Please read these Terms and Conditions (“T&C”) carefully. You must agree to these T&C before you are permitted to use any digital products from Brand Soirée, LLC (collectively “the Products”).
If you do not agree with these T&C, you may not use the Products. As used in these T&C, the term “Releasees” is defined to include the following: (i) Brand Soirée, LLC and brandsoiree.com, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively “the Company”); (ii) any Company volunteers; (iii) Brand Soirée.
Payment and Refunds
You agree to pay for the Products at the price listed. If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card as payment for the Products, without any additional authorization, for which you will receive an electronic receipt.
In the event that payment is not received by the date due, you will have a three (3)-day grace period to make the payment, otherwise we reserve the right to terminate your access to the Products and all Content immediately and permanently.
Your satisfaction with the Products is important to us. However, because of the extensive time, effort, preparation, and care that go into creating and providing the Products, we have a no-refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of the Products and no refunds will be provided to you at any time. By using and/or purchasing the Products, you understand and agree that all sales are final and no refunds will be provided.
Since we have a clear and explicit Refund Policy in these T&C that you have agreed to prior to completing the purchase of the Products, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, in addition to any other available legal or equitable remedies, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
Ownership of The Guides & Content
The words, design, layout, graphics, photos, images, information, materials, documents, data, databases, templates, and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Products, and contained in downloads, emails or attachments sent to you or accessible by you from the Company (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
Intellectual Property Rights
The Company’s Limited License to You: If you view, purchase, or access any Product or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted an individual, revocable, non-transferable and non-resalable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of the Products and Content for your own personal purposes or your own business only.
You may not republish, reproduce, duplicate, copy, sell, display, distribute to friends or family, or otherwise use any material from the Products or Content for commercial purposes or in any way that earns you money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Products or Content for personal use, you in no way assume any ownership rights of the Content—it is still Company property. Any reproduction or unauthorized use of any materials found in the Products or Content shall constitute infringement, which is explained more fully below in the section on Unauthorized Use.
You must receive our written permission before using any of the Products or Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Products or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission. All rights not expressly granted in these terms or any express written license are reserved by us.
Your use of any materials found in the Products or Content other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Products in the event of your Unauthorized Use, or $5,000 USD, whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
Request for Permission To Use The Content
If you wish to use any of the Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Content by sending an email to email@example.com.
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways for which you have not been given specific, written permission by the Company, you agree now that you will be treated as if you had copied, duplicated, and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Products and Content.
The Company reserves the right in its sole discretion to refuse or terminate your access to the Products and Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Products or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to the Products and its Content will still apply now and in the future, even after termination by you or the Company.
Disclaimers and Indemnification
The Products and Content provide information and education only, and do not provide any financial, legal, medical, or psychological services or advice. You are responsible for your own physical, mental, and emotional well-being, decisions, choices, actions, and results. The Company disclaims any liability for your reliance on any opinions or advice contained in the Products.
Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products, or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
The Company tries to ensure that the availability and delivery of the Products and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates; although, of course, we will try to limit the frequency and duration of suspension or restriction.
THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE PRODUCTS AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PRODUCTS OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PRODUCTS, INCLUDING THE MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, OR SERVICES MADE AVAILABLE THROUGH THE PRODUCTS.
The Company controls and operates the Products from offices in the United States. The Company does not represent that materials on the Products are appropriate or available for use in other locations. People who choose to access the Products from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to defend, indemnify and hold harmless the Company and any directors, officers, agents, contractors, partners, assignees, successors-in-interest, and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Products or Content in violation of these T&C, (ii) any breach by you of these T&C or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Products or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
You expressly agree that these T&C are intended to be as broad and inclusive as permitted by the law of the State of South Carolina, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
The Company may change, modify, or update these T&C at any time without notice. Any access or use of the Products or Content by you after the Company publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact firstname.lastname@example.org.
By clicking on the box when purchasing the Products, you are providing the electronic equivalent of your signature and assert that you have read, understood, and agreed to this entire document. If you do not agree with these T&C, do not purchase or use the Products or access the Content.
If you have any questions about these Terms, please contact us at email@example.com.
Last updated: March 5, 2018