Terms & Conditions

Website Terms & Conditions (“Terms of Use”)

 

INTRODUCTION

551 Media, LLC (the “COMPANY”) welcomes you to viewinginsights.com (the “Website”), and any other Websites operated by the Company, including but not limited to:

BY VISITING THE WEBSITE, YOU ARE CONSENTING TO THE FOLLOWING TERMS OF USE, WHICH MAY BE UPDATED BY US FROM TIME TO TIME WITHOUT NOTICE TO YOU. THERE ARE PROVISIONS BELOW CONSTITUTING A WAIVER OF CERTAIN LEGAL RIGHTS. PLEASE READ ALL INFORMATION CAREFULLY.

In these terms and conditions, “We/us/our/[d/b/a]” means 551 Media, LLC.  The “Website” means the website located at www.broadviewapp.com (or any subsequent URL which may replace it) and all associated websites and micro sites of 551 Media, LLC. “You/your” means you as a user of the Website.

These Terms & Conditions, together with the Privacy Policy found on the Website, constitute an Agreement. If you do not agree to any of the terms contained herein, then please do not use or access the Website.

The Website is only offered and available to users who are 18 or older and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you do not meet all of the foregoing requirements, you must not access or use any Website.

Any user who is 18 and over and  voluntarily signs up for more information or who purchases a product, service or program through the Website, is agreeing to both the terms of this Agreement and the accompanying Disclaimer where applicable with respect to such product, service or program.

Visitors are those who visit the Website but do not register with us. No login or personal information is required of our Visitors, who can view all publicly available Website content.

Registered Users can access all publicly available content on the Website, and upon registration for an e-newsletter, product, service or program, may also gain access to exclusive Website content. The Company is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, the Company may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use, or the Terms of Use for any particular service, product or program.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. We encourage and expect you to consult the Terms of Use each time you access a Website so you are aware of any changes, as they are binding on you.

CHANGES TO THE WEBSITE, WEBSITE ACCESS AND ACCOUNT SECURITY

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. At times, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for (1) making all arrangements necessary for you to have access to the Website and (2) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

INTELLECTUAL PROPERTY AND RESTRICTIONS ON USE

The Website contains text, graphics, logos, images, coursework, software, video or audio files, and other material provided by or on behalf of the Company (collectively referred to as the “Content”). The Content includes the specific selection and arrangement, or design, of all Content. The Company retains all right, title and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You agree not to duplicate, imitate, copy, reproduce, transmit, publish, display, distribute, sell, transfer, assign, license, sublicense, publicly perform, commercially exploit or create derivative works of such material and content, nor to help or assist third parties in doing the same. You are also prohibited from posting any portion of the Content in either print or digital format, included on any other website, social media page, or in a networked computer environment for any purpose. The Content may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or disparages or discredits anyone.

You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired. You agree not to attempt any unauthorized access to any part or component of the Website.

You agree not to use the Website (1) in any way that violates any applicable federal, state, local or international law or regulation; (2) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (3) to send, knowingly receive, upload, download, use or reuse any material which does not comply with the Content Standards set out in these Terms of Use; (4) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (5) to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (6) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

You agree that in the event that you have any right, claim or action against any User arising out of that User’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.

USER CONTRIBUTIONS

There may be portions of the Website that allow for the posting of reviews, comments, photographs or other content (“User-Generated Content”). You may submit such content via the Website so long as it is not threatening, objectionable, illegal, obscene, defamatory (to us or anyone else), invasive of privacy or intellectual property rights, or otherwise injurious to us or third parties. Any content that you submit to us will not be subject to any expectation of privacy, trust, or confidence between us and no confidential, fiduciary or other relationship is intended or created between you and us. You agree that we shall have unrestricted rights to use the Content for any and all purposes whatsoever, commercial or otherwise, without any further permission from or any payment to you or anyone else. This includes rights to use the name that you submit, along with any other name by which you are known, in connection with the User-Generated Content.

You represent and agree that you own, have full rights to or otherwise control all User-Generated Content that you submit or send to us, that such User-Generated Content is accurate and truthful and does not violate these Terms of Use, or our Privacy Policy. You agree to indemnify us and our affiliates and designees from and against any and all claims arising out of, resulting from or relating to any such User-Generated Content.

Each time that you access the Website or create or submit User-Generated Content, you agree to, ratify and confirm the terms of the then-existing User-Generated Content License for that submission and all previous submissions by you to us.

MONITORING OF USER CONTENT, ENFORCEMENT AND TERMINATION

We have the right to (1) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (2) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company; (3) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (4) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; (5) terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

To the extent you are involved in a membership program on the Website, either you or the Company can cancel your participation in any of our membership programs at any time and for any reason. Except for refunds pursuant to any specified refund periods in any payment terms entered into between you and the Company, no refunds for previous months of membership will be given in the event you or Company terminates your membership in the Website.

We cannot and/or do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

INDEMNIFICATION

You agree to fully indemnify, defend and hold us (including our agents, representatives, and assigns, collectively the “Indemnified Parties”) harmless from and against any and all claims, liability, damages, losses, costs and expenses, including legal fees and expenses, suffered by us and arising out of any breach of the conditions by you or any other liabilities arising out of your use of the Website or Services, or the use by any other person accessing the Website using your password, personal computer or other electronic device, or internet access account. You shall cooperate with us in the defense of any claim including provide us with assistance, without charge, in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you as we deem necessary. We reserve the right to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you. You shall not settle any third party claim or waive any defense without our prior written consent.

ONLINE PURCHASES, REFUNDS AND OTHER TERMS AND CONDITIONS

The Company may offer one or more membership programs on its Website. The pricing for any such membership program will be clearly stated on the applicable order form. All purchases through the Website are final and will not be refunded except as expressly stated herein.

Refund Policy. Notwithstanding the foregoing, a member may cancel his/her membership in the applicable program for any reason and obtain a full refund of his/her first membership payment if he/she does so by emailing support@theinfluencemarketer.com (1) within 30 days of making his/her first membership payment in the “The Influence Academy” program.

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

LINKING TO THE WEBSITE AND SOCIAL MEDIA

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Website may provide certain social media features that enable you to: (1) link from your own or certain third-party websites to certain content on the Website; (2) send e-mails or other communications with certain content, or links to certain content, on the Website; or (3) cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the foregoing, you must not (1) establish a link from any website that is not owned by you; (2) cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; (3) link to any part of the Website other than the homepage; (4) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice to our discretion.

LINKS FROM THE WEBSITE

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WITHOUT LIMITING THE FOREGOING, THE COMPANY IS NOT ACTING AS A FINANCIAL OR LEGAL ADVISOR AND DOES NOT GUARANTEE THAT YOU WILL ACHIEVE ANY PARTICULAR RESULT FROM USING THE WEBSITE OR FROM PARTICIPATING IN THE COMPANY’S MEMBERSHIP PROGRAMS LOCATED ON ITS WEBSITES. PLEASE SEE OUR COMPLETE EARNINGS DISCLAIMERS FOR ADDITIONAL DETAILS, FOUND AT HTTP://THEINFLUENCEMARKETER.COM/DISCLAIMER/. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, THE MEMBERSHIP PROGRAMS AVAILABLE THROUGH THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

COMPLIANCE WITH APPLICABLE LAW

The Website is based in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with all applicable laws of your specific jurisdiction.

CONTROLLING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action or proceeding commenced by you and arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the state or federal district courts located in Harris County, Texas. Notwithstanding the foregoing, we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in Harris County, Texas or in your county of residence (if in the United States) or any permissible venue (if outside the United States). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ARBITRATION

At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

CLASS ACTION WAIVER

You agree that any arbitration or court proceeding shall be limited to the Dispute between us and you, individually. To the full extent permitted by law, (i) no arbitration or legal proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

ENTIRETY OF AGREEMENT

The Terms of Use and the other documents specifically incorporated herein constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. Neither you nor Company are relying on any representation not contained herein (or in the other documents specifically incorporated herein).

CONTACTING US

If you need to contact us, please send an email to support@theinfluencemarketer.com, or send us a letter at: 7941 Katy Freeway, #101, Houston, Texas 77024.