TERMS & CONDITIONS
These Website Standard Terms And Conditions (these “Terms”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to hereinbelow as this“Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Terms.
Last Modified: December 7, 2021
TERMS OF PURCHASE OR SERVICE
By accessing any shop item/product/course/template/etc. from Pet Marketing Unleashed (“Company,” “we,” or “us”) and its subdomains and affiliated sites (collectively, the “Website”), whether free or available for purchase, for viewing on the Website or for download, or in any other form, you and the Company agree to the following Terms of Service (“Terms of Service”), without modification, and you acknowledge reading them:
CHANGES TO TERMS OF SERVICE
We may revise and update these Terms of Service from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Arbitration will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
PRODUCTS AND SERVICES AVAILABLE ON THE WEBSITE
There are various products and services available on the Website, whether for purchase or offered for free. Any products or services offered on the Website are subject to the terms and conditions as provided herein.
Courses: There may be courses offered for sale or at no charge through the Website (each, a “Course” or collectively, “Courses”).
Website Template Programs: Website Template Programs may be offered for sale or at no charge (“Website Template Programs”).
Digital Products: Standalone digital products may be available for sale or at no charge through the Website (“Digital Products”).
Access to Courses
Courses can include, but are not limited to, course content, written content, recorded video and audio content, live and pre-recorded calls, templates, graphics, courses, and discussions in Course-related forums, whether on the Website or through a third-party platform, including social media (collectively, “Materials”).
The Course and Materials may only be accessed by you, the customer on record with the Company. You agree that the Course and Materials, including any usernames or passwords, may only be used by you as permitted herein and may not be sold, shared, or distributed without the Company’s express written consent. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Your access to the Course may be revoked, without notice, in our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service or for failure to make timely and full payments to the Company for your purchase of the Course.
We will not be liable if for any reason all or any part of the Website, the Course, or the Materials are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
Account Creation and Security
In order to use the Course, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you provide will always be accurate, correct and up to date. You are responsible for treating any username and password, or any other part of our security procedures, as confidential, and you must not disclose it to any other person or entity.
You understand and agree that the Company is providing professional recommendations to support your business, but there are no guarantees whatsoever regarding the results of the Courses, Website Template Programs, and Digital Products provided through the Website, including, but not limited to, increased website traffic, online visibility, sales, and revenue. Company is not offering any guarantees or promises of any specific results.
Payment for Courses
You agree to make timely and full payments to the Company for the Course (regardless of whether you selected to pay for the Course in full or with a payment plan). The full amount for the Course is due to the Company even if you choose not to complete the Course.
You authorize Company to automatically charge the credit card stored by our third-party financial processing company for any and all Course balances owed until your payment plan is complete, as set forth in your acceptance of the purchase terms upon checkout. You agree to keep this information current and up-to-date with the Company. If any payment is insufficient or declined for any reason, Company may revoke your access to the Course, without refund. Company may institute collections proceedings as more fully described in the Refund Policies section herein for any amounts due and not paid.
You agree to make every attempt to request a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, you expressly forfeit any and all access to the Course and Materials purchased by you. We reserve the right to present proof of your access and these Terms of Service to the financial institution investigating the dispute.
You agree that the Company may use any images, audio recordings or video recordings of you obtained while enrolled in a Course or any other service provided by us. You waive any right to payment, royalties, or any other consideration for the use of such images, audio recordings or video recordings. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which you, your heirs, representatives, or assigns have or may have by reason of or related to this authorization.
You understand that given the group format of our Courses, information provided or shared with the Company or other participants, whether in the form of comments, discussions in Course -related forums, coaching calls, webcasts, or otherwise are not confidential.
WEBSITE TEMPLATE PROGRAMS
Website Template Programs available through the Website may be available for purchase. By using any Website Template Program, you agree to be bound to these Terms of Service.
Limited License. Subject to and in accordance with these Terms of Service and other guidelines or instructions we include with the Website Template Program, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license (“License”) to make individual use of the Website Template Program and the specific templates included with the Website Template Programs. Unless explicitly authorized in these Terms of Service or in accordance with the guidelines or instructions we include with the Website Template Program, you may not modify, copy, reproduce, republish, upload, post, transmit, sell, create derivative works, exploit, or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Website Template Programs. The License is for individual use. You may not assign or transfer any of your rights or obligations under this Section or these Terms of Service to any person or entity, and any attempt to do so is void.
Design Attribution. All templates include an attribution in the footer (“Attribution”). You are required to keep the Attribution, including the link, on all templates used. Should you desire to remove the Attribution, you may contact the Company at firstname.lastname@example.org to inquire about additional payment to remove the Attribution. Removal of the Attribution without payment and approval by the Company will result in breach of these Terms of Service and your right to use the template and access to the Website Template Programs will be immediately revoked.
Ongoing Maintenance of Templates. The templates are provided for convenience and are meant for you to use and customize to your needs. All costs associated with hosting and maintenance, including, but not limited to, domain registration fees, monthly hosting costs, and any and all maintenance costs and actions required to maintain plugins and other necessary costs to maintain your website, are solely your responsibility. The Company makes no guarantee that the templates will be maintained or will be compatible with your website, theme, and plugins.
MODIFICATIONS. You are solely responsible for any modifications made to any templates after purchase. The templates are not guaranteed once purchased and modified in any way, and we will not be responsible for nor will we assist with any issues with the templates as a result of your modifications.
STANDALONE DIGITAL PRODUCTS
We may offer standalone Digital Products for sale on the Website. All fees for the Digital Products are set forth on the product page. We reserve the right to change the Digital Product fees at any time.
Limited License. Subject to and in accordance with these Terms of Service and other guidelines or instructions we include with the Digital Product, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license (“License”) to make individual use of the Digital Product. Unless explicitly authorized in these Terms of Service or in accordance with the guidelines or instructions we include with the Digital Product, you may not modify, copy, reproduce, republish, upload, post, transmit, sell, create derivative works, exploit, or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Digital Product. The License is for individual use. You may not assign or transfer any of your rights or obligations under this Section or these Terms of Service to any person or entity, and any attempt to do so is void.
The choice of whether or not to issue a refund, whether for a Course, Website Template Program, or Digital Product, or any other product or service offered on the Website, is at our sole discretion. Our refund policies vary based on the type of product and service, so it is important that you carefully read and understand the refund policy prior to making any purchase on our Website.
You agree to make timely and full payments to the Company for any Course, Website Template Program, or Digital Product, even if you choose not to complete or use it. You authorize Company to automatically charge the credit card on file for any and all purchase balances owed and you agree to keep this information current and up-to-date with the Company. Any balance that remains after 30 days will be sent to a collections agency, and you agree to be responsible for any additional charges, fees, or costs associated with such a collection effort, including, but not limited to, reasonable attorneys’ fees and court costs.
Returns for Courses and Website Template Programs
We offer a 30-day money-back guarantee on our Courses and Website Template Programs. However, the money-back guarantee is governed by the following terms and conditions:
We want you to be 100% satisfied with the Course or Website Template Program you purchase, BUT we also want to know and see that you put 100% effort into making it work for your business.
If within 30 calendar days of your Course Start Date or the purchase date of your Website Template Program (each, a “Program Start Date”), you complete all the assigned work and don’t get any value, you may request a refund no later than 11:59pm PT by the 30th day. The Program Start Date is defined as the first day the Company provided you access to the Course or Website Template Program. Requests for refunds will not be honored more than 30 calendar days after the Program Start Date and any outstanding balance owed to the Company for the Course or Website Template Program must be paid in full (even if using a payment plan that has not yet been paid off).
To request a refund, email us at email@example.com and demonstrate the following:
Proof that you completed the Course or Website Template Program.
A copy of your completed Course workbook or any required work in a Website Template Program
Screenshots, details, and/or explanations for the problems you had that led you to not getting value in the Course or Website Template Program
A link to any other related work
The Company reserves the right to determine whether these conditions are met at our sole discretion.
We may request a conversation with you to further discuss your specific situation and reason for refund request. All conversation requests will be submitted to you via email.
If you receive a refund, you will immediately lose all access to Course or Website Template Program materials and trainings. If you received access to any templates as part of your purchase, you must immediately stop using the templates. Any failure to do so is a breach of these Terms of Service, and the Company reserves the right to pursue legal action to recover the full cost refunded to you as well as any and all costs associated with pursuing the action and all damages associated with your violation of this Section and these Terms of Service.
Refunds for Standalone Digital Products
Due to the immediate nature of access to Digital Products, all sales are final and there are NO REFUNDS for any standalone Digital Product.
You agree that the Company has the right to use your feedback whether in the form of emails, surveys, comments, discussions in Program-related forums, coaching calls, or otherwise, for the purposes of marketing or promoting the products and services offered by us.
To access or use the Website, any Course, Website Template Program, or Digital Product or any other product or service offered by us, you must be at least eighteen (18) years old and have the requisite power and authority to enter into these Terms of Service. You may use the Website, Course(s), Website Template Program(s), or Digital Product(s) for lawful and legitimate purposes only. You agree to be financially responsible for all purchases made by you. You shall not post or transmit through the Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
REFUSAL OF SERVICE
We reserve the right to refuse access to the Website, or to any Course, Website Template Program, or Digital Product, to any person or entity, without the obligation to assign reason for doing so. We may at any time change or discontinue any aspect or feature of the Website, or to any Course, Website Template Program, or Digital Product, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We reserve the right to immediately remove your access to the Website, or any Courses, Website Template Programs, or Digital Products without refund if you violate these Terms of Service.
OUR INTELLECTUAL PROPERTY
You agree that the Website, as well as its entire contents, including the Course, Website Template Programs, and Materials (such as videos, coursework, training modules, photographs, text, graphics, recordings, images, videos, software, outlines, etc.), and Digital Products contain proprietary information that is owned by the Company and is protected by United States and international copyright, trademark, patent, trade secret, and other applicable intellectual property or proprietary rights laws (collectively, “Company Intellectual Property”). You will not use the Company Intellectual Property in a manner that constitutes an infringement of the Company’s rights or that has not been expressly authorized by the Company. The use of the Company Intellectual Property, except as permitted herein, is strictly prohibited and may subject you to civil and criminal penalties, including possible monetary damages, for infringement on the Company’s intellectual property rights.
The Company name, the terms Pet Marketing Unleashed, PMU Shop, the Course, Website Template Program, or Digital Product names, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company. You must not use such marks without the prior written permission of the Company.
CHANGES TO THE WEBSITE
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
The owner of the Website is based in the State of Arizona in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY PRODUCTS, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
By purchasing any products or services offered on the Website, 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 future earnings, business profit or growth, marketing performance, audience growth, health or results of any kind. The Company does not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing on our Website is a promise or guarantee to you of such results. All information provided are personal opinion, derived from personal experiences and is NOT licensed advice. The Company firmly believes that not all businesses fit one model and as such, there is no ‘one size fits all’ advice. Before making any purchase on our Website or taking action through any Course, Website Template Program, or Digital Product, please consult a licensed professional if you feel the need to make sure what would be best for your individual and professional needs.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR SUCH OTHER WEBSITES, INCLUDE ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, AND IRRESPECTIVE OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE. IN NO EVENT WILL THE COMPANY’S LIABILITY EXCEED THE PRICE THE CUSTOMER ACTUALLY PAID TO THE COMPANY FOR THE PROGRAM.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THIRD PARTY RESOURCES
The Courses, Website Template Programs, Digital Products, or Materials may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use or misuse by you of the Course, Website Template Program, or Digital Product. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
GOVERNING LAW; VENUE
All matters relating to the Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in the City and County of Coconino, Arizona, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At our sole discretion, we may require you to submit any disputes arising from these Terms of Service or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association by applying Arizona law.
RECOVERY OF LITIGATION EXPENSES
If any legal action or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
ENTIRE AGREEMENT; WAIVER
The Terms of Service constitutes the entire agreement between you and the Company pertaining to the Course, Website Template Program, or Digital Product and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of the Terms of Service by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.
EFFECT OF HEADINGS
The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, that term, provision, covenant, or condition shall be limited or eliminated to the minimum extent necessary so that the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Nothing in these Terms of Service, express or implied, will confer upon any person or entity not a party to these Terms of Service, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of these Terms of Service, except as expressly provided herein.
YOUR COMMENTS AND CONCERNS
This Website is operated by Pet Marketing Unleashed. All notices of copyright infringement claims should be sent to firstname.lastname@example.org with the subject line “DMCA Takedown Notice” or “Copyright Infringement.”
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: email@example.com.