Disclaimer Statement

Please read this Disclaimer Summary Statement carefully before using the Website/Online Resources (sbmarketer.com), along with our Terms of Use, Sale & Service Statement, and Privacy Policy Statement.

This Disclaimer applies to everyone, including, but not limited to: visitors, users, followers, subscribers, customers, employees, contractors, affiliates, and others, who wish to access or use the Website/OR.

The use of sbmarketer.com (hereafter “Website/Online Resources” or “Website/OR”), which is owned and maintained by SBMARKETER / ABN: 34 897 135 674 (“SBMarketer,” “we,” “our,” “us”), is conditional upon your agreement, acceptance, and compliance with this Disclaimer – which features important information regarding our disclaimers of warranties and limitations of liability.

By accessing or using the Website/OR, you agree to be bound by this Disclaimer. If you disagree with any part of this Disclaimer, then you do not have our permission to access or use the Website/OR.

In addition to your agreement & acceptance of this Disclaimer, we require your agreement & acceptance to our Terms of Use, Sale, & Service (our Agreement), that are disclosed on the Website/OR.

Below is a summary of our disclaimer of warranties and limitations of liability for your convenience, which you may notice is also mentioned in parts throughout our Terms of Use, Sale & Service Statement (T&Cs).

If you use the Website/OR, you’re affirming that you are at least 18 years old or the legal age of consent in your country, state, or province of residence, you intend to operate a business in the near future, or operate a business now, & you have the legal capacity to enter a binding contract with us.

We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.

Your purchase order of product/s, or service/s, or subscription/s is conditioned on you re-affirming your acceptance of this Agreement and Disclaimer, and is considered a confirmation of your acceptance.

The T&Cs in this Agreement contains court & class action waiver provisions, that waive your right to a court hearing, or jury trial, or to join a class action. Mediation is the exclusive remedy for all disputes not settled by informal negotiation.

You agree that you do not have any ownership rights in any material we write, create/design, and own, or that’s protected by intellectual property laws, unless we transfer the ownership rights to you in writing.

As a subscription customer, generally you are not entitled to prorate your last month’s or last year’s use, nor will you be entitled to any refund for any subscription or service payments (full or partial payments) to SBMarketer. The remedy for unused subscriptions, services, or products purchased, that are delayed outside of our control, is a credit voucher valid for 12 months.

When ordering products or services, SBMarketer does not warrant that product/service descriptions are 100 percent accurate, complete or error-free.

Our descriptions and references to website technologies, marketing systems, and business systems, not owned by us are not intended to imply a warranty by SBMarketer, or mean that these systems and technologies will never breakdown, or need to be upgraded, or changed in the future.

Every online business is different, offering unique products & services, applying different marketing strategies from personalised business systems and structures, therefore, results will vary between each user/business.

YOUR INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, THESE INCLUDE YOUR SKILLS, CONTENT, SYSTEMS, BUSINESS MODEL, & PRODUCT/SERVICE OFFERS.

SBMarketer does not promise, guarantee, or warrant your business success, income, sales, or timeframe to become an entrepreneur online. You understand we cannot & do not guarantee your business success, or online success, which is based upon many individual, business, & market factors we have no control over.

You are solely & exclusively responsible for complying with all applicable laws & regulations in running your business, including but not limited to, all laws governing business agreements & contracts, advertising, marketing, spam, privacy, subscriptions, telemarketing, & taxation.

SBMarketer shall have no liability for your violation of any laws. You agree to indemnify SBMarketer in the event that you and/or your business violates any law and a claim is threatened or asserted against us as a result.

You are solely responsible for ensuring compliance to laws for electronic messaging (opt-in consent & opt-out method), misleading advertising, & data privacy for all recipients to whom you send digital messages, using our recommended systems, products, or services.

You agree to indemnify & defend SBMarketer from any claims, damages, losses, & lawsuits of any kind or nature that may be made against us relating to your violation of any law, or third-party rights, by use or misuse of any messaging software/hardware, whether it was configured by us or not.

SBMARKETER DOES NOT WARRANT THAT THE RECOMMENDED WEBSITE, MESSAGING & BUSINESS SOFTWARE WE USE WILL BE COMPATIBLE WITH YOUR BUSINESS SYSTEM, OR INTEGRATE WITH YOUR BUSINESS SYSTEM, OR OTHER THIRD- PARTY SOFTWARE YOU INTEND TO USE OR USE.

YOU ARE SOLELY & EXCLUSIVELY RESPONSIBLE FOR THE EFFECTIVE INTEGRATION OF WEBSITE, MESSAGING, & BUSINESS SOFTWARE INTO YOUR BUSINESS, INCLUDING THE PAYMENT OF THIRD-PARTY SUBSCRIPTIONS, & THE LEGAL USE OF ALL WEBSITE, MESSAGING, & BUSINESS SOFTWARE/HARDWARE REQUIRED.

We reserve the right to amend this Disclaimer Summary Statement at any time without any prior notice to you. Check back on this page for the latest updates.

The Website/OR & all content are provided on an “as is”, “as available”, basis without warranties of any kind, either express or implied, including but not limited to warranties of title, or implied warranties of merchantability, or fitness for a particular purpose.

We make no warranties, and expressly disclaim any and all representations and warranties, as to the reliability, timeliness, quality, suitability, availability, accuracy, and/or completeness of any information on this Website/OR.

WE DO NOT REPRESENT OR WARRANT, & EXPRESSLY DISCLAIM THAT:

(A) THE USE OF THE WEBSITE/OR/SOFTWARE, & MARKETING OR BUSINESS SYSTEM/SOFTWARE, WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER SOFTWARE, HARDWARE, SYSTEM, OR DATA;

(B) THE WEBSITE/OR/SOFTWARE, & MARKETING OR BUSINESS SYSTEM/SOFTWARE, OR OUR PRODUCTS, SERVICES, & SUBSCRIPTIONS, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;

(C) ANY STORED PERSONAL INFORMATION, OR DATA WILL BE COMPLETELY ACCURATE OR RELIABLE;

(D) THE QUALITY OF ANY PRODUCTS, SERVICES, SUBSCRIPTIONS, SOFTWARE, OR INFORMATION, PURCHASED OR OBTAINED BY YOU THROUGH SBMARKETER.COM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;

(E) INFORMATION OR TECHNICAL ERRORS OR DEFECTS IN THE WEBSITE/OR WILL BE CORRECTED IMMEDIATELY OR PRIOR TO NOTIFICATION;

(F) THE WEBSITE/OR, OR THE THIRD-PARTY SERVER(S) THAT HOST THE WEBSITE, OR THE MARKETING & BUSINESS SYSTEMS USED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

All conditions, representation & warranties, whether express, implied, statutory, or otherwise, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, & non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law.

You agree to protect, defend, indemnify & hold harmless SBMarketer, its owner, officers, & employees – & assign from & against all claims, demands, & causes of action of every kind without limit – arising out of your conduct.

Your indemnity obligation includes, but is not limited to, any third-party claim against SBMarketer for liability for payments for damages caused by, or other liability relating to you.

In no event shall SBMarketer, its owner, officers, employees, contractors, or agents – be liable for any indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs, or claims – arising from this Agreement, the Privacy Policy Statement, the Disclaimer Summary Statement, or our products, services, or subscriptions.

This includes your or a third-parties use or attempted use of the Website/OR, or any related software, service, or product. This limitation of liability applies regardless of whether SBMarketer has had notice of the possibility of such damages, fees, costs, or claims.

This includes without limitation, any loss of use, loss of content and resources, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or products, or any other indirect, special, incidental, punitive, consequential, or other damages.

This applies regardless of the manner in which damages are allegedly caused, and on any theory of liability, whether for breach of contract, tort (including negligence & strict liability), warranty, or otherwise.

In no event shall SBMarketer’s liability to you or your business exceed the amount of payments made by you to us, and received by us to our bank account, for the procurement of our products, services, or subscriptions.

SBMarketer’s limited liability excludes any payments you make to third-parties for items such as, domain names, website hosting, WordPress theme & builder, WordPress plugins, email marketing systems, email automation systems, & business systems.

SBMarketer’s limited liability may occur at our sole discretion, if we become incapacitated or can’t reach an agreement on the completion of the products or services, due to external circumstances outside of our control, e.g. if your content, image resources, or approvals are withheld for an unreasonable amount of time.

We retain the right to be compensated for our products & services provided, & our services completed (including subscriptions), in the event of any disputes or a decline in our relationship.

This Website may contain advertisements for information, products, and services that are provided by third parties. We make no representations, or warranties about the suitability of information, products or services contained on these advertisements for any purpose.

Our inclusion of such information, products, and services does not constitute their recommendation, or endorsement. When you click on an advertisement, you will be taken to a third-party website that is not controlled or managed by us. Therefore, you should read the Privacy Policy and Terms and Conditions of such websites.