Last Updated: January 1, 2018
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE ACCESSING OUR ONLINE TRAINING COURSES.
1. Use of Site
2. Trademark and Copyright
Freshspot Marketing LLC and certain other brands, trademarks, names, logos and service marks displayed on this Site are marks of Freshspot Marketing LLC and its affiliates. The Materials on this Site are copyrighted, and any unauthorized use of any Materials on this Site may violate copyright, trademark, and other laws. Nothing contained in this Site should be construed as granting any license or right to use any trademark or copyrighted material without the prior permission of the owner.
If any links to external websites are provided, they are solely as a convenience to you. Freshspot Marketing LLC has not reviewed all of these external websites, does not control and is not responsible for any of these sites or their content. If you decide to access any of the external websites linked to this Site, you do so entirely at your own risk.
4. No Warranty
The Materials provided at this site and any related personalized coaching services are provided “as is” without any express or implied warranties, representations, statements or guarantees of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Freshspot Marketing LLC further does not warrant the accuracy and completeness of the Materials at this Site. Freshspot Marketing LLC may make changes to the Materials at this Site, or to the services and prices described in them, at any time without notice. The Materials at this Site may be out of date, and Freshspot Marketing LLC makes no commitment to update the Materials PROVIDED at this Site.
5. Return Policy
If you start the program and don’t feel like it is working for you, you can return the entire system at no cost to you within 30 days of purchase. If 30 days have gone by since your purchase or if you have completed your personal coaching call with David Meerman Scott, unfortunately we can’t offer you a refund. Please contact [email protected]
6. Completion Date
The online program does not expire. If you purchased personal coaching with David Meerman Scott, it must be completed within one year of purchase. Please contact [email protected] to schedule coaching.
7. Limitation of Liability
YOU ARE PURCHASING ACCESS TO INFORMATION AND/OR COACHING SERVICES. Freshspot Marketing LLC HAS NO CONTROL OVER HOW YOU WILL UTILIZE THE INFORMATION AND SERVICES. In no event will Freshspot Marketing LLC, its suppliers, or other third parties mentioned at this Site be liable for any damages whatsoever (including, without limitation, those resulting from implementing the ideas presented AT the site and any related personalized coaching services, interruption of services, or inaccurate information) arising out of the use, inability to use, or the results of the use of this Site, any websites linked to this Site, or the Materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the Materials, information from this Site, OR COACHING SERVICES results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
8. Applicable Law
9. Effective Date and Updates
If you fail, or Freshspot Marketing, LLC suspects that you have failed, to comply with any of the provisions of this Agreement, Freshspot Marketing, LLC, at its sole discretion, without notice to you may: (i) terminate this Agreement and you will remain liable for all amounts due under your account up to and including the date of termination; and/or (ii) terminate your right to use the Materials; and/or preclude access to the Site.
12. Arbitration and Class Action Waiver.
If the parties cannot resolve any dispute, controversy, or claim arising out of or relating to this Agreement or any Materials (“Dispute”) after using good faith efforts to resolve the Dispute informally, the Dispute shall be settled by arbitration in accordance with the Arbitration Rules of the American Arbitration Association. Such arbitration shall be conducted by a single arbitrator who shall have not authority to add to, modify, change or disregard any lawful terms of this Agreement. The arbitration shall be held within twenty miles of Boston, Massachusetts, and judgment upon the award rendered may be entered in any court having jurisdiction, and the parties hereby consent to the jurisdiction of the Massachusetts courts for this purpose. There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST FRESHSPOT MARKETING, LLC IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.