TERMS OF USE
THERE IS A MANDATORY ARBITRATION AND WAIVER OF CLASS ACTION IN THESE TERMS. PLEASE REVIEW CAREFULLY.
The following terms (“Terms of Use”) constitute an agreement between Marketing by Madie, LLC (DBA Multiplieddd) and Carrie Williams, LLC (“Company”) and the purchaser/recipient (“you”) of The Social Society subscription (the “Subscription”) offered by Company for purchase at https://thesocialsociety.mykajabi.com/offers/ (the “Website”) that governs your purchase and use of the Subscription. You agree to abide by the Terms of Use as a condition of your purchase and use of the Subscription.
Your purchase of the Subscription constitutes your acceptance of, and agreement to the following Terms of Use. Company reserves the right to modify, alter, amend, or update its Subscription, 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 should not purchase the Subscription.
Purchase Policies
You may purchase the Subscription via links provided by DBA Multiplieddd and/or Carrie Williams. The Subscription includes written material with templates from Canva (the “Content”) in the field of health and wellness which may be used in accordance with the below license. Recipes or other content may be included but Company does not make any guarantees regarding the nature or form of the Content.
The Subscription may be purchased on a monthly subscription basis for a monthly fee (the “Monthly Fee”). The Subscription shall commence on the date of purchase. Each Monthly Fee will be charged to you each month on the same day/date of purchase (each month). The Subscription automatically renews each month, and such fee will be charged to you until you cancel the Subscription. It is your responsibility to cancel the Subscription prior to renewal.
You may cancel the Subscription at any time. You can terminate your subscription through your Customer Portal. If you have any questions, please contact [email protected]. The Subscription must be terminated prior to billing to avoid the next regularly scheduled payment. No refunds will be issued after payment is charged to your account.
You consent to recurring monthly payments for the Monthly Fee for the Subscription. You hereby authorize Company to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you terminate the Subscription, and you further agree to pay any charges so incurred.
You will be required to provide Company’s third-party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. You will promptly update Company with any changes to your billing information (for example, a change in your billing address or credit card expiration date) that may occur. Access will be revoked to the Subscription if you do not complete the payments on schedule.
If you dispute any charges, you must let Company know within sixty (60) days after the date that Company charges you.
Refund Policy
Company does not provide refunds. Certain jurisdictions may have longer periods where refunds will be granted. Company will honor such periods as required by law.
License for use of Subscription
You are granted a limited, non-sublicensable, non-exclusive, world-wide revocable license to use the Content for limited commercial use so long as you maintain a Subscription. You may use the Content in text, email, social media, and private coaching group posts. You may not give or resell the Content to other coaches or any other third party.
You may not create any derivative works of the Content. When you purchase the Subscription, you agree that you will not use any information you gain from the Subscription to recreate or resell the Subscription, Content or other products, whether offered for commercial or personal use, without express written consent of Company. All inquiries for use of Company intellectual property must be submitted to [email protected]. Company reserves the right to seek equitable and compensatory relief for any violation of this term.
Intellectual Property
The Subscription, Content and all intellectual property rights therein including copyrights and trademarks are the exclusive property of Company and you agree not to make any claims or assertions of any other party’s ownership of Company’s intellectual property. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of Company's intellectual property or any aspect of the Subscription. All intellectual property remains the property of Company. No license to sell, distribute, reproduce, prepare a derivative work, display, or perform is granted or implied except as expressly stated herein.
The Social Society is a trademark of Company and is protected by United States trademark law. Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Company or the Subscription.
Your Responsibility
You understand and agree that you are fully responsible for your use and results from the Subscription. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. You understand that Company is not responsible for your results or any expenses that you may incur as a result of your purchase. Company assumes no responsibility for errors or omissions that may appear in the Subscription.
Mental Health Disclaimer
All information regarding mental health provided in the Subscription is intended to be used for informational purposes only. Use of the Subscription does not form any relationship between you and Company, including a therapist-patient relationship. Although content from the Subscription may discuss therapeutic and/or mental health issues, the Subscription does not provide any type of therapy and/or mental health services. The Subscription does not provide any advice, explanation, opinion, or recommendation about therapy or mental health services.
From time to time, the Subscription may discuss topics of a sensitive nature. If you feel triggered by any content, please seek help from a medical professional or mental health professional.
Recipe Disclaimer
From time to time, the Subscription will publish content with recipes. All such recipes have been tried and used successfully, but results may vary from person to person. Consult your medical professional before using any recipe if you have concerns about how you may individually react to the use of any particular recipe or ingredient. By voluntarily creating and using any recipe provided here, you assume the risk of any potential injury that may result.
No Warranties
The Subscription is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose. Company makes no representations or warranties in relation to the Subscription, or the information and materials provided therein. Company makes no warranty the Subscription 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 Subscription.
Limitation of Liability
COMPANY 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 COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SUBSCRIPTION OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Indemnity
You agree to defend, indemnify and hold Company, 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 Company 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.
Equitable Relief
You acknowledge and agree that in the event of certain breaches of the Terms of Use, Company 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 Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.
Unauthorized Use
Your use of any materials found in the 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 Subscription in the event of your unauthorized use, or a minimum of $5,000, in addition to any legal or equitable remedies Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the unauthorized use.
Miscellaneous
The Terms of Use will be governed and construed in accordance with the laws of the State of Minnesota. 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 Anoka County, Minnesota. 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 Company's prior written consent, however, the Terms of Use may be assigned by Company in its sole discretion. The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Subscription offered by Company. Company reserves the right to amend, alter, or modify the Terms of Use at any time. All notices with respect to the Terms of Use must be in writing and may be via email to [email protected] for Company and to your email address.
THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
Last Updated: April 15th, 2024