The Instagram Game Plan Terms & Conditions

By checking the box next to these Terms of Use, and clicking the “Order Now” button, you, the purchaser of The Instagram Game Plan (“Customer”) agree to purchase this item provided by Marketing with Shelley, a Utah Limited Liability Corporation (“Company”) and agree to enter into this legally binding agreement, with terms as follows:

For good and valuable consideration, Customer agrees to purchase The Instagram Game Plan, a monthly membership subscription, (“Membership”) from Company. In exchange, Company agrees to provide the purchased item, with details as outlined below.

MEMBERSHIP DETAILS

The Instagram Game Plan is a monthly membership subscription.

A) Customer understands and agrees this Membership includes:

One Monthly Training taught Online by Shelley Young or a guest speaker.
Unlimited access to replays of past trainings and workbooks (including classes taught prior to joining) in the Member Vault.
Access to a private Facebook community (“Community”) where you’ll have the chance to get unlimited support from the Marketing with Shelley Team and connect with other Game Planners.
One Monthly Marketing Calendar with content prompts for captions, stories, and Reels on Instagram.
B) Customer understands and agrees this Membership does not include:

Private support from Marketing with Shelley Team (all support is conducted in the Facebook Community).
Social media management or content creation
Occasionally members may be featured in our social media and marketing, but this is not guaranteed or included in the membership, and is done solely at the discretion of Marketing with Shelley.

Customer has done sufficient research to fully understand what is included in the Membership and what is not included in the Membership.
PAYMENT

In consideration for the Membership provided by Company to Customer, Customer agrees to pay Company a recurring fee of $47 per month OR $470 per year (“Fee”). Customer agrees to be responsible for the full Fee and agrees to pay the full Fee electronically, via Company’s website or Company’s selected third party payment processor.

Customer shall make payment prior to gaining any access to the Membership.

If the recurring monthly payment option has been chosen by the Customer, Customer gives Marketing with Shelley permission to automatically charge Customer’s method of payment on file for all renewal payments, at the time they are due, without any additional authorization.

Customer understands and agrees that if any payment due is not able to be processed on its due date, Company will notify Customer, who will then have a 3-day grace period to make the payment. Once the grace period has expired, if payment is still not able to be processed, Customer’s access to the The Instagram Game Plan Membership will be terminated, with no refunds given for any previous payments made.

Customer further understands and agrees that Customer may choose to cancel their Membership at any time.

COMMUNICATIONS

A. Group Sessions.

Monthly classes will be scheduled at a time that is universally acceptable to the members of the group, however Customer understands this timing may not always work for Customer’s schedule. Customer understands that any inability to attend a class live is in no way the fault of Company and does not affect the Membership. When participating via chat during the class, Customer agrees not to be disruptive, hurtful or harassing to any members of the group.

B. Facebook Group.

Customer will be granted access to a private group on Facebook as part of the Membership. When participating in the social media group, Customer agrees not to post anything defamatory, harmful, hurtful, harassing or that would constitute cyberbullying. Customer understands that Company has a zero tolerance policy and will immediately terminate Customer’s access if this provision is violated.

C. Access to Company.

During the Membership, Company will be accessible to Customer through the private Facebook community, where Company is regularly active. Company will respond as soon as possible to questions posted within the Community, usually within 24-72 hours.

NON-DISCLOSURE AND CONFIDENTIALITY

Customer understands that this Purchase includes access to Company’s intellectual property, original work, trade secrets and other proprietary information, (“Company’s Information”), including but not limited to video recordings, strategies, technical information, verbal guidance and other unpublished information. Customer agrees not to share, distribute, repurpose, claim ownership of, use for commercial benefit, disclose to third parties or copy any of Company’s Information and agrees that doing so is in direct violation of these Terms of Use. Customer understands that this non-disclosure provision remains in effect in perpetuity and Company reserves the right to prosecute any such violation to the full extent of the law.

By participating in the The Instagram Game Plan Membership, Customer may share private and confidential information with Company and other members in the program (“the Group”). Company agrees not to disclose such confidential information to anyone not in the Group. Customer may authorize Company to disclose such information in writing.

A reserved exception to this is if Company is required by law to disclose information shared by Customer, or if Company has a good faith reason to believe that disclosing such information is necessary to protect Customer, Company, a third party, or to respond to an emergency. In such event, Company will limit disclosure to essential information.

Customer also understands that other members of the Group may share their confidential or proprietary information (“the Group Information”). Customer agrees not to copy, share, distribute, repurpose, claim ownership of, use for commercial benefit or disclose to third parties outside of the Group, any of the Group Information and agrees that doing so is in direct violation of these Terms of Use. Customer understands that this non-disclosure provision remains in effect in perpetuity and a third party may prosecute any such violation to the full extent of the law. Customer agrees to hold Company harmless from any such action taken by a third-party against Customer.

Customer and Company agree that neither will engage in any conduct or communications with any third party, whether private or public, designed to disparage the other.

INTELLECTUAL PROPERTY

Company owns and maintains all copyrights and intellectual property rights to all of the materials and content in the Membership, unless otherwise stated, including but not limited to, documents, videos, audio recordings, worksheets, emails, handouts, activities, strategies, systems, techniques, logos, trademarks and other proprietary information and original work created by Company, whether created prior to working with Customer or specifically created for Customer.

By enrolling in the The Instagram Game Plan Membership, Customer is granted one limited, revocable, non-transferable license to view, read, download, print and use the materials and content in the Membership, for Customer’s personal benefit only, as directed by Company. All intellectual property rights remain with Company, nothing in this Agreement shall constitute a transfer of intellectual property ownership.

Customer agrees not to copy, reproduce, edit, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, provide access to another person, or in any other way, exploit Company’s intellectual property without Company’s express written consent. If a violation of this provision is discovered or suspected, Customer understands that this may constitute infringement and theft of Company’s intellectual property and may be a violation of United States Federal laws. In that event, Company may terminate Customer’s access to the Membership, without refund, and reserves the right to prosecute such infringement to the fullest extent of the law.

TERMINATION

Customer may terminate and discontinue the Membership at any time, for any reason, by emailing their request to the Company at marketing@withshelley.com 3 business days. Customer agrees and acknowledges that no portion of payments already made will be refunded.

REFUND POLICY

This is a digital membership and you get access to all class replays and other inclusions upon purchase. Because of that, we do not accept refund requests. You may cancel your membership at any time.

Customer understands Company’s refund policy and agrees that no refunds will be given outside of the scope of this policy.

TESTIMONIALS

Company may request Customer to provide a testimonial on the Purchase. Customer understands that there is no requirement to provide such a testimonial and further understands that if Customer declines to provide such a testimonial, there will be no negative consequences or change in relationship between Company and Customer.

If Customer chooses to provide a testimonial, it will be purely voluntary, at Customer’s own discretion. Customer understands that the testimonial, along with Customer’s identifying information may be used in Company’s marketing and promotions, with no financial compensation to Customer, and Company will hold an unlimited, irrevocable, worldwide license in perpetuity to use, publish, distribute or repurpose any information provided to Company as part of such testimonial. Customer agrees to sign a Testimonial Release if requested by Company.

NO GUARANTEES, NO WARRANTIES

Customer is participating in this Purchase voluntarily and understands that Company makes no guarantees regarding Customer’s results with this Purchase.

Customer agrees that Company is not responsible and Customer does not have a cause of action, legal remedy or an entitlement to a refund if Customer does not achieve the desired result upon completion of the Purchase. Customer agrees that Company is not responsible if there are errors or omissions in the Purchase or any of its materials.

The Purchase is provided “as is,” and, except for the express warranties in these Terms of Use, is offered with no warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, merchantability, expectation of course of performance and non-infringement. Customer agrees not to hold Company responsible if Customer becomes dissatisfied with the Purchase. The Purchase is intended for a general audience and is not in any way specific advice tailored to any individual.

Classes are designed to support you in reaching your goals, but your success depends on many factors, including your own motivation, dedication, starting point, willingness to work hard and apply the lessons, mindset, etc. and you understand that these factors will impact your results. You also understand that Company may offer guidance, direction, and program materials but does not actually implement anything for you. You are responsible for producing your results.

DISCLAIMER, FULL DISCLAIMER INCORPORATED BY REFERENCE

Customer understands that nothing in the Purchase is intended to constitute or should be relied upon as financial, business or legal advice. Marketing with Shelley provides social media information and education. Client understands that Company is not an accountant firm, financial advisor firm, law firm or other licensed business professional firm and is not acting as such. Nothing in the Services is intended to be a substitute for professional advice from an accountant, financial advisor, lawyer or other licensed business professional. Company is providing services only in the capacity as a social media consultant, not as a licensed business professional. Marketing with Shelley does not guarantee that Client will obtain any specific results or earn any money using its recommendations.

ASSUMPTION OF RISK

Customer is entering into this Purchase voluntarily at Customer’s own free will. Customer understands that the Purchase may include participation in financial, business or career strategies which include inherent risks. Customer confirms that during participation in this Purchase, Customer will always have the opportunity to consult with a licensed business professional before acting on any content of the Purchase. If Customer chooses not to consult with other licensed professionals and chooses to act on any content in the Purchase, Customer agrees that Customer is acting voluntarily and assumes all risks of use or non-use and agrees not to hold Company responsible for any harm, illness, injury or other negative results.

LIMITED LIABILITY, INDEMNIFICATION

Customer agrees that under no circumstances is Company to be held liable for any damages, whether direct or indirect, resulting from these Terms of Use or the Purchase, including any losses, injuries or medical ailments, and Company expressly excludes such liability to the fullest extent of the law. In no event shall Company’s liability exceed the fees paid under these Terms of Use.

Customer agrees at all times to indemnify, defend and hold Company and its team members, agents, affiliates, and other parties associated with Company, harmless from any actions, losses, damages or expenses, as well as third party claims, including attorneys’ fees and expenses, arising out of or related to these Terms of Use or Purchase.

GOVERNANCE

These Terms of Use shall be construed in accordance with, and governed by, the laws of the State of Utah as applied to contracts that are executed and performed entirely in Utah, regardless of Customer’s location.

DISPUTE RESOLUTION, LITIGATION EXPENSES

Should any dispute arise between Customer and Company, it would be preferable to work it out amicably, but if that is not possible, then Customer agrees that the dispute will be resolved by Arbitration, by the American Arbitration Association, in Utah County, Utah. Customer agrees to participate in the arbitration process in good faith, and further agrees that the decision made by the Arbitrator is binding, not subject to appeal, and enforceable in any court of competent jurisdiction as a judgment of law. Customer understands that any claim must be commenced within one year of the date of the grievance, or forfeited forever.

Customer understands that the only remedy that can be awarded through Arbitration is a refund of payments made to Company. NO AWARD OF ANY CONSEQUENTIAL OR ADDITIONAL DAMAGES MAY BE AWARDED TO CUSTOMER.

If any legal action is brought because of an alleged dispute regarding these Terms of Use, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in pursuing that action, in addition to any other relief to which they are entitled.

ENTIRE AGREEMENT, WAIVER, MODIFICATIONS, SEVERABILITY, ASSIGNMENT

Customer and Company agree that these Terms of Use constitute the entire agreement between them and supersedes any and all prior agreements, discussions, correspondence, understandings or proposals. Customer understands that any expectation regarding the Purchase, which is not specifically included in these Terms of Use is not included in the Purchase.

Customer agrees that no waiver of any of the provisions of these Terms of Use shall be deemed, or shall constitute, a waiver of any other provision of these Terms of Use, nor shall any waiver constitute a continuing waiver.

Customer agrees that these Terms of Use are not to be altered, amended, extended or considered waived in any way, except in writing, with an additional Addendum, signed by both Customer and Company, or by an authorized signatory for either party.

If any term of these Terms of Use is found to be invalid, void, or unenforceable under applicable law, the other provisions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.

These Terms of Use are not assignable, delegable, sub-licensable, or otherwise transferable.

FINAL

By purchasing Membership, Customer and Company acknowledge and agree to all of the terms of these Terms of Use.

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All rights reserved.