This Agreement is between You ("Purchaser", "You", "Yours") and Molly Margaret Photography, L.L.C. ("We", "Our", "Us", "The Company") (collectively the "Parties"), for the purpose of any digital product or course purchase through this website at mollymargaet.photography, or any related domains or subdomains (the "Sites").
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Our products include but are not limited to: prints, calendars, stickers, travel booking, licensing, and any other paid purchases on these Sites.
Digital products that are downloadable are not eligible for return unless a refund policy is outlined for that specific product.
You shall be completely responsible for all charges, fees, and taxes arising from any digital product purchase. By submitting Your credit information at checkout, You agree to allow The Company to use the submitted credit card as the payment method for Your purchase.
Purchaser agrees not to file any dispute with Purchaser's bank or credit card company to avoid payments or violate any of these terms and conditions. If You attempt to chargeback, reverse, or recollect a previously authorized payment, We reserve the right to collect all additional costs, fees, and expenses associated with disputing a chargeback, reversal, or recollection claim, including, without limitation, court costs and attorney fees. We reserve the right to take any necessary legal action for fraudulent chargebacks.
This includes but is not limited to; Facebook Groups, Substack subscriptions, and other events that have no monetary value. These can be withdrawn/amended by The Company with no notice and does change the value of the offer or constitute a breach of contract.
All product and course materials, documents, community/Facebook posts/comments/replies, emails, blogs, digital files, paper documents, and any other work created by The Company in relation to this Agreement is the exclusive and sole property of The Company and are protected under United States Copyright Laws (USC 17). Purchaser hereby agrees that The Company's product, course, and any accompanying content is owned by Molly Margaret Photography, L.L.C. and is not to be used for purposes beyond Purchaser's implementation. Purchaser is granted a single-use, non-exclusive, non=transferable, revocable license to access and use the product content and resources. Purchaser shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit and of the content, in whole or in part, found in the product. Violations of this federal law will be subject to its civil and criminal penalties. We may prosecute You to the fullest extent permissible should We decide to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.
The Company is generally available to provide service via email during normal business hours (Monday - Friday, 9am - 5pm, excluding Public Holidays) in The Company's current time zone, which will be communicated via email.
Purchaser shall not:
(1) Disclose to any third-party any details regarding the business of The Company, including, without limitation its course materials, course downloads, course outlines, coaching materials, customers, the price it obtains, the prices at which it sells products and programs, its manner of operation, its plans, its course and coaching strategies, and any of The Company's trade secrets or any other information pertaining to the business of The Company (the "Confidential Information");
(2) Make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by The Company;n OR
(3) Use Confidential Information other than solely for the benefit of the Company.
Purchaser will indemnify, defend, and hold harmless The Company, their affiliates, customers, employees, contractors, successors, assigns, officers, and directors from and against any losses, damages, claims, fines, penalties, and expenses (including reasonable attorney's fees) that arise out of or result from:
(1) Injuries or death to persons or damages to property, including theft, in any way arising out of or caused or alleged to have been caused by the services performed by The Company or persons furnished by The Company;
(2) Assertions under Worker's Compensation or similar acts made be persons furnished by The Company;
(3) Any failure by The Company to perform its obligations under this Agreement;
(4) Any negligent act or omission committed by The Company in the performance of the Services; OR
(5) Any claims, actions, or other proceedings based on a claim that any work provided by The Company infringes upon or violates any U.S. or foreign patents, copyrights, trade secrets, or other third-party proprietary rights.
The sole remedy for any actions or claims shall be limited to a refund, the maximum amount not to exceed the total monies paid by Purchaser under this Agreement.
In no event shall The Company be liable under this Agreement to Purchaser or any other third-party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of:
(1) Whether such damages were foreseeable;
(2) Whether or not Purchaser was advised of such damages; AND
(3) The legal or equitable theory (contract, tort, or others) upon which the claim is based.
The Company does not make any guarantees as to the results, including financial or other personal or business gains, of any product(s) purchased by Purchaser. We also make no guarantees that Our product(s) do not contain minor errors or omissions (see Errors and Omissions Section).
Our product(s) may at times contain minor errors and/or omissions. The Company shall be held harmless for such errors and omissions, and any inadvertent omission or error and The Company shall not incur liability or damages.
Purchaser has spent a satisfactory amount of time reviewing The Company's business and has a reasonable expectation that The Company's services throughout the product(s) and course(s) will produce different outcomes and results for each Purchaser.
All products, courses, and services provided by The Company are on an "as is" basis. The Company hereby expressly disclaims any and all expenses or implied warranties of any kind, including, but not limited to, the implied warrant of fitness for a particular purpose and the implied warrant of merchantability. The Company makes no warranties that the product(s), course(s), or service(s) will meet your need or that the product(s), course(s), or service(s) will be accurate, reliable, uninterrupted, error-free, or secure.
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 modification must be in writing, signed by both parties, and physically attached to the original Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida including all matters of construction, validity, performance, and enforcement, and without giving effect to the principles of conflict of laws. The Parties agree that any disputes or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in Brevard County Florida. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement become necessary.
Any and all disputes or disagreements rising between the Parties 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 Brevard County, Florida 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.
This Agreement cannot be transferred or assigned to any third-party by either The Company or Purchaser without written consent of all Parties.
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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