By checking the box next to these Terms of Service, and clicking the “Purchase” button, you, the purchaser of Custom Content Calendar(“Customer” or “You”) agree to purchase this item provided by Niki Puls and Trail Guide Creatives (“Company”, “We”, “Our”, or “Us”) and agree to enter into this legally binding agreement, with terms as follows:
For good and valuable consideration, Customer agrees to purchase Custom Content Calendar, a monthly membership subscription, (“Subscription”) from Company. You agree to at least a 3 month minimum retainer.

In exchange, Company agrees to provide the purchased item, with details as outlined below.
ACCEPTANCE OF THE TERMS
These Terms of Service are entered into by and between You and Company. The following terms and conditions "Terms of Service" govern your access to and use of Custom Content Calendar

Please read the Terms of Service carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Custom Content Calendar

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or purchase our goods and services.
For good and valuable consideration, Customer agrees to purchase Custom Content Calendar, a monthly subscription, (“Subscription” or “Product”) from Company. In exchange, Company agrees to provide the purchased item, with details as outlined below.

SUBSCRIPTION DETAILS
Custom Content Calendar Subscription is a monthly subscription service.

A) Customer understands and agrees this Subscription includes:
(1) set of 4-5 Instagram Reels or TikTok videos written every week.
Content will be sent via email every Monday.
Email support from Trail Guide Creatives for content support

B) Customer understands and agrees this Subscription does NOT include:
Access to any other subscriptions such as The Mastermind, TikTok Toolkit, Instagram Toolkit, or any other courses created by Niki Puls
Private support via dm’s or 1:1 coaching
Discounts on other Company services or products
Social media management

Customer is responsible for filming and posting content

Customer has done sufficient research to fully understand what is included in the Subscription and what is not included in the Subscription.

Customer agrees to be bound by the outcomes disclaimer stating that results are not guaranteed and we do NOT guarantee any amount of view or financial success.

LIMITED LICENSE
By purchasing the Product, Customer is granted one limited, revocable, non-transferable non-sublicensable, non-exclusive license to view, read, download, print and use the materials and content in the Product, for Customer’s personal use only, as directed by Company. No use by Company of the Product in any medium or manner will be deemed to interfere with the limited permissions made to Customer by Company herein. All intellectual property rights remain with Company, nothing in this Agreement shall constitute a transfer of intellectual property ownership.

Except as conveyed in the USAGE section in these Terms, Customer agrees not to copy, reproduce, edit, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, provide access to another person, or in any other way, exploit Company’s intellectual property without Company’s express written consent. If a violation of this provision is discovered or suspected, Customer understands that this may constitute a violation of the Business Practices Act, infringement and theft of Company’s intellectual property and may be a violation of State and Federal laws. In that event, Company reserves the right to prosecute such infringement to the fullest extent of the law.
If you violate this license by giving or selling a copy of our template(s) to any third party, We reserve the right to invoice you for the licenses you have distributed to others, revoke your access to our template(s) permanently, and/or sue for any and all damages.

Company reserves all rights not expressly granted to Customer under these Terms of Service.
USAGE

Our Subscription and Product(s) may only be used for personal use by Customer, for Customer’s own social media accounts or for the accounts they personally manage or those for which they create content. Our Subscription and Product(s) may not otherwise be shared with or sold to anyone, or modified for resale or for-profit gain in any way.

To be clear, these Products have been designed for you to use on your personal or business pages.

Additionally, you may use them for any accounts you manage as a social media manager. OR your assistant may use them to create your content for you.

The subscription does not give you the ability to expose the methodology contained within the content themselves.

Additionally, you may not resale or distribute these content templates or any derivatives of these templates in any way not specified herein. For example, you may not purchase our templates and then open your own template membership to resale our property even with derivative changes.

For clarity, using our Intellectual Property for ‘inspiration’ for your own content or offering is a violation of our Intellectual Property rights and these Terms.
Rest assured, we enforce our brand’s rights and protect our intellectual property to the fullest extent of the law.

Any usage violation may result in immediate termination of Customer’s access to the Subscription service and revocation of Usage, with no refunds given for any previous payments made.
PAYMENT

In consideration for the Subscription provided by Company to Customer, Customer agrees to pay Company a recurring fee every month. Customer agrees to be responsible for the full Fee and agrees to pay the full Fee electronically, via Company’s website or Company’s selected third party payment processor.
Customer shall make valid required payment prior to gaining any access to the Subscription.
Customer gives Trail Guide Creatives permission to automatically charge Customer’s method of payment on file for all renewal payments, at the time they are due, without any additional authorization.

Customer further understands and agrees that Customer may choose to cancel their Subscription AFTER their 3 month commitment has been fulfilled.

REFUND POLICY
This is a digital subscription and you get access to all Product and other inclusions upon purchase. Because of that, we do not accept refund requests.

Customer understands that Company does not give refunds.
CHARGEBACKS
In the event a chargeback is attempted with your financial institution, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by the Company. We have the right to present these Terms to your financial institution, any payment processing company and/or investigating agency concerning the attempted chargeback or financial dispute.
COMMUNICATIONS
Any customer support questions can be sent via email at hello@trailguidecreatives.com Company will respond within 2 business days.

Customer may also email their cancellation request to the Company, and Company will cancel their subscription within 2 business days. Customer agrees and acknowledges that no portion of payments already made will be refunded.

TESTIMONIALS
Company may request Customer to provide a testimonial on the Purchase. Customer understands that there is no requirement to provide such a testimonial and further understands that if Customer declines to provide such a testimonial, there will be no negative consequences or change in relationship between Company and Customer.
If Customer chooses to provide a testimonial, it will be purely voluntary, at Customer’s own discretion. Customer understands that the testimonial, along with Customer’s identifying information may be used in Company’s marketing and promotions, with no financial compensation to Customer, and Company will hold an unlimited, irrevocable, worldwide license in perpetuity to use, publish, distribute or repurpose any information provided to Company as part of such testimonial. Customer agrees to sign a Testimonial Release if requested by Company.

NO GUARANTEES, NO WARRANTIES
Customer is participating in this Purchase voluntarily and understands that Company makes no guarantees regarding Customer’s results with this Purchase.
Customer agrees that Company is not responsible and Customer does not have a cause of action, legal remedy or an entitlement to a refund if Customer does not achieve the desired result upon completion of the Purchase. Customer agrees that Company is not responsible if there are errors or omissions in the Purchase or any of its materials.
The Purchase is provided “as is,” and, except for the express warranties in these Terms of Service, is offered with no warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, merchantability, expectation of course of performance and non-infringement. Customer agrees not to hold Company responsible if Customer becomes dissatisfied with the Purchase. The Purchase is intended for a general audience and is not in any way specific advice tailored to any individual.

DISCLAIMER, FULL DISCLAIMER INCORPORATED BY REFERENCE
Customer understands that nothing in the Purchase is intended to constitute or should be relied upon as financial, business or legal advice. Company provides social media information and education. Client understands that Company is not an accountant firm, financial advisor firm, law firm or other licensed business professional firm and is not acting as such. Nothing in the Services is intended to be a substitute for professional advice from an accountant, financial advisor, lawyer or other licensed business professional. Company is providing services only in the capacity as a social media consultant, not as a licensed business professional. Company does not guarantee that Client will obtain any specific results or earn any money using its recommendations.
ASSUMPTION OF RISK
Customer is entering into this Purchase voluntarily at Customer’s own free will. Customer understands that the Purchase may include participation in financial, business or career strategies which include inherent risks. Customer confirms that during participation in this Purchase, Customer will always have the opportunity to consult with a licensed business professional before acting on any content of the Purchase. If Customer chooses not to consult with other licensed professionals and chooses to act on any content in the Purchase, Customer agrees that Customer is acting voluntarily and assumes all risks of use or non-use and agrees not to hold Company responsible for any harm, illness, injury or other negative results.
LIMITED LIABILITY, INDEMNIFICATION
Customer agrees that under no circumstances is Company to be held liable for any damages, whether direct or indirect, resulting from these Terms of Service or the Purchase, including any losses, injuries or medical ailments, and Company expressly excludes such liability to the fullest extent of the law. In no event shall Company’s liability exceed the fees paid under these Terms of Service.
Customer agrees at all times to indemnify, defend and hold Company and its team members, agents, affiliates, and other parties associated with Company, harmless from any actions, losses, damages or expenses, as well as third party claims, including attorneys’ fees and expenses, arising out of or related to these Terms of Service or Purchase.
UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PRODUCT OR RELIANCE ON ANY INFORMATION PROVIDED ON THE WEBSITE OR PRODUCT. YOUR USE OF THE WEBSITE AND PRODUCT AND YOUR RELIANCE ON ANY INFORMATION ON THE WEBSITE AND PRODUCT IS SOLELY AT YOUR OWN RISK.
GOVERNANCE

These Terms of Service shall be construed in accordance with, and governed by, the laws of the State of Nebraska as applied to contracts that are executed and performed entirely in Nebraska, regardless of Customer’s location.
ENTIRE AGREEMENT, WAIVER, MODIFICATIONS, SEVERABILITY, ASSIGNMENT
Customer and Company agree that these Terms of Service constitute the entire agreement between them and supersedes any and all prior agreements, discussions, correspondence, understandings or proposals. Customer understands that any expectation regarding the Purchase, which is not specifically included in these Terms of Service is not included in the Purchase.
Customer agrees that no waiver of any of the provisions of these Terms of Service shall be deemed, or shall constitute, a waiver of any other provision of these Terms of Service, nor shall any waiver constitute a continuing waiver.
If any term of these Terms of Service is found to be invalid, void, or unenforceable under applicable law, the other provisions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.

These Terms of Service are not assignable, delegable, sub-licensable, or otherwise transferable.

CHANGES TO TERMS
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in the dispute resolution and governance provisions will not apply to any disputes for which the parties have actual notice [on or] before the date the change is posted on the Website.
Your continued use of the Website and Subscription following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
FINAL
By purchasing Subscription, Customer and Company acknowledge and agree to all of the terms of these Terms of Service.


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