Terms And Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ENGAGING NINE STEP MARKETING FOR CONSULTING, COACHING SERVICES, AND SOFTWARE ("the PLATFORM"). PURCHASING SOFTWARE, COACHING, AND/OR CONSULTING SERVICES INDICATES ACCEPTANCE OF THESE TERMS IN THEIR ENTIRETY.
The following are terms of a legal agreement between you and Nine Step Marketing ("Company," "we," "us"). By purchasing Software coaching and/or consulting services from Company or any other property held by Company or by using our software platforms ("Software"), you acknowledge that you have read, understood, and agree to be bound by these terms for the software platform and coaching and consulting services, in their entirety, and to comply with all applicable laws and regulations.
Company may terminate your ability to use our Software and services without notice if you do not comply with these Terms of Service. If you do not agree to these Terms of Service, you must not access or use our Software and services. You must be at least 18 years old to use our Software and services.
By continuing to use Company's Software, Coaching, and/or Consulting Services (defined below), you agree to abide by these Terms and Conditions, as they may be amended by Company from time to time in its sole discretion. Please read these Terms and Conditions carefully. As a Client, you agree to be bound by these Terms and Conditions, both for current and for any additional services for which you may contract with Company, including all payment terms (collectively, the Agreement). In this Agreement, "you" and "your" refers to the Client.
You agree that any of your agents, representatives, employees, or any person or entity acting on your behalf with respect to the use of the Software, Coaching, and/or Consulting Services, shall be bound by, and shall abide by, these Terms and Conditions. You further agree that you are bound by these Terms and Conditions whether you are acting on your behalf or on behalf of a third party, including another Client.
We reserve the right to make changes to the Software Platform and to these Terms of Service at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of the revised Terms of Service means that you accept and agree to the changes.
TERM, PAYMENT & MODIFICATION: For Software, recurring coaching, online membership, or consulting services - The term of this Agreement shall begin and become effective as of the sign-up date, which coincides with the initial payment. The term shall continue as follows unless otherwise mutually agreed upon in writing. This Agreement shall renew at the end of each 30-day period for a successive 30-day term unless either party provides written 5-day notice of its intention not to renew or if both parties agree to enter a new contract term for a determined time period.
Any and all "one-time" purchases (Strategy Sessions, Events, In-Person Consulting) shall not be tied to any other services or subject to this Agreement unless otherwise specified by the client.
Client agrees to pay Nine Step Marketing all applicable charges to its account in United States dollars, in accordance with the payment terms and conditions and/or payment plan mutually agreed upon, including, if any, all applicable taxes. If any mutually agreed-upon payment terms of additional services requested by you are different than the terms set forth in these Terms and Conditions, the payment terms for the additional services shall apply to those services. Client agrees that any setup fee (or similar one-time payment depending on the service selected by the Client) is nonrefundable as it is applied to costs immediately incurred by Nine Step Marketing in initiating services.
Client understands and agrees that the Software, Coaching, Online Membership, and/or Consulting Services are billed one month in advance. In addition, if the Client has elected to pay Nine Step Marketing by credit card, the Client agrees to authorize Nine Step Marketing to charge its credit card in advance for such payments and for any amounts owed under this Agreement. In addition, the Client agrees not to perform any chargeback to Nine Step Marketing from their bank or credit card if they are in violation of these payment terms and acknowledges it is detrimental to Nine Step Marketing's ability to do business.
In the event collection proves necessary, the Client agrees to pay all fees (including all attorneys' fees and court costs) incurred by that process.
In the event of a chargeback, the Client agrees that these Terms of Service will provide sufficient proof of their services and products being delivered as described at purchase.
You understand that Nine Step Marketing may modify its standard terms and conditions and service offerings from time to time, and Nine Step Marketing reserves the right to adjust the pricing of such services. Following the fulfillment of initial contract terms, Clients in month-to-month contracts may be subject to revised terms and conditions and/or pricing.
METHOD OF PAYMENT: The Client must set up direct withdrawal from a valid, sufficiently funded bank account, provide a valid credit card with sufficient credit, or maintain a deposit with Nine Step Marketing that Nine Step Marketing can bill for all contracted Services.
REFUND POLICY AND CANCELLATIONS SOFTWARE & SERVICES: The product and/or services referenced herein are sold with a strict no refund policy. Fees assessed by Nine Step Marketing are non-refundable, and Nine Step Marketing does not provide fee refunds or credits for partially used or unused subscriptions. If you sign up for a Service subscription but do not access the Service or Platform, you are still responsible for all fees during the term of your subscription. If Nine Step Marketing chooses at its sole discretion to issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future. In the event of a refund or credit, the amount refunded or credited will be determined by Nine Step Marketing in its sole discretion. If you have any questions or concerns about this refund policy, please contact us at support@ninestepmarketing.com.
If you wish to cancel any Nine Step Marketing subscription (including subscriptions for services) at any time after a free trial or discounted period ends, you must submit a cancellation request to us via our support email address
For monthly subscriptions (including subscriptions for services and software), we require at least ten (10) days' notice of cancellation by email. If you provide such notice less than ten (10) days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month's use, nor will you be entitled to any refund for any payments to Nine Step Marketing. For annual subscriptions, we also require at least ten (10) days' notice of cancellation by email. If you provide such notification less than ten (10) days before the first day of your next subscription year, your credit card may still be charged. If you cancel before the end of your year, you will not be entitled to a refund. Nine Step Marketing, in its sole discretion, may charge a cancellation fee equal to the amount the subscription was discounted.
REFUNDS FOR PHYSICAL PRODUCTS: Any orders of physical products must be returned within 30 days (in original condition) to be eligible for a refund.
SERVICES PROVIDED: Coaching and/or Consulting Services are the process by which Nine Step Marketing will help you grow your business via proprietary systems, frameworks, and advice. Though Nine Step Marketing cannot guarantee specific results, we proactively seek to provide high-quality advice and systems that maximize the Client's return on advertising spending.
OWNERSHIP OF NON-CLIENT PROPERTY: Title and full ownership rights in and to the Coaching and Consulting frameworks, strategies, and systems, together with any and all ideas, concepts, computer programs, and other technology supporting or otherwise relating to Nine Step Marketing's operation of the Company network and website(s) (collectively, the "Company Materials"), shall remain at all times solely with Nine Step Marketing and/or with the respective outsourced service provider or author. Client acknowledges that it has not acquired any ownership interest in the Company Materials and will not acquire any ownership interest in the Company Materials by reason of this Agreement.
NO LICENSE: Nothing contained in this Agreement or use of Software, Coaching, and/or Consulting Services should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Nine Step Marketing or by any third party.
CONFIDENTIAL INFORMATION: All information disclosed by Nine Step Marketing to Client shall be deemed Confidential Information, regardless of whether marked or identified as "CONFIDENTIAL" or "PROPRIETARY." Notwithstanding anything to the contrary, Confidential Information shall also include, and the provisions of this Agreement shall apply to any other information in oral, written, graphic or electronic form, which, given the circumstances surrounding such disclosure to or learning by Client, would be considered confidential.
9.1 "Confidential Information" means any non-public, oral, written graphic or machine-readable information, including but not limited to, that which relates to patents, patent applications, trade secrets, research, product plans, products, developments, inventions, processes, designs, drawings engineering, formulae, markets, market research, market plans, software (including source and object code), hardware configuration, computer programs, algorithms, regulatory information, business plans, pricing, agreements with third parties, services, customers, marketing or finances of Nine Step Marketing or one of its subsidiaries or affiliates.
RESTRICTIONS: Client shall not in any way: (i) disclose or otherwise transfer Confidential Information to any third party at any time, including consultants, except as approved by Nine Step Marketing in writing in advance; (ii) use (except as specifically permitted in writing by Nine Step Marketing), copy. Modify and/or transfer the Confidential Information and/or merge the Confidential Information with any other technology, formula or materials; (iii) to the maximum extent permitted by applicable law reverse engineer any of the Confidential Information; and/or (iv) disclose the parties' discussions about the Confidential Information. Client agrees that it will disclose the Confidential Information only to its employees who have a specific need to know regarding the Coaching and Consulting Services and only to the extent necessary for such purpose.YOUR SITE: You hereby acknowledge that Nine Step Marketing is not responsible for the maintenance of your website(s); nor is Nine Step Marketing responsible for order entry, payment processing, shipping, cancellations, returns, or customer service concerning orders placed on your website(s). You further acknowledge that your site does not contain any Nine Step Marketing owned or licensed content, including but not limited to any Nine Step Marketing search listings, except pursuant to a separate signed affiliate agreement with Nine Step Marketing.
CLIENT REPRESENTATIONS AND WARRANTIES: Client represents and warrants to Nine Step Marketing that for the term of this Agreement, this Agreement constitutes a valid, binding, and enforceable agreement in accordance with its terms; Client is the authorized owner or representative of the website(s) for which Software Coaching and Consulting Services will be used and performed; and Client's website will not violate any applicable law or regulation; does not infringe upon in any manner any third party rights, including but without limitation to copyright, patent, trademark, trade secret, or other intellectual property right or right of privacy or publicity; is not false or misleading; has not and will not result in any consumer fraud, product liability, breach of contract, injury, damage, or harm of any kind to any person or entity; is not defamatory, libelous, slanderous, or threatening; is free of viruses; does not contain, promote, or offer any form of spyware, adware, or other advertising or information collection software; and/or does not contain, link to or promote any of the following: violence, hate crimes (whether racial or otherwise), illegal activities, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
CLIENT COVENANTS: Client further agrees to perform as follows:Client will not hold Nine Step Marketing or its affiliates liable or responsible for the activities of visitors who come to Client's website(s) through Software and Coaching and Consulting Services.If Client sells or promotes adult materials, alcohol, or tobacco products, or other age-restricted products and/or services, Client will: (i) have age verification on its site's home page and in the sales process in compliance with all applicable laws and regulations; and (ii) shall not offer such products and/or services in jurisdictions in which they are prohibited or are in any way restricted.
CLIENT INDEMNIFICATION OBLIGATIONS: Client agrees to indemnify, defend, and hold harmless Nine Step Marketing, its distribution partners, its licensors and licensees, and affiliated companies, and any of their officers, directors, employees, representatives and agents, from and against all claims, actions, liabilities, losses, expenses, damages, and costs (including, without limitation, reasonable attorneys' fees) that may at any time be incurred by any of them by reason of any claims, suits, or proceedings (collectively being referred to herein as a "Claim") for, including without limitation, lib
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER: Nine Step Marketing makes no representations or warranties relating to the results of the Software Platform and Coaching and Consulting Services, including, without limitation, the number of impressions or click-throughs and any promotional effect or return on investment thereof. As Nine Step Marketing relies on third parties for certain data, Nine Step Marketing makes no guarantees regarding the accuracy, reliability, or completeness of any usage statistics.
In no event shall Nine Step Marketing be responsible for any consequential, special, lost profits, or other damages arising under this Agreement. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action, fire, flood, earthquake, power failure, riot, explosion, labor, or material shortage, carrier interruption of any kind or work slowdown.
SUCCESSORS AND ASSIGNS: Subject to the limitations set forth herein on assignment of this Agreement or the rights hereunder by Client, all of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns.
CHOICE OF LAW; EXCLUSIVE VENUE: This Agreement shall be construed in accordance with the laws of the state of California, and the parties agree that should any dispute arise concerning this Agreement, venue shall be laid exclusively in a court of competent jurisdiction in San Diego County, State of California.
HEADINGS: Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver. No waiver of any breach or default of this Agreement by either party hereto shall be considered to be a waiver of any other breach of default of this Agreement.
ENTIRE UNDERSTANDING: This document and any exhibit, schedule, or other supplementary document attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.
ATTORNEYS’ FEES: In the event a dispute arises between the parties hereto, then the prevailing party in such dispute, whether or not a final decision is ultimately rendered by the court, shall be entitled to receive its attorneys’ fees reimbursed from the non-prevailing party.
NO THIRD PARTY BENEFICIARIES: The covenants, undertakings, and agreements set forth in this Agreement are solely for the benefit of and enforceable by the parties or their respective successors or permitted assigns.
SURVIVAL: The sections of this Agreement that address or govern matters or circumstances that could occur after termination of this Agreement shall be interpreted to survive any such termination.
EXECUTION: This agreement is executable upon successful payment from Client. By purchasing Software, coaching and/or consulting services from Nine Step Marketing or any other property held by Nine Step Marketing, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations.
Software Platform Services
Nine Step Marketing provides a multitude of product integrations and services (the “Services”) on the Platform, which you may subscribe to through the Platform. All references to the Platform include the Services. All Services are subject to these Terms of Service as well as the additional provisions below. The terms in these Terms of Service govern to the extent there is a direct conflict.
Right to Modify the Services. We reserve the right to implement new elements as part of the Services, including changes that may affect the previous mode of operation of the Services. We believe that any such modifications will enhance the overall Services, but it is possible that your opinion may vary.
No Contingency on Further Releases and Improvements. You understand that your purchase of Services on or through the Platform is not contingent on the delivery by us of any future release of any functionality or feature, including but not limited to the continuation of a certain Service beyond its current subscription term, or any third-party services.
As-Is. The Platform is provided on an as-is basis, except as expressly provided otherwise in this Agreement.
Features. Features and terms used in connection with the Platform and Services such as “power dialer” may have some resemblance to those provided by others, but our Platform features and terms are specific to our Platform.
Additional Terms. Additional terms may apply to specific services and programs offered by Nine Step Marketing on the Platform. To the extent there is a conflict, these Terms of Service will take precedence.
Fair Use Policy
We strive to provide the Nine Step Marketing as a Software as a Service Application fairly to all our Users while maintaining correspondingly high levels of quality. In order to do so, we maintain this Fair Use Policy which applies to all Users.
The Service contains many features with varying effects on shared processing resources and data generation. Under this Fair Use Policy, we establish—in our sole discretion—“outer-bound” parameters intended to maintain the quality, availability, stability, uniformity, and performance of the Service (the “Parameters”). Nearly all Users (99%+) regularly fall well within the Parameters. Exceeding the Parameters may result in (i) throttling or limitation of access to the Service, with or without warning; and/or (ii) additional costs as may be set forth in an applicable Order Form. all customers are required to comply with usage and content restrictions.
If our team or system determines that you fail to comply with this Fair Use Policy, we may first lock your workspace and issue you a warning. Continued failure to comply may result in account suspension or cancellation, at our sole discretion.
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Software Platform Limited License And Prohibited Uses
Nine Step Marketing grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content while using the Platform. Except to make the Services available to you and your end users, as expressly permitted under these Terms of Service, any other use, including the reproduction, modification, distribution, transmission, republication, framing, display, or performance of Platform Content without prior permission of Nine Step Marketing is strictly prohibited. You may not remove any Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Platform Content.
You, your employees, and your end-user clients (“Clients”) may use the Platform only for lawful purposes and in accordance with these Terms of Service. You agree that you, your employees, and your Clients will not:
Use the Platform or any Services in any way that violates any applicable law or regulation.
Use the Platform or any Services for the purpose of exploiting, harming, or attempting to exploit or harm anyone in any way.
Send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Service.
Transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam