Legal Stuff

The fine print

If you’re anything like us, this might be your least favorite part of a site. Are we right?!?

That being said, the “dreaded legal stuff” is a necessary part of having an online presence. But more importantly, it helps you (and us) understand what is expected of both parties when using our website, https://bixamedia.com.

So keep reading, and holler if you have any questions.

PS: If you haven’t already done so, make sure you have the required legal measures in effect on your website, including a Privacy Policy, Terms & Conditions and Disclaimers. If you need help with this, contact us, and we’ll point you in the right direction. We have some great resources for you.

The Legalese…

 

BY VISITING HTTP://WWW.BIXAMEDIA.COM, YOU ARE CONSENTING TO OUR PRIVACY POLICY.

 

Overview

Bixa Media is committed to protecting your privacy online. Please read this privacy notice carefully as it contains important information on who we are, how and why we collect, store, use, and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.

This Privacy Policy describes the personal information we collect through this website at https://www.bixamedia.com (the “Site”), and how we collect and use that information.

The terms “we,” “us,” and “our” refers to Bixa Media . The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
The term “personal information” is defined as information that you voluntarily provide to us that personally identifies you and/or your contact information, such as your name, phone number, and email address.

The term “Service” refers to services, products and information we provide through Bixa Media and https://www.bixamedia.com, including, but not limited to:

  • Free educational articles and emails;
  • Strategic consulting;
  • Web design and development; and
  • Online marketing assistance.

Use of https://www.bixamedia.com, including all materials presented herein and all online services provided by Bixa Media, is subject to the following Privacy Policy. This Privacy Policy applies to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to this Privacy Policy, without modification, and acknowledge reading it.
 

Children’s Online Privacy Protection Act

This website and any products and services offered herein are not intended for persons under the age of 13. Bixa Media does not knowingly collect information from anyone under 13 years of age. Bixa Media prohibits children under the age of 13 from using all interactive portions of this website, including leaving any comments, filling out forms, or otherwise submitting information. Bixa Media will not knowingly collect personally identifiable information from children under 13. If Bixa Media learns it has any information or content from anyone under the age of 13, it will delete that information.
 

Information We Collect & Use

Bixa Media may collect, use, and is responsible for certain personal information that you provide when you voluntarily, which may include:

  • Leaving comments on a blog post;
  • Your first name, last name and email address in order to subscribe you to our email newsletter;
  • Your website URL, phone number, desired services, and specific online challenges provided in our Consultation forms, in order to provide you with personalized advice on how to improve your website performance;
  • Your first name, last name and email address in order to receive any of our free guides or courses like: 6 Simple Tips To Save Time & Money On Your New Website and Boost Your Email Marketing Performance in 11 Days; and
  • Your contact information and billing information to process payment for services ordered.

Bixa Media may collect domain information and “cookies” (small files saved on your hard drive by your web browser) to analyze website performance, advertisement performance, track user patterns, save information from your previous visits and customize your experience. We will ask for your consent to allow us to use cookies. Bixa Media or its third-party vendors may collect non-personal information through the use of these technologies. Non-personal information might include the browser you use, the type of computer you use and technical information about your means of connection to this website such as the operating systems and the Internet service providers utilized and other similar information. Bixa Media’s systems may also automatically gather information about the areas you visit and search terms you use on this website and about the links you may select from within this website to other areas of the Internet.

The information you provide is used to process transactions, send periodic emails, analyze site traffic, personalize your content, and improve the service we provide.
You are not required to provide any personally identifiable information to merely access or visit this website.

Bixa Media respects your privacy and will never sell, trade or transfer your personally identifiable information to third parties (beyond what is necessary for fulfilling a customer transaction or for the basic functionality of an online service) without your consent.

We do share your information (name, email address, IP address, payment detail) with trusted third parties who assist us in operating our website, conducting our business and servicing clients and visitors. For a list of these 3rd-party suppliers, please contact support [at] bixamedia [dot] com. These trusted third parties agree to keep this information confidential.

If you give Bixa Media your permission, it may also use personal identification information for internal or external marketing and promotional purposes.

On occasion, Bixa Media may collect personal identification information from you in connection with optional contests, special offers or promotions. Bixa Media will share such information with necessary third parties for the purpose of carrying out the contest, special offer or promotion. We will ask for your consent to such disclosure and use of such information, prior to your participation in the contest, special offer or promotion.

We will not share your personal information with any other third party.
 

Email Policies

In compliance with the CAN-SPAM Act, all e-mails sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.

Our emails provide users the opportunity to opt-out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any e-mail they receive from us at any time.

Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the e-mail.
 

Use and Transfer of Your Information Out of the EEA

This website is operated in the United States and third parties with whom we might share your personal information as explained above are also located in the United States. If you are located in the EEA or elsewhere outside of the United States, please be aware that any information you provide will be transferred to the United States. By using this website, participating in any of its services and/or providing your information, you consent to this transfer.

These countries do not have the same data protection laws as the United Kingdom and EEA. While the European Commission has not given a formal decision that such countries provide an adequate level of data protection similar to those which apply in the United Kingdom and EEA, any transfer of your personal information will be subject to suitable relevant safeguards.

If you would like further information, (see “How to contact us” below. We will not otherwise transfer your personal data outside of the United Kingdom OR EEA or to any organization (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.
 

Visitors’ GDPR Rights

If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:

We will retain the any information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) the Company decides that the value in retaining the data is outweighed by the costs of retaining it.

You have the right to request access to your data that the Company stores and the rights to either rectify or erase your personal data.

You have the right to seek restrictions on the processing of your data.

You have the right to object to the processing of your data and the right to the portability of your data.

To the extent that you provided consent to the Company’s processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.

You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.

We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
 

Links to Other Sites

You may see advertising or other content on this website that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors or other third parties. Any products or services reached through a third-party link are subject to separate privacy policies. Bixa Media is not responsible for or liable for any content on or actions taken by such third-party websites.
 

Security

We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable authorities of a suspected data security breach where we are legally required to do so.

Please note that any comments or information that you post on the website, including the Bixa Media website and social media pages, become public and third parties may use your information. Bixa Media is not responsible for any unauthorized uses by third parties in such context. You disclose such information at your own risk.
 

Changes To This Policy

You acknowledge and agree that it is your responsibility to review this Site and this Policy periodically and to be aware of any modifications. We will notify you of any changes to this privacy policy by posting those changes on this page.
 

How To Contact Us

If you have any questions or concerns about this Privacy Policy, the information we hold about you, or you wish to change your personal information in our records, please contact support [at] bixamedia [dot] com.
 

Need Extra Help?

If you would like this notice in another format (for example: audio, large print, braille) please contact us (see “How to contact us” above).

Updated May 2018

 

BY VISITING HTTP://WWW.BIXAMEDIA.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.

 

Overview

The terms “we,” “us,” and “our” refer to Bixa Media . The term the “Site” refers to https://bixamedia.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.

The term “Service” refers to services, products and information we provide through Bixa Media and https://bixamedia.com, including, but not limited to:

  • Free educational articles and emails;
  • Strategic consulting;
  • Web design and development; and
  • Online marketing assistance.

Use of https://bixamedia.com, including all materials presented herein and all online services provided by Bixa Media, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

 

Use Of The Site And Service

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.

Information provided on the Site and in the Service related to websites and online marketing are subject to change. Bixa Media makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Bixa Media disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

 

Account Creation

In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Bixa Media will always be accurate, correct, and up to date.

You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

 

Lawful Purposes

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

 

Refusal Of Service

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. If we choose to refuse your order after payment has been processed, we will refund your money.

 

Order of Confirmation

We will email you to confirm the placement of your order and with details concerning execution. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

 

Cancellations, Refunds & Returns

Due to the nature of the online marketing, web design and web development process, refunds will not be given at any point in time, for any reason.

However, your satisfaction is our #1 priority, email us at lauren [at] bixamedia [dot] com to let us know why you’re unsatisfied and we will do whatever we can to meet your needs (unless you are one of those cantankerous types of people who just can’t be satisfied…if you’re one of those then you’re on your own).

 

Product Description

We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

 

Material You Submit To The Site

You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

 

Intellectual Property Rights To Your Materials

We claim no intellectual property rights over the material you supply to Bixa Media. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Bixa Media remains yours to the extent that you have any legal claims therein. You agree to hold Bixa Media harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

 

Our Intellectual Property

The Site and Service contain intellectual property owned by Bixa Media, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

 

Changed Terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

 

Limitation of Liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, BIXA MEDIA IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF BIXA MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL INSERT BIXA MEDIA’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM BIXA MEDIA, AND IF NO PURCHASE HAS BEEN MADE BY YOU, BIXA MEDIA’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

 

Third Party Resources

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Bixa Media. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

 

Effect of Headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

 

Entire Agreement; Waiver

This Agreement constitutes the entire agreement between you and Bixa Media pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Bixa Media shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Bixa Media.

 

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Bixa Media
25 Balboa Coves
Newport Beach, CA 92663

 

Governing Law; Venue; Mediation

This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in Orange County, California. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of ADR Services, Inc. Orange County or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

 

Recovery Of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

 

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

 

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

 

Updated: May 2018

Website & Marketing Advice

Hey, business is risky. And while we love using our experiences and those of countless other entrepreneurs we know and have worked with, business is still risky. Any advice provided in the resources within this website, including material delivered via email, live events including webinars and screencasts, and video tutorials are for educational and informational purposes only and should not take the place of hiring a professional consultant (or us) for personalized advice. ​We cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within our control.

 

Affiliates

Guess what? If you click on a link that we’ve provided, it might be a link to someone who will give us a commission if you buy something from their site. That means that we might get paid if you click on that link. And the reason why we’re telling you this is because we want to be upfront with you, and because it’s illegal not to. (So, you know, right side of the law and all.) However, we only recommend products and services that we know or trust to be of high quality, whether an affiliate relationship is in place or not. All that said, we promise to use any affiliate commissions earned for good causes: like reinvesting in this business to bring you even better resources.

 

Our Toolbox Products

We love the products we offer in our Digital Toolbox, and we hope you do, too. That said, sometimes we might slip up, and sometimes, errors happen. Things like pricing or product descriptions get mixed up…after all, we’re only human. While that stinks, what’s most important to us is that you’re happy. So while we can’t guarantee that all information on the site is always 100% accurate at any given time, we’ll do our best to ensure it is as accurate as humanly possible. If you do notice a mistake, please don’t hesitate to contact us and let us know. We’ll also try to give you the best customer service we can to remedy the situation.