COURSE PURCHASE TERMS
You are purchasing a Dream.Love.Paint E-Course (the “Course”) from Paint Your Dreams, LLC, a Kentucky limited liability company (the “Company,” “we,” “us,” or “our”). You must be at lease fifteen (15) years of age to purchase the Course. Anyone under the age of majority should review these Course Purchase Terms with their parent or legal guardian before proceeding. By purchasing the Course, you and the Company agree to the following legal terms and conditions regarding your use of the Course (the “Course Purchase Terms”), which may change without notice to you. You also agree to the Company’s Terms and Conditions, Terms of Purchase, and Privacy Policy.
INTELLECTUAL PROPERTY
You agree that the Course contains proprietary information and material that is derived in whole or in part from material owned by the Company and/or its licensors and affiliates (the “Content”), and is protected by U.S. and international copyright, trademark and other intellectual property law. No Content (including but not limited to the text, images, audio and/or video) may be copied, reproduced, duplicated, stored in a retrieval system, transmitted, or distributed in any form or by any means without the prior express written consent of the Company.
The Course is being provided solely for your personal, non-commercial use, and you agree that you will not use the proprietary information in any way whatsoever except for use in compliance with these Course Purchase Terms. Unless otherwise expressly stated herein, you may not modify, copy, reproduce, sub-license, re-publish, sell, upload, broadcast, post, transmit, make available, disseminate, or distribute in any way any materials from the Course. You may not modify, adapt, merge, translate, disassemble, decompile, recompile, or reverse engineer any software forming part of the materials for the Course or create derivative works, resource guides, marketing or business materials, source materials, intellectual property, websites, blogs, web content, or any other works that reference the Course or infringe on any of the Company’s intellectual property in any way.
ANY USE OF THE COMPANY’S COURSE NOT EXPRESSLY PERMITTED IN THESE Course Purchase Terms IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND/OR ITS LICENSORS AND AFFILIATES.
In consideration of purchasing the Course, the Company grants to you a non-exclusive, non-transferrable license to use the Course and its materials. If you would like to take the Course with a collaborator, you will each need to purchase the Course individually.
PRIVACY AND CONFIDENTIALITY
The Course is subject to the Company’s Privacy Policy. The Company has no desire to collect personal information from children under the age of fifteen (15), and may request proof of age to verify that minors are not using the Course. The Company respects your privacy, and in turn that you respect the privacy of other people that participate in the Course (the “Participants”). While you are free to discuss your personal results from our Course, you must keep the experience and statements, oral or written, of all other Participants in the strictest of confidence.
THIRD-PARTY LINKS
Certain content, products and services available through the Course may include materials from third parties. Third party links on this site may direct you to third-party websites that are not affiliated with us and they may be either withdrawn or terminated at any time without any liability on the part of the Company. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You hereby waive any claim against the Company with respect to all third party websites. Your linking to any third party website is at your own risk, and you are responsible for learning about and complying with all terms and conditions posted on any third party website. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
PAYMENT
After you order the Course online, you will receive an email confirmation. The price of the Course displayed on the website excludes all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. Stripe shall authorize your credit card, bank account, or other approved payment facility you provided for the full payment of the fees and any applicable taxes, and you hereby consent to the same.
Once your payment is confirmed, you will receive an email message that explains how to proceed with the Course. The email will direct you to the third-party that hosts the Course, and also contain a login and password that provides access for a period of one year from the start date of the Course. (4 months if you purchased the course during the 2020 Summer Escape Sale)
REFUND POLICY
The Company offers a 100% money back guarantee for a period of fifteen (15) days from the day your payment is accepted, or the release date of the Course if it has not started when you purchase. No refund may be requested until after the Course starts, and participation in the Course must be demonstrated.
SYSTEM REQUIREMENTS
Please note that it is your responsibility to check that the computer you plan to use to access the Course is compatible with the minimum specification requirement that relates to the Course you are ordering.
SYSTEM REQUIREMENTS: This is an online course and you will need a high-speed internet access connection as all videos are in high-definition. You can read, watch and listen to the materials on laptop, desktop or mobile device.
You acknowledge and accept that the Company cannot be held responsible for any technical problems you encounter following the purchase of the Course.
WARRANTIES
YOU AGREE THAT YOUR USE OF THE COURSE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. THE COMPANY, ITS SUCCESSORS, ASSIGNS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND INSTRUCTORS DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, TO YOU IN CONNECTION WITH THE COURSE AND YOUR USE THEREOF. By purchasing the COURSE, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your results of any kind. You also understand that any statements of endorsement by Course Participants have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements made by us are simply our opinion and thus are not guarantees or promises of actual performance.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS OR LICENSEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OR PURCHASE OF THE COURSE.
THE USE OF THE COURSE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD OR STREAM IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AS A RESULT, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR STREAMING OF THE COURSE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COURSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR PURCHASE AND USE OF THE COURSE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THE COMPANY’S TERMS AND CONDITIONS, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE COURSE FEE YOU PAID. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF THE COURSE.
ADDITIONAL COURSE PURCHASE TERMS
Governing Law The Course Purchase Terms shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Kentucky without regard to Kentucky’s conflict of law principles. You agree to submit to the jurisdiction of any state court located within Bourbon County, Kentucky, and irrevocably agree that all actions or proceedings related to these Membership Terms will be litigated in such courts.
Binding Effect The Course Purchase Terms shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and permitted assigns of the parties. You have no right to assign the Course Purchase Terms, by operation of law or otherwise. The Course is NOT transferrable.
Termination The Company is committed to providing all Course purchasers with a positive experience. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of the Course Purchase Terms, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in the Course without refund; and/or (b) terminate the Course Purchase Terms. You agree that your obligations to the Company under these Course Purchase Terms will survive expiration or termination of the Course Purchase Terms for any reason, and that the Company shall not be liable to you or any third party in the event of such termination of the Course.
Changes The Company reserves the right at any time to modify the Course Purchase Terms and to impose new or additional terms or conditions on your use of the Course. Such modifications and additional terms and conditions shall be effective immediately and incorporated into these Course Purchase Terms. Your continued use of the Course will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Company’s website or you may be notified by either e-mail or postal mail.
Entire Agreement The Course Purchase Terms are absolute and unconditional and constitute the full, complete and entire understanding and agreement between you and the Company with respect to the subject matter hereof. By purchasing the E-Course, you acknowledge and affirm that you are not doing so in reliance upon any promises, representations, statements, warranties, covenants or undertakings not contained within the Course Purchase Terms. Any ambiguities in the Course Purchase Terms shall not be construed against the Company.
Waiver No failure to exercise and no delay in exercising any right, remedy, or power under the Course Purchase Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power under the Course Purchase Terms preclude any other or further exercise thereof, or the exercise of any other right, remedy, or power provided herein or by law or in equity.
Severability If for any reason any provision of the Course Purchase Terms is determined to be invalid or unenforceable, that provision shall be deemed modified to whatever extent necessary to render it enforceable, and if any Court declines to so modify the provision, then the remaining provisions of the Course Purchase Terms nevertheless shall be construed, performed, and enforced as if the invalidated or unenforceable provision had not been included in the text of the Course Purchase Terms.
Updated May 7, 2020
