Terms & Conditions
Last updated: May 1, 2020
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using, accessing, or purchasing any of the content on octobersocialmedia.com or any October Social Media platforms, and applicable portals owned, operated or administered by October Social Media, LLC (together with the website, such access any appurtenant social media services as it pertains to social media management, social media training, and/or social media or marketing consulting constitute the “Service”), your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. By accessing or using the Service you agree to bound by these Terms. If you disagree with any part of the terms we strongly recommend that you leave this website and not access any of this information.
Modifying or Changing Terms and Conditions
The company reserves the right to modify these Terms and Conditions at any time without prior notice, so we encourage you to visit this page regularly. We reserve the right to change or terminate any feature or service; we may restrict your access to some portions of the website in the event we find that you are engaging in an activity that is inappropriate or in violation of these terms and conditions. You are not permitted to engage in any illegal activity either with or to the website.
Use of Website and Service
As a user of this website or a user/registrant of any of this website’s services, you agree:
1. Personal Use – Your account is solely for your own, personal use. You may not allow others to access or use your account. You may not transfer your account to any other person. You agree that we, as the owners of this website, are not responsible for third party access to your account that in any way results in theft or illegal usage, storage, or sale of your personal information.
2. Reporting of Violations – You will immediately contact us when you see (i) any possible violation of the Agreement by anyone, and (ii) any unauthorized access to your account, whether known or not.
3. Content Removal– Any information or content you submit to the Services or in the public area will be available to us for monitoring. We keep the right to remove any information that in any way violates any possible law of the Services or any third party.
4. No False Information – You agree that every content or information you provide will not be inaccurate, false, or misleading. Neither to us nor to any user. If any information or content becomes as such, you will quickly contact us of the change that happened.
5. No Advertising or Commercial Solicitation – Our messaging systems automatically scan all incoming [email and other] messages and filter out messages that may appear to be spam. We may also report any incoming email as spam. This can result in IP addresses and domain names being blacklisted. Users may not use our messaging facility or any of our other services to store, copy, relay, send or distribute spam. You must not send any chain letters, spam or junk email to other users of the Services. Furthermore, you agree that the information that you get from the Services will not be used by you in means of selling, advertising and such until the approval of the other user. By agreeing with this you acknowledge the fact that any breach of the terms will cause significant damages to us, that such damage will be hard to assess, and that we may take any action we deem necessary as outlined within these Terms of Service in order to enforce this policy – and that you disclaim any loss as a result of such enforcement.
6. No Harassment of Employees or Agents – You agree that you will not harass, pressure, or threaten any agents or employees that are responsible for providing the Services to you.
7. No Refunds for Information Products – Due to the inherent irrevocability of the transmission of knowledge, refunds will not be rendered for any information products purchased through octobersocialmedia.com, regardless of your financial situation, viewing of the information product, following of the advice contained therein, or of any other factor. Though October Social Media, LLC strongly believes in the value of the advice found within its information products, results are not guaranteed. October Social Media, LLC disclaims any express or implied warranties.
8. Refund Policy on Social Media Services and/or Live Trainings - Refund policies are as outlined in OSM’s Contract of Services between OSM and Client.
9. Refund Policy on 1:1 Consulting Services - Due to the nature of a consulting session and the exchange and transmission of advice and/or directives given refunds will not be rendered for any 1:1 or Team Consulting Sessions. However, if multiple sessions have been purchased up front and the Client has requested a refund after the first session, the Client will be refunded 50% of the total consulting fees for sessions not yet executed with the exception of the fee for the first session.
We reserve the right to withdraw or change website features at any time and by any means without prior notice. This may result or be resultant from a mistake, malware, technical issue, glitches, fraudulence, illegal involvement, tampering, or any other reason that interferes with or prohibits the appropriate conduct of this website, company, or campaigns. However, October Social Media, LLC will not be held liable for these issues or any and all damages they may cause. We reserve the right to change the pricing structure on any product we choose, at any time, and without prior warning.
You acknowledge that all the emails, phone number, credit card, and other information you provide us belongs to you and you are not using fake information.
User Conduct for Website and OSM’s Social Media Channels
When purchasing a product or posting anything on our social media accounts, or visiting any page, you will NOT:
- Disclose any confidential information about other users without their permission Engage in any kind of offensive behavior (pornography, racism, abusiveness, harassment, etc.)
- Forward chain letters using our website
- Use a picture that does not belong to you. You are not permitted to impersonate anyone.
- Infringe any third party’s rights
- Upload any malicious software, virus, etc that could disrupt the working of system tools, servers, networks
- Try to sell other users’ information to third parties
- Try to access our services through automated robots, or conduct attacks such as Denial of Service
- Promote products/services on our website
OSM reserves the right to hide, delete, and/or respond to comments that are in violation of User Conduct above and the overall Terms and Conditions. In turn, October Social Media also reserves the right to unfollow, block and/or mute any users at any time who we deem are in violation of User Conduct above and the overall Terms and Conditions without prior notice.
Trademarks and Copyright Ownership
All data and content, in any form, contained by or offered through the website and all intellectual property rights relating to said content are the sole property of October Social Media, LLC. This includes all information, content, photographs, articles, text, video, images, functions, or other content. You acknowledge and agree that this content is protected by copyrights, trademarks, trade secrets, or other proprietary rights and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and October Social Media, LLC owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. Users may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the US copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce or distribute in any way Content protected by copyright, or other proprietary rights, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, the use of any software Content shall be governed by the software license agreement accompanying such software.
This website itself or any section of this website may not be duplicated, sold, reproduced, copied, resold, visited, or otherwise used for commercial purposes excluding the possession of express written consent from the website or company owner(s). You may not utilize “hidden text”, hereafter defined as being of the same purpose as metatags, without the company’s express written consent. Any unauthorized use of hidden text terminates any license granted by the company and associated companies and voids these Terms and Conditions. You may be prosecuted for such actions.
Creating Accounts and Managing Passwords
Where applicable, you may have to create an account on our website in order to purchase goods or services. We are not responsible for the username and password details of you or others. Please do not share your login information with anyone else. In case you forget your password, you can use the “forgot password” option in the sign-in section of our website.
Minimum Age: To purchase the goods or services of this website, you must be 18 years of age or older. By using this website and/or purchasing our monthly subscription, you agree that you are at least 18 years of age or older. In the event that you are under the age of 18, you must have the express permission of your parent or legal guardian prior to purchasing any goods or services.
By filling out our Contact Us form or Signing Up for our Newsletter, you agree to receive marketing or promotional materials and other information from October Social Media. However, you may opt-out of receiving any, or all of this communications from us by following the unsubscribe link or instructions provided in any email we send.
Products and Services
All the products or services made available on this website are intended solely for business and client use. You may not transfer, re-sell, assign, or dispose of any service without the prior written consent of the company. We reserve the right to cancel any services if it appears that it is of a fraudulent or inappropriate nature. Prices, promotions, and campaigns are subject to change without prior notice.
You agree to defend, indemnify, and hold harmless the company and any associated companies and their associates from and against all liabilities, damages, and costs resulting from the violation of these terms and conditions. This wrongful or negligent conduct, whether conducted by yourself or any other person accessing the website using your information, will be assumed to have been conducted by you and is in no way reflective upon or liable to the website or its company.
We do not guarantee any measure of the accuracy of our content and information on our website or any associated social media platforms. We do not guarantee the accuracy for any warranties, liability, or any other damages caused by a violation of this agreement.
Any form of warranty posted on any terms or through any medium which might be implied by law. Any form of liability attached to any loss or damages from using our website. Said loss or damages have no limitations and result from the posts of other users, by using our website, or any hyperlinks or advertisements that are in any way associated with our website. They can include:
- Data loss
- Monetary loss
- Contract loss
- Company loss
- Information breach
- Income loss
THE OCTOBERSOCIALMEDIA.COM WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, OCTOBER SOCIAL MEDIA, LLC. DISCLAIMS ALL IMPLIED WARRANTIES.
WITHOUT LIMITING THE FOREGOING, OCTOBER SOCIAL MEDIA. MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE OCTOBERSOCIALMEDIA.COM WEB SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE OCTOBERSOCIALMEDIA.COM WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE OCTOBERSOCIALMEDIA.COM WEB SITE; OR (IV) THAT THE OCTOBERSOCIALMEDIA.COM WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF OCTOBERSOCIALMEDIA.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OCTOBERSOCIALMEDIA.COM DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE OCTOBERSOCIALMEDIA.COM WEB SITE OR ANY RELATED SERVICES. THE OPERATION OF THE OCTOBERSOCIALMEDIA.COM WEB SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF OCTOBER SOCIAL MEDIA, LLC.
UNDER NO CIRCUMSTANCES SHALL OCTOBER SOCIAL MEDIA, LLC BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE OCTOBERSOCIALMEDIA.COM WEB SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE OCTOBERSOCIALMEDIA.COM WEB SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OCTOBERSOCIALMEDIA.COM’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE OCTOBERSOCIALMEDIA.COM WEB SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHT
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of October Social Media, LLC and its licensors. The Services are protected by copyright, trademark and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of October Social Media, LLC.
These Terms shall be governed and constructed in accordance with the law of Georgia, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provision of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Termination of Usage
We may suspend or terminate any user’s access to all or any part of the octobersocialmedia.com website including any account thereon, without notice, for any reason in our sole discretion.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.