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Welcome to Awkward to Awesome!

This document sets out your rights and responsibilities for accessing or using the Awkward to Awesome website at www.awkwardtoawesomecourse.com, and other associated materials and sites linked hereto and operated or controlled by Zeidler Photography, LLC (herein referred to as “Company”) including but not limited to video webinar content, website content, and printable materials (herein referred to as the “Program” or “Program Materials”).  By purchasing this product, you (herein referred to as “Client”) agree to the following terms as a condition of your participation in the Program.

Access to Program

Subject to any additional terms below, which may apply for specific materials and fees, Company grants Client a non-exclusive, non-transferrable, limited access to use the Program from time to time made for the sole purposes of (i) Client education and (ii) provision professional services to Client’s customers.  This license is subject to the following limitations:

(1) The right to electronically display the Program is limited to the display of such Program   primarily to one person at a time;

(2)   The right to obtain a printout of the Program Materials is limited to a reasonable portion of the Program Materials; and

(3) The right to retrieve and store machine-readable copies of the Program Materials is limited to the retrieval of a single copy of a reasonable portion of the Program Materials and storage of that copy in machine-readable form for no more than 90 days, for one person’s exclusive use, to the extent the storage of those Program Materials is not further limited or prohibited otherwise herein.

Fees

The fee for lifetime access to the Program is $599, unless Company is offering a promotional rate at Client’s time of purchase.

Client may pay by debit card or credit card.

30 Day Guarantee

We offer a 30-day guarantee. In order to obtain your refund pursuant to this guarantee, dissatisfied Clients shall contact Company via Skype at gina iolanda within 30 days after full completion of the Program.

We will not provide refunds more than 30 days after Client’s time of purchase.  After 30 days, all payments are non-refundable and Client is responsible for full payment for the Program.

Intellectual Property

All content (including text, graphics, video, video scripts, music, artwork, sounds, visual components, photographs, and computer code, as well as branding logos, and such), 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, or in the software, products, or services offered through the Program is owned or controlled or under license to Company, and is protected by US and international copyright, trademark, trade dress, and other various intellectual property rights, including unfair trade competition laws.

Client agrees that Client will not remove, replace, or obscure any copyright, trademark, services mark or other indicia of source or ownership, nor any notices or legends used in connection with any Program Materials, software, products, or services offered through the Program.

Trademarks

Awkward to Awesome and other trademarks and service marks referenced herein are trademarks and/or service marks of the Company.  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.

Confidentiality

Company and Client mutually agree not to disclose, reveal or make use of any Confidential Information of the other party learned through Client’s participation in the Program.  Client agrees not to use such Confidential Information in any manner other than in discussions with other Clients during the Program.  Confidential Information includes, but is not limited to, information disclosed in connection with these Terms and Conditions, and shall include information rightfully obtained by a third party.  Both parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.  Client agrees not to violate the Company’s publicity or privacy rights.  Additionally, Company will not reveal any information to a third party obtained in connection with these Terms and Conditions or Company’s direct or indirect dealings with Client, including but not limited to, names, email addresses, third-party company titles or positions, phone numbers, or addresses.  Furthermore, Client will not, at any time, either directly or indirectly, disclose Confidential Information to any third party.

No Joint Venture

No joint venture, partnership, employment, agency or similar arrangement is created between the Company and Client.  Neither party has the right or power to act for or on behalf of the other or to bind the other in any respect other than as expressly provided for in these Terms and Conditions.

Additional Terms

No Warranties

The Company make no warranties, express or implied, regarding the Program or Program Materials.  While Company has many years of success applying the content of the Program, nothing written, discussed, presented, or communicated in any way or form in the Program is intended as professional advice of any other type and should not be considered as such.  Consult your attorney, CPA, or other professional for help should you require it.  Your use of the Program is subject to your acceptance of any liability that may result as a consequence of actions you take or fail to take based on the content contained within.  

All content embodied in the Program is provided on an “AS IS” and “AS AVAILABLE” basis.

The Program may not always be available when Client would like to access it for reasons beyond Company’s control.  Also, from time to time, Company may suspend or deny access to the Program for updates, maintenance, enhancements, improvements, corrections, security, or as scheduled.

In addition, some of the information and offers provided by Company are time-limited and will be removed at Company’s discretion.  

All Program content and Program Materials are for educational purposes only.  Client hereby accepts responsibility for his or her own results based on application of the Program and that Clients will see varying results.  Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Client will reach his or her goals as a result of participation in the Program.  The Program and Program Materials are intended for a general audience.  Company assumes no responsibility for errors or omissions that may appear in the Program or Program Materials.

Indemnification

Client will indemnify, defend and hold the Company harmless from and against any and all losses, suffered or paid, arising by reason of, connected to or resulting from his or her purchase of the Program, excluding any event of sole negligence or misconduct of Company.  Client shall notify Company of any such claim, and Company shall have the right to compromise or defend any such claim at its own expense.  Client, for and on behalf of Client and Client’s assigns, successors, predecessors, heirs, executors, agents, attorneys, representatives and personal representatives agrees to and hereby forever releases, acquits, discharges and covenants not to sue the Company, and their respective subsidiaries, affiliates, predecessors, heirs, successors, executors, assigns, governors, officers, members, employees, agents, attorneys, receivers, representatives and personal representatives, from and with respect to any and all obligations, notes, actions, causes of action, suits, claims, demands, judgments, taxes, levies, executions, damages, rights, remedies and debts of any kind or character, whether known or unknown, liquidated or unliquidated, fixed or contingent, direct or indirect, at law or in equity, which Client or Client’s affiliates ever had, have, or ever can, shall or may have or claim to have against the Company or Affiliates of the Company as of Client’s time of purchase of the Program arising out of Client’s participation in the Program.  

Force Majeure

If Company’s performance of any obligation under these Terms and Conditions is prevented, restricted or interfered with by causes including failure or malfunction of equipment, acts of God, explosions, vandalism, cable cuts, storms, fires, floods or other catastrophes, power failure, national emergencies, insurrections, riots, wars, strike, lockouts, boycotts, work stoppages or other labor difficulties, or any law, order, regulation or other actions of any governmental authority, agency, instrumentality, or of any civil or military authority, then Company shall be excused from such performance on a day-to-day basis to the extent of such restriction or interference. Company shall use commercially reasonable efforts under the circumstances to avoid or remove such causes of nonperformance with reasonable dispatch.

Severability/Waiver

If any provision of these Terms and Conditions is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.  The waiver by any party hereto of a breach of any provision of these Terms and Conditions shall not operate or be construed as a waiver of any subsequent breach by any party.

Assignment

Client may not assign these Terms and Conditions without the express written consent of Company.

Modification

Company, it its sole discretion, may modify these Terms and Conditions from time to time.  All modifications shall be posted on Company’s website and Clients shall be notified.

Jurisdiction

These Terms and Conditions shall be deemed to have been made in the State of Minnesota, U.S.A. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the laws of the State of Minnesota, U.S.A., without regard to conflicts of law principals. Client consents to the exclusive jurisdiction of the state and federal courts for the County of Hennepin, Minnesota, U.S.A. for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Client hereby consents to the jurisdiction of the Minnesota courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis

If you do not understand or agree with any of these Terms and Conditions, please do not purchase this program.  If you require further clarification, please contact gina@ginazeidler.com.

Updated November 10, 2016

 

Welcome to Awkward to Awesome!

This document sets out your rights and responsibilities for accessing or using the Awkward to Awesome website at www.awkwardtoawesomecourse.com, and other associated materials and sites linked hereto and operated or controlled by Zeidler Photography, LLC (herein referred to as “Company”) including but not limited to video webinar content, website content, and printable materials (herein referred to as the “Program” or “Program Materials”).  By purchasing this product, you (herein referred to as “Client”) agree to the following terms as a condition of your participation in the Program.

Access to Program

Subject to any additional terms below, which may apply for specific materials and fees, Company grants Client a non-exclusive, non-transferrable, limited access to use the Program from time to time made for the sole purposes of (i) Client education and (ii) provision professional services to Client’s customers.  This license is subject to the following limitations:

(1) The right to electronically display the Program is limited to the display of such Program   primarily to one person at a time;

(2)   The right to obtain a printout of the Program Materials is limited to a reasonable portion of the Program Materials; and

(3) The right to retrieve and store machine-readable copies of the Program Materials is limited to the retrieval of a single copy of a reasonable portion of the Program Materials and storage of that copy in machine-readable form for no more than 90 days, for one person’s exclusive use, to the extent the storage of those Program Materials is not further limited or prohibited otherwise herein.

Fees

The fee for lifetime access to the Program is $599, unless Company is offering a promotional rate at Client’s time of purchase.

Client may pay by debit card or credit card.

30 Day Guarantee

We offer a 30-day guarantee. In order to obtain your refund pursuant to this guarantee, dissatisfied Clients shall contact Company via Skype at gina iolanda within 30 days after full completion of the Program.

We will not provide refunds more than 30 days after Client’s time of purchase.  After 30 days, all payments are non-refundable and Client is responsible for full payment for the Program.

Intellectual Property

All content (including text, graphics, video, video scripts, music, artwork, sounds, visual components, photographs, and computer code, as well as branding logos, and such), 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, or in the software, products, or services offered through the Program is owned or controlled or under license to Company, and is protected by US and international copyright, trademark, trade dress, and other various intellectual property rights, including unfair trade competition laws.

Client agrees that Client will not remove, replace, or obscure any copyright, trademark, services mark or other indicia of source or ownership, nor any notices or legends used in connection with any Program Materials, software, products, or services offered through the Program.

Trademarks

Awkward to Awesome and other trademarks and service marks referenced herein are trademarks and/or service marks of the Company.  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.

Confidentiality

Company and Client mutually agree not to disclose, reveal or make use of any Confidential Information of the other party learned through Client’s participation in the Program.  Client agrees not to use such Confidential Information in any manner other than in discussions with other Clients during the Program.  Confidential Information includes, but is not limited to, information disclosed in connection with these Terms and Conditions, and shall include information rightfully obtained by a third party.  Both parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.  Client agrees not to violate the Company’s publicity or privacy rights.  Additionally, Company will not reveal any information to a third party obtained in connection with these Terms and Conditions or Company’s direct or indirect dealings with Client, including but not limited to, names, email addresses, third-party company titles or positions, phone numbers, or addresses.  Furthermore, Client will not, at any time, either directly or indirectly, disclose Confidential Information to any third party.

No Joint Venture

No joint venture, partnership, employment, agency or similar arrangement is created between the Company and Client.  Neither party has the right or power to act for or on behalf of the other or to bind the other in any respect other than as expressly provided for in these Terms and Conditions.

Additional Terms

No Warranties

The Company make no warranties, express or implied, regarding the Program or Program Materials.  While Company has many years of success applying the content of the Program, nothing written, discussed, presented, or communicated in any way or form in the Program is intended as professional advice of any other type and should not be considered as such.  Consult your attorney, CPA, or other professional for help should you require it.  Your use of the Program is subject to your acceptance of any liability that may result as a consequence of actions you take or fail to take based on the content contained within.  

All content embodied in the Program is provided on an “AS IS” and “AS AVAILABLE” basis.

The Program may not always be available when Client would like to access it for reasons beyond Company’s control.  Also, from time to time, Company may suspend or deny access to the Program for updates, maintenance, enhancements, improvements, corrections, security, or as scheduled.

In addition, some of the information and offers provided by Company are time-limited and will be removed at Company’s discretion.  

All Program content and Program Materials are for educational purposes only.  Client hereby accepts responsibility for his or her own results based on application of the Program and that Clients will see varying results.  Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Client will reach his or her goals as a result of participation in the Program.  The Program and Program Materials are intended for a general audience.  Company assumes no responsibility for errors or omissions that may appear in the Program or Program Materials.

Indemnification

Client will indemnify, defend and hold the Company harmless from and against any and all losses, suffered or paid, arising by reason of, connected to or resulting from his or her purchase of the Program, excluding any event of sole negligence or misconduct of Company.  Client shall notify Company of any such claim, and Company shall have the right to compromise or defend any such claim at its own expense.  Client, for and on behalf of Client and Client’s assigns, successors, predecessors, heirs, executors, agents, attorneys, representatives and personal representatives agrees to and hereby forever releases, acquits, discharges and covenants not to sue the Company, and their respective subsidiaries, affiliates, predecessors, heirs, successors, executors, assigns, governors, officers, members, employees, agents, attorneys, receivers, representatives and personal representatives, from and with respect to any and all obligations, notes, actions, causes of action, suits, claims, demands, judgments, taxes, levies, executions, damages, rights, remedies and debts of any kind or character, whether known or unknown, liquidated or unliquidated, fixed or contingent, direct or indirect, at law or in equity, which Client or Client’s affiliates ever had, have, or ever can, shall or may have or claim to have against the Company or Affiliates of the Company as of Client’s time of purchase of the Program arising out of Client’s participation in the Program.  

Force Majeure

If Company’s performance of any obligation under these Terms and Conditions is prevented, restricted or interfered with by causes including failure or malfunction of equipment, acts of God, explosions, vandalism, cable cuts, storms, fires, floods or other catastrophes, power failure, national emergencies, insurrections, riots, wars, strike, lockouts, boycotts, work stoppages or other labor difficulties, or any law, order, regulation or other actions of any governmental authority, agency, instrumentality, or of any civil or military authority, then Company shall be excused from such performance on a day-to-day basis to the extent of such restriction or interference. Company shall use commercially reasonable efforts under the circumstances to avoid or remove such causes of nonperformance with reasonable dispatch.

Severability/Waiver

If any provision of these Terms and Conditions is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.  The waiver by any party hereto of a breach of any provision of these Terms and Conditions shall not operate or be construed as a waiver of any subsequent breach by any party.

Assignment

Client may not assign these Terms and Conditions without the express written consent of Company.

Modification

Company, it its sole discretion, may modify these Terms and Conditions from time to time.  All modifications shall be posted on Company’s website and Clients shall be notified.

Jurisdiction

These Terms and Conditions shall be deemed to have been made in the State of Minnesota, U.S.A. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the laws of the State of Minnesota, U.S.A., without regard to conflicts of law principals. Client consents to the exclusive jurisdiction of the state and federal courts for the County of Hennepin, Minnesota, U.S.A. for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Client hereby consents to the jurisdiction of the Minnesota courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis

If you do not understand or agree with any of these Terms and Conditions, please do not purchase this program.  If you require further clarification, please contact gina@ginazeidler.com.

Updated November 10, 2016