TERMS AND CONDITIONS 2022
TERMS & CONDITIONS OF PURCHASE
You are purchasing access for one (1) person to Email Activate (referred to below as the “EA,” or the “Program”) from Marveo Pty Ltd (the “Company,” “we,” or “us”).
THE SECTIONS BELOW CONTAIN THE AGREEMENT WITH THE COMPANY WHEN YOU PURCHASE THE PRODUCT THEY AFFECT YOUR LEGAL RIGHTS.
PLEASE READ THEM.
You are responsible to pay for Email Activate in full (including all applicable sales and other taxes or fees) and for providing us with a valid credit card or another payment method.
Email Activate comes with a 30 Day Satisfaction Guarantee. Our hope is that your business and life are forever transformed with the knowledge you develop through the Program. We also expect you to give the Program your very best effort.
You can participate in the Program for up to 30 days. If you don’t feel we’ve delivered on our promise, and email [email protected] within 30 days of your purchase, we will promptly refund the money you’ve paid us under this Agreement less any external fees and currency conversion fluctuations subject to the following conditions:
• Deadline to Apply for Refund. To be eligible for a refund, you must be a EA member who purchased EA Product and you must submit your request by 11:59pm Eastern Australian Time on the 30th day after your purchase. The deadline exists because if you sign up for Email Activate, we want you to get started. If you don’t plan on starting right away but want to sign up this year, we’d love to have you, but definitely make sure this is the right investment for you, as the refund does have a firm deadline.
• Please do not enroll in Email Activate if you just want to “check it out.” I put an extraordinary amount of time and effort into this Program, and we expect you to do the same. Email Activate is for serious students only.
Gifted memberships are not eligible for a refund.
You agree that EA contains proprietary Content that is owned by the Company and/or its licensors and is protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Product Content, including to any sharing or social media sites, is considered stealing, and the Company will prosecute such misconduct to the fullest extent permitted by law.
The Company provides you with EA solely for your personal, noncommercial use, and you agree that you will not use any of the Product Content in any way whatsoever except for use in compliance with this Agreement. You will not use EA or the Content available in the Product in a manner that constitutes an infringement of the Company’s rights or that has not been authorized in writing by the Company. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from EA. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.
To be clear: please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference the Company, Victoria Gibson, or EA infringe on any of the Company’s intellectual property in any way. Any material that you create should be focused on your business, not ours. THE USE OF THE COMPANY’S EA PRODUCT, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
The EA Product includes access for one (1) person. Upon registration, you will receive one username and password for the Site.
THIRD-PARTY MATERIALS AND WEBSITES
The Company may provide links to third-party materials and websites as a convenience to you and other EA Participants. These third-party materials and websites are not part of the EA Program, and they may be either withdrawn or terminated at any time without notice to you and without any liability on the part of the Company. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that the Company is not responsible for examining or evaluating the content or accuracy of any third-party materials and websites, and the Company does not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that the Company will not be liable for your improper use of third-party materials and websites.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE MSS PRODUCT IS AT YOUR SOLE RISK. By purchasing access to EA Product, 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.
ADDITIONAL TERMS AND CONDITIONS
1) GOVERNING LAW. You and the Company have entered into this Agreement in the State of Victoria in Australia and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and the Company, shall be determined in accordance with the laws of the State of Victoria, Australia without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
2) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE COPY CURE PRODUCT; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COPY CURE PRODUCT AND REQUEST A REFUND AS SET FORTH IN SECTION 6. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
1) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise.
2) TERMINATION. The Company is committed to providing all customers in the Program with a positive Program experience. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in The EA Program without refund or forgiveness of monthly payments; and/or (b) terminate this Agreement.
Your obligations to the Company under this Agreement will survive expiration or termination of this Agreement for any reason.
3) CHANGES. The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of The EA Product. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of The EA Product will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Site or you may be notified by e-mail and you have 12 months of access from your purchase date.
4) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, legal fees, and disbursements, which any of such parties may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your misuse of The EAProduct. You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
5) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.
6) COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.
7) NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.
THE EMAIL ACTIVATE 100% MONEY BACK GUARANTEE
The EA Program comes with a 100% Satisfaction Guarantee. Our hope is that your business and life are forever transformed by the writing skills you develop with this training. And, we also expect you to give your very best effort to implement the strategies.
If you don’t feel we’ve delivered on our promise and submit your work within 30 days of your purchase, we’ll promptly refund your course fee.