Terms and Conditions of Use
All programs, products, and services are owned and provided by Kathryn J. LeMaster Art & Design ("Company" or "we" or "us" or "our") for Creative Confidence Courses (an "Offering").
The term "you" or "your" refers to any user or purchaser of said products, programs, or service(s) (the "Offering").
These terms and conditions of use govern and define how You are allowed to use and access Company's Offering.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, applicable laws and regulations and their compliance. If you disagree with any of the stated terms and conditions, you are prohibited from using or accessing this site. The materials contained in this site are secured by relevant copyright and trade mark law.
2. Use License
- Permission is allowed to temporarily download one duplicate of the materials (data or programming) on Kathryn J. LeMaster Art & Design’s site Creative Confidence Courses for individual and non-business use only. This is the just a permit of license and not an exchange of title, and under this permit you may not:
- modify or copy the materials;
- use the materials for any commercial use , or for any public presentation (business or non-business);
- attempt to decompile or rebuild any product or material contained on Kathryn J. LeMaster Art & Design’s site Creative Confidence Courses;
- remove any copyright or other restrictive documentations from the materials; or
- transfer the materials to someone else or even “mirror” the materials on other server.
- This permit might consequently be terminated if you disregard any of these confinements and may be ended by Kathryn J. LeMaster Art & Design whenever deemed. After permit termination or when your viewing permit is terminated, you must destroy any downloaded materials in your ownership whether in electronic or printed form.
- The materials on Kathryn J. LeMaster Art & Design’s site Creative Confidence Courses are given “as is”. Kathryn J. LeMaster Art & Design makes no guarantees, communicated or suggested, and thus renounces and nullifies every single other warranties, including without impediment, inferred guarantees or states of merchantability, fitness for a specific reason, or non-encroachment of licensed property or other infringement of rights. Further, Kathryn J. LeMaster Art & Design does not warrant or make any representations concerning the precision, likely results, or unwavering quality of the utilization of the materials on its internet site Creative Confidence Courses or generally identifying with such materials or on any destinations connected to this website.
- Product information, design advice, professional recommendations, vendor recommendations, suggested dimensions, and any other information provided to You by the Company and it's approved agents are suggestions only to the best of our knowledge. You are not under any obligation to implement this information and suggestions or to work with or purchase from any resources suggested by our Company. You are responsible for consulting any appropriate and applicable building professionals or other professionals for any questions concerning Your specific project or plan to implement the suggestions given by the Company before proceeding at your own risk. Any activities You participate in, resources You use, professionals You hire or choose to work with, suggestions You choose to act upon, or product You choose to purchase and/or install are voluntary decisions solely of Your own accord and our Company and it's agents and representatives shall in no way be responsible for or accountable to such actions. Any third parties, including without limit, vendors, movers, or other subcontractors who may be involved in Your project or activities pertaining to the Offering thereafter shall be Your sole responsibility and liability and such third parties shall be solely responsible and liable for their own products, work, and installation. You agree and acknowledge that under no circumstances will our Company be liable for any damages caused by or resulting from Your actions or third party actions.
4. Confidential Information; Photographs, Documents and Records of Project.
Each party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary technical and business information and materials of the other party (“Confidential Information”). Each party, and its agents, shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the Agreement except as may be required by a court or governmental authority. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality. You agree to allow Our Company or a person employed or engaged by Us to share photographs, documentation from and otherwise records of Your project as a result of You engaging in our Company's Offering. Our Company reserves the right to reproduce, publish and display such photographs, documentation, or records for our Company's promotional purposes. Photographs, documentation, and/or records will be used for business purposes including, without limitation or purposes including, but not limited to, social media, publication in newspapers, magazines, and other print media, use in broadcast media, publication via the Internet, and use in marketing and advertising materials used by Our Company. Such photographs, documentation, and/or records and any accompanying descriptions shall not identify You or Your property address without Your prior express written consent. Costs of photographs, documentation, and/or records and publicity are the responsibility of the our Company if We would like to obtain Our own information and media beyond what You choose to share with Us. Additionally, if You photograph, document, and/or share records of Your project, Our Company shall be given credit for Our Offering that contributed to what you produced, if it is released or shared publicly. Designer shall retain ownership of any Offering materials including, without limitation, original designs, original photography, drawings, renderings, sketches, samples, animation, motion design, educational material, videos, other resources and other materials prepared by by Us for the Company's Offering(s). Ownership shall include copyrights, trademarks, patents, intellectual property, or other proprietary rights existing in the design.
5. Term and Termination.
The terms of this Agreement shall commence upon the Offering(s) purchase date and shall remain effective for the lifetime of the Offering(s).
This Agreement may be terminated at any time by either party effective immediately upon notice, or the mutual agreement of the parties, or if any party: (a) becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors; or (b) breaches any of its material responsibilities or obligations under this Agreement, which breach is not remedied within ten (10) days from receipt of written notice of such breach.
In the event of termination, if You terminate your Offering(s) within the predetermined 30 day window following the date and time of Your purchase, a full refund for your Offering will be given. If You terminate your Offering(s) outside of the predetermined 30 day window following the date and time of Your purchase, no refund shall be provided, however, You may still choose to terminate Your Offering.
Upon expiration or termination of this Agreement by You choosing to un-enroll fro Your chosen Offering: (a) each party shall return or, at the disclosing party’s request, destroy the Offering(s) and Confidential Information of the other party, and (b) other than as provided herein, all rights and obligations of each party under this Agreement, exclusive of the Company and Offering, shall survive.
6. Limitation of Liability.
THE SERVICES AND THE WORK PRODUCT OF OUR OFFERING(S) ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, OUR COMPANY, ITS DESIGNERS, MEMBERS, AGENTS AND AFFILIATES (“DESIGNER PARTIES”), SHALL NOT BE LIABLE TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER INCLUDING, WITHOUT LIMIT, ANY PRODUCT DISCREPANCIES, PERSONAL INJURY, OR PROPERTY DAMAGE THAT MAY OCCUR WHILE PARTICIPATING IN OUR OFFERING(S), DURING OR FOLLOWING THE LIFETIME OF THE OFFERING(S) OR AS A RESULT OF A THIRD PARTY.
You agree to indemnify, save and hold harmless Our Company and it's designers, agents and representatives from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Your responsibilities or obligations under this Agreement. Under such circumstances (a) We shall promptly notify You in writing of any claim or suit.
8. No Warranties.
DESIGNER MAKES NO WARRANTIES WHATSOEVER. DESIGNER EXPLICITLY DISCLAIMS ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS OR GOVERNMENT RULES OR REGULATIONS APPLICABLE TO THE PROJECT, THE PRODUCTS, LABOR OR INSTALLATION. CLIENT SHALL BE SOLELY RESPONSIBLE FOR CONDUCTING ITS OWN RESEARCH TO UNDERSTAND ANY RISKS, AND ANY AND ALL MANUFACTURER OR INSTALLER WARRANTIES,
BEFORE MAKING ANY DECISIONS AND PROCEEDING WITH THE PROJECT.
9. General Provisions.
1. Independent Contractor. Our Company and it's designers, agents and representatives are independent contractors, not Your employee. Our Compay shall provide the Offering at our sole discretion and shall determine the manner and means by which the Offering(s) are rendered. This Agreement does not create a partnership or joint venture and neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Our Company and it's designers, agents and representatives and the work product prepared by Us shall not be deemed a work for hire as that term is defined under applicable Copyright Law. All rights, if any, granted to You are contractual in nature and are wholly defined by the express written agreement of the parties and the various terms and conditions of this Agreement.
2. No Exclusivity. The parties expressly acknowledge that this Agreement does not create an exclusive relationship between the parties. Your are free to engage others to perform services of the same or similar nature to those provided by Our Company, and We shall be entitled to offer and provide design services, educations, and Offering(s) to others, solicit other clients and students and otherwise advertise the services and Offering(s) by Our Company.
3. Modification. This Agreement may be modified by Our Company without notice.
4. Force Majeure. Our Company shall not be deemed in breach of this Agreement if We are unable to complete the Offering(s) or any portion thereof within the estimated time frames by reason of fire, earthquake, labor dispute, act of God or public enemy, death, illness or incapacity of Our Company and it's designers, agents and representatives, members of Our Company's designers, agents and representative's families or close friends, or governmental law, order or regulation or any other event beyond Our control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, We shall give notice to You of our inability to perform or of delay in completing the Offering(s) and shall propose revisions to the estimated times for completion of the Offering(s).
5. Governing Law and Dispute Resolution. The formation, construction, performance and enforcement of this Agreement shall be in accordance with the laws of the United States and the state of Arkansas. In the event of a dispute arising out of this Agreement, the parties agree to attempt to resolve any dispute by negotiation between the parties. If they are unable to resolve the dispute, either party may commence mediation and/or binding arbitration through the American Arbitration Association, or other forum mutually agreed to by the parties. The prevailing party in any dispute resolved by binding arbitration or litigation shall be entitled to recover its attorneys’ fees and costs. In all other circumstances, the parties specifically consent to the local, state and federal courts located in the state of Arkansas. The parties hereby waive any jurisdictional or venue defenses available to them and further consent to service of process by mail.
In no occasion should Kathryn J. LeMaster Art & Design or its suppliers subject for any harms (counting, without constraint, harms for loss of information or benefit, or because of business interference,) emerging out of the utilization or powerlessness to utilize the materials on Kathryn J. LeMaster Art & Design’s Internet webpage Creative Confidence Courses regardless of the possibility that Kathryn J. LeMaster Art & Design or a Kathryn J. LeMaster Art & Design approved agent has been told orally or in written of the likelihood of such harm. Since a few purviews don’t permit constraints on inferred guarantees, or impediments of obligation for weighty or coincidental harms, these confinements may not make a difference to you.
11. Amendments and Errata
The materials showing up on Kathryn J. LeMaster Art & Design’s site Creative Confidence Courses could incorporate typographical, or photographic mistakes. Kathryn J. LeMaster Art & Design does not warrant that any of the materials on its site are exact, finished, or current. Kathryn J. LeMaster Art & Design may roll out improvements to the materials contained on its site Creative Confidence Courses whenever without notification. Kathryn J. LeMaster Art & Design does not, then again, make any dedication to update the materials.
Kathryn J. LeMaster Art & Design has not checked on the majority of this websites or links connected to its website Creative Confidence Courses and linked materials with the course and is not in charge of the substance of any such connected webpage. The incorporation of any connection does not infer support by Kathryn J. LeMaster Art & Design of the site. Utilization of any such connected site is at the user’s own risk.
Affiliate disclosure: as of 2019 some products suggested throughout course material, shared Pinterest boards, on social media, this website, and in other digital communication throughout the Offering may include affiliate links. This means that at no additional cost to You, the Company may earn a small commission from select Vendors on eligible items if You click and / or purchase through applicable links.
Kathryn J. LeMaster Art & Design may update these terms of utilization for its website Creative Confidence Courses whenever without notification. By utilizing this site you are consenting to be bound by the then current form of these Terms and Conditions of Use.
14. Governing Law
Any case identifying with Kathryn J. LeMaster Art & Design’s site Creative Confidence Courses should be administered by the laws of the the country of the United States of America and Kathryn J. LeMaster Art & Design’s state, Arkansas, without respect to its contention of law provisions.
By purchasing the Company's Offering(s) you agree to accept and abide by the Terms & Conditions set forth above.