TERMS OF USE


IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE BEFORE ACCESSING, USING, OR MAKING A PURCHASE OVER WITH Vica Marketing LLC


THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.




LAST UPDATED - June 29, 2020


EFFECTIVE DATE: MAY 18, 2019


VICA MARKETING LLC


contact@vicamarketing.com


The Programs, Products, and Services are owned and operated by Vica Marketing, LLC. (“Company”, “UM, “we”, or “us”). The term you (“You”, “Participant”) refers to any purchaser and/or user of any of our Programs, Products and/or Services.



By purchasing any of the Programs, Products and Services from Vica Marketing, LLC , you agree and consent to the following Terms of Use that govern your use of those Programs, Products and Services and that form a legal agreement between you and Vica Marketing, LLC


TERMS OF USE


These Terms of Use (“Terms of Use”) state how you may use our Programs, Products and Services and Program Materials, and their content. Please read these Terms of Use carefully. We reserve the right to change these Terms of Use from time to time.


If we make changes to these Terms of Use, we will provide notice of such changes, such as by sending you an email notification, providing notice through the Services, or updating the “Last Updated” date at the top of these Terms of Use.


By using any of our Programs, Products and Services you are agreeing to the Terms of Use as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use our Programs, Products and Services.

These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Programs, Products, Services and Program Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.


USE AND CONSENT


By purchasing or using any of our Programs, Products or Services, you agree to abide by these Terms of Use as well as our Disclaimer, Terms & Conditions, and Privacy Policy and any other terms and conditions that may apply, and are you are required to act in accordance with them. Accessing, purchasing or using our Programs, Products, Services or Program Materials, in any manner constitutes use of the Program, Products, Services and Program Materials, and your agreement to be bound by these Terms of Use.


PARTICIPANT RESPONSIBILITY


The Programs, Products, and Services are developed strictly for educational and informational purposes ONLY. Participant accepts and agrees that Participant is 100% responsible for their progress and results from the Programs, Products, and Services.


INTELLECTUAL PROPERTY RIGHTS


OUR LIMITED LICENSE TO YOU


Our Programs, Products, and Services and all the Program Materials are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.

The content in our Programs, Products and Services is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of our Program Materials or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.

If you purchase or access any of our Program Materials through our Programs, Products or Services, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Programs, Products or Services or the Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.

You are being granted a limited license to use our Program, Products and Services, and Program Materials with permission and restrictions. This means that when you purchase a Program, Product or Service from our Website or otherwise, you are purchasing the limited right to use the Program Materials in the form that is provided by us to you with certain conditions as specified in these Terms of Use.


PERMISSIONS


You are permitted to use our Programs, Products, Services and Program Materials as follows:

You may download and/or print Program Materials for your own personal use in your business.

However, you are not permitted to share, sell, reprint or republish any other of our Program Materials, including handouts, for resale or mass reproduction purposes for your own business use.

Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.

For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product or Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.


NON-DISCLOSURE OF PROGRAM


As a Licensee, you understand and acknowledge that our Programs, Products and Services and the Program Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.


When you enroll in or purchase our Programs, Products or Services, you agree that you are clearly and expressly prohibited from doing the following:


You will not copy, share or steal our Programs, Products, Services, or Program Materials, or any parts of them.

You will not in any way use, copy, adapt or represent any of our Programs, Products, Services or Program Materials in any way as if they are yours or created by you.

You will not engage in improper and/or unauthorized use of our Programs, Products, Services and Program Materials. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Program Materials or any other information accessed or purchased through our Programs, Products or Services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.


You will not duplicate, share, trade, sell, or otherwise distribute our Programs, Products, Services or Program Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal use or business/commercial use. 


This means you cannot share or sell or any part of our Programs, Products and Services or Program Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money.


You are the only one granted a limited license to use our Program, Product, Service, and Program Materials.

You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Programs, Products, Services or Program Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Program, Product, Service or Program Materials.


You will not reprint or republish any part of our Programs, Products, Services or Program Materials for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.

You will not use our Programs, Products, Services or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.

You may not engage in improper and/or unauthorized use of our Program Materials or any other information related to our Programs, Products, or Services. Unless otherwise explicitly authorized in these Terms of Use, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any Program Materials or any other information accessed or purchased through our Programs, Products or Services or any other communications provided by us to you promoting or relating to the Programs, Products or Services.


You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Programs, Products or Services or Program Materials as set forth in these Terms of Use is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law.


You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.


CONFIDENTIALITY


We respect your privacy and insist that Participant respect Company’s and other Program and Discord Group Participants’ (“Participants”) privacy. Any Confidential Information shared by Participants or any representative of ours is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, or otherwise.


Participant agrees not to use such confidential information in any manner other than in discussion with other Participants during the Program and Discord Group. Confidential information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.


DISCORD COMMUNITY GUIDELINES


Participant understands the Company reserves the right to terminate the Discord Group at any time, with or without notice.

The Facebook Group is a place where everyone should feel welcome, safe, and secure. The purpose of the group is to connect with, share, and inspire others. Negativity, gossip, and cyber bullying will not be tolerated.

Each member should feel safe to share in the group. You may not copy, steal, or share the content, ideas, strategies, or plans of the members in the group without their permission.


You may not contact the other members outside of the group without their permission.

Adding members to your email list without their permission is strictly prohibited.

Failure to adhere to the Terms of Use may result in removal from the Discord Group.


MEDIA RELEASE


By participating in our Programs, Products and Services, and using our Program Materials, including our Discord community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program, Product or Services in our current or future Programs, Products or Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.


When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Programs, Products, Services and/or Program Materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.


You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Programs, Products, Services and/or Program Materials at any time for any reason whatsoever.


NON-DISPARAGEMENT


The parties agree that neither Vica Marketing, LLC nor Participant will engage in any conduct or communications with a third party, public or private, designed to disparage the other.


Neither Participant nor any of Participant’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its Programs, Products, and Services Participants, directors, officers, affiliates, subsidiaries, employees, agents or representatives.


DISCLAIMER


Participant understands that Company is not an agent, lawyer, doctor, manager, therapist, registered dietician, or psychotherapist for Participant. Participant also understands that their participation in the Programs, Products, Services and Discord Group will not guarantee any business or marketing-related results and if they should experience any business-related issues they should see their financial advisor, accountant, attorney, or other business consulting professional as determined by their own judgment.


Participant understands that Company has not promised, shall not be obligated to and will not deliver any guaranteed outcomes as a result of following the recommendations set forth in the Program. Participant should make their own business decisions based on their own personal goals, objectives and desires. The information provided in this Program and Discord Group is not intended as professional legal, financial, medical or business advice and should not be used as a substitute for obtaining such advice from a licensed professional. All information provided is based on the research, knowledge and personal experience of Company and should be followed at Participant’s discretion.


Company makes no representations, warranties or guarantees verbally or in writing. Participant understands that because of the nature of the Program and Discord Group, the results experienced by each Participant may significantly vary. Program and Discord Group information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any Program and Facebook Group materials.

Participant further understands that a relationship does not exist between the parties after the conclusion of this Program and Discord Group. If the Parties decide to continue their relationship, a separate agreement will be entered into.


By purchasing and/or using our Programs, Products, Services or Program Materials in any way or for any reason, you also implicitly agree to our full Disclaimer which may be found on our Website.


EARNINGS DISCLAIMER


EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT OUR PROGRAMS, PRODUCTS, SERVICES AND THE POTENTIAL.

YOUR CONTINUED USE OF THIS SITE IS YOUR EXPRESS ACKNOWLEDGMENT THAT Vica Marketing, LLC HAS NOT GUARANTEED ANY PARTICULAR RESULTS AND THAT ANY REFERENCES TO, OR TESTIMONIALS PROVIDED BY OTHER INDIVIDUALS SHOULD NOT BE CONSTRUED AS AN INDICATION OF GUARANTEED RESULTS FOR YOUR PARTICULAR BUSINESS.


THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE IDEAS AND TECHNIQUES IN THIS PROGRAM. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. THIS PRODUCT IS NOT A “GET RICH SCHEME.”


YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, YOUR BUSINESS, YOUR KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL. NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.

MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN 


IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.


ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE’S, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR THE TEACHING IN OUR MATERIAL.


IT SHOULD BE CLEAR TO YOU THAT BY LAW WE MAKE NO GUARANTEES THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS, STRATEGIES OR SUGGESTIONS PRESENTED ON OUR SITE, AND WE OFFER NO PROFESSIONAL LEGAL, MEDICAL, PSYCHOLOGICAL OR FINANCIAL ADVICE.


INDEMNIFICATION


Participant hereby indemnifies and holds harmless the Company, its officers, directors, employees, contractors, affiliates, agents, successors and assigns from and against any and all claims, liabilities, damages, actions, causes of action, suits, threats, demands, settlements, including all costs and attorney fees related thereto, that the Company may incur and which are based in whole or in part upon the Participant’s participation in the Programs, Products, and Services and any claims that any of the Participant’s trademarks and other intellectual property and proprietary material infringe upon the rights of any third party, the Participant breach of any term, covenants, condition, representation or warranty contained in this Agreement or any policies of participation in the Programs, Products, and Services, or any claim related directly or indirectly to the Participant’s use, operation or the content of Vica Marketing, LLC's website(s). 


Participant shall defend Vica Marketing, LLC in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Participant recognizes and agrees that all of Vica Marketing, LLC members, shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of Vica Marketing, LLC.


LIMITATION OF LIABILITY


Participant agrees that their use of Vica Marketing, LLC's Program and related Discord Group is at their own risk. Participant releases Vica Marketing, LLC [his/her] members, officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from participation in the Program and Discord Group. Participant accepts any and all risks, foreseeable or unforeseeable.


PURCHASES AND ONLINE COMMERCE


If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt.


If you selected the installment payment option, and your card is declined for any installment payment, you will receive an email notifying you of the declined charge and asking you to submit an updated card. Your card may be retried 1 day after the first declined transaction. Your card may be retried additional times in an effort to collect payment.


 If you have not provided a form of payment for a successful charge within 10 days, your access to the Program and Discord Group will be suspended until payment is made; without refund of the installments made.


FAILURE TO PAY


A failure to pay an installment payment related to any of the Services may result in the immediate suspension or termination of all Services. Upon suspension or termination, you will no longer be able to access your account and any Services. To maintain access to your account and all corresponding Services, your account and payments must be current and in good standing for all programs and Services for which you have registered. Pursuant to our Refund Policy, if your account is suspended or terminated for a failure to pay, you will not receive any refund except at our sole discretion and any scheduled automatic renewals will not occur.


Your online access to all program materials is contingent on maintaining good standing in all of our programs for which you have registered. A failure to pay an installment for any program may result in the suspension or termination of your account and access to programs.


If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products and/or Services.


All information obtained during your purchase or transaction for our Programs, Products and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.


You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products, Services, and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.


REFUND POLICY


Due to the nature of the products and services that we offer, including, but not limited to, the time that we will invest in your specific education, we do not offer refunds for any of our products or services.


TERMINATION


This Agreement will take effect (or shall re-take effect) at the time you click “SUBMIT,” “PAY NOW,” “ORDER NOW”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Site, respond to a request for information, begin installing, accessing, or using the Site, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest.


If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Vica Marketing, LLC.


Vica Marketing, LLC is committed to providing all Participants in the Program and Discord Group with a positive Program and Discord Group experience. Participant agrees that Vica Marketing, LLC may, at [his/her] sole discretion, terminate this Agreement, and limit, suspend, or terminate Participant’s participation in the Program and Discord Group without refund if Participant becomes disruptive to Vica Marketing, LLC or Participants, Participant fails to follow the Program and Discord Group guidelines, is difficult to work with, impairs the participation of the other participants in the Program and Discord Group or upon violation of the terms as determined by Vica Marketing, LLC.


All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, will still apply now and in the future, even after termination by you or us.


The Participant shall have the right to terminate this Agreement as of the last business day of the 12th week ("Early Termination Date") after the Effective Date, so long as Participant delivers to Vica Marketing, LLC a written notice ("Termination Notice") of its election to exercise its termination right no less than 1 ( One ) business day in advance of the Early Termination Date complete with proof that: 


(i) the Customer started advertising within 45 (Forty-Five) business days of the execution of this Agreement; (ii) invested a minimum total advertising spend of $300 USD (Five Hundred Dollars) using only the offers recommended by the Vica Marketing, LLC programs, (iii) the stated price for the offers met or exceeded $300 USD (Three Hundred) for the duration of the campaign, (iv) customer did not opt to Pay in Full at the then discounted rate at contract inception, or requests to change payment term to Pay in Full after initial agreement has been executed, and (v) customer has not received a payment push, payment hold, or failed payment during the first twelve (12) weeks of their agreement.


If adequate proof is not provided to Vica Marketing LLC, Participant will remain responsible for any outstanding payments to Vica Marketing, LLC.



RESOLUTION OF DISPUTES


It is hoped that should we ever have any differences, we would be able to work them out amicably through e-mail or phone correspondence. However, should we be unable to meet resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules.

Prior to seeking arbitration, you must send an e-mail to us at branden@vicaagency.com and include all of your reasons for dissatisfaction with your Program.


You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.

By purchasing our Programs, Products or Services you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.

You also agree that should arbitration take place, it will be held in Miami, Florida and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.


CONTACT


Any questions or concerns related to this Agreement should be sent to branden@vicaagency.com