Congratulations on your decision to participate in The Etched Marketing Academy!
Set forth below are the terms of The Etched Marketing Academy (the “Academy”) that you (“Client”) have selected, which will be provided by Etched Marketing, LLC, an Arizona limited liability company (“Provider”).
By clicking or checking the opt-in box next to the “I agree to the Etched Marketing’s Terms of Service” statement on the Provider’s www.etchedmarketing.com website or checkout page, Client hereby agrees to be bound by the terms and conditions set forth in the Etched Marketing Academy Agreement (this “Agreement”) (including, without limitation, those set forth in Exhibit A hereto). This Agreement is effective as of the date Client clicks or checks such opt-in box (the “Effective Date”).
The Academy offers multiple programs described below.
This program is a hybrid training program designed to teach course creators, coaches, and online business owners how to partner with Google to get organic traffic to their websites.
Simple SEO Content Program includes:
Simple SEO Content Fees
The fee for Simple SEO Content is:
This program is a hybrid training program designed to teach course creators, coaches, and online business owners how to work with the podcast platforms to grow their shows without ads.
Simple Podcast SEO Program includes:
Simple Podcast SEO Fees
The fee for Simple Podcast SEO is:
The single payment or the first monthly fee is due prior to the start of the Academy. Except for the Academy Refund Policy (see below), all fees paid to Provider are non-refundable (with no exceptions).
The fee is payable via credit card, Amazon Pay, Apple Pay, Google Pay, or Klarna. By providing Provider with Client’s credit card(s) or payment account(s) information, Client hereby authorizes Provider and Provider’s third-party payment service provider (currently Stripe) to charge such credit card(s) or payment account(s) for the Academy fee. Regarding recurring payments and outstanding invoices: If all eligible payment methods Provider has on file for you are declined for payment of your monthly fee, Client must provide a new eligible payment method promptly or Client’s program access will be removed. Provider has no responsibility or liability for any Client credit card information and/or third-party payment services, and Client shall be solely responsible and liable for any credit card information and related transactions to facilitate payment of the Academy fee. No chargebacks are available or permitted.
If Client does not request a refund within the terms of the Agreement with the required coursework at the time of your refund request, you are required to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.
Provider agrees to provide the Academy, which includes only programs purchased by Client, such as “Simple SEO Content” or “Simple Podcast SEO” as identified in online commerce shopping cart.
As part of the Academy, the Provider shall provide the following to Client:
A Password Protected Academy Area: The Provider shall maintain an Academy Area that will include video, audio and written lessons, templates, worksheets, checklists, slide decks and other training and support information. You shall have access to this Academy Area for as long as the Academy Area exists, however no less than 30 days. In the event that Provider intends to close the Academy Area, it shall provide clients with a 30 day notice to the email address associated with the Client account in the Academy.
From time to time, the Provider will offer bonuses to individuals who sign up for the Academy. Client shall be entitled to any bonuses offered to them at the time of their enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the programs and they vary depending on specific live and automated promotions throughout the year.
The 12 monthly live Q&A sessions with Rachel falls under this bonus category. Client will get access to 12 exclusive monthly Q&A with Rachel which will be recorded and available for replay each month. The Provider reserves the right to discontinue these question-and-answer sessions at any time without any advance notice, however no less than 12 Q&A sessions will be delivered from the date of Client’s purchase.
Provider wants the Client to be satisfied with their purchase, but Provider also wants the Client to give their best effort to apply all of the strategies in the course the Client purchased. Provider will provide a 14-day money-back guarantee for Academy programs. That money-back guarantee is governed by the following terms.
In order to qualify for a refund the Client must submit proof that they did the work in the course and it did not work for them. In the event that the Client decides the purchase was not the right decision, within 14 days of enrollment, they must contact the Provider’s support team at info@etchedmarketing.com by the 14th day at 11:59 EST and request the refund. The Client must include their coursework described below with their request for a refund. If the Client requests a refund and does not include their coursework before the 14-day deadline, they will not be granted a refund. All refunds are discretionary as determined by Provider.
Provider asks for these things to demonstrate an in-good-faith effort on Client’s part to implement the course program. If Client’s coursework does not demonstrate in-good-faith effort Provider reserves the right to deny a refund.
The coursework that the Client needs to submit with their request for a Simple SEO Content refund includes ALL of the following items:
The coursework that the Client needs to submit with their request for a Simple Podcast SEO refund includes ALL of the following items:
Provider will NOT provide refunds more than 14 days following the date of purchase. After day 14, all payments are non-refundable and Client is responsible for full payment of the fees for the program regardless if the Client completes the program.
If the Client opted for a payment plan and did not request a refund before the 14-day deadline, with the required coursework at the time of the refund request, Client is required to complete the remaining payments of their payment plan.
Upon determining that Client is entitled to a refund pursuant to this policy, the Provider will promptly issue an instruction to its payment processor to issue the refund. The Provider does not control its payment processor and will not be able to expedite any refunds.
If Client receives a refund of any purchase through this money-back guarantee, they shall immediately terminate any and all licenses granted to them to use the material provided under this Agreement and the Provider’s Terms of Use. Client shall immediately cease using the material and shall destroy all copies of the information provided to them, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: info@etchedmarketing.com.
The information presented in the Academy programs is intended to be for Client’s educational and informational purposes only.
Provider is not presenting Client with a business opportunity or a distributorship. Providers is not making any claims as to income Client may earn or presenting Client with an opportunity to get rich. Before embarking on any endeavor, Client should use caution and seek the advice Client’s own personal professional advisors, such as Client’s attorney and accountant.
If any income figures are mentioned, those income figures are anecdotal information passed on to Provider concerning the results achieved by the individuals who have completed the Academy programs. Provider has performed no independent verification of the statements made by those individuals. Client should not assume that Client will make the same income. Client should not construe any statement in the Academy programs as a claim or representation of average earnings. There are NO average earnings. Testimonials and statements of individuals are not to be construed as claims or representations of average earnings. Provider cannot, do not, and will not make any claims as to earnings, average, or otherwise.
Success in any endeavor is based on many factors individual to Client. Provider does not know Client’s educational background, skills, prior experience, or the time Client can and will devote to their endeavor. Client must perform its own due diligence before embarking on any course of action. Follow the advice of Client’s personal qualified advisors.
There are risks in any endeavor that are not suitable for everyone. If Client uses capital, only “risk” capital should be used.
There is no guarantee that Client will earn any money using any of the ideas presented in the Academy. Examples in Provider’s materials are not to be interpreted as a promise or guarantee of earnings. Many factors will be important in determining Client’s actual results and no guarantees are made that Client will achieve results similar to Provider’s or anybody else’s. No guarantee is made that Client will achieve any result at all from the ideas in Provider’s material.
Client agrees that Provider will not share in Client’s success, nor will Provider be responsible for Client’s failure or for Client’s actions in any endeavor may undertake.
1. Terms and Conditions. These Terms and Conditions (these “Terms”) herein apply to Client’s participation in the Academy and the use of the Academy IP (as defined below). As used herein, “Academy IP” means all of the content included as part of the Academy program, such as text, graphics, logos, images, service names, designs, slogans, as well as the compilation thereof, any software used, as well as techniques, methods, models, frameworks, processes, data, programs, systems, tools, content, and materials comprising or contained in the Academy (regardless of whether provided or disclosed to Client (i) orally, electronically, in written form, or otherwise, and (ii) before, during or after the Academy), including, without limitation, all contents and materials provided to Client during the recorded modules and live Q&A sessions listed above. By using the Academy IP, Client further agrees to be bound by the Etched Marketing Privacy Policy available at https://www.etchedmarketing.com/privacy.
2. License and Use of the Academy IP. Provider grants to Client a non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable, limited right and license (the “License”) to use the Academy IP solely to assist Client in generating organic traffic to their personal or business website (the “Permitted Use”). Subject to the limited rights expressly granted hereunder, Provider is the exclusive owner of, and reserves all rights, title and interest in and to, the Academy IP (including, without limitation, all related intellectual property rights and all Improvements thereto). No rights are granted to Client hereunder other than as expressly set forth in these Terms. As used herein, “Improvements” means any and all discoveries, improvements, customizations, enhancements, modifications, ideas, concepts, creative works, and designs, whether or not in writing or reduced to practice, and whether or not they are patentable (including, but not limited to, processes, methods, formulas, and techniques and know-how) related to the Academy IP.
3. Academy-Related IP. Any Intellectual Property (a) made, conceived, developed, or reduced to practice, or caused to be made, conceived, developed, or reduced to practice, by Client, alone or in conjunction with others, during the term of the License and (B) disclosed to Provider (whether orally, in writing, electronically or otherwise) (“Academy-Related IP”) will be deemed to have been made or developed by Client solely for Provider’s benefit, will be held in trust for Provider’s exclusive use and benefit, and will be Provider’s sole and exclusive property. Client will not, either during the term of the License or at any time thereafter, use or disclose to any party Academy-Related IP. Client agrees to assign, and does hereby assign, to Provider all right, title, and interest in and to any Academy-Related IP, including, without limitation, any “moral” rights which Client may have in the Academy-Related IP under any copyright law or other similar law. Client also agrees, during the term of the License and at any time thereafter, at Provider’s request and expense but without further consideration, to review, execute, acknowledge, and deliver any and all papers necessary to secure legal protection for Academy-Related IP in any country in the world. Without limiting the generality of the foregoing, Provider may, in its sole discretion, incorporate the Academy-Related IP into the Academy.
4. Prohibited Activities. Client expressly agrees not to: (a) distribute the Academy IP to any other third party; (b) use any of the Academy IP for any purpose (regardless of whether business, educational or otherwise) apart from the Permitted Use (regardless of whether such non-Permitted Uses are for-profit or not-for-profit); (c) copy, modify, adapt, translate, publish, port, display, license, sublicense, rent, lend, lease, loan, sell, resell, assign, transfer, distribute, make derivatives (including, without limitation, improvements, enhancements, revisions or modifications) of, or otherwise transfer or assign any right to, the Academy IP; (d) remove any copyright, trademark, patent or other proprietary notices from the Academy IP; (e) challenge the validity of the copyrights, trademarks, patents or any other rights of Provider to the Academy IP, or title or interest thereto; and (f) use any of the Academy IP to create, promote, market, sell, and/or distribute any similar or competitive program (including, without limitation, any written program, any live or taped seminar, or any program delivered through the Internet or other electronic medium).
5. Confidentiality. Except as expressly provided in these Terms, Client will (a) keep confidential and not divulge, furnish or make accessible to any party any Confidential Information, and (b) not use the Confidential Information for the benefit of any third party. As used herein, “Confidential Information” means all information concerning or related to the Academy IP (whether prepared by Provider, its advisors or otherwise, and regardless of the form in which such information appears and whether or not such information has been reduced to a tangible form).
6. Late Fees/Suspension. Provider may charge interest on all overdue fees at a rate equal to one and one-half percent (1.5%) per month (or, if lower, the maximum allowable by applicable laws) on the unpaid amount until such amounts are paid. If Client fails to pay, when due, any fees, late fees, or other charges due to Provider under this Agreement, Provider may, in Provider’s sole and absolute discretion and upon written notice to Client, immediately suspend Provider’s provision of Academy services. Client expressly acknowledges and agrees that Provider will have no liability to Client whatsoever if Provider elects to suspend Provider’s provision of Academy services (even if Provider has been advised of the possibility of damages (which include, but are not limited to, loss of revenue or profits, business interruption, and/or loss of goodwill)).
7. Independent Contractor. Provider is an independent contractor and not an agent, employee, partner, joint venture partner, subsidiary or an affiliated entity of Client. Nothing contained in this Agreement is intended or is to be construed to imply a joint venture, employer and employee, or principal and agent relationship between Client and Provider. No party shall incur any debts or make any commitments on behalf of the other party, except to and only to the extent, if at all, specifically provided in this Agreement.
8. Termination. Provider may terminate the License and this Agreement immediately upon written notice to Client in the event of Client’s breach of any provision of this Agreement (including, without limitation, any provision of these Terms). Upon termination of the License and this Agreement by Provider, Client will immediately (a) cease all use of the Academy IP and (b) return to Provider all Confidential Information and destroy all copies of such Confidential Information which exist in any tangible form (including written and electronic forms).
9. Inspection and Audit Rights. Provider may, at its expense, inspect, audit, and make copies of Client’s books and records, and other existing documents and data for purposes of verifying the performance by Client of its obligations under these Terms; provided, that if Provider’s inspection/audit reveals a violation of such obligations, then Client will be required to reimburse Provider for any reasonable expenses incurred by Provider in undertaking such inspection/audit.
10. Indemnification. Client shall defend, indemnify and hold harmless Provider and its affiliates, members, managers, officers, directors, employees, insurers, counsel, representatives, and agents (each an “Indemnitee”) from and against any and all claims (including, without limitation, any investigation, action or other proceeding, whether instituted by a third party against an Indemnitee or by an Indemnitee for the purpose of enforcing its rights hereunder), damages, losses, liabilities, costs and expenses (including, without limitation, attorneys' fees and court costs) that constitute, or arise out of or in connection with any breach by Client of Client’s representations, warranties, agreements and covenants set forth in this Agreement.
11. Disclaimers. ALL ACADEMY CONTENT IS PROVIDED “AS-IS” AND PROVIDER MAKES NO WARRANTY, REPRESENTATION, GUARANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), WITH RESPECT TO THE ACADEMY OR ACADEMY IP PROVIDED TO CLIENT PURSUANT TO THE LICENSE AND THIS AGREEMENT. CLIENT ACKNOWLEDGES AND AGREES THAT PROVIDER HAS NOT PROVIDED ANY GUARANTEE OF SUCCESS OR OF SPECIFIC RESULTS IN CONNECTION WITH THE ACADEMY, THE ACADEMY IP OR CLIENT’S USE THEREOF, AND HAS NOT PROVIDED ANY REPRESENTATIONS OR WARRANTIES REGARDING THE OUTCOME FROM CLIENT’S USE OF THE ACADEMY OR THE ACADEMY IP.
12. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL PROVIDER BE LIABLE TO CLIENT OR ANY CLIENT PARTY FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR MULTIPLE DAMAGES ARISING OUT OF OR RELATED TO THE ACADEMY, THE LICENSE, CLIENT’S PARTICIPATION IN THE ACADEMY AND/OR USE OF THE ACADEMY IP, OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH CLAIM IS BASED (WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY), EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (WHICH INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, SAVINGS OR REVENUE, OR THE CLAIMS OF THIRD PARTIES). As used herein, “Client Party” means Client and all of its past, present and future parent corporations, subsidiaries, affiliates, equity holders, directors, officers, managers, employees, Clients, representatives, and agents.
13. Miscellaneous.
(a) Counterparts; Electronic Transmission of Signatures. This Agreement may be executed simultaneously in one or more counterparts, but all such counterparts taken together will constitute one and the same Agreement. The exchange of copies of this Agreement and of signature pages by.pdf delivered via email or via secure electronic transmission (such as DocuSign) will constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes.
(b) Entire Agreement; Amendment. This Agreement constitutes the entire agreement of Provider and Client with respect to the transactions contemplated hereby and supersedes all prior and contemporaneous written and oral agreements, representations and communications between Provider and Client relating to such transactions. This Agreement may be amended, supplemented, or otherwise modified only by a writing signed by both Provider and Client, and any such amendment shall be effective only to the extent specifically set forth in such writing.
(c) Equitable Relief. Client acknowledges and agrees that Provider would be irreparably damaged in the event that any of the provisions of this Agreement are not performed by Client in accordance with their specific terms or are otherwise breached, and that money damages would not be a sufficient remedy for such breach. Accordingly, Client agrees that Provider will be entitled to equitable relief, including injunction and specific performance, as a remedy for any such breach, without any requirement to post bond or other security or to prove actual damage or harm. Such remedies shall not be deemed to be the exclusive remedies for any such breach but shall be in addition to all other remedies available at law or in equity.
(d) Force Majeure. Provider shall not be liable to Client for any delay in or failure of Provider’s performance under this Agreement (including, without limitation, Provider’s failure to make available the Academy or any component thereof) resulting from any act of God, fire, flood, explosion or other natural disaster, pandemic (including, without limitation, Covid-19), actions or impositions by Federal, state or local authorities, strike, labor dispute, vandalism, riot, commotion, act of public enemies, blockage or embargo or any other cause beyond Provider’s reasonable control (“Force Majeure”). Upon the occurrence of any such event that results in, or will result in, a delay or failure to perform, Provider shall be relieved from fulfilling Provider’s obligations under this Agreement during the period of such Force Majeure event.
(e) Governing Law; Consent to Jurisdiction. This Agreement is governed by, and shall be construed and enforced in accordance with, the laws of the State of Arizona, without giving effect to any conflict of laws rules, and each party hereto irrevocably submits to the exclusive jurisdiction of the federal and state courts located in Phoenix, Arizona for the purposes of any action or proceeding arising out of or relating to this Agreement. Each party hereby waives any objection based on forum non conveniens and waives any objection to venue of any action instituted under this Agreement. If any legal action or any arbitration or other proceeding is brought in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees, accounting fees, and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. The phrase “prevailing party” means the party who is determined in the proceeding to have prevailed or who prevails by dismissal, default, judgment, or otherwise.
(f) Notices. Any notice, demand or request required or permitted to be given under this Agreement shall be in writing and shall be deemed given (i) when delivered personally (including by recognized national courier), (ii) when receipt is confirmed if sent by email, or (iii) five (5) days after deposited in the U.S. mail, first class mail, registered or certified, with postage prepaid, and addressed to the parties at the addresses set forth on the signature page hereof or such other address as a party may request by notifying the other party in writing.
(g) Severability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.
(h) Successors and Assigns. Client may not assign Client’s rights or delegate or cause to be assumed Client’s obligations hereunder without Provider’s prior written consent (which consent may be withheld in Provider’s sole and absolute consent). Any attempted assignment, delegation or assumption not in accordance with this Section 13(h) shall be null and void and of no force or effect whatsoever. The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and permitted assigns of the parties.
(i) Survival. The provisions of Sections 1, 2 (but not first sentence) and 3-13 will survive any termination of this Agreement and/or the License.
(j) Use of Client Testimonials. Provider has the right to use all Client testimonials, survey results, and other feedback regarding the Academy (collectively, the “Client Feedback”) in all advertising, marketing and promotional materials designed to promote Provider and its goods and services anywhere in the world. Client hereby grants Provider a non-exclusive, royalty-free, perpetual, worldwide license to use in all advertising, marketing and promotional materials designed to promote Provider and its goods and services anywhere in the world: (i) Client’s name, and (ii) the Client Feedback. Client agrees that no monetary or other consideration shall be due Client for the rights granted or the uses described in this Section 13(j).
(k) Waivers. The due performance or observance by the parties of their respective obligations under this Agreement shall not be waived, and the rights and remedies of the parties shall not be affected, by any course of dealing or performance or by any delay or failure of any party in exercising any such right or remedy. The due performance or observance by a party of any of its obligations under this Agreement may be waived only by a writing signed by the party against whom enforcement of such waiver is sought.
Last updated on March 23, 2025