Terms of Service & Policy Agreement
By visiting our site and/ or purchasing something from Black Equity Con, Build Your Own Brand Inc. x Social Proof, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, sponsors, and/ or contributors of content..

This Agreement (“Agreement”) is made effective by and between Build Your Own Brand Inc. x Social Proof (the “Company”), and purchaser of the digital and physical product (hereafter “Customer”), for the purpose of Customer purchasing a digital and physical product from Company’s website (the “Product”). Customer agrees to the terms and conditions below by checking the box in the online checkout form or by submitting payment for the Product.


1. General Conditions

Company reserves the right to refuse service to anyone for any reason at any time.
Customer agrees to understand that his/her content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Customer understands that all receipts, transactions, and invoices are sent from Company will show up as the registered company name, Build Your Own Brand Inc. x Social Proof.


2. Digital Product Usage 

After purchasing the digital product, Customer will be given access to the product materials in within [48 hours] through his/her email. Customer will have access to the materials so long as the product(s) is/are available.

Company hereby grants to Customer one (1) exclusive, non-sublicensable, non-transferable, license to use the Product. Customer understands and agrees that the Product materials may not be shared with any third party. In the event Company suspects that the Product is being shared with another party, Company reserves the right to immediately terminate Customer’s access to the Product.

Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Product, use of the Product, or access to the Product or any contact on the website through which the product is provided, without express written permission by us.

Customer may use the Product for his/her own personal use but may not redistribute anything without proper credit. Customer is obligated to tag or give credit to Company for anything he/she posts or shares.



3. Fees & Payment Processing 

In consideration for access to the Product provided by Company, Customer agrees to compensate Company the fee indicated on the online checkout form. If any payment methods are declined by the online payment processor, Customer shall provide a new eligible payment method before receiving access to the Product. In the event Customer has already been given access to the Product and a payment method is declined, Company reserves the right to collect any and all outstanding receivables.

4. Accuracy of Billing and Account Information

Company reserves the right to refuse any order placed with them. Company may, in their sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that a change is made to an order or an order is cancelled, Company may attempt to notify Customer by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Customer agrees to provide current, complete and accurate purchase and account information for all purchases made. Customer agrees to promptly update his/her account and other information, including his/her email address and credit card numbers and expiration dates, so that Company can complete his/her transactions and contact his/her as needed.


5. Subscription Policy

Customer who purchases a subscription based Product will be subjected to the following:

  • “Monthly” subscriptions will be charged each month on the same day as the day of the month when subscription was first activated.
  • “Annual” subscriptions will be charged each year on the same day and month as the day and month as when subscription was first activated.
  • If the charge is scheduled for a day that does not exist in the month being charged (for example the 31st June), then the charge will instead occur on the last day of that month.


6. Refund Policy For Stand-Alone Products

Due to the nature of digital products being immediately accessible upon purchasing, not all Products sold by Company are available for refunds of any. It is up to the Company’s discretion to offer Customer a partial refund or full refund.


7. Cancellation & Refund Policy For Subscription Based Products

For subscription based products, Company must receive a written cancellation request from Customer via email to info@byoblive.com within 24 hours of his/her upcoming payment collection date. Or Customer must self-initiate a cancellation no later than the day of payment collection date.

Company reserves the right to take 24-48 hours to process cancellation requests, excluding weekends and holidays. Under the circumstance that the Customer was charged their subscription fee after requesting a cancellation, the Customer understands that the Company will process a refund for that fee within 24-48 hours, excluding weekends and holidays.


7. Cancellation & Refund Policy For Subscription Based Products

For subscription based products, Company must receive a written cancellation request from Customer via email to info@byoblive.com within 24 hours of his/her upcoming payment collection date. Or Customer must self-initiate a cancellation no later than the day of payment collection date.

Company reserves the right to take 24-48 hours to process cancellation requests, excluding weekends and holidays. Under the circumstance that the Customer was charged their subscription fee after requesting a cancellation, the Customer understands that the Company will process a refund for that fee within 24-48 hours, excluding weekends and holidays.


8. Personal Information

By purchasing the Product, Customer will be asked to provide personal information including his/her name, email address, phone number, mailing and billing address. Customer agrees to allow Company access to this personal information for all lawful purposes. Customer is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information.

The billing information provided to Company by Customer will be kept secure and is subject to the same confidentiality and accuracy requirements as Customer’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.

9. Warranties and Liability 

Company makes every effort to ensure that the Product is accurate and fit for the use of Company’s customers. However, Company takes no responsibility whatsoever for the suitability of the Product, and Company provides no warranties as to the function or use of the Product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. Customer agrees to indemnify Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Customer’s breach of these terms and conditions. Company shall not be liable to Customer or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages. 

10. Force Majeure

If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.

11. Guarantees 

Company does not make any guarantees as to the results, including financial or other personal gains, of Customer’s use of the Product. Customer agrees to take responsibility for Customer’s own results with regard to using the Product.

12. Release & Reasonable Expectations 

Customer has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s Product will produce different outcomes and results for each Customer. Customer understands and agrees that: 

▪ Every Customer and final result using the Product is different;
▪ The Product is intended for a mass audience.

13. Third-Party Links

Certain content, products and services available via our Company or Product may include materials from third-parties. Third-party links on this site may direct Customer to third-party websites that are not affiliated with us. Company is not responsible for examining or evaluating the content or accuracy and Company does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Customer agrees to review carefully the third-party's policies and practices and make sure he/she understands them before he/she engages in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

14. Entire Agreement

This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
 
15. Venue and Jurisdiction

The laws of the Georgia shall govern this contract, and any resulting arbitration shall take place within Atlanta, Georgia. Both parties assume responsibility for all collection costs and legal fees incurred should enforcement of this Agreement become necessary.

16. Mediation and Arbitration 

Any and all disputes or disagreements rising between the parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Atlanta, Georgia, unless another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

17. Transfer 

This agreement cannot be transferred or assigned to any third party without written consent of both parties.
 
 18. Severability

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.

19. Changes To Agreement Terms
Customer can review the most current version of the Terms of Service at any time at this page.
Company reserves the right, at their sole discretion, to update, change or replace any part of this Agreement by posting updates and changes to our website. It is Customer’s responsibility to check our website periodically for changes. Customer’s continued use of or access to Company website or the Product following the posting of any changes constitutes acceptance of those changes. If Customer does not agree to all the terms and conditions of this agreement, access to the service will be revoked.

20. CONTACT INFORMATION
Questions about the Terms and Agreement should be sent to Company at info@byoblive.com


This event is brought to you by Build Your Own Brand Inc. x Social Proof and our amazing collaborative partners ❤️
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