TERMS OF USE
The Small Town Social® - POWERHOUSE Membership
Please read the Terms of Use for the Program carefully and in their entirety before purchasing and using THE SMALL TOWN SOCIAL® MEMBERSHIP COMMUNITY (hereinafter referred to as the “Program”). The Program and its content are owned by THE SMALL TOWN SOCIAL® LLC.
1. Definitions:
“Company”, “We”, “I”, “Our”, or “Us” means THE SMALL TOWN SOCIAL® LLC.
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.
“You” or “Your” means the purchaser and person using the Program.
2. Consent:
By participating in the Program, you implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms of Use.
3. DISCLAIMER:
By participating in the Program, you understand that ELISABETH FLEMING is a marketing and online business coach with a college certification in communications.
This Program is for informational and educational purposes only. The information and education provided in this Program is not intended or implied to supplement or replace the professional advice of a doctor, attorney, accountant, and/or financial advisor. You should connect with a professional in those areas (financial, legal, accounting, medical, etc.) in person where you live or work to discuss issues or questions pertaining to your particular legal, financial, medical, or business situation.
Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you.
4. Assumption of the Risk
You should use your best judgment in using the information provided in the Program, which is done at your own risk. It is your responsibility to discern the risk of using the Program or its content. You assume responsibility for your actions, choices, or lack thereof, related to the Program.
5. Intellectual Property Ownership:
The Program and its content, including, but not limited to, the Trainings, Templates, Live Videos, and Guides are intellectual property owned by ELISABETH FLEMING, THE SMALL TOWN SOCIAL® LLC. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
6. No Sharing:
You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.
You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately and no refund will be issued.
7. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
We don’t make any assurances as to any particular financial-based outcome based on the use of or participation in the Program. We are not responsible for the success or failure of your business, business decisions, income, sales, or any other result of any kind that you may have as a result of your participation in the Program.
8. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way including, but not limited to, your future income, sales, potential, profitability, or losses derived as a result of your use of the Program. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Program.
9. Your Release of Us, Indemnification, Hold Harmless:
To the fullest extent permitted by law, THE SMALL TOWN SOCIAL® LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release THE SMALL TOWN SOCIAL® LLC from any and all claims.
By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless THE SMALL TOWN SOCIAL® LLC, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.
By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless THE SMALL TOWN SOCIAL® LLC as stated in this section herein.
10. Our Refund Policy:
We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the downloadable nature of the Program, refunds will not be issued for the Program once it is purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Elisabeth at hello@thesmalltownsocial.com.
11. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing Elisabeth at hello@thesmalltownsocial.com.
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and ELISABETH FLEMING and THE SMALL TOWN SOCIAL® LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 50 miles of Pinehurst, North Carolina.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of North Carolina. The only award that can be issued to you is a refund of any payment made to THE SMALL TOWN SOCIAL® LLC for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.
12. Limitation of Liability:
ELISABETH FLEMING AND THE SMALL TOWN SOCIAL® LLC are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
13. PAYMENT AND PURCHASE TERMS
General Payment Terms:
When you pay for the Program by credit card, you authorize and give permission to THE SMALL TOWN SOCIAL® LLC to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant Membervault, Mighty Networks, Thrivecart, HoneyBook, PayPal, or Stripe (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. THE SMALL TOWN SOCIAL® LLC is not responsible for the merchant’s independent policies or practices.
When you Purchase or Download one of our Courses, Programs, Services, and Products from us or the Site, you may pay by credit card or bank transfer via Thrivecart, HoneyBook, PayPal or Stripe. By doing so, you give THE SMALL TOWN SOCIAL® LLC permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records.
If you elect the installment or “pay over time” option at checkout, you agree that THE SMALL TOWN SOCIAL® LLC has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.
If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Courses, Programs, Services, Events, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase.
We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Courses, Services, and Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.
Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.
You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.
Email Consent:
By signing up, purchasing tickets for, or attending any of The Small Town Social’s events, courses, memberships, or programs, you are automatically subscribed to The Small Town Social’s email list to receive free emails, along with the email list(s) of any affiliated event partners, sponsors or affiliates, such as GLOWCON or POWERHOUSE partners, sponsors and vendors. You can unsubscribe at any time by clicking "UNSUBSCRIBE" at the bottom of each email. If you have any questions, or difficulty unsubscribing from those emails, email ELISABETH FLEMING at HELLO@THESMALLTOWNSOCIAL.COM to be unsubscribed from future messages. THE SMALL TOWN SOCIAL® LLC is not responsible for any unauthorized use by that third party to include partnering businesses, sponsors or affiliates.
14. Severability
The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
15. Entire Agreement
These Terms of Use contains the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.
16. Choice of Law + Venue
These Terms of Use shall be governed by the laws of the state of North Carolina. Any action brought by any party arising out of or from these Terms shall be brought within the state of North Carolina, County of Moore.
By participating in and/or purchasing the Program, you implicitly signify your agreement to all of the terms in these Terms of Use.
If you have any questions about the Terms of Use, please contact Elisabeth Fleming at hello@thesmalltownsocial.com. Thank you.
Updated On: July 28, 2024