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:
● The price for this service is $2,000 USD
● Payment shall be made by credit or debit card with a 50% deposit to secure booking and the remaining 50% due in full by the end of the day of your service.
● Upon paying the deposit, you will receive a booking confirmation email with a Pre-Somm Day Questionnaire later followed by the remaining invoice balance which is then due in full. This service booking is for only one person and only one day.
2. CANCELLATION, RESCHEDULING & REFUND POLICY
After booking a Somm Day Experience and paying the deposit, should you wish to reschedule or cancel within a 48 hour period, please email Kaitlyn at email@example.com. At this point, you will be refunded in full. Should you exceed the 48-hour period, the choice of whether or not to issue a refund is in our full discretion. As these "Somm Days" are limited to 3 bookings per month, they are in high demand and by cancelling within a short notice, you have prevented us from booking the date with another party. As such the deposit is not required to be refunded.
Should you simply need to reschedule your date, you may do so as long as it is outside of 96 hours before your appointed time. At this point, we will hold your deposit for an upcoming date to be rescheduled, within 31 days. If there are no dates available within 31 days, we will extend it to 62 days out. Beyond this, it is at our discretion of whether to refund the deposit depending on ability to rebook your spot.
If Copywriter Desires to Cancel or Reschedule: In the event Copywriter cannot or will not perform her obligations in any or all parts of this Agreement, it (or a responsible party) will immediately give Notice to Client, and at the copywriter's discretion, either attempt to find a reasonable substitute to fulfill the terms of this Agreement or issue a refund or credit based on a reasonably accurate percentage of Services rendered. In the case of a refund where, at the discretion of the Copywriter, no reasonable substitute is found, Copywriter shall excuse Client of further performance obligations in this Agreement.
Force Majeure: Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party that materially affects the performance of Services, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
No-Shows: If it becomes impossible for Copywriter to render Services due to the fault of the Client or parties related to Client, such as failure to provide necessary elements of the Services or failure of one or more essential parties to the Services to complete tasks in a timely manner, it is within the copywriter's sole discretion to allow for any additional time or dates to render Services. In such an event, any outstanding amount will immediately become due and payable to Copywriter.
3. INTELLECTUAL PROPERTY
You understand and agree that the Products contain proprietary information and materials, such as forms, deliverables, templates, 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.
Therein, any and all work created as a result of copywriter's Services is considered a work for hire and is expressly assigned to and owned by Client upon creation. Parties own their respective trademarks and intellectual property used in the normal and separate course of their business and agree not to infringe upon or otherwise use each other’s respective intellectual property except for in the course of providing Client with its Services.
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.
Display Rights. Copywriter reserves the right to display and re-post their work on their online portfolio &/or social media channels to provide on-going, up-to-date examples of Copywriter's work for marketing and/or business promotion purposes.
4. Style Release. Client has spent a satisfactory amount of time reviewing Copywriter's work and has a reasonable expectation that Copywriter's Services will produce a reasonably similar outcome and result for Client. Copywriter will use reasonable efforts to ensure Client’s services are carried out in a style and manner consistent with Copywriter's current portfolio and services, and Copywriter will try to incorporate any suggestions Client makes. However, Client understands and agrees that:
Every client and final delivery is different, with different tastes, budgets, and needs;
Copywriting and content marketing is a subjective service and Copywriter is a provider with a unique vision, with an ever-evolving voice and technique;
Copywriter will use its personal judgment to create favorable results for Client, which may not include strict adherence to Client’s suggestions;
Copywriter is working within an allotted timeframe of a 9-hour period and is not required to produce further work outside of this period and deliverables are not required to be completed in full;
Dissatisfaction with Copywriter's independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.
5. 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.
6. 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.
7. IMITATION 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.
8. 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.
A. 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.
B. 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.
C. 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
D. 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.
E. 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.
F. 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.
G. 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.