TERMS OF SERVICE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

SchulmanArt, LLC reserves the right to modify these terms of service at its discretion, or against any customer it believes is abusing this policy. Any such revision or change will be binding and effective immediately following the posting of the revised terms of service on the TheInspirationPlace.net website.

See our Earnings Disclaimer here.

INDEX:

Signature Art Classes and Workshops

Online Course Terms & Conditions

The following Terms and Conditions are entered into by and between You (“Client” or “You”) and [SchulmanArt LLC] (“Company”, “we”, or “us”).

Program

The terms of service in this agreement apply to:

Watercolor Portrait Academy
Pet Portrait Academy (including Crazy Cats and Dog Days)
Watercolor Secrets
Farm Animal Secrets
Mixed Media Madness
Painting with Words
Print Apprenticeship
Inspired Insiders' Library
Inspired Art Pricing Toolkit
Email Marketing Mastery for Artists
Artist Publicity Power Pack
Winter Woodlands Workshop
Art Video Academy
Artpreneur Marketing Mastery

The Company agrees to provide you with access to the Online Courses as titled above (“Program”). As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Terms of Use, Privacy Policy, & Disclaimer

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

Nature of The Relationship

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

Fees

In consideration of Your access to the Program, you agree to pay the following fees.

You may choose between a single payment or monthly payments. If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged as specified on the checkout page on a monthly basis If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program.

Payment Plan Authorization

If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

Refund Policy

The Company provides a money-back guarantee for the Program. That money-back guarantee is governed by the following terms.

We want You to be satisfied with your purchase, so we offer a no-questions asked money-back guarantee. To claim a refund, You must request your money back within 7 days of the purchase. You may request your money back by emailing [email protected] and must be sent on a business day during normal working hours. (Monday - Thursday 9am- 5pm ET)

That email must reference the Product, set out the date of Your purchase, and the email and name associated with the purchase. You are not required to submit any proof that you have completed any work or meet any other requirements.

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

Refunds are NOT issued for the sole reason that You made a payment with a different credit card or PayPal account than You intended. If You elect for a payment plan and have remaining payments to make on your account, you may request to change your payment method for future payments, but not for payments already completed.

The Program

As part of the Program, the Company shall provide the following to Client.

Access To Program Area – The Company shall maintain a Program Area that may include lessons, forms, worksheets, checklists, and other information. You shall have access to this Program Area for as long as the Program Area exists. In the event that Company intends to close the Program Area, it shall provide clients with 14 days’ notice and the ability to download the resources contained in the Program Area.

Access To Private Discussion Group – The Company shall maintain a Private Group that You will have access to as a member of the Program. That Group provides a forum for You to connect with other Program participants and to seek guidance and support. Members of the Company will seek to interact with Program participants in the group, but the Company does not make any guarantees about participation by any of its employee, founders, or members in the Group. You are required to abide by any and all rules posted in that Group. If you fail to abide by those rules, you will forfeit your right to participate in that Group. In the event you lose your right to participate in the Group as a result of rules violation, you shall not receive a refund.

Bonuses – From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of registration.

See “Additional Terms of Service” for all Inspiration Place programs

Artist Incubator Inner Circle (previously "Accelerator")

Artist Incubator Inner Circle Terms & Conditions

The following Terms and Conditions are entered into by and between You (“Client” or “You”), Miriam Schulman of SchulmanArt, LLC (“Coach”) and [SchulmanArt LLC] (“Company”, “we”, or “us”).

Program

The Company agrees to provide you with access to the Online Course entitled, “[Artist Incubator Inner Circle]” (“Program”). As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Terms of Use, Privacy Policy, & Disclaimer

Nature of The Relationship

An effective coaching relationship requires mutual understanding and respect between the Coach and the Client. That requires the parties to agree to some basic tenets of coaching, including:

Coach and Client agree to communicate honestly, to be open to feedback, and to make time and space to participate fully in the coaching sessions called for hereunder. Client specifically agrees to be open to coaching.

Coaching services are intended for individuals who are in generally good health, are generally well adjusted, are functioning effectively, and are not in need of medical treatment (including for mental health disorders). Coaching does not involve the diagnosis or treatment of any medical or mental disorders and does not prevent, cure, or treat any mental disorder or medical disease. Further, coaching is not a substitute for therapy, counseling, psychoanalysis, medical treatment, substance abuse treatment, or the advice or services of a medical professional. It is the Client’s responsibility to seek independent guidance from medical professionals to the extent necessary.

By participating in the coaching, you agree to accept personal responsibility for the results of your actions. You agree that the Coach has not made any guarantees about the results of taking any action, whether recommended during any coaching session or not. You recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Coach.

Fees

In consideration of Your access to the Program, you agree to pay the following fees.

You may choose between a single payment (due immediately) or monthly payments. If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following payments on a monthly basis.

If you opt for monthly payments, you will remain responsible for those payments. You may not cancel or avoid these payments. In the event that any payment is not made, the Company shall immediately suspend your access to the Program.

Payment Plan Authorization

If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

Termination Policy

Your subscription shall continue until the end of the existing subscription period and shall terminate at the completion of that period. If you're on a monthly plan, we'll cancel your subscription with 15 days' notice when you email [email protected]. You will not be charged after a cancellation.

Eligibility for Membership Pause

As part of our commitment to providing exceptional coaching services, we understand that there may be situations where members may need to temporarily pause their membership due to medical reasons. The maximum duration for pausing a membership due to medical reasons is three (3) months. Each member is entitled to request a medical pause for reasons only once during their membership term.

To request a membership pause for medical reasons, send an email to [email protected]; your email must include:

A scan or photo of a valid doctor's note that includes a diagnosis of your medical condition.
The length of time you need to pause your membership for (maximum is 3 months).

During the approved pause period:

Your access to the member's area, including all content and resources, will be temporarily suspended.
Your access to live calls, webinars, or any other interactive sessions will be revoked.
Monthly payments for your membership will be paused, and you will not be charged during this period.

No Refunds

All sales on coaching programs including the Artist Incubator Inner Circle are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.

If you terminate your payment plan, you are not entitled to refunds on any past payments.

The Program

As part of the Program, the Company shall provide the following to Client.

Access To Private Discussion Group – The Company shall maintain a Private Group that You will have access to as a member of the Program. That Group provides a forum for You to connect with other Program participants and to seek guidance and support. Members of the Company will seek to interact with Program participants in the group, but the Company does not make any guarantees about participation by any of its employees, founders, or members in the Group. You are required to abide by any and all rules posted in that Group. If you fail to abide by those rules, you will forfeit your right to participate in that Group. In the event you lose your right to participate in the Group as a result of rules violation, you shall not receive a refund.

Q&A Calls/Sessions – As a member of the Program, you will have access to 1 question answer zoom session each month. From time to time, an individual's session may be canceled based on the availability of the instructors. The Company shall provide you with details about how to participate in these question and answer sessions.

One-On-One Calls With Instructors – Program participants are entitled to one call for every cohort with coaches and/or consultants working for the Company. The Company shall provide you with the ability to schedule these calls, but it is solely your responsibility to schedule the calls. If you fail to schedule one or more of your calls during the proscribed time period, you shall forfeit that call. You will be allowed to schedule one call for every 3-month cohort that you’re a member of the Inner Circle. You may not cancel or reschedule a call unless you do so at least 24 hours in advance.

Please note that recordings of private coaching sessions are provided as a courtesy and are not guaranteed. When recordings are made available, we strongly encourage you to review them promptly to maximize the benefits of the coaching advice.

Bonuses – From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you 7 days after registration.

Discounts – As a Program participant, you shall be entitled to full access to the Print Apprenticeship course during your time in the program.

See “Additional Terms of Service” for all Inspiration Place programs

Artist Incubator Program

Artist Incubator Program Terms & Conditions

The following Terms and Conditions are entered into by and between You (“Client” or “You”) and [SCHULMANART LLC] (“Company”, “we”, or “us”).

Program

The Company agrees to provide you with access to the Program, “[Artist Incubator Program (also known as "Self-Study")]” (“Program”). As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Terms of Use, Privacy Policy, & Disclaimer

Nature of The Relationship

Fees

In consideration of Your access to the Program, you agree to pay the following fees.

You may choose between a single payment or monthly installments with the first payment due immediately.

If you opt for monthly payments, you shall be automatically charged every month for the duration of the agreed upon installment plan. You will remain responsible for those payments. You may not cancel or avoid these payments except through the Termination Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program and any other programs or bonuses extended under the initial offer.

You will have the option to renew at the end of your enrollment period. You also have the option to upgrade to Inner Circle membership at any time.

Payment Plan Authorization

If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

Termination Policy

Eligibility for Membership Pause

To request a membership pause for medical reasons, send an email to [email protected]; your email must include:

A scan or photo of a valid doctor's note that includes a diagnosis of your medical condition.
The length of time you need to pause your membership for (maximum is 3 months).

During the approved pause period:

Your access to the member's area, including all content and resources, will be temporarily suspended.
Your access to live calls, webinars, or any other interactive sessions will be revoked.
Monthly payments for your membership will be paused, and you will not be charged during this period.

Refund Policy

The Company provides a money-back guarantee for the Program. That money-back guarantee is governed by the following terms.

We want You to be satisfied with your purchase, so we offer a no-questions asked money-back guarantee. To claim a refund, You must request your money back within 7 days of the initial purchase. You may request your money back by emailing [email protected] and must be sent on a business day during normal working hours. (Monday - Thursday 9am- 5pm ET).

If You receive coaching in any form, your refund will be prorated accordingly.

The Program

As part of the Program, the Company shall provide the following to Client.

Access To Program Area – The Company shall maintain a Program Area [Artist Incubator] that may include lessons, forms, worksheets, checklists, and other information. You shall have access to this Program Area as long as you are a member.

Access To Private Discussion Group – The Company shall maintain a Private Group that You will have access to as a member of the Program. That Group provides a forum for You to connect with other Program participants and to seek guidance and support. Members of the Company will seek to interact with Program participants in the group, but the Company does not make any guarantees about participation by any of its employees, founders, or members in the Group. You are required to abide by any and all rules posted in that Group. If you fail to abide by those rules, you will forfeit your right to participate in that Group. In the event you lose your right to participate in the Group as a result of rules violation, you shall not receive a refund.

Unless you are a member of the Inner Circle level of the Program, you will not be invited to join the Inner Circle-only live calls or have access to these replays.

Bonuses – From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you 7 days after registration.

See “Additional Terms of Service” for all Inspiration Place programs

Artpreneur Bootcamp (On Demand)

Artpreneur Bootcamp Terms & Conditions

The following Terms and Conditions are entered into by and between You (“Client” or “You”) and [SCHULMANART LLC] (“Company”, “we”, or “us”).

Program

The terms of service in this agreement apply ONLY to the pre-recorded "on demand" Artpreneur Bootcamp program. These terms do not apply to the Artpreneur Bootcamp VIP Experience that is delivered live over Zoom.

The Company agrees to provide you with access to the Program, “[Artpreneur Bootcamp]” (“Program”). As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Terms of Use, Privacy Policy, & Disclaimer

Nature of The Relationship

Fees

In consideration of Your access to the Program, you agree to pay a single payment. This payment will be due immediately upon registration for the Program.

Refund Policy

All sales on the On Demand Artpreneur Bootcamp are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.

Refunds are NOT issued for the sole reason that You made a payment with a different credit card or PayPal account than You intended.

The Program

As part of the Program, the Company shall provide the following to Client.

Access To Program Area – The Company shall maintain a Program Area [Artpreneur Bootcamp] that may include lessons, forms, worksheets, checklists, and other information. You shall have access to this Program Area for 30 days after purchase.

Bonuses – From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of registration.

See “Additional Terms of Service” for all Inspiration Place programs

Artpreneur Bootcamp VIP Experience

Artpreneur Bootcamp Terms & Conditions

The following Terms and Conditions are entered into by and between You (“Client” or “You”) and [SCHULMANART LLC] (“Company”, “we”, or “us”).

Program

The Company agrees to provide you with access to the Program, “[Artpreneur Bootcamp VIP Experience]” (“Program”). As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Terms of Use, Privacy Policy, & Disclaimer

Nature of The Relationship

Fees

In consideration of Your access to the Program, you agree to pay a single payment. This payment will be due immediately upon registration for the Program.

Refund Policy

All sales on the Artpreneur Bootcamp VIP Experience are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.

Refunds are NOT issued for the sole reason that You made a payment with a different credit card or PayPal account than You intended.

The Program

As part of the Program, the Company shall provide the following to Client.

Access To Program Area – The Company shall maintain a Program Area [Artpreneur Bootcamp VIP Experience] that may include lessons, forms, worksheets, checklists, and other information. You shall have access to this Program Area for 90 days after purchase.

Bonuses – From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of registration.

See “Additional Terms of Service” for all Inspiration Place programs

Done-For-You Marketing Template Power Pack

Online Course Terms & Conditions

The following Terms and Conditions are entered into by and between You (“Client” or “You”) and [SchulmanArt LLC] (“Company”, “we”, or “us”).

Program

The Company agrees to provide you with access to the Program, “Done-For-You Marketing Template Power Pack” (“Program”). As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Terms of Use, Privacy Policy, & Disclaimer

Nature of The Relationship

Fees

In consideration of Your access to the Program, you agree to pay a single payment. This payment will be due immediately upon registration for the Program.

No Refunds

This power pack includes downloadable templates and is not refundable.

The Program

As part of the Program, the Company shall provide the following to Client.

Access To Program Area – The Company shall maintain a Program Area [Done-For-You Marketing Template Power Pack] that may include lessons, forms, worksheets, checklists, and other information. You shall have lifetime access to this Program Area after purchase.

Bonuses – From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of registration.

See “Additional Terms of Service” for all Inspiration Place programs

Website Audits

Website Audit Terms & Conditions

The following Terms and Conditions are entered into by and between You (“Client” or “You”) and [SCHULMANART LLC] (“Company”, “we”, or “us”).

Service

The terms of service in this agreement apply ONLY to website audits.

The Company agrees to provide you with access to the Service, “[Website Audit]” (“Service”). As a condition of participating in the Service, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Terms of Use, Privacy Policy, & Disclaimer

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Service. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

Nature of The Relationship

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Service, which provides education and information. The information contained in the Service, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

Fees

In consideration of Your access to the Service, you agree to pay a single payment. This payment will be due immediately upon registration for the Service.

Refund Policy

All sales on website audits are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.

Refunds are NOT issued for the sole reason that You made a payment with a different credit card or PayPal account than You intended.

The Service

As part of the Program, the Company shall provide the following to Client.

One recorded video walkthrough of the Client's website to provide feedback.

Bonuses – From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of registration.

See “Additional Terms of Service” for all Inspiration Place programs

Portfolio Reviews

Portfolio Review Terms & Conditions

The following Terms and Conditions are entered into by and between You (“Client” or “You”) and [SCHULMANART LLC] (“Company”, “we”, or “us”).

Service

The terms of service in this agreement apply ONLY to portfolio reviews.

The Company agrees to provide you with access to the Service, “[Portfolio Review]” (“Service”). As a condition of participating in the Service, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Terms of Use, Privacy Policy, & Disclaimer

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Service. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

Nature of The Relationship

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Service, which provides education and information. The information contained in the Service, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

Fees

In consideration of Your access to the Service, you agree to pay a single payment. This payment will be due immediately upon registration for the Service.

Refund Policy

All sales on portfolio reviews are final, and the Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.

Refunds are NOT issued for the sole reason that You made a payment with a different credit card or PayPal account than You intended.

The Service

As part of the Program, the Company shall provide the following to Client.

One recorded video review of the Client's portfolio to provide feedback.

Bonuses – From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of registration.

See “Additional Terms of Service” for all Inspiration Place programs

Private Coaching - Including Passion Maker Power Sessions

Private Coaching - Terms of Service

This Coaching Agreement is between [Miriam Schulman of SchulmanArt LLC (“Coach”) and (“Client” or “You” and together with Coach, the “Parties”, and each a “Party”).

WHEREAS, Coach is in the business of providing coaching services related to building an art business and

WHEREAS, Client desires to retain Coach to provide said coaching services, and Coach is willing to perform such coaching services under the terms and conditions hereinafter set forth;

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Coach and Client agree as follows:

1. Client-Coach Relationship. An effective coaching relationship requires mutual understanding and respect between the Coach and the Client. That requires the parties to agree to some basic tenets of coaching, including:

Coaching services are intended for individuals who are in generally good health, are generally well adjusted, are functionally effective, and are not in need of medical treatment (including for mental health disorders). Coaching does not involve the diagnosis or treatment of any medical or mental disorders and does not prevent, cure, or treat any mental disorder or medical disease. Further, coaching is not a substitute for therapy, counseling, psychoanalysis, medical treatment, substance abuse treatment, or the advice or services of a medical professional. It is the Client’s responsibility to seek independent guidance from medical professionals to the extent necessary.

2. The parties shall engage in coaching meetings each of which will be conducted over ZOOM.us.

These coaching meetings must occur within a period of 3 MONTHS from the time of this Agreement or tey will be forfeited without refund.

Client shall be responsible for scheduling these coaching sessions at mutually agreeable times as AVAILABLE BY Acuity Scheduling software.

3. Refunds. There are no refunds for cancellations or no shows by the client for either private or group coaching. Refunds are NOT issued for the sole reason that You made a payment with a different credit card or PayPal account than You intended. If You elect for a payment plan and have remaining payments to make on your account, you may request to change your payment method for future payments, but not for payments already completed.

4. Procedure and Scheduling. Coach and Client will agree to a mutually agreeable time for the coaching meetings, and it will be the Client’s ultimate responsibility to schedule the coaching meetings. Client shall initiate the coaching call at the agreed upon time by zoom.us software and scheduled using acuity software.

5. Cancellation Policy. You may not cancel an individual coaching session unless you do so at least 12 hours before it is scheduled to begin. Coach reserves the right to treat any meeting that Client misses or attempts to cancel less than 12 hours before it is scheduled to begin as part of the allotted coaching sessions.

6. Confidentiality. The Coach shall treat the relationship with Client, as well as all information shared by the Client, as confidential. Coach shall not disclose the existence of the relationship or any information shared during the coaching sessions without the Client’s written consent. This means that the Coach will not disclose the Client’s name as a reference without the Client’s consent.

Client should be aware that a coach-client relationship does not give rise to privilege or any other legally protected confidentiality. That means that Coach could be ordered by a court to disclose information related to the relationship. Coach will notify Client of any legal request that would implicate Client’s information prior to disclosing it but may not be able to oppose disclosing the information.

Confidential Information does not include information: (a) known to Coach prior to Client disclosing it; (b) that is generally known to the public or in the industry; (c) obtained by Coach from a third party, without breach of any obligation to the Client; or (d) that is or was developed independently by Coach without use of or reference to the Client’s confidential information.

7. Termination. This Agreement shall continue until terminated by one of the Parties. Either Party may terminate the Agreement without cause by providing written notice prior to any ongoing monthly fee payment deadline. In the event of termination under this provision, the Coach shall continue to provide service through the end of the period for which the fees have been paid.

8. Limitation of Liability. IN NO EVENT SHALL COACH BE LIABLE TO CLIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT COACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

9. Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

10. Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

11. Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each Party.

12. Waiver. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

13. Relationship of the Parties. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

14. Dispute Resolution. Each Party irrevocably and unconditionally agrees that any dispute arising under or related to this Agreement shall be resolved exclusively under the rules of the American Arbitration Association for cases arising in White Plains, New York. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such arbitration and agrees to bring any such dispute only in such forum. Each Party agrees that a final judgment by such arbitration is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. This Agreement shall be governed by and construed in accordance with the laws of New York, without effect of any conflicts of law provisions.

15. Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement.

Effective Date

This Agreement shall commence and be enforceable with respect to each participant upon the date that the participant initially purchases a private coaching call.

Live In-Person Events

Live In-Person Events - Terms of Service

The following Terms and Conditions are entered into by and between You (“Client” or “You”) and [COMPANY] (“Company”, “we”, or “us”).

Event

The Company agrees to provide you with access to the event (“Event”). By purchasing a ticket for and as a condition of participating in the Event, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Terms of Use, Privacy Policy, & Disclaimer

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Event. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

Nature of The Relationship

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Event, which provides education and information. The information contained in the Event, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

Refund Policy

The Company does not provide a money-back guarantee for the Event, however you are entitled to request a refund until 30 days prior to the beginning of the event. After that date, you will not be entitled to any refunds.

If you request a refund timely, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this policy, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

Publicity Waiver And Release

The Company reserves the right to record all of the presentations that are part of the Event. This shall include the main stage sessions, breakout sessions, VIP question and answer sessions, coaching sessions, and the chat that occurs during the event. The Company reserves the right to use these recordings commercially for all legal purposes.

As a condition of participating in the Event, you hereby irrevocably permit, authorize, grant, and license Company and its affiliates, successors, and assigns, and the employees, officers, directors, and agents of each and all of them ("Authorized Persons"), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use the Event recordings, including to the extent that your name, image, likeness, appearance, voice, or other identifiable information might appear on the recordings of the Event.

The Company shall be the exclusive owner of all rights, including copyright, in the recordings. You hereby irrevocably transfer, assign, and otherwise convey to Company my entire right, title, and interest, if any, in and to the recordings and all copyrights and other intellectual property rights in the recordings arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers.

In other words, the Company has the right to use the recordings – including any audio or video recordings of You participating in any sessions as part of the Event – commercially, including as marketing material going forward.

**Paperback Books including Artpreneur and the Artpreneur Workbook**

Book Purchase Terms & Conditions

The following Terms and Conditions are entered into by and between You (“Customer” or “You”) and [SchulmanArt LLC] (“Company”, “we”, or “us”).

Book Purchase

The Company agrees to provide you with a paperback copy of either Artpreneur or the Artpreneur Workbook (“Book”). By purchasing the Book, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

Terms of Use, Privacy Policy, & Disclaimer

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this Agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your purchase of the Book. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

Nature of The Relationship

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Customer with a physical copy of the Book. The information contained in the Book, including any guidance or exercises, is not intended as, and shall not be understood or construed as, professional advice.

Fees

In consideration of Your purchase of the Book, you agree to pay the full purchase price. This payment will be due immediately upon placing your order.

Shipping and Delivery

The Company will fulfill and ship the Book to you via Amazon or another third-party service. Delivery times may vary, and the Company is not responsible for delays caused by the shipping provider.

No Refunds

All sales of the Book are final.

Bonuses

From time to time, the Company may offer bonuses to individuals who purchase the Book. You shall be entitled to any bonuses offered to you at the time of purchase.

Intellectual Property Rights

Ownership Of All Intellectual Property

All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.

Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.

The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

Additional Terms of Service for all Signature Courses, Clubs and Programs

Ownership Of All Intellectual Property

Confidentiality

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants.

Personal Responsibility

By participating in the Program, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Program or not. The Company provides educational and informational resources that are intended to help participants in the Program succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Program are no guarantee that you or any other person or entity will be able to obtain similar results.

You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Program.

Materials Provided By You During The Program

The Company does not claim ownership of the information or materials You may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”).

However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

In other words, the Company has the right to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Program – in the Program and other marketing material going forward.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

No Warranties

The Company makes no warranties regarding the performance or operation of the Program, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Program. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.

Dispute Resolution

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to White Plains, New York.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

Termination And Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

Entire Agreement

This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the Program, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Program. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Waiver

No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Force Majeure

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Effective Date

This Agreement shall commence and be enforceable with respect to each Program participant upon the date that the participant initially registers for the Program.

Affiliate Policy

Affiliate Agreement

The following Affiliate Agreement (“Agreement”) is entered into by and between SchulmanArt LLC (“Company”, “we”, or “us”) and the party submitting an application to become an affiliate of the Company and/or having an accepted application (“Affiliate” or “You”).

The Company has set up a program for affiliates to promote its products in exchange for a share of the proceeds of any sales (the “Affiliate Program”). Except as modified by a separate agreement governing the promotion of any particular product, the terms of this Agreement apply to your participation in any the Company’s Affiliate Program.

By submitting an application to participate in the Affiliate Program and/or by otherwise participating in the Affiliate Program, you are expressly agreeing to the terms and conditions set out in this Agreement and in any agreement that might apply to individual products.

Application & Acceptance

To participate in the Affiliate Program, you must complete an Affiliate Program application (“Application”). You are required to answer all questions in that Application, and your answers must be accurate and complete.

To participate in the Affiliate Program, you must provide the Company with your true identity and other contact information, as well as business and banking information as requested. You may not use any alias, pseudonym, persona, pen name, DBA, or other means to mask your identity or business details.

The Company will rely upon the information provided in your Application, and any false information will be a basis to reject your Application or to terminate your status as an Affiliate without compensation if discovered after you are approved.

The Company will review your Application and decide whether to accept you as an Affiliate. We will notify you in due course of your acceptance or rejection as an Affiliate. We may accept or reject your Application at our sole discretion for any or no reason.

Upon acceptance into the Affiliate Program, you will receive an email notifying you of your acceptance and that includes your Affiliate credentials (including details about how to obtain your links to share and other important information).

Taxes and Payment Gateways

Affiliate shall not be eligible to receive any payments from the Company until Affiliate has submitted the appropriate tax forms and has set up a proper payment gateway.

Affiliate shall be required to complete either a W9 or a W8BEN. It is Affiliate’s sole responsibility to provide the required forms in a timely manner. No payments shall be made to Affiliate until such form is provided.

The Company shall pay any sums due to Affiliate as set forth below through paypal. Affiliate shall be responsible for providing the necessary information to facilitate the use of that payment method.

Commissions

The Company will pay Affiliate a fee (a “Commission”), for each customer acquired as a result of a customer being referred to the Company using the unique tracking links assigned to the Affiliate (“Affiliate Links”). The tracking and attribution of sales to Affiliates based upon their tracking links is done automatically by the Company’s marketing automation system. Affiliates shall be paid only for sales that are tracked through the Company’s marketing automation system and indicate the Affiliate Link as the source of the sale.

FOR PERCENT OF REVENUE: Affiliate shall receive a Commission payment equal to 50 %of the gross revenue for each sale of Signature Art courses attributed to Affiliate using an Affiliate Link and 10% of all coaching programs

Affiliate agrees that the Company shall only be liable for payment of the Commissions to the extent it receives all funds due and owing to it from the relevant customer after the refund period has passed. Accordingly, Affiliate shall not be entitled to any Commission on a sale that is refunded, for which there is a chargeback, or for which the Company ultimately does not receive the sales proceeds as a result of credit card abuse or fraud.

The Company shall pay Commissions 30 days after receiving the commissionable payment.

Right To Chargeback, Offset, and Holdback

Affiliate agrees that the Company shall have the right to charge back the Affiliate’s account or otherwise adjust for any previously paid Commissions that ultimately are not commissionable under this Affiliate Agreement. Specifically, in the event that a sale attributed to an Affiliate is charged back or otherwise challenged after the Commission has been paid, the Company shall have the right to charge back the Commission paid to the Affiliate.

Affiliate further agrees that the Company shall have the right to offset any Commissions due and payable to the Affiliate to account for any charge backs the Company experiences on sales for which Affiliate has already received a Commission.

Affiliate further agrees that the Company shall have the right to hold back Commissions due (“the Holdback”) for a period of 90 days to ensure an ability to offset any chargebacks. In the event that the Affiliate’s chargeback percentage exceeds the Holdback for a period of two consecutive months, the Company shall have the right to increase the percentage of commissions held back from Affiliate. The Company shall provide written notice of any such increased holdback percentage that shall apply to Affiliate.

Representations and Warranties

The Company represents and warrants:

-that it shall not knowingly and intentionally violate any law, regulation, or rule applicable to its business operations;

-that the products and/or services offered in connection with the Affiliate Program are legal products and services within the Company’s jurisdiction;

-that it intends to be bound by the mutual promises, terms, and conditions of this Agreement; and

-that it has the necessary intellectual property and other rights to offer the products that are available for promotion under the Affiliate Program.

Affiliate represents and warrants:

-that Affiliate has read this Agreement, understands its terms, and agrees to be bound by this Agreement;

-that this Agreement constitutes Affiliate’s valid and binding agreement and was executed by a person with authority to bind the Affiliate;

-that Affiliate’s answers to the questions in the Application were truthful and accurate to the best of Affiliate’s knowledge;

-that Affiliate will comply with CAN-SPAM, GDPR, and CA-SL requirements in connection with email marketing;

-that Affiliate will comply with all applicable Federal Trade Commission rules, regulations, and guidelines related to affiliate marketing;

-that Affiliate will not make use of the Company’s name, trademark, or service mark in any manner other than expressly allowed under the Affiliate Program; and

-that Affiliate will not engage in any behavior that violates the terms of this Agreement or that constitutes an attempt to fraudulently or deceptively increase the earnings of Affiliate under this Affiliate Program.

Promotional Materials, Limited License, and Intellectual Property

From time to time, the Company may make materials available to Affiliate for use in promoting the Company’s products (“Promotional Material”). The Promotional Material may include the Company’s logos, images of products that are part of the Affiliate Program, display banner advertisements, button links, text links, and other graphic and textual material for use in Affiliate’s promotion efforts.

Upon acceptance into the Affiliate Program, the Company grants Affiliate a revocable, non-exclusive, worldwide, royalty-free license to use the Promotional Material during the term of this Agreement. The Affiliate may use the Promotional Material on its website, in emails, and in other promotional activities.

Affiliate may use any such Promotional Material solely for the purpose of promoting the Company’s products and/or for linking to the Company’s website. Affiliate may not make any other use of the Promotional Material and shall not state or imply that the Company has endorsed the Affiliate.

Affiliate agrees not to alter, add to, subtract from, or otherwise modify any of the Promotional Material provided by the Company without the express written consent of the Company. Moreover, Affiliate may not make any derivative works using the Promotional Materials.

Acceptable And Non-Acceptable Marketing Practices

Affiliate shall post and make available to all end-users an appropriate privacy policy that complies with all applicable federal, state, and local laws and requirements. The privacy policy shall be made available to users prior to the collection of any personally identifiable information, and shall clearly disclose all information collection, use, and sharing practices, including any collection of information in connection with the Affiliate Program.

Affiliate shall not promote Company’s products: (1) in conjunction with any any illegal activity, (2) on any illegal website, (3) in a manner that a reasonable person would consider threatening, harmful, defamatory, obscene, sexually explicit, harassing, or promoting violence; (4) in a manner that promotes discrimination, (5) in any manner the Company expressly deems as objectionable, or (6) in a manner that infringes upon the intellectual property or related rights held by any third party.

Affiliate shall not make any claims, guarantees, representations, or warranties about the Company’s products, except as expressly authorized herein or in the Company’s Website Terms of Use.

Term and Termination

This Agreement shall commence upon the date the Company notifies you that you have been accepted into the Affiliate Program and shall continue thereafter until terminated as provided herein.

The Company may terminate this Agreement in full or in part at any time and for any reason it deems appropriate with or without prior notice to you. In the event of termination, the Company will disable any tracking URLs, links, cookies, pixels, and similar mechanisms for use with the Affiliate Program. You may terminate this Agreement at any time upon notification to the Company in writing.

Upon termination, you shall immediately cease all use of the Promotional Materials and all of the Company’s intellectual property and will delete all copies of such materials in your possession. Furthermore, you shall immediately cease representing yourself as a participant in the Affiliate Program.

You shall be entitled to all validly accrued Commissions that have been earned prior to the termination of this Agreement.

Nature of The Relationship

The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

Disclaimers

The Affiliate Program, any Promotional Material, and the products and services provided on connection therewith, are provided to Affiliate “as is.”

Except as expressly set forth in this Agreement, the Company expressly disclaims to the maximum extent allowed by law, all warranties, express implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing, usage, or trade.

The Company does not warrant that the Affiliate Program or Promotional Materials will meet Affiliate’s specific requirements or that the materials are error free or uninterrupted.

The Company expressly disclaims any liability for any act or omission of any third party provider not under the control of the Company, and their products and services.

Affiliate expressly agrees and understands that the Company has not made any guarantee that Affiliate will earn any specific amount of commissions and attests that no such representations or claims have been made.

Limitation of Liability

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of participation in the Affiliate Program and/or any information and resources contained in the Affiliate Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for participation in the Affiliate Program.

To the maximum extent permitted by applicable law, in no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Affiliate Program, with the delay or inability to use the Affiliate Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Affiliate Program, or otherwise arising out of the use of the Affiliate Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Affiliate Program or any portion of it, your sole and exclusive remedy is to terminate your participation in the Affiliate Program.

Arbitration

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Affiliate Program.

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in White Plains, New York. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

Choice of Law

This Agreement shall be governed by and interpreted under the laws of New York , without regard to any conflict of laws provisions.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Affiliate’s breach of any provision of this Agreement, including the representations and warranties, (b) any misuse, fraud, or deceptive conduct by Affiliate or any of its agents in connection with the Affiliate Program, and (c) any claims related to any promotional media created by Affiliate (excluding claims related to any Promotional Material provided by the Company).

The Company hereby agrees to indemnify, defend, and hold harmless Affiliate, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of an allegation that the Company does not have the right to provide the Promotional Material or that the Promotional Materials violate a third-party’s rights.

Modification

The Company may modify this Agreement at any time by providing Affiliate with notification of the proposed changes by email at Affiliate’s email address, but any such changes will not alter the Company’s obligation to Affiliate with respect to any previously-earned commissions. Any such changes shall become effective ten (10) business days after such notice.

If the proposed modifications are unacceptable to you, you may terminate this agreement pursuant to the Termination clause above. Continued participation in the program shall constitute your acceptance of and agreement to the modification to this Agreement.

Entire Agreement

This Agreement constitutes the entire agreement between You and the Company with respect to the Affiliate Program, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Affiliate Program. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability

Waiver

Force Majeure

Last Updated: September 26, 2024