Social Marketing Live Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Social Marketing Live is a family friendly site, and we DO NOT accept or allow the following types of sites into our program: Gambling, Adult content (porn, soft porn, sites with adult ad's), Pharmacy (Cheap drugs, Viagra, male/female enhancement, etc.), Hate, Link Farms or Spam Sites. If you sell any of these products and we find out, we will cancel your membership without hesitation. We do not need to explain our decision or reasons if we reject or cancel any membership.
Copyright
The entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of Social
Marketing Live. The collective work includes works that are licensed to
Social Marketing Live. Copyright 2008, Social Marketing Live ALL RIGHTS
RESERVED. Permission is granted to electronically copy and print hard
copy portions of this site for the sole purpose of placing an order with
Social Marketing Live or purchasing Social Marketing Live products. Any
other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly
prohibited, unless authorized by Social Marketing Live. You further
agree not to change or delete any proprietary notices from materials
downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Social Marketing Live
used in the site are trademarks or registered trademarks of Social
Marketing Live.
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To
the fullest extent permissible pursuant to applicable law, Social
Marketing Live disclaims all warranties, express or implied, including,
but not limited to, implied warranties of merchantability and fitness
for a particular purpose and non-infringement. Social Marketing Live
does not represent or warrant that the functions contained in the site
will be uninterrupted or error-free, that the defects will be corrected,
or that this site or the server that makes the site available are free
of viruses or other harmful components. Social Marketing Live does not
make any warrantees or representations regarding the use of the
materials in this site in terms of their correctness, accuracy,
adequacy, usefulness, timeliness, reliability or otherwise. Some states
do not permit limitations or exclusions on warranties, so the above
limitations may not apply to you.
Limitation of Liability
Social Marketing Live shall not be liable for any special or
consequential damages that result from the use of, or the inability to
use, the services and products offered on this site, or the performance
of the services and products.
Typographical Errors
In the event that a Social Marketing Live product is mistakenly listed
at an incorrect price, Social Marketing Live reserves the right to
refuse or cancel any orders placed for product listed at the incorrect
price. Social Marketing Live reserves the right to refuse or cancel any
such orders whether or not the order has been confirmed and your credit
card charged. If your credit card has already been charged for the
purchase and your order is cancelled, Social Marketing Live shall issue
a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the
site and/or completing the registration or shopping process. These terms
and conditions, or any part of them, may be terminated by Social
Marketing Live without notice at any time, for any reason. The
provisions relating to Copyrights, Trademark, Disclaimer, Limitation of
Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Social Marketing Live may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the address
you have provided to Social Marketing Live.
Affiliates
If you participate as a Social Marketing Live Affiliate, you agree to be
bound by this Terms of Use agreement. In addition, you agree to use any
and all Social Marketing Live affiliate related banners and text links
in an ethical manner. You also agree that any affiliate text link
information will be written to match the content and purpose of our
site, and that you will not misrepresent the company or its products,
services, or offerings in any way. You understand that Social Marketing
Live decides what is ethical and can at any time terminate your
affiliate account if they feel that you are misrepresenting the company
or unethically marketing your affiliate links. If Social Marketing Live
terminates your account, you will not be paid for any outstanding
commissions.
Social Marketing Live will pay affiliate commissions 2 levels deep, on all affiliate sales generated by the Social Marketing Live Affiliate Program. Percentages may change based on which level of the program you are participating in, and your commission volume. All commissions are based on a 1 year cookie. The minimum payout is $50. All commissions are paid out after 30 days, in order to accomodate our 30 day money-back guarantee.
Guarantees
Social Marketing Live offers the following guarantee. If you purchase
the Social Marketing Live course and for some reason you decide that you
would like a refund, you have 30 days to request a refund. If you
request a refund within 30 days from the date of purchase, Social
Marketing Live will give you a full refund of your purchase price for
the course. If you do not request a refund within the 30 day refund
period, you forfeit this option and will not be eligible for a refund.
We do not offer refunds on any additional services that you may purchase
in the members area once you are a member.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of
the state of Utah, U.S.A., without regard to choice of law provisions,
and not by the 1980 U.N. Convention on contracts for the international
sale of goods. You agree that jurisdiction over and venue in any legal
proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of Social Marketing Live
products or services) shall be in the state or federal courts located in
Weber County, Utah. Any cause of action or claim you may have with
respect to the site (including but not limited to the purchase of Social
Marketing Live products) must be commenced within one (1) year after the
claim or cause of action arises. Social Marketing Live's failure to
insist upon or enforce strict performance of any provision of these
terms and conditions shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any of these terms and conditions. Social
Marketing Live may assign its rights and duties under this Agreement to
any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail,
chat, or by use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a Social Marketing Live or other
licensed employee, host, or representative, as well as other members or
visitors on the site is prohibited. You may not upload to, distribute,
or otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site to
solicit others to join or become members of any other commercial online
service or other organization.
Participation Disclaimer
Social Marketing Live does not and cannot review all communications and
materials posted to or created by users accessing the site, and is not
in any manner responsible for the content of these communications and
materials. You acknowledge that by providing you with the ability to
view and distribute user-generated content on the site, Social Marketing
Live is merely acting as a passive conduit for such distribution and is
not undertaking any obligation or liability relating to any contents or
activities on the site. However, Social Marketing Live reserves the
right to block or remove communications or materials that it determines
to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or
misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Social Marketing Live in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Social Marketing Live,
its officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Social
Marketing Live may link to sites operated by third parties. However,
even if the third party is affiliated with Social Marketing Live, Social
Marketing Live has no control over these linked sites, all of which have
separate privacy and data collection practices, independent of Social
Marketing Live. These linked sites are only for your convenience and
therefore you access them at your own risk. Nonetheless, Social
Marketing Live seeks to protect the integrity of its web site and the
links placed upon it and therefore requests any feedback on not only its
own site, but for sites it links to as well (including if a specific
link does not work).
