This Agreement (“Agreement”) is made effective by and between Jess, XO (the “Company”), and purchaser of the digital product (hereafter “Client”), for the purpose of Client purchasing a digital Promptlate product from Company’s online shop (the “Product”). Client agrees to the terms and conditions below by checking the box in the online shopping cart checkout or by submitting payment for the Product.
After purchasing the digital product, the Client will be given access to the product materials in within [48 hours] through a download delivered in his/her email. The client will have lifetime access to the materials so long as the product(s) is/are available.
ChiChis And Me hereby grants to Client one (1) exclusive, non-sublicensable, non-transferable, license to use the Product. Client understands and agrees that the Product materials may not be shared with any third party. In the event Company suspects that the Product is being shared with another party, Company reserves the right to immediately terminate Client’s access to the Product.
Client may use the Product for his/her own personal use and Client is not obligated to tag or give credit to Company for the copy in the Product he/she uses, posts, or shares. Client may NOT use all or any of the product on any of their social media accounts
2. Fees & Payment Processing
In consideration for access to the Product provided by ChiChis And Me, Client agrees to compensate Company the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, Client shall provide a new eligible payment method before receiving access to the Product. In the event Client has already been given access to the Product and a payment method is declined, ChiChis And Me reserves the right to collect any and all outstanding receivables.
3. Refund Policy
Due to the nature of digital products being immediately accessible upon purchase, no refunds of any fees or other amounts paid by the Client in connection with the Product will be allowed under any circumstances.
Regarding the booking of services: Due to limited seating please know that ChiChis And Me is holding this date and time for you. Due to the nature of digital products and services, all products and services provided on this website are non-refundable. There are no exceptions under any circumstances and all sales are final.
If you cancel within 48 hours before the scheduled event we offer you a credit to your account.
You may then use this credit at a later date or you may transfer it to a friend.
4. Personal Information
By purchasing the Product, Client will be asked to provide personal information including his/her name, email address, mailing and billing address. Client agrees to allow ChiChis And Me access to this personal information for all lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating ChiChis And Me on any changes to his/her identifying information.
The billing information provided to ChiChis And Me by Client will be kept secure and is subject to the same confidentiality and accuracy requirements as Client’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.
Any photos sent to ChiChis And Me will become the property of ChiChis And Me and may be published on our website and on any of our social media platforms.
5. Warranties & Libialities
ChiChis And Me makes every effort to ensure that the Product is accurate and fit for the use of ChiChis And Me’s customers. However, ChiChis And Me takes no responsibility whatsoever for the suitability of the Product, and ChiChis And Me provides no warranties as to the function or use of the Product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. Client agrees to indemnify ChiChis And Me against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Client’s breach of these terms and conditions. Company shall not be liable to Client or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
6. Force Majeure
If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.
7. Guarantees
ChiChis And Me does not make any guarantees as to the results, including financial or other personal gains, of Client’s use of the Product. Client agrees to take responsibility for Client’s own results with regard to using the Product.
8. Release & General Expectiations
Client has spent a satisfactory amount of time reviewing ChiChis And Me’s business and has a reasonable expectation that ChiChis And Me’s Product will produce different outcomes and results for each Client. Client understands and agrees that:
9. Entire Aggreement
This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
10. Venue & Jurisdiction
The laws of the State of Kansas shall govern this contract, and any resulting arbitration shall take place within Sedgwick County, Kansas. Both parties assume responsibility for all collection costs and legal fees incurred should enforcement of this Agreement become necessary.
11 Mediation & Arbitration
Any and all disputes or disagreements rising between the parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in San Juan County, New Mexico, unless another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
12. Transfer
This agreement cannot be transferred or assigned to any third party without written consent of both parties.
13. Severability
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
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Email: admin@chichisandme.com
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