EFFECTIVE DATE: August 2023
Section 1. OVERVIEW
Thank you for visiting our website. The terms “we,” “us” and “our” refer to, Michaela Anderson. The terms “website” or “site” refers to 90daycampaigns.com. The terms “user,” “users,” “you,” and “your” refer to website visitors and customers, whether personal or business entities, and include, but are not limited to, business entities’ agents, representatives, contractors, affiliates, and employees.
Section 2. TERM
This Agreement shall be effective immediately upon visiting, using or interacting with (collectively referred to as “using” or “visiting”) our website. By using our website, the user accepts to be bound by the terms included herein and shall remain effective so long as the user avails itself of the website’s Services.
We may change or amend this Agreement at any time. Any changes to this Agreement will be posted on our website and will be effective when published unless otherwise stated. If you use our website or Services after the effective date of any changes, then you agree to comply with the changes and the entire Agreement.
Section 3. APPLICABILITY
To use or access our website and Services, you must be eighteen years or older than the age of majority, and must have the ability to enter into this Agreement.
Section 4. USE FOR LAWFUL PURPOSES ONLY
All users and visitors must use this website and its Services for lawful purposes only. You hereby agree to use our website, content, products, and other Services for legitimate and non-commercial purposes only. You shall not transmit any material through our website which violates or infringes the rights of us or others, or material that is threatening, abusive, defamatory, profane, obscene, invasive, or which encourages criminal or illegal conduct or that would give rise to civil liability or otherwise violate any law.
Section 5. DISCLAIMERS, WARRANTIES, AND LIABILITY
A. Educational and Informational Purposes Only
All of the information provided on our website and contained in our products, whether for purchase or not, is for educational and informational purposes only. Nothing on our website claims to guarantee accurate, complete, reliable or up-to-date information.
B. Warranties & Guarantees
We strive to provide the most accurate information possible. However, we cannot ensure that our content is completely free from error or that it is timeless. As such, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness, lack of errors, or fitness for particular purposes of any of the content or materials contained within and placed on our website, products, or other publications. To the maximum extent of the law, we provide our website and Services “as is” without any warranties, representations, or guarantees, whether express, implied, or otherwise.
C. Earnings & Results
We make no guarantee of any kind regarding the potential income or results that can be generated through the use of our Services, products or website. From time to time, we may publish testimonials from clients - however, please keep in mind that past results are not an indication or promise of your results.
D. Affiliate Programs
We reserve the right to link to products or services for which we earn a commission, affiliate fee, or referral fee (all of which are interchangeable and mean the same thing for purposes of this Agreement). We will take reasonable measures to ensure that all affiliate links are labeled and disclaimed conspicuously.
E. Limitation of Liability
To the fullest extent permitted by applicable laws, we disclaim liability for any injuries, losses, or damages of whatever nature arising from the following, either directly, indirectly or consequentially: loss of use, loss of data, damage by Virus, loss or damage to property, claims of third-parties.
Section 6. SECURITY & INDEMNIFICATION
In order to maintain the security of your Personal Information, we have taken reasonable methods to prevent unauthorized access and maintain accuracy of all Personal Information collected by our website. Physical and technical methods of protection include limited numbers of internal personnel accessing your Personal Information, and password protecting documents or logs that contain Personal Information.
Transmission of information over the internet is not fully secure. As such, we cannot guarantee that any information you submit to us will be accessible to only us as the intended recipients. Any transmission is at your own risk. However, we do our best to protect your data and any information you provide. Nevertheless, if there is a security breach on behalf of an unauthorized party, you agree to indemnify us and hold us harmless for any and all claims against the unauthorized party.
We strive to prevent the introduction of malware, malicious code, and viruses to our website and our users (collectively referred to as “viruses”). However, due to the inherent nature of the internet, we are unable to guarantee or warrant that our websites, products, content or other Services are completely free from viruses. As such, we will not be liable for any damages or harm that is attributable to viruses that may arise after use of our website or Services. It is your responsibility to take reasonable measures to prevent the intrusion of viruses onto your hardware and software, and taking appropriate steps to ensure your computer and web browser are not exposed to the risk of interference or damage from viruses.
Your use of our website, products and Services is completely voluntary. As such, you shall indemnify us and hold us and our agents and affiliates harmless for any damages or injury that may arise from your use of our website, products and Services, which include, but are not limited to, issues regarding the confidentiality and security of your Personal Information.
Section 8. INFORMATION COLLECTED
- Information in exchange for products or services.
- From time to time, we ask for personal information, such as names, e-mail addresses, phone numbers, credit card numbers, account information and/or billing addresses in an exchange for our product, content, or Services.
- Analytics -
- Log Files -
Modern websites often collect user data in the form of log files. This is a modern way to log when and from where a user enters our website. This data may include information such as internet protocol (IP) addresses, browsers, date and time stamps, referral links through which you entered our website, demographic information, and the number of clicks a user makes on our site. This information is separate from Personal Information described above, and does not include information that is personal to you on an individual level. This information is used to track general traffic flow and usage of our website, in addition to other trends and statistics such as the number of visitors to a certain page on our website.
- Transaction Information -
When you download or purchase a product from our website, certain information may be collected, such as the date of the purchase and product details. This information is collected and used for internal purposes only, in order to enhance the general user experience. If you purchase one of our products, certain data is required to fulfill your request, such as credit card numbers/expirations/security codes, billing information and addresses, zip codes, and names, which will be processed through a third-party payment program. This information will not be shared intentionally with any party other than the third-party programs responsible for processing your payment and procuring payment to us.
- Third-Party Information -
From time to time, we may receive information from third-party programs or plugins, such as PayPal, Stripe, Mailchimp, Kajabi, Google, or through social media platforms.
B. Information may be collected in one or more of the following ways:
- Provided by you, the user -
Our website may ask you to input Personal Information from time to time. For instance, we request your e-mail address and name to send you a protected piece of content or may ask for your e-mail address when you have a question relating to customer service or consultations.
- Collected from internet browsers or devices -
From time to time, data is collected and sent to us automatically by your web browser or device. Information collected in this category tends to include your IP address, links clicked, pages visited, and timestamps of visits. This information tends not to be personally identifiable.
- Cookies, pixels, web beacons, widgets, and other modern technologies -
Section 9. INFORMATION USED
A. By using our website, you hereby agree that any and all information collected in Section 8 hereto may be used for the following purposes:
- To provide content, products, and other Services to you;
- To process and fulfill any purchases or orders, which may include sending e-mails to you;
- To communicate with you, such as via e-mail, including promotional e-mails, newsletters, and product attachments;
- To provide customer service and manage individual accounts;
- To provide a you with a personalized online experience;
- To grant you access to certain content and services online;
- To educate us on our user’s tendencies and preferences;
- To fulfill a contract we have with you;
- To optimize our website and our users’ experience;
- To prevent, mitigate, and investigate security breaches;
- To verify or authenticate information;
- To respond to lawful requests from government authorities, if applicable;
To resolve disputes with users;
- To prevent fraud or security issues;
- To fulfill or enforce our agreements with third-parties;
- To protect our legitimate business interests, which include but are not limited to: i) providing or administering Services to you and our users; ii) maintaining records; iii) analyzing data for business purposes and quality assurance; iv) communicating with you regarding the administration of Services and our obligations associated therewith; v) legal purposes, such as in dispute resolution, litigation, investigations, or regulatory purposes.
B. The Personal Information collected and used may be shared with certain third-parties. Personal Information may be shared in the following ways:
Service providers -
Personal Information may be shared with third-party programs, platforms, and providers in exchange for data, analytics, reports, or confidentiality agreements. Third-party providers include, but are not limited to, the following: website hosts, e-commerce platforms, payment providers and payment processors, website plugins, e-mail servicing programs, marketing consultants, and brand advisors. These third-party providers shall only collect, use, maintain and share your information to the extent that doing so furthers the services they provide to us. Any use beyond that scope shall be deemed an unauthorized use, of which you hereby agree to indemnify us.
Social sharing -
Asset Sale or Transfer -
Personal Information may also be shared in the event of a merger, acquisition, asset sale, or other transfer of our business and assets.
Legal and/or Regulatory Disclosures -
- Personal Information may also be shared if necessary to further a legal, regulatory, audit, or professional investigation.
C. The Personal Information that is collected will be stored in a commercially reasonable manner for as long as is necessary to protect our legitimate business interests, and to comply with applicable law. We reserve the right to collect and store your Personal Information to the extent that it is not prohibited by law.
D. We do not sell or license your Personal Information to third-parties for their own marketing or commercial purposes without your consent.
Section 10. CHOICE AND OPT-OUT
A. Cookies & Behavioral Based Advertising
- We may work with third-parties, such as Google and Facebook, for marketing, advertising and other legitimate business purposes. For information as to how you can opt-out of some of these advertising services, be sure to change your internet browser’s settings to block cookies or ask permission before collecting cookies.
B. E-mail Marketing -
We may, from time to time, require your e-mail address and other Personal Information to use our Services. If you do not want us to contact you via e-mail for promotional purposes, account management, updates, or product information, then you can elect not to share your e-mail address with us (although it may nevertheless be necessary to utilize a certain Service). At any time, you may manage your e-mail subscription preferences by contacting us at firstname.lastname@example.org at the link on the bottom of each e-mail sent by us.
C. Google Analytics
- In order to opt out of Google Analytics, you may visit: https://tools.google.com/dlpage/gaoptout.
D. European Union -
Residents of the European Union may have the following rights with respect to the collection and use of their Personal Information: i) right to review, verify, correct, and request erasure of your Personal Information that we collect and store; ii) limit, restrict, or object to the use of your Personal Information under certain circumstances; iii) the right to request the transfer of your Personal Information to another party under certain circumstances. For more information regarding your rights to your Personal Information in the European Union, please visit: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en.
- Residents of California who are users of our site may request certain information regarding the disclosure of their Personal Information to third-parties for marketing purposes. All requests of this nature should be specific and addressed via e-mail to
email@example.com. Users may also utilize a preference on their internet browser called Do Not Track. However, we may not respond to Do Not Track settings. For more information about California Do Not Track and your rights as a California resident with respect to your Personal Information, please visit: www.allaboutdnt.org.
Section 11. GOVERNING LAW & VENUE
Michaela "Mickey" Anderson is located in Canada and is subject to the applicable laws governing the Province of Ontario. The governing law for this agreement is the law of the Province of Ontario.
Section 12. INTELLECTUAL PROPERTY & STOCK PHOTOGRAPHY
A. Stock Photography - This website may use free stock photography as part of its design. All stock images used have an irrevocable, non-exclusive copyright license to download, copy, distribute, use and modify the photos for free, including for commercial purposes. Use of said stock photography is permissible under applicable laws without permission from the photographer or attributing the work to the photographer.
B. Intellectual Property - This website, content and products contain intellectual property owned by us. and by third-parties that license some intellectual property to us. This Agreement is intellectual property owned by us. Other examples of intellectual property found on our website and within our products and Services include, but are not limited to: trademarks, service marks, layout, logos, business name, design, text, written copy, certain images, podcast recordings, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”). You shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the Intellectual Property owned by us and the third-parties described within this Section in either whole or part without prior written consent.
Section 13. MISCELLANEOUS
- We reserve the right to amend this Agreement from time to time. You are bound by any changes made after the publication of the changes on our website. We will take reasonable efforts to notify you of any
changes that are made.
B. Headings & Severability -
Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
C. Entire Agreement -
This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
D. All Rights Reserved
- All rights not expressly granted in this Agreement are reserved by us.
[ RESERVED ]
A. Refund Policy
- Due to the online nature of the products and Services provided, and the electronic transmission of the same, you hereby agree and acknowledge that all sales are final. You agree and acknowledge that your purchase of any product or Service is non-refundable, under any circumstances.
B. Limited License
- You acknowledge that any and all products or Services that you download are for your own personal and internal business use. You shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or Services that you purchase or download from our website, without prior written consent or unless provided otherwise. We grant you a limited, personal, non-exclusive and non-transferable license to use the Products for your personal and internal business use.
Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Client, nor grant any right or license other than those stated in this Agreement.
Customer acknowledges that his/her purchase of products or services is for his/her/its single individual use. Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Product without prior written consent or unless provided otherwise. If Customer is also a business owner or professional in a similar industry, Customer shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:
Teaching Customer’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Customer’s own;Copying any of Company’s Product content and/or material for Customer’s commercial use;Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent.
C. Indemnification / Limitation of Liability
Customer hereby acknowledges that Company is not liable for any injuries that may arise from Customer’s actions, omissions, or decisions based off Customer’s use of this Product, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless Company of any claims that may arise after use of this Product. Access to Products and Services may be provided through a third-party platform. Company is not liable for any limitation of access to the Product caused by third-party platforms.
Client dissatisfaction with Company’s subjective style, independent judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to Client.
Even if Client does not use all portions of the Product, Client is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the Product at checkout and executing these Terms and Conditions.
The Company is not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, accountant, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, business executive, or other agent of Customer’s business. Customer understands that the Product is created to help Customer learn new marketing skills and assist Customer with finding his/her own direction in social media marketing. The Product may offer guidance regarding business decisions, but it is the responsibility of the Customer to make the final decision and choose the best option for his/herself.
Client understands that the Product has been designed by Company for general educational and informational purposes only, with the goal of teaching Customer new marketing skills and providing Customer with awareness of traditional business practices. Through the Product, the Company might provide guidance regarding business decisions, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision for his/herself. By using Company’s services and purchasing this Product, Client accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Product. Client agrees that use of this Product is at user’s own risk.
Client hereby acknowledges that social media content creation are subjective services and Company’s methods to provide this service may change in terms of style and/or technique. Company and/or Coach may use its personal judgment to provide the Product services to Client, even if these methods do not follow strict adherence to Client’s suggestions. This Product does not include: 1) individualized advice and feedback; 2) procuring business or potential clients for Customer; 3) performing any business management services for Customer, such as social media management, operations, research, or development; 4) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 5) publicity, public relations and/or social media marketing services; 6) legal or financial advice; 7) introduction to Company’s professional network and business relationships.
Customer hereby acknowledges that Customer is solely responsible for the amount and type of income that Customer generates by implementing techniques and advice provided by Company. Customer also acknowledges that the Company cannot and does not guarantee that implementation of the Product will provide Customer with a lucrative business. Customer also agrees that he/she is solely responsible for any decision Customer makes and indemnifies Company from any liability regarding said decision.
F. No Guarantees, No Warantees
You are responsible for producing your results. Customer hereby acknowledges that Company does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Product. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Product. Customer acknowledges that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain his/her goals by simply posting or distributing the Product on social media.
The Purchase is provided “as is,“ and is offered with no warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, merchantability, expectation of course of performance and non-infringement. Customer agrees not to hold Company responsible if Customer becomes dissatisfied with the Purchase. The Purchase is intended for a general audience and is not in any way specific advice tailored to any individual.
G. Product and Service Usage
Our Service and Product(s) may only be used for personal or business use by Customer, for Customer’s own social media accounts. Our Service and Product(s) may not otherwise be shared with or sold to anyone, or modified for resale or for-profit gain in any way.
Product has been designed for you to use on your personal or business Instagram pages. Purchasing or use of Product does not give you the ability to expose the methodology contained within the content itself. Additionally, you may not resale or distribute Product or any derivatives of Product in any way not specified herein. Any usage violation may result in immediate termination of Customer’s access to the Product and revocation of Usage, with no refunds given for any previous payments made.
H. Payment & Fees
(a) Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount for the Product, regardless of what payment option Client selects at checkout.
(b) If Client selects a payment plan option, Client agrees to pay all fees pursuant to the payment schedule outlined at checkout and selected by Client. All payments must be paid before the Product end date, or else Company reserves the right to send Client to collections for any outstanding monies due and owed under this Agreement.
(c) Client authorizes Company to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Client selected at checkout, and Client does not require separate authorization for each payment.
(d) If any payments fail, Client agrees to remedy the situation immediately (ie. update Client’s payment information, provide a new credit card, and/or make all past-due payments within 5 business days) or else Client forfeits his/her right to access the Product.
(e) The Client shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. Company reserves the right to collect any and all monies owed by Client to Company for the Product, by any means necessary within the parameters of the law. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Company reserves the right to report the incident to credit reporting agencies as a delinquent account.
(f) Late Fees - Company understands that, from time to time, there are issues with payment. All payments must be received by Company within five (5) days of the due date for that installment. Any payments not received within 5 days of their due date shall be subject to a late fee of $50.00 USD. Any payments not received within 10 days of their due date shall result in Customers breach of these terms and may result in removal of access to the Product. Client shall still remain responsible to make all payments due and owing under this Agreement to Company in the event Client’s access to the Product is revoked.
Section 16. UPDATES
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and Product thereafter. However, any changes to the dispute resolution provisions set out in the dispute resolution and governance provisions will not apply to any disputes for which the parties have actual notice [on or] before the date the change is posted on the Website or at time of purchase of the Product.
Your continued use of the Website and Product following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Section 17. CONTACT