Terms of Service

Effective Date: January 1, 2023
These Terms of Service (“Terms”) govern your access to and use of the Influencer Advantage website (the “Site”) and any content, portals, communities, and services we provide (collectively, the “Services”).
Company: PMB Solutions “Influencer Advantage,” “Company,” “we,” “us,” “our”)
Contact: consult@influenceradvantage.com

By accessing the Site or using/purchasing the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Site or Services.

1) Relationship to Client Agreements; Order of Precedence

If you enter into a separate written agreement with Company (including a services agreement, statement of work, enrollment agreement, or order form) (“Client Agreement”), that Client Agreement governs the program/services you purchased. If there is a conflict, the order of precedence is:

1. Client Agreement (scope, deliverables, term, pricing)
2. Billing Policy (payments, refunds, billing disputes, chargebacks)
3. These Terms (general website/service use)

2) Billing Policy Incorporated

Our Billing Policy is incorporated by reference and applies to payments, installment plans, refunds (if any), billing inquiries, and chargebacks.

3) Eligibility; Authority; Business Use

You represent that you are at least 18 years old (or the age of majority where you live) and have legal capacity to enter into a contract. If you use the Services on behalf of a business/entity, you represent that you have authority to bind that entity.

The Services are intended for business/commercial use. Nothing in these Terms limits any rights that cannot be waived under applicable law.

4) No Guarantees

We provide advisory, educational, operational, and/or facilitation services. Results depend on factors outside our control (including your execution, product/offer, budgets, platform changes, creator performance, shipping/customs, and market conditions). We do not guarantee specific outcomes (e.g., sales, revenue, ROAS, profits).

5) Accounts; Access; Community Rules

If the Services include access to a portal, community, or resource vault, you are responsible for maintaining the confidentiality of your login credentials and all activity under your account. You may not share access outside your organization unless expressly permitted in writing.

We may suspend or terminate access for nonpayment, policy violations, abuse, harassment, fraud, or misuse.

6) Intellectual Property; Limited License

All templates, frameworks, trainings, videos, documents, processes, tools, and materials provided by Company are Company’s intellectual property (“Company IP”) or used under license.

Subject to your compliance with these Terms and any Client Agreement, Company grants you a limited, revocable, non-exclusive, non-transferable license to access and use Company IP solely for your internal business purposes. You may not copy, reproduce, distribute, resell, publicly display, or create derivative works from Company IP without Company’s prior written consent.

7) Confidentiality

You agree not to disclose Company’s non-public information, including methods, materials, pricing, and internal processes, except as required by law.

8) Prohibited Conduct

You agree not to:

• violate any law or third-party rights;
• harass, defame, threaten, or abuse others;
• reverse engineer, scrape, or use automated tools to extract data from the Site/Services without written permission;
• upload or transmit malware, viruses, or harmful code;
• interfere with the security or operation of the Services;
• submit false or misleading information in any billing dispute, chargeback, or communication to a payment provider.

9) Third-Party Services

The Services may integrate or link to third-party services (including payment processors and communication platforms). We are not responsible for third-party outages, policy changes, performance, or acts/omissions.

10) Suggestions

If you provide feedback, comments, ideas, or suggestions, you grant Company an unrestricted right to use them for any purpose without compensation, unless prohibited by law.

11) Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

12) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SITE OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR SERVICES WILL NOT EXCEED THE AMOUNT PAID BY YOU TO COMPANY FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE PRIOR TWELVE (12) MONTHS (OR THE AMOUNT STATED IN A CLIENT AGREEMENT, IF DIFFERENT).

13) Indemnification

You agree to indemnify and hold harmless Company and its affiliates, officers, directors, employees, agents, and contractors from claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• your use of the Services;
• your violation of these Terms or applicable law;
• your products, advertising claims, platform compliance, and interactions with third parties (including creators/influencers).

14) Termination

You may stop using the Services at any time. We may suspend or terminate access to the Services (in whole or in part) for any reason, including nonpayment or violation of these Terms, without liability to the maximum extent permitted by law.

Sections that by their nature should survive will survive (including IP, confidentiality, disclaimers, limitation of liability, indemnification, and dispute resolution).

15) Copyright Complaints (DMCA)

If you believe content on the Site infringes your copyright, email consult@influenceradvantage.com with: (a) your contact info; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and its location; (d) a statement of good-faith belief; and (e) a statement under penalty of perjury that the information is accurate and you are authorized to act.

16) Dispute Resolution; Arbitration; Class Action Waiver (US Clients)

Informal Resolution. The parties agree to first attempt good-faith informal resolution after written notice of a dispute.

Arbitration. Except for claims that may be brought in small claims court, any dispute arising out of or relating to these Terms or the Services will be resolved by confidential, binding arbitration before a single arbitrator.

Seat / Location. The seat (legal place) of arbitration shall be New York County, New York, and arbitration may be conducted remotely by video conference unless the arbitrator determines an in-person hearing is necessary.

Class Action Waiver. Disputes must be brought on an individual basis only. No class, collective, consolidated, or representative action is permitted.

Injunctive Relief. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property or confidential information.

Governing Law. These Terms are governed by the laws of the New York, excluding conflict-of-law rules.

17) Miscellaneous

Severability. If any provision is unenforceable, the remainder remains in effect.
Waiver. Failure to enforce any provision is not a waiver.
Assignment. You may not assign these Terms without our consent. We may assign freely.
Force Majeure. We are not liable for delays/failures caused by events beyond reasonable control.
Headings. Headings are for convenience only.

18) Contact

Questions: consult@influenceradvantage.com