IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE PURCHASING THIS COURSE!
“Products” referred to by these Terms include but are not limited to: forms, templates, worksheets, communications, audio files, videos) and any other related items for paid purchase or for which you supply personal information, including free downloaded material or other information available through the Sites, obtained from Course. All such Products are the intellectual property of and are owned by Course.
By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Course’s Products and contact Kim Hartz Photography LLC immediately. Failure to agree to these Terms will not result in a refund (partial, prorated or otherwise).
Understand that by using these Sites, any Products, services or applications for which you tender payment, you agree that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.
WHAT WE DO
NO WARRANTY FOR RESULTS
Brand Brilliantly (course) provides information we hope will be helpful to those of you who have chosen to learn the outlined educational topic. While the course makes an effort to keep such documents current and updated, because industry health, market conditions and other external forces are constantly changing and varies, the Course can in no way guarantee the effectiveness of its services, Products or any materials. Although specific information may be adequate in general circumstances, Course cannot guarantee that it will be effective in every application or circumstance.
Please keep in mind that nothing contained in the site or available through the Products, Materials and services of Course is intended to guarantee specific results. Your interaction with Course in any capacity does not form such a relationship. Course’s performance of services related to those offered through the Sites, information provided on the Sites, and Products sold through the Sites likewise does not create an express or implied warranty in any particular circumstance.
Course will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. Course will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. Course is the sole manager of such information collected on the Sites. Course will use such information to respond to you as necessary. You grant Course a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.
Links on the Sites may be affiliate links controlled by parties other than Course to help support the maintenance of the Sites. Course does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate sites and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Course from any loss or damage incurred from dealing with such affiliate.
Stock photography may be used on the Sites – all images are being used under license through the company providing the stock images.
INTELLECTUAL PROPERTY LICENSE
Course retains ownership of the intellectual property in (a) all text, logo, images, headers, trademarks, service marks, graphic, design, selection and arrangements thereof appearing on the Sites; (b) within or on any Products; (c) any content made available to you pursuant to your use of Course’s services; and (d) any other intellectual property rights afforded to Course either through state or federal registration, or as otherwise available at common law (“Intellectual Property”). Except as stated below, Course does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Sites or services, including but not limited to workshops, worksheets, or through one-on-one advice sessions.
You agree not to make unauthorized use of or otherwise infringe upon Course’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. Course will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.
(1) abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;
(2) abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, any state trademark authority, and as provided by common law;
(3) do not use the Products or otherwise offer them on any website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and
(4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products accordingly in no way expands the limited license provided herein, nor does it include ownership of any intellectual property rights, or a general right of modification beyond that allowed by Permitted Use.
You are reminded that Course will prosecute any unauthorized reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution, which is expressly outside of Permitted Use defined herein, to the fullest extent of the law.
Please remember that it is your responsibility to download the Product immediately and securely back up all purchases. Course is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and Course will not reimburse you for such downloads.
In the event that your form of payment is declined or otherwise fails, Course will contact you via a courtesy email to inform you of such problem. Failure to receive a courtesy email does not remove your responsibility for a timely payment. Course will revoke your access to Products until such time as payment for amounts due is received. In the event of a default in the payment of the said installments, Course, without notice or demand, may declare the entire balance then unpaid immediately due and payable.
If a payment failure is not resolved within the time period determined by Course, Course reserves the right to decline your access to Products and may pursue whatever remedies may be appropriate, including submitting such amounts past due and balances remaining on the purchase payment plan to a collections agency of its choice.
To access Course, you must purchase access from Kim Hartz Photography LLC. The access license you will receive upon successful payment includes an individualized username and password. The license is non-transferable and is intended for use solely by your individual person or employees under your business entity. Under this agreement, access does not provide a license for sharing, duplication or any other method of sharing the material contained in the Course. Violating this limited license will be prosecuted to the full extent of the law.
The purchase terms of this course include a refund policy on a limited basis. To grant a refund, whole or in part, shall be at the complete discretion of Brand Brilliantly. In order to submit a request for refund, all coursework assignments must be submitted within 30 DAYS of purchase through submission of a refund request HERE.
Your refund request must be accompanied with all adequately and fully completed coursework. Failure to submit the accompanying materials will not extend the time for refund request despite the timely submission of the request form. Upon approval of the refund, access to the course materials will be terminated and refunds will be processed within 30 days after purchase.
PRODUCTS ARE PROVIDED “AS IS”. THE COURSE OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. Course MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACURRATE AND RELIABLE IN ALL INSTANCES.
LIMITATION OF LIABILITY AND INDEMNIFICATION
EXCEPT AS PROHIBITED BY LAW, THE COURSE SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION.
EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO THE COURSE, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.
GOVERNING LAW; VENUE
These Terms shall be construed in accordance with, and governed in all respects by, the laws of the Texas. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for the Houston, Texas. Course reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Course’s Products, Materials and services.
Kim Hartz Photography LLC may, at any time, amend, alter or change these terms and conditions. Amendments and addition of terms are effective immediately upon change. Any use of the Sites or Course after this change demonstrates an acceptance of terms.
No waiver of these Terms shall be deemed, or shall constitute, a waiver of any term, provision or effectiveness of the Terms herein.