The following terms (“Terms of Use”) constitute an agreement between Businessese, LLC, a Nevada limited liability company (“Businessese”), and the user (“You”) that governs Your use of this website and all of its associated services, content and functionality. This policy applies to the website administered by Businessese, located at https://businessese.com (“Website”). Businessese offers the following for purchase: downloadable forms and templates (“Downloadable Forms”) and online courses (“Courses”) (collectively, the “Products”).
Your use of the Website constitutes Your acceptance of, and agreement to the following Terms of Use. Businessese reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If You do not agree with or do not accept any part of these Terms of Use, You must not use the Website or purchase the Products.
NOTE: All products on the Businessese website have been created for use in the United States. These products were created by US attorneys and are based upon experience within the US influencer marketing industry.
Disclaimer
You understand that Businessese is not a law firm or a substitute for a law firm and we are not able to assist You with legal matters. Communications between You and Businessese are not subject to the attorney-client privilege or work product. We cannot provide any advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies.
You understand that a professional or consulting relationship does not exist between You and Businessese outside of the purchase of the Downloadable Forms or Course.
Businessese has made every effort to ensure the Products have been tested for accuracy. There is no guarantee that You will see positive results to Your business using the techniques and materials provided by Businessese. Businessese assumes no management responsibility for Your decisions or for policies or practices that You implement.
Any statements related to income or earnings potential, regardless of medium, are examples of what may be possible in the future. Businessese makes no guarantees regarding results, present or future. Businessese is not responsible for Your earnings, income, sales, or any other business performance as a result of this Agreement.
Your Responsibility
The Products were developed strictly for educational purposes. You understand and agree that You are fully responsible for Your use and results from the Products. Businessese makes no representations, warranties or guarantees. You understand that results may vary from person to person. You understand that Businessese is not responsible for Your results or any expenses that You may incur as a result of Your purchase. Businessese assumes no responsibility for errors or omissions that may appear in the Products.
Purchase Policies – Downloadable Forms
All Downloadable Forms are delivered virtually, through hyperlinks to the purchased items. You will receive links on your confirmation purchase page and via email to the email that You use during registration. We reserve the right to limit the number of times that any Downloadable Forms may be downloaded. Please save all Downloadable Forms after downloading to ensure that You will have continued access to the products.
All Downloadable Forms are in either a Microsoft Office or PDF format. We are not able to deliver these forms in alternate formats. You may personally reuse the Downloadable Forms without restriction. Businessese grants You a non-exclusive, non-transferable right to use the Downloadable Forms You purchased. You shall not license, sublicense, sell, resell, transfer, assign, distribute, other otherwise make available this Downloadable Form to any third party, other than the signatory of any purchased agreement or an attorney if you are seeking legal advice.
No refunds are available on Downloadable Forms. If You experience an issue with your Downloadable Forms, please email [email protected] and we will respond to you within two business days.
Purchase Policies – Courses
All Courses are provided through downloadable content and video content that are hosted by Businessese. Course content is available only to those who have enrolled in the Course.
Course Refund Policy
We want You to be satisfied with Your purchase and offer a 30-day refund period for Course purchases. However, in order to qualify for a refund, You must demonstrate Your participation and Your application of the principles taught within the Course.
To request a refund, You must email [email protected] by 11:59 PM Pacific Time by the 30th day following Your purchase with Your request for a refund. With that email, You must verify that You completed all modules within the Course (we will make exceptions for Lessons within Module 2 of Get Your PRICE, if they were not needed due to prior knowledge). Additionally, for Refunds in Get Your PRICE, You must submit a copy of Your completed spreadsheets (potential impressions, reach, engagement rate, and cost per engagement) to demonstrate that You have applied the principles and were still not satisfied with the Course.
After 30 days, Your purchase is non-refundable and You are responsible for payment of all fees.
Privacy
WHAT INFORMATION DO WE COLLECT AND HOW IS IT USED?
- Information You Voluntarily Submit to the Website: We may collect personal information from you such as your name or email address. For example, you may voluntarily submit information to the Website by leaving a comment, subscribing to a newsletter, or submitting a contact form. In addition, for certain purchases, we may ask you to create a user profile, which would allow you to create a username and password. We will store the username, but your password will not be visible in our records.
- Information We Collect from Others: We may receive information about you from other sources. For example, if you use a third-party software through the site, they may transfer information to us for fulfillment.
- Automatically-Collected Information: We automatically collect certain information about you and the device with which you access the Website. For example, when you use the Website, we will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the Website. We may also collect information about actions you take when using the Website, such as links clicked.
- Cookies: We may log information using cookies, which are small data files stored on your browser by the Website. We may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Website.
HOW YOUR INFORMATION MAY BE USED
We may use the information collected in the following ways:
- To operate and maintain the Website;
- To create your account, identify you as a user of the Website, and customize the Website for your account;
- To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt-out of future mailings;
- To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;
- To respond to your comments or inquiries;
- To provide you with user support;
- To process payment for purchases you make through the Website; or,
- To protect, investigate, and deter against unauthorized or illegal activity.
THIRD-PARTY USE OF PERSONAL INFORMATION
We may share your information with third parties when you explicitly authorize us to share your information.
Additionally, the Website may use third-party service providers to service various aspects of the Website. Each third-party service provider’s use of your personal information is dictated by their respective privacy policies. The Website currently uses the following third-party service providers:
- PayPal – this service is used to serve our ecommerce platform. At no time is your banking information passed to the Website. We receive only information used for order fulfillment.
- ConvertKit – this service is used for delivery of email updates and newsletters. We store your name and email address for purposes of delivering such communications.
At this time, your personal information is not shared with any other third-party applications. This list may be amended from time to time in the Website’s sole discretion.
Except when required by law, we will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, we may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.
ANONYMOUS DATA
From time to time, we may use anonymous data, which does not identify you alone, or when combined with data from other parties. This type of anonymous data may be provided to other parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies.
COOKIES
The Website uses cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize Website content based on visitors’ browser type or other information that the visitor sends.
Users may, at any time, prevent the setting of cookies, by the Website, by using a corresponding setting of your internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. However, if users deactivate the setting of cookies in your Internet browser, not all functions of our Website may be entirely usable.
ADVERTISING
Affiliate Program Participation
The Website may engage in affiliate marketing, which is done by embedding tracking links into the Website. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions. We will disclose all affiliate links within the posts.
Newsletters
On the Website, you may subscribe to our newsletter, which may be used for advertising purposes. All newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, we may see if and when you open an email and which links within the email you click. Also, this allows the Website to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties.
RIGHTS RELATED TO YOUR PERSONAL INFORMATION
Opt-out – You may opt-out of future email communications by following the unsubscribe links in our emails. You may also notify us at [email protected] to be removed from our mailing list.
Access – You may access the personal information we have about you by submitting a request to [email protected].
Amend – You may contact us at questio[email protected] to amend or update your personal information.
Forget – In certain situations, you may request that we erase or forget your personal data. To do so, please submit a request to [email protected].
Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions, or when required by law.
SENSITIVE PERSONAL INFORMATION
At no time should you submit sensitive personal information to the Website. This includes your social security number, information regarding race or ethnic origin, political opinions, religious beliefs, health information, criminal background, or trade union memberships. If you elect to submit such information to us, it will be subject to this Privacy Policy.
CHILDREN'S INFORMATION
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at [email protected] and we will use our best efforts to promptly remove such information from our records.
Restricted Areas
Access to certain areas of the Website may be restricted. Businessese reserves the right to restrict areas of the Website at its sole discretion.
Some restricted areas of the Website may be made available to You as a registered user. When You are registered, You are required to create a user profile, which may include a username and password. You agree to keep Your username and password confidential. If You suspect your password has been compromised, You must notify Businessese immediately at [email protected]. Businessese will not be liable for any loss caused by the unauthorized use of Your account; however, You may be liable to Businessese or other third parties for any losses incurred due to such unauthorized use.
Businessese may disable Your username and password at its sole discretion.
Businessese reserves the right to modify methods for registration and access levels of registered users from time to time.
Confidentiality & Privacy For Course Participants
Businessese respects Your privacy and insists You agree to respect the privacy of Businessese and all other Course participants (“Course Participants”). Any confidential information (“Confidential Information”) shared by Course Participants or any Businessese representative is confidential, proprietary, and belongs solely and exclusively to the disclosing party. All Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, in the Facebook group that is open to enrolled members of a Course, or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other Course Participants during the Course. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft. You agree not to violate the Company’s publicity or privacy rights. Furthermore, You will NOT reveal any information to a third party obtained in connection with this Agreement. Further, by purchasing this Course, You agree that if You violate or display any likelihood of violating this Agreement the Company and/or the other Course Participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Ownership of Materials
All original materials provided by Businessese as part of the Products are owned by Businessese. Any original materials are provided for Your individual use only. You are not authorized to use or transfer any of Businessese's intellectual property. All intellectual property remains the property of Businessese. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. Businessese will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Use of the Website
Unless otherwise stated, Businessese owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for Your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
The following uses are not permitted:
- Republication of content from the Website, unless content is specifically and expressly made available for republication;
- Sale, rental, or sub-license of any content from the Website;
- Reproduction or duplication of any content on the Website for commercial purposes;
- Modification of any content on this website, unless content is specifically and expressly made available for modification;
- Redistribution of any content of the Website, unless content is specifically and expressly made available for redistribution.
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Businessese's intellectual property rights. Such use is a limited license to republish the content, with full credit to Businessese.
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Businessese's express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications.
You must not use the Website for any third-party marketing without Businessese's express written permission.
Intellectual Property
Certain of the names, logos, and other materials displayed in the Products constitute Businessese’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“Businessese IP”). You are not authorized to use any Businessese IP without Businessese’s express consent. Ownership of Businessese IP remains with Businessese and You agree not to make any claims or assertions of any other party’s ownership of Businessese IP.
Copyright
Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Businessese or third parties and are protected by United States and international copyright laws.
Trademarks
Businessese, the PRICE Method, and Get Your PRICE are trademarks of Businessese and are protected by United States trademark law. Businessese's trademarks and trade dress may not be used in connection with any product or service that is not Businessese's, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Businessese.
From time to time, the Website will legally utilize trademarks owned by third parties related to Businessese's services. These trademarks are the respective property of their owners.
Grant of Rights
You grant Businessese a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content You contribute to the Website. This includes, but is not limited to, text, images, audio material, video material and audio-visual material. This license extends to all known and future media. You also grant Businessese the right to sub-license these rights and the right to bring an action for infringement of these rights.
Equitable Relief
You acknowledge and agree that in the event of certain breaches of the Terms of Service, Businessese may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, You agree that Businessese shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.
Prohibited Content
Any content You contribute to the site, including, but not limited to text, images, audio material, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against You or Businessese or a third party. Businessese reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Businessese's servers; or, (iii) hosted or published on the Website. Businessese takes no responsibility and assumes no liability for any content posted by You or any third party.
Notwithstanding Businessese's rights under the Terms of Use, Businessese does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
Communication – Electronic Notice
If You send Businessese an email, register to use the Website or provide your email to Businessese in any other way, You consent to receive communications from Businessese electronically. You agree that all legal notices provided via electronic means from Businessese satisfy any requirement for written notice.
Third Parties
The Website contains links to third-party websites that are not governed or controlled by Businessese. You represent and warrant that You have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to Your use of the Website. Businessese assumes no control or liability over the content of any third-party sites. You expressly hold harmless Businessese from any and all liability related to Your use of a third-party website.
Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Website, You must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked on the Website, You expressly hold Businessese harmless from any and all liability in any dispute.
No Warranties
The Website and Products are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Businessese makes no representations or warranties in relation to the Website, the Products, or the information and materials provided therein.
Businessese makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Businessese is not responsible to you for the loss of any content or material uploaded or transmitted through the Website.
Limitation of Liability
BUSINESSESE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
You agree to defend, indemnify and hold Businessese, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which Businessese suffers as a result of third-party claims based on: (i) Your negligence or intentional misconduct, (ii) Your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by You including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, Your obligations hereunder.
Miscellaneous
The Terms of Use will be governed and construed in accordance with the laws of the State of Nevada. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Las Vegas, Nevada. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. The Terms of Use may not be assigned by you without Businessese's prior written consent, however, the Terms of Use may be assigned by Businessese in its sole discretion. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Businessese. The Terms of Use may not be altered or modified except by prior written agreement by the parties. All notices with respect to the Terms of Use must be in writing and may be via email to ques[email protected] for Businessese and to your email address.
Updated: August 2020
