Yes, there’s lots of legal stuff on this page, but we’re required to share it with you. And that’s a good thing because at We Are Marketer, we believe you should be an informed consumer and user of the Internet. That’s one of the many things you’ll learn with us.
We Are Marketer provides content, services, and products throughout the site intended for users over the age of 18. The services we provide on or through the site include, among other things, the provision of live and recorded courses on a variety of topics. All information, documents, products, and services, including courses, course materials, content, trademarks, logos, graphics and images (which we collectively call “Materials”) are owned by We Are Marketer, or its licensors or contributors, and all use and access to the Materials is subject to these terms.
BY AGREEING TO THESE TERMS YOU AGREE TO RESOLVE DISPUTES WITH We Are Marketer THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. See Section 16 below for details.
2. Updates to these Terms and the We Are Marketer Services
We Are Marketer may update these terms to reflect changes to the site, or our services or products, and We Are Marketer reserves the right in its sole discretion to modify and/or make changes to these terms at any time. If We Are Marketer make any material change to these terms, we will notify you using prominent means such as by email notice sent to the email address linked to your account or by posting a notice on the site. Any changes will become effective on the day they are posted unless stated otherwise
If you continue to use the site after such changes have been posted, it means that you agree to the new terms, even if you have not reviewed the changes. Therefore please check these terms periodically for updates.
We Are Marketer may modify the site, Materials, services, and products, or discontinue some or all of their availability at any time.
3. Account Registration
To access and use certain Materials or services on the site, you will need to register for an account. When you register, you will need to provide certain information, such as your name, email address and password. You are solely responsible for maintaining the confidentiality of your account and password (collectively, your “account”) and for all activities associated with or occurring under your account. You represent and warrant that your account information will be accurate at all times. You must notify We Are Marketer immediately if you become aware of any unauthorized use of your account or any other breach of security. You are responsible for any loss or damage arising from your failure to comply with the foregoing requirements and for all actions that occur in connection with your account, either with or without your knowledge, prior to you notifying We Are Marketer of any unauthorized access to or use of your account. You may not transfer your account to any other person and you may not use anyone else’s account at any time.
We Are Marketer grants you a limited, personal, non-exclusive and non-transferable license to access and use the site and Materials, including courses and content for which you have paid a fee, solely for your personal, non-commercial or educational use. You agree that you will only use the site and Materials in accordance with these terms.
You agree that you have no right to modify, edit, copy, reproduce, distribute, transmit, sell, rent, lend, share, create derivative works of, alter, enhance or in any way exploit any of the Materials provided by We Are Marketer in any manner. Your limited license to access the site and use the Materials may be terminated immediately, without notice to you, if you breach any of these terms.
Upon termination of your license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the site or any Materials.
5. Charges and Payment of Fees
You are solely responsible for all service, data charges and/or other fees and costs associated with your access to and use of the site and Materials, as well as for obtaining and maintaining all equipment required for such access and use.
If you choose to access or use courses or Materials, or sign up for a subscription to the service, that involve payment of a fee, you agree to pay, and will be responsible for payment of, the fee(s) and all taxes associated with such access or use. If you provide credit card information to pay for such fees, you represent and warrant that you are authorized to provide such payment information and authorize We Are Marketer to charge your credit card on a one-time or regular basis, as applicable, to pay the fees when due.
For paid subscriptions, We Are Marketer will automatically renew your subscription and bill your credit card. The renewal charge will be equal to the subscription fee in effect during the prior term, unless We Are Marketer has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other courses or services will be charged based on the list price or on an as-quoted basis.
If Your payment method fails or your account is past due, We Are Marketer may collect fees owed using other collection mechanisms, such as charging other payment methods on file with We Are Marketer. We may also block your access to the site or any Materials pending resolution of any amounts due from you to We Are Marketer.
6. Use of the Site and Materials
Your continued use of the Site and Materials and services is expressly conditioned on your compliance with these terms. Without limiting the foregoing, you acknowledge that We Are Marketer prohibits and you agree not to:
Take any action that imposes an unreasonable or disproportionately large burden on the site’s infrastructure;
Intentionally expose the site and/or any products or services provided on the site to a computer virus or any other program or code that is intended to disrupt or disable the operations of the site and/or access to the Materials;
Frame or link to the site or any of the Materials available on the site, unless We Are Marketer expressly consents to such linking and/or framing;
Use any spider, robot or other program, code or device to copy, retrieve or index any portion of the We Are Marketer site;
Harvest or otherwise collect information about other users for any purpose other than as expressly permitted herein;
Post any false or inaccurate submissions (defined below) or information on any part of the site;
Use the Materials and/or the site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property rights, or violate the privacy or rights of any other person;
Post any submission or information that is discriminatory, hateful, obscene, vulgar, abusive, defamatory, sexually-orientated, threatening, or otherwise objectionable;
Include any hyperlinks or any misleading, irrelevant and/or hidden code or keywords in any submissions posted by you;
Harass, stalk, or otherwise subject any other user of the site or Materials to inappropriate or unwanted contact;
Make any additions, changes, alterations and/or deletions to any submissions posted by any user without the express written authorization of such other user;
We Are Marketer reserves the right to terminate our relationship with you under these terms and prohibit your access to the site and Materials, or to edit, remove or close any submission or thread for any reason.
The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. We Are Marketer may add to this list at any time, at its sole discretion.
You acknowledge and agree that there is the chance that you may be exposed to content on the site that may be offensive or objectionable to you. Your access to the site and use of the Materials is undertaken at your own risk and We Are Marketer is not responsible for any offensive or otherwise objectionable materials that may be posted on the site.
In addition, the foregoing prohibitions do not impose on We Are Marketer any obligation to monitor or remove any submissions or other information or communication submitted by you or any other user.
You are prohibited from taking any action to circumvent or attempt to circumvent the security and access controls implemented by We Are Marketer to protect the site, Materials and any information you provide through the site. Such prohibited conduct includes, but is not limited to, any efforts to: (a) log into an account with a password not assigned to you; (b) access personally identifiable information not intended for you; (c) test the security measures on the site and/or attempt to identify system vulnerabilities; (d) impersonate any other user of the site and/or the products and services, forge any of the header information in any posting, or tamper with the TCP/IP packet header; (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying software code for the site and/or the products and services; or (f) overwhelm or disable the site or the products and services or interfere with the access and use of the site and/or the services by any other user.
If we become aware of any of the above activities or other prohibited or unlawful behavior on the site, we may investigate and take action. When appropriate, we may work with law enforcement to investigate and prosecute offenders.
7. User Submissions
If you submit data and/or post communications on the site (“submissions”), you grant to We Are Marketer an irrevocable, perpetual, royalty-free, worldwide right (including moral right) and license to use, reproduce, display, distribute, modify and create derivative works of submissions, in whole or in part, and to incorporate submissions into other works in any media and utilizing any technology now known or later developed. You represent that you have all rights, and no third party has retained any such rights, (including moral rights) in and to Submissions you may post on the site.
8. Links to Third Party Sites
We Are Marketer may provide links to other websites on the site that are not owned, operated, or managed by We Are Marketer. We provide these links to you only as a convenience, and We Are Marketer is not responsible for the content or links displayed on these third party sites.
You shall indemnify and hold We Are Marketer and its officers, directors, employees, affiliates, agents, licensors, and business partners (“We Are Marketer Indemnified Parties”) harmless from and against any and all damages, costs, expenses, and liabilities, including reasonable attorneys’ fees, that the We Are Marketer Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding any claim or demand from a third party in the event that your use of the site, Materials, or the use of the site by any person using your user name and/or password, violates any applicable law or regulation, or the rights of any third party.
10. Copyright Notice
All materials, information, and data provided on the site and in the Materials, including web pages, documents, site design, text, graphics, logos, images and icons, and the selection and arrangement thereof, are the sole property of We Are Marketer, unless otherwise specified, and are protected by copyright and applicable laws.
All rights not expressly granted in these terms are reserved. Any reproduction, distribution, modification, retransmission, or publication of any copyrighted material on the site is strictly prohibited without the express written consent of We Are Marketer, except as otherwise required by applicable law.
11 Disclaimer of Warranties
THE SITE, MATERIALS, PRODUCTS, SERVICES AND ANY OTHER INFORMATION OR MATERIAL MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, We Are Marketer DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. We Are Marketer DOES NOT WARRANT THAT YOUR USE OF THE SITE OR MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE MATERIALS, THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF We Are Marketers OR ITS AFFILIATES, LICENSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE MATERIALS, PRODUCTS, SERVICES, AND THIRD-PARTY CONTENT IS SOLELY AT YOUR OWN RISK.
12. Limitation of Liability
IN NO EVENT SHALL We Are Marketer BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF We Are Marketer HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. We Are Marketer.COM’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SITE, MATERIALS, PRODUCTS AND SERVICES OR RELIANCE ON THE INFORMATION AND/OR MATERIALS PROVIDED ON THE SITE SHALL NOT EXCEED SHALL BE THE TOTAL AMOUNT PAID BY YOU TO We Are Marketer IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, IN WHICH CASE We Are Marketer’S MAXIMUM LIABLITY SHALL BE FIFTY DOLLARS ($50.00). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
13. Compliance with Laws
Your use, access and other activities relating to the products and services must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property rights, privacy, online conduct and acceptable content. Further, access to the site and services from territories where their contents are illegal is prohibited. If you choose to access or use the site or services from locations outside of the United States, you do so at your own initiative and you are responsible for compliance with all applicable local laws. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, including import and export regulations.
If you violate these terms, We Are Marketer may terminate your access to the site or certain portions of the site without notice. While We Are Marketer prefers to advise you of your inappropriate behavior and recommend any necessary corrective action, certain violations of these terms, as determined by We Are Marketer, in its sole discretion, will result in immediate termination of your access to the site or certain portions of the site. We Are Marketer reserves the right to terminate any account for any reason.
15. We Are Marketer Points Program
As part of being a member of We Are Marketer, you can earn and receive points that you may use towards the purchase of Premium courses. Members will earn points for registering for Premium classes, posting on social media, or taking other actions described on the site. Points are promotional and have no cash value. Points will not expire.
We Are Marketer reserves the right to terminate the points program and/or your participation in the points program if we determine in our sole discretion that you have violated these terms, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. We Are Marketer may, in its sole discretion, suspend, cancel, or combine accounts that appear to be duplicative, and may refuse to allow you to re-enroll in the points program. We Are Marketer reserves the right to terminate an account if the account has been inactive for 18 months. Inactive means that no points have been earned.
We Are Marketer has the right at any time, with or without giving you prior notice, to:
End or cancel the points program;
Change the amount of points awarded for particular activities or points required to purchase areward;
Change the requirements for earning points or a particular reward; and/or
Change any other feature of the We Are Marketer points program.
If We Are Marketer ends the points program, points you have earned but not used will expire on the date the points program ends. Earned but unredeemed points shall be void after such date.
16. Dispute Resolution
In the event you are not satisfied with the site, Materials or a purchase you have made through the site, please contact us at support@We Are Marketer.com so that we can address your issue. In the event we are unable to resolve your complaint, the following process applies.
Any dispute or claim relating in any way to your use of the site or Materials will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to We Are Marketer, Inc. Attn: Legal, 2098 Gaither Road, Rockville, MD 20850, or by email from the email address associated with your Account to: . The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
17 General Terms
Governing Laws. These Terms and Your use of the Services shall be governed by the substantive laws of the State of Maryland without reference to its choice or conflicts of law principles that would require the application of the laws of another jurisdiction, and shall be considered to have been made and accepted in the State of Maryland.
Entire Agreement. These terms and any policies applicable to you posted on the site constitute the entire agreement between you and We Are Marketer with respect to the subject matter hereof, and supersede all previous written or oral agreements between you and We Are Marketer with respect to such subject matter.
Severability. If any provision of these terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions of these terms.
Waiver. The failure of We Are Marketer to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision.
Notice. Any notice or other communication to be provided hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
Contact Information. If you have any questions or comments about these terms, please contact us at:
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