DBA Mentor Program Liability Waver & Release

DBA MENTOR PROGRAM LIABILITY WAVER & RELEASE

This Disclaimer and Release (“Disclaimer”) along with the Terms of Service and Privacy Policy governs your access to and use of https://thedigitalbrandarchitects.com/ (“Website”) and participation in the Black Influencer Mentorship Program and courses including, without limitation, all content, programs, functionality, and services (the “Program” and collectively with the Website, the “Services”) owned and operated by DBA Media LLC (“Company”, “we”, “us”, and “our”). Capitalized terms not defined herein shall be as defined in the Terms of Service [https://thedigitalbrandarchitects.com/?page_id=1403&preview=true.] By using the Services, you accept and agree to be bound and abide by the Disclaimer. 

  1. Disclaimers
    1. The information contained or provided in connection with the Services are for educational and informational purposes only. 
    2. The information contained on the Website or provided in connection with the Services and the resources available for download through the Website or Services is not intended as, and shall not be understood or construed as, legal, financial, tax, or other professional advice. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with an attorney or other professional to address your particular information. The Company expressly recommends that you seek advice from an attorney and other professional prior to taking any actions. Neither the Company nor any of its officers, directors, employees, affiliates, and agents (“Company Parties”) shall be held liable or responsible for any errors or omissions on or in connection with the Services, or for any damage you may suffer as a result of failing to seek competent legal or professional advice from a licensed attorney or other professional who is familiar with your situation.
    3. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or Services or not. The Company provides educational and informational resources that are intended to help users of this Website succeed in business and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company. 
    4. From time to time, the Company may report on the success of one of its existing or prior clients/customers. The information about this success is accurately portrayed by the Customer. You acknowledge that the prior success of others does not guarantee your success. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of the Company or otherwise – applying the principles set out in this Website or Services are no guarantee that you or any other person or entity will be able to obtain similar results.
    5. As with any business, your results may vary and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. There is no guarantee that you will make any income at all and you accept the risk that the earnings and income statements differ by individual. Each individual’s success depends on his or her background, dedication, desire and motivation. The use of our information, products and services should be based on your own due diligence and you agree that the Company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products, and services reviewed or advertised on this Website.
  2. No Special Relationship: Your use of this Website and participation in the Services – including implementation of any suggestions and/or use of any resources provided in connection therewith – does not create an attorney-client or other special or professional relationship between you and the Company or any of its professionals. The Company cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee arrangements, are resolved. Thus, you recognize and agree that we have not created any professional-client relationship by the use of this Website or enrollment in any courses or programs. 
  3. Reviews; Referrals; Testimonials
    1. At various times, we may provide reviews of products, services, or other resources. This may include reviews of books, services, and/or software applications. Any such reviews will represent the good-faith opinions of the author of such review. You recognize that you should conduct your own due diligence and should not rely solely upon any reviews provided on this Website. 
    2. From time to time, the Company will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The Company provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.
    3. At various places in connection with the Services, you may find testimonials from clients and customers of the products and services offered by the Company. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed. Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or Services offered by the Company. 
  4. Recordings: Company will have the right to make recordings of the Program and any and all participants in the Program, which may include, without limitation, photographs, video and audio recordings, artistic renderings, and other materials recorded before, during, and after the Program (collectively, the “Recordings”). You hereby consent to the taping, filming, photography, and recording of your image, likeness, voice, and other indicia of your persona in connection with your participation in the Program. Company shall own all Recordings and shall have the unlimited right to publish, copyright, modify, distribute, and exploit the Recordings in connection with the Program and any advertising, marketing, promotion, and publicity related to the Company, Program, or Services in any manner or medium worldwide in perpetuity. 
  5. Release: By utilizing the Services and participating in our courses and programs, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in connection with the Services. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended in connection with the Services. You hereby agree for yourself and anyone entitled to act on your behalf (or on behalf of your estate whether you are dead or permanently or temporarily disabled), to the fullest extent permitted by law, to hold, Company and its officers, directors, employees, trainers, owners, parents, subsidiaries, affiliates, partners, representatives, and agents (the “Released Parties”) harmless from and against any and all claims for personal injury, damages, expenses, or losses (including without limitation, reasonable attorneys’ fees at all levels) that may be sustained or suffered by you in connection with your participation in and use of the Services, including, without limitation, claims arising from: (i) the conduct of the Released Parties or any other participants or users of the Services; (ii) the Services and their defects of any kind, or failure to comply with applicable state and federal laws; (iii) your breach or default of any of the covenants or obligations under this Disclaimer; (v) your misconduct, negligence or default or error or omission or breach of contract; and (iv) any accident, injury or damage whatsoever caused to any person, firm or corporation occurring as the result of any work or thing whatsoever done by you (or person holding or claiming through or under you). You agree to indemnify, defend and hold the Released Parties harmless against and from all costs, counsel fees, expenses and liabilities incurred a result of any such claim, action or proceeding brought by me or any third party against the Released Parties. BY AGREEING TO THE TERMS OF THIS DISCLAIMER YOU UNDERSTAND THAT YOU ARE KNOWINGLY, VOLUNTARILY AND EXPRESSLY WAIVING ANY AND ALL RIGHTS, CLAIMS, OR CAUSES OF ACTION OF ANY KIND WHATSOEVER THAT YOU MAY EVER HAVE AGAINST THE RELEASED PARTIES FOR ANY OF THE FOREGOING CLAIMS, AND ANY INJURIES, LOSSES, OR DAMAGES THAT YOU MAY SUSTAIN IN CONNECTION WITH YOUR PARTICIPATION IN AND USE OF THE SERVICES
  6. Limitation of Liability; Waiver. UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES), INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY SUSTAINED DUE TO YOUR USE OF OR PARTICIPATION IN THE SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SOME OF THE EVENTS, ACTIVITIES OR ACTIONS TAKEN BY YOU WHETHER IN CONNECTION WITH THE WEBSITE AND SERVICES OR OTHERWISE CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED THEREWITH EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION OR INACTION OR NEGLIGENCE OF COMPANY OR BY THE ACTION, IN ACTION OR NEGLIGENCE OF OTHERS. YOU EXPRESSLY AGREE THAT COMPANY DOES NOT ASSUME RESPONSIBILITY FOR THE SUPERVISION, PREPARATION, OR CONDUCT OF ANY ACTIVITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD). BY ACCESSING THE WEBSITE AND SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” 
  7. Confidentiality: Before, during and after your participation in the Program and any confidential or proprietary information you may receive in connection therewith, including, without limitation, business information and intellectual property of Company, Program materials, Company Content, or information, recommendations, know-how, tools, research, and other materials provided to you in connection with your participation in the Program, and the fact of your participation therein (collectively, “Confidential Information”), you will not disclose to any third party any of the Confidential Information except as may be necessary in order to comply with any legal or regulatory requirements upon reasonable written notice to Company. Company shall have the right to disclose your participation in the Program in any manner or media, including, without limitation, general press releases, Company’s website and social media accounts. 
  8. Social Media Policy: Notwithstanding the foregoing, you shall have the right to disclose your participation in the Program, provided that any social media posts in connection therewith shall comply with Company’s then-current social media policy. Any public disclosures made with respect to your participation in the Program shall not disparage, denigrate, or otherwise paint Company or the Released Parties in a negative light. 
  9. General: This Disclaimer shall be interpreted under the internal, substantive law of the State of California without regard to the conflicts of law provisions thereof, and you hereby submit to in personam jurisdiction in the state and federal courts of the State of California. In the event that any provision contained within this Disclaimer shall be deemed to be severable or invalid or if any term, condition, phrase or portion of this Disclaimer shall be determined to be unlawful or otherwise unenforceable, the remainder of this Disclaimer shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find any provision of this Disclaimer to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

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