Privacy Policy

TERMS AND CONDITIONS 

By visiting and using www.bymemonique.com  (hereinafter the “website”) and By Me Monique YouTube Channel, you accept and agree to be bound by these Terms and Conditions including our Disclaimer and Privacy Policy posted on the website and (the YouTube Channel) incorporated herein by reference. 

The term “you” refers to anyone who uses, visits and/or views the website or YouTube Channel. I By Me Monique reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using the website, you accept those amendments.  It is your responsibility to periodically check the website and YouTube Channel for updates. 

Your continued use of the website and YouTube Channel after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by these Terms and Conditions.

AGE AND UNITED STATES USE ONLY 

PRIVACY POLICY

We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.

DISCLAIMER

Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review the Disclaimer for more information. 

MANDATORY ARBITRATION AND GOVERNING LAW 

You expressly waive your right to bring any legal claims, now or in the future arising out of or related to the website and our products/services. In the event of any dispute, claim or controversy arising out of or relating to your use of this website, the terms and conditions shall be construed in accordance with the rules and regulations of the state of Tennessee and the United States. 

You agree to consent and submit to the jurisdiction of the state and federal courts located in Tennessee without regard to the principles of conflict of law or where the parties are located at the time a dispute arises. 

You agree to resolve any disputes or claims first through mandatory arbitration in the state of Tennessee and shall bear the full cost of arbitration as permitted by law. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure. You also agree that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action. 

INTELLECTUAL PROPERTY 

All content on this website and YouTube Channel including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property and unfair competition laws with the exception of any content from others that we are lawfully permitted to use.  You are granted a limited revocable license to print or download Content from the website or YouTube Channel for your own personal, non-commercial, non-transferrable, informational and educational use only while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.

You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content in any way to anyone, without our prior written consent.  You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions. 

USER CONTENT AND LAWFUL USE OF THE WEBSITE AND YOUTUBE CHANNEL

For any Content or information that you upload, display, post, transmit, send, email or submit to us on the website and YouTube Channel or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us. 

You grant us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our website and YouTube Channel and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that you provide to us.

You agree not to upload, display, post, transmit, distribute, send, email or submit to us on the website or on any of our social media sites any information or Content that is- 

(a) illegal, violates or infringes upon the rights of others, 

(b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening, 

(c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,

(d) distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law, 

(e) any attempts to gain unauthorized access to any portion or feature of the website, and 

(f) send unsolicited or unauthorized material or cause disruption in the operation of the website. You agree to use the website for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in these Terms and Conditions. 

THIRD-PARTY LINKS

The website and YouTube Channel may contain links to third-party websites or resources for your convenience. We may serve as an affiliate for some of these third-party websites by offering or advertising their products or services on the website; however, we do not own or control these third-party websites. Once you click on a third-party link and leave this website, you are no longer bound by our terms and conditions.

You agree that we are not responsible or liable for the accuracy, content or any information presented on these third-party websites. You assume all risks for using these third-party websites or resources and any transactions between you and these third-party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third-party websites or resources. 

USE OF OUR PAID AND FREE PRODUCTS 

We may offer free products for you to download and also sell paid courses, programs, physical or digital products and any other related materials (collectively, “products”) on this website and YouTube Channel. All our products and/or services including all content are protected by copyright pursuant to the US and international copyright laws. You are granted a limited revocable license to print or download Content from our digital products for your own personal, non-commercial, non-transferrable, informational and educational use only while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights. Copying or storing our content for other than personal use is expressly prohibited without our prior written consent. 

You acknowledge and agree that you have no right to share, modify, sell, edit, copy, reproduce, create derivative works of, reverse engineer, enhance or in any exploit our products. You cannot sell or redistribute any of our products, whether free or paid ones, without our express written consent.  You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.

TERMINATION

We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of our website including any or all Content published by you or us at any time for any reason, without 

NO REFUNDS 

All sales of products and/or services on this website and YouTube Channel are final. No refunds will be issued. We truly believe in giving more than receiving and each of our products and services is designed by keeping this core principle in mind. The prices are intentionally kept reasonably low in price as compared to market value to give you the tools and information you need at an affordable price. 

NO WARRANTIES 

ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE AND YOUTUBE CHANNEL ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY

You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website and YouTube Channel including but not limited to all the content, information, products, services and graphics presented here. 

You expressly agree that your use of the website and YouTube Channel is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website and YouTube Channel.

You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website and YouTube Channel, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website and YouTube Channel, website and YouTube Channel attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website and YouTube Channel; 3) any theft or unauthorized access by third party of your information from the website and YouTube Channel regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here. 

This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here. 

INDEMNIFICATION

You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys' fees ("Liabilities") assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of the website including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. The Company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims. 

ENTIRE AGREEMENT

These Terms and Conditions along with our Privacy Policy and Disclaimer constitute the entire agreement between you and us with respect to this website and YouTube Channel. It supersedes all prior or contemporaneous communications, discussions, negotiations or proposals we may have had with you whether electronic, oral or written. 

A printed version of this entire agreement including the Privacy Policy and Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this website and YouTube Channel to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form. 

SEVERABILITY

If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.

CONTACT

For any questions, please contact us at ciao@creativegenesllc.com

DISCLAIMER

GENERAL INFORMATION

I By Me Monique provides general educational information on various topics on this website and YouTube Channel as a public service, which should not be construed as professional, financial, real-estate, tax or Digital Marketing/SEO/ Web Developer advice. These are my personal opinions only. 

The term “you” refers to anyone who uses, visits and/or views the website and YouTube Channel. 

Please read this Disclaimer carefully, and I reserve the right to modify it at any time without notice.  By visiting and using this website and YouTube Channel, you accept and agree to be bound by this Disclaimer along with our Terms and Conditions and Privacy Policy. Your continued use of our website and YouTube Channel,  programs, products and/or services constitutes your acceptance of future changes and updates to this Disclaimer. You must not access or use our website if you do not wish to be bound by this Disclaimer.

GENERAL DISCLAIMER 

Although I am a Web Developer/Digital Marketer/SEO Strategist by profession, I am not YOUR Web Developer/Digital Marketer/SEO Strategist. All content and information on this website and YouTube Channel including our programs, products and/or services is for informational and educational purposes only, does not constitute Web Development/Digital Marketing/SEO Strategist advice and does not establish any kind of Web Development/Digital Marketing/SEO Strategist-client relationship by your use of this website or YouTube Channel. A Web Development/Digital Marketing/SEO Strategist-client relationship with you is only formed after we have expressly entered into a written agreement with you that you have signed including our fee structure and other terms to represent you in a specific matter. Although we strive to provide accurate general information, the information presented here is not a substitute for any kind of professional advice, and you should not rely solely on this information. Always consult a professional in the area for your particular needs and circumstances prior to making any professional, legal, web development, digital marketing, SEO, and financial or tax related decisions. 

AFFILIATE / THIRD-PARTY LINKS DISCLOSURE AND DISCLAIMER

We may partner with other businesses or become part of different affiliate marketing programs whose products or services may be promoted or advertised on the website and YouTube Channel in exchange for commissions and/or financial rewards when you click and/or purchase those products or services through our affiliate links. We will receive a commission if you make a purchase through our affiliate link at no extra cost to you. 

We may also recommend other products, services, coaches and consultants but no such reference is intended to be an endorsement or statement that such information provided is accurate. We recommend these based on our personal experiences but it is still your responsibility to conduct your own due diligence to ensure you have obtained complete accurate information about such product, services, coaches and consultants. 

These affiliate or third party relationships in no way compromise the integrity of the content, information, services and materials being presented to you here, and you are under no obligation to click on these affiliate links to purchase those products or services being offered. These affiliate programs are selected based on personal experiences and preferences. 

Although we provide these affiliate links on the website and YouTube Channel for your convenience, we have no control over these external websites and they are solely responsible for their own content and information presented.  Therefore, By Me Monique  and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us cannot be held liable or responsible for any content presented on these external websites and for any damages resulting from them.

This disclosure policy applies to all affiliate links we share on our website, social media, emails, programs, products such as courses, ebooks, services and any other means of communication with you. 

EARNINGS DISCLAIMER, TESTIMONIALS AND OTHER DISCLAIMERS

We may disclose our income reports and success results of our current or former customers including product reviews and testimonials on the website and YouTube Channel from time to time. These income reports, product reviews and testimonials are accurate and strictly for informational purposes only.

We share this information as examples to you but it does not serve as a guarantee or promise of any kind for your results and successes if you decide to use the same information, reviews, products, services, tips and techniques offered here.

All the testimonials included on our website and YouTube Channel, programs, products and/or services are real-world examples and stories of other people’s experiences with our programs, products and/or services. But they are not intended to serve as a guarantee that you will achieve the same or similar results. Each individual’s performance is different and your results will vary accordingly.

You are encouraged to perform your own due diligence and research and are solely responsible for your earnings and results. Your earning potential and results are contingent upon your personal circumstances, abilities, experience, and skills. Therefore, you agree not to hold us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us liable for any of your successes or failures directly or indirectly related to the information, reports, reviews, products and/or services presented to you here.

SPONSORED POSTS / REVIEWS DISCLAIMER

We may include sponsored blog posts on our website and YouTube Channel from time to time for products or services we recommend or those that have been valuable in our personal experience or use.

We may review different products, services, and other resources to provide reviews of books, services and any other recommendations to you. We may receive incentives, discounts, compensation or free products in exchange for our reviews and sponsored content. All such reviews and sponsored posts are solely our honest opinions made in good faith. You are always encouraged to perform your own due diligence prior to relying on them.

We share this information as examples to you but it does not serve as a guarantee or promise of any kind for your results and successes if you decide to use the same information, reviews, products, services, tips and techniques offered here.

You are encouraged to perform your own due diligence and research and are solely responsible for your decisions, purchases from our affiliate links, sponsored content and results. Your earning potential and results are contingent upon your personal circumstances, abilities, experience, and skills. Therefore, you agree not to hold us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us liable for any of your successes or failures directly or indirectly related to the information, reports, reviews, products and/or services presented to you here.

FAIR USE DISCLAIMER 

This website and YouTube Channel reviews products, web development software, social media platforms, books, podcast, business system software and graphic design software including but not limited to posting of product images from other websites, logos of manufacturers web development and graphic design. In doing so, no copyright is claimed for this kind of content on the website or YouTube Channel and to the extent that such material may appear to be infringed, we assert that such alleged infringement is permissible under the fair use principles of the U.S. copyright laws. If you believe any material has been used in an unauthorized manner, please contact us at hello@bymemonique.biz. 

NO WARRANTIES 

ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE AND YOUTUBE CHANNEL ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE AND YOUTUBE CHANNEL. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY

You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website or YouTube Channel including but not limited to all the content, information, products, services and graphics presented here. 

You expressly agree that your use of the website and YouTube Channel is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, outcome of your actions, personal and business results, and for all other use in connection with the website and YouTube Channel.

You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website or YouTube Channel 3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here. 

This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here. 

INDEMNIFICATION 

You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys' fees ("Liabilities") assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of our websites and YouTube Channel including purchasing programs, products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website and YouTube Channel by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. The company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.

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