state of the law in any given jurisdiction.
5. Prices and Payment Terms.
(a) All prices posted on this Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
6. Cancellations and Refunds. If you wish to cancel your paid enrollment for a Course, we will offer you a complete refund until 14 days after payment, or until you have earned your Course Certificate, whichever is earlier. For avoidance doubt, once you have earned a Course Certificate with your payment, you are not eligible for a refund even if it is within 14 days.
7. Disclaimer of Warranties. THE COURSES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE COURSES. WE’VE TAKEN REASONABLE EFFORTS TO ENSURE THAT WE ACCURATELY REPRESENT OUR COURSES. HOWEVER, INFLUENCERSIQ, LLC DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS OR EARN ANY MONEY USING ANY OF OUR COURSES, IDEAS, TOOLS, STRATEGIES, OR RECOMMENDATIONS, AND NOTHING ON OUR WEBSITES OR IN OUR COURSES IS A PROMISE OR GUARANTEE TO YOU OF FUTURE EARNINGS. YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE COURSES IS AT YOUR SOLE RISK. BY PURCHASING THE COURSES, 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 (EXPRESSED OR IMPLIED) REGARDING YOUR EARNINGS, BUSINESS PROFITS, MARKETING PERFORMANCE, AUDIENCE GROWTH, OR RESULTS OF ANY KIND. YOU ALONE ARE RESPONSIBLE FOR YOUR ACTIONS AND BUSINESS, WHICH ARE DEPENDENT ON PERSONAL FACTORS INCLUDING, BUT NOT NECESSARILY LIMITED TO, YOUR SKILL, KNOWLEDGE, ABILITY, DEDICATION, BUSINESS SAVVY, NETWORK, AND FINANCIAL SITUATION, AMONG OTHERS.
8. Limitation of Liability.
(a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(b) IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO US.
(c) The limitation of liability set forth in Paragraph 8(b) above shall not apply to liability resulting from our gross negligence or willful misconduct.
9. Intellectual Property Use and Ownership. You understand and agree that the Courses contain proprietary information and materials, such as videos, lesson plans, training modules, photographs, software, text, graphics, images, and sound recordings, (the "Product Content") including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, "look and feel," and arrangement embodied in the Courses that are owned by InfluencersIQ, LLC and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Product Content, including to any sharing or social media sites, is considered stealing and an infringement of our intellectual property rights, and InfluencersIQ, LLC will prosecute such misconduct to the fullest extent permitted by law.
We provide you with the Courses solely for your own personal, noncommercial use, and you agree that you will not use any of the Product Content in any way whatsoever except for use in compliance with these Terms. You will not use any Product Content in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Product Content.
By using the Courses, you understand and are aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference InfluencersIQ, LLC, the Courses, or the Product Content, or infringe on any of InfluencersIQ, LLC’s or its licensors’ intellectual property in any way. All copyrights, trademarks, and other intellectual property rights in and to the Courses and the Product Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by InfluencersIQ, LLC and/or its licensors, which reserve all of their rights, title, and interests in law and equity. THE USE OF THE COURSES, EXCEPT AS PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF INFLUENCERSIQ, LLC AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
The trademarks, service marks, and logos of InfluencersIQ, LLC (the "InfluencersIQ Trademarks") used and displayed in the Courses are registered and unregistered trademarks or service marks of InfluencersIQ, LLC. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use, with the sole exception that students who complete the InfluencersIQ course and earn their certification are granted may use the InfluencersIQ name solely for the purposes of advertising that they have earned the certification. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the InfluencersIQ Trademarks inures to our benefit.
10. Right to Use Your Name and Usernames. By providing us with your name and social media usernames, you grant us the right to include that information in our registry and provide it to brands, agencies, and other businesses so that they may verify whether you have completed any Courses and achieved any related certifications.
12. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
13. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms, including any substantive law governing any claims related to the Courses, are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
14. Submission to Jurisdiction. Any legal suit, action, or proceeding arising out of or relating to these Terms and that is not subject to mandatory arbitration under Paragraph 15 shall be instituted in the federal courts of the United States of America or the courts of the State of California in each case located in the City of Los Angeles and County of Los Angeles, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
15. ARBITRATION AGREEMENT.
(a) Dispute resolution and arbitration. You and InfluencersIQ, LLC agree that any dispute, claim, or controversy between you and us arising in connection with or relating any way to these Terms or to your relationship with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Terms) will be determined by mandatory binding individual (not class) arbitration. You and InfluencersIQ, LLC further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Terms. The arbitration shall be in accordance with JAMS’ Streamlined Arbitration Rules (where the amount in controversy is less than $250,000) or JAMS’ Comprehensive Arbitration Rules And Procedures (where the amount in controversy equals or exceeds $250,000) by one arbitrator appointed in accordance with said Rules. Any such arbitration shall be held in Los Angeles, California, unless you and InfluencersIQ, LLC mutually agree upon some other location. The arbitrator shall be a retired judge of the Los Angeles Superior Court or United States District Court, Central District of California, acceptable to both Parties.
(b) Exceptions. Notwithstanding the clause above (15(a)), you and InfluencersIQ, LLC both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of either Party’s rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator.
(c) No Class or Representative Proceedings: Class Action Waiver. YOU AND INFLUENCERSIQ, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and InfluencersIQ, LLC agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
16. NO BUSINESS OPPORTUNITY AGREEMENT
(a) No Business Opportunity. Nothing in these Terms shall be deemed or constructed as creating a business opportunity relationship between you and us.
(b) NO GUARANTEED EARNINGS. WE HAVE NOT MADE AND MAKE NO GUARANTEE, PROMISE, OR REPRESENTATION ABOUT POTENTIAL EARNINGS THAT WILL, OR MAY, BE RECEIVED BY YOU UNDER THESE TERMS, AND HAS NOT PROVIDED YOU WITH ANY STATEMENTS REGARDING THE POSSIBLE RANGE OF YOUR EARNINGS.
(c) No Buy-back or Security Agreement. You acknowledge that we provide no "buy-back, " "protection, " or "secured investment" arrangement of any nature whatsoever that would serve to protect you from the loss of any purchases or payments in connection with the Courses.
17. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 17 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
18. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of InfluencersIQ, LLC.
19. No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
21. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.