Brand Activation Lab Client Agreement
Terms of Participation — Brand Activation Lab
Please READ carefully. By purchasing this Program, the following Terms and Conditions are entered into by Intentional Branding LLC (“Company”, “we”, or “us”) and You (“Customer” or “you”) agree to the follow terms stated herein.
DISCLAIMER
The Company’s Terms of Use, Notices, Disclaimer, and Privacy Policy are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program. Read full terms at https://intentionalvisibility.com/legal/
PROGRAM/SERVICE
Intentional Branding LLC (herein referred to as “Company”) agrees to provide Program, “Brand Activation Lab” (herein referred to as “Program”) identified in online commerce shopping cart. As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
As part of the Program, the Company shall provide the following to Customer:
- A two-day live, interactive course via video
- A digital Program Area for you to access applicable program recordings, workbooks/ training materials, slide decks, and support information
- You shall have access to this Program Area for as long as the Program Area exists, however no less than 60 days
- In the event that the Company intends to close the Program Area, it shall provide clients with a 30-day notice and the ability to download the core resources contained in the Program Area.
- The Company may offer bonuses from time to time, for those who sign up for the Program. In that case, you shall be entitled to those bonuses offered to you at the time of your enrollment. Bonuses, however, are not guaranteed to be available for the lifespan of the Program.
FEES
In consideration of your access to the Program, you agree to pay the one-time fee of $197 USD (due upon enrollment). Note: Your fee may be lower, due to promotional discounts and offers. In the event that any payment is not made, the Company shall immediately suspend your access to the Program.
REFUND POLICY
You have until Midnight Pacific Time, prior to the start of the Program starting date to request a full refund. Send an email to colleen@colleendavis.com with your request.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds. Payment processor fees may be deducted if such fees apply (per processor).
If you receive a refund of any purchase through this refund policy, that shall immediately terminate any and all rights granted you to use the material provided to you under this Agreement and the Company’s Terms of Use.
If you do not understand or agree with any of these conditions, please do not order this program. If you require further clarification, please contact colleen@colleendavis.com.
CONFIDENTIALITY
The Company respects the privacy of Customers and will not disclose any information you provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program, unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, training materials, templates, and other information. You hereby agree not to share the information provided to you in the Program, with anyone other than the Company, its owners, employees, and representatives, and other Program participants.
NO TRANSFER OF INTELLECTUAL PROPERTY
All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, are the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
Your participation in the Program does not result in a transfer of any intellectual property to you, and, as a condition of participation in the Program, you agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.
The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content. You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in your access to the Program to be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
RELATIONSHIP OF THE PARTIES
The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
NO THIRD-PARTY BENEFICIARIES
This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
FORCE MAJEURE
The Company shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, provided that, if the event in question continues for a continuous period in excess of 30 days, Customer shall be entitled to give notice in writing to Company to terminate this Agreement.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
The information contained in this Program is not intended as, and shall not be understood or construed as, professional advice. While the Company owners, employees and representatives are professionals, and the information provided in the Program relates to issues within the Company’s area of professionalism; this information is not represented as a substitute for professional advice from a provider who is aware of the facts and circumstances of your individual situation. Therefore, neither the Company nor any of its employees, owners or representatives shall be held liable or responsible for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your particular situation.
AFFILIATE LINKS
Some of the links on this site or in programs and materials may be affiliate links. This means that We may earn a commission if/when you click on or make purchases via affiliate links. As a policy, the Company will only promote links with products and services that We believe will provide value to our clients and community. We provide this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product or service.
ERRORS AND OMISSIONS
While We work hard to ensure the integrity of the content on our website and in all of our work, We are not responsible for incorrect information, typos, errors or omissions. You accept that the information contained on this Website may be erroneous and agree to conduct due diligence to verify any information obtained from this Website and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information contained in this website.
NO WARRANTIES
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
ASSIGNMENT
Client may not assign this Agreement without express written consent of Company.
MODIFICATION
Company may modify terms of this agreement at any time. All modifications shall be posted on the Intentional Branding LLC’s website and purchasers shall be notified.
TERMINATION
The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if you become disruptive to the Company or other Program participants, if you fail to follow the Program guidelines, or if you violate the terms of this Agreement. You shall not be entitled to a refund of any portion of the fees in the event of such termination.
SEVERABILITY/WAIVER
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
EARNINGS DISCLAIMER
In this agreement, there are no guarantees concerning the level of business or financial success you may experience because of this program/ service. While every effort has been made to accurately represent our programs and services, and the value they provide, there is no guarantee that you will make any money. You accept the risk that the earnings and income levels differ by individuals. As with any business, your results may vary and will be based on your individual capacity, business experience, knowledge, expertise, and level of desire.
The use of our information, products and services should be based on your own due diligence and you agree that the Company is not liable for any success or failure that is directly or indirectly related to the purchase of your program or service. Running a business carries risks, and your use of any information contained on this website is as at your own risk. Subject to our Refund Policy, we provide content and services without any express or implied warranties. By continuing to use our site and access our content, programs, and services, you agree that We are not responsible for any decision you may make regarding any information presented or as a result of purchasing any of our products or services.
INDEMNIFICATION
You shall indemnify, defend, and hold the Company harmless the Company, its Representatives and their successors and assigns against any and all losses, damages, liabilities, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees (collectively, “Losses”), relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
ARBITRATION
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Denver, Colorado. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
INTERNATIONAL CUSTOMERS
Company Website, resources, products, and services are controlled, operated, and administered from our offices within the United States. If you access the Website, resources, products, and services from a location outside the U.S., you are responsible for compliance with all local laws. Customer agrees to not use the Company Website, resources, products, and services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
AGREEMENT
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Program Purchase Date by their respective duly authorized officers.
CONTACT US
Intentional Branding LLC welcomes your questions or comments regarding this Statement of Privacy. If you believe that Intentional Branding LLC has not adhered to this Statement, please contact Intentional Branding LLC at:
Intentional Branding LLC
11887 Washington St # 33953, Northglenn, CO 80233
Email: colleen@colleendavis.com
Phone: 720.560.0667
This policy was last updated on August 27, 2022