Introduction

Sage Wave Media, LLC doing business as Affiliate Blogger Academy (“Affiliate Blogger Academy” or the “Company”) offers https://courses.blogwithben.com; https://www.blogwithben.com; https://www.affiliatebloggeracademy.com; https://www.sagewavemedia.com and related products and services (collectively the “Site”) to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).

The Site is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the services offered by the Site are not available to minors. By using, viewing, transmitting, caching, storing, and/or otherwise utilizing the Site, you have agreed to and are legally bound by the Terms. If you do not agree to the Terms, please cease using the site immediately.

By using or viewing this site, you are a “Visitor”. Any user who registers with us (each, a “Registered User”) and wishes to purchase a training, product, or service through one of our Site, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such training, product, or service. In the event of any conflict between the terms of this Agreement and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall control.

We provide Visitors and Registered Users with access to the trainings, products, and services as described below.

Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Site. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Site; and (ii) email us.

Registered Users. Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through one of our Site; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Site; (iv) post comments and other content on the Site (collectively, “Registered User Content”); (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the Affiliate Blogger Academy community.

Affiliate Blogger Academy 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, Affiliate Blogger Academy may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use.

Modification of These Terms

We reserve the right in our sole discretion to change, modify, add, or remove the Terms, conditions, and notices under which the Site is offered. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of this Site following the effective date of changes to these Terms or other policies means you accept and consent to the changes.

No Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms, conditions, and notices.

• You will comply with all applicable laws, including, but not limited to, privacy laws, intellectual property laws, export control laws, regulatory requirements, etc.
• You will use the Site in a professional manner, and you may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
• You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.
• You will not access or use the Site to collect any market research for a competing business;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the contents or information contained therein without our prior express written consent.
• You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site.
• The information you provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
• You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any information in which you have an ownership interest) from the Site without our prior express written consent or that of the appropriate third party.
• You may not print, download, and/or use the underlying HTML, text, audio clips, video clips, and other content that is made available to you on this Site for anything other than your personal information. These restrictions will apply except in cases where the Company otherwise agrees in writing. Please see the section on Copyright below. Without limiting the generality of the foregoing, you may not:
  • include such content in or with any product or service that you create or distribute;
  • reproduce, duplicate, copy, sell, rent, resell, or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site;
  • copy such content onto your or any other Web site or publication; or
  • direct any other person to do any of the foregoing.
• You will let us know about inappropriate content of which you become aware. If you find something that violates these guidelines, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Site, or any portion of the Site, without notice, and to remove any content that does not adhere to these Community Guidelines.

In the event you gain access to information or material not intended to be accessed by you, you agree that you will immediately notify us and destroy all copies of such information in your possession and not forward such information to any third parties. For this notice we may be contacted at hello@sagewavemedia.com.

Sign-in Name; Password; Unique Identifiers

During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Site using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.

Email Communications

Email communication is not secure and there is no guarantee that an email will be delivered within a reasonable time, or at all. We advise you to contact us by telephone (951) 723-5721 with any information that must reach us by certain deadlines.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or within a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes, or chain letters.
• Download and/or distribute any file posted by another user of the Communication Services that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other Community Guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including email addresses, without their consent.
• Violate any applicable laws or regulations.

The above are our “Community Guidelines”.

Please note that we have no obligation to monitor the Communication Services. However, we reserve the right in our sole discretion to review all activity and materials related to the Communication Services and to stop activity and remove any materials at any time, for any reason, without notice to you. We also reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Further, we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or remove any information or materials, in whole or in part, in our sole discretion. We shall not be liable to you for any loss you may incur as a result of our taking any action relating to removal, editing, or disclosure to regulatory bodies or law enforcement, nor for the actions or inactions of other users, including anything contained in your or any third party’s contributions. You agree to indemnify us for any cost, expenses, damages, or liabilities we incur due to your use of the Site or otherwise relating to any of your contributions.

Always use caution when giving out any personally identifying information about yourself or others in any Communication Service. The Company does not control or endorse the content, messages, or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

AFFILIATE BLOGGER ACADEMY Code of Conduct Requirements

As a member of the Affiliate Blogger Academy community (the “Community”), you are required to be a good Community member and abide by the following:

• Be respectful and courteous to all other Community members and all coaches, instructors, and employees of Affiliate Blogger Academy.
• Do not use abusive, derogatory, threatening, or discriminatory language, either directly or indirectly.
• Do not discriminate against or harass on the basis of any legally protected classification, including, but not limited to race, gender, age, disability, national origin, religion, sexual orientation, or gender identity.
• Do not retaliate for any reason.
• Do not sexually harass or make improper advances.
• Do not hang up abruptly on others when you are on a live call of any kind.
• Do not use your coaching sessions to complain about coaches, instructors, and employees of Affiliate Blogger Academy or other Community members.
• Do not directly contact any coach, instructor, or employee of Affiliate Blogger Academy for any reason. Customer Support requests or issues should be directed to help@blogwithben.com.
• Information Provided to Affiliate Blogger Academy or Posted on the Site

We do not claim ownership of the materials or information you provide to us (including feedback and suggestions) or post, upload, input, or submit to any Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting us, along with our affiliated companies, and any necessary sublicensees, the perpetual, transferrable, irrevocable, worldwide permission to use your Submission in connection with the operation of the Site and its businesses, including, without limitation, the rights to: utilize, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission, in any format or medium now known or yet to exist, except to the extent prohibited by law. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.

Without limitation of the foregoing, we shall be entitled to unrestricted use of the Submissions for any purpose without compensation to the provider of the Submissions. All personal information provided to this Site will be handled in accordance with the Site’s online Privacy Policy, the provisions of which are incorporated into the Terms. We are under no obligation to post or use any Submission you may provide and may in our sole discretion remove any Submission at any time, for any reason, without notice to you.

By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

In the course of using the Site, you may submit your personal data and/or the personal data of others. It is your responsibility to ensure this information is accurate and up to date.

Registered User Content

The Site provides Registered Users the ability to post and upload content (“Registered User Content”). You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Site, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT AFFILIATE BLOGGER ACADEMY, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE SITE.

You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, edit, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Site, Affiliate Blogger Academy, and our trainings, products, and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.

If you submit Registered User Content to us, each such submission constitutes a representation and warranty to Affiliate Blogger Academy that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant the license to the Registered User Content under the prior paragraph, and that it and its use by Affiliate Blogger Academy and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.

Links to Third Party Sites and Offerings

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under our control, and we are not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. By providing these links, we do not endorse, sponsor, or recommend such sites or the materials disseminated by or services provided by them, and we are not responsible for the materials, services, or other situations at or related to or from any other site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators. We reserve the right to disable links from any third-party sites to the Site.

Please exercise discretion while browsing the internet and using the Site. You should be aware that when you are using the Site, you could be directed to other sites that are beyond our control. There are links to other sites from the Site pages that take you outside of the Site. For example, if you “click” on a banner advertisement or a search result, the “click” may take you off the Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control.

The Company cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party content on the Site. The Company is not involved in the actual transaction between buyers and suppliers. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites or content. As a result, we have no control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items, or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will actually complete a transaction. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Links to Third-Party Integrations

We may provide links to third-party integrations. Third-party integrations are websites or platforms that synchronize with our Site to provide you with additional functionality, tools, or services such as processing payments, sending newsletters, or providing translations.

You acknowledge and agree we are not responsible for the availability of such sites or resources and do not endorse and are not responsible or liable for any content, advertising, goods, services, or other materials on, available through, or provided by such sites or resources.

We are not responsible for the privacy or other practices of such sites and cannot guarantee the security of any of your personal information that you provide or is collected by such sites.

We encourage you to review the privacy policies and terms and conditions on those Linked Sites.

Information Collected by Third Parties

We may allow third-party companies that use tracking technologies, such as cookies or pixels, to record IP information about users who visit or interact with our Site. Our Site does not provide any personal information to these third parties. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies. For additional information, please see our Privacy Policy.

Electronic Communications Privacy Act Notice (18 U.S.C. §§2701-2711)

We make no guarantee of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. We will not be liable for the privacy of the information, email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content transmitted over networks accessed by the site, or otherwise connected with your use of the Site.

Right to Refuse Service

We may prohibit you from participating in or utilizing the Site if, in our sole and absolute discretion, you show a disregard for the Terms or act in an unacceptable manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate your access, remove or edit content, or cancel orders in our sole and absolute discretion.

Access Restriction

Access to parts of the Site may be restricted to authorized persons. If you believe you have been granted access to any document or file by mistake, please exit the restricted section immediately and contact us as soon as possible.

Parts of the Site incorporate encryption technology, but even if there is encryption technology in place, we cannot guarantee that unauthorized individuals will not be able to access confidential information hosted on or downloaded from the Site.

The documents and files hosted on restricted parts of the Site are confidential. You must not distribute the documents and files hosted in these areas except to persons authorized to read them. If you believe that you may have been granted access to a document or file by mistake, you must not download it, copy it, use it for any purpose, or disclose its contents to any other person.

Information Provided by Other Users

We do not control the information provided by other users which is made available through the Site. You may find another user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with people acting under false pretense.

Technical Inaccuracies

The Site may contain technical inaccuracies or typographical errors or omissions. We are not responsible for any typographical, photographic, technical, or pricing errors listed on our Site. We reserve the right to make changes, corrections, and/or improvements to the Site, and to the products and programs described in such information, at any time without notice as described above in Modification of These Terms.

Disclaimers

The Site and the materials located on or through the Site are provided by us for informational and educational purposes only, with the understanding that we are by the provision of these materials not engaged in rendering legal, financial, medical, or other professional advice or service. We make no representation or warranty, and disclaim any and all responsibility or liability, for the suitability, timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information, materials, software, products, and services included in or available on or through the Site for any purpose.

The information and materials on this Site and any communications sent to you via this Site or otherwise from the Company (including, without limitation, newsletters, electronic mail, or communication via telephone) should not be relied upon or used as a basis for making significant decisions without consulting primary or more accurate, more complete, or more timely sources of information. ANY RELIANCE ON THE INFORMATION OR MATERIAL ON THIS SITE IS AT YOUR OWN RISK. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, PROFESSIONAL, CAREER, LEGAL, OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

We make every effort to ensure that we accurately communicate our opinion regarding any client’s potential for earning and income. Earning and income statements made by us and its other clients are estimates of what we believe are possible. However, there is no guarantee that any client will make any specific level of income or attain any level of success, and you accept the risk that the earnings and income statements differ by individual. The Site may contain testimonials and reviews from prior clients. These success stories are not typical. NO RESULTS ARE GUARANTEED. As with any business, your results may vary, and will be based upon your individual capacity, business experience, expertise, level of desire, product quality, individual circumstances and general economic factors beyond our control.

The Company disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Site or the use thereof. To the maximum extent permitted by applicable law, all such information, materials, software, products, and services are provided “as is” and “as available” without warranty or condition of any kind.

To the maximum extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability, compatibility, or arising from course of dealing or course of performance.

You understand and agree that any material downloaded or otherwise obtained through the use of the Site is done so at your own discretion and risk and that you will be solely responsible for any claims, including, without limitation, any damages to your computer system or loss of data, that results from downloading or otherwise obtaining such material.

Some states do not allow the exclusion of implied warranties, so these exclusions may not apply to you.

Limitation of Liability

Except as expressly provided otherwise herein or in an applicable supplemental agreement, in no event shall the Company, any of the Company’s affiliates, subsidiaries or data providers, or anyone else involved in creating, producing, delivering, or managing the content of this site (collectively, the “Site Providers”), be liable to you or any third party for any claims whatsoever, including, without limitation, direct, indirect, special, incidental, punitive, or consequential damages (including, without limitation, any lost revenues, lost profits, lost opportunities, loss of prospective economic advantage) arising out of or in connection with the use or performance of this Site, any communications sent to you via this Site or otherwise from the Company (including, without limitation, in the form of electronic mail or via telephone), or information available from this Site including, without limitation, any damages suffered as a result of errors, omissions, inaccuracies, interruptions, defects, delays, computer viruses, loss of use, data or profits, unauthorized access to and alteration of your transmissions and data, and other tangible and intangible losses, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or from any actions we take or fail to take as a result of email messages or other communications you send us, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company or any of its Site Providers has been advised of the possibility of damages.

Without limiting the foregoing, the Site Providers assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the content of this site.

THE SITE PROVIDERS’ AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR OTHERWISE IN CONNECTION WITH ANY COMPANY SERVICES SHALL IN NO EVENT EXCEED THE LESSER OF (A) THE FEES PAID BY THE CLIENT IN THE TWELVE MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY OR (B) THE FEES PAID BY THE CLIENT FOR THE TRAINING, PRODUCT, OR SERVICE WHICH GAVE RISE TO SUCH LIABILITY. EACH PARTY ACKNOWLEDGES AND AGREES THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF THE SITE PROVIDERS WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. THE SITE PROVIDERS HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE YOU THE SERVICES PROVIDED FOR IN THESE TERMS AND ANY OTHER AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIABILITY OF THE SITE PROVIDERS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.

Some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages and, as a result, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site.

You also agree that we are not responsible or liable in any way for injury, loss, or damage to your computer or interception or use of credit card information, related to or resulting from use of the Site or any sites, services, or materials linked or related thereto or therefrom and also are not responsible or liable in any way for any injury, loss, claim, or damage relating to or resulting from any part of the Site operating or not operating on computers or networks used by you or communicating with such computers or networks.

Indemnification

You agree to indemnify, defend, and hold harmless the Company; its affiliates, licensees and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third-party service providers of the Site (“Indemnified Parties”) from and against any and all allegations, demands, claims, liabilities, damages, fines, losses, expenses, penalties, or costs of whatsoever nature, including reasonable attorneys’ fees and court costs, and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise (“Claims”) arising or resulting in any way from any violation of these Terms or the services provided to you as part of the Site or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of the Company or any agent or employee of Indemnified Parties (except as and to the extent prohibited by applicable law) including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws. Without limiting the foregoing, if you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with the Terms, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Online Commerce and Payments

Right to Refuse or Terminate Access

We reserve the right in our sole discretion to refuse or terminate your access to our trainings, products, and services, program materials, websites, email communications, or any other method of communications related to our trainings, products, or services at any time without notice.

Should you or we wish to terminate the trainings, products, or services at any time, these termination terms will apply to you as well, even after termination by either of us.

In the event of cancellation or termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the trainings, products, or services or our website, e-mail, or any or other methods of communications affected by such cancellation or termination. The restrictions imposed on you with respect to training materials and the trainings, products, or services, including, but not limited to all of the disclaimers, limitations of liabilities, and rights set forth in these Terms of Use, shall survive such termination of your access and apply in full force.

Payment

If paying for trainings, products, or services by credit/debit card, you give Affiliate Blogger Academy permission and authorization to automatically charge your credit or debit card as payment for your trainings, products, or services for which you will receive an electronic receipt. If you purchase trainings, products, or services using our payment plan option, you agree to pay the initial payment to secure your participation and also agree to begin payments on the date specified on the enrollment form. By using the enrollment form, you give Affiliate Blogger Academy permission and authorization to automatically charge your credit/debit card until all payments are completed.

In the event that payment is not received by the date due, you will have a 15 day grace period in which to make the payment; otherwise, your access and entitlement to the Training materials, Products, or Services will be discontinued. If you fail to make payment in a timely manner in accordance with these Terms and Conditions or voluntarily decide to withdraw from our training, products, or services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the trainings, products, and/or services.

When you purchase any trainings, products, or services, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and by us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for the merchant’s independent policies.

You agree to be financially responsible for all purchases you make. You agree to purchase and use our trainings, products, or services for legitimate purposes only in compliance with these Terms of Use. You also agree not to make any purchases for speculative, false, or fraudulent purposes. You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of our trainings, products, or services.

When purchasing tuition for our trainings, products, or services, the monies apply to the selected training only. Purchasing any training, product, or service is strictly optional and not refundable.

You agree to only purchase these trainings, products, or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal or financial information to us or a merchant, you represent that you have obtained his/her consent to provide such third party’s personal information.

Refund Policy

Your satisfaction with your trainings, products, and services is of utmost importance to the Company. However, once you have purchased a training, product, or service, refunds will only be provided during the 14 days after your purchase. You understand and acknowledge that, because of the extensive time, effort, preparation, and care that goes into creating and/or providing our trainings, products, and services, we are unable to honor any requests for a refund of any portion of your payment (including application fees) for any part of our trainings, products, and services beyond that date.

Confidentiality

The Affiliate Blogger Academy (“Community”) is a social network in which personal and professional information may be exchanged between participants. You are entirely responsible for deciding how much of your personal information you wish to share in the Community. By taking part in the Community, you agree to keep information of other members confidential. The Company will not share, sell, or rent the personal information of its members to third-party businesses; however, we cannot guarantee the confidentiality of any of the information you choose to share in the Community. Please review our PRIVACY POLICY to learn how we manage personal information.

All materials, coaching, coaching calls, call replays, class replays, private recordings, instructor calls and call recordings, transcripts, workshops, and workshop recordings, as well as the personal information of individual students are to be kept confidential. These may not be duplicated, shared, posted on social media, or utilized in any way.

Virtual office hours provided by the Company are also maintained as confidentially as possible; however, we cannot guarantee that any such sessions will remain confidential in the event of an error or omission.

Disclaimers

ANY PROFESSIONAL INFORMATION WE PROVIDE (FOR EXAMPLE, LEGAL, FINANCIAL, OR COMPLIANCE) IS FOR INFORMATIONAL PURPOSES ONLY, WHICH SHOULD NOT BE CONSTRUED AS LEGAL, FINANCIAL, OR ACCOUNTING ADVICE. YOU SHOULD SEEK INDEPENDENT PROFESSIONAL ADVICE FROM A PERSON WHO IS LICENSED AND/OR KNOWLEDGEABLE IN THE APPLICABLE AREA BEFORE ACTING UPON ANY INFORMATION, FACT OR OPINION PROVIDED ON OR THROUGH THE SITE. YOU UNDERSTAND THAT SAGE WAVE MEDIA, LLC EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND/OR AGENTS DO NOT PROVIDE ADVICE PURSUANT TO THE AUTHORITY OF PROFESSIONAL CERTIFICATIONS OR LICENSES AND YOU WILL NOT TREAT INFORMATION PROVIDED BY OUR EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND/OR AGENTS AS SUCH. YOU FURTHER UNDERSTAND THAT BY RECEIVING INFORMATION, FACTS, OR OPINIONS ON OR THROUGH THE OUR TRAININGS, PRODUCTS, AND SERVICES, YOU ARE NOT ENTERING INTO A RELATIONSHIP WITH SAGE WAVE MEDIA, LLC OR ITS EMPLOYEES, CONTRACTORS, REPRESENTATIVES AND/OR AGENTS THAT ENTITLES YOU TO ANY PRIVILEGES THAT MAY BE ASSOCIATED WITH ANY PROFESSIONAL CERTIFICATIONS OR LICENSES.

THE SOLE PURPOSE OF THE COMPANY AND PROGRAMS IS TO PROVIDE EDUCATIONAL MATERIALS AND COACHING.

Under no circumstances will the Company or any of its representatives be held liable for any special or consequential damages that result from the use of, the improper use of, or the inability to use the information or strategies communicated to you through the trainings, products, or services. By participating in the Community, you hereby waive and release the Company to the full extent permitted by law from any and all claims relating to the use of and/or reliance on the information and content provided to you. In no event shall the Company be held liable for any injury, loss, or damage resulting from the use of, or reliance upon, the program materials.

Dispute Resolution

It is hoped that should you and the Company ever have any differences, we will be able to work them out amicably through a phone conversation or email correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly in San Diego County, California, in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your complaint to Affiliate Blogger Academy via email. You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of any payment(s) made by you, up to the date of the award. You agree that no award of consequential or of any other damages may be granted to you and you agree not to seek the same.

By signing up for/enrolling in/purchasing any of our trainings, products, and services, you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in email or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in San Diego County, California, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or 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.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our Company, or any of our trainings, products, or services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

Availability of Products Outside the United States

The products and/or services described in and available through the Site may not be available in your country. We make no representation that the services or products offered in the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If use of the Site and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Site and must exit immediately. Your viewing and/or use of the Site constitutes your representation that you are unconditionally and without limitation permitted to view and use the Site and the Company and its affiliates, and their owners, partners, franchisees, subsidiaries, officers, each of such person’s or entities’ directors, employees, contractors, agents, licensors and suppliers (collectively, the “Indemnified Parties”) Parties may rely upon such representation.

The Site is operated from the United States, and it is possible that some software from the Site or the products and services offered on the Site may be subject to United States export controls. Products and services described on the Site and software downloaded or otherwise exported or re-exported from the Site are not intended for sale, download, or export (i) into (or to a national or resident of any country that is subject to a U.S. or U.N. embargo or sanction or to anyone on the US Treasury Department’s list of Specially Designated Nationals or anyone subject to the same or similar restrictions even if not listed or the US Commerce Department’s Table of Deny Orders. Downloading or using the software, products or services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any of the above restricted lists or subject to such restrictions.

Governing Law

This Agreement shall be governed by the laws of the State of California, without regard to conflicts of law provisions. The parties agree that the exclusive jurisdiction for any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, this Agreement or services provided in connection therewith shall be in the state and federal courts located in San Diego County, California.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

Copyright & Trademark Issues

The Site contains material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Affiliate Blogger Academy (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Site), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Affiliate Blogger Academy. Affiliate Blogger Academy 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 may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Site automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Affiliate Blogger Academy (the “Affiliate Blogger Academy Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Affiliate Blogger Academy. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Affiliate Blogger Academy Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Affiliate Blogger Academy Trademarks inures to our benefit.

Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our prior express, written consent for each and every instance.

What Does This Mean?

The use of any AFFILIATE BLOGGER ACADEMY logo, outside of these groups or on documents created by those not working for or contracted with Affiliate Blogger Academy, is strictly prohibited, other than where indicated elsewhere in writing by Affiliate Blogger Academy.

You are not licensed to resell any AFFILIATE BLOGGER ACADEMY-related materials, repackage our tools in your own voice, write books teaching our tools, or create apps based on our trainings, products, or services. You are not authorized to sell AFFILIATE BLOGGER ACADEMY-related materials or merchandise. This is copyright and trademark infringement. You may mention the trainings, products, and services and our tools briefly with credit. Please review applicable copyright and trademark laws to make sure that you are complying with them.

You also are not licensed to use the trainings, products, or services or AFFILIATE BLOGGER ACADEMY tools for any type of certification course. Affiliate Blogger Academy is the only school authorized to train coaches how to use the trainings, products, or services. You cannot compete with AFFILIATE BLOGGER ACADEMY using our tools to certify coaches without Affiliate Blogger Academy’s prior express authorization.

Copyright Requests

For any questions or requests, please contact us at hello@sagewavemedia.com.

Digital Millennium Copyright Act

Affiliate Blogger Academy respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Sage Wave Media, LLC

11835 Carmel Mountain Road Number 1304 PMB-257
San Diego, California 92128
hello@sagewavemedia.com

If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Unsolicited Submissions

We and our employees do not accept, review, or consider any unsolicited ideas, suggestions, works, materials, proposals, or content, including for books, stories, articles, scripts, fan fiction, animations, shows, classes, ad campaigns, promotions, products, services, product names, content, or other creative materials (collectively “Unsolicited Submissions”). Please do not send or provide us any Unsolicited Submissions in any form. It is our company policy to delete any such Unsolicited Submission without reading it.

The purpose of this section is to avoid potential misunderstandings or disputes when our products, services, or content might seem similar to an Unsolicited Submission you provided to us. If, despite our request that you not send us your Unsolicited Submissions, you still submit them, then regardless of what your correspondence says, the following terms will apply to your Unsolicited Submissions.

• You acknowledge that no fiduciary or confidential relationship now exists between you and us, and you further acknowledge that no such relationships are established between you and us by reason of your submission of any Unsolicited Submissions.
• You acknowledge that materials (or portions thereof) developed, created, acquired, licensed, or otherwise obtained by us, or third-party materials to which we have had access, may be similar or identical to the Unsolicited Submission (or portions thereof) in theme, idea, plot, format, and/or other respects. You agree that you will not be entitled to any compensation because of the use of any such similar or identical material. In this connection, you hereby release and absolutely and forever discharge us of and from any and all claims, damages, legal fees, costs, expenses, debts, actions, and causes of action of every kind and nature whatsoever, whether now known or unknown, suspected or unsuspected, asserted or unasserted, which you now have, or at any time heretofore ever had or which you may have in the future, against us which in any way arise out of or in connection with any such similar or identical material.
• Although we encourage you to email us feedback and questions about our existing products and services, we do not want you to, and you should not, email us any content that contains confidential information. In addition, any such feedback and questions you send to us will be deemed non-confidential and not proprietary, and we shall be free to use and redistribute them on an unrestricted basis without compensation or attribution to you.

Electronic Signature

You represent and warrant that you have the legal right, power, and authority to agree to the Terms on behalf of yourself and the member, buyer, or supplier participating in the Site. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated the Terms and acknowledged and agreed that these Terms are an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you and the member, buyer, or supplier on whose behalf you are acting.

General Terms

The following general terms apply to you and your use of the Site:

Joint Venture

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Site.

Existing Laws

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use.

Severability

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

Amendment

You may not modify or amend this Agreement, in whole or in part without the prior written consent of an authorized representative of the Company. Additionally, the Company may replace this Terms of Service Agreement from time to time and your subsequent use of the Site, or any content, programs, or materials provided through the Site, will be subject in all respects to the terms and conditions of such terms of service in force at the time of such subsequent use. You are advised to check this Terms of Service Agreement regularly for any modifications.

Entire Agreement

Unless otherwise specified herein or agreed to by the user, or unless they conflict with the Terms and Conditions of Purchase for any training, product, or service, these Terms of Use constitute the entire agreement between the user and the Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. No representations or statements of any kind made by any affiliate of the Company, which are not included in this Agreement, shall be binding on the Company or its affiliates.

Waiver

No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and the Company. The Company’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.

Miscellaneous

This Agreement shall inure to the benefit of the Company and its subsidiaries and affiliates. Any and all references in this Agreement to the Company and its affiliates shall, where the context so permits include the Company’s parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors, and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect.

Additional terms and conditions may apply when you use other services, affiliate services, third-party content, or third-party software on or through a link provided on the Site.

Assignment

The Company may assign its rights and duties under this Agreement to any party at any time without notice to you.

How to Contact Us

If you have any questions regarding this Policy, your privacy, or our policies in the event of a compromise of your information, you may contact us at:

Sage Wave Media, LLC
1835 Carmel Mountain Road Number 1304 PMB-257
San Diego, California 92128
(951) 723-5721
Email: hello@sagewavemedia.com