Subscribers To Sales® Program Agreement
Updated On: June 5, 2023
THE AGREEMENT: This Subscribers to Sales® Program Agreement (hereinafter, "Agreement") is made by and between Marissa Romero LLC , LLC a limited liability company, organized under the laws of the state of Arizona, hereinafter referred to as "Subscribers to Sales® Membership Provider," and you, further defined below, as a participant in the Subscribers to Sales® Membership , also defined below.
All parts and sub-parts of this Agreement are specifically incorporated by reference here. This Agreement shall govern the use of all pages and screens in and on the Subscribers to Sales® Membership (all collectively referred to as "Subscribers to Sales") and any services provided by or in this Subscribers to Sales® Membership Provider through the Subscribers to Sales® Membership ("Membership") and/or on the Subscribers to Sales® Membership Provider's website ("Website").
DEFINITIONS:
A) The parties referred to in this Agreement shall be defined as follows:
I) Subscribers to Sales® Membership Provider, us, we: Subscribers to Sales® Membership Provider, as the creator, operator, and publisher of the Subscribers to Sales® Membership, is responsible for providing the Subscribers to Sales® Membership publicly. Subscribers to Sales® Membership Provider, us, we, our, ours and other first-person pronouns will refer to the Subscribers to Sales® Membership Provider, as well as, if applicable, all employees and affiliates of the Subscribers to Sales® Membership Provider.
II) You, the user, the participant: You, as the participant in the Subscribers to Sales® Membership and user of the Website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as user or participant.
III) Parties: Collectively, the parties to this Agreement (Subscribers to Sales® Membership Provider and You) will be referred to as Parties.
B) The Subscribers to Sales® Membership details are as follows:
I) Subscribers to Sales® Membership Name: Subscribers To Sales® Membership Training Program
II) Subscribers to Sales® Membership Training Description:
It is a membership (curriculum + community) that helps determined beginner entrepreneurs and content creators launch an online business leveraging YouTube so that they create a high impact and income that lasts. Inside Subscribers to Sales® you'll get everything you need to accomplish this in 90 days or LESS.
III) Total Subscribers to Sales® Fees ("Fees"): $2000 per year OR $350.00 for three (6) month access to the Membership training program.
FAILED PAYMENTS:
In the event that your payment is not successfully made by your due date, your credit card will automatically be re-charged after a three (3) day grace period to make your payment of the Program. If such payment is not received at that point, you will be removed from the Program and your access will be revoked immediately.
If you fail to make payment within the grace period or at any other time, you are still responsible for all payments for the full cost of the Program.
QUANTUM MERUIT/UNJUST ENRICHMENT EXCEPTIONS
Due to the nature of the Membership, valuable services are provided to you as soon as you become a member of the Membership. As a member, you have accepted, used, and enjoyed the services the Membership provides. As such, Subscribers to Sales® expects just compensation for the services provided and, we do not offer refunds for those who do not do their due diligence to ensure the Membership is the right fit for them. It is your responsibility to review our sales page and terms and conditions carefully prior to purchase, use or access to any of our products and online Membership programs. We have taken every measure to clearly communicate through all marketing channels, communication platforms, sales pages, and webinars to educate the public on who our programs and online courses would and would not benefit.
For complete refund terms, please visit the Conditional Refund Policy Page here.
ASSENT & ACCEPTANCE:
By purchasing and participating in the Subscribers to Sales® Membership, you warrant that you have read and reviewed this Agreement and the Conditional Refund Policy and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please cease your participation in the Subscribers to Sales® Membership immediately. If you do so after purchase, you will not be entitled to any refund. Subscribers to Sales® Membership Provider only agrees to provide the Subscribers to Sales Membership to you if you assent to this Agreement.
AGE RESTRICTION:
You must be at least 18 (eighteen) years of age to use this Website, participate in the Subscribers to Sales® Membership or access any Services contained herein. By participating in the Subscribers to Sales® Membership Program, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. Subscribers to Sales® Membership Provider assumes no responsibility or liability for any misrepresentation of your age.
LICENSE TO USE WEBSITE & ACCESS SUBSCRIBERS TO SALES MEMBERSHIP MATERIALS:
We may provide you with certain information as a result of your accessing the Subscribers to Sales® Membership through the website for the Membership . Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Subscribers to Sales® Membership ("Materials"). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the Subscribers to Sales® Membership and your use of the Website. The Materials may not be used for any other purpose, and this license terminates upon your completion of the Subscribers to Sales Membership , your cessation of use of the Subscribers to Sales® Membership or the Website, or at the termination of this Agreement.
SUBSCRIBERS TO SALES® MEMBERSHIP TERMS:
The Subscribers to Sales® Membership and any of its accompanying Materials may not be shared with any party. If we suspect that the Subscribers to Sales® Membership or Materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Subscribers to Sales® Membership, in our sole and exclusive discretion.
We do not offer any promises or guarantees with regard to our Subscribers to Sales® Membership or Subscribers to Sales® Membership Materials. You hereby acknowledge and agree:
Subscribers to Sales® has not made any guarantees about the results of taking any action. Subscribers to Sales® provides educational and informational resources that are intended to help users of this Subscribers to Sales® Membership succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Subscribers to Sales®.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of Subscribers to Sales® or otherwise - applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
INTELLECTUAL PROPERTY OWNERSHIP:
You agree that the Content, the Subscribers to Sales® Membership , the Website, and any other Services provided by the Subscribers to Sales® Membership Provider are the property of the Subscribers to Sales® Membership Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property, video modules, lectures, handouts, templates, worksheets, guides, ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.
YOUR OBLIGATIONS:
As a participant in the Subscribers to Sales® Membership , you will be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to participate in the Subscribers to Sales® Membership . You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.
The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the Subscribers to Sales® Membership or the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
OBLIGATIONS: As a participant in the Subscribers to Sales® Membership Program, you will be asked to abide by the terms of this Subscribers to Sales® Membership Program Agreement and all other Terms of Service of Marissaromero.com.
PAYMENT AND FEES
As noted above, the total Fees for the Subscribers to Sales® Membership are as follows: $2000.00 for one (1) year; OR $350.00 for three (6) months.
If payment is not complete by the due date of payment, you will forfeit your place in the Subscribers to Sales® Membership .
ACCEPTABLE USE:
You agree not to use the Subscribers to Sales® Membership or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Subscribers to Sales® Membership or the Website in any way that could damage the Subscribers to Sales® Membership , Website, Services, or general business of the Subscribers to Sales® Membership Provider.
a) You further agree not to use the Subscribers to Sales® Membership or the Website:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Subscribers to Sales® Membership Provider or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud.
AFFILIATE MARKETING & ADVERTISING:
We engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Subscribers to Sales® Membership and/or Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
NO LIABILITY:
The Subscribers to Sales® Membership and Website are provided for informational purposes only. You acknowledge and agree that any information posted in the Subscribers to Sales® Membership , in the Materials, or on the Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your participation in the Subscribers to Sales® Membership is at your own risk. We do not assume responsibility or liability for any advice or other information given in the Subscribers to Sales® Membership , in the Materials, or on the Website.
REVERSE ENGINEERING & SECURITY:
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Subscribers to Sales® Membership or Website;
b) Violate the security of the Subscribers to Sales® Membership or Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
DATA LOSS:
We do not assume or accept responsibility for the security of your account or content. You agree that your participation in the Subscribers to Sales® Membership or use of the Website is at your own risk.
INDEMNIFICATION:
You agree to defend and indemnify the Subscribers to Sales® Membership Provider and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your participation in the Subscribers to Sales® Membership , your use or misuse of the Website, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defense, if we wish.
SPAM POLICY:
You are strictly prohibited from using Subscribers to Sales® Membership for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
MODIFICATION & VARIATION:
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
ENTIRE AGREEMENT:
This Agreement constitutes the entire understanding between the Parties with respect to the Subscribers to Sales® Membership . This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
SERVICE INTERRUPTIONS:
We may need to interrupt your access to the Subscribers to Sales® Membership to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Subscribers to Sales® Membership and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
TERM, TERMINATION & SUSPENSION:
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Please be advised that terminating this Agreement does not entitle you to a refund on any monies spent with us.
NO WARRANTIES:
You agree that your participation in the Subscribers to Sales® Membership and your use of the Website is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Subscribers to Sales® Membership or Website will meet your needs or that the Subscribers to Sales® Membership or Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information in the Subscribers to Sales® Membership or on the Website. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your participation in the Subscribers to Sales® Membership or your use of the Website is your sole responsibility and that we are not liable for any such damage or loss.
LIMITATION ON LIABILITY:
We are not liable for any damages that may occur to you as a result of your participation in the Subscribers to Sales® Membership or your use of the Website, to the fullest extent permitted by law, as noted above. The maximum liability of Subscribers to Sales® Membership Provider arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount you paid to us in the last six (6) months. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
GENERAL PROVISIONS:
A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Subscribers to Sales® Membership and your use of the Website, you agree that the laws of Arizona shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Maricopa County, Arizona,. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Maricopa County, Arizona. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Arizona. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Subscribers to Sales® Membership Provider, the rights and liabilities of Subscribers to Sales Membership Provider will bind and inure to any assignees, administrators, successors, and executors.
E) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
H) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
I) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: support@marissaromero.com