Terms of Service
Terms of Membership (“Terms”)
The term “Products” or “Product” refers to all of intellectual property to be delivered by purchased membership or subscription access to the Subscriber, the Purchaser. Products include, but are not limited to, video and audio recordings, emails, web pages, templates, and PDF formatted documents.
The terms “Company Name,” “we,” “us,” and “our” refer to Jenika McDavitt, LLC.
The term “including” means “including, but not limited to.”
The term “Site” refers to any website owned by Jenika McDavitt, LLC on which these Terms are posted.
The terms “Purchaser” or “Subscriber” refer to the individual or legal entity entering into these Terms of Membership.
PAYMENT & ACCESS
All Subscribers must keep their payments data up-to-date. Declined payments may result in immediate revocation of access to any and all materials of the subscription and will remain due. Declined payments and/or late payments may be assessed a late fee of $50.
There are no prorated or refunded past payments and all payments agreed to at sign-up must be made.
ACCOUNT ACCESS & REQUIREMENTS
All purchases will be made available to the Purchaser through a unique access account on psychologyforcreators.com. Sharing of any account logins or providing of access to un-authorized individuals will result in suspension of account, revocation of access and all monies will be forfeited with no refunds available. Authorized individual includes owner of the Purchaser’s company and authorized agents.
By becoming a Subscriber, you opted in to receiving occasional special offer, marketing, survey and Product-based communication emails. You can easily unsubscribe from Company commercial emails by following the opt-out instruction in these emails.
Subscriber is responsible for ensuring all contact information, including but not limited to email addresses, are valid and up-to-date. Subscriber is responsible for safelisting or whitelisting emails from the Company and the Company is not liable for any emails not received due to Subscribers failure in these actions.
Subscribers must be at least eighteen (18) years of age. No Subscriber under the age of eighteen (18) may participate in Company’s subscriber programs and/or purchase of Company products.
Videos hosted within the account shall not be downloaded, screen-recorded or otherwise captured in any format. Videos are only to be access by your unique log-in account to psychologyforcreators.com.
CONDUCT OF SUBSCRIBER
Company retains discretion to revoke Subscriber’s access to all materials, communities or other assets due to poor conduct. This includes, but is not limited to, defamatory comments, abusive language or actions, harassment of others. If removed for conduct, Subscriber will not receive any proration or refund of monies paid.
LICENSE OF USE
So long as Subscriber comply with these Terms Of Membership, Company grants Subscriber a non-exclusive, non-transferable license to download, view, edit, copy and print the Products Subscriber purchase solely for your specific legal entity business use with respect to your clients or similar business use, and which is not to include any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that Subscriber: (1) abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law; (2) abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law; (3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and (4) do not modify the Products in any way beyond edits and completions necessary to complete templates and other Products consistent with Permitted Use provided by these Terms. Final products using templates and/or processing may be shared in their final version. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does grant Subscriber intellectual property ownership in, or provide a general right to modification of, the Products.
Violations of this License will result in immediate ejection from the community, denial of access to all purchases and all monies paid will be forfeited without refund. Company may, at its discretion, pursue all legal remedies available for violations.
THIRD-PARTY GENERATED CONTENT
The Web Site contains content generated from third-parties. This content includes but is not limited to product ratings, product reviews, discounts, event announcements, featured listings, blog posts/articles, paid or unpaid advertisements, calendar announcements, listings, and links to third-party sites. Third-Party generated content further includes information about products and services, mainly through advertising, offered by parties other than the Site, such as product descriptions, specifications, pricing, availability, uses and performance. The Site does not guarantee the accuracy, integrity, or quality of third-party generated content. The Site does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized Site spokespersons.
THIRD-PARTY WEBSITES AND INFORMATION LISTINGS
You may be transferred to online merchants or other third-party websites through links or frames from the Site. These links are provided solely for your convenience and do not constitute an endorsement by the Site, its licensors, or advertisers of these third-party websites. Nor do these links imply an affiliation of the Site with these third-party sites or listed resources beyond the publication of a hyperlink on the Site. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between You and that third party. You agree that the Site will not be responsible or liable for any loss or damage of any sort incurred as the result of any of Your transactions or other dealings with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
PRODUCTS ARE PROVIDED “AS IS.” COMPANY OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. COMPANY MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACURRATE AND RELIABLE IN ALL INSTANCES. LIMITATION OF LIABILITY AND INDEMNIFICATION EXCEPT AS PROHIBITED BY LAW, COMPANY SHALL NOT BE LIABLE TO SUBSCRIBER OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THEREIS LIABILITY FOUND AS TO COMPANY, SUCH RECOVERY IS LIMITED TO THE AMOUNT SUBSCRIBER PAID FOR MATERIALS, PRODUCTS AND SERVICES.
CLASS ACTION WAIVER
YOU AGREE THAT ANY PROCEEDING IS LIMITED TO THE DISPUTE BETWEEN COMPANY AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW. NO PROCEEDING WILL BE JOINED WITH ANOTHER. THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE RESOLVED ON A CLASS ACTION-BASIS OR TO UTILIZE CLASS ACTION PROCEDURES. THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST COMPANY ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
LIMITATION OF DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE TO SUBSCRIBER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENT.IAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF OPPORTUNITY COST, LOSS OF PROFITS AND THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. DAMAGES, INCLUDING ATTORNEY’S FEES AND COSTS, ARE LIMITED TO THE AMOUNT PAID UNDER THIS AGREEMENT.
Subscriber agree to indemnify, defend and hold Company harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of products in violation of these Terms of Membership and/or arising from a breach of these Terms of Membership and/or any breach of your representations and warranties set forth above and/or if any material that Subscriber post using this Site causes us to be liable to another.
NO PROFESSIONAL SERVICES
The purchase of the membership/subscription product does not include in the rendering of specific professional services such as medical, legal, accounting, financial or otherwise professionally license required services. The information in the Product(s) are for educational purposes only and Subscriber must always seek the advise of a licensed professional for application to your specific needs.
NON-GUARANTEE OF RESULTS
Company does not make any guarantees as to results. All purchases are non-refundability with no guarantee for your success.
Subscriber will not share or any information in the Product, except (a) when required by lawful court or other legal process, but only then after providing written notice to Company and subjecting the material to a reasonable protective order of the court or other government authority to seek legal advice, and only then when (i) necessary, (ii) told to bona fide, retained legal counsel, and (iii) subject to an enforceable promise of confidentiality by the legal counsel to Company; or (b) when authorized in a signed writing by Company.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
GOVERNING LAW, JURISDICTION AND VENUE
These Terms will be governed under the laws of the State/Commonwealth of MARYLAND without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms will be venued exclusively in state or federal court in the City/County of BEL AIR. Subscriber hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms is taking place or originating. If either party to this agreement brings a legal action against the other party to these Terms to secure the specific performance of the Terms, collect damages for breach of this agreement, or otherwise enforce or interpret these Terms, the prevailing party will recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
THESE TERMS MAY CHANGE
These Terms are current as of the effective date set forth above. Company reserves the right to change these Terms from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Company will timely email Subscriber using the email supplied by Subscriber to notice any consequential Terms of Membership changes. Your continued use of this Site, Products, and participation as a Subscriber after we have posted the revised Terms constitute your agreement to be bound by the revised Terms of Membership. If at any time Subscriber choose not to accept these Terms of Membership, Subscriber should not use this Site and terminate your Subscription with Company.
If Subscriber have any questions about this Site or these Terms of Membership, please contact us using the following information:
via email at jenika [at] psychologyforphotographers [dot] com.