Cover Your Assets Program Terms
Last updated: May 23, 2021
Please read these Program Terms (“Terms”) carefully before completing your purchase of the Cover Your Assets Program (“Program”) from Artful Contracts, LLC (the “Company”, “we”, “our”).
The Program may include live group coaching or question and answer calls via live video stream or video conferencing software; course content and materials; guides, resources, checklists available for viewing or download; or other information and materials furnished by the Company (collectively, “Content”) and access to a website or platform owned or maintained by us, including but not limited to the online software platforms that we use to distribute our Program, a group on any social media platform, or similar online community (the “Site”).
You must be at least 18 years of age or older to purchase from the Company.
By participating in the Program, you understand that Amelia (Amy) Nesheim is a licensed attorney in the State of New Hampshire and the Commonwealth of Massachusetts, however, she will NOT give you legal advice pertaining to you, your business, or your unique situation. Amy Nesheim is not your attorney. You can only get legal advice from a local licensed attorney.
- Not Legal or Professional Advice
The information contained in the Program is not intended as, and shall not be understood or construed as, professional advice. The Program is for informational and educational purposes only. The Program should not be construed as legal, financial, or any other type of professional advice. While the Company’s representatives and/or employees may be professionals and the information provided in the Program relates to issues within their area(s) of professionalism, the information contained in the Program is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation. Regardless of anything to the contrary, nothing in the Program should be understood as a recommendation that you should not consult with a professional to address your particular situation. The Company expressly recommends that you seek advice from a licensed professional.
The Company and its representatives and employees have done their best to ensure that the information provided in the Program is accurate and to provide valuable information. However, we do not make any representation that the information contained in the Program is accurate or free of errors at all times. We do not assume responsibility for the Program’s accuracy, efficacy, or effectiveness as it applies to you at any given time.
The Company shall not be liable or responsible for any errors or omissions in the Program or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
- No Attorney-Client Relationship
Your purchase of the Program does not create an attorney-client relationship between you and the Company, Amy Nesheim, or any of our professionals. You recognize and agree that your purchase of the Program does not create an attorney-client relationship or any other type of professional-client relationship.
- Your Personal Responsibility & Assumption of the Risk
By using the Program, you accept personal responsibility for the results of your actions. You assume all the risk of your access to the Program and/or the Site and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to you. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended in the Program.
In consideration for your access to the Program, you agree to pay for the Program in full (including all applicable sales and other taxes or fees) as indicated on the sales and checkout pages for such Program and for providing the Company with a valid credit card, debit card, or other payment method.
To complete your purchase, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and (ii) the information you supply to the Company is true, correct and complete.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected including purchases made with pre-paid credit cards. The Company reserves the right to refuse or cancel your order at any time for any reason, including but not limited to product or service availability, errors in the description or price of the product or service, or errors in your order.
Payment Plan Policies
If you select the payment plan, your card will be charged the first payment at checkout in the amount indicated on the checkout page and subsequent payments will be charged on the same day of the month until all payments are made in full.
If all eligible payment methods the Company has on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your access to the Site and all Content will be revoked five (5) days after the missed payment. You will also not receive access to future versions of or updates to the Program until all payments are made in full.
If your account remains in delinquent status for longer than sixty (60) days, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to our sole discretion until the account is caught up and in good standing.
To be clear, a payment plan is not a subscription payment model that can be canceled or a “pay in part” program where you can pay only for access to certain course materials and not others. The payment plan is a convenience that the Company offers so that you can make the price sustainable.
If you realize the Program is not right for you, please email email@example.com within thirty (30) days of your purchase, and the Company will promptly issue an instruction to our payment processor to refund your payment. A credit will be applied to your credit card or other original method of payment and any future payments will be cancelled. The Company does not control its payment processor and will not be able to expedite any refunds.
If you opted for a payment plan and do not request a refund within the refund window, you are required by law to complete the remaining payments of your payment plan.
If you experience any difficulties accessing, retrieving, or downloading your purchased Program, contact the Company immediately at firstname.lastname@example.org.
The Company will not, under any circumstances, issue any refunds, in whole or in part, after the refund deadline.
Your access to the Program and license to use the Program and related materials is revoked immediately upon your receipt of a refund. By requesting and accepting a refund, you agree to immediately cease using and delete all materials related to the purchased Program from all your electronic devices, including but not limited to video recordings, audio recordings, forms, templates, checklists, guides, slide decks, and other resources. You will be removed from the member community and may no longer participate in community events.
You further agree to respect the Company’s confidential information. The content of the Program contains our proprietary methods, forms, templates, and other information. You agree not to share the information provided to you in the Program with anyone other than the Company and other purchasers of the Program.
YOUR MATERIALS AND CONTRIBUTIONS
By submitting a comment, photo, video or other material(s) to the Site, or participating in any live events via video conferencing software, you grant to the Company a non-revocable, commercial license to record, capture, and republish your submission or participation in whole or in part unless you explicitly state that we may not do so with said submission. You have no right to privacy related to your actions in accessing the Program or related materials or participating on the Site, and the Company reserves the right to disclose your participation in the same.
You must own the copyright to any image(s) you use on the Site or in the Program. You grant the Company a non-revocable, commercial license to any image(s) you submit to us by default, such as a Facebook profile photo or other profile image you voluntarily provide in accessing the Program or the Site, or that you provide voluntarily upon our request. Such a default or voluntary release of your image and likeness may be used for any reasonable future business use.
By participating in any live group coaching calls or any other events held via video conferencing software, you consent to the recording of your participation in such calls. Such recordings will be made available inside the Program and may be used for any reasonable future business use at the discretion of the Company.
The Company is not obligated to notify you or anyone of our use in our own publications of photographs or other images that you submit to us by default or voluntarily.
The Program, the Content, and the Site contain intellectual property owned by the Company, including trademarks, copyrights, proprietary information, and other intellectual property, such as text, video, graphics, design, logos, images, and the compilation thereof. The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. The Company reserves all rights in and to its common law and registered trademarks, service marks, copyrights, and other intellectual property rights, to all intellectual property included in the Program, the Content, and the Site (“IP”).
All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
Your purchase of the Program does not result in a transfer of any intellectual property to You. As a condition of your purchase and use of the Program, You agree to observe and abide by all copyright and other intellectual property protection. The Company grants You a single-use, non-exclusive, non-transferrable, revocable, royalty-free license to access and use the Content for your personal or internal business use. You agree that You will not modify (except as such modification may be necessary for completing or filling out templates or forms for Your authorized use), publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Content or Program, or offer any competing Program or services based upon any information contained in the Program.
The Company IP is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of the IP. You agree not to delete or alter any proprietary rights or attribution notices in any of the IP. You will use the IP solely for your individual or internal business use and will make no other use of the IP without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any of the IP. The Company does not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You agree that any infringement of the Company’s IP shall result in an immediate termination of the license granted in these Terms. If you make any unauthorized use of the Company’s IP, your access to the Program will be terminated immediately and you shall not be entitled to a refund of any portion of the purchase price.
You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by You, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms. The Company may, without waiving any other remedies under these Terms, 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 mediation referenced below. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New Hampshire for purposes of any such action by the Company.
LIMITATION OF LIABILITY
Except as expressly provided in these Terms, the Company makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Program. In no event shall the Company be liable to You for any direct, indirect, consequential or special damages, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. The Company’s entire liability for any breach of these Terms, and Your sole remedy, shall be limited to the purchase price actually paid by You to the Company.
WE MAKE NO WARRANTIES AS TO THE PROGRAM. YOU AGREE THAT THE PROGRAM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAM WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
If you are found to be slandering, libeling or otherwise disparaging the Company, Program, or related materials, your access to the Program will be immediately revoked. The Company reserves the right to file a civil claim of action against you for any such damaging actions you take that materially harm the Company.
You shall indemnify and hold the Company 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, attorney’s fees, arising out of your breach of any of these Terms, your use of the Program, the Site, the Content, or your failure to maintain the confidentiality and/or security of your password or access rights to the Site and the Program. You shall provide the Company with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing the Company 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. You recognize and agree that the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
The Company reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Program. Such modifications and additional terms and conditions shall be effective immediately and incorporated into these Terms. Your continued use of the Program will be deemed your acceptance of such changed terms. The changes may be listed in an area accessible to you on the Site or you may be notified by either e-mail or postal mail. If you have any questions regarding modified terms, please contact us at email@example.com.
EFFECT OF HEADINGS; SEVERABILITY
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of these Terms are held to be unenforceable or contrary to law, such portion shall be construed in accordance with applicable law so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.
ENTIRE AGREEMENT; WAIVER
ALTERNATIVE DISPUTE RESOLUTION
You agree to notify the Company of any concerns or issues regarding the Program, and to give the Company an opportunity to resolve those concerns or issues. If you and the Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then you explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action. You agree that your good faith participation in Mediation or other Alternative Dispute Resolution is a condition precedent to filing any civil cause of action.
GOVERNING LAW; JURISDICTION
These Terms shall be construed in accordance with, and governed by, the laws of the State of New Hampshire, and the courts of New Hampshire shall have jurisdiction to hear and determine any dispute arising in relation to these Terms. You agree that any proceeding relating to the Program must be filed exclusively in the appropriate courts located in New Hampshire and you submit to the jurisdiction of those courts and waive any objection based on an inconvenient forum or other reasons.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms are reserved by the Company.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org