Welcome to Unstung Marketing LLC. By accessing or using our website, services, or products, you agree to be bound by the following Terms of Use. Please read these terms carefully. If you do not agree with these terms, you should not use our services or products.
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1. Acceptance of Terms
By using the website, services, and products provided by Unstung Marketing LLC ("the Company"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, as well as any additional guidelines, rules, or disclaimers posted on the website. The Company reserves the right to modify or update these terms at any time, with changes becoming effective immediately upon posting.
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2. Eligibility
By using our services, you represent that you are at least 18 years of age or the legal age of majority in your jurisdiction. You are responsible for ensuring that all individuals accessing the services through your account comply with these terms.
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3. Services
Unstung Marketing LLC provides digital marketing services including, but not limited to, brand development, YouTube/social media marketing, sales funnel creation, webinar funnels, and other related services. We reserve the right to modify, suspend, or discontinue any service at our discretion and without prior notice.
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4. Use of Services
You agree to use our services solely for lawful purposes and in compliance with these Terms of Use. You may not:
- Attempt to gain unauthorized access to our systems or services.
- Use our services in a manner that could damage, disable, overburden, or impair our infrastructure.
- Use the services for any fraudulent, abusive, or illegal activities.
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5. Intellectual Property Rights
All content, trademarks, logos, service marks, and other intellectual property displayed or made available through Unstung Marketing LLC’s services are the property of the Company or its licensors. You are granted a limited, non-exclusive, revocable license to access and use the content and services solely for personal, non-commercial purposes, unless otherwise agreed in writing.
You may not reproduce, distribute, or create derivative works of any content provided by the Company without explicit written consent.
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6. User Content
You retain ownership of any content you submit or upload through our services, but by doing so, you grant Unstung Marketing LLC a non-exclusive, worldwide, royalty-free, and transferable license to use, reproduce, modify, and display such content for purposes of providing and improving the services.
You represent and warrant that:
- You own or have the necessary rights to use and submit the content.
- Your content does not infringe on the intellectual property rights or privacy rights of any third party.
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7. Consent to Communication
By providing your contact information (email address, phone number, etc.) to Unstung Marketing LLC, you consent to receive communications from us, including promotional and marketing messages. You may opt out of such communications at any time by following the unsubscribe instructions provided in those communications or by contacting us directly via email at connect@alexalbarran.com. Please note that opting out of marketing communications will not affect your receipt of service-related messages, such as billing notices or account updates.
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8. Disclaimer of Warranties and Earnings Disclaimer
Unstung Marketing LLC provides its services "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that:
- The services will meet your requirements.
- The services will be uninterrupted, timely, secure, or error-free.
- The results obtained from using the services will be accurate or reliable.
Earnings Disclaimer
Unstung Marketing LLC makes no guarantees, representations, or warranties, either express or implied, regarding your potential earnings, income, or financial results from using our services. Any statements regarding earnings or income are solely estimates based on past performance and should not be considered as guarantees that you will achieve similar results.
Your success and financial outcomes depend on many factors, including but not limited to your business acumen, skills, knowledge, effort, industry, market conditions, and individual circumstances. You acknowledge that your results may vary and that no guarantees can be made regarding any specific financial outcome.
It is very possible that you will not earn back the fees paid for our programs or services. By using our services, you accept full responsibility for the outcomes of your actions and agree that no guarantees of earnings or success have been made. Business endeavors inherently carry risks, and we are not liable for any losses you may incur.
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9. Limitation of Liability
To the fullest extent permitted by law, Unstung Marketing LLC and its officers, directors, employees, agents, or affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, lost profits, data loss, or business interruption, arising out of or in connection with your use of the services.
Our total liability to you for any claim arising out of or relating to the services will not exceed the amount you have paid, if any, for the use of the services during the six months preceding the claim.
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10. Indemnification
You agree to indemnify, defend, and hold harmless Unstung Marketing LLC, its affiliates, employees, agents, and licensors from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your:
- Use or misuse of the services.
- Violation of these Terms of Use.
- Violation of any applicable law or regulation.
- Infringement of any intellectual property rights or other rights of a third party.
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11. Termination
Unstung Marketing LLC reserves the right to suspend or terminate your access to the services at any time, without notice, for any reason, including but not limited to your breach of these Terms of Use.
Upon termination, you must cease all use of the services, and any licenses granted to you will be revoked.
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12. Dispute Resolution and Class Action Waiver
In the event of any dispute, controversy, or claim arising out of or relating to these Terms of Use, your relationship with Unstung Marketing LLC, or your use of our services, both parties agree to resolve the matter as follows:
Good Faith Negotiations
Before pursuing any formal legal action, you agree to first attempt to resolve the dispute through good faith negotiations with Unstung Marketing LLC. This includes notifying us in writing of the nature of the dispute to connect@alexalbarran.com and allowing a reasonable period for resolution. You agree to engage in these negotiations for at least 30 days before taking further steps.
Binding Arbitration
If good faith negotiations fail to resolve the dispute, the matter will be exclusively and finally resolved through binding arbitration under the following conditions:
- Arbitration will be conducted in accordance with the rules of the American Arbitration Association ("AAA").
- The arbitration will take place in Florida, and you expressly agree to this location regardless of your residence or business location.
- The decision of the arbitrator will be final, binding, and enforceable in any court of competent jurisdiction.
- The arbitrator will have the sole authority to resolve all disputes, including disputes relating to the interpretation, applicability, enforceability, or formation of this agreement and any related agreements.
Limited Rights in Arbitration
You acknowledge and agree that:
- No discovery or other pre-trial procedures will be allowed unless expressly authorized by the arbitrator.
- The arbitrator's award will be limited to actual damages directly resulting from the claim and may not include punitive, consequential, or incidental damages, even if allowed under applicable laws.
Class Action Waiver
By agreeing to these Terms of Use, you waive your right to initiate or participate in a class action or other representative proceeding, and you agree to pursue any dispute or claim solely on an individual basis. This includes, but is not limited to, any form of class arbitration.
- You waive any right to combine your dispute with those of others or to act as a class representative or member in any such proceeding.
- Any claim arising out of or related to the agreement must be arbitrated individually. If a court or arbitrator determines that the class action waiver is unenforceable, this entire dispute resolution section will be rendered void.
Costs and Fees
Unstung Marketing LLC reserves the right to require the losing party to reimburse the prevailing party for all reasonable attorneys' fees, costs, and expenses incurred in connection with the arbitration.
Limitation on Claims
All claims or disputes must be filed within one year from the date the cause of action arose, regardless of any law to the contrary. Failure to file within this time frame constitutes a permanent bar on the claim.
13. No-Refund Policy
All fees paid for services rendered under this agreement are non-refundable and non-transferable, regardless of any changes in circumstance, service outcome, or satisfaction level. By engaging in our services, you acknowledge and fully accept this no-refund policy as binding. This policy allows us to maintain high standards, allocate resources efficiently, and prioritize our commitment to deliver the best results for all clients.
3-Day Right of Rescission
Clients may rescind this agreement within three (3) business days of signing, free from any penalties or financial obligations. To exercise this right, a formal written notice must be submitted within the rescission period to confirm intent to cancel.
14. Governing Law
This dispute resolution process is governed by the laws of the State of Florida, without regard to its conflict of law principles. By using our services, you consent to arbitration and waive any right to a trial by jury or to participate in a class action lawsuit.
15. Severability
If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
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If you have any questions or concerns regarding these Terms of Use, please contact us at connect@alexalbarran.com
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By using Unstung Marketing LLC’s services, you acknowledge that you have read, understood, and agree to these terms.
