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THE SECTION BELOW TITLED “BINDING ARBITRATION” CONTAINS A BINDING ARBITRATION AGREEMENT. BECAUSE THIS SECTION AFFECTS YOUR LEGAL RIGHTS, WE ASK THAT YOU PLEASE READ THEM.
1. PRICES AND PAYMENT TERMS
The prices for the Program shall be as stated at the time of purchase in the CU Shop and as confirmed by your receipt of purchase.
● Payment shall be made by credit or debit card or Paypal, where available.
● Upon purchase, you will receive access details in the Order Confirmation email. For example, if you purchase only one subscription, you will receive only one username and password, and only one person may access and use the Product.
2. REFUND POLICY
To request a refund, email Kaitlyn at firstname.lastname@example.org. Due to the digital nature of our products, the choice of whether or not to issue a refund is in our full discretion. In order to qualify for a refund, you must email us along with your purchase confirmation stating why you would like a refund and where you feel the product fell short.
● Deadline to Apply for Refund. To be eligible for a refund, you must submit your request within 14 days of purchase. The deadline exists because we want you to get as much value from the course as possible without extensive inactivity. However, if you sign up but do not plan on beginning immediately, please make sure this is the right investment for you, as the refund does have a firm deadline.
● Completed Course Work: In order to obtain your refund pursuant to this guarantee, you must contact KVH. Creative LLC dba Copy Uncorked to discuss how much of the necessary work on your end has been completed. To be considered eligible for a refund, KVH. Creative LLC dba Copy Uncorked will determine whether or not you have completed the necessary work and participated in a substantial portion of material. The conversation will take place via email.
● Company Discretion. After you submit your materials, all refunds are within the Company’s sole discretion as to whether to grant or deny the refund request.
3. INTELLECTUAL PROPERTY
You understand and agree that the Products contain proprietary information and materials, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, and sound recordings, (collectively, the “Product Content”) including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement embodied in the Program that are owned by KVH. Creative LLC dba Copy Uncorked and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Product Content, including to any sharing or social media sites, is considered stealing and an infringement of our intellectual property rights, and KVH. Creative LLC dba Copy Uncorked will prosecute such misconduct to the fullest extent permitted by law.
KVH. Creative LLC dba Copy Uncorked provides you with the Products solely for your own personal, noncommercial use, and you agree that you will not use any of the Product Content in any way whatsoever except for use in compliance with this Agreement. You will not use any Product Content in a manner that constitutes an infringement of KVH. Creative LLC dba Copy Uncorked’s rights or that has not been authorized by KVH. Creative LLC dba Copy Uncorked. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Product Content. You may, however, from time to time, download and/or print one copy of individual pages of the Product Content for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.
By using the products, you understand and are aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference KVH. Creative LLC dba Copy Uncorked, the Products, or the Product Content, or infringe on any of KVH. Creative LLC dba Copy Uncorked’s or its licensors’ intellectual property in any way. All copyrights, trademarks, and other intellectual property rights in and to the Products and the Product Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by KVH. Creative LLC dba Copy Uncorked and/or its licensors, which reserve all of their rights, title, and interests in law and equity. THE USE OF THE PRODUCTS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF KVH. Creative LLC dba Copy Uncorked AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
The trademarks, service marks, and logos of KVH. Creative LLC dba Copy Uncorked (the “KVH. Creative LLC dba Copy Uncorked Trademarks”) used and displayed in the Products are registered and unregistered trademarks or service marks of KVH. Creative LLC dba Copy Uncorked. Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of KVH. Creative LLC dba Copy Uncorked Trademarks inures to our benefit.
4. THIRD-PARTY MATERIALS AND WEBSITES
KVH. Creative LLC dba Copy Uncorked may provide links to third-party materials and websites as a convenience to you. These links are provided solely as a convenience to you and not as an endorsement by KVH. Creative LLC dba Copy Uncorked of the contents on such third-party sites, and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that KVH. Creative LLC dba Copy Uncorked shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that KVH. Creative LLC dba Copy Uncorked will not be liable for your improper use of third-party materials and websites. Any affiliate links that linked on the site will be clearly marked; however, we encourage you to reach out with any questions you may have regarding affiliate links. Company marks (whether or not registered) may not be used for any reason without written permission. Client agrees not to register, operate, or lease any domain with a confusingly similar name to any such mark without permission of Company.
5. REPRESENTATIONS AND WARRANTIES
THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS. WE’VE TAKEN REASONABLE EFFORTS TO ENSURE THAT WE ACCURATELY REPRESENT OUR PROGRAMS AND THEIR ABILITY TO HELP YOU GROW YOUR BUSINESS. HOWEVER, KVH. Creative LLC dba Copy Uncorked DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS OR EARN ANY MONEY USING ANY OF OUR PRODUCTS, IDEAS, TOOLS, STRATEGIES, OR RECOMMENDATIONS, AND NOTHING ON OUR WEBSITES OR IN OUR PRODUCTS IS A PROMISE OR GUARANTEE TO YOU OF FUTURE EARNINGS.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PRODUCTS IS AT YOUR SOLE RISK. BY PURCHASING THE PRODUCTS, 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 (EXPRESSED OR IMPLIED) REGARDING YOUR EARNINGS, BUSINESS PROFITS, MARKETING PERFORMANCE, AUDIENCE GROWTH, OR RESULTS OF ANY KIND. YOU ALONE ARE RESPONSIBLE FOR YOUR ACTIONS AND BUSINESS, WHICH ARE DEPENDENT ON PERSONAL FACTORS INCLUDING, BUT NOT NECESSARILY LIMITED TO, YOUR SKILL, KNOWLEDGE, ABILITY, DEDICATION, BUSINESS SAVVY, NETWORK, AND FINANCIAL SITUATION, TO NAME JUST A FEW. YOU ALSO UNDERSTAND THAT ANY TESTIMONIALS OR ENDORSEMENTS BY OUR CUSTOMERS OR AUDIENCE REPRESENTED IN OUR PRODUCTS, PROGRAMS, WEBSITES, CONTENT, LANDING PAGES, SALES PAGES, OR OFFERINGS HAVE NOT BEEN SCIENTIFICALLY EVALUATED BY US, AND THE RESULTS EXPERIENCED BY INDIVIDUALS MAY VARY SIGNIFICANTLY. ANY STATEMENTS OUTLINED IN OUR PRODUCTS, WEBSITES, PROGRAMS, CONTENT, AND OFFERINGS ARE SIMPLY OUR OPINIONS AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE.
B) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) KVH. Creative LLC dba Copy Uncorked, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, SUCCESSORS, OR ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OF THE PRODUCTS OR PURCHASES HEREUNDER; AND (II) YOUR DIRECT DAMAGES SHALL BE LIMITED TO THE FEES YOU PAID FOR THE APPLICABLE PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
6. ADDITIONAL TERMS AND CONDITIONS
A) GOVERNING LAW. The Parties have entered into this Agreement in the State of Virginia and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the State of Virginia, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the State of Virginia, and that venue of any action will be located in the District Court of the City of Virginia Beach, Virginia.
B) EXCLUSION. We reserve the right to exclude, refuse access, or refund a purchaser if we feel for whatever reason, in our sole and exclusive discretion, it is not in the best interest of the company to share the program materials or content with the "Client" or purchaser. We do not otherwise discriminate based on race, ethnicity, gender, sexuality, or creed. We can enact this exclusion at any time based on our discretion and will not withhold funds if the "Client's" access has been prohibited, as a full refund will be issued where enacted. By signing or consenting to this Agreement, the purchaser expressly agrees to these terms.
C) BINDING EFFECT. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise.
D) TERMINATION. KVH. Creative LLC dba Copy Uncorked is committed to providing all customers with a positive experience. If you fail, or KVH. Creative LLC dba Copy Uncorked suspects that you have failed, to comply with any of the provisions of this Agreement, KVH. Creative LLC dba Copy Uncorked, in its sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to the Products and/or you participation in program without refund; and/or (b) terminate this Agreement. Your obligations to KVH. Creative LLC dba Copy Uncorked under this Agreement will survive expiration or termination of this Agreement for any reason.
E) MODIFICATIONS AND AMENDMENTS. KVH. Creative LLC dba Copy Uncorked reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your access and use of the Products. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Products will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on KVH. Creative LLC dba Copy Uncorked’s website or you may be notified by either e-mail or postal mail. If you have any questions, please contact us directly at Kaitlyn@copyuncorked.com
F) INDEMNIFICATION. To the extent permitted by applicable laws, both Parties agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.
G. BINDING ARBITRATION. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF VIRGINIA, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
H) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of KVH. Creative LLC dba Copy Uncorked’s intellectual property rights and confidential and proprietary information by you, KVH. Creative LLC dba Copy Uncorked will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. KVH. Creative LLC dba Copy Uncorked may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in the City of Virginia Beach, Virginia, United States of America for purposes of any such action by KVH. Creative LLC dba Copy Uncorked.
I. COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
J. NO WAIVER. If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
K. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.