Terms of Service – LOAS Facebook Ads Agency, Implementation

Legion of Abundance Systems (TM) has entered into an agreement with Jackie Kossoff – Marketing & Design to provide custom Facebook Ads Implementation Services for our members. You are purchasing Jackie Kossoff – Marketing & Design’s products, programs, or services (collectively referred to as “Products”). The following Agreement is the Terms of Service for Products. Please read it carefully. If you do not agree to the following terms, DO NOT purchase Products. By purchasing Products, you are accepting the following Agreement, and you agree to and are bound by the following terms.  

  1. Parties:

For purposes of this Agreement, you (the purchaser) are referred to as “Client.” Seller, Jackie Kossoff – Marketing & Design, is referred to as “Company.”

Company is wholly independent from Facebook. Facebook is not a party to this agreement between Company and Client. Company has no authority to act on behalf of Facebook in any capacity. Facebook Business Manager Account, which Client must create, is separate and apart from this agreement. The money which Client provides to Facebook is separate and apart from the money which Client provides to the Company. Client’s obligations to pay money to Company is Client’s obligation separate and apart from Client’s obligation to pay Facebook. The Company has no control or possession of the money Client provides to Facebook.

  1. Term:

The engagement of services begins on the date of purchase and ends upon the approval by Facebook of the Facebook Ads Company implements. 

  1. Company’s Products:

Client has purchased Products, which includes: Implementation of Winning Advertising Strategies in your Facebook Business Manager.

  1. Payment:

Client agrees to pay a non-refundable set-up fee of $50. The Client may also choose to have the Company customize services for additional costs. These costs will be agreed upon by both parties.

  1. Delivery:

 Delivery of services will take place inside of Facebook Business Manager and communication will be delivered via email.

  1. Termination:

Company retains the right to terminate this agreement at will by written notice sent via email. Client may also request termination and must submit written notice of termination to [email protected]. 

  1. Refunds/Returns:

Company does not offer refunds or returns. Company’s services are separate from Legion of Abundance Systems (TM) and are not subject to their “money-back” policy.

  1. Confidentiality:

Any information discussed or any information either party comes to know during Company and Client’s work together is confidential. This does not include information that either party was aware of prior to executing this Agreement, nor does it include information that was gained by a third party, or information that was available to the public through no breach of confidentiality by Client. Confidential information may be shared if and only if waived by both parties in writing. 

  1. Release:

Company may take photographs, videos, audio recordings, or other recordings that Company may use for future commercial or non-commercial purposes through Company’s agreement with Legion of Abundance Systems (TM). 

  1. Intellectual Property:

Legion of Abundance Systems (TM) reserves all ownership rights to any materials including but not limited to documents, images, audio, and video, provided to Client through Client’s participation. Legion of Abundance Systems (TM) provides Company and Client with a single-user license authorizing Client to use the materials for their individual purposes only. Client agrees to not share, copy, distribute, disseminate, or sell the materials for either commercial or non-commercial purposes.

  1. Non-Disparagement:

Client agrees, during and after purchase of Products, to refrain from making any statements, whether oral or in writing, that negatively impact Legion of Abundance Systems (TM) or Company’s program, business, services, products, or reputation. In addition, Company agrees to refrain from making any statements, whether oral or in writing, that negatively impact Client or Client’s business.

  1. Assignment:

This Agreement shall bind both Company and Client and their respective heirs, legal representatives, successors, and assigns. Client may not assign its rights under this Agreement without express written consent from Company.

  1. No Guarantees; Disclaimer:

NO GUARANTEES: Company makes no guarantees about Company’s Products and the results that Client may have from purchasing Products. Client agrees that any statements made by Company regarding potential outcomes are opinions and are not binding on Company. Company may provide testimonials from previous clients, which is not to be relied upon to predict results in your specific situation. The results you experience will be dependent on many factors including but not limited to your level of personal responsibility, commitment, and abilities, in addition to those factors that you and/or Company may not be able to anticipate, such as the Facebook algorithm.

NOT LEGAL OR FINANCIAL ADVICE: At no time should any of Company’s services be considered a substitute for professional legal or financial advice. If at any time Client needs legal or financial services, it is Client’s responsibility to seek it out.

EARNINGS DISCLAIMER: Any information provided by Company regarding wealth, abundance, income, earnings, business profits or personal financial status is for informational purposes only. The information may provide real-life examples and/or hypothetical examples of possible outcomes, which are in no way guarantees of what will occur in your specific situation. As you know, financial outcomes depend on many factors including but not limited to your level of personal responsibility, commitment, and abilities, in addition to those factors that you and/or Company may not be able to anticipate. You agree that Company is not responsible for your success, or lack thereof. Your reliance on any information provided is done at your own risk.

  1. Warranties:

Both Company and Client warrant that they have full authority to enter into this Agreement.  Company warrants that its services will be provided by qualified people and in a competent manner in accordance with industry standards. Client warrants that it has any necessary permission, licenses, rights, and releases to lawfully execute its duties set forth in this Agreement. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES EITHER EXPRESS OR IMPLIED.

  1. Whole Agreement:

This Agreement constitutes the entire agreement between Client and Company.  This Agreement supersedes and cancels all prior or contemporaneous discussions, writings, negotiations, and agreements.

  1. Modification; Waiver:

The terms of this Agreement cannot be modified, supplemented, or amended unless agreed to in writing by all parties.  In order to make the waiver binding, the party making the waiver must execute it in writing. The waiver of a term in this Agreement shall not be considered a waiver of any other terms of this Agreement and shall not be considered a continuing waiver. The modification or waiver of one term of this Agreement does not affect any other term in the Agreement, regardless of its similarity. 

  1. Severability:

If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar.

  1. Limited Liability:

THE AMOUNT OF LIABILITY RECOVERABLE FOR ANY CAUSE OF ACTION THAT ARISES UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR SERVICES OUTLINED IN THIS AGREEMENT, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS BASED IN TORT, CONTRACT OR ANY OTHER THEORY OF LIABILITY.  UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY AGREEMENT: NOTWITHSTANDING THE PROVISIONS OF THE PARAGRAPH ABOVE, CLIENT PROMISES TO INDEMNIFY COMPANY FROM ANY AND ALL LIABILITY, LOSSES, DAMAGES, OR ACTIONS (INCLUDING THE COSTS OF DEFENSE AS AND WHEN INCURRED, INCLUDING, WITHOUT LIMITATION, THE COST OF SEPARATE COUNSEL) SHOULD ANY CUSTOMER OF CLIENT OR GOVERNMENT AGENCY BRING LEGAL ACTION AGAINST COMPANY IN CONNECTION WITH THE AD CAMPAIGN CREATED UNDER THIS AGREEMENT, AND CLIENT AFFIRMS THAT COMPANY IS NOT BEING ENGAGED TO REVIEW OR CONFIRM, AND DOES NOT HAVE THE EXPERTISE TO REVIEW OR CONFIRM, THE VALIDITY OR ACCURACY OF ANY CLAIMS THAT CLIENT MAKES ABOUT CLIENT’S PRODUCTS.

  1. Notices:

All notices and communications required or permitted under this Agreement shall be in writing and shall be deemed given when delivered by email to [email protected], addressed to the party’s principal place of business.

  1. Dispute Resolution; Costs and Fees; Applicable Law/Venue:

Any dispute arising under this Agreement will be resolved by an online mediation service that is agreed upon by all parties or by a mediation in California with a mediator agreed upon by all parties. The parties agree to complete mediation in good faith prior to pursuing any other available legal or equitable remedies. Parties agree that this Agreement shall be governed by and construed in accordance with the laws of California. Parties agree that the venue for any court proceedings arising out of this Agreement shall be in Los Angeles County, California. If Client sues Company and Company is successful, Client is responsible for Company’s attorney’s fees, in addition to any other relief to which Company may be entitled.