By accessing Emails that Generate (the “Program”) from Lauren Pawell d/b/a Bixa Media (the “Company,” “we,” or “us”), you and the Company agree to the following legal terms and conditions, without modification, and acknowledge reading them:
Access To Program
The Program includes, but is not limited, to course content, written content, recorded video and audio content, live and pre-recorded calls, and discussions in Program related forums (collectively, “Materials”).
The Program may only be accessed by you – the individual who is the customer on record with the Company. You agree that the Program and Materials, including any usernames or passwords, may only be used by you as permitted herein and may not be sold or distributed without the Company’s express written consent.
You will be given access to the Program for the life of the Program, however, your access will be revoked for failure to abide by these Terms of Service or for failure to make timely and full payments to the Company for your purchase of the Program.
In order to use the Program, 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.
Our Intellectual Property
You agree that the Program and Materials contain proprietary information that is owned by the Company and is protected by copyright, trademark and other applicable intellectual property laws. You will not use the Program or the Materials in a manner that constitutes an infringement of the Company’s rights or that has not been authorized by the Company. The use of the Company’s Program or Materials, except as permitted herein, is strictly prohibited and infringes on the intellectual property rights of the Company and may subject you to civil and criminal penalties, including possible monetary damages, for infringement on the Company’s intellectual property rights.
Company grants you a limited, personal, non-exclusive, non-transferable license to access the Program and Materials for your own personal and non-commercial use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, sell, distribute, duplicate, lease, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Program or Materials in any manner or medium (including by email or other electronic means). You shall not remove any copyright notice or author designation from any of the Materials.
Within 60 calendar days of the Program Start Date, you may request a refund of the amount you paid for the Program. The Program Start Date is defined as the first day the Company provided you access to the Program. To be eligible for a refund, you must demonstrate completion and implementation of the following coursework to the Company’s satisfaction:
- Module 0
- Lesson 1 Worksheet
- Module 1
- Access to review Google Analytics and confirm correct installation
- Access to email marketing service
- Live link to review website opt-in which much be live and connected to your EMS
- Module 2
- Access to Typeform account to review “Reap What You Sow” Referral + Testimonial System + customer feedback
- Access to Google sheet (Your Email Content — Research) to review research collected from “No Customers? No Problem” Content Research Framework
- Module 3
- Lesson 1 Worksheet
- Lesson 2 Worksheet
- Access to Google document (Write Your Automated Welcome Series) to review drafts written for automated welcome series
- An access point to review automated welcome series performance in EMS
- Module 4
- Lesson 1 Worksheet
- Access to Google sheet (Your Email Content — Ideas) to review email campaign ideas
- Lesson 2 Worksheet
- Access to Google document (Write Your Email Campaigns) to review email campaign drafts
- Module 5
- An access point to review email campaign performance in EMS
- Module 6
- Demonstration that at least 3 of the optimization tactics were performed without an improvement in results
Requests for refunds will not be honored 60 calendar days after the Program Start Date and any outstanding balance owed to the Company for the Program must be paid in full.
Email support for the Program will be available for 90 calendar days after the Program Start Date. Thereafter, at the Company’s discretion, customer support may be available through the Program related forum.
Requests to continue working with the Company after the conclusion of your original Program session will require entering into a separate written agreement for Company’s services.
With your prior permission, you acknowledge that the Company has the right to use your feedback whether in the form of emails, surveys, comments, discussions in Product related forums, coaching calls, or otherwise, for the purposes of marketing or promoting the Program.
To access or use the Program, you must be at least 18 years old and have the requisite power and authority to enter into these Terms of Service. You may use the Program for lawful and legitimate purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Program. You shall not post or transmit through the Program 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 Program 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 Program, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We reserve the right to immediately remove you from the Program without refund if you violate these Terms of Service.
Errors, Inaccuracies, and Omissions
Information provided about or in the Program and Materials is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Program or Materials.
Relationship of the Parties
You agree that Company is acting as an independent contractor and that no partnership or joint venture is created between us.
By purchasing the Program, 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. 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 in our Program is a promise or guarantee to you of future earnings.
Third Party Resources
The Program and 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.
Limitation Of Liability
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS) ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE TRANSACTIONS IT CONTEMPLATES (WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHER FORM OF ACTION) 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 PAID TO THE COMPANY FOR THE PROGRAM.
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 by you of the Program. 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; Dispute Resolution
The Terms of Service shall be governed by the laws of the State of California and any disputes arising from it must be handled exclusively in Orange County, California.
a. Disputes Related to Your Unpaid Fees
If dispute arises under this Terms of Service regarding the Company’s collection of unpaid fees from you, the Company may take the matter to court, arbitration, mediation, or pursue any other legal remedy available to the Company. The prevailing party in any such arbitration, trial or other proceeding shall be awarded all filing fees, related administrative costs and reasonable attorneys’ fees.
b. Disputes Not Related to Your Unpaid Fees
All other disputes or claims arising under or in any way related to these Terms of Service (and not regarding the collection of your unpaid fees by the Company) shall be submitted to neutral, non-binding mediation. The Parties to the dispute or claim agree to act in good faith, to participate in mediation, and to identify a mutually acceptable mediator in Orange County, California. All Parties to the mediation shall share equally in its cost. If the dispute or claim is resolved successfully through the mediation, the resolution will be documented by a written agreement executed by all Parties. If the mediation does not successfully resolve the dispute or claim, the mediator shall provide written notice to the Parties reflecting the same. Following unsuccessful resolution through mediation, the matter shall be submitted to binding arbitration. The Parties shall select a single arbitrator, and the arbitration shall take place in Orange County, California. The arbitrator’s decision shall be binding on the Parties and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
The prevailing party in any arbitration, trial or other proceeding shall be awarded all filing fees, related administrative costs and reasonable attorneys’ fees.
Entire Agreement; Waiver
The Terms of Service constitutes the entire agreement between you and the Company pertaining to the Program 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.
We reserve the right to update our Terms of Service at any time. Such amendments are effective immediately by us posting the new Terms of Service on this Program website at http://websitesthatgenerate.com/. Any use of the Program by you after an amendment is made means you accept these amendments.
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, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
Effective Date: May 2016