Terms and Conditions

Please READ carefully, as this pertains to the Agreement of your registration with, or purchase of, any of the products or programs sold by CandaceHerrero.com (referred to as “The Company”). By using any websites operated by CandaceHerrero.com (which includes https://candaceherrero.com, and https://theantiquesacademy.com among others) (collectively referred to as "The Site”) or purchasing our products, you (sometimes referred to as "Client") agree to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site or purchasing products or programs from the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect.

If you do not agree to these Terms of Use, please do not use the website.

1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by CandaceHerrero.com and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company: HERE. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.

6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

9. The Company may use links on this site that can be defined as “affiliate links”. This means that the Company may receive a small commission (at no cost to you) if you purchase something through the links provided. The Comapny is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for website owners to earn advertising fees by advertising and linking to Amazon.com.

10. The Company does not warrant that use of the materials will be uninterrupted or error free, that defects will be corrected, or that this site, the content, and/or the materials available on this site are free from bugs or viruses or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections. The Company shall not be responsible for any performance or service problems caused by any third party website or third party service provider. Any such problem shall be governed solely by the agreement between you and that provider.

11. The Company shall not be responsible for any performance or service problems caused by any third party website or third party service provider (including, for example, your web service provider service, Stripe or PayPal payment services, your software and/or any updates or upgrades to that software). Any such problem shall be governed solely by the agreement between you and that provider. The Company reserves the right to determine, in its sole discretion, whether the Company is responsible for any such malfunction or disruption. The Company also reserves the right to limit your use of the site and/or the content or to terminate your account should the Company determine that you have violated these terms of use, or that you have violated any other rules or conditions of the Company. The Company reserves the right to refuse access to the site and/or the Company’s content, products and/or services to anyone in its sole discretion. The Company reserves the right to determine, in its sole discretion, whether the Company is responsible for any such malfunction or disruption. The Company may, in its sole discretion, refund the initial fee charged for any use of the site and/or any content or a pro-rata portion thereof consistent with the Company’s refund policy. The Company shall refuse any refund thirty (30) days after your payment for use of the site and/or any content, either pursuant to the Company’s customer license agreement or otherwise, regardless of the reason for disruption.

12. In no event shall the Company be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the site, the content, and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if the Company has been advised or is aware of the possibility of such damages.

13. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

14. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

15. This agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Alamance County, North Carolina. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Earnings Disclosure

16. Neither the Company nor any other party involved in creating, producing, or maintaining the site and/or any content on the site shall be liable under any circumstances for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the site. Without limiting the foregoing, all content on the site is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. The Company does not warrant or make any representations regarding the use of the materials in the site, the results of the use of such materials, the suitability of such materials for any user’s needs or the likelihood that their use will meet any user’s expectations, or their correctness, accuracy, reliability, or correction. The Company likewise does not warrant or make any representations or guarantees that the client will earn any money using the site or the Company’s ideas, technology or services. The Company provides informational and educational materials that are intended to help users of this website succeed, in their business, and otherwise. The Client recognizes that your success or failure will be the sole result of the Client's own efforts, particular situation, and numerous other circumstances beyond the knowledge and/or control of the Company. The Client accept all responsibility for evaluating their own earning potential as well as executing their own business and services. The Client's earning potential is entirely dependent on their own products, ideas, techniques; their execution of their business plan; the time they devote to the program, ideas and techniques offered and utilized; as well as their finances, their knowledge and their skill. Since these factors differ among all individuals, the Company cannot and does not warrant or make any representations or guarantees regarding the Client's success or income level.

Inner Circle Disclosure

AUTOMATED BILLING: The monthly/yearly membership fee will be automatically charged/debited by CandaceHerrero.com to the credit/debit card you used to purchase your membership. You can cancel at any time according to the following cancellation policy. Please note: refunds are not provided on any drafted membership fees.

CANCELLATION POLICY: Monthly plan: Cancellation must be submitted here, at least 48 hours prior to the renewal of your subscription. Once you have been billed for the upcoming cycle, we are unable to process a refund.

Yearly plan: Cancellation must be submitted here, at least 30 days prior to the renewal of your subscription. Once you have been billed for the upcoming cycle, we are unable to process a refund.

LIFETIME PRICING: When you sign up for the Inner Circle, you are locked into your rate for the lifetime of your membership. We will never raise the price of your membership as long as you maintain your monthly or yearly subscription. If you cancel your membership at any time and would like to rejoin, you will be billed at the current membership rate at that time.

GUARANTEE: By purchasing membership to the Inner Circle, you are joining a private Facebook group. You are guaranteed ONE live training per month from Candace Herrero, as well as an opportunity ask questions live. There is no guarantee that your questions will be answered, but Candace will do her best to address as many as possible. Your success in the group is a two-way street. Being active and connecting with other members will yield the best results.

GROUP POLICIES: As a member of the Inner Circle you understand and agree to the following group policies.

1. Information shared in the Inner Circle is for the sole use of paid members only. Copying content in any form and distributing it elsewhere is a violation of the Inner Circle policies. You will be removed from the group with no refund. Legal action may be taken.

CLOSING OF INNER CIRCLE: Your access to the content within the Inner Circle is only guaranteed for the life of the group. If for any reason, the Inner Circle closes and is no longer being maintained. Any paid fees will be pro-rated and you will be refunded for any unused time. You will lose all access to the content in the group upon its closing.

No Transfer Of Intellectual Property

The Site's Programs are copyrighted.  Original materials provided to the Client are for the Client's individual use only and a single-user license. Sharing any content within paid products, including but not limited to, courses and programs is strictly prohibited. Client is not authorized to use any of Site's intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of Candace Herrero, CandaceHerrero.com and TheAntiquesAcademy.com. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, trademark, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s Agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations. The Company has the right to revoke any and/or all access to paid products under such violations, with no refund or monetary disbursement.

Refund Policy

There are NO REFUNDS on products or services rendered. We work hard to provide the best resources and tools for you and your business. Once you are billed for a product or service, we are unable to process a refund.

Revisions

These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

Last Updated: August 25, 2019

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