SERVICE TERMS & CONDITIONS

These Terms and Conditions were last modified on August 20, 2021,

and the new provisions will take effect immediately.



THERE IS A MANDATORY ARBITRATION AND WAIVER OF CLASS ACTION IN THE FOLLOWING TERMS.

PLEASE REVIEW CAREFULLY.


The following terms (“Terms of Use”) constitute an agreement between Savvy Simple Marketing, LLC (the “Company”) and the purchaser (“you”) of the Company’s Savvy Simple Funnels System (the “System”) offered by Company that governs your purchase and use of the System. You agree to abide by the Terms of Use as a condition of your use of the System.


Your purchase of the System constitutes your acceptance of, and agreement to the following Terms of Use. Company reserves the right to modify, alter, amend, or update its System, policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you should not purchase the System. Additionally, parts of this System are hosted on GoHigh Level and Facebook platforms and is subject to GoHigh Level and Facebook Terms of Service and Privacy Policy.


Privacy Policy

Company respects your privacy and is committed to protecting it. Your access and use of the System are subject to the System’s privacy policy as well.


Disclaimer

You understand that a professional or consulting relationship does not exist between you and Company outside of use of this System. Company has made every effort to ensure that all materials within the System have been tested for accuracy. There is no guarantee that you will see positive results to your business using the System, techniques and materials provided by Company. Company assumes no management responsibility for your decisions or for policies or practices that you implement. Everything provided in the System is for business and informational purposes only.


Any statements related to income or earnings potential, regardless of medium, are examples of what may be possible in the future. Company makes no guarantees regarding results, present or future. Company is not responsible for your earnings, income, sales, or any other business performance as a result of the System. The System is for business and informational purposes only.


Your Responsibility

The System was developed strictly for business purposes. You understand and agree that you are fully responsible for your use, progress, and results from the System. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. You understand that Company is not responsible for your results or any expenses that you may incur as a result of your purchase and use of the System. Company assumes no responsibility for errors or omissions that may appear in the System.


Purchase Policies

To purchase the System, you will be required to select a payment plan and provide Company’s third-party payment provider with information regarding your credit or debit card information. You represent and warrant to Company that such information is true and that you are authorized to use the credit or debit card. You will promptly update your user account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Company the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Use. You hereby authorize Company to bill your payment credit or debit card in advance in accordance with the terms of the applicable payment plan until you complete full payment or you terminate your use in the System. You further agree to pay any charges so incurred. If you dispute any charges you must let Company know within sixty (60) days after the date that Company charges you.


Savvy Simple Funnels is available for $97 USD per month. You may also purchase additional Tech Support and Virtual Assistant Services starting at $300 per month. You may cancel either service at any time by providing a 30-day notice via email to Support@savvysimplefunnels.com.


The System includes Website Builder, Landing/Sales Page Builder, Email Automation, SMS Messaging, Automated Calendar, CRM, Pipeline, Forms, Order Forms, Shopify Integration, private Facebook Community, Domain and Email Set Up Concierge.


You understand and agree that you may not employ or otherwise engage any Company staff to provide services to you outside of the System while you are enrolled in the System and for one (1) year thereafter. Should you solicit or contract with any Company team members for any services, you hereby agree to pay Company a finder’s fee of $5,000 USD or 15% of their contractor or employee payments for the first 12 months, whichever is higher.


Registration and Restricted Access

Access to the System is restricted to System users. When you register, you will create a user profile, which may include a username and password. You agree to keep your username and password confidential. You may not share your username and password with anyone, for any reason, without express written consent by Company. If you suspect your password has been compromised, you must notify Company immediately at hello@savvysimplefunnels.com. Company will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to Company or other third parties for any losses incurred due to such unauthorized use.


Company may disable your username and password and access to the System at its sole discretion.


Company reserves the right to modify methods for registration and access levels of registered users from time to time.


Refund Policy

Company does not provide refunds. Certain jurisdictions may have longer periods where refunds will be granted. Company will honor such periods as required by law.


Optional Tech Support or Virtual Assitance

In the event you request the Company to assist you with other technical or virtual assistant support, you may need to provide the Company with the passwords to Your Social Media and other accounts. Company highly recommends that you use a password manager to share passwords with Company and that you keep all passwords confidential. You understand and agree that the Company will not be liable for any hacking, stolen passwords, unauthorized use of Your Social Media or other accounts or related damages. You further understand and agree that Company shall not be liable for any loss or damages of any kind related to Company’s use of such social media or other accounts including but not limited to loss of any content, low engagement or other poor performance.


License for use of System

The System was developed solely for your business use and may not be reproduced for publication or for the personal or commercial use of others without permission. You may not create any derivative works of the System. When you purchase the System, you agree that you will not use any information you gain from the System to create any product or service, whether offered for commercial or personal use, without express written consent of the Company. All inquiries for use of Company intellectual property must be submitted to hello@savvysimplefunnels.com. Company reserves the right to seek equitable and compensatory relief for any violation of this term.


Confidentiality & Privacy

Company respects your privacy and insists you agree to respect the privacy of Company and all other System user (“Users”). Any confidential information (“Confidential Information”) shared by users or any Company representative is confidential, proprietary, and belongs solely and exclusively to the disclosing party. All parties agree not to disclose, reveal, or make use of any Confidential Information or any transactions, during discussions, in the System, or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other Participants during the System. Confidential Information includes, but is not limited to, information disclosed in connection with these Terms of Use, and information related to the business or client information of Company or a Participant and shall not include information rightfully obtained from a third party. Both parties will keep Confidential Information in the strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft. You agree not to violate the Company’s publicity or privacy rights. Furthermore, you will NOT reveal any information to a third party obtained in connection with these Terms of Use. By purchasing this System, you agree that if you violate or display any likelihood of violating these Terms of Use the Company and/or the other Participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.


Intellectual Property

All original materials and designs provided by Company as part of the System are owned by Company. Any original materials are provided for your business use only. You are not authorized to sell or transfer any of Company's intellectual property, designs or any aspect of the System. All intellectual property remains the property of Company. No license to sell, distribute, reproduce, prepare a derivative work, display, or perform is granted or implied. Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.


By accessing and viewing the System, you agree that you will not create any electronic information product that utilizes the information gained through the System whether or not that information was available through other means.


Certain of the names, logos, and other materials displayed in the System constitute Company’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“Company IP”). You are not authorized to use any Company IP without Company’s express consent. Ownership of Company IP remains with Company and you agree not to make any claims or assertions of any other party’s ownership of Company IP.


Savvy Simple Marketing is a trademark of Company and is protected by United States trademark law. Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Company, the System or any experts featured therein.


Use of the System

The System includes materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs and graphics. You may view, download, print, email, and use materials from the System for business purposes only subject to the license below. You may not republish, reproduce, duplicate, copy, display, distribute or otherwise use any material from the System for commercial purposes. Any reproduction or unauthorized use of any materials found in the System shall constitute infringement.


Unless otherwise stated, Company owns the intellectual property and rights to all content and material in the System. Subject to the license below, all intellectual property rights are reserved.


You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.


The following uses are not permitted:

• Republication of content from the System, unless content is specifically and expressly made available for republication;

• Sale, rental, or sub-license of any content or designs from the System;

• Modification of any content in the System, unless content is specifically and expressly made available for modification; or

• Redistribution of content in the System, unless content is specifically and expressly made available for redistribution.


You must not use the System in a way that causes, or may cause, damage to the System or impairs the availability of access to the System. You must not decompile, reverse engineer, disassemble or otherwise reduce the System, except to the extent that such activity is expressly permitted by applicable law. You must not use the System to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.


You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the System without Company's express written permission.


Grant of Rights and Release

You understand and agree that Company may record, otherwise capture, and publish the System including your name, image, and video and sound recordings of you (the “Recording”). You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute the Recording and any content you contribute to the System (the “User Content”). The User Content includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.


You understand and agree that, in the event these Terms of Use are terminated, this license and release survives termination and Company may, in its sole discretion, utilize the Recording and User Content as set forth herein. This authorization and release shall inure to the benefit of the legal representatives, licensees and assigns of Company and you hereby release Company from, and agree not to sue for, any claim or cause of action, whether known or unknown, for libel, slander, invasion of right of privacy, publicity or personality, or any other claim or cause of action, based upon or relating to the use of the Recording or User Content, or the exercise of any of the rights referred to herein.


You acknowledge that, in the event of any breach by Company or any third party, the damage, if any, caused will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief. Your rights and remedies will be strictly limited to the right, if any, to recover damages in an action at law, and you will have neither the right to rescind or terminate these Terms of Use or any of Company’s rights hereunder, nor the right to enjoin the production, exhibition, or other exploitation of the Recording or User Content.


Content Contributed to the System

Any content you contribute to the System, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party.


Company reserves the right to edit or remove: (i) any material submitted to the System; (ii) stored on Company’s servers; or, (iii) hosted or published on the System or Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.


Notwithstanding Company’s rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the System.


COMMENT POLICY

The System may offer you the option to provide comments either written or verbal. The following types of comments will not be tolerated and will be deleted:

• harassment directed toward any content creator, participant, or Company;

• spam;

• hate speech;

• defamatory to Company or any third party;

• reference illegal acts;

• violate the legal rights of a third party; or Any other action that may impede the use and enjoyment of the System by other participants.


Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.


You are, and shall remain, solely responsible for any content you upload, submit, post, transmit, communicate, share, or exchange by means of the System and for the consequences of submitting or posting same. COMPANY DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE System AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREIN.


YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SYSTEM. YOU ACKNOWLEDGE AND UNDERSTAND THAT COMPANY HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS USERS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS USERS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS USERS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER USER IN PERSON. COMPANY DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS USERS. IN NO EVENT SHALL COMPANY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY USERS CONDUCT, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN USERS.


You and any user violating the Terms of Use may be immediately and permanently removed from the System, in Company’s sole discretion and no refund will be due to you in such case.


Any content posted in the System is the sole responsibility of the person(s) who created it, and Company and its employees, agents, directors, and officers, undertake no obligation or liability related to such content. Company and its employees, agents, directors, and officers, do not undertake or assume any duty to monitor for inappropriate or unlawful content posted by Users, nor does it assume responsibility or liability that may arise from any content posted in the System including, but not limited to, claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation.


Company reserves the right to report to the appropriate authority any post, comment, message, or user in the System that Company deems, in its sole discretion, may implicate the safety of either Company, a User or a third-party.


Communication - Electronic Notice

You consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.


Third Parties

The System offers resources that may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party websites. Company assumes no control or liability over the content of any third-party sites. You expressly hold harmless Company from any and all liability related to your use of a third-party website.


Prior to engaging in any commercial transactions with any third parties discovered through or linked on the System, you must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked in the System, you expressly hold Company harmless from any and all liability in any dispute.


No Warranties

The System is provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose. Company makes no representations or warranties in relation to the System or the information and materials provided therein.


Company makes no warranty the System will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the System.


Limitation of Liability

COMPANY WILL NOT BE LIABILE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS WEBSITE, THE SYSTEM OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.


Indemnity

You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.


Equitable Relief

You acknowledge and agree that in the event of certain breaches of the Terms of Use, Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.


Miscellaneous

The Terms of Use will be governed and construed in accordance with the laws of the State of Texas. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in Harris County Houston Texas. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. If any provision(s) of the Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. The Terms of Use may not be assigned by you without Company's prior written consent, however, the Terms of Use may be assigned by Company in its sole discretion. The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the System offered by Company. Company reserves the right to amend, alter, or modify the Terms of Use at any time. All notices with respect to the Terms of Use must be in writing and may be via email to support@savvysimplefunnels.com for Company and to your email address.


THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE); AND (II) THE PARTY WHO INITIATES OR USERS AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE USER IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.


Last updated August 20, 2021.