Terms of Use: InstaSuccess/Branded Academy (“IS”)

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of the “InstaSuccess” outlined below (hereinafter “you” or “Client”) agree and willingly purchase entry into this program to be provided with services rendered by Pierson Media (hereinafter “Pierson Media” or “PM”), and you agree you are voluntarily entering into a legally binding Agreement with Pierson Media, inclusive of the following terms and conditions mutually agreed upon:

For good and valuable consideration of $2997.  (Client is electing to purchase the digital program entitled “InstaSuccess” (hereinafter “IS” or “Program”). In exchange, Pierson Media agrees to provide the services outlined in the Program Details below, and Program Outline Addendum attached hereto.

Program Outline:

• Client agrees and understands that he/she is purchasing the InstaSuccess by Pierson Media, a 4 module digital program (currently featuring 4 “core” modules, and 4 “bonus” modules) designed to walk you step by step on how to generate customers on Instagram. Created by community-building expert Brodie Pierson, IS is one of the most comprehensive and advanced online education for Instagram. Whether you’re a pro or just starting out, IS will cover the primary strategies Pierson Media has used in order to generate customers on Instagram.
• Client acknowledges that he/she has read the Program Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in IS as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found on PM’s website.  
• If at any time Client is found to be disruptive, making disparaging or defamatory comments about Program, PM, or Brodie , or otherwise negatively impacting Program for others and hindering or distracting other Clients from their own success, PM reserves the right to remove Client from Program, without refund. Client understands this, and knows this is a risk if he/she elects to act in such an inappropriate manner. Client agrees this is a suitable remedy and action should he/she act in any of the ways outlined above.

Non- Disclosure

• Client understands that one of the primary elements in purchasing IS and learning from Pierson Media is the benefit of obtaining expert guidance, teachings, materials, and exercises PM has used to grow its own business and generate customers on Instagram. Following Client’s participation in this Program, Client will have gained access to various trade secrets and personal intellectual property of Pierson Media, including but not limited to materials such as verbal advice, mindset guidance, written templates, modules, technical information, business advice, and/or other information that may have become available for use through Client’s participation in IS. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in IS, without permission from Pierson Media or Brodie Pierson personally.
• Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through IS, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own business as a product or service being offered for sale, without express written permission of Pierson Media. Client also understands and agrees he/she will not disclose or use any information provided to Client as part of her membership in IS, other than for personal use in her own business without prior written permission from Pierson Media.

Testimonials

• Client understands and agrees that any and all commentary provided by Client on public social media profiles including those belonging to Pierson Media, Brodie Pierson, or  may be published and used as testimonials by Pierson Media. Client gives Pierson Media a non-exclusive license to use any such copy written by Client on PM’s social media profile, in email, or otherwise, and repost on Pierson Media social media channels, in advertisements for IS, or other similar channels for the specific purpose of promoting and showcasing IS client results.
• If Client chooses to write about positive experiences in IS, Client understands the material, along with Client’s name and other identifying information, will likely be published on Pierson Media’s website, social media, or otherwise. No payment or additional services will be provided in return for any such testimonial, and Client understands he or she is granting Pierson Media an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any such written testimonial.

Payment and Payment Plan

• Client understands the cost of the Program is payable in full, or via a payment plan option, which Client will select at the time of purchase:

• A one-time payment of nineteen hundred and ninety seven dollars ($2997 USD)  payable up front, in full; or
• Twelve (12) payments of two hundred and thirty nine dollars ($299) payable over twelve (12) months, totalling $3588 USD if this payment plan option is selected;
• Client agrees to render payment via credit card on Pierson Media’s sales and checkout page for IS. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via Pierson Media’s website or a designated third-party payment processor of Pierson Media’s choosing, in full.

• If Client elects to purchase IS via the offered payment plan, Client agrees to abide by the rules and payments as explained on Pierson Media’s sales page and within this Agreement. Client understands and agrees that following the first payment, subsequent payments will be automatically deducted each month, utilizing the same mode of payment that was used to make the initial payment, until the payment plan has been completed. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) the reminder of the Program may be forfeited if payment is not made within six days of the date it is due, and (2) Client will owe a $200 late fee if he/she has not made the appropriate payment after the six day grace period. Client’s decision to cease use of IS for any reason does not eliminate Client’s responsibility to complete the payment plan as agreed upon. Payment in full is required regardless of use, happiness with product, or results.
• Pierson Media reserves the right to cancel Client’s access to IS should he/she fail to make additional payments in accordance with the payment plan as agreed upon. Should this occur, Client understands she is not entitled to a refund of funds already issues to Pierson Media in exchange for work completed thus far, and it is up to the sole discretion of Pierson Media whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.

Refund Policy

• PM wholly believes in its product. It believes the methods work, but only if the Client is dedicated to the process. Nevertheless, PM offers a conditional 14-day refund under the following circumstances:
• In the event Client desires a refund, Client must contact the support team at [email protected] within the first fourteen (14) days from the date IS was purchased. Within this 14 day window, a representative from PM will schedule a call with Client to discuss the basis for the request, and provide Client with a refund request form to complete via typeform, that will allow client to submit any necessary evidence of coursework completed. Client MUST speak to a PM customer service rep to be able to receive a refund. Once a call has been offered, Client must accept and complete the call within 14 days of the date it is offered. Any and all requests for refunds will be decided by the PM team and within PM’s sole and exclusive discretion. If a refund is granted, Client can expect reimbursement thirty (30) days after cancellation of Program in the same manner in which payment was made, less a $250 cancellation fee. If a refund is not granted, Client understands he/she remains financially responsible for payment in full of Program, and as long Client has received the full IS course, Client has no further recourse regarding refunds.
• Client understands he/she will forfeit any and all access to Program and benefits if a refund is issued, including but not limited to Facebook group access (if applicable), group calls (if applicable), IS modules, and all other information included within Program.  
• Due to the subjective nature of the Program provided by Pierson Media, and Pierson Media’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Program, Pierson Media is not able to offer refunds after these 14 days. Please conduct any and all necessary research to determine if IS is right for you prior to purchasing – after the 14 day period, all purchases are final, and Client is responsible for the full payment of all program fees, whether or not Client completes Program. If Client purchased Program with a payment plan, all payments must be made.

Voluntary Participation

• Client understands and agrees that he/she is voluntarily choosing to enroll in IS and is solely responsible for any outcomes or results. Pierson Media is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health well-being, and business decisions, including participation in IS and any results therein, and agrees that any decisions to implement strategies, tactics, and information contained within IS is solely the responsibility and decision of Client.
• CLIENT BEHAVIOR: While Client is allowed to express his/her opinion regarding IS and Pierson Media, should Client make any false or disparaging comments within the IS Facebook group, to other members of IS, or otherwise publicly speak negatively about Pierson Media, Brodie Pierson and/or , or any other member of Pierson Media, or IS, Client may be removed from the IS community. Pierson Media places community and positivity at the forefront of their brand, and in order to preserve community standards and experience for other members, a customer who cannot abide by this may lose his/her access to the community. Client understands that any extensive negativity or similar disruption to the community in this way may result in removal from the Program and all relevant communities, with NO REFUND.

• Disclaimer

• Specific results are not guaranteed. Pierson Media cannot guarantee results of IS, and cannot make any representations or guarantees regarding individual results. Client will hold Pierson Media and IS harmless if he or she does not experience the desired results, including but not limited to generating customers on Instagram.  
• Earnings Disclaimer: Pierson Media also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is Pierson Media responsible for Client earnings, or any increase or decrease in finances based upon information within IS. Any information or testimonials regarding past or current clients’ working with Pierson Media contained on Website or in sales material that contain financial information are individual, and results may vary. Pierson Media is not able to learn and assess all clients’ businesses, personal sales models, and strategies outside IS and as such, have no way of ensuring that IS will work or be applicable to all individuals or businesses. It is your job as the consumer to assess whether IS will be right or beneficial for you, and is in no way the responsibility of Pierson Media, Brodie Pierson, or anyone else associated with Pierson Media.
• Client understands that all services provided by Pierson Media in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Pierson Media on a purely voluntary basis and does not hold Pierson Media or Program responsible should Client become dissatisfied with any portion of the Program.
• Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as Pierson Media delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Pierson Media and Client.
• Client agrees to hold Pierson Media harmless should any physical, emotional, or financial injury occur as a direct or indirect result of use of IS. The content provided by Pierson Media on his/her website and within IS is comprised of information that has worked for Pierson Media and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Pierson Media cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Pierson Media responsible for.

• Intellectual Property

• Client agrees and understands that Pierson Media has created numerous original, creative works in connection with the Program, and agrees that Pierson Media maintains all copyrights, licenses, and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: videos, modules, documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Pierson Media. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Pierson Media. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Pierson Media to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
• Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Pierson Media or obtained through working with Pierson Media, without Pierson Media’s express written consent. If such behavior is discovered or suspected, Pierson Media reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.  
• Licensee Rights: Pierson Media’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Pierson Media as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Pierson Media. As a “Licensee,” Client understands and agrees that Client will not:

• Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Pierson Media;
• Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by Pierson Media, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
• Claim any content created by Pierson Media as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Pierson Media was Client’s work, and use in his/her business as his/her own.
• Share purchased materials, information, content with others who have not purchased them.
• Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.

• Indemnification

• Client agrees at all times to defend, fully indemnify and hold Pierson Media and any affiliates, agents, team members or other party associated with Pierson Media harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Pierson Media be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Pierson Media’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Pierson Media, free of charge.

• Dispute Resolution

• Should a dispute arise between Pierson Media and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Pierson Media responsible for any specific results, or those results which have been achieved by other clients of Pierson Media.)
• If unable to reach a resolution informally, Client and Pierson Media agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Los Angeles, California within a reasonable amount of time. Client and Pierson Media agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.

Applicable Law

• This Agreement shall be governed by and under control of the laws of California regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of California are to be applicable here.

Amendments

• This Agreement may be amended and/or updated by PM from time to time as needed, to reflect the growth and updates to Program and services offered. Should any material changes be made, PM will notify all current Program users via the email address used to sign up, with continued use of Program to constitute acceptance and agreement to the updated Terms.

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