TERMS OF SERVICE
Thank you for viewing and using the software and its select features made available via this website (the "Website"). The technical features associated with this Website are provided to you by SJA Media Partners LLC ("SJA", "We", " Our " or " Us "). This document ("Agreement") provides and explains terms and rules (" Terms ") that apply to all authorized uses of the Website including access to and use of any features, products, web pages, materials, webinars, opt-in pages, product funnel pages and otherwise. We reserve the right to update or modify these Terms. This Agreement applies to all visitors to this website, users, and others who use the Website or its feature.
WE ARE NOT THE DESIGNERS OR CREATORS OF ANY CONTENT DISPLAYED ON THIS WEBSITE, WE ONLY PROVIDE THE BACKEND TECHNOLOGY. FOR INFORMATION REGARDING YOUR INTERACTION WITH ANY CONTENT DISPLAYED ON THIS WEBSITE, PLEASE CONTACT THE CONTENT CREATORS VIA THE CONTENT CREATOR CONTACT DETAILS PUBLISHED ON THIS WEBSITE.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, non-transferable, non-sublicensable, limited, freely revocable license to use the tools and features of the Website as permitted by SJA, conditioned on your strict continued compliance with these Terms. We reserve all rights not expressly granted this Agreement. We may terminate this license at any time without prior notice for any reason or for no reason.
Individuals that comply with these Terms may access and use the Website for its limited purpose and in accordance with these Terms.
If you use the Website or the Services to view, access communicate with, interact with, or exchange information with any landing pages, product pages, affiliate pages, sales pages, upsell pages, webinar participation and sign up pages, or other web pages (" Web Pages )" you represent and warrant that use of the Web Pages and the underlying service will be in compliance with these Terms and with all local, state and federal laws, rules and regulations applicable to your use of the Website.
If you use the Website to view, access communicate with, interact with, or exchange information with any online video (" Webinar "), and to register for Webinars, use "waiting room" pages, and use "webpage" pages that display the Webinar (" Webinar Web Page "), you represent and warrant that your use of Webinars and Webinar Web Page and all related functions and services will be in strict compliance with these Terms and with all local, state and federal laws, rules and regulations applicable to your use of the Service.
To the extent applicable to your use of the Service, you shall at all times comply with the CAN SPAM Act of 2003, the Telephone Consumer Protection Act (47 U.S.C. §227), the Do-Not-Call Implementation Act and the Do-Not-Call list registry rules (http://www.donotcall.gov), the Telemarketing Sales Rule, 47 C.F.R. § 64.1200 et. seq., and all other state or local laws, rules, regulations, and guidelines relating to calling or texting, including without limitation, rules, regulations and guidelines set forth by the Federal Trade Commission and the Federal Communications Commission (collectively, the "Calling Laws"). You agree that, as between the parties, you are the initiator of any call, SMS/MMS message, or other communication transmitted through the Service and for all content relating to, inducing, or encouraging calls, SM/MMS messages or other communications to take place. SJA is not responsible for reviewing the contents of any communication transmitted through the Services or transmitted by you related to your use of the Service, nor is it responsible for obtaining any necessary consents or permissions from the message recipients.
We may, without prior notice, change the Website or the Services; stop providing the Website or one or more features of the Website or the Services, to you or to Users generally; or create usage limits for the Website. We may permanently or temporarily terminate or suspend your access to the Website or the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, for maintenance, repair, or upgrades to the Website or the Services, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
The Website or the Services may allow Users to submit, upload, provide, transmit, or otherwise make available content such as videos, webinars, images, music, text, comments, questions, opt-in pages, product funnels, and other content or information (any such materials a User submits, uploads provides, or otherwise makes available on the Website or to the public is referred to herein as " User Content ").
We do not review or prescreen any User Content, and claim no ownership rights over User Content created by you. The User Content you create remains yours.
By submitting, providing, or otherwise making available any User Content on or through the Website or the Services , you expressly grant, and you represent and warrant that you have all rights necessary to grant, to SJA a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.
For the purposes of this Agreement, " Intellectual Property Rights " means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, designs, trade secrets, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
The Website may collect information from you (" Customer Data "). SJA will not be responsible for any backup, recovery or other steps required to ensure that Customer Data is available or recoverable in the case of data loss.
The Website and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, designs, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the " SJA Content "), and all Intellectual Property Rights related thereto, are the exclusive property of SJA and its licensors and licensees. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any SJA Content. Use of the SJA Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
CLICKBANK, CLICKBANK BUILDER, WEBINARX SJA MEDIA PARTNERS, SJA, and all other trademarks, names, logos, product and service names, feature names, designs, and slogans are the proprietary trademarks of SJA, its affiliates, licensors, or licensees. You hereby agree to refrain from making any use of these trademarks without Our prior written permission. Third-party brands or trademarks used for descriptive or identification purposes are the property of their respective owners.
You may choose to or we may invite you to submit comments, suggestions, or ideas about the Website or the Services, including without limitation about how to improve the Website or our products or services (" Suggestions "). By submitting any Suggestions, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place SJA or its partners or affiliates under any fiduciary or other obligation, and that we are free to use the Suggestions without any additional compensation to you, and/or to disclose the Suggestions on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your Suggestions, SJA does not waive any rights to use similar or related ideas previously known to SJA, or developed by its employees, or obtained from sources other than you.
SJA does not collect or receive any fees you submit via the Website. For questions about fees or payment, please contact the content creator of this Website.
SJA uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA") may be submitted to SJA. If your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Website, please notify SJA's copyright agent. For your complaint to be valid under the DMCA, you must provide the following information in writing:
The above information must be submitted to the following Copyright Agent (via email or mail):
Attn: SJA Copyright Agent - DMCA Notice
Address: 10866 Washington Blvd., # 320, Culver City, CA 90232
Email: [email protected]
Under federal law, knowingly misrepresenting that online material is infringing may subject you to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees.
Please note that this procedure is exclusively for notifying SJA and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with SJA's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, SJA has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. SJA may also at its sole discretion limit access to the Website of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SJA AND ITS SUBSIDIARIES, AGENTS, LICENSORS, MANAGERS, AND OTHER AFFILIATED COMPANIES, AND THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS AND DIRECTORS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES) ARISING FROM: (A) YOUR USE OF AND ACCESS TO THE WEBSITE OR THE SERVICES, INCLUDING ANY DATA OR CONTENT TRANSMITTED OR RECEIVED BY YOU; (B) YOUR VIOLATION OF ANY TERM OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES ABOVE; (C) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY RIGHT OF PRIVACY OR INTELLECTUAL PROPERTY RIGHTS; (D) YOUR VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION; (E) USER CONTENT INCLUDING WITHOUT LIMITATION MISLEADING, FALSE, OR INACCURATE INFORMATION; (F) YOUR WILLFUL MISCONDUCT; OR (G) ANY OTHER PARTY'S ACCESS AND USE OF THE WEBSITE WITH YOUR UNIQUE USERNAME, PASSWORD OR OTHER APPROPRIATE SECURITY CODE.
Upon receiving an indemnification demand from SJA, We may provide you with an opportunity to assume control over the defense or settlement of any claim subject to the indemnification demand, or may in SJA's sole discretion provide reasonable assistance to settle and/or defend a claim at your sole expense, provided that (i) any settlement which would impose a non-monetary obligation, admission or finding of liability or wrongdoing on SJA is made with our prior written consent, (ii) the failure to provide timely notice, control, or assistance shall not relieve your indemnification obligations, and (iii) we and any other indemnified parties may have their own counsel participate in any proceeding or negotiations, which shall be at your sole expense if you are unable to secure legal counsel to respond to or defend any claims in a timely manner.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE WEBSITE OR THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SJA OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SJA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.
FURTHER, SJA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND SJA WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
AS A PRECONDITION TO YOUR USE OF THE WEBSITE, YOU ACKNOWLEDGE YOUR UNDERSTANDING THAT THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TOOLS AND/OR TECHNIQUES PROVIDED BY THE WEBSITE. ANY EXAMPLES SHOWN IN OUR ADVERTISING SHALL NOT BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS OR SIMILAR SUCCESS. EARNING POTENTIAL IS WHOLLY DEPENDENT ON EACH INDIVIDUAL THAT USES THE WEBSITE TOOLS, TECHNIQUES, AND/OR IDEAS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SJA, ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE WEBSITE. UNDER NO CIRCUMSTANCES WILL SJA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SJA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF WEBSITE CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SJA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO SJA HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SJA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
THANK YOU FOR TAKING THE TIME TO REVIEW THIS AGREEMENT.IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US AT [email protected]UILDER.COM.
Last updated on: January 20, 2019.