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SAY YES CREATIVE TERMS AND CONDITIONS
WELCOME TO THE RAISE YOUR HAND SAY YES INNER CIRCLE! THESE TERMS AND CONDITIONS GOVERN YOUR PURCHASE AND/OR USE OF THE INNER CIRCLE. The Raise Your Hand Say Yes Inner Circle is a supported business and creativity e-course that runs from October 1, 2018 through September 30, 2019. Say Yes Creative, LLC is the owner and administrator of the Raise Your Hand Say Yes Inner Circle. Say Yes Creative, LLC is referred to in these Terms and Conditions as “I,” “Me,” or “My.”
BY PURCHASING AND/OR USING RAISE YOUR HAND SAY YES INNER CIRCLE YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM. If you do not agree or do not wish to be bound by these Terms and Conditions, do not otherwise access or use any Raise Your Hand Say Yes Inner Circle course content. If at any time you find these Terms and Conditions unacceptable, you must cease all use of Raise Your Hand Say Yes Inner Circle.
THE SHORT AND SWEET VERSION:
You acknowledge that you are at least 18 years old.
You agree to have your purchase of Raise Your Hand Say Yes Inner Circle processed through PayPal, Stripe, or another third-party payment platform.
All sales of Raise Your Hand Say Yes Inner Circle are final and nonrefundable.
You acknowledge the Raise Your Hand Say Yes Inner Circle course content and materials may contain affiliate links.
You acknowledge that we have certain rights to Raise Your Hand Say Yes Inner Circle course content and materials and you agree not to share the content or materials with others without our permission.
You agree that you are purchasing or using Raise Your Hand Say Yes Inner Circle to improve your existing business or creative projects and not to create a competitive or similar product or service.
You agree that you are purchasing or using Raise Your Hand Say Yes Inner Circle on an “as is” basis and that we make no guarantees that Raise Your Hand Say Yes Inner Circle is error-free.
You agree that you are purchasing or using Raise Your Hand Say Yes Inner Circle at your own risk and that we are not liable for any damages to you or your business that result from you purchasing or using Raise Your Hand Say Yes Inner Circle.
You agree to defend, compensate, and hold us harmless for any claims made against us arising or resulting from your breach of these terms, access or misuse of Raise Your Hand Say Yes Inner Circle course content and materials, or violation of the rights of any third-parties.
THE LONG VERSION:
REPRESENTATION OF AGE
You agree that by purchasing or using any part of Raise Your Hand Say Yes Inner Circle you represent that you are at least 18 years old and that you are legally able to agree to these Terms and Conditions.
PAYMENTS AND PAYMENT PROCESSING
Payment for Raise Your Hand Say Yes Inner Circle shall be made in either a single payment or twelve (12) installments, with each installment equal to approximately one-twelfth of the total purchase price. The first installment, due upon initial registration in the Raise Your Hand Say Yes Inner Circle, serves as a nonrefundable deposit to reserve a spot in the program. The subsequent installments, due each month, will be the remaining balance owed that must be paid to be granted access to course content and materials. IF YOU DO NOT PAY THE INSTALLMENTS WHEN THEY ARE DUE, YOU WILL NOT BE GRANTED ACCESS TO COURSE CONTENT AND MATERIALS AND YOU WILL NOT RECEIVE A REFUND OF YOUR DEPOSIT OR PREVIOUS PAYMENTS.
You agree to have your purchase of Raise Your Hand Say Yes Inner Circle processed through PayPal, Stripe, or any other third-party payment platform we deem appropriate for processing payments for this purpose.
You will receive an email confirming your purchase of Raise Your Hand Say Yes Inner Circle. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
I DISCLAIM ALL LIABILITY FOR ANY INACCURACY OR ERROR IN THE DESCRIPTION AND PRICING OF RAISE YOUR HAND SAY YES INNER CIRCLE. I RESERVE THE RIGHT TO REFUSE OR CANCEL YOUR PURCHASE OF RAISE YOUR HAND SAY YES INNER CIRCLE IF IT HAS AN INCORRECT PRICE LISTING.
All sales of Raise Your Hand Say Yes Inner Circle are final and nonrefundable. I put a lot of effort and care into creating this course and believe that this course can help you gain clarity and confidence in your creative work and life. You agree that Raise Your Hand Say Yes Inner Circle is a good investment for you.
HYPERLINKS, AFFILIATED SITES, AND THIRD-PARTY SERVICES
You acknowledge that website links provided in the course content and materials may not be under the control of the Say Yes Creative, LLC, and therefore I am not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of those sites.
You acknowledge that Raise Your Hand Say Yes Inner Circle course content and materials may contain links to affiliated sites. This means that I may receive a commission if you click on the link and make a purchase from the affiliate.
Raise Your Hand Say Yes Inner Circle may include the use of third-party services, such as Facebook or Mighty Network, for purposes of creating a discussion forum and community of support. You agree to comply with any applicable terms associated with your use of those services as a Raise Your Hand Say Yes Inner Circle participant.
Raise Your Hand Say Yes Inner Circle contains content and materials, such as video lessons and tutorials, course worksheets, and other materials provided by or on behalf of Say Yes Creative, LLC. The content and materials may be owned by me or third parties. Unauthorized use or sharing of the content or materials may violate copyright, trademark, and other laws.
I grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable right to use Raise Your Hand Say Yes Inner Circle course content and materials for your personal, non-commercial use. For example, purchasing or using Raise Your Hand Say Yes Inner Circle to create a competitive or similar product or service is in violation of these Terms and Conditions. No other use is permitted without the prior written consent of Say Yes Creative, LLC. Allowing someone else to use your login and password to view or access Raise Your Hand Say Yes Inner Circle course content and materials, or otherwise sharing course content or materials without our permission, is also a violation of these Terms and Conditions. You may not assign or transfer any of your rights or obligations under this section to any person or entity and any attempt to do so is void.
ACCESS TO COURSE MATERIALS
Your purchase of Raise Your Hand Say Yes Inner Circle includes lifetime access to Raise Your Hand Say Yes Inner Circle course content and materials. However, I reserve the right to discontinue the course at any time after the course ends. In the event I choose to discontinue Raise Your Hand Say Yes Inner Circle, I will notify you via the email address I have for you on file and will provide you a reasonable amount of time to download any content you wish to save.
I will notify you via the email address I have for you on file if I update any Raise Your Hand Say Yes Inner Circle course materials. While I will do my best to keep Raise Your Hand Say Yes Inner Circle course materials updated, I do not guarantee that updates to Raise Your Hand Say Yes Inner Circle course materials will correspond with updates made by relevant third parties.
I DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
I AM MAKING RAISE YOUR HAND SAY YES INNCER CIRCLE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, RAISE YOUR HAND SAY YES INNER CIRCLE.
I DO NOT WARRANT THAT RAISE YOUR HAND SAY YES INNER CIRCLE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF RAISE YOUR HAND SAY YES INNER CIRCL WILL BE UNINTERRUPTED OR FREE OF ERRORS, DEFECTS, VIRUSES, OR OTHER INACCURACIES. I DO NOT WARRANT THAT RAISE YOUR HAND SAY YES INNER CIRCLE WILL BE FREE FROM HACKERS OR ANY OTHER UNAUTHORIZED PERSONS. I DO NOT WARRANT THAT RAISE YOUR HAND SAY YES INNER CIRCLE WILL OPERATE WITH OTHER HARDWARE OR SOFTWARE THAT YOU USE.
LIMITATION OF LIABILITY
YOUR USE OF RAISE YOUR HAND SAY YES INNER CIRCLE IS AT YOUR OWN RISK.
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL I BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE. ADDITIONALLY, I AM NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND/OR (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER THE LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY.
THE FOREGOING APPLIES EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, MY LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF RAISE YOUR HAND SAY YES INNER CIRCLE.
You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these terms; (ii) your access to, use or misuse of the course content and associated materials; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right.
GOVERNING LAW, JURISDICTION, AND VENUE
These Terms and Conditions shall be governed and interpreted pursuant to the laws of the State of California, United States of America, as applied to contracts that are executed and performed entirely in California.
You agree to submit to personal jurisdiction and venue in Contra Costa County, California for purposes of any arbitration or court proceeding arising out of these Terms and Conditions or related subject matter.
REVISIONS OR MODIFICATIONS
I reserve the right to change or update these Terms and Conditions at any time. If I make material changes to these Terms and Conditions, you will be notified via the email address we have for you on file.
Except as specifically provided in these Terms and Conditions, a waiver from time to time by me of any of our rights or any failure to exercise any of our remedies shall not operate or be construed as a continuing waiver of the same or any other rights or remedies provided in these Terms and Conditions.
If any part of these Terms and Conditions is held unlawful, void, unenforceable, or in conflict with any laws governing this agreement, that part shall be deemed severed from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions.
VIOLATIONS OF THIS AGREEMENT
If you violate any part of these Terms and Conditions, your permission to access and use Raise Your Hand Say Yes Inner Circle and any related course content and materials as described herein automatically terminates and you must immediately destroy any copies you have made of the content.
I agree to all terms and statements above, and it is my intent, to indicate agreement by typing my name and electronically submitting this record/document. I understand that my submitting this record/document in this fashion is the legal equivalent of having placed my handwritten signature on the submitted record/document and this affirmation. I understand and agree that by submitting this record/document in this fashion I am affirming to the truth of the information contained therein.
Effective: September 4, 2018