Freshspot Marketing LLC

Terms of Use

Last Updated: January 1, 2018

IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE ACCESSING OUR ONLINE TRAINING COURSES.

Freshspot Marketing LLC maintains a program website, any courses offered, related personalized coaching services, and other linked and related sites (the “Site”) for the use of its customers, vendors, students, and other Site users (“Users”) upon agreement to the following terms. Please read the terms carefully before using the Site. Use of this website indicates acceptance of these “Terms of Use” and forms a binding agreement between you and Freshspot Marketing LLC. If you do not agree to these terms, do not use this Site.

1. Use of Site
Freshspot Marketing LLC may provide various materials, information, quizzes, tests, questions, articles, news and other information on this and related sites and in courses offered through this site (the “Materials”). Freshspot Marketing LLC authorizes each User to view and in some cases download one copy of the Materials. Materials that are permitted to be downloaded may be downloaded for a maximum of one copy of the Materials and may be printed provided that Users make no modifications to the Materials and you retain all copyright and other proprietary notices contained in the original Materials and on any copies of the Materials. Users may not modify the Materials at this Site in any way or reproduce, share or distribute them. Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Materials or their contents, to any other person or entity. Any breach of these Terms of Use automatically terminates your authorized use of the 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.

3. Hyperlinks
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
The Terms of Use are governed by the laws of the Commonwealth of Massachusetts, USA, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that to the extent applicable, the state or federal courts located in Middlesex County or Boston, Massachusetts shall have exclusive jurisdiction over all controversies arising under this Agreement and agree that venue is proper in those courts. Failure to enforce strict performance of the Terms of Use shall not be construed as a waiver of any provision or right. Freshspot Marketing LLC may assign its rights and duties under the Terms of Use without notice to any party at any time.

9. Effective Date and Updates
The Terms are effective as of January 1, 2018 and are subject to change without notice by Freshspot Marketing LLC at any time. If Freshspot Marketing, LLC makes changes to these Terms of Use, Freshspot Marketing, LLC will provide you with notice of such changes, such as by sending you an email and/or posting the amended Terms of Use on the Site and updating the “Last Updated” date at the top of these Terms of Use. All amended Terms of Use become effective immediately on the date they are posted to the Site unless otherwise stated. Any amended Terms of Use will apply prospectively to use of the Materials after such changes become effective. Your continued use of the Materials following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms of Use, you must discontinue using the Materials.

10. Indemnification
To the extent authorized by law, you agree to indemnify and hold harmless Freshspot Marketing, LLC and its employees, members, managers, affiliates and agents from and against any and all claims, losses, expenses, damages, costs, including reasonable attorneys’ fees, resulting directly or indirectly arising out of your violation of these Terms of Use or your use of any of the Materials or the coaching services.

11. Termination
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.