Marketing Fit Terms & Conditions

Please Review the Terms & Conditions
Before Purchasing Products or Services from Marketing Fit / Caprica
Marketing Fit Inc. Terms & Conditions

Please read the following terms and conditions fully. By purchasing our product or service, you are acknowledging that you have read, understood and agree to all terms and conditions. 

These Terms and Conditions (herein referred to as AGREEMENT) cover the products, programs, courses, workshop, membership websites, events, teleclasses and services (herein referred to as CONTENT) sold by Marketing Fit Inc., also doing business as Savia Lane, Caprica, Virtual Event Success, Online Profit Success and Caprica Interactive Marketing (herein referred to as COMPANY) of Toronto, Ontario, Canada as appropriate to your transaction (herein referred to as CUSTOMER).

The CONTENT purchased on this website, at an event, or over the phone is considered final unless the AGREEMENT is canceled within three (3) business days from the order date (excluding Sundays and American/Canadian holidays). The cancellation must be a signed and dated request by from the CUSTOMER stating that you are canceling the AGREEMENT as executed, and must be received by mail, e-mail (helpme@marketingfit.com), ticket (www.marketingfit.com/helpdesk) or fax 866-324-6344 within three (3) business days from the order date as substantiated by the credit, debit card or PayPal processing date. 

Refunds are processed within 30-60 days from the date the CUSTOMER requested a refund. The CUSTOMER will receive an email and/or mail when the refund has been processed. Please note that refunds processed by the COMPANY may not be reflected on the CUSTOMER's credit card statement for up to 60-days after the date that the refund was posted. Once the refund has been processed by the COMPANY and the CUSTOMER has received notice of this refund by email and/or mail, the CUSTOMER must contact their credit card company for information on when the refund will be posted to their credit card. 

In order to participate in the program or products offered by the Company, the CUSTOMER must have access to the world wide web, either directly or through devices that access web-based content. In addition, you must provide all equipment necessary to make such connection to the world wide web, including a computer and modem or other access device. It is your sole responsibility to have, maintain and use a computer that is considered customary and standard complete with a browser, free version of Flash, free version of QuickTime, and free version of Acrobat Reader to participate in products and programs offered by the COMPANY. It is the CUSTOMER’s responsibility to troubleshoot any issues that may prevent the CUSTOMER from accessing the COMPANY's content on the world wide web. You are solely responsible for all charges associated with connecting to the Company’s websites through an available access number and internet connection.

We accept payments online using PayPal, Visa, Mastercard, Discovery, American Express or bank to bank electronic transfer. We regret we cannot accept check or cash payments at this time.

Possession, participation or use of any book, content or program does not give the CUSTOMER rights to use any process or steps with its clients to develop communications or a business from, or to derive income through this process. CONTENT is not to be distributed, quoted (except for reviewing purposes), or recreated, in whole or in part, without the express written consent of the COMPANY. CONTENT is sold with the understanding that the COMPANY is not engaged in rendering legal, medical, accounting, or other professional services. If legal or other expert assistance is required, the services of a competent professional should be sought. CUSTOMER agrees that any purchases made are non-transferrable and can only be used for the CUSTOMER’s individual access to the program, unless otherwise stated.

Specifically:

A. Products and Programs

1. Due to copyright laws, CDs and DVDs in opened packages are non-refundable. Products containing CDs, DVDs may only be exchanged for the same item if there’s a defect or if the wrong item was mailed to you.

2.  All physical products, books, workbooks, transcripts, CDs, etc., are 100% guaranteed against defects in workmanship. Please notify us within five (5) business days, excluding Sundays and American/Canadian holidays, of receipt of any product's defects so that we may replace the products at no cost to you. 

3. In unlikely event of damage during shipment or receipt of the wrong product, please contact the COMPANY by email at helpme@marketingfit.com, through the help desk at www.marketingfit.com/helpdesk or by phone at 866-324-6344. Once your order is confirmed, a replacement will be shipped. You are required to return the damaged product to:

Returns

For Canadian Customers:
c/o Marketing Fit Inc
283 Danforth Avenue, Suite 133
Toronto, Ontario M4K 1N2
Canada

For United States / International Customers:
c/o Marketing Fit Inc
P. O. Box 174 
Baltimore, Ohio 43105
U.S.A.

4. If the damage product is not received within thirty (30) days you will be charged for the replacement shipment.

5. If free shipping is indicated when purchasing any product, that product will be shipped ground or surface transportation, and free shipping is not available outside of Canada or the United States. Regardless of the method of shipment, paid or free, international tariffs, brokerage or custom fees or duties are not included and are the responsibility of the CUSTOMER.

6. Every effort will be made to process your order within 1 business day if received by 12:00 PM ET and based on availability unless an out of stock condition exists, all others within 2 business days, weekends and American / Canadian holidays excluded, after which delivery will be based on the shipping service that the CUSTOMER selected. The shipping duration will be based on availability, the carrier and shipping method you select. If shipping is delayed or lost due to inaccurate or incomplete customer information, the CUSTOMER must place a new order. Otherwise, if shipping is delayed or lost due to the carrier or processing, the COMPANY will replace the order and ship it at no cost to the customer.

7. In the event that the CONTENT is out of stock, the COMPANY will notify the CUSTOMER immediately. The CONTENT will be shipped as soon as possible. 

8.  If your order is International (outside of Canada & the United States) or ships to an address different than the billing address, the CUSTOMER is required to fax a note referencing the CUSTOMER order number and authorizing the alternate shipping address. In addition, include a copy of the front and back of the credit card and fax the note and credit card copies to 866-324-6344.

9.  Order data and information entered via the web site is the sole responsibility of the CUSTOMER. The COMPANY can not guarantee that any emailed or faxed shipping addresses will be stopped prior to shipment. Any shipping delays and costs for re-direction or re-shipping including product cost is the responsibility of the CUSTOMER. The COMPANY can not guarantee email delivery of any notice, and non-receipt is not a reason for a refund. Call 866-324-6344 or open a ticket at www.marketingfit.com/helpdesk if the CUSTOMER suspects not receiving email notices.

10.  If a payment plan is chosen for any product or service and any of the scheduled payments are not received, the COMPANY reserve the right to refuse entry into any tele-class, tele-course or one-on-one meetings that may be a part of the product or service. Once all payments have been made entry will resume.

11. Products images that accompany digital products, such as MP3 files, PDFs, online videos and other downloadable content are for illustrative purposes only. The CUSTOMER must review the information page carefully to understand what will be delivered. 

B. Training Programs – Virtual Event Marketing Blueprint, Virtual Event Launch Secrets, Build a Virtual Event Platform, Virtual Evetn Telesummit and Other Virtual and Non-Virtual Workshops, Events & Teleclasses

1. Any workshop, seminar or teleclass must be paid in full or current in the payment plan a minimum of two (2) business days prior to the start of the desired workshop, seminar or teleclass. All workshop, seminar or teleclass fees are non-refundable but can be transferred to another workshop, seminar or teleclass date if notified ten (10) business days prior to the start of the workshop, seminar or teleclass. Otherwise any workshop, seminar or teleclass fee cannot be transferred, and is non-refundable.

2. Anyone transferring from one workshop to another will be charged a $35 transfer fee, due and payable at the time of the request. All transfers expire within one (1) calendar year from the original date of purchase as substantiated by the credit, debit card or PayPal processing date. 

3. All special pricing offered and committed to at any workshop must be paid within two (2) business days. Otherwise, the regular retail prices published on this site shall prevail. Any special pricing products or services can be purchased, paid for and used for up to six (6) months in the future.

4. Any CONTENT purchased at an event or workshop produced by the COMPANY or any other promoter are considered final unless the agreement is canceled within two (2) business days from the order date (excluding Sundays and American / Canadian holidays). The cancellation must be a signed and dated request by the CUSTOMER, the buyer, stating that you are canceling the agreement as executed and must be received by mail, e-mail (helpme@marketingfit.com), via a ticket opened at http://marketingfit.com/helpdesk or fax (866-324-6344) within two (2) business days from the order date.

5. By attending a workshop or teleclass, the CUSTOMER agrees to grant the use of your likeness or voice or text quote for promotional use of any process or program. CUSTOMER further agrees that all right, title to, and interest in films, videotapes, photographs, recordings and transcripts of your appearance, voice and words, as well as any and all elements thereof shall be the COMPANY’s sole and exclusive property, including, without limitation, the right to edit, copy, exhibit, transmit, perform, license, sell and otherwise exploit all or any portion thereof in any and all media, whether now or hereafter known, throughout the world in perpetuity, without restriction or limitation. Wherever possible, the CUSTOMER’s likeness, voice or text will be credited with the CUSTOMER’s name, business or website. If the CUSTOMER sees the use of your likeness or voice or text quote, and would prefer that it not be credited with your name, business or website e-mail helpme@marketingfit.com or open a ticket http://marketingfit.com/helpdesk or fax 866-324-6344 and let the COMPANY know.

6. Any previous fully-paid CUSTOMER may personally attend the same workshop, event or teleclass for 50% of the current fee. This benefit is non-transferable.

7. Information on how to access the CONTENT hosted by the Company is delivered by email. This helps the COMPANY get the information to the CUSTOMER quickly. The COMPANY can not guarantee email delivery of any notice, and non-receipt is not a reason for a refund. Call 866-324-6344 or open a ticket at www.marketingfit.com/helpdesk if the CUSTOMER suspects not receiving email notices.

8. Once a live workshop, event or teleclass has started, no registrations will be accepted. The CUSTOMER will have to wait until the next scheduled live workshop, event or teleclass to participate.

9. Guarantees – We have a guarantee that’s unique from other internet marketing companies. We offer a 100% guarantee to be committed to your success and to overdeliver the content we promise. If you want to achieve your marketing and sales goals using virtual events, you have to participate in the training, complete all the modules and ask lots of questions. If after our time together, you feel that you didn’t get the value you paid for, send an email to helpme@marketingfit.com or open a ticket at www.marketingfit.com/helpdesk before the workshop, event or teleclass ends and Leesa Barnes will give you 3 hours of personal one-to-one personal coaching over the phone to help you complete your work (a $3000 value). 

C. Coaching Programs – Mentoring With Leesa, Ask a Virtual Event Expert

1.  Coaching is extremely limited and by application only.

2.  CUSTOMER agrees to avail of and pay for, the complete Coaching. Once coaching is full, approved applicants will be put on our waiting list until a spot is made available.

3.  CUSTOMER is solely and wholly responsible for any decisions made or actions taken or initiated by them that may be motivated by or as a result of any materials, mentoring, coaching and advice received during their coaching.

4.  Coaching fees are payable in advance and may be paid in a single payment or consecutive monthly payments as determined by each program. Paying monthly by installments does not entitle the CUSTOMER to terminate this agreement, except in the circumstances set out below. If payments are not made in accordance with the agreement, all services will halt and all necessary action will be taken, at the CUSTOMER's cost, to collect the unpaid fees, including but not limited to interest and penalties, Collection Agency fees, tracing fees, legal fees and any additional costs pertaining to the outstanding debt.

5. Coaching appointments can be cancelled with 3 business days notice. If the coaching appointment is cancelled twice, it will not be rescheduled and fees are non-refundable and non-transferrable.

6. Travel fees are the sole responsibility of the CUSTOMER. Fees incurred due to travel cancellations are the sole responsibility of the CUSTOMER. 

7. Except for Mentoring With Leesa, all coaching is held over the phone.

D. Membership Programs – Six Figure Podcasting, Association of Virtual Event Managers, Organizers & Hosts (AOVEM)

1. Your Membership in the membership program is nontransferable. CUSTOMER agrees that only you may use the Membership. CUSTOMER will promptly notify the COMPANY if the CUSTOMER becomes aware of any unauthorized use of your Membership. 

2. All entrances are recorded. If you give your username and password to anyone else or allow others to enter, your membership will be terminated.

3. None of the content provided by the COMPANY can be downloaded, resold, transferred, shared or made available in a storage retrieval device to be accessed by others. CUSTOMER may not sub-license, assign, download or transfer this license to anyone else. 

4. Audio content in the archives cannot be downloaded. The CUSTOMER can playback the audio from the webpage. New content added to the membership club by the COMPANY can be downloaded in an MP3 format for a period of 15-days. Once the time period has expired, the audio content is moved into the archives.

5. CUSTOMER may not claim intellectual, copyright or exclusive ownership to the COMPANY’s content, modified or unmodified. All content is the property of the COMPANY.

6. In order to permit the COMPANY to protect the quality of the Site, the CUSTOMER hereby consents to the COMPANY’s employees being able to access the CUSTOMER’s account and records as necessary to investigate complaints and other allegations or abuse. The COMPANY shall not disclose the existence or occurrence of such an investigation unless required to by law. 

7. The length of membership is quarterly (90 days) or annually (365 days). During this time period, the CUSTOMER will have full access to all products and content in the membership program. Once the period has passed, the membership will renew automatically on the CUSTOMER’s anniversary date. 

8. All of the following will be considered unauthorized use and will be a basis for termination:

(a) CUSTOMER may not place any of our content, modified or unmodified, on a diskette, CD, website or any other medium and offer them for redistribution or resale.
(b) CUSTOMER may not share your username and password.
(c) CUSTOMER may not distribute any content for free.
(d) CUSTOMER may not copy text or images from the the COMPANY's website. 
(e) CUSTOMER may not use the the COMPANY's servers for spam, adult material, harassment or any illegal content or activity.
(f) CUSTOMER may not use bots or software to scan and download the SITE or its content.
(g) CUSTOMER may not provide false or misleading information concerning your identity.

9. As consideration for the services you have selected, you agree to pay to us the applicable membership fees through our authorized payment processors. All fees payable re non-refundable. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You, by completing and submitting this Agreement represent that the statements in your application are true.

10. If you choose not to renew, all access to the Site is terminated at that time. Continued use of any of these privileges, will be considered a copyright violation and theft and basis for legal action. Termination of membership for any reason shall not entitle the CUSTOMER to any refund of membership fees paid to date.

11. In the event that the the COMPANY considers or determines, in their complete discretion, that the CUSTOMER has breached, violated or contravened the TERMS or has otherwise demonstrated inappropriate conduct in the use of the Site or the content or services the COMPANY reserves the absolute right to:

(a) warn the CUSTOMER that they have violated the TERMS and ask the CUSTOMER to discontinue such conduct;
(b) discontinue the CUSTOMER's membership of the site and/or any other related services, including the Site; and
(c) take measures (including terminating, suspending or restricting the CUSTOMER’s use of the Site) to prevent the CUSTOMER from using the Site or linking to the Site.

E. Technical Implementation – Wordpress Blog Setup

1. The CUSTOMER agrees to purchase a domain name before work begins. The domain name must be purchased within 10 business days from the order date as substantiated by the credit, debit card or PayPal processing date. If the CUSTOMER does not purchase a domain name within 10 business days, the contract is voided and fees are non-refunded or non-transferrable. 

2. The CUSTOMER agrees to provide the COMPANY with the username and password to access the domain name so that the nameserver can be updated to point the domain name to the COMPANY's server.

3. Once the blog is setup, the CUSTOMER will receive the administrative username & password to access the dashborad of their blog. Please keep your administrative username and password in a safe place. The COMPANY reserves the right to charge the CUSTOMER a fee of $50 for each username & password request. 

4. The COMPANY will implement a Wordpress blog with no customizations. Up to 3 plug-ins will be installed and activated only once. Editing of the plug-in settings is the responsibility of the CUSTOMER. Please choose your plug-ins wisely because deactivation and activation of additional plug-ins is not covered in this agreement.

5. The blog will be set up on the COMPANY's server for a period of 90-days. The CUSTOMER will get an FTP username & password to access the folder that contains the blog. This will allow the CUSTOMER to install additional Wordpress plug-ins and/or themes. If there are new versions of Wordpress released during this 90-day period, the COMPANY will upgrade at no extra charge. After the 90-days are up, the CUSTOMER has 10 business days to move their blog to a new server or the COMPANY can do this move for $150 USD. If the blog is not moved within 10 business days, the COMPANY reserves the right to delete the CUSTOMER blog from the COMPANY server.

6. On going maintenance of the CUSTOMER blog is not covered in this agreement. This includes writing or publishing blog content, customization of settings, adding new users, creating or editing passwords, exporting or importing data, addition of images, creating of a banner or any other maintenance not covered in 

7. Blog consultation is not in the scope of this agreement. The COMPANY can refer the CUSTOMER to blog consultants and or online blog training.

8. All communication for this program will take place via the Marketing Fit helpdesk at http://marketingfit.com/helpdesk. There is no phone or email support.

9. The timeline for this blog project is 15 business days from the order date as substantiated by the credit, debit card or PayPal processing date. If the CUSTOMER delays in responding to requests made by the COMPANY then the project will be cancelled and fees are non-refundable and non-transferrable. If the COMPANY delays in providing information to the CUSTOMER, the COMPANY will inform the CUSTOMER by email and a new timeline will be shared.

FEES
Fees for CONTENT may increase, but no more than once in each year. The COMPANY will give the CUSTOMER one month's notice in writing of any proposed increase in CONTENT. 

DENIAL OF ACCESS
This agreement is effective unless and until terminated by the COMPANY. If the CUSTOMER fails to comply with any term or provision of this AGREEMENT, the CUSTOMER agrees that the COMPANY, in our sole discretion, may terminate the CUSTOMER’s access.

MODIFICATION OF THE TERMS & CONDITIONS
The COMPANY reserves the right to change or modify this AGREEMENT at any time and the CUSTOMER’s continued use of the programs and services will be conditioned upon the AGREEMENT in force at the time of your use. 

COPYRIGHT & TRADEMARK NOTICES
You acknowledge that the information, software, photos, video, text, graphics, music, sounds or other material (collectively, "content") that are protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All content is copyrighted by Caprica and Marketing Fit. 

THIRD PARTY LINKS
To enhance the value of you’re the content provided to you, the COMPANY may display links to websites sponsored by third parties ("Third Party Sites"). If you click on one of these links, you will be taken to a website not controlled by the COMPANY. The COMPANY is not responsible for the content or operation of Third Party Sites reached by virtue of such links.

EXCLUSIONS & LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

INFANCY
You attest that you are of legal age to enter into this AGREEMENT.

GOVERNING LAW
This AGREEMENT shall be governed and construed in accordance with the laws of the Province of Ontario without giving effect to the choice of law provisions thereof. Any dispute arising between the CUSTOMER and the COMPANY will be resolved by submission to arbitration in Toronto, Ontario, Canada. Notwithstanding the foregoing, nothing in this AGREEMENT is intended or shall be construed to negate or otherwise affect the consumer protection laws of the state in which the CUSTOMER resides.

CONTACT US
If you have any questions, comments or concerns regarding this AGREEMENT and/or practices, please contact us at the following email address helpme@marketingfit.com or by opening a ticket at http://marketingfit.com/helpdesk or write us at:

Marketing Fit Inc.
133-283 Danforth Avenue
Toronto, Ontario M4K 1N2
Canada

Last updated on January 1, 2010

Copyright © 2009-2010 Marketing Fit Inc. All Rights Reserved
Disclaimer: Every effort has been made to accurately represent our program and its potential. Any claims made of actual earnings or examples of actual results can be verified upon request. The testimonials and examples used are exceptional results. It doesn't apply to the average purchaser and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual's success depends on his or her background, dedication, desire and motivation. As with any business endeavour, there is an inherent risk of loss of capital and there is no guarantee that you will earn any money.