Terms and Conditions – SBO Membership

The following terms (“Terms of Use”) constitute an agreement between simply B organized LLC, a Pennsylvania limited liability company (“SBO”), and the purchaser (“You”) of a membership in SBO’s Professional Organizing Referral Network (the “Network”) that governs Your participation in the Network. You agree to abide by the Terms of Use as a condition of Your participation in the Network.

Your purchase of the Network constitutes Your acceptance of, and agreement to the following Terms of Use. SBO reserves the right to modify, alter, amend or update its Network, policies and these Terms of Use. These Terms of Use are subject to change without notice. If You do not agree with or do not accept any part of these Terms of Use, You should not purchase a membership in the Network.

Disclaimer

You understand that a professional or consulting relationship does not exist between You and SBO outside of the purchase of a membership in the Network. A separate agreement is necessary to retain SBO for consulting purposes. There is no guarantee that You will see positive results to Your business, including, but not limited to, any new clients or media coverage, by joining the Network. SBO assumes no management responsibility for Your decisions or for policies or practices that You implement. Any statements related to income or earnings potential, regardless of medium, are examples of what may be possible in the future. SBO makes no guarantees regarding results, present or future. SBO is not responsible for Your earnings, income, sales, or any other business performance as a result of this Agreement.

Your Responsibility

The Network was developed strictly for networking and promotional purposes. You understand and agree that You are fully responsible for Your participation, progress, and results from the Network. SBO makes no representations, warranties or guarantees. You understand that results may vary from person to person. You understand that SBO is not responsible for Your results or any expenses that You may incur as a result of Your purchase. SBO assumes no responsibility for errors or omissions that may appear in the Network. If any of Your information appears incorrectly in the Network, it is Your responsibility to notify SBO at info@simplyborganized.com and request a correction.

Purchase Policies

Membership in the Network is upon invitation only after You complete the application at https://goo.gl/forms/zOXu6HNFB7s7XaH43. Upon review, SBO will notify You of the status of Your application within 10 business days. Only members explicitly accepted by SBO for membership in the Network are permitted to purchase a membership in the Network. If you are accepted and purchase a membership, You are purchasing a 12-month membership in the Network. You may purchase one of two tiers in The Network, Preferred Membership and Premier Membership.

With the Preferred Membership, You will receive links to your company and social media channels listed on the Network website, territory exclusivity within your geographic region for the duration of your membership (some restrictions apply and you will notified of such restrictions upon your acceptance into the Network), upon notification to SBO, SBO will share on its social channels upcoming events, articles or happenings that You are promoting up to two times each month, access to the Network’s private Facebook group, exposure to the SBO audience and opportunities to submit guest blog posts on the SBO Website.

With the Premier Membership, You will receive Links to your company and social media channels listed on the Network website, territory exclusivity within your geographic region for the duration of your membership (some restrictions apply and you will notified of such restrictions upon your acceptance into the Network), upon notification to SBO, SBO will share on its social channels upcoming events, articles or happenings that You are promoting up to two times each month, access to Network’s private Facebook group, exposure to the SBO audience, opportunities to submit guest blog posts on the SBO Website, access to quarterly webinars exclusive to our Premier members, and one guest spot on our podcast, This ORGANIZED Life.

Refund and Cancellation Policy

Your purchase is non-refundable and You are responsible for payment of all fees. You may not cancel this Agreement during the 12-month period in which you have enrolled. SBO reserves the right, in its sole discretion, to cancel this Agreement and your enrollment in the Network for any reason. Should SBO cancel this Agreement and remove your information from the Network, SBO will issue a pro rata refund for the months remaining on this Agreement.

Renewal

At the end of each 12-month membership term, Your membership in the Network will automatically renew at the rate SBO is charging at the time of renewal. If do you not wish to renew your membership, please contact SBO thirty (30) days prior to the end of the term at info@simplyborganized.com to inform SBO of your intent not to renew.

Confidentiality& Privacy

Any confidential information (“Confidential Information”) shared by SBO or any SBO representative is confidential, proprietary, and belongs solely and exclusively to SBO. You agree not to disclose, reveal or make use of any Confidential Information. 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. You will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. You agree not to violate the Company’s publicity or privacy rights. Furthermore You will NOT reveal any information to a third party obtained in connection with this Agreement. Further, by purchasing a membership in the Network. You agree that if You violate or display any likelihood of violating this Agreement the Company and/or the other Network participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

Intellectual Property
All original materials provided by SBO as part of the Network are owned by SBO. Any original materials are provided for Your individual use only. You are not authorized to use or transfer any of SBO’s intellectual property. All intellectual property remains the property of SBO. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. SBO will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations. SBO retains the right to sell, distribute, reproduce, prepare a derivative work, display or perform the Network.

Certain of the names, logos, and other materials displayed in the Network constitute SBO’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“SBO IP”). You are not authorized to use any SBO IP without SBO’s express consent. Ownership of SBO IP remains with SBO and You agree not to make any claims or assertions of any other party’s ownership of SBO IP.

Professional Organizing Referral Network Terms and simply B organizedare trademarks of SBO and are protected by United States trademark law. SBO’s trademarks and trade dress may not be used in connection with any product or service that is not SBO’s, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits SBO.

Likeness and Biographical Release

You grant SBO the right to use Your image, visual likeness, portrait, photograph, video and sound recordings (collectively referred to as “Likeness”) in all forms of media. You grant SBO the right to use Your biographical information (“Biographical Information”), including, but not limited to name, age, location, and other personal information conveyed to SBO. Such Likeness and Biographical Information will be used in the Network, edited and unedited, any subsequent uses or sales of the Network, any derivative works made from the Network and in connection with promotion and/or marketing for the Network and SBO (the “Material”).

You and SBO agree to only use the Your Likeness and Biographical Information in connection with the above uses and for no other purpose or purposes without Your prior written consent.

You represent and warrants that You have the right to grant SBO the above-mentioned rights without obtaining the permission of, or making any payments to, any third party or entity. This authorization and release shall inure to the benefit of the legal representatives, licensees and assigns of SBO. You hereby releases SBO from, and agrees not to sue for, any claim or cause of action, whether known or unknown, for libel, slander, invasion of right of privacy, publicity or personality, or any other claim or cause of action, based upon or relating to the use of the Material or the exercise of any of the rights referred to herein. You agree to indemnify and hold harmless SBO, and their officers, directors, shareholders and employees, from and against any liabilities, losses, claims, demands, costs (including, without limitation, attorneys’ fees) and expenses arising in connection with any breach or alleged breach of any of the above representations, warranties or agreement in this section.

You acknowledge that, in the event of any breach by SBO or any third party, the damage, if any, caused will not be irreparable or otherwise sufficient to entitle You to seek injunctive or other equitable relief. Your rights and remedies will be strictly limited to the right, if any, to recover damages in an action at law, and You will have neither the right to rescind or terminate this agreement or any of SBO’s rights hereunder, nor the right to enjoin the production, exhibition, or other exploitation of the Material.

Equitable Relief.

You acknowledge and agree that in the event of certain breaches of the Terms of Service, SBOmay suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, You agree that SBO shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.

Communication – Electronic Notice

You consent to receive communications from SBO electronically. You agree that all legal notices provided via electronic means from SBO satisfy any requirement for written notice.

Third Parties

The Network offers resources that may contain links to third-party websites that are not governed or controlled by SBO. You represent and warrant that You have read and agree to be bound by all applicable Terms of Use and policies for any third-party websites. SBO assumes no control or liability over the content of any third-party sites. You expressly hold harmless SBO from any and all liability related to Your use of a third-party website.

Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Network, You must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked in the Network, You expressly hold SBO harmless from any and all liability in any dispute.

No Warranties

The Network is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose. SBO makes no representations or warranties in relation to the Network or the information and materials provided therein.

SBO makes no warranty the Network will meet Your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Network.

Limitation of Liability

WITH THE EXCEPTION OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SBO WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to defend, indemnify and hold SBO, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which SBO suffers as a result of third-party claims based on: (i) Your negligence or intentional misconduct, (ii) Your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by You including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, Your obligations hereunder.

Miscellaneous

The Terms of Use will be governed and construed in accordance with the laws of the State of Pennsylvania. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near New Hope, Pennsylvania. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such aprovision shall be limited or reduced in scope so as to be enforceable. The Terms of Use may not be assigned by You without SBO’s prior written consent, however, the Terms of Use may be assigned by SBO in its sole discretion. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Network offered by SBO. SBO reserves the right to amend, alter, or modify the Terms of Use at any time. Any rights or obligations contained herein that by their nature should survive termination of the Agreement shall survive, including, but not limited to representations, warranties, intellectual property rights, indemnity obligations, and confidentiality obligations. Any failure of either party to enforce any provision of this Agreement, or any right or remedy provided for therein, shall not be construed as a waiver, estoppel with respect to, or limitation of that party’s right to subsequently enforce and compel strict compliance or assertion of a remedy. All notices with respect to the Terms of Use must be in writing and may be via email to info@simplyborganized.com for SBO and to Your email address.

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