Terms of Use - Margaux Agency | SEO for Fitness

Terms of Use

By clicking the “Purchase” button, you, the purchaser of a product or other service from margauxagency.com (hereinafter “Customer”) acknowledge the terms as outlined herein. You agree you are voluntarily entering into a binding legal agreement with Margaux Agency (hereinafter “Agency”), inclusive of the following terms and conditions mutually agreed upon: 

Please review these Terms of Use fully and completely prior to completing your purchase – by completing such purchase you are acknowledging your review and acceptance of this document in full, as well as our Terms & Conditions and Privacy Policy. If you do not intend to agree to these terms, do not complete your purchase. You as the Customer confirm you have conducted any additional research necessary to feel you understand the terms herein, and what is/is not included in your purchase today.

 

Reviews 

Agency may allow customers to post reviews of our Products, to be published on Agency’s website, or on various sales materials for website or other products created by Agency. Customer understands that he or she is not required to give a review, and understands that the choice to do so is freely up to Customer. If Customer provides Agency with a review, Customer understands the material will likely be published on Agency’s website and used in various social media channels. No payment or additional services will be provided in exchange for a review, and Customer understands he or she is granting Agency an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Agency in any review provided. 

Payment and Payment Plans

Customer understands the cost of the product being purchased is payable in full, in U.S. dollars, and must be successfully processed before Agency or the relevant third party will ship the purchased product(s). There are no payment plans, or other agreements in place whereby Customer will be able to receive a product prior to payment being made in full, via the Website. If Customer is located in another country, Customer will be responsible for any additional amounts owed due to dollar conversions, which should populate on Website automatically, but may be different from the advertised price in U.S. dollars. 

Shipping

Applicable estimated shipping charges will appear and automatically populate on website prior to customer’s purchase. The cost of shipping goes towards shipping the item only and not towards any additional customs fees and/or taxes that may be charged for international delivery. The Customer is liable for any additional customs fees and taxes necessary to receive the package. Import duties, taxes, and charges are not included in the item price or shipping cost. These charges are the buyer’s responsibility. Please check with your country’s customs office to determine these additional costs prior to purchasing. 

Agency reserves the right to adjust any shipping costs, methods, or couriers at its sole discretion, and does not constitute a breach or entitle customer to a refund of products. International purchases may take longer to update and ship, and may include amended charges for shipping if third-party carrier makes changes. If customer enters address wrong, or otherwise makes an error, it is up to the customer to contact the applicable third-party and track down the order using the tracking number. Please allow up to 24 hours for an order to be processed. 

Refunds / Exchanges / Returns

Unless item is damaged, or order was incorrect, please note all sales are final and may not be returned, canceled, or exchanged. If the item is damaged, or the incorrect item was received, please email us within seven (7) days of the date your order is received at [email protected] and provide your name, order number, and describe the issue with your order. If possible, please also attach a photograph of the incorrect or damaged item received. The item may only be returned if unused – including damaged or incorrect orders, so if you notice any issues with the order, please DO NOT USE it, and contact us immediately. If your order qualifies for a return or exchange, and you are within the United States, we will send you a prepaid shipping label for you to return the damaged or incorrect item to us. Once we receive the item(s), we will ship out the correct or replacement item(s) as soon as possible. If the item(s) are out of stock, we will ship them to you as soon as the inventory is restocked. 

Technology / Inventory 

Customer agrees to receive any communication from Agency – whether in regards to a pending order, customer service inquiry, or otherwise – electronically via email to the email address provided by Customer at checkout, or when the inquiry was made, and such communication shall be considered “in writing” to ensure compliance with any legal requirements, as applicable. Customer has the responsibility and burden to ensure all information provided to Agency is truthful, accurate, and updated. Should Customer fail to enter accurate information, either intentionally or in error, Customer shall bear the responsibility to discover and fix such issue. Agency shall not be responsible for any interruption in service or product shipment due to Customer information error. To the extent necessary, Agency may cancel, suspend, or otherwise end Customer’s order if Agency feels (in its sole and exclusive right) that any information is suspected fraud, or otherwise incorrect. 

Voluntary Participation

Customer understands and agrees that he/she is voluntarily choosing to purchase from Agency and is solely responsible for any outcomes or results. While Agency believes in the products offered, Customer acknowledges and agrees that Agency is not responsible nor liable to Customer should Customer sustain any injuries, incur harm, or encounter any negative ramifications, other than that which is required by law. Customer agrees that he/she is fully responsible for his/her own decisions, including the decision to purchase any one or more product(s) from Agency, and has independently decided that such product is right for him/her.. 

Disclaimer / No Guarantees

Agency cannot guarantee results or satisfaction from any product offered and cannot make any representations or guarantees regarding individual results. Customer will hold Agency harmless if he or she does not experience the desired results, or if product is not as he/she desired, as long as the product received is that which was advertised on website, and that which was ordered by customer. 

Customer understands that all products provided by Agency herein 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. Customer is choosing to purchase the relevant product from Agency on a purely voluntary basis and does not hold Agency responsible should Customer become dissatisfied with any portion of his/her purchase. 

Customer 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 use of Product, other than any such guarantees made by Agency, as long as Agency delivers the product as described and pictured on website.

Customer also agrees to hold Agency harmless should any physical, emotional, or financial injury occur as a direct or indirect result of use of the product purchased. The product(s) offered for sale are those which may or may not be useful to Customer in his/her personal business or life. Customer understands Agency cannot guarantee results from use of a product, and has no expectation of a specific result that he or she holds Agency responsible for. 

Intellectual Property 

Unless otherwise noted, Agency maintains all copyrights and other intellectual property rights in all original work associated with or included in the products for sale, including but not limited to: artwork, design, documents, processes, worksheets, copy for website or sales pages, and any other original work created by Agency. Customer agrees she may be granted a limited right to use selected materials with his/her purchase but understands that the original proprietary rights remain with Agency. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Agency to Customer, nor grant any license to use the information.

Customer 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 Agency or obtained through working with Agency, without Agency’s express written consent. If such behavior is discovered or suspected, Agency reserves the right to immediately terminate customer’s account without refund, as well as access to any other materials Customer may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.  

 Indemnification

Customer agrees at all times to defend, fully indemnify and hold Agency and any affiliates, agents, team members or other party associated with Agency harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Customer’s use of Agency’s product, 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 Customer’s purchase. Should Agency be required to defend itself in any action directly or indirectly involving Customer, or an action where we decide Customer’s participation or assistance would benefit Agency’s defense, Customer agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Agency, free of charge.

Dispute Resolution 

Should a dispute arise between Agency and Customer, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Customer agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Agency responsible for any specific results, or those results which have been achieved by other Customers of Agency.) 

If unable to reach a resolution informally, Customer and Agency agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Long Beach, California within a reasonable amount of time. Customer and Agency 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 Customer. Customer understands this and agrees that the laws of California are to be applicable here.