TERMS OF USE

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE
BEFORE ACCESSING, USING, OR MAKING A PURCHASE WITH UNSTUNG MARKETING LLC.

BY PURCHASING ANY PRODUCT, PROGRAM OR SERVICE OFFERED BY UNSTUNG MARKETING LLC, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND YOU FULLY ACKNOWLEDGE THAT YOU READ THESE TERMS OF USE IN IT'S ENTIRETY.

THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

EFFECTIVE DATE: 05/18/2019
CONTACT:

UNSTUNG MARKETING LLC

CONNECT@ALEXALBARRAN.COM

954-383-5982
The Programs, Products, and Services are owned and operated by Unstung Marketing, LLC. (“Company”, “UM, “we”, or “us”). The term you (“You”, “Participant”, "Client") refers to any purchaser and/or user of any of our Programs, Products and/or Services. 

By purchasing any of the Programs, Products and Services from Unstung Marketing, LLC , you agree and consent to the following Terms of Use that govern your use of those Programs, Products and Services and that form a legal agreement between you and Unstung Marketing, LLC


TERMS OF USE

These Terms of Use (“Terms of Use”) state how you may use our Programs, Products and Services and Program Materials, and their content. Please read these Terms of Use carefully. We reserve the right to change these Terms of Use from time to time.

If we make changes to these Terms of Use, we will provide notice of such changes by updating the “Last Updated” date at the top of these Terms of Use.

By using any of our Programs, Products and Services you are agreeing to the Terms of Use as they appear and are legally bound by them, whether or not you have read them. 

These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Programs, Products, Services and Program Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.


USE AND CONSENT

By purchasing or using any of our Programs, Program Materials, Products or Services, you agree to abide by these Terms of Use as well as our Disclaimer, Terms & Conditions, and Privacy Policy and any other terms and conditions that may apply, and are you are required to act in accordance with them. Accessing, purchasing or using our Programs, Products, Services or Program Materials, in any manner constitutes use of the Program, Products, Services and Program Materials, and your agreement to be bound by these Terms of Use.


DISCLOSURES:


BUSINESS OPPORTUNITY DISCLOSURE

BEFORE YOU MAKE A DECISION ABOUT WORKING WITH UNSTUNG MARKETING LLC, PLEASE REVIEW OUR BUSINESS OPPORTUNITY DISCLOSURE DOCUMENT HERE.

By paying any/all Unstung Marketing LLC invoices and/or payment links, you acknowledge that you have reviewed our business opportunity disclosure document. Unstung Marketing LLC shares this document with you before you schedule a consultation with us so you have sufficient time to review the disclosure before you speak with us.

Click here to review Unstung Marketing LLC's business opportunity disclosure.


AFFILIATE DISCLOSURE

It is disclosed and acknowledged that Builder To Contributor LLC, Christy Vann, Denzel Rodriguez, Stephen Gardner, and SKG Holdings LLC are referral affiliates of Unstung Marketing LLC. As a result of their affiliation, these affiliates may receive referral payments from Unstung Marketing LLC in accordance with the terms and conditions agreed upon between the parties. This disclosure is made to ensure transparency regarding the relationships and financial arrangements among the parties involved.


PLATFORM DISCLOSURE

UNSTUNG MARKETING LLC HAS NO OFFICIAL AFFILIATION WITH E-COMMERCE SELLING PLATFORMS SUCH AS AMAZON, WALMART, SHOPIFY ETC… YOU ARE NOT GUARANTEED TO BE APPROVED TO SELL ON ANY PARTICULAR ONLINE E-COMMERCE PLATFORM BY WORKING WITH UNSTUNG MARKETING LLC.


REFUND POLICY

Due to the nature of the products, services, programs and program materials that we offer, including, but not limited to, the time that we will invest in Participant's account, we do not offer refunds under any circumstance for any of our products, services, programs or program materials.

All sales are final.

 PLEASE DO NOT PURCHASE ANY OF OUR PRODUCTS, SERVICES, PROGRAMS OR PROGRAM MATERIALS IF YOU DO NOT AGREE WITH OUR REFUND POLICY. BY PURCHASING ANY OF OUR PRODUCTS, SERVICES, PROGRAMS, OR PROGRAM MATERIALS, YOU ARE FULLY AGREEING TO OUR REFUND POLICY.


PARTICIPANT RESPONSIBILITY

The Programs, Program Materials, Products, and Services provided by Unstung Marketing LLC are NOT GUARANTEED TO MAKE ANY MONEY AT ALL OR GENERATE ANY RESULTS WHATSOEVER. Participant accepts and agrees that ALL BUSINESS ENTAILS RISK AS WELL AS MASSIVE AND CONSISTENT EFFORT AND ACTION. IF YOU’RE NOT WILLING TO ACCEPT THAT, PLEASE DO NOT PURCHASE OUR COURSES, SERVICES OR PROGRAMS.


PERMISSIONS

You are permitted to use our Programs, Products, Services and Program Materials as follows:
You may download and/or print Program Materials for your own personal use in your business.
However, you are not permitted to share, sell, reprint or republish any other of our Program Materials, including handouts, for resale or mass reproduction purposes for your own business use.
Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product or Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.


GUARANTEE AND RESULTS DISCLAIMER

Participant understands that Company is not an agent, lawyer, doctor, manager, therapist, registered dietician, or psychotherapist for Participant. Participant also understands that their participation in the Programs, Products and/or Services offered will not guarantee any business and/or income results whatsoever. Some stores may make no money at all.

Participant understands that Company has not promised, shall not be obligated to and will not deliver any guaranteed outcomes as a result of following the recommendations set forth in the Program, Product and/or Service. Participant should make their own business decisions based on their own personal goals, objectives and desires.

Company makes no representations, warranties or guarantees verbally or in writing. Participant understands that because of the nature of the Programs, Products, Services offered by Unstung Marketing LLC, the results experienced by each Participant may significantly vary. 

By purchasing and/or using our Programs, Products, Services or Program Materials in any way or for any reason, you understand and acknowledge that YOUR RESULTS WILL VARY AND DEPEND ON MANY FACTORS INCLUDING BUT NOT LIMITED TO YOUR BACKGROUND, EXPERIENCE, MARKET CONDITIONS, MACROECONOMIC FACTORS, SOCIAL MEDIA PLATFORM ISSUES, E-COMMERCE PLATFORM ISSUES AND WORK ETHIC. ALL BUSINESS ENTAILS RISK AS WELL AS MASSIVE AND CONSISTENT EFFORT AND ACTION. IF YOU’RE NOT WILLING TO ACCEPT THAT, PLEASE DO NOT PURCHASE OUR COURSES, SERVICES OR PROGRAMS.


CLIENT SATISFACTION GUARANTEE

Any client satisfaction guarantee offered on a client-by-client basis binds Unstung Marketing to work with the client for however long it takes for the client to achieve 100% satisfaction with the services provided. This guarantee applies on a client-by-client basis and remains in effect until the Client expresses written satisfaction with the results or the Service Agreement is completed. It is important to note that this clause does not guarantee specific income results or outcomes; rather, it signifies Unstung Marketing's unwavering commitment to diligently working with the Client to achieve their satisfaction. This guarantee does not supersede our refund policy, which remains in effect as stated in the applicable terms and conditions.


EARNINGS DISCLAIMER

EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT OUR PROGRAMS, PRODUCTS, SERVICES AND THE POTENTIAL.
YOUR CONTINUED USE OF THIS SITE IS YOUR EXPRESS ACKNOWLEDGMENT THAT Unstung Marketing, LLC HAS NOT GUARANTEED ANY PARTICULAR RESULTS AND THAT ANY REFERENCES TO, OR TESTIMONIALS PROVIDED BY OTHER INDIVIDUALS SHOULD NOT BE CONSTRUED AS AN INDICATION OF GUARANTEED RESULTS FOR YOUR PARTICULAR BUSINESS.

THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE IDEAS AND TECHNIQUES IN ANY OF OUR Programs, Products, Services or Program Materials.  EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. THIS PRODUCT IS NOT A “GET RICH SCHEME.”

WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. 

MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. 

YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.

ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE’S, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR THE TEACHING IN OUR MATERIAL.

IT SHOULD BE CLEAR TO YOU THAT BY LAW WE MAKE NO GUARANTEES THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS, STRATEGIES, PROGRAMS, SERVICES, PRODUCTS, PROGRAM MATERIALS OR SUGGESTIONS PRESENTED ON OUR SITE, AND WE OFFER NO PROFESSIONAL LEGAL, MEDICAL, PSYCHOLOGICAL OR FINANCIAL ADVICE.


INDEMNIFICATION

Participant hereby indemnifies and holds harmless the Company, its officers, directors, employees, contractors, affiliates, agents, successors and assigns from and against any and all claims, liabilities, damages, actions, causes of action, suits, threats, demands, settlements, including all costs and attorney fees related thereto, that the Company may incur and which are based in whole or in part upon the Participant’s participation in the Programs, Products, and Services and any claims that any of the Participant’s trademarks and other intellectual property and proprietary material infringe upon the rights of any third party, the Participant breach of any term, covenants, condition, representation or warranty contained in this Agreement or any policies of participation in the Programs, Products, and Services, or any claim related directly or indirectly to the Participant’s use, operation or the content of Unstung Marketing, LLC's website(s). 

Participant shall defend Unstung Marketing, LLC in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Participant recognizes and agrees that all of Unstung Marketing, LLC members, shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of Unstung Marketing, LLC.

LIMITATION OF LIABILITY

Participant agrees that their use of Unstung Marketing, LLC's Program, Product and/or service is at their own risk. Participant releases Unstung Marketing, LLC [his/her] members, officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from participation in the Program and Discord Group. Participant accepts any and all risks, foreseeable or unforeseeable.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND UNSTUNG MARKETING LLC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.


WITH REGARDS TO FINANCIAL CONTENT ON THE SITE:

NEITHER UNSTUNG MARKETING LLC NOR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND AGENTS ARE FINANCIAL ADVISERS AND NOTHING CONTAINED ON THE SITE IS INTENDED TO BE OR TO BE CONSTRUED AS FINANCIAL ADVICE.


PAYMENT

You may pay via check, ACH bank transfer, credit or debit card.

If you have not provided a form of payment for a successful charge within 10 days of a payment due date, your access to the Program, Product and/or Service will be suspended until payment is made; without refund of the installments made.


FAILURE TO PAY

A failure to pay an installment payment related to any of the Services may result in the immediate suspension or termination of all Services. Upon suspension or termination, you will no longer be able to access your account and any Services. To maintain access to your account and all corresponding Services, your account and payments must be current and in good standing for all programs and Services for which you have registered. Pursuant to our Refund Policy, if your account is suspended or terminated for a failure to pay, you will not receive any refund whatsoever.

Your online access to all program materials is contingent on maintaining good standing in all of our programs for which you have registered. A failure to pay an installment for any program may result in the suspension or termination of your account and access to programs.

If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products and/or Services.

All information obtained during your purchase or transaction for our Programs, Products and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products, Services, and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.


TERMINATION

This Agreement will take effect (or shall re-take effect) at the time you click “SUBMIT,” “PAY NOW,” “ORDER NOW”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE”, "PAY" or similar links or buttons, otherwise submit information through the Site, respond to a request for information, begin installing, accessing, or using the Site, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest.

If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Unstung Marketing, LLC.

Unstung Marketing, LLC is committed to providing all Participants in the Program and Discord Group with a positive Program and Discord Group experience. Participant agrees that Unstung Marketing, LLC may, at [his/her] sole discretion, terminate this Agreement, and limit, suspend, or terminate Participant’s participation in the Program and Discord Group without refund if Participant becomes disruptive to Unstung Marketing, LLC or Participants, Participant fails to follow the Program and Discord Group guidelines, is difficult to work with, impairs the participation of the other participants in the Program and Discord Group or upon violation of the terms as determined by Unstung Marketing, LLC.

All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, will still apply now and in the future, even after termination by you or us.


GOVERNING LAW & DISPUTE RESOLUTION

1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

2. Arbitration: Any claim or dispute between Client and Unstung Marketing LLC arising out of, in connection with, or related to this Agreement shall be submitted to final, binding, and conclusive arbitration, which shall be the sole and exclusive means of resolving such disputes. The arbitration shall be administered by the American Arbitration Association (AAA) pursuant to the American Arbitration Association Arbitration Rules and Procedures then in effect Any arbitration shall be held in West Palm Beach, Florida. The parties acknowledge and agree that the choice of arbitration is a material and integral part of this Agreement, and no party shall have the right to bring such disputes before a court of law, except to enforce the arbitration award.

3. Confidentiality: All arbitration proceedings, including but not limited to hearings, documents, and awards, shall be treated as confidential by both parties. Neither party shall disclose any details of the arbitration proceedings to third parties.

4. Appeals: The parties agree that the arbitration decision shall be final and binding, with no provision for appeal or review, except in cases where the arbitrator's award includes a legal error that substantially affects the rights of one or both parties. In such cases, either party may seek judicial review in accordance with applicable law.

5. Costs of Arbitration: Each party shall bear its own costs and expenses of arbitration, including legal fees and expenses. The costs of the arbitration, including the arbitrator's fees, shall be borne equally by the parties, unless the arbitration award provides otherwise.

6. Enforceability: The decision of the arbitrator shall be final and binding upon both parties. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof.

7. Survival Clause: The provisions of this clause shall survive the termination or expiration of this Agreement. 

By purchasing our Programs, Program Materials, Products or Services you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.


CLASS ACTION WAIVER AND INDIVIDUAL ARBITRATION 

Both parties expressly waive any right to participate in or initiate class or collective actions, whether in arbitration or in court. The parties agree that all disputes arising out of or in connection with this Agreement shall be resolved through individual arbitration only.

No claims or disputes shall be consolidated, joined, or arbitrated on a collective or class-wide basis without the express written consent of all parties involved. Furthermore, the parties acknowledge and agree that arbitration is the exclusive and sole remedy for resolving any disputes or claims related to this Agreement. No party shall have the right to bring such disputes before a court of law, except to enforce the arbitration award.

Severability

 In the event that any provision, clause, or part of this agreement is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not in any way impair or affect the validity, legality, or enforceability of the remaining provisions, clauses, or parts of this agreement. The parties expressly intend that each remaining provision, clause, or part of this agreement shall remain in full force and effect, and any such invalid, illegal, or unenforceable provision, clause, or part shall be reformed to the fullest extent permitted by applicable law to carry out the original intent of the parties to the maximum extent possible.


CONTACT

Any questions or concerns related to this Agreement should be sent to Connect@alexalbarran.com

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