TERMS & CONDITIONS
INTRODUCTION
This Agreement sets forth the terms of purchase of Services (“Product/Certification/Membership/eBook”) from SBM Partners, LLC, DBA Social Story. These Services may include but are not limited to:
• Strategy Consultation
• Individual Coaching
• Community First Workbook
• Revenue Second Workbook
• Social Story Workshop
• Social Story Retreats
By placing your Order with SBM Partners, LLC, by clicking “accept/purchase/order now,” or by using the Services, you agree to be bound by this Agreement. If you do not agree with these terms, you should leave the SBM Partners, LLC website and discontinue use of the Services immediately.
In these terms and conditions, “We/us/our/[d/b/a]” means SBM Partners, LLC. “You/your” means you as a user of the Website and/or Member/Customer of the Program/Services.
THE SERVICES
Services may include online training programs which teach members the steps to build a digital community, scale a business, or create and launch products. The training content may be delivered as follows: on-line through the program website, manuals, self-study program materials, coaching videos, membership areas with other Service purchasers, and/or other products and services as indicated on your Order form page. If your purchase includes an online Program or Membership site access, you will use a unique username and password that should only be used by you to access the Content. Sharing login information, call-in numbers, passwords, and protected links with non-members is prohibited and will result in removal from the program.
PAYMENT POLICY
Payment is required before beginning the training program, as indicated on your Order form, and may be a one-time fee, or a monthly or other recurring fee, as applicable. Please check the details of your Order form or Order page for the information specific to your program. You agree to pay the amount agreed (including an additional fees on the Order form or Order page) and not to cancel this transaction with your bank or credit card company. SBM Partners, LLC is not responsible for any overdraft charges, over limit charges, or NSF fees charged by your bank or credit card company. Fees for Services may be pre-paid or by installment, as indicated on your Order form. Failure to make an installment payment will result in suspension or termination of the Services. SBM Partners, LLC does not guarantee any specific results from use of the Services. SBM Partners, LLC does not make any representations or warranties as to specific outcomes or results.
EARNINGS DISCLAIMER
When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we’ve taken every effort to ensure that we accurately represent our programs and their ability to grow your business and improve your life. However, the Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our Sites is a promise or guarantee to you of future earnings.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE ANY OF THE SERVICES IS AT YOUR SOLE RISK.
By purchasing the Services, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
MEMBER AREA AND COMMUNITY RULES
For each program the member area community is about sharing and growing with other program members. There is absolutely no solicitation (selling or offering) of any kind to other members. You shall not sell any other programs or products or services to any other member (including your own). You shall not ask any other member to join other social networks, groups, or programs. If you are found in breach of these terms you will be removed from the program without refund. You understand all member area sharing is CONFIDENTIAL and not to be shared outside this group.
CONFIDENTIALITY & NON-DISCLOSURE AGREEMENT
You are free to speak, write and share about your own experiences from the Program, but you agree to keep all information shared by others confidential, including all information shared by others inside of the on-line community associated with the Program. This provision specifically applies to and includes content shared within the membership course, where applicable, and any private Facebook group, or similar forum if used. If you have any questions about the applicability of this provision, please contact us via email at contact@socialstory.co.
COMMUNICATIONS
The online community associated with the Program is intended to be a supportive, respectful and positive community for all involved. Communicating disrespectfully to any other members of the group constitutes grounds for removal from the Program and any associated online forum, which decision shall be in the sole discretion of the Company.
RESERVATION OF RIGHTS
Company reserves the rights to remove you from the Program or Services for cause, whether a breach of this contract, an act of misfeasance against the Company, a representative of the company or a participant of a group program, or other inappropriate action, which may include any action which causes a disturbance amongst the group, or otherwise negatively impacts the experience of others participating in any program offered by the Company. Such a determination shall be made solely by Company. You agree that your exclusive remedy in such a scenario will be the full refund of any amount paid to participate in the services or program.
DISCLAIMER
USE OF THE PROGRAM OR SERVICES COVERED BY THIS AGREEMENT AND ANY CONTENT PROVIDED THEREIN IS AT YOUR OWN RISK. The Company and its employees, representatives and agents are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the use of the Program or Services or any content provided as part of the Program or Services. The Services provided through the Program are advisory and supportive only, and you bear sole responsibility for the use and implementation of these services in your personal or professional life. You are free to reject any advice, suggestions or requests made during the Program at any time. There are no guarantees as to the progress or outcomes that may result from the Services and you are responsible for the results you achieve. THE PRODUCTS AND SERVICES OFFERED BY THE COMPANY ARE NOT SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS, SERVICES OR PROGRAMS OFFERED HEREIN OR IN CONNECTION HEREWITH DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY DECISION, ACTION OR OUTCOME FOLLOWING THE PRESENTATION OF INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE PROGRAM, SERVICES OR WEBSITE.
REFUND POLICY
All services are NON REFUNDABLE and all sales are final. If a refund is requested, we reserve the right, at our sole discretion, to grant or deny any refund request. You understand that your inability to attend our virtual events does not qualify for a full or partial refund.
TERM
This Agreement will be effective consistent with the term indicated on your Order form or Order page. Failure to pay for the Product or Program or Services consistent with the program requirements will result in termination of the Program prior to the end of the applicable term, and your access to Program materials or ongoing Services will be discontinued. Additional fees may be accrued in the event you continue to access the Program website or continue to use the Services after any failure to pay for said services.
MEDICAL DISCLAIMER
Use of the Product or Program or Services covered by this Agreement and any content provided therein is at your own risk. SBM Partners, LLC and its employees and agents are not responsible for any physical or non-physical damages imagined, perceived, or otherwise sustained as a result of the use of the Product or Program or Services or any content provided as part of the Product or Program or Services.
RELATIONSHIP
Nothing contained in this Agreement shall be interpreted or construed to create a joint venture, partnership, employment or agency relationship of any kind.
MODIFICATION
SBM Partners, LLC may modify this Agreement from time to time and without notice. You agree to be bound by the terms of this Agreement and any future modifications when such modifications are posted to the socialstory.co website. You should review this Agreement regularly during the use of the Product or Program or Services to keep apprised of any changes.
ASSIGNMENT
No assignment of this Agreement is permitted, without prior written permission from SBM Partners, LLC. Any attempt to do so shall constitute a default or violation of this Agreement which shall be immediately void. SBM Partners, LLC’s rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by SBM Partners, LLC.
THIRD PARTY BENEFICIARIES
This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.
GOVERNING LAW
This Agreement and any action related thereto shall be governed by the laws of the State of Georgia without regard to its choice of law principles. The parties consent to exclusive jurisdiction and venue in federal and state courts sitting in Fulton County, Georgia.
DISPUTES
In the event that a dispute arises pursuant to this Agreement, either Party may submit a written demand to the other that the dispute be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Fulton County, Georgia. The foregoing shall not prevent SBM Partners, LLC from seeking injunctive relief in a court of competent jurisdiction.
FORCE MAJEURE
If a party is prevented from fulfilling its obligations under this Agreement for one of the following reasons beyond the party’s reasonable control, including due to a national environmental or military emergency, such as fire, flood, explosion, war, strike, embargo, government regulation, or civil or military authority, or acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”), the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from payment of any sums of money owed by you to SBM Partners, LLC; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.
CONSTRUCTION
This Agreement shall be construed fairly and not interpreted for or against either party. Any remedies available to SBM Partners, LLC including any set forth in this Agreement, are not exclusive and are in addition to any other rights or remedies available to it at law or in equity.
BINDING EFFECT
This Agreement shall be binding upon, and inure to the benefit of the respective parties hereto, their successors, heirs, representatives, and permitted assigns.
DAMAGE WAIVER
Under no circumstances whatsoever shall either party be liable to the other for any incidental, consequential, indirect, special, exemplary, punitive or other damages under this Agreement. This provision applies even if such party has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in this Agreement, SBM Partners, LLC liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to SBM Partners, LLC for the services during the term of the Program or membership.
INTELLECTUAL PROPERTY
All materials provided to you as part of your Product or Program or Services which are the subject of this Agreement are proprietary and may not be duplicated, copied, reproduced, published or displayed in any form without the prior express written permission of SBM Partners, LLC. You may not reuse, perform, modify, transmit, re-post or use in any way the content or any derivative works thereof, without the prior express written permission of SBM Partners, LLC. All trademarks, logos, and service marks displayed on any materials provided as part of your Product or Program or Services under this Agreement are protected by US and International copyright and Intellectual Property laws. Access to any materials or content online or otherwise as part of the Product or Program or Services subject to this Agreement should not be construed as granting any license or right to use said content, including trademarks, logos and service marks of SBM Partners, LLC or any third-party.
VIDEO RELEASE
You grant permission to SBM Partners, the rights of your image, in video or still, and of the likeness and sound of your voice as recorded on audio or video tape during any coaching sessions, without payment or any other consideration. You understand that your image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein your likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of my image or recording. You also understand that this material may be used in diverse educational settings within an unrestricted geographic area.
• Photographic, audio or video recordings may be used for ANY USE which may include but is not limited to:
• Presentations;
• Courses;
• Online/Internet Videos;
• Digital Deliverables;
• Multimedia;
• News (Press);
By agreeing to these terms, you understand this permission signifies that photographic or video recordings may be electronically displayed via the Internet or in the public educational setting. You will be consulted about the use of the photographs or video recording for any purpose other than those listed above.
If you submit a testimonial, then you agree that we may use your post for marketing purposes and publish your testimonial, together with your name on socialstory.co, on such page and in such position as we may determine in our sole discretion.
You further agree that we may edit the testimonial and publish edited or partial versions of the testimonial. However, we will never edit a testimonial in such a way as to create a misleading impression of your views. [You may terminate this license by giving to us 30 days' written notice of termination].
TERMS OF USE AGREEMENT
You agree to the terms and conditions of the Terms of Use Agreement found at www.socialstory.co.
PRIVACY
You agree to the terms and conditions of the Privacy Policy found at www.socialstory.co/privacy-policy
WAIVER
The waiver by either party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions herein shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
SEVERABILITY
If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
INDEMNITY
You agree to indemnify, defend and hold harmless SBM Partners, LLC, its subsidiaries, affiliates, and their officers, managers, employees, agents, attorneys, employees, representatives or assigns from any claims, liability, damages, losses, harm, costs and expenses, including legal fees and expenses or any other detriment incurred by You in any claims arising out of this Agreement, your use of the Services, any breach of this Agreement, including breach of your representations and warranties set forth above, or if any content that you post or publish while using the Services causes SBM Partners, LLC to be liable to a third party.
VOIDABILITY
This Agreement cannot be voided by not logging in to the Member or Program website, where applicable, by not accessing or using the Services as delivered, or in any other way attempting to avoid viewing or taking delivery of the Product or Program or Services as outlined. These actions will not void your Agreement or permit you the right to a refund.
ENTIRE AGREEMENT
This Agreement represents the entire understanding and agreement of the parties relating to the Product or Program or Services purchased, and any and all prior agreements, understandings, and representations, whether express or implied, written or oral, regarding the Product or Program or Services, are of no further force and effect. In order to participate in certain portions of the Product or Program or Services, you may be notified that you may be required to agree to additional terms and conditions as the program is revised over time. You may receive a copy of this Agreement at any time by emailing SBM Partners, LLC at contact@socialstory.co and requesting a copy of your “Terms of Purchase.”
CONTACT
If you have any questions regarding this Agreement or any aspect of our services, please contact SBM Partners, LLC at contact@socialstory.co.
