Legal StuffThe 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.
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 http://bixamedia.wpengine.com, including, but not limited to:
- Free educational articles and emails;
- Strategic consulting;
- Web design and development; and
- Online marketing assistance.
Information We Collect
This Site only collects the personal information you voluntarily provide to us, which may include:
- 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; and
- 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.
- Your contact information and billing information to process payment for services ordered such as our List-Building Strategy Roadmap or Lead-Nurturing Email Automation.
The information you provide is used to process transactions, send periodic emails, and improve the service we provide.
We do share your information with trusted third parties who assist us in operating our website, conducting our business and servicing clients and visitors, such as Google Analytics, KISSmetrics, Mailchimp, and ActiveCampaign. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with unrelated third parties.
We may record information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. We use this type of information to administer the Site and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site.
We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all. This Site does not respond to Do Not Track signals from your browser.
Third Party Links
We maintain security measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.
Updating Your Information
You may access and correct your personal information and privacy preferences by contacting us via email at lauren [at] bixamedia [dot] com.
Changes To This Policy
Updated March 2016
BY VISITING HTTPS://WWW.BIXAMEDIA.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
The terms “we,” “us,” and “our” refer to Bixa Media. The term the “Site” refers to https://www.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://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 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.
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.
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).
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.
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 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.
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.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
106 29th St
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.
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.
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: March 2016
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.
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.