Terms & Conditions

Effective date: January 20, 2020

This Agreement (“Agreement”) is made effective by and between The Social Barber, Inc (the “Company”), and purchaser of the digital product (hereafter “Client”), for the purpose of Client purchasing a digital product from Company’s online shop (the “Product”). Client agrees to the terms and conditions below by checking the box in the online shopping cart checkout or by submitting payment for the Product.

1. Digital Product Usage 

After purchasing the digital product, Client will be given access to the product materials in within [48 hours] through an email from The Social Barber Academy. Client will have access to the materials in accordance to the time frame expressed on each individual offer. Client Company hereby grants to Client one (1) exclusive, non-sublicensable, non-transferable, license to use the Product. Client understands and agrees that the Product materials may not be shared with any third party. In the event Company suspects that the Product is being shared with another party, Company reserves the right to immediately terminate Client’s access to the Product. 

2. Fees & Payment Processing 

In consideration for access to the Product provided by Company, Client agrees to compensate Company the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, Client shall provide a new eligible payment method before receiving access to the Product. In the event Client has already been given access to the Product and a payment method is declined, Company reserves the right to collect any and all outstanding receivables.

3. Refund Policy 

Due to the nature of digital products being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by Client in connection with the Product will be allowed under any circumstances.

4. Personal Information

By purchasing the Product, Client will be asked to provide personal information including his/her name, email address, mailing and billing address. Client agrees to allow Company access to this personal information for all lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information.

The billing information provided to Company by Client will be kept secure and is subject to the same confidentiality and accuracy requirements as Client’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.

3. Intellectual Property.

A. Copyright. United States copyright laws protect all materials created by Owner and/or Company on the Site and within the Program as original works. All materials belong to Owner and/or Company,  including those with the absence of a registered copyright symbol. This Program and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and within Company’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, lead magnets, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”).

B. Non-Exclusive License. If Company provides Intellectual Property on the Site and/or within the Program that Client can download, a revocable, non-exclusive license is granted for Client to download copies of the materials for personal, non-commercial transitory viewing only. Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use. 

Nothing in this Agreement shall transfer ownership of or rights to any Intellectual Property of the Company to the Client, nor grant any right or license other than those stated in this Agreement. Client acknowledges that his/her purchase of this Program is for their single individual use. Client shall not copy, reproduce, translate, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise. 

This is the grant of a license, not a transfer of title, and under this license Client shall not:             

      1. modify or copy the Intellectual Property;
      2. use the Intellectual Property for any commercial purpose, or for any public display (commercial or non-commercial);
      3. share or transfer the Intellectual Property to another person or “mirror” the materials on any other server.

If Client is also a business owner or professional in a similar industry, Client shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:

      • Teaching Client’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Client’s own;
      • Copying any of Company’s Product content and/or material for Client’s commercial use;
      • Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent.

C. Infringement of Intellectual Property This license shall automatically and immediately terminate if Client violates any of the restrictions regarding Company’s Intellectual Property. Upon Company’s suspicion that Client violates any of the above Intellectual Property restrictions, Client’s access may be terminated by Company at any time. 

Suspicion includes, but is not limited to: 

      • identification of Client content that is based off of Company’s proprietary framework;
      • identification of Client content that is almost identical and/or confusingly similar to Company’s content; 
      • notice from third-party of confusingly similar content between Client and Company.

Upon terminating Client’s license, Client must destroy any downloaded materials in Client’s possession whether in electronic or printed format.

In the event that Company receives information that Client has misappropriated or used any of the Intellectual Property belonging to Company, Company reserves the right to:

      • Immediately remove Client’s access to the Program;
      • Investigate Client’s usage of the Intellectual Property, including purchasing access to Client’s content (ie. courses, programs, etc);
      • Block Client from accessing future programs or content belonging to Company;
      • Recover all funds expended on investigating Client’s infringement of Company’s Intellectual Property, including (and especially) legal fees, administrative costs for Company to resolve the matter, and fees spent to access Client’s material to investigate any infringement,

If Company discovers that you have illegally misappropriated or used any of the intellectual property you were granted access to, you will be blocked from any future programs and will seek any extent of legal remedies and you will be required to cover all legal fees necessary to enforce these rights.  

 

6. Warranties and Liability 

Company makes every effort to ensure that the Product is accurate and fit for the use of Company’s customers. However, Company takes no responsibility whatsoever for the suitability of the Product, and Company provides no warranties as to the function or use of the Product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. Client agrees to indemnify Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Client’s breach of these terms and conditions. Company shall not be liable to Client or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages. 

7. Force Majeure

If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.

8. Guarantees 

Company does not make any guarantees as to the results, including financial or other personal gains, of Client’s use of the Product. Client agrees to take responsibility for Client’s own results with regard to using the Product.

9. Release & Reasonable Expectations 

Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s Product will produce different outcomes and results for each Client. Client understands and agrees that: 

▪ Every client and final result using the Product is different;

▪ The Product is intended for a mass audience.

10. Entire Agreement

This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.

11. Venue and Jurisdiction

The laws of the State of North Carolina shall govern this contract, and any resulting arbitration shall take place within Mecklenburg County, North Carolina. Both parties assume responsibility for all collection costs and legal fees incurred should enforcement of this Agreement become necessary. 

12. Mediation and Arbitration 

Any and all disputes or disagreements rising between the parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Mecklenburg County, North Carolina, unless another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

13. Transfer 

This agreement cannot be transferred or assigned to any third party without written consent of both parties.

14. Severability

 In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement. 

15. Contact Us

If you have any questions, concerns or complaints about this [[ Insert Policy Name Here ]], please contact us:

 
 

Last revised: November 4, 2021