Terms

TERMS OF USE

Last Updated: April 15, 2021

 

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and The Social Media Posse LLC which governs your use of Services (defined below) obtained through this website at thesocialmediaposse.com or any related domains or subdomains (the “Website”).  In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with the Site, and “Company”, “we”, “us” and “our” refer to The Social Media Posse LLC.

 

“Services” referred to by these Terms include but are not limited to: courses and coaching to help influencers grow and monetize their audiences or other information available through the Website.  All such Services are the intellectual property of and are owned by The Social Media Posse LLC


By using or purchasing any of our Services, you agree to be bound by these Terms, without any other conditions or declarations. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use our Website

You agree, by accessing and using our Website, that you are at least 18 years old or supervised by a parent or guardian, and legally able to agree to these Terms of Use.   

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Privacy Policy

The Company respects your privacy. Please refer to the Company’s Privacy Policy (found here: https://www.thesocialmediaposse.com/pages/privacy-policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use our Services, you signify your agreement to the Privacy Policy as well as these Terms of Use.

Content Disclaimer

The information and content provided through this Website and related communications is for educational and informational purposes only. User’s decision to use information provided through this Website or related services and communications is purely voluntary and user acknowledges, understands, and agrees that they use such information at their own risk. The Social Media Posse LLC is not liable for any harm or damages arising from or related to Client’s or any Website visitor’s use or non-use of information or content provided through this Website or related services and communications.

 

The Social Media Posse LLC does not make any guarantees of users results or likely outcome from our services or use of the information contained on this Website. The Social Media Posse LLC does not guarantee any specific outcome of any kind, whether financial, physical, emotional, psychological, social, spiritual, legal, or otherwise. User’s outcome may be influenced by numerous variables including, but not limited to, their cooperation, focus, energy, and dedication, as well as the influence of outside circumstances and variables.

No Professional Relationship

Elizabeth Dean is not a licensed professional and does not hold herself out to be. We expressly recommend that you seek advice from a professional. You hereby acknowledge that nothing contained in the Website shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created by your access and use of the Website. A professional relationship can and will only be created after the execution of a formal letter of engagement for professional services. 

Not Professional Advice

The information contained on this Website is not a substitute for professional advice. You are encouraged to seek professional advice and counsel. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a professional to address your particular situation.

 

Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

User Rights, Conduct, and Limitations

Your privacy is important to us. Please review our Privacy Policy for information about what data we collect, how we collect your data, why we collect your data, how long we retain your data, when we may share your data, and your rights regarding your personal data.

If you are under 18, you must obtain parental consent to use this Website. In our sole discretion, we reserve the right to refuse service, remove or edit content, and terminate accounts.

You hereby acknowledge and agree that these Terms of Use are supported by reasonable, adequate, and valuable consideration including, but not limited to, your access to the information and resources provided through this Website.

Users may access and use this Website for lawful purposes only. By accessing this Website, you agree not to post, transmit, email, or in any other way make available content that infringes on the trademark, copyright, propriety, or privacy rights of any entity or individual including personal data belonging to another person such as their email address, telephone number, credit care information, postal address, or other sensitive data.

You agree not to post, transmit, email, or in any other way make available content that is obscene, defamatory, pornographic, sexually explicit, promotes violence, contains hate speech, or invades the privacy of another.

You agree not to access this Website to carry out commercial activity or transmit spam.

You agree not to interfere with advertisements or safety features on this Website in any way including blocking or obscuring such advertisements or safety features.

You acknowledge and agree that The Social Media Posse LLC in its sole discretion, may remove any content it deems to violate these Terms of Use or otherwise constitute a criminal offense, fraud, or potentially create civil liability.

In the event of third-party legal action against you arising from or relating to your use of this Website, you agree to hold harmless and indemnify The Social Media Posse LLC from any related claims or actions.

Information & Passwords

You may be asked to register and create a personal account to access certain features and functions of the Website.  You are solely responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your account.  The Company does not retain liability or responsibility for such use.

Membership Services

We may offer membership services for online training, courses, resources and other content. Your use of and access to all such membership services will be governed by these Terms of Use, or Privacy Policy, and all other contracts or terms related to the specific membership service. In order to use the membership service(s), you will be required to provide information about yourself including your name, email address, debit/credit card information, and other personal information. You agree that any registration information you give to us will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the membership service, violate any laws.

Membership packages may vary according to the level of individual membership. We reserve the right to change the benefits that apply to your membership services at any time. Members are responsible for the payment of all charges applicable to your requested membership level. We reserve the right to reject or cancel your membership if we are unable to obtain payment for the membership services from the issuer of your credit/debit card or payment by other means. If a payment card charge is declined for any reason, we may suspend or terminate your membership. We reserve the right to assign a delinquent member account to a third party collection agency. If your individual membership is cancelled or lapses for any reason, you will be required to re-purchase a new membership.

You may voluntarily cancel your membership by contacting us via email or by accessing your account and unsubscribing from the membership service(s) prior to the renewal date. If you do email us to cancel your membership or cancel via the cancellation instructions in your online account before the renewal date, the payment for the renewal period of your subscription will be processed. No refunds of fees will be provided to you in the case of cancellation of a membership.

If you sign up for a free trial, you may cancel at any time during the free trial period and incur no charge. Monthly subscriptions will be billed on a monthly basis and can be cancelled at any time and are not eligible for a refund. For purchases of subscriptions longer than one month where the entire subscription amount is billed at one time (for example, 6 month or annual subscriptions), you may cancel during the first 30 days and receive a full refund. For all subscriptions longer than one month, you may cancel any automatic renewals within 15 days of the renewal date by contacting us via email. All refunds will be given to the original credit card on which the purchase was made. Please allow a reasonable time or the refund to reach you or be charged back to your account. 

Submissions

In your use of this Website, you may submit comments, suggestions, reviews, questions, and other information. However, any submissions that contain illegal, obscene, or threatening information will be removed, and you may be prohibited from future use of this Website. You also may not submit any type of spam including, but not limited to, mass mailings or chain letters, political campaign material, or commercial solicitations. You may not transmit any information which infringes on another party’s intellectual property, invades the privacy of another, or in any other way causes injury to another individual. You may not transmit data containing software viruses. Any violation of these terms may result in an immediate termination of your right to access this Website and may prohibit you from future use of this Website.

We reserve the right to edit and remove any content generated by or involving you on our Website. We assume no responsibility or liability for any content sent or posted by you or any other person.

Subject to the terms set forth in our Privacy Policy, no user submissions will be treated as confidential and your submission of data or information to us does not form a confidential or fiduciary relationship, nor does it create any expectation of confidentiality between you and The Social Media Posse LLC.

Intellectual Property Rights and Limited License

The Social Media Posse LLC reserves rights to all content, information, data, text, logos, design elements, headers, service marks, trademarks, photographs, images, videos, blog posts, program and product names, graphics, color schemes and artwork published, to the extent protectable, on this Website, as well as any and all information assessed through this Website which is proprietary.

Our Limited License to You

By accessing and viewing this Website, The Social Media Posse LLC grants you a limited, non-transferrable, revocable license to view content on this Website. If you purchase any product or service through this Website, you may download purchased content subject to a limited, non-transferrable, revocable license for your own personal, non-commercial use to download, view, and copy the material. You are prohibited from reselling or distributing such purchased material.

No other use of our content is permitted without the express written consent of The Social Media Posse LLC.

You may not use any Intellectual Property belonging to The Social Media Posse LLC without express written consent. You may not copy, reproduce, repost, alter, manipulate, sell, or distribute any of the Intellectual Property of The Social Media Posse LLC without our express written consent.

If you violate any portion of these terms, you must destroy any copies you made of our content immediately and your right to access and use this Website and content shall terminate automatically. We reserve the right to take any and all appropriate legal action against infringement upon our intellectual property rights. Furthermore, if your violation of these Terms involves or relates to materials you have purchased through this Website, we reserve the right to revoke your access to that material, without refund, and take any appropriate legal action.

Your License to Us

By publicly posting any original content on our Website, you agree to assign any intellectual property rights to that content to us in exchange for the good and valuable consideration of accessing and using our Website.

If you submit to us your original content through our Website, social media accounts, webinars, or any other public medium, you acknowledge, understand, and agree that you are granting us an irrevocable, unlimited, non-exclusive, perpetual, and royalty-free worldwide license to copy, edit, use, distribute, sell, or publicly display any content you post.

Refund Policy

Please consult the relevant refund policy for each specific product or service before completing a purchase. https://www.thesocialmediaposse.com/pages/refund-policy

 

 

Copyright Claims

We will review all copyright infringement claims that we receive and remove any content posted or distributed in violation of U.S. copyright law. To notify us of a claim of copyright infringement, please include all information and details required by the Digital Millennium Copyright Act and send notice of your claim to the Company using our contact information below. 

Technology Disclaimer

By accessing and using this Website, you acknowledge, understand, and agree that The Social Media Posse LLC makes no representations, warranties, or guarantees regarding the function or condition of our Website including any features or links. You further understand and agree that The Social Media Posse LLC shall not be liable to you for any loss, damage, inconvenience, or interruption to your business caused by the existence of viruses, or lack of accessibility or availability of this Website.

Testimonial

At various places on this Website, you may find testimonials from clients and customers of the products and services offered on this Website or by the Company. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Website.

Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Website or by the Company.

Affiliate Disclaimer

Some of the links on this Website may be affiliate links controlled by third-parties or links to products and services for which The Social Media Posse LLC earns an affiliate fee, referral fee, or commission. We shall use reasonable efforts to provide notice of any affiliate relationship to a link on this Website. By clicking on an affiliate link on this Website or related communications, you expressly accept liability for any and all consequences of visiting the third party Website or purchasing those goods or services.

Earnings Disclaimer

At The Social Media Posse LLC we make no guarantees or financial claims of any kind regarding any potential income you may earn or generate by using our products or services, or implementing information provided through this Website or any of our resources. From time to time, the Company may report on the success of one of its existing or prior clients/customers. You acknowledge that the prior success of others does not guarantee your success.

As with any business, your results may vary and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. There is no guarantee that you will make any income at all and you accept the risk that the earnings and income statements differ by individual. Each individual’s success depends on his or her background, dedication, desire and motivation.

The use of our information, products and services should be based on your own due diligence and you agree that the Company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products, and services reviewed or advertised on this Website.

No Guarantees

You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. You recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of the Company or otherwise – applying the principles set out in this Website or through any of our services are no guarantee that you or any other person or entity will be able to obtain similar results.

Payments and Fees

Website users must pay any and all applicable fees and taxes for purchases of services or products they make on our Website. You must provide accurate and up-to-date billing and credit card information. By making a purchase, you consent to The Social Media Posse LLC authorizing your credit card, debit card, bank account, or any other payment form provided to process the full payment of fees and applicable taxes, through our third-party payment processor.

If your billing information changes or your account or credit card is lost, stolen, or compromised, you must promptly inform us. If your purchase requires ongoing automatic payments and the credit card information you provided us with expires, you hereby authorize The Social Media Posse LLC to determine or obtain replacement expiration dates for your credit card in order to process your authorized payment.

REVIEWS​

At various times, we may provide reviews of products, services, or other resources. This may include reviews of books, services, and/or software applications. Any such reviews will represent the good-faith opinions of the author of such review. The products and services reviewed may be provided to the Company for free or at a reduced price as an incentive to provide a review. Regardless of any such discounts, we will provide honest reviews of these products and/or services. You recognize that you should conduct your own due diligence and should not rely solely upon any reviews provided on this website.

Compliance with Applicable Laws

Our Website is based in the United States. If you access or use our Website, or view, download, or use content from our Website, you do so at your own risk. We make no claims as to whether our Website or content may be accessed, used, viewed, or downloaded outside of the United States.

Disclaimer of Warranties; Limitation of Liability

THIS WEBSITE AND ANY CONTENT CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE RESERVE THE RIGHT TO MAKE CHANGES, ADDITIONS, CORRECTIONS, AND IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE. WE MAKE NO REPRESENTATIONS OR GUARANTEES OF THE ACCURACY OF ANY INFORMATION ON THIS WEBSITE. WE ARE NOT RESPONSIBLE FOR ANY TECHNICAL, TYPOGRAPHICAL, OR PRICING ERRORS ON THIS WEBSITE, EXCEPT AS REQUIRED BY LAW. YOU USE THIS WEBSITE AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, The Social Media Posse LLC DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. The Social Media Posse LLC DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE FREE FROM ERROR, DESTRUCTIVE FEATURES, COMPUTER VIRUSES OR OTHER CONTAMINATION.

FURTHERMORE, The Social Media Posse LLC DOES NOT MANY ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, CORRECTNESS, RELIABILITY, OR YOUR RESULTS FROM YOUR USE OF THE CONTENT, SOFTWARE, SERVICES, INFORMATION, OR FACILITIES OF THIS WEBSITE.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO OR ARISING OUT OF YOUR RELATIONSHIP WITH THE COMPANY MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IF PERMANENTLY BARRED.

IN NO EVENT, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS DISRUPTION, THROUGH ANY ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE OR ANY CONTENT CONTAINED ON THIS WEBSITE. IN ANY AND ALL CIRCUMSTANCES, YOUR MAXIMUM REMEDY AND THE MAXIMUM LIABILITY OF The Social Media Posse LLC WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE0, OR OTHERWISE, SHALL BE LIMITED TO THE FEES YOU HAVE PAID TO US IN CONNECTION WITH ANY SERVICES OR PRODUCTS PURCHASED DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO YOUR CLAIM.

Indemnification

BY ACCESSING AND USING THIS WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS The Social Media Posse LLC FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, EXPENSES, LIABILITIES, CAUSES OF ACTION, AND/OR CLAIMS ARISING OUT OF OR RELATED TO YOUR BREACH OF THESE TERMS, YOUR VIOLATION OF THIRD PARTY RIGHTS, OR YOUR MISUSE OF THIS WEBSITE OR OUR CONTENT.

Termination

Any violation of these Terms of Use may lead to termination of user’s access to this Website and/or appropriate legal action. In our sole discretion, we may, for any reason, limit, restrict, suspend, or terminate your access to this Website without prior notice or liability.

Jurisdiction

The terms of this Agreement will be governed by the laws of the Utah. The state and federal courts located in Utah will have exclusive jurisdiction over any case or controversy arising from or relating to this agreement, use of this Site, or any products or services provided by The Social Media Posse LLC or disputes arising out of or relating to your use of this Website. You hereby unconditionally and irrevocably consent to the personal and subject matter jurisdiction of the federal and state courts of the State of Utahfor purposes of any claim or action arising out of or relating to these Terms.

By accessing or using this Website, you consent irrevocably to personal jurisdiction in such courts in relation to any matter in connection with your use of this Website or use of services provided by or products purchased from The Social Media Posse LLC and waive any defense of forum non conveniens. Through your access and use of this Site, you are deemed to have knowingly and voluntarily waived any right to a trial by jury in any case or controversy related to this Agreement, use of this Website, or any services provided by or products purchased from The Social Media Posse LLC.

Dispute Resolution

If a dispute arises from or relating to this Agreement, our Content, or Website, and the Parties are unable to settle the dispute through direct communication, the Parties agree to first try to settle the dispute by mediation with the help of a mutually agreed upon mediator in Utah. The Parties shall share any costs and fees related to the mediation equally, other than attorney fees. If mediation does not resolve a controversy or claim arising out of or related to this Agreement, the Parties further agree that any unresolved controversy or claim arising out of or related to this Agreement will be settled by arbitration administered by the American Arbitration Association and the judgment on the arbitration award may be entered in any court having jurisdiction over the matter.

Contact Us

The Social Media Posse LLC welcomes your questions or requests regarding this policy. Please contact us at:

The Social Media Posse LLC

[email protected]

6890 S 2300 E
Box #712184
Cottonwood Heights, UT 84121

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