Trevor McHaffie Marketing TERMS AND CONDITIONS
Last Updated: May 25, 2018
Thank you for visiting one of our websites. Please read and agree to the following Terms And Conditions before you proceed.
Trevor McHaffie Marketing (“ we ”, “us”, “ours”) is a software development and Internet marketing company that operates various websites. The following are our Terms And Conditions of Use for for all Trevor McHaffie Marketing websites indicated below and referred to herein as “Website, or “Websites”.
These Terms And Conditions also apply to the Websites’ related services including affiliate program, all accessible, viewable and downloadable tools, software, WordPress plugins and content including use of our support messaging system. All of these things are collectively referred to as “Services” or “Product”, or “Products”.
Due to the varying purpose and operating nature of some of our websites the Terms And Conditions listed below may point out certain exceptions for specific Trevor McHaffie Marketing Websites. If you want to use any Trevor McHaffie Marketing website, you must agree to conform to and be legally bound by these Terms And Conditions.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE ANY OF OUR WEBSITES.
We do not provide services or sell Products to children. If you are below the age of 18, you may not use our Websites or purchase any Trevor McHaffie Marketing Products. If you are a minor, please do not provide us or other website visitors with any personal information.
5. ANTI-SPAM POLICY IS PART OF THESE TERMS AND CONDITIONS
Our Anti-Spam policy is part of, and subject to, these Terms And Conditions Of Use. You may view our anti-Spam policy on this webpage.
8. DMCA POLICY IS PART OF THESE TERMS AND CONDITIONS
Our DMCA Policy is part of, and subject to, these Terms And Conditions Of Use. You may view our DMCA Policy on this webpage.
9. EARNINGS DISCLAIMER IS PART OF THESE TERMS AND CONDITIONS
Earnings Disclaimer is part of, and subject to, these Terms And Conditions Of Use. You may view our Earnings Disclaimer on this webpage.
10. EXTERNAL LINKS POLICY IS PART OF THESE TERMS AND CONDITIONS
External Links Policy is part of, and subject to, these Terms And Conditions Of Use. You may view our External Links Policy on this webpage.
11. GDPR NOTICE IS PART OF THESE TERMS AND CONDITIONS
Our GDPR Notice is part of, and subject to, these Terms And Conditions Of Use. You may view our GDPR Notice on this webpage.
12. AFFILIATE AGREEMENT IS PART OF THESE TERMS AND CONDITIONS
Our Affiliate Agreement part of, and subject to, these Terms And Conditions Of Use. You may view our Affiliate Agreement on this webpage.
13. MODIFICATIONS AND TERMINATIONS
Trevor McHaffie Marketing reserves the right to make changes to these Terms And Conditions at any time, and will post any revised Terms And Conditions on this page. You will know we have changed the Terms And Conditions when you see a new updated date at the top of this Terms And Conditions. HLS will not notify the Services’ users of any such changes by email or other personal contact. We encourage you to check the date of this Policy whenever you visit our Website’s or use the Services so that you will know when you need to review the Terms And Conditions for modifications.
We may terminate these Terms And Conditions Of Use for any reason and at any time without notice to you.
If you are concerned about these Terms And Conditions Of Use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to [email protected], and providing us with information relating to your concern.
14. LICENSEE STATUS
“You” means the person or company who is being licensed to use Trevor McHaffie Marketing Websites and Services. You understand and agree that your use of our website is limited and non-exclusive as a revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.
As it pertains to our Services, we hereby grant you a nonexclusive license to use the software on any web host, provided the software is in use only for your own business use, you are not granted permission to use our software on any sites belonging to clients or on any websites or domains not owned and operated by you unless you have purchased an additional license from us with specifically permits you to do so. The Software is “in use” on a web host when it is installed via the installation process or any of or all of its files are uploaded via FTP to a web host.
15. TERM AND TERMINATION
This license agreement takes effect upon your use of the Services and remains effective until terminated. You may terminate it at any time by destroying all copies of the Services and in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Services in your possession.
You understand that breach of any of the terms listed here are grounds for immediate termination of your account and forfeiture of any licenses without refund or recourse.
16. CONTENT OWNERSHIP
All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.
You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail to [email protected]
If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by following the instructions outlined in our DMCA policy section of this webpage.
17. ARCHIVAL OR BACK UP COPIES
You are not permitted to make copies of our Websites or Services. Our material is copyrighted. The Software and its documentation are protected by international copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material-for example, a book.
With regard to the Services and specifically, when it comes Trevor McHaffie Marketing Software and WordPress plugins you may not:
Copy the Software or its documentation,
Modify or adapt the Software or merge it into another program in any way,
Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the Software,
Place the Software onto a server so that it is accessible via a public network such as the Internet,
Sublicense, rent, lease or lend any portion of the Software or Documentation.
Share login details for the software to others (you are granted to share your logins with Virtual assistants provided they are working on your behalf and you accept liability for their actions)
Allow client access to the software.
Use the software to host client material (videos or audio) If you wish use the software for client files then you will need to purchase a new copy for each individual client.
Allow multiple people to use your installation (this includes but is not limited to use on any WordPress Multiuser/MU installations)
Share or distribute any licence files or license keys listed within your account (these are strictly for your own personal use – unless you have purchased a special license from us which specifically states otherwise)
With regard to the Services and specifically, when it comes Trevor McHaffie Marketing membership websites and all password protected content you may not:
Download the Services for the purpose of distribution.
Republish, share or redistribute the Services. (this includes digital and all other forms of transfer)
Place the Services onto a server so that it is accessible via a public network such as the Internet
Sublicense, rent, lease or lend any portion of the Services,
Share login details for our Websites to others (you are granted to share your logins with Virtual assistants provided they are working on your behalf and you accept liability for their actions)
Allow client access to the Services.
You may transfer all your rights to use the Services, to another person or legal entity provided you transfer this Agreement, the Services, to such person or entity and that you retain no copies, including copies stored on computer or web hosting. (You may do this once. After this you will need to purchase another copy)
The Services contain trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SERVICES, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
20. DISCLAIMERS AND LIMITATIONS OF LIABILITY
The information on our Website is provided on an ”as is,” ”as available” basis. You agree that your use of our Websites is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our Websites will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.
Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using our Websites and our Services.
Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our Websites or our Services, your use of our Websites or our Services, or the content, even if advised of the possibility of such damages.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE OUR WEBSITES AND SERVICES (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
21. OBSCENE AND OFFENSIVE CONTENT
We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail at [email protected] so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website. Trevor McHaffie Marketing reserves the right to determine what is offensive or obscene on our Websites. If the content we produce or publish offends you please do not use our Websites.
22. REFUND POLICY (3 PARTS)
PART 1 – Limited Time Period
Although we always endeavour to offer a high quality product, we understand that there are circumstances where you may require a refund. With exception of the three Products identified below we offer a 30 day period to request a refund starting from (including) day of purchase during which you can request a refund and this will be processed for you. Please note that if you refund, all rights to use the Websites, and Services will be revoked, and you must remove all Trevor McHaffie Marketing Services material from your websites and computers on which it was installed. We reserve the right to decline a refund if the client does not adhere to these conditions.
PART 2 – Submitting A Request
Refund requests must be submitted at our help desk in order to be processed correctly. NO OTHER COMMUNICATION METHOD WILL BE ACCEPTABLE FOR A REFUND REQUEST OTHER THAN A HELP DESK TICKET. You can submit your ticket at www.TrevorMcHaffie.com/support
Refund requests must include the following information to be processed:
(1) your full name, (2) your login username for the Product site, and (3) a copy of your complete receipt, the one that shows, among other things, a transaction date, the name of the product purchased, and transaction ID
We must see your receipt not the PayPal receipt. All refunds MUST be processed inside of affiliate networks not PayPal.
PART 3 – Exclusions
Please note, our refund policy only applies to the first time you purchase our Product. Second time purchases will not be permitted the same rights to refund. We understand that sometimes the timing may not be right when you purchase our product and you may return to purchase later, but please be aware second purchase refund requests will not be permitted. This is to protect our product and ourselves from individuals who may take advantage of our refund policy.
Please note that we offer recurring monthly payments on some of our continuity Products like Viral Lead Machine, etc. Those recurring payments can be cancelled at anytime by submitting a ticket and requesting a cancellation. Recurring payments do not qualify for a refund after 30 days from the original purchase date. You will NOT be granted access to content from previous months if you cancel your subscription or default on payment – content is provided on an “as-is” basis and you must have an active subscription at any time to access the Services.
Please note we DO NOT offer refunds on the following Products:
Instant Launch Formula
ANY PERSONAL COACHING/MENTORING PROGRAMS
23. CHARGEBACKS AND PAYMENTS
Client permanently and irrevocably waives any and all right to enact a ‘chargeback’ (that is, a disputed, reversed or contested charge with the applicable bank, credit card or charge card) against these payments for any reason whatsoever against Trevor McHaffie Marketing.
Any chargeback processed against charges for Trevor McHaffie Marketing will result in full and complete cancellation of all Trevor McHaffie Marketing Services, licenses and accounts due to the significant costs involved in administration for managing chargebacks.
We are happy to refund a purchase of our Products (excluding the three Product exceptions listed above) within the first 30 days of purchase.
To receive a commission for referring customers to any of Trevor McHaffie Marketing Website you must be approved as an affiliate. See the Affiliate Agreement section of this web page.
We may chose to put your commissions on “Delayed” release status in affiliate programs if you have little or no sales history and/or a high refund history. This decision is at our own discretion and can be changed by us at any time. This protects everyone because refunds and chargebacks would otherwise be taken out of your PayPal account and affect your standing so we want to protect you from this.
25. UPDATES AND SUPPORT
All Trevor McHaffie Marketing Products and Services include 1 year of support and updates, we call this a “Support And Updates License”. This entitles you to 1 year of support via our helpdesk, as well as 1 year of updates to the Website and Services (this includes new features, bug fixes and compatibility updates). Your Support And Updates License does not include any add-on Products we may release in the affiliate marketplaces or through other marketing channels. After your 1 year Support And Updates License expires, you can renew your Support And Updates License for a fee.
26. SUPPORT PROVISIONS
Support will only be provided to users who have an active Support And Updates License (see above)
Support is provided via our helpdesk only. We do not do support through email or through any social media sites because those methods do not allow us to properly assign your request to the appropriate team member and track their progress. Support requests must be submitted via our helpdesk at www.trevormchaffie.com/support
For technical support queries, our team may request administrator login details for your WordPress site where our Products or Services are being used. Any details submitted to us are only accessible to our team and would never be shared outside of our business. We recommend creating a separate Administrator login account for our access which you are free to remove at any time. We regret that where details are not provided, we may not be able to provide solutions to technical support issues.
You understand and agree that you will indemnify, defend and hold Trevor McHaffie Marketing and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our Websites and Services or your violation of these terms and conditions.
28. COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION
You agree to obey all applicable laws while using our Websites and Services
You agree that the laws of the Province of Ontario govern these Terms And Conditions Of Use without regard to conflicts of laws provisions.
You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per commercial arbitration rules. All claims must arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Durham Region, Ontario, Canada. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
29. SEVERABILITY OF THESE TERMS AND CONDITIONS
If any part of these Terms And Conditions Of Use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
30. HOW TO CONTACT US
Any questions or concerns about these Terms And Conditions Of Use should be brought to our attention by e-mail to [email protected] and providing us with information relating to your concern.
31. ENTIRE AGREEMENT
These Terms And Conditions, including the policies incorporated herein by express reference, constitutes your entire agreement with us with respect to your use of all of our Websites and Services.
32. TRADEMARK POLICY
Permission from Trevor McHaffie Marketing is required to use the Products name or logo as part of any project, product, service, domain or company name.
We may grant permission to use the Products name and logo for projects on an individual basis – you must contact us to discuss your potential use of our name or logo.
Our affiliate partners / members of our partner program are granted non-exclusive rights to use our name as part of their marketing, but domains must not include Trevor McHaffie Marketing or our Product name in any format.
Our Products logo may be on websites promoting our product or related services, but should not be used in the header or logo sections of your website, or as any kind of branding for your website or page. It must be clear that your websites are not part-of or endorsed by our company in any way.
We do not allow the use of the trademark in advertising, including AdSense/AdWords.
When in doubt about your use of our Product name or logo, please contact us for clarification.