THE SOCIAL GLOW/UP AUDIT GUIDE TERMS AND CONDITIONS

Summary

• Welcome! This bullet-pointed summary is provided for your convenience, but you should absolutely, positively read this entire document because it is a binding agreement. 
• The goal for the “Comment” paragraph below each section is to provide a plain-English summary of different terms in this agreement but, again, you should read this entire document because summaries and explanations don’t reflect every single detail.
• By selecting “I agree and consent” and/or by enrolling in The Social Glow/Up Audit Guide (the “Course”), you are indicating that you have read and agree to these Course Terms and Conditions (the “Agreement”).
• The Course was created by Lola Charles Communications (“Company” “we” or “us” ) with the goal of teaching you to teach students the 3-step process our team uses to conduct thorough social media audits for our clients, uncovering insights about their target audience, their current social media content, and their top competitors.(the “Course Objective”). 
• You can’t, and won’t, copy, display, redistribute, or otherwise exploit or monetize any content found during your use of the Course except for your own personal use and work on the Course Objective – this means (and we mean this in the kindest way possible…) you cannot share screen shots, videos, or other media showing any part of the Course publicly (online or otherwise), with friends or colleagues, or anywhere else.
• Results vary and are not guaranteed. Your participation in and dedication to the Course is critical to your own success!
• If you violate this Agreement, your access to the Course may be revoked or terminated, with or without warning.

Comment: This is a summary of what you can find in these Course Terms and Conditions. But know that it’s just a summary. You should absolutely read the entire Agreement because you are bound to it by enrolling in the Course.

Additional Terms and Conditions

In exchange for the promises made between you and Company, Company will provide educational materials (incorporated into the Course) with the goal of teaching you the Course Objective, and you and Company agree to all terms in this Agreement as a condition of your enrollment in the Course.

1. FEES AND ACCESS

We will provide the Course in exchange for the fee stated in your cart at the point of purchase (the “Fee”). Enrolling in the Course provides you instant access to the Course.  

Company reserves the right to immediately suspend or revoke your access to the Course or any Course Materials if you default in your payment obligations or otherwise breach this Agreement.

Your access to the Course and any Course Materials is all subject to the terms of this Agreement. For purposes of this Agreement, “Course Materials” means materials we created or provide as part of the Course, including, but not limited to, documents, templates, recordings, slide shows, worksheets, workbooks, guides, lesson plans, text, graphic designs and other designs, photographs, action plans, contracts, detailed instructions, and all other materials created or provided by Company through the Course. We reserve the right at any time to temporarily or permanently modify or suspend the Course or any part of the Course, including, but not limited to, adjusting the modules or lessons, limiting participation, and/or closing access to the Course, with or without notice. You will have lifetime access to the Course Materials. “Lifetime access” means access to the Course for so long as we make it available publicly. If closure becomes necessary or the Course becomes unavailable, you will be notified and will have the opportunity to download Course Materials prior to terminating access.

ONCE YOU ACCESS THE COURSE OR ANY COURSE MATERIALS, YOU RELEASE THE ABILITY TO DISPUTE THE FEE WITH YOUR BANK. IF YOU ARE DISSATISFIED WITH THE COURSE IN ANY WAY, YOU MUST FIRST CONTACT COMPANY VIA EMAIL AT [email protected] AND MAKE A GOOD-FAITH EFFORT TO RESOLVE YOUR ISSUE WITH US BEFORE INITIATING ANY CLAIM, DISPUTE, OR OTHER LEGAL ACTION. 

Comment:   This section creates parameters around your access to the Course and defines what we consider “Course Materials.” Your access to the Course and all Course Materials is subject to the terms of this Agreement. Company can change, suspend, or end the Course under these terms.

2. COMMUNICATION

By purchasing the Course, you consent to receive notices, updates, and other communications from us via email. You may unsubscribe from these notices, but know that by unsubscribing, you may not receive crucial updates to the Course and/or Course Materials. We handle all personal information according to the terms of our Privacy Policy (available at https://www.lolacharlescommunications.com/legal).

Comment: After you buy the Course, we’re going to email you. (You can unsubscribe.)

3. REFUNDS

Due to the digital nature of the Course, all sales are final. We do not offer refunds.

Comment: Please be aware of our refund policy.

4. CREATING AN ACCOUNT

You may have the option to create an account to access the Course. If you create an account, you must provide and maintain accurate, current, and complete information about yourself in the registration process. You are prohibited from misrepresenting your identity or affiliation with any person or business. You must promptly notify us with any questions or concerns of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Course. Do not share your username and/or password with any third-party. 

Comment: You must submit true and accurate information when you create an account.

5. PARTICIPATION REQUIRED

Your own participation is integral to your success with the lessons taught within the Course and your successful achievement of the Course Objective. It is your responsibility to participate in the Course and any exercises and other recommendations in order to reach the Course Objective.

Comment: You get out of the Course what you put into it!

6. INTELLECTUAL PROPERTY

All Course Materials are Company’s exclusive property (and/or the property of its licensors), and are protected under applicable copyright, trademark, and other proprietary rights. You may only use the Course Materials as expressly permitted by this Agreement. Your violation of Company’s copyright and other proprietary rights in the Course Materials may subject to you to paying monetary damages and other penalties. You may use the Course Materials only in connection with your individual participation in the course and achieving the Course Objective. Replication or any other use of the Course Materials for monetization or for purposes of your own commercial benefit or profit is strictly prohibited. Unauthorized copying, distribution, publication, modification, other use, or making available any Course Materials for use or viewing by others – for example, allowing a non-Course student access to the Course Materials – is also strictly prohibited. You may not modify, monetize, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works (or “knock-off” or “spin-off” works) from -- or transfer, sell or otherwise exploit or infringe on -- any portion of the Course or the Course Materials or any products, or services obtained from or otherwise transmitted through the Course. Nothing in this Agreement should be interpreted as granting any license or right for you to use any Course Materials or other intellectual property belonging to Company without Company’s express written permission. To be clear, Course Materials are not for resale or distribution in your own community, membership, course, business offer or product unless we specifically state otherwise, in writing. Any violation of this Section will be grounds for termination, with or without notice, and all other available legal action

Comment: You don’t own any part of the Course Materials, and you can only access and use the Course Materials according to the terms of this Agreement. No sharing the Course Materials with anyone outside of the Course. No copying, monetizing, or otherwise using the Course Materials except for your own personal use.

7. COMPLIANCE WITH LAWS

You assume all knowledge of laws applicable to your use of the Course and Course Materials and are responsible for complying with all such laws. You are prohibited from using the Course in any way that violates any laws, regulations, or other government requirements. 

Comment: You must use the Course in a way that abides by all applicable laws, regulations, and similar requirements.

8. DISCLAIMER

The Course is for educational purposes only. No content located on or accessed through the Course is intended to, nor does it constitute legal, professional, financial, tax-related, medical, or healthcare advice or diagnosis, and may not be used for such purposes. RESULTS VARY. COMPANY DOES NOT GUARANTEE ANY PARTICULAR RESULTS FROM THE COURSE. IT IS IMPOSSIBLE FOR US TO GUARANTEE THESE THINGS, SO WE MAKE NO WARRANTY (PROMISE) THAT 1) THE COURSE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, 2) THE COURSE, AND ANY CONTENT PROVIDED IN THE COURSE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, 3) ANY ERRORS IN SOFTWARE WE UTILIZE WILL BE CORRECTED, OR 4) YOU WILL BE ABLE TO ACCESS THE PLATFORM(S) ON WHICH THE COURSE IS MADE AVAILABLE. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the Course.

Comment: Results aren’t guaranteed, and we make no warranties or guarantees regarding the Course or any specific results.

9. LIMITATION OF LIABILITY

COMPANY WILL NEVER BE LIABLE TO YOU FOR ANY UNFORESEEABLE DAMAGES THAT OCCUR IN CONNECTION WITH THIS AGREEMENT OR THE COURSE. IF LIABILITY IS IMPOSED ON COMPANY, THE MAXIMUM WE WILL BE RESPONSIBLE FOR IS THE FEE YOU PAID IN EXCHANGE FOR ACCESS TO THE COURSE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

Comment: Company disclaims all liability in connection with the Course and Course Materials. If Company is found liable regardless of this disclaimer, the maximum we’ll be obligated to pay is the total Fee you paid for the Course.

10. PROHIBITED ACTIONS

 You are prohibited from doing or participating in any of the following in connection with your participation in the Course:

• Using the Course for any commercial purpose or for the benefit of any third party, including, but not limited to, permitting unauthorized access to the Course, Course Materials, or any related content or selling any Course Materials or distributing or allowing access to the Course Materials to anyone else;
• Posting or transmitting material that violates or infringes in any way on the rights of others, including, without limitation, any copyright, trademark, patent, trade secret, moral right, or other intellectual property right, right to privacy, right of publicity, or personal, contractual, proprietary, or other third-party right of Company or any other person or entity; 
• Posting or transmitting material that impersonates another or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, hateful, vulgar, obscene, profane, pornographic, lewd, filthy, excessively violent, harassing, racist, or otherwise objectionable; 
• Posting or transmitting material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation; 
• Posting or transmitting material that includes private, personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references; 
• Posting or transmitting material that contains a formula, instruction, or advice that could cause harm or injury; 
• Posting or transmitting material where the licensed use of that material by Company would result in Company having any obligation or liability to any party; or
• Posting or transmitting material through the Course that could be used to facilitate mail abuse or unsolicited email of any type (spam). 

We may reject or eject any student for any reason whatsoever.

Comment:  You definitely, definitely can’t do any of the bullet-pointed things above.

11. USER CONTENT

You warrant and represent (aka promise) that all content you add to any forums or submit to us including, without limitation, messages, documents, files, images, designs, photos, comments, videos, information, and/or other materials (“User Content”) does not infringe the rights of any third party. By adding or uploading User Content, you warrant and represent that you own or have the necessary permissions to use the User Content in that way. Company is not responsible or liable for any User Content accessible through the Course or any forum or community offered in connection with the Course. User Content does not express Company’s views. Company has the right, but not the obligation, to monitor User Content but does not guarantee that it will edit or delete User Content. Company reserves the right to reveal your identity (or whatever information Company knows about you) if a complaint or legal action arises from your behavior or any User Content submitted or transmitted by you through the Course or any related forum or community. Company is not responsible for the accuracy of any User Content and you -- and not Company -- are solely responsible for any User Content you post, upload, or access. Company provides this Course for entertainment, informational, and educational purposes only. You may not rely on any information and opinions expressed through the Course for any other purpose. 

By posting or uploading User Content through this Course, you grant Company permission to use the User Content in connection with the Course. By submitting User Content, you also grant Company the right, but not the obligation, to use your biographical information, including, without limitation, your name and geographical location, in connection with broadcast, print, online, or other use or publication of your User Content solely in connection with promoting the Course. Regardless, you waive all claims you may now or later have in any jurisdiction to so-called “moral rights” with respect to the User Content.

Comment: You control all content that you add or upload through the Course and make certain promises with regard to that content. We aren’t responsible for any User Content, and you shouldn’t rely on any User Content. We don’t own User Content, but we have a license to use any User Content in connection with the Course.

12. SEVERABILITY

If any part of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will remain valid, binding, and enforceable.

Comment: If any part of this Agreement is stricken or unenforceable, the rest of this Agreement won’t be affected.

13. WAIVER

Company’s failure to insist on or enforce any provision of this Agreement will not be construed as, and does not constitute, a waiver of any other provision or right, or of any subsequent breach. 

Comment: By waiving one breach of this Agreement, we’re not waiving subsequent breaches.

14. ASSIGNMENT

Company may assign this Agreement to a successor-in-interest. You may not. Any other assignment or attempted assignment made by you or Company will be deemed void.

Comment: You can’t assign your part in this Agreement.

15. APPLICABLE LAW; VENUE. 

The laws of the state of Illinois, without regard to conflicts of laws principles, will govern this Agreement and any dispute that may arise between you and Company or its affiliates. Any and all disputes arising under or related to this Agreement must be settled in a court of competent jurisdiction in Chicago, Cook County, Illinois (or, if no such court exists, as close as possible to that location).

Comment: Here are the state’s laws that apply and the geographic location where any disputes must be brought.

16. INDEMNIFICATION.

You will indemnify, defend and hold harmless Company and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to your material breach of this Agreement. You will cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not, under any circumstances, settle any such matter without Company’s written consent. Indemnification for purposes of this Agreement will include attorneys’ fees and costs Company incurs as a result of your breach.

Comment: If Company suffers damage or is on the receiving end of any claim, lawsuit, etc. in connection with your breach of this Agreement or in connection with the Course, you are financially responsible for that damage.

17. ENTIRE AGREEMENT; ADDITIONAL MISC. TERMS. 

The headings and summaries in this Agreement are for reference only and do not affect the interpretation of this Agreement. This Agreement, along with the Summary first listed above, the explanatory comments, and the Privacy Policy (available here: https://www.lolacharlescommunications.com/legal) constitute the entire agreement between you and Company regarding the Course, and supersedes all prior or contemporaneous communications or agreements, whether electronic, oral, or written, between you and Company with respect to the Course. To the extent the terms in the body of this Agreement conflict or contrast with the Summary at the beginning of this Agreement, the provisions in the body paragraphs of the Agreement will govern its interpretation. Regardless, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the Course. Company may revise this Agreement at any time by updating it and posting it on the Course website, but not without first notifying you. Your continued use of the Course after being notified of any changes that have been made to the Agreement signifies and confirms your acceptance of any such changes or amendments to this Agreement.

By enrolling in the Course, you agree that you understand and have thoroughly reviewed this Agreement, or that you have had ample opportunity to review it and have it fully explained to you.

If you have any questions regarding this Agreement, please contact Company at [email protected].

Comment: This Agreement replaces any other agreements between you and Company regarding the Course. Company might update this Agreement, but you will be notified if that happens.