Disclaimers, Disclosures, Terms of Use, Conditions and Privacy Policy

 

JustPositionIt!® Consulting (“JustPositionIt!® or JPI or Ang’s Writing Lab™ or Ang’s Marketing Boutique™ or Heroes’ Club or the company) welcomes you. We invite you to access and use our websites, including, without limitation, justpositionit.com, angswritinglab.com, angsmarketingboutique.com, heroes-club.com. (The “Websites”).

We provide visitors to our Websites (“Visitors”) access to the Websites subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Websites.

Any user who registers or subscribes with us (each, a “Registered User”) and wishes to purchase a product or service through one of our Websites, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service. In the event of any conflict between the terms of this Agreement and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall control.

The advice and strategies contained herein may not be suitable for your situation. The editor shall not be held liable for any loss of profit, revenue, or any commercial damages, including but not limited to special, incidental, consequential, or other damages by implementing the ideas contained within. The ideas outlined on the websites, in emails, in eBooks, and in any and all other content are meant to help you think differently about yourself, your product, service, marketing, or brand. If you’d like a consultation for your particular purpose, please request one.

The services and advice are provided for informational purposes only and should not be construed as legal, financial or other professional advice or, unless otherwise expressly stated, as company’s official position on any subject matter. The company does not represent or warrant that (a) the services are accurate, complete, reliable, current or error-free, or (b) the services or our server(s) are free of viruses or other harmful components. You should use industry-recognized software to detect and disinfect viruses from any download from the services except as expressly provided to the contrary in a writing by the company, the services are provided on an “as is” basis without warranties of any kind, and, to the fullest extent permitted by applicable law, the company disclaims all statutory and implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

 

Product Guarantee

Customers enjoy a 30-Day Money-Back Guarantee on all digital downloads (unless otherwise stated) and on some course purchases on JustPositionIt.com or Ang’s Marketing Boutique™ or Heroes’ Club. Please carefully read all product information to determine whether a guarantee is offered.  In many cases, what you pay is what you get back (not including any taxes or shipping charges), if a guarantee is offered. If you’re not 100% satisfied with your purchase, you can request a refund within 30 days of receiving your download, by sending an email here.

 

Indemnification
You agree to defend, indemnify and hold harmless JPI, our independent contractors, service providers and consultants, and our and their respective directors, officers, employees and agents (collectively, the “company parties”) from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the services and advice, (b) any feedback you provide, (c) your breach of any of these terms, or (d) your violation of the rights of any third party. This indemnification applies to and includes, without limitation the payment of all penalties, judgments, fines, awards, attorneys’ fees degrees and related costs or expenses and any reimbursements for all legal fees, expenses and costs that are incurred by it. You shall fully defend, indemnify and hold harmless JPI from any and all claims, demands, lawsuits, causes of action, loss, liability, and/or damage of any king whatsoever including without limitation all claims for monetary loss whether brought by an individual or other entity or imposed by a court of law or by administrative action of any federal, state or local governmental body or agency that arises out of any acts negligence omission or willful misconduct in any way on the part of JPI.

 

Limitation of Liability
To the fullest extent permitted by applicable law: (a) in no event shall the company parties be liable for any special, indirect or consequential damages, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including as a result of company’s negligence) or otherwise, arising out of or in any way connected with these terms or the use of or inability to use the services; and (b) in no event shall the aggregate liability of the company parties, whether in contract, warranty, tort (including as a result of company’s alleged negligence), product liability, strict liability or other theory, arising out of or relating to these terms or the use of or inability to use the services exceed any compensation you pay, if any, to company for access to or use of the services.

You acknowledge and agree that company has offered the services, set its prices, and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth in these terms, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and JPI.

The websites and the content are provided on an “as is” and “as available” basis without any warranties of any kind, including that the websites will operate error-free or that the websites, their servers, or the content are free of computer viruses or similar contamination or destructive features.

We disclaim all warranties, including, but not limited to, warranties of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose and any warranties arising from a course of dealing, course of performance, or usage of trade; in connection with any warranty, contract, or common law tort claims: we and our licensors shall not be liable for any incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to access and use the websites or the content, even if we have been advised of the possibility of such damages and (ii) any direct damages that you may suffer as a result of your use of the websites or the content shall be limited to the fees you have paid us in connection with any purchases you have made from us during the three (3) months immediately preceding the events giving rise to the claim.

Some jurisdictions do not allow the exclusion of certain warranties. Therefore, some of the above limitations on warranties in this section may not apply to you.

The websites may contain technical inaccuracies or typographical errors or omissions. Unless required by applicable laws, we are not responsible for any such typographical, technical, or pricing errors listed on the websites. The websites may contain information on certain products and services, not all of which are available in every location. A reference to a product or service on the websites does not imply that such product or service is or will be available in your location. We reserve the right to make changes, corrections, and/or improvements to the websites at any time without notice.

 

Earnings Disclaimer
When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we’ve taken every effort to ensure that we accurately represent our programs and their ability to grow your business and improve your life. However, the company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our sites is a promise or guarantee to you of future earnings.

You accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.

When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we’ve taken every effort to ensure that we accurately represent our programs and their ability to grow your business and improve your life. However, the Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our Sites is a promise or guarantee to you of future earnings.

 

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE ANY PRODUCTS ARE AT YOUR SOLE RISK. By purchasing any products, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.

 

No Professional Advice
The information contained in or made available through our sites (including but not limited to information contained on videos, message boards, comments, on coaching calls, in emails, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

 

Ang’s Writing Lab™
The services offered through Ang’s Writing Lab™ are for copywriting only; no design services are included unless expressly stated. The advice and copywriting strategies provided may not be suitable for your situation. JustPositionIt!® does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies, or recommendations, and nothing on its websites is a promise or guarantee to you of future earnings. JustPositionIt!® consulting shall not be held liable for any loss of profit, revenue, or any commercial damages, including but not limited to special, incidental, consequential, or other damages as a result of marketing services, or copywriting services, or recommendations given. Copywriting results are not guaranteed. we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth, or results of any kind. The ideas provided are meant to help you think differently about yourself, your product, service, marketing, or brand. JustPositionIt!® does not provide legal advice. Please consult with your own or your company’s own marketing, legal, or compliance department(s) before using any materials, copy, suggestions, or marketing ideas provided.

 

No Class Arbitrations, Class Actions or Representative Actions
You and JPI agree that any Dispute arising out of or related to these Terms or the Services is personal to you and JPI and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and JPI agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Company agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

 

Arbitration
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH JPI AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM JPI.

 

Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 11 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Company agree (a) to waive your and Company’s respective rights to have any and all Disputes arising from or related to these Terms or the Services, resolved in a court, and (b) to waive your and Company’s respective rights to a jury trial. Instead, you and Company agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

 

Fees and Payment
As consideration for any purchase you make on the Websites, you shall pay JustPositionIt!® all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency.

You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize JustPositionIt!® to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

 

Termination Of The Agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Websites, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Websites at any time without prior notice or liability. The following sections shall survive any termination of this Agreement: “Fees and Payment” (until you pay all fees and taxes due hereunder), “Intellectual Property,” “Registered User Content; Licenses,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Representations; Warranties; and Indemnification,” “Termination of the Agreement,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” and “Miscellaneous.”

 

Privacy Policy
This Privacy Policy governs the manner in which JustPositionIt collects, uses, maintains and discloses information collected from users (each, a “User”) of the https://justpositionit.com website (“Site”). This privacy policy applies to the Site and all products and services offered by JustPositionIt.

The Data Collector
The data collector of user information is JustPositionIt Consulting. If you want to contact the data collector, please send an email here.

Personal Identification Information
We may collect BASIC personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, respond to a survey, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, or phone number as needed. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities. Subscribers will never receive communications from JustPositionIt without having prior given expressed permission to do so by willingly supplying needed contact information. The information we use for marketing purposes will be kept on file until you notify us that you no longer wish to receive this information.

Sensitive Information
JustPositionIt does not collect sensitive information including: race or ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships, genetic or biometric data, health or mortality or sex life or sexual orientation, and do not collect or process any of this data required to by law such as in the event of a court case. If a user wants to know what information is kept on file, they can submit a User Access Request to here.

Non-personal Identification Information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Opting Out and Unsubscribing
A user may opt out at any time for any reason from receiving communications from JustPositionIt and its companies with the exception of transaction related emails such as those from a purchase et al.

Web Browser Cookies
Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

 

How We Use Collected Information
JustPositionIt will never sell user information and may collect and use Users personal information for the following purposes:

  • To run and operate our Site: We may need your information display content on the Site correctly.
  • To improve customer service: Information you provide helps us respond to your customer service requests and support needs more efficiently.
  • To personalize user experience: We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
  • To improve our Site: We may use feedback you provide to improve our products and services.
  • To process payments: We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service or goods.
  • To run a promotion, contest, survey or other Site feature: To send Users information they agreed to receive about topics we think will be of interest to them or based on information initially requested.
  • To send periodic emails: We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. User data may be shared with the following email and other providers: iContact, AWEBER, SamCart, Stripe, PayPal, GoDaddy, and social media companies.

How We Protect Your Information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. JustPositionIt maintains an SSL Certificate to further protect user data.

Sharing Your Personal Information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

Electronic Newsletters
If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

Third Party Websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.

Changes To This Privacy Policy
JustPositionIt has the discretion to update this privacy policy at any time. When we do, we will  revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your Acceptance Of These Terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

 

Contacting Us
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us.

This document was last updated on August 16, 2018 and for GDPR compliance.