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TM PRIVACY POLICY + T&C
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BY USING OUR WEBSITE, YOU AGREE TO OUR PRIVACY POLICY AND TERMS & SERVICES. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SITE OR SERVICES.

 

EFFECTIVE DATE: 11/11/2023

 

Section 1. OVERVIEW

 

Thank you for visiting our website. The terms “we,” “us” and “our” refer to, SAM VALENTINE AND GABRIELLE BYNDLOSS and THE MEMBERSHIP with Sam and Gabrielle LLC. The terms “website” or “site” refer to themembership.co. 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.

 

These Terms of Service (“Terms”) apply to all site users, customers, and other visitors of our website. By using our website and/or Services, you hereby agree to have read and acknowledged this Terms of Service and the Privacy Policy set forth herein (collectively referred to as “Agreement”), without modification.

 

The Privacy Policy (“Privacy Policy”) contained herein outlines how we may collect, use, and share information about you when using our website, together with products and services we offer from time to time on our website and social media pages, including, but not limited to, Instagram, Kajabi, LinkedIn, Twitter, TikTok, YouTube, Facebook, Pinterest, Anchor, Apple Podcasts, Spotify, and Stitcher (collectively referred to as “Services”). This Policy describes both our and your legal rights and responsibilities with regards to the information contained on and collected by our website, including information that identifies you, such as your name, location, contact information, e-mail address, search tendencies, and how you use our website (collectively referred to as “Personal Information”). We take seriously our responsibility to protect your personal information and privacy.

 

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

 

  1. 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.

 

  1. 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.

  1. 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.

 

  1. 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.

 

  1. 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 7. ACCEPTANCE & SCOPE OF PRIVACY POLICY

 

This Privacy Policy is part of our Terms of Services, which address your access, exchange of information, and use of our Services. The Privacy Policy (outlined in this Section and Sections 1-4, 6-11, 13, 16 and 17), is incorporated herein. By using our website and Services, you hereby agree to all of the terms set forth in our Terms of Service and Privacy Policy. If you do not agree with our Terms of Service or Privacy Policy, then please do not use our website or Services.

 

This Privacy Policy applies to your Personal Information that is collected by us on our website through when you elect to use our Services. For more information about how we collect and use your information, see Sections 8 and 9 below.

 

This Privacy Policy does not cover the collection and/or use of your personal information by third-party programs or websites, such as search engines (i.e. Google), commerce platforms and plugins (i.e. WooCommerce, Square, Stripe, PayPal, Shopify, Venmo, and Zelle), website hosts (i.e Siteground, Google, Bluehost, Go Daddy, Kajabi or WordPress), e-mail marketing programs like MailerLite, video or messenger applications (i.e. Zoom, Slack, or Voxer), teaching or webinar platforms (i.e. Kajabi, Podia, Thinkific, Teachable, Thrivecart, Zoom), or social media platforms. .The collection and use of data and information by third-party platforms and programs, such as those described above, are governed by each third-party’s respective privacy policy. However, you should not assume that third-parties have a privacy policy that is equivalent or similar to ours. As such, we are not liable or responsible under any circumstances for the collection and use of your personal information by third-parties or the third-parties’ compliance with their respective privacy policies.

 

By accepting our Privacy Policy, you hereby acknowledge that you are above the age of consent and majority in your jurisdiction. Minors should not use this platform and, as such, we do not knowingly or intentionally collect, share, or use Personal Information from minors.

 

Section 8. INFORMATION COLLECTED

 

  1. “Personal Information” that is subject to these Terms and Privacy policy include, but are not limited to:

 

 

 

 

 

 

  1. Information may be collected in one or more of the following ways:

 

 

 

Section 9. INFORMATION USED

  1. By using our website, you hereby agree that any and all information collected in Section 8 hereto may be used for the following purposes:

  1. The Personal Information collected and used may be shared with certain third-parties. Personal Information may be shared in the following ways:

  1. 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.

  1. 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

 

  1. 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.
  2. 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 onebrokeactress@gmail.com at the link on the bottom of each e-mail sent by us.
  3. Google Analytics - In order to opt out of Google Analytics, you may visit: https://tools.google.com/dlpage/gaoptout.
  4. 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.
  5. California - 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 onebrokeactress@gmail.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

 

Sam Valentine and One Broke Actress is located in the United States and is subject to the applicable laws governing the State of California. The governing law for this agreement is the law of the State of California.

 

 

Section 12. INTELLECTUAL PROPERTY & STOCK PHOTOGRAPHY

 

  1. 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.
  2. 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

 

  1. Amendments - 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.
  2. 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.
  3. 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.
  4. All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us.

 

Section 14. SPECIFIC PRODUCT TERMS OF USE

  1 — THE MEMBERSHIP TERMS OF SERVICE

2 — Thank you for purchasing The Membership (“Subscription”). All sales are final for this Subscription. By completing the Subscription check-out, you ("Customer") agree to the following terms and understand that you will be charged the full amount of the pay-in-full price on a monthly basis. Through rendering initial payment, Customer agrees to the following terms and conditions of this Agreement (“Agreement”) in their entirety:

1. INTRODUCTION

3 —The Membership with Sam & Gabrille LLC (“Company”) is a company that provides advice and education to actors in the entertainment business. Company has created The Membership ("Subscription") to educate Customer on the day to day life of actors and to answer questions and provide help during the calendar times. The Subscription is an online community with calendared live classes including pre-recorded videos and resources via a private webpage.

2. TERM

4 — This Term of this Agreement shall be one year from the date of initial purchase, with the exception of Sections 8 - 12, which shall survive the Term of this Agreement.

3. DISCLAIMERS

5 — For the purposes of this Agreement, the Company is not an employee, agent, manager, lawyer, accountant, psychiatrist, psychologist, therapist, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, business executive, or other agent of Customer’s business.

6 — Client understands that the Subscription has been designed by Company for general educational and informational purposes only, with the goal of advice and education to actors in the entertainment business. Through the Subscription, 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.

7 — This Subscription does not include: 1) procuring business or potential clients for Customer; 2) performing any business management services for Customer, such as accounting, operations, research, or development; 3) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 4) publicity, public relations and/or social media marketing services; 5) legal or financial advice; 6) introduction to Company’s professional network and business relationships.

Customer hereby acknowledges that Customer is solely responsible for the amount of income and/or type of results that Customer generates by implementing techniques and advice provided by Subscription. Customer also acknowledges that the Company cannot and does not guarantee that implementation of the Subscription will provide Customer with a lucrative business. Customer also agrees that he/she is solely responsible for any personal decision that Customer makes during or as a result of Customer’s use of the Subscription, and indemnifies Company from any liability regarding said decision.

8- The Subscription includes Gabrielle’s Actor Workout (hereby know as ‘Activities’) which involves physical movement. The Customer acknowledges that they knowingly and voluntarily participating in classe(s) and/or physical activity(ies), including but not limited to yoga, personal training, meditation, wellness, and/or nutrition, taught or facilitated by, or through, Subscription, whether online or in person (the “Activities”). I understand that the Activities may also include and encourage the use or presence of incense, candles, essential oils, or other elements which may create smoke or aromatic substances, as well as music or other audio elements.

  1. Customer understand that it is solely their responsibility to consult with a physician prior to and regarding their participating in such Activities.
  2. Customer represent and warrant that they are in good physical condition and that they have no medical condition, disability, or impairment that would prevent their full and safe participation in any such Activities, or that would be detrimental to their health, safety, comfort or physical condition if they do so engage.
  3. Customer understands that it is solely their responsibility to determine whether they are physically and mentally capable of participating in any Activities. They will continue to keep Company fully informed of any physical or other condition or disability which would prevent or limit their participation in any Activities.
  4. Customer hereby assumes full responsibility for all risks, injuries, losses, or damages, known or unknown, which may incur as a result of their participation in the Activities.
  5. Customer hereby waives any right to sue or bring any other claim or action against Company or its owners, employees, or contractors for any injuries or damages they may incur, whether known or unknown, as a result of their participation in the Activities.
  6. Customer hereby represents that they understand the risks associated with the Activities, and agree to abide by all rules and instructions provided by Company and to be bound by the waiver and release of liability provisions contained herein.

4. PROGRAM SPECIFICS

8 — The Subscription includes twice monthly 90 minute Office Hour sessions, twice monthly co-working sessions, Slack access, pre-recorded sessions, which include pre-recorded videos, presentation slides, workbooks, and/or other resources.

5. CLIENT'S RESPONSIBILITIES—The Subscription has been developed for educational purposes only. The Company has established its proprietary Subscription in order to educate and inspire Customer to pursue his/her personal goals. However, 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 Subscription. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Subscription. 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 completing the The Membership Subscription or using the advice given during the calls.

Nevertheless, Customer acknowledges that he/she can optimize her potential results from the Subscription by adhering to the following:

6. PAYMENT & FEES

9 — Client has one payment option to purchase the Subscription,that is presented at checkout and outlined below: a monthly fee, due in-full before Customer may access the Subscription. By submitting a partial payment, Client understands that he/she is contractually bound to make all payments in the timeline outlined at checkout, which shall be billed to Customer automatically. Failure to make all payments due on a month to month basis shall result in Customer’s breach of this contract and in Customer’s termination of access to the Subscription.

Client hereby agrees to pay in accordance with one of the following plans:

A. MONTHLY FEE:

7. REFUND POLICY

All monthly payments are final for this Subscription. Due to the inherent nature of educational programs and the electronic transmission of the same, there are no refunds.

8. NON-DISCLOSURE & CONFIDENTIALITY

Confidential Information & Non-Disclosure - Company takes pride in its proprietary information included in each Subscription. As such, Customer agrees and acknowledges all Confidential Information shared through this Subscription and by the Company is confidential, proprietary, and belongs exclusively to the Company.

“Confidential Information” includes, but is not limited to:

Testimonials - Company also agrees to protect Customer’s personally identifiable information. However, from time to time, Company may use general statements about Customer’s success for testimonials as part of Company’s marketing strategy. By agreeing to these Terms, Customer agrees to Company sharing Customer’s success stories as testimonials in any matter across any media at the sole discretion of Company.

9. INTELLECTUAL PROPERTY & LIMITED LICENSE

Intellectual Property - This Subscription and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and within Company’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”).

Limited License - 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. Customer acknowledges that his/her purchase of this Subscription is for his/her/its 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 Subscription 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:

10. 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 participation in the Subscription or use of the Subscription, 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 Subscription.

11. MISCELLANEOUS

A. Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.

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.

E. Governing Law - Company is located in the United States and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of California.

F. Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration.

G. Execution – Customer agrees to accept the above Agreement in its entirety when Customer selects and confirms “I agree to the Terms & Conditions” at the Subscription checkout page and by rendering first payment.

 

Section 15. GENERAL TERMS OF USE

 

  1. Refund Policy - Due to the educational 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.
  2. 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.

 

Section 16. UPDATES

 

[RESERVED]

 

Section 17. CONTACT

 

You may contact us at any time with questions or concerns regarding our Terms of Use and Privacy Policy. To do so, please e-mail us at onebrokeactress@gmail.com.