TERMS OF SERVICE
Effective Date: January 21, 2022
The terms “we”, “us”, and “our” refer to Liz Kohler Brown LLC (“Company”).
The terms “Site(s)” refers to www.lizkohlerbrown.com and www.classes.lizkohlerbrown.com
On these Sites, we provide information, products and services related to the subject matter of surface pattern design and entrepreneurship, and we offer various products and services, including, but not limited to classes and memberships, The Studio Membership, and the online courses on Classes.LizKohlerBrown.com (collectively, “Services”).
The term “user,” “customer,” “you,” and “your” refers to visitors, users and customers of the Sites and/or Services.
- USE OF THE SITES AND SERVICES
To access or use the Sites and/or Services, you must be eighteen (18) years or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Sites and/or Services.
- LAWFUL PURPOSES
You may use the Sites and/or Services for lawful purposes only. You agree to be financially responsible for all purchases made by you. You agree to use the Sites and/or Services and to purchase our Services for legitimate purposes only. You shall not post or transmit through the Sites and/or Services any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
- ACCOUNT CREATION
In order to use the Sites and/or Services, you may be required to provide information about yourself including your name, email address, username, password and/or other personal information. You agree that any account information you provide on the Sites or to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own.
- REFUSAL OF SERVICES
We reserve the right to refuse access to the Sites and/or Services to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Sites and/or Services, without refund (if applicable) or liability, if you violate these Terms of Services or other Agreements governing your use of the Sites and/or Services.
- The Studio ONLINE MEMBERSHIP: ACCESS, PAYMENT POLICY, REFUND POLICY AND CANCELLATION POLICY
In addition to the terms set forth herein, the following terms apply if you purchase or access the The Studio Online Membership:
Access: The Studio Online Membership (“Membership”) is an online subscription service and The Courses (“Courses”) are one time or mult-payment services. The Membership and Courses are for your own personal use, not for agencies or companies. You agree not to share access to or the contents of the Membership or Courses with anyone who is not a customer of record with the Company. In order to use the Membership, you will be required to create an account by providing information about yourself including your name, email address, username and password and other personal information. Your access to the Membership or Courses may be revoked, without refund, for failure to abide by these Terms of Service or for failure to make timely and full payments to the Company for your purchase of the Membership or Courses.
Payment Policy: You agree to make timely and full payments to the Company for the Membership (regardless of whether you select to pay for the Membership or Courses monthly or annually). You authorize Company to automatically charge the credit card on file for any and all Membership balances owed and you agree to keep this information current and up-to-date with the Company. If any payment is insufficient or declined for any reason, Company may remove you from the Membership or Courses without liability or refund.
Refund Policy: Refunds for your purchase of the Membership are not available, however Course memberships will be considered on a case-by-case basis.
Cancellation Policy: Your Membership can be cancelled at any time by logging into your private membership portal. If you wish to cancel, you must do so before your next billing date which will be the same day each month (if the monthly plan was selected) or the same day each year (if the annual plan was selected). Please make note of the day of the month (or year) that your membership renews. Refunds are not available once the payment has been processed. Membership pricing is locked in at the time of enrollment. If you cancel your Membership and return in the future, the fees will be subject to the price of Membership at the time of repurchase.
- CUSTOMER FEEDBACK
You agree that the Company has the right to use your feedback whether in the form of emails, surveys, comments, discussions in forums, social media, coaching calls, or otherwise, for the purposes of marketing or promoting its Sites and Services.
You agree that the Company may use any images, audio recordings or video recordings of you obtained while enrolled in the Course or Membership or while engaging with us on our Sites or on social media. You waive any right to payment, royalties or any other consideration for the use of such images, audio recordings or video recordings. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which you, your heirs, representatives, your estates have or may have by reason of this authorization.
- NO CONFIDENTIALITY
You understand that given the group format of the Course and Membership, information provided or shared with the Company or other participants, whether in the form of comments, discussions in forums, social media comments, coaching calls, webcasts, or otherwise are not confidential.
- PARTICIPANT’S CONDUCT
You agree to conduct yourself in a dignified and professional manner and will not engage in any activity that is detrimental to the health, safety and welfare of other Membership and/or Course participants, customers or community members. You acknowledge and agree that the Company reserves the right to remove you from the Membership and/or Course, the Site(s) or group forums, without reimbursement or liability, if Company, in its sole discretion, determines that your behavior creates a disruption or hinders the enjoyment, safety or well-being of other participants.
- NO GUARANTEES OF RESULTS
The Company may share the successful results of its users or customers on the Sites and/or Services. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Sites and/or using our Services, 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 verbally or in writing regarding your future earnings, business profit, marketing performance, audience growth, or results of any kind. The Company does not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Sites and Services is a promise or guarantee to you of such results.
YOUR USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK. ANY SERVICE AND/OR INFORMATION PROVIDED BY THE SITES AND SERVICES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THE SITES AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SITES AND SERVICES OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS TO SITES AND SERVICES AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITES AND SERVICES, OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE SITES AND SERVICES.
- LIFETIME ACCESS
Any indication that you will have lifetime access to our Services is for the lifetime of that Service. If for any reason, the Company should dissolve, cease to exist or otherwise retire Services, then your access to that Service will terminate, without refund or liability on Company’s behalf. However, you will be given an opportunity to download some content before deletion as deemed appropriate by Liz Kohler Brown LLC.
- INTELLECTUAL PROPERTY
All trade names, trademarks, and images and biographical information of people used on the Sites and/or Services, including without limitation the Company’s name and trademark(s), are either the property of, or used with permission by, the Company. Their use by you is strictly prohibited unless specifically permitted by these Terms of Service or by prior written permission from the Company. Any unauthorized use may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes.
Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Sites and/or Services in any way, you may notify Company at [email protected] Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark/copyright registration information, the location/URL of the violation, and any other information you believe is relevant.
- LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR COMPANY WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE USE OF THE SITES OR SERVICES IT PROVIDES.
- THIRD PARTY WEBSITE AND RESOURCES
The Sites and Services contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Sites and/or Services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- AFFILIATE LINKS
From time to time, Company may include affiliate links on its Sites and/or Services. This means that if you purchase an item using an affiliate link, the Company may earn a commission. Affiliate links will be highlighted in some manner so as to disclose the affiliate relationship.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Sites and/or Services. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
- GOVERNING LAW
The Terms of Service shall be governed by the laws of the State of North Carolina.
- DISPUTE RESOLUTION
We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service, by agreeing to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Doylestown, Pennsylvania. Any costs and fees other than attorney fees associated with the mediation will be shared equally by the parties. If the dispute is not resolved within thirty (30) calendar days after it is referred to the mediator, any party may take the matter to court.
- EFFECT OF HEADINGS
The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
- ENTIRE AGREEMENT
Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
- CHANGED TERMS
We reserve the right to update any portion of our Sites and/or Services, including these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Sites. If you have provided us your email address, we will also email you to let you know of material amendments to our Terms of Service. Any use of the Sites and/or Services by you after an amendment is made means you accept these amendments. We will post the most recent versions to the Sites and list the effective dates on the pages of our Terms of Service.
- HOW TO CONTACT US
If you have any questions about this Terms of Service, please contact us at: [email protected]