THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH SELLING ON SOCIALSOFFERS YOU ACCESS TO ITS SERVICES. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Selling On Socials (“Selling On Socials”) provides this website,sellingonsocials.com (“Website”) and the related services (“Services”) to You the user, as an individual only (“User,” “You,” or “Your”). As a condition of Your use of the Services, You, the User, agrees to these Terms of Use (“Agreement”) without limitation or qualification along with the sellingonsocials.com Privacy Policy, which is hereby incorporated into this Agreement by reference. Should You not agree to the terms of this Agreement, please do not use this Website or the related Services or any of its Content.
Selling On Socials may amend this Agreement from time to time by posting new Terms of Use to the Website. Users are required to check this Agreement for updates periodically and Selling On Socials has no obligation to inform Users of any amendments to the Agreement. Any use by a User of the Website or Services after the new Terms of Use are posted shall be deemed to constitute an agreement by User to the amended Agreement.
Services. The Services offered by the Website, include access to a number of products to allow individual realtors to access products designed to help real estate agents grow their businesses and clientele. The products may include access to social media content such as images and video, social media guidelines, strategic marketing plans, and other creative materials as added by Selling On Socials from time to time (all referred to as “Content”). The type of Content available to Users may vary based on the type of package selected by the applicable User, and Selling On Socials reserves the right to establish multiple tiers of Services with differing types of Content available to Users.
Availability of Content. The availability of Content may change from time to time and Selling On Socials does not guarantee that any Content will be available or remain available on the Website or through the Services. Selling On Socials reserves the right to modify or remove Content without notice for any reason.
Access Eligibility. You must be at least eighteen (18) years of age to register to use the Website and Services. Selling On Socials’ Services are available only to individuals who can form legally binding contracts under applicable law. Selling On Socials reserves the right to refuse access to or use of our Website or Services to anyone not complying with this Agreement, at any time, in its sole discretion.
Registration/Your Account. You may browse the Website without registering. However, You must register on the Website and establish an account (“Account”) in order to use all of the Services. During registration, You will be asked to provide information such as Your name, address, email address, birthday, and Instagram handle. You will also be asked to create a User ID and password to identify Yourself in future visits to the Website in addition to accepting the terms of this Agreement. It is YOUR responsibility to maintain the confidentiality of Your User ID and password, but You may share your ID and password with your social media manager. You agree to accept responsibility for all activities that occur under Your Account. You may not transfer, assign or sell Your Account to any third party. All of the information that You provide during registration is collected according to the terms of thesellingonsocials.com Privacy Policy. PLEASE NOTE: YOU MUST PROVIDE ACCURATE AND CURRENT INFORMATION TO SELLING ON SOCIALS. IF YOU PROVIDE ANY INFORMATION THAT IS FALSE, MISLEADING, INACCURATE, NOT CURRENT OR INCOMPLETE DURING REGISTRATION OR OTHERWISE, SELLING ON SOCIALS RESERVES THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE SERVICES (OR ANY PORTION THEREOF). ANY ACTIVITIES THAT ARE ILLEGALLY CARRIED ON WITHIN THE WEBSITE WILL BE REPORTED TO THE APPROPRIATE FEDERAL, STATE OR LOCAL AUTHORITIES.
Subscription Fee. In order to use the Services, You will be required to pay Selling On Socials standard monthly or annual subscription fee (as selected under your Account) which shall be posted on the Website (“Subscription Fees”). Selling On Socials’ may modify the Subscription Fees from time to time by posting new Subscription Fees to the Website, and Your continued use of the Services will be considered an acceptance of the updated Subscription Fees. In the event You do not agree to the updated Subscription Fees, Your only remedy is to terminate your Account. At the time that You establish an Account, You will be required to place a credit card on file with Your Account in order to pay the Subscription Fee, and You authorize Selling On Socials to automatically charge the Subscription Fee to Your credit card. You shall be solely responsible for managing Your credit card on file with Your Account. You represent and warrant to Selling On Socials that You are the holder of all credit cards on file with Your Account, and if You are not the account holder of a credit card, You have all requisite power and authority to use and incur charges on such credit card on behalf of the account holder. In the event that Your credit card no longer processes, or Selling On Socials believes that You are not authorized to incur charges on a credit card with Your Account, Selling On Socials may immediately suspend Your Account.
Electronic Communications. When You send e-mails to Selling On Socials, visit the Website, or participate in a webinar, You are communicating with Selling On Socials electronically. By registering Your Account, You agree that Selling On Socials may send emails to You, and You consent to receive emails or other electronic communications from Selling On Socials. Generally, Selling On Socials will communicate with You by e-mail or by posting notices on this Website.
Term. This Agreement shall remain in full force and effect while You are using the Website or Services whether You are a visitor or a registered User. You may delete Your Account at any time, by logging into your Account and selecting the option to delete your Account. Upon deletion of your Account, the Subscription Fee will cease. However, please note that even if You delete Your Account but continue to use the Services as a visitor, Your use of the Services is still subject to this Agreement. Selling On Socials may terminate Your Account or rights to use the Services for any or no reason at any time by ceasing to provide the Services to You. You understand that termination of this Agreement and the Account You have created with Selling On Socials may involve deletion of Your Account information from Selling On Socials’ databases. Selling On Socials will not have any liability whatsoever to You for any termination of Your Account or related deletion of Your information.
Ownership of Services and Content. You acknowledge that all the intellectual property rights in and to the Website, Services, and Content are owned by Selling On Socials or its third-party licensors. Except as permitted in Section 9 below, You agree not to: (a) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Website, Services, or related Content, or the Content’s underlying text, software, graphics, photos, sounds, music, videos, or interactive features; (b) rent, lease, loan, or sell access to the Services; and (c) use the Content in conjunction with any business which provides services designed to help real estate agents to grow or develop their business, to market their business, or to promote their business on social media.
Grant of License. Selling On Socials grants You a personal, revocable, non-exclusive, non-transferable, non-sublicensable, world-wide, license to access and use the Services solely for personal, commercial purposes as permitted by this Agreement. Selling On Socials grants You the right to post Content obtained from the Website on your social media for the purpose of promoting your business and the right to modify the Content so long as it is used for the purpose of promoting your business. This license to You will automatically terminate if you violate this Agreement. Specifically, a User may not share the Services with other users in the User’s business or organization unless expressly authorized by Selling On Socials.
Client Behavior. While User is allowed to express his/her opinion regarding Selling On Socials, should User make any false or disparaging comments within the SOS Members-Only Facebook group, to other members of SOS, or otherwise publicly speak negatively about Selling On Socials, Alexis Shadle and/or Brooke Shadle, or any other member of Selling On Socials, User may be removed from the SOS community. Selling On Socials places community and positivity at the forefront of their brand, and in order to preserve community standards and experience for other members, a customer who cannot abide by this may lose his/her access to the community. Users understand that any extensive negativity or similar disruption to the community in this way may result in termination or suspension of Your Account and rights to use the Services and all relevant communities, with NO REFUND.
Violation of this Agreement and Refusal of Service. Any use of the Website or Services in violation of this Agreement may result in, among other consequences, termination or suspension of Your Account and rights to use the Services, and Selling On Socials may disclose information about Your use of the Services in accordance with the sellingonsocials.com Privacy Policy. Selling On Socials reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. Selling On Socials reserves the right to limit the number of participants in any given online class or membership.
Lawful Use. You will use the Website, Services, and Content in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes.
Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE WEBSITE, SERVICES, AND CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND CONTENT ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. SELLING ON SOCIALS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLING ON SOCIALS MAKES NO PROMISES REGARDING RESULTS OF USING THE SERVICES AND CONTENT REGARDING YOUR EARNINGS, BUSINESS PROFIT, MARKETING PERFORMANCE, AUDIENCE GROWTH OR RESULTS OF ANY KIND AND SELLING ON SOCIALS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY APPLICATION THROUGH THE USE OF THE SERVICES OR CONTENT SHALL BE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE, OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR CONTENT. 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. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability. YOU AGREE THAT THIS WEBSITE, SELLING ON SOCIALS, ITS OWNERS, OFFICERS, AND EMPLOYEES SHALL IN NO WAY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICES OR CONTENT.
Indemnification. You agree to indemnify and hold harmless this Website, Selling On Socials, its officers, directors, employees, third party licensors, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that You have used the Services or Content in violation of another party’s rights, in violation of any law, in violations of any provisions of this Agreement, or any other claim related to Your use of the Services.
Governing Law and Venue. Your use of the Website and this Agreement shall be governed by the laws of the State of Arizona where permitted. Should a dispute arise concerning this Agreement or the breach of this Agreement by any party, such dispute shall be brought in a court of competent jurisdiction in Maricopa County, Arizona. To the extent permitted by law, You agree that You will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that You may have against Selling On Socials. You agree to the entry of injunctive relief to stop such a lawsuit or to remove You as a participant in the suit.
Attorneys’ Fees. In the event that Selling On Socials must bring legal action in order to enforce this Agreement, or You bring legal action against Selling On Socials, and if Selling On Socials prevails, You shall pay Selling On Socials’ costs of litigation, including reasonable attorneys’ fees and court costs.
Assignment. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Selling On Socials without restriction.
Survival of Terms. The terms of Sections 3, 4, 6, 8, 9, 10, 12, 13, 14, 15, 16, and 17 of this Agreement shall remain in full force and effect notwithstanding the termination of this Agreement.
Notice and Service of Process. All notices, requests, claims, demands and other communications to Selling On Socials shall be in writing and shall be given (and shall be deemed to have been duly given upon receipt) by delivery in person or by registered or certified mail (email is not considered a valid method of communication for service of process to Selling On Socials). User shall send notices to Selling On Socials at hello@sellingonsocials.com or the following address:
Selling On Socials 3104 E Camelback Rd #2420 Phoenix, Arizona, USA 85016
Selling On Socials is authorized to send any notices to a User under this Agreement to the mailing address, facsimile number and/or e-mail address associated with such User’s Account, as such information may be updated by User from time to time. In the event that a User does not have a valid mailing address, facsimile number and/or e-mail address associated with User’s Account, User agrees that service of process through the Secretary of State where User resides, shall be deemed effective service of process.
Force Majeure. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.
