Welcome to the Advice Media LLC dba MyAdvice ("MyAdvice") family!
We're excited to have you as a client and we truly appreciate your partnership. Our mission is to make it easy to grow your business. We hope to do that through your use of our business growth and efficiency system which includes one or more of our products, features or services (collectively referred to as the "Success Center"). Before you start using our Success Center, please take a moment to read through our Terms of Service (“TOS”).
Acceptance of Terms
By entering into an order form, accessing or using our Success Center, or paying an invoice, you agree to be bound by these TOS. If you do not agree to all the terms and conditions of this agreement, then you may not access or use our Success Center.
Description of Success Center
Our company offers a range of SaaS tools, lead generation tools, business management tools, websites and ancillary services to help your business grow, be more efficient and succeed. These can be purchased individually in some cases or in bundles in some cases. We provide the Success Center to our customers through our website and other channels.
Account Information
When you create an account with us, you must provide accurate and complete information. You are responsible for maintaining the security of your account and password. You agree to notify us immediately of any unauthorized use of your account or breach of security. Any information you provide to create your account with us or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Fees and Payment
We offer various pricing plans depending on which features and services you wish to use. You agree to pay the fees associated with the plan you select. We reserve the right to change our fees, but we will notify you in advance of any changes. All Fees are due monthly, in advance.
You agree to provide complete and accurate billing information, including a valid payment method. If your payment cannot be completed, we may downgrade your account or suspend your access to our Success Center until payment is received.
Our preferred method of payment is via checking account transfer or ACH because it has the least cost to you and to us. However, for clients who wish to pay by credit card or check, we accept both. Credit cards will incur an additional 3% service fee. Checks will be charged a $50 handling fee. Declined credit cards, disputed credit card charges and bounced checks incur a $200 fee for each instance. Late payments will accrue interest at the rate of 1.5% per month.
MyAdvice is entitled to recover all of its costs of collection of any amount outstanding owed by you, including without limitation our labor costs and the fees of our attorneys and/or collections agencies.
All fees are exclusive of Taxes. You will be responsible for all applicable taxes for your use of MyAdvice’s services unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority.
Intellectual Property
The Success Center and its contents, features, and functionality (including without limitation information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by MyAdvice, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not use our IP without our express written permission.
Your Content: Notwithstanding the above, as between MyAdvice and its clients, clients will own all right, title, and interest, including all intellectual property rights, in any text or visual content: a) developed by the client; b) developed by the AI tools in the Success Center; or c) that MyAdvice develops on behalf of the client pursuant to a written agreement. Upon termination, if you want us to package up and deliver electronically any client-owned content, we will do so on a time and materials basis at our normal hourly rates then in effect for this service.
Limitations of AI
Artificial intelligence and machine learning are rapidly evolving fields of study. Given the probabilistic nature of machine learning, use of our Success Center may, in some situations, result in output that does not accurately reflect real people, places, or facts.
When you use our Success Center you understand and agree:
- Output may not always be accurate. You should not rely on output from our Success Center as a sole source of truth or factual information, or as a substitute for professional advice.
- You must evaluate output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing output from the Success Center.
- You must not use any output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
- Our Success Center may provide incomplete, incorrect, or offensive output that does not represent MyAdvice’s views.
- While our generative AI tools are generally excellent, generative AI is an emerging technology and can make mistakes. You agree that you are ultimately responsible for your business, its reputation and its adherence to laws. That includes responsibility for a) review responses, social media posts, website, content, and any other public information; and b) compliance with all laws and regulations, whether local, state, or federal, including, if applicable, the Health Insurance Portability and Accountability Act, and rules and regulations of any governing bodies to which you must adhere. MyAdvice expressly disclaims any responsibility or liability for anything to do with any of the foregoing.
User Conduct
You agree to use our Success Center only for lawful purposes and in a manner that does not a) violate the rights of others; b) violate any applicable federal, state, local, or international law or regulation (including laws regarding the export of data or software to and from the US or other countries); c) harm MyAdvice or users of the Success Center, or expose them to liability. You may not use our services to harass, defame, or impersonate others or to distribute spam or malware.
Limitation of Liability
We strive to provide high-quality software and services, but we cannot guarantee that our software and services will be error-free or uninterrupted.
NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SUCCESS CENTER, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE SUCCESS CENTER OR SUCH OTHER WEBSITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SUCCESS CENTER FEATURE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE LIMITATION OF LIABILITY ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
MYADVICE’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Success Center will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SUCCESS CENTER OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SUCCESS CENTER OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE SUCCESS CENTER, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. OUR SUCCESS CENTER IS PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM AND MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SUCCESS CENTER, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SUCCESS CENTER IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
Indemnity
To the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Success Center or any violation of these TOS.
Privacy Policy
We are committed to protecting your privacy and have a comprehensive privacy policy in place. By using our services, you agree to our Privacy Policy.
Term and Termination
Your agreement for use of the Success Center will auto renew based on the date and period specified in your Order Form. You may terminate use of our Success Center prior to renewal by sending us written notice not later than 45 days prior to renewal. If you wish to terminate early, you will still be responsible for any amounts not yet billed for the duration of the Term.
Upon termination, if client wants us to package up and deliver electronically any client owned assets, we will do so on a time and materials basis at our normal hourly rates then in effect for this service.
We reserve the right to terminate your account or access to our Success Center at any time and for any reason. We will provide you with notice of any such termination.
SMS Messaging
Purpose of SMS Notifications
Our SMS notifications are designed to:
- Remind you of your scheduled consultations or other meetings with MyAdvice personnel
- Inform you of upcoming services, payment reminders, and other essential notifications related to MyAdvice.
Opt-In and Consent
By providing your phone number and opting into our SMS notifications, you confirm that you are the owner or authorized user of the phone number as provided below in this agreement. You further consent to receive recurring automated text messages (SMS, MMS) from us on your provided phone number regarding your scheduled consultations, account updates, offers, and other important notifications. Consent is not required to make any purchase from us. Message frequency may vary, but you can generally expect to receive between 1-5 messages per week.
Opt-Out Instructions
Your consent to receive automated texts is entirely voluntary. You may opt-out at any time:
- To stop receiving messages, reply “STOP,” “END,” “CANCEL,” “UNSUBSCRIBE,” or “QUIT” to any SMS message from us.
After you opt out, you will receive a final confirmation message, and no further messages will be sent to your number unless you re-enroll.
Help and Support
If you are experiencing issues with our SMS notifications or need assistance, you can:
- Reply with the keyword “HELP” to any message.
- Email us directly at support@myadvice.com.
Message and Data Rates
Standard message and data rates may apply for any messages sent to you from us and
from you to us. Please consult your mobile service provider for details regarding your text plan or data rates.
Privacy and Data Security
We value your privacy and are committed to protecting your personal information. Your data will be used solely for the purposes described in this policy, such as managing your consultations, processing payments, and ensuring proper communication regarding your services.
We do not sell, rent, or share your personal information with third parties for marketing purposes. We may share your information with third parties only as required by law, for billing and payment processing, or to fulfill our contractual obligations.
Data Retention
We retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, including legal, accounting, or reporting requirements. After this period, your data will be securely deleted or anonymized.
Compliance with Regulations
We comply with all relevant laws and regulations, including the Telephone Consumer Protection Act (TCPA) and CTIA guidelines. Our practices ensure that you can easily manage your preferences, and we provide clear instructions for opting in or out of our SMS notifications.
Indemnification
You agree to indemnify, defend, and hold us harmless from any privacy, tort, or other claims, including claims under the TCPA or any state law equivalents, arising from your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes to your mobile telephone number.
Participation Requirements
To participate in our SMS notifications service, you must:
- Be 18 years of age or older.
- Own a wireless device capable of two-way messaging.
- Be a subscriber to a wireless service with text messaging capabilities. Please note that not all mobile carriers support this service.
Dispute Resolution and Arbitration Related to SMS
By using our SMS notifications service, you agree to resolve any disputes with us on an individual basis and not as part of any class or representative action. You waive your right to a trial by jury and agree that any claims will be resolved through final and binding arbitration. If you do not agree to these terms, please do not participate in the service.
Miscellaneous
You warrant and represent that you have the necessary rights, power, and authority to agree to these Terms and Conditions and that your participation in this service does not violate any other contract or obligation. If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect. We reserve the right to modify these Terms and Conditions at any time. Any updates will be communicated to you via SMS or email, and your continued participation in the service constitutes acceptance of the modified terms.
Contact Information
If you have any questions or concerns about these Terms and Conditions or our privacy practices, please contact us at:
Email: support@myadvice.com
Full Privacy Policy
For more detailed information on how we collect, use, and protect your data, please review our full Privacy Policy.
General Terms
Assignment:
You may not assign or transfer any rights or obligations under these TOS and any attempt to do so will be void. We may assign our rights or obligations under these TOS to any affiliate, subsidiary, or successor in interest of any business associated with our Services.
Changes to these TOS:
We are continuously working to develop and improve our Success Center. We may update these TOS accordingly from time to time. For example, we may make changes to these TOSices due to:
- Changes to the law or regulatory requirements
- Security or safety reasons
- Circumstances beyond our reasonable control
- Changes we make in the usual course of developing our Success Center
- To adapt to new technologies
We will give you notice of changes to these TOS either via email or an in-product notification. All changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Success Center.
Delay in enforcing these TOS:
Our failure to enforce a provision is not a waiver of our right to do so later. If any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
Governing Law and Jurisdiction:
These TOS are governed by the laws of the State of Utah without regard to its conflict of law provisions. You agree that any legal action arising out of or relating to these TOS or your use of our services may only be brought exclusively in the state courts in Summit County Utah, except a) we retain the right to legal action against you for breach of these TOS in your country of residence or any other relevant country; and b) for SMS disputes which will be resolved as discussed in the SMS section. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Entire agreement:
These TOS and our Privacy Policy contain the entire agreement between you and MyAdvice regarding use of the Success Center, and supersede any prior or contemporaneous agreements between you and MyAdvice or any predecessor to MyAdvice.
If you have any questions about these TOS or our Success Center, please contact us. Thank you for choosing our company to help you grow and succeed. We look forward to a long relationship with you.
