Terms of Service

BY USING ANY WEBSITES OR ELECTRONIC SERVICES OFFERED BY Social Media Marketing University. (THE “SERVICE(S);”), OR BY ELECTRONICALLY ACCEPTING BY CLICKING AN “I ACCEPT” BUTTON OR CHECKBOX IN THE REGISTRATION PAGES OF THE SERVICES, YOU ARE HEREBY AGREEING TO THESE TERMS OF SERVICE (THE “TERMS”) AND ANY TERMS INCORPORATED HEREIN BY SPECIFIC REFERENCE.

Ineligible Parties

As allowed by law, you are ineligible to subscribe to subscription based Services if you are a competitor of Social Media Marketing University, have been convicted for any computer or Internet related crimes within the last 5 years, are more than 60 days past due on any monies owed to Social Media Marketing University, or are located in a place that has laws or regulations which prohibit the use of Social Media Marketing University services.

Your Identity and Authority

You agree to provide current, accurate information in all electronic or hardcopy registration forms you submit in connection with using the Services. You agree not to impersonate or in any way misrepresent your affiliation or authority to act on behalf of any person, company, or other entity.

By subscribing to the Services, you certify that you are authorized to act on behalf of the owner or licensee of, or are the authorized representative of an individual, business or other legal entity governing the website on which you direct those Services to be performed. You agree to cooperate with Social Media Marketing University in their reasonable measures to verify your identity and authority in connection with your use of the Services.

Prohibited Uses

You must never use or direct the services to interact with websites for which you are not expressly authorized to do so. You must not use the Services to perform any unlawful activity including but not limited to computer crime, transmission or storage of illegal content, or content or software in violation of intellectual property and copyright laws.

If you should gain access to information for which you are not authorized, or which is not made available intentionally, publicly and in accordance with our Privacy Statement any such information for which you are not authorized, by any method or means, or for any reason, you must report it to Social Media Marketing University immediately and destroy all electronic or hard copies of such information. You must report incidents by email with return receipt requested to http://smmu.com/support. Any breach of the above covenants will result in immediate termination of Services and, if appropriate, referral to law enforcement authorities.

Conduct and Content

You are expected to use the Services in a responsible, businesslike manner in accordance with the law. You are responsible for your conduct while on the site, as well as any content you post, distribute, transmit or solicit from others. You will not use the Services in such a way as to distribute, link-to, transmit or solicit any content of any type that: (a) is unlawful, libelous, violates a contract, or regulation; (b) is obscene, harmful to minors, pornographic, invasive to another’s privacy, racist, unethical, or otherwise offensive; (c) advocates or solicits criminal behavior, violence or racism; (d) infringes on someone’s intellectual property rights, copyright, or other right; (e) constitutes unauthorized or unsolicited commercial communications such as bulk or SPAM email; (f) contains any computer code designed to disrupt, damage or impair any computer or network systems and software, such as viruses, trojans, back doors, or macros, whether or not any damage occurs; (g) surreptitiously intercepts, downloads, copies, detrimentally interferes with, damages, or expropriates any system, data, or personally identifying information; (h) defaces the web site or Services in any way; or (i) reveals your account access information such as your password or secret question. You will comply with all applicable laws, regulations, and Social Media Marketing University policies regarding on-line conduct and Content.

Security

You agree to maintain your account in a secure way. You may not reveal your password or secret question to others in any way or for any reason. You may not provide access to the Services by; (a) allowing others to use your account after you log in, whether intentional or otherwise; (b) creating an account for someone who is not authorized to perform the role or view the information for which you have granted access; or (c) failing to revoke access for those who are no longer authorized to access the Services for any reason. You will immediately notify Social Media Marketing University of any unauthorized access from your account or the accounts of others for which you have administrative authority, including the use of accounts, passwords, or any other breach of security. You will not solicit another’s password for any reason. You will not access someone else’s account, nor disrupt, interfere, or limit the functioning of the Services, or other’s use of the Services.

Support

You agree that your use of the services is at your own risk. Social Media Marketing University, its officer’s, directors and employees are not responsible for your use of the Services. Under this agreement, Social Media Marketing University is obligated to provide support, whether on-line or by telephone, only during normal Eastern Standard Time working hours. Any additional support shall be under a separate agreement.

Copyright and Intellectual Property

All content provided by Social Media Marketing University in connection with the Services is protected under copyright law and you will not reproduce or distribute in any form, whether or not for commercial purposes, any part of the Services. Unless indicated otherwise, you may view, download, copy, and print Social Media Marketing University documents from the Services, as long as you use them for personal purposes only and do not post, distribute, modify, deface or remove copyright, trademark or other intellectual property ownership notices.

Right to Display the Social Media Marketing University Logo

You agree to use only the HTML source code provided by Social Media Marketing University for the display of the Social Media Marketing University logo image. You agree to only place this HTML code on sites that are currently authorized by Social Media Marketing University, and enrolled and established under your customer account. Should you discontinue services with Social Media Marketing University you agree to immediately remove all HTML source code supplied by Social Media Marketing University from your servers. You are prohibited from using the Social Media Marketing University for or on behalf of any other organization or in connection with any domain name and/or organization name other than those authorized by Social Media Marketing University, and enrolled and established under your customer account.

Privacy

Please read our Privacy Statement which describes our privacy policies and practices. By agreeing to these Terms, you also agree that Social Media Marketing University may collect and use your personally identifying information in accordance with provisions in the Privacy Statement. The Privacy Statement is incorporated here by reference, is subject to change from time to time at Social Media Marketing University’s sole discretion.

Use of Interactive Services

Any forums, chat rooms, support tools or other interactive tools associated with the Services are intended as a tool to discuss computer security issues, generally available Social Media Marketing University Services and other business and technical issues related to the use of the Services. The interactive services are not intended to register complaints or for you to solicit for business. Social Media Marketing University does not normally screen or edit user content or monitor interactive services, except as necessary to provide technical and customer support, but reserves the right to do so in the future. Social Media Marketing University is not responsible for any such content.

Confidentiality

You will, by using the services or by contact with Social Media Marketing University employees come into contact with confidential information. Information including, but not limited to, trade secrets, methods, details about product or service feature, enhancement, or release plans, and business or marketing plans (“Confidential Information”) is considered to be proprietary and confidential. You agree to hold Confidential Information in strict confidence and take reasonable measures to keep it secure. You agree to abide by these terms for one year after you stop using the Services.

Trial Offer Policy

A trial offer grants access for the set number of days determined by the offer. If trial is set to become a membership, payment will be applied on the day following the trial’s end. If you do not wish to continue the membership beyond the trial period, you MUST cancel the trial at least 24 hours before the billing begins. It is your responsibility to be aware of this date. After the first payment is applied, any recurring Trial Offer is not subject to refund but the membership can be canceled at anytime without penalty and after cancellation the membership will remain in force until the end of the current billing period.

Product Purchase Refund Policy

For any products purchased with a one-time charge, we offer a 100% money back guarantee for the purchase price of our products within the first (30) thirty days of your purchase date. This does not apply to Trial Offers, please see the Trial Offer Policy for details. For our International clients we cannot be responsible for price differences or additional charges resulting from exchange rates or other fees. To receive a full refund of your purchased price in US Dollars, you must send your cancellation and refund request in writing before the 31st Day of your signup date using our Help Desk Ticket System, found in your “Support” menu tab or by going to http://smmu.com/support. Failure to do so within this stated time period, will result in no refund granted.

Cancellations

Absolutely no cancellation request via telephone, Twitter, Facebook or any social service or direct email will be accepted.

In order to cancel order you must have a valid support ticket number issued by our help desk support system. To obtain a valid support ticket number you can go to http://smmu.com/support. Once you submit request you will be issued a support ticket number immediately and we will process all cancellations within 1 business day. For trial members all cancellation requests must be submitted PRIOR to the end of the trial period, if not you agree to honor charges after the trial period has elapsed. Absolutely no cancellations will be accepted without a properly authorized support ticket number via our support desk http://smmu.com/support.

Friendly Fraud Warning

Social Media Marketing University does not tolerate “friendly fraud”, defined as contacting your credit card company after the refund period in order to gain a “refund” of your purchase price after you have taken ownership of the product on the 31st day as per the terms noted in this document. Any instance of friendly fraud will result in SMMU filing a rebuttal containing this notice with your credit card company showing with your stated agreement to these terms made upon your purchase, along with any additional information deemed necessary to successfully rebut your false claim against SMMU.

Subscription Based Services/Memberships

Social Media Marketing University offers various monthly/quarterly/annual memberships. Members with a subscription have the right to cancel their subscription and receive a full refund for the first payment by submitting timely notice of cancellation within the first 30 days from the original purchase date. The original purchase date is the date that a Social Media Marketing University member agreed to purchase their membership within the “Social Media Marketing University” shopping cart.

If you are a monthly subscriber, to cancel after the initial cancellation period has expired, a member must contact Customer Service to log a ticket at http://smmu.com/support at least 72 hours prior to the next recurring billing date established with the member’s credit card provider. Only cancellations effected within this timeframe will be effective. Notice of cancellation after the 72 hour cut-off will effect cancellation for the next succeeding month. In such cases, the member shall be responsible for payment of the succeeding month and will have no right to stop payment or chargeback for that month.

Example: If the recurring billing date is on the 15th of each month, and a cancellation notice is delivered on the 14th of that month, the account will be billed on the 15th of that month and will be cancelled effective the 15th of the following month.

If you are a quarterly subscriber and have a recurring billing date every 3 months, to cancel after the initial 30 day cancellation right has expired, you must contact http://smmu.com/support at least 72 hours prior to the next recurring billing date established with your credit card provider. Only cancellations effected within this timeframe will be effective. Notice of cancellation after the 72 hour cut-off will effect cancellation for the next succeeding quarter or three month period. However, if the quarterly subscriber misses the 72 hour cut off and still wishes to receive a partial refund and duly and timely so notifies Social Media Marketing University within twenty five days of the expiration of the 72 hour cut off, as long as the canceling member does not attempt to dispute or assert a chargeback for the subsequent quarterly payment, Social Media Marketing University will refund the amount of that payment that exceeds one non-discounted monthly payment amount for the program to which they subscribed. The Social Media Marketing University member will have no right to stop payment or chargeback any portion of the quarterly payment for which timely cancellation has not been effected and will forfeit any right to claim a refund if he or she attempts to do so.

If you are a semi annual subscriber, to cancel after the initial cancellation right has expired, you must contact Customer Service to log a ticket at http://smmu.com/support at least 72 hours prior to the next recurring billing date established with your credit card provider. Only cancellations effected within this timeframe will be effective. Notice of cancellation after the 72 hour cut-off will effect cancellation for the next succeeding semi annual payment. However, if the semi-annual subscriber misses the 72 hour cut off and still wishes to receive a partial refund and so duly notifies Social Media Marketing University within twenty five days of the expiration of the 72 hour cut off, as long as the canceling member does not attempt to dispute or assert a chargeback for the subsequent payment due, Social Media Marketing University will refund the amount of that payment that exceeds the then applicable non discounted monthly price for two months of their Social Media Marketing University membership. The Social Media Marketing University member will have no right to stop payment or chargeback any portion of the semi annual payment for which timely cancellation has not been effected and will forfeit any right to claim a refund if he or she attempts to do so.

If you are an annual subscriber and have a recurring billing date every 12 months, to cancel after the initial cancellation right has expired, you must contact Customer Service to log a ticket at http://smmu.com/support at least 72 hours prior to the next recurring billing date established with your credit card provider. However, if a cancellation request is delivered within the first 10 months of access that has been paid for, a partial refund will be provided, as follows: a) Social Media Marketing University will calculate the regular, non discounted monthly membership charge for the applicable program for the months that service were in effect, prior to the cancellation notice, including the month of cancellation; b) The amount calculated under subparagraph a) will be subtracted from the annual subscription fee amount paid, and the difference, if any, will be refunded to the annual member. The Social Media Marketing University member will have no right to stop payment or chargeback any portion of the any annual payment for which timely cancellation has not been effected and will forfeit any right to claim a refund if he or she attempts to do so.

Convenience Charges

Upon attempt to purchase any product or membership from Social Media Marketing University, if your credit card charge fails, for your convenience our system will attempt to charge your card 3 additional times in the next 3 calendar days (72 hours). This is standard industry practice and will not allow for duplicate charges on your credit card.

Default

You are in default of this agreement or if you fail to pay any amount owed to Social Media Marketing University when due, subject to a 10 day grace period, or you fail to comply these Terms. Unless otherwise stated, fees for Services are due in advance and subject to payment and Service delivery terms found in your invoice(s) and incorporated here by reference. If you are in default, Social Media Marketing University may take any or all of the following actions to remedy the default and protect its interests: (a) declare all unpaid monies immediately due and payable; (b) Terminate Services; (c) Terminate this agreement; (d) take any other lawful action Social Media Marketing University may deem appropriate to enforce your obligations under this agreement. You agree to pay costs and reasonable attorney’s fees Social Media Marketing University may incur enforcing it’ rights under this agreement.

Sales/Use Tax

You are responsible for any sales or use taxes levied in connection with your use of or payment for the Services. You also agree to pay for any other taxes, except Social Media Magic income taxes, that arise in connection with your use of the Services, even if Social Media Marketing University pays those taxes and bills you later.

Indemnity and Non-Defamation

You agree to indemnify, hold harmless, and defend Social Media Marketing University, its parent company Social Media Magic, its officers, directors, employers, agents, suppliers, licensors, and third party information providers, or other related parties from and against all losses, damages, costs, and attorney’s fees (“Claims”) resulting from violation of these Terms or any action, whether intentional, malicious, inadvertent, wrongful or negligent, related to your account, your use of the Services or any other person or persons who use your user account. Social Media Marketing University does NOT indemnify you against such Claims made against you by others as a result of your use of the Services.

You agree that when using any online or offline Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of SMMU or any of its officers, directors, employers, agents, suppliers, licensors, and third party information providers.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information about of SMMU or any of its officers, directors, employers, agents, suppliers, licensors, and third party information providers..
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

You agree Social Media Marketing University’s Services are provided on an “As Is, As Available” basis without any warranty of any kind. You understand that verifying testimonials is highly complex and changeable. Social Media Marketing University makes no warranty that the Services will be completely accurate or error-free. Social Media Marketing University shall be held harmless and free from all liabilities for any use or application of the information provided by Social Media Marketing University in connection with using the services. Additionally, Social Media Marketing University makes no warranty that the services will always be available, that they will be error free, that they are free from viruses or harmful components, or that they will meet your requirements. You use the Services or any related third party services at your own risk. You are solely responsible for any damage to your business as a result of using the services. Social Media Marketing University MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES.

Limitation of Liability

You expressly agree that Social Media Marketing University shall have no liability or obligation, whether arising from contract, tort, warranty, or otherwise, for any loss of revenue, profit, data, use of money, use of time, or for any incidental, consequential, special, or indirect damages, foreseen, foreseeable, unforeseeable, or otherwise, arising from your use of the Services, to the extent allowed by law. This limitation applies to all claims or causes of action including but not limited to those arising from Service availability, your access and use of third party services, content or Software, or any other matter relating to the Services. You agree that Social Media Marketing University’s liability for all causes of actions relating to this agreement and any matters relating to our delivery of, or your use of the Services shall not exceed the monies paid to Social Media Marketing University in the 12 months preceding the proper service of the cause of action.

Modification of Terms and Services

Social Media Marketing University reserves the right to modify these Terms from time to time. The modified terms will be posted on this page. You should check here from time to time for updates. You agree that your use of the Services after such a change will be deemed full and adequate acceptance of the modified Terms. Social Media Marketing University also reserves the right to modify, discontinue or make temporarily unavailable the Services and that any new or modified features, unless explicitly stated otherwise are subject to these Terms.

Entire Agreement

You acknowledge that these Terms with the included Privacy Statement constitute the entire agreement between you and Social Media Marketing University. You agree that these terms supersede any prior agreements or statements made verbally or in writing.

Severability

You agree that if any term in this agreement is deemed to be invalid, unlawful or unenforceable for any reason, all other terms shall remain in force.

Governing Law

These Terms will be governed by Georgia and United States law.

Waiver of Rights

You agree that the only way to waive rights under these Terms is explicitly and in writing. Any failure to enforce any right under this agreement will not waive that right.

Term and Termination

You agree that this agreement shall remain in effect for as long as you subscribe to, renew, or use the Services. You agree that this agreement can only be terminated by you once you have stopped using the Services and have paid all monies owed to Social Media Marketing University. You agree that Social Media Marketing University can terminate this agreement at any time for any reason, with or without cause, if it has reason to believe that you are violating the Terms in any way, or when the Service is permanently discontinued. Re-subscription shall again be subject to these or modified Terms in effect at the time of re-subscription.

Updated May 30, 2014