Terms and Conditions
Cause Driven Content
Please read the Terms of Use for the Membership carefully and in their entirety before purchasing and using Cause Driven Content (hereinafter referred to as the “Membership”). The Membership and its content are owned by Branch Out Social LLC.
1. Definitions:
“Company”, “We”, “I”, “Our”, or “Us” means Branch Out Social LLC.
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Membership.
“Membership” means Cause Driven Content
“You”, “Your”, “User” or “Client” means the purchaser and person using the Membership.
2. Consent:
By participating in the Membership, you implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms of Use.
3. DISCLAIMER:
By participating in the Membership, you understand that Josi Garfield is a social media strategist and content creator.
This Membership provides custom social media content and related materials for informational and strategic purposes only. The content is specifically tailored to your needs based on the information you provide, but it is not intended to serve as a substitute for professional legal, financial, or business advice. You should consult with a qualified professional in those areas (legal, financial, accounting, etc.) to address your particular situation before making any decisions based on the content provided.
Although we do our best to create high-quality, custom content that aligns with your brand and objectives, we make no guarantees regarding its effectiveness or the outcomes of your social media strategies. The success of the content depends on a variety of factors outside our control, including how it is implemented and external market conditions, etc. We do not make any representation that all the information is accurate or free of errors at all times. We are not responsible for any errors, omissions, or specific results from the use of this custom content. The use of the content provided in the Membership is at your own discretion and risk. We do not assume any responsibility for accuracy of the Membership’s information, or its safety or efficacy as it applies to you.
4. Assumption of the Risk
You should use your best judgment when applying the custom content provided through the Membership, and any use of this content is done at your own risk. It is your responsibility to assess how the custom content aligns with your business objectives and marketing strategy. You assume full responsibility for any actions, choices, or lack thereof, or results that arise from using the Membership or its custom content. We are not responsible for the success or failure of your social media efforts, as many factors are outside of our control.
5. Intellectual Property Ownership:
A. Custom Content:
Upon monthly payment, all custom social media content created and delivered specifically for you through the Membership, including but not limited to four social media posts per month (two static posts, one carousel with a maximum of 10 slides, and one simple reel up to 15 seconds in length), becomes your property. You have full rights to use, edit, distribute, or reproduce the custom content as you see fit for your business purposes. Branch Out Social LLC retains no ownership rights over the custom content created for you, and you are free to use it on any platforms or media without further permission or limitations.
B. Proprietary Resources:
The Membership may also include access to resources such as templates, frameworks, guides, strategies, and other materials that are not custom-created for individual members. These materials are the intellectual property of Branch Out Social LLC and are provided for your personal use only. You are granted a non-exclusive, non-transferable, revocable license to use these resources solely for your own business purposes during the term of your membership. Any use of the Company’s intellectual property may not be used in connection with the sale or distribution of any product, program, and/or service by you, directly or indirectly, without the prior written consent of Branch Out Social LLC.
Misappropriation or unauthorized use of the Company’s intellectual property and/or trade secrets may result in the enforcement of an infringement and/or intellectual property theft action against you in an effort to recover damages and/or protect our intellectual property rights. The Company reserves the right to pursue an action for misappropriation, theft, or improper use of its intellectual property by the Purchaser, the Purchaser’s representatives, assigns, contractors, employees, or acquaintances.
6. No Sharing:
You cannot distribute, copy, forward, and/or share the Membership or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.
You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Membership, you will be removed from the Membership immediately and no refund will be issued.
7. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her/their circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
We don’t make any assurances as to any particular financial-based outcome based on the use of or participation in the Membership. We are not responsible for the success or failure of your business, business decisions, income, sales, or any other result of any kind that you may have as a result of your participation in the Membership.
8. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Membership in any way including, but not limited to, your future income, sales, potential, profitability, or losses derived as a result of your use of the Membership. The Membership is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Membership.
9. Your Release of Us, Indemnification, Hold Harmless:
To the fullest extent permitted by law, Branch Out Social LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Membership, its materials, our website, or any other information obtained by you from us. By enrolling in the Membership, you hereby agree to this limitation of liability and release Branch Out Social LLC from any and all claims.
By participating in and/or purchasing the Membership, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Branch Out Social LLC, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Membership and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.
By enrolling in the Membership, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Branch Out Social LLC as stated in this section herein.
10. Our Refund Policy:
NO REFUNDS:
We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the downloadable nature of the Membership, refunds will not be issued for the Membership once it is purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Josi Garfield at josi@branchout-social.com
NO CHARGEBACKS:
The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the Membership. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.
11. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Membership, please contact us directly first by emailing Josi Garfield at josi@branchout-social.com.
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Josi Garfield + Branch Out Social LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 25 miles of Salt Lake City, Utah.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Utah. The only award that can be issued to you is a refund of any payment made to Branch Out Social LLC for the applicable Membership. You are not permitted to seek additional damages, including consequential or punitive damages.
12. Limitation of Liability:
Josi Garfield + Branch Out Social LLC are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Membership. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Membership or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
13. PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS
A. General Payment Terms:
When you pay for the Membership by credit or debit card, you authorize and give permission to Branch Out Social LLC to charge your credit or debit card automatically every month for the recurring Membership fee. When you purchase the Membership, your information (i.e., credit card and contact info) may be collected by the third-party merchant Stripe (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different from ours. Branch Out Social LLC is not responsible for the merchant’s independent policies or practices.
B. Automatic Payment Terms / Failed Payment Procedures:
By joining the Membership, you are hereby consenting to your credit card being automatically charged every 30 days for the ongoing monthly Membership fee.
You hereby authorize and give permission to Branch Out Social LLC to automatically charge your credit card, debit card, or bank account, as payment for the Membership, for which you will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization from you.
We will not contact you to seek any additional authorization, approval, or permission before charging your card each month for the Membership fee.
You agree and understand that ALL monthly payments are owed in full. There are no exceptions. No refund requests or stop payments will be granted or accepted.
C. Failed Payment Plan Payments / Re-charge procedures:
If your payment-plan payment fails on the 1st attempt:
In the event that your Membership payment is not successfully made on your due date, your credit card will automatically be re-charged after a 2-day grace period to make your payment for the Membership.
If your card was accidentally not updated or available to be processed at the time we attempted the initial charge, you’ll have that 2-day grace period to update your card information without any penalty or losing access to the Membership.
After 2nd failed payment:
Your access to the Membership will be temporarily suspended and you will not be able to access the Membership at all until you successfully complete your payment. We will attempt to re-charge your credit card in 5-days.
After 3rd failed payment:
Your access will still be suspended, pending your successful completion of your owed payment. In 2-days, we’ll attempt to charge your card.
4th and final attempt to make payment:
The 4th attempt is the final attempt to collect your payment before the matter is forwarded to collections. If the 4th payment fails, you will be permanently removed from the Membership and no refund will be given.
By subscribing to the automatic monthly payment option, you consent to being responsible for ALL monthly payments owed under the Membership terms.
14. Severability
The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
15. Entire Agreement
These Terms of Use contain the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.
16. Choice of Law + Venue
These Terms of Use shall be governed by the laws of the state of Utah. Any action brought by any party arising out of or from these Terms shall be brought within the Utah, County of Salt Lake.
By purchasing and/or participating in the Membership, you implicitly signify your agreement to all of the terms in these Terms of Use.
If you have any questions about the Terms of Use, please contact Josi Garfield at josi@branchout-social.com. Thank you.