Effective Date: September 10, 2018
- Services. The Services offered by the Website, include access to a number of products to allow individuals and work groups to access products designed to help small business owners grow their businesses. The products may include access to webinars, digital assessments, videos, facilitation guides, surveys, software products, and other content as added by The Company from time to time (all referred to as “Content”). The type of Content available to Users may vary based on the type of package selected by the applicable User, and The Company reserves the right to establish multiple tiers of Services with differing types of Content available to Users.
The Marketing Masters program offers a single one (1) hour coaching session via phone call with Anna-Vija McClain. The session must be scheduled within three months of purchase or is considered void. Appointments can be scheduled based on availability windows and are first come, first served. The Company makes no guarantee that session time will be available to fit Your personal schedule, but will make every effort to do so.
The program includes 3-month access to the Build Your Damn Business online learning program starting at the time of purchase. Your credit card on file will be automatically charged for either $47/month or $450/year at the start of the 4th month. Your account will continue to be automatically charged unless canceled directly by emailing email@example.com. Rules and Restrictions of content shared on Build Your Damn Business platform are below.
The program includes one (1) ticket to a half-day seminar. The details of the seminar, including date, time, location, featured speakers, and catered food will be announced at a later date to appropriately plan for the guest count, weather, and speaker availability. Event access requires registration to the event once announced. Additional tickets to the event may be made available for purchase during registration, but are not guaranteed. Tickets are transferable but not refundable. In the event a guest cannot attend the seminar, they will be awarded a complimentary ticket and priority registration for future events. If an event ticket is unused after twelve months by either the purchaser or a designated proxy, it will be considered void.
- Availability of Content. The availability of Content may change from time to time and The Company does not guarantee that any Content will be available or remain available on the Website or through the Services. The Company reserves the right to modify or remove Content without notice for any reason.
- Access Eligibility. You must be at least eighteen (18) years of age to register to use the Website and Services. The Company’s Services are available only to individuals who can form legally binding contracts under applicable law. The Company reserves the right to refuse access to, or use of our Website or Services to anyone not complying with this Agreement, at any time, in its sole discretion.
- Monthly Subscription Fee. In order to use the Services, You will be required to pay Build Your Damn Business’ standard monthly subscription fee which shall be posted on the Website (“Monthly Subscription Fees”). The Company may modify the Monthly Subscription Fees from time to time by posting new Monthly Subscription Fees to the Website, and Your continued use of the Services will be considered an acceptance of the updated Monthly Subscription Fees. In the event You do not agree to the updated Monthly Subscription Fees, Your only remedy is to terminate your Account. At the time that You establish an Account, You will be required to place a credit card on file with Your Account in order to pay the Monthly Subscription Fee, and You authorize The Company to automatically charge Your credit card the Monthly Subscription Fee monthly based on the day You established Your Account. You shall be solely responsible for managing Your credit card on file with Your Account. You represent and warrant to The Company that You are the holder of all credit cards on file with Your Account, and if You are not the account holder of a credit card, You have all requisite power and authority to use and incur charges on such credit card on behalf of the account holder. In the event that Your credit card no longer processes or Build Your Damn Business believes that You are not authorized to incur charges on a credit card with Your Account, Build Your Damn Business may immediately suspend Your Account.
- Electronic Communications. When You send e-mails to The Company, visit the Website, or participate in a webinar, You are communicating with The Company electronically. By registering Your Account, You agree that The Company may send e-mails to You and You consent to receive e-mails or other electronic communications from The Company. Generally, The Company will communicate with You by e-mail or by posting notices on this Website.
- Term. This Agreement shall remain in full force and effect while You are using the Website or Services whether You are a visitor or a registered User. You may delete Your Account at any time, by logging into your Account and selecting the option to delete your Account. Upon deletion of your Account, the Monthly Subscription Fee will cease. However, please note that even if You delete Your Account but continue to use the Services as a visitor, Your use of the Services is still subject to this Agreement. The Company may terminate Your Account or rights to use the Services for any or no reason at any time by ceasing to provide the Services to You. You understand that termination of this Agreement and the Account You have created with The Company may involve deletion of Your Account information from The Company’s databases. The Company will not have any liability whatsoever to You for any termination of Your Account or related deletion of Your information.
- Ownership of Services and Content.You acknowledge that all the intellectual property rights in the Website, Services, and Content are owned by The Company or its third-party licensors. You agree not to: (a) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Website, Services, or related Content, or the Content’s underlying text, software, graphics, photos, sounds, music, videos, or interactive features; (b) rent, lease, loan, or sell access to the Services; and (c) use the Content in conjunction with any business which provides webinars, training workshops, events, or coaching designed to help small business owners to grow or develop their business, to market their business, or to address organizational challenges.
- Grant of License. The Company grants You a personal, revocable, non-exclusive, non-transferable, non-sublicensable, world-wide, license to access and use the Services solely for personal, non-commercial purposes as permitted by this Agreement. This license to You will automatically terminate if you violate this Agreement. Specifically, a User may not share the Services with anyone not associated with the User’s business. Except for the foregoing limited license, no right, title or interest is transferred to You. The Company may allow you to store encrypted, cached Content on Your computer, tablet, smartphone or other compatible internet-connected device. You may not transfer copies of cached Content to any other device, network, blog, social media account, or website without the express written permission of The Company. In the event that you use the Services or any Content in violation of this Agreement, You consent in such event to the granting of injunctive relief against any continuing breach, together with any other remedies available to The Company.
- Violation of this Agreement. Any use of the Website or Services in violation of this Agreement may result in, among other consequences, termination or suspension of Your Account and rights to use the Services, and The Company may disclose information about Your use of the Services in accordance with the buildyourdamnbusiness.net Policy.
- Lawful Use. You will use the Website, Services, and Content in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes.
- Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE WEBSITE, SERVICES, AND CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND CONTENT ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO PROMISES REGARDING RESULTS OF USING THE SERVICES AND CONTENT AND THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY APPLICATION THROUGH THE USE OF THE SERVICES OR CONTENT SHALL BE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE, OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. YOU AGREE THAT THIS WEBSITE, THE COMPANY, ITS OWNERS, OFFICERS, AND EMPLOYEES SHALL IN NO WAY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICES OR CONTENT.
- Indemnification. You agree to indemnify and hold harmless this Website, The Company, its officers, directors, employees, third party licensors, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that You have used the Services or Content in violation of another party’s rights, in violation of any law, in violations of any provisions of this Agreement, or any other claim related to Your use of the Services.
- Governing Law and Venue. Your use of the Website and this Agreement shall be governed by the laws of the State of Tennessee where permitted. Should a dispute arise concerning this Agreement or the breach of this Agreement by any party, such dispute shall be brought in a court of competent jurisdiction in Davidson County, Tennessee. To the extent permitted by law, You agree that You will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that You may have against The Company. You agree to the entry of injunctive relief to stop such a lawsuit or to remove You as a participant in the suit.
- Attorneys’ Fees. In the event that The Company must bring legal action in order to enforce this Agreement or You bring legal action against The Company, and if The Company prevails, You shall pay The Company’s costs of litigation, including reasonable attorneys’ fees and court costs.
- Assignment. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by The Company without restriction
- Survival of Terms. The terms of Sections 3, 4, 6, 8, 9, 10, 12, 13, 14, 15, 16, and 17 of this Agreement shall remain in full force and effect notwithstanding the termination of this Agreement.
- Notice and Service of Process. All notices, requests, claims, demands and other communications to Build Your Damn Business shall be in writing and shall be given (and shall be deemed to have been duly given upon receipt) by delivery in person or by registered or certified mail (email is not considered a valid method of communication for service of process to The Company). User shall send notices to The Company as follows:
- Build Your Damn Business
- PO Box 160103
- Nashville, TN 37216
- The Company is authorized to send any notices to a User under this Agreement to the mailing address, facsimile number and/or e-mail address associated with such User’s Account, as such information may be updated by User from time to time. In the event that a User does not have a valid mailing address, facsimile number and/or e-mail address associated with User’s Account, User agrees that service of process through the Secretary of State where User resides or is organized, shall be deemed effective service of process.
- Force Majeure. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.
Effective Date: September 15, 2017
Personal Information Defined
Browsing the Website
If You browse through the Website without entering any Personal Information, The Company will automatically gather and store certain information about Your visit. This information does not identify You personally and cannot be linked back to You unless You decide at some point to identify Yourself. If You are only browsing, The Company may collect the following information (whenever possible): IP address, domain name, the type of browser and operating system used to access the Website, the date and time You access the Website, the pages You visit (click-through), and if You linked to the Website from another website, the address of that website as well as additional information related to Your visit. The Company uses Your IP address to help diagnose problems with our server, and to administer the Website.
Personal Information The Company Collects
The Companys collects the following Personal Information that You submit voluntarily. Subscribing for an Account requires You to provide The Company with Your name, location, e-mail address, physical addresses, telephone numbers, credit card information, and business organization. Personal Information may also include other personally identifiable information You may affirmatively provide to us.
The Company does not knowingly collect personally identifiable information by anyone under the age of 18. Do not subscribe for an Account if You are under the age of 18 and do not provide The Company with any information regarding any individual under the age of 18.
Use of Personal Information
Personal Information You submit to The Company, or to third parties that support us in collecting information, is used by us to provide You and other Users with the Services, to respond to requests that You make, to improve our Services, and to operate, maintain, and improve the features, functionality, performance, and support of the Services.
The Company uses the Personal Information that it gathers about You for the following purposes:
- To provide our Services to You, to communicate with You about Your use of the Services, to respond to Your inquiries, which may include communicating with You via email
- To tailor the content and information that The Company may send or display to You while using the Website or using the Services
- For marketing and promotional purposes. For example, The Company may use Your information, such as Your email address, to send You news and newsletters, special offers, and promotions, or to otherwise contact You about products or information The Company thinks may interest You, including the products and services of promotional partners. The Company also may use the information that The Company learns about You to assist us in advertising our Services on third party websites.
- To better understand how users access and use the Website and Services, both on an aggregated and individualized basis, to improve the Website and Services and respond to user desires and preferences, and for other research and analytical purposes
Disclosure of Personal Information
California Online Privacy Protection Act Compliance
Legal Obligation to Disclose
Changing Personal Information
You may change Your Personal Information or may terminate your Account by notifying us in writing at:
Build Your Damn Business
Care of: firstname.lastname@example.org
PO Box 160103
Nashville, TN 37216
Any termination of Your account may involve deletion of Your Account information from The Company’s databases and all the information and data stored for such Account. The Company will not have any liability whatsoever to You for any termination of Your Account or related deletion of Your information.
On occasion The Company will make available to potential advertisers, research firms, and business partners aggregated results from research it has conducted regarding visitors to the Website. The Company may count, track, and aggregate visitor activity into our analysis of general traffic flows to the Website and may merge this information into group data, which may then be shared on an aggregated basis with potential advertisers, research firms, and business partners. In such case, The Company will only provide demographic information on an aggregated basis and does not disclose individual reader information.
Links to Other Web Sites
Notification of Privacy Statement Changes
Contacting The Company
Build Your Damn Business
Care of: Anna-Vija McClain
PO Box 160103
Nashville, TN 37216