WELCOME TO THE EDITOR’S COURSE (OWNED BY © COTTAGE HILL, LLC)
Terms and Conditions of Purchase
THE SECTION BELOW TITLED “BINDING ARBITRATION” CONTAINS A BINDING ARBITRATION AGREEMENT. BECAUSE THIS SECTION AFFECTS YOUR LEGAL RIGHTS, WE ASK THAT YOU PLEASE READ THEM.
1. PRICES AND PAYMENT TERMS
The prices for the Program shall be as stated:
- The price for the program ranges from $3,500 to $7,000 not including any add-on's the student may like to include. The student is required to complete all payments of the amount chosen through the Kajabi sales page. There are no refunds and there are no exceptions.
- Payment shall be made by credit or debit card through Stripe or Paypal by way of Kajabi.
- Upon purchase, you will receive a username and password for each subscription you purchase in the Order. For example, if you purchase only one subscription, you will receive only one username and password, and only one person may access and use the Product.
2. REFUND POLICY
There are no refunds, partial refunds or exchanges available for Editor’s Course. There will be no exceptions.
3. INTELLECTUAL PROPERTY
You understand and agree that the Products contain proprietary information and materials, such as videos, coursework, audio downloads, worksheets, 1:1 coaching session content, all content at the mastermind retreat, lesson plans, training modules, photographs, software, text, graphics, images, and sound recordings, (collectively, the “Product Content”) 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 that are owned by Cottage Hill, LLC and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Product Content, including to any sharing or social media sites, is considered stealing and an infringement of our intellectual property rights, and Cottage Hill, LLC will prosecute such misconduct to the fullest extent permitted by law.
Company name, LLC provides you with the Products solely for your own personal, noncommercial use, and you agree that you will not use any of the Product Content in any way whatsoever except for use in compliance with this Agreement. You will not use any Product Content in a manner that constitutes an infringement of Cottage Hill LLC’s rights or that has not been authorized by Cottage Hill LLC. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Product Content. You may, however, from time to time, download and/or print one copy of individual pages of the Product Content for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.
By using the products, you understand and are aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference Cottage Hill, LLC , the Products, or the Product Content, or infringe on any of Cottage Hill, LLC’s or its licensors’ intellectual property in any way. Any material that you create must be focused on your business, not ours. All copyrights, trademarks, and other intellectual property rights in and to the Products and the Product Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by Cottage Hill, LLC and/or its licensors, which reserve all of their rights, title, and interests in law and equity. THE USE OF THE PRODUCTS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF Cottage Hill, LLC AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
The trademarks, service marks, and logos of Cottage Hill LLC (the “Cottage Hill, LLC Trademarks”) used and displayed in the Products are registered and unregistered trademarks or service marks of Cottage Hill, LLC. Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Cottage Hill, LLC Trademarks inures to our benefit.
4. THIRD-PARTY MATERIALS AND WEBSITES
Cottage Hill, LLC may provide links to third-party materials and websites as a convenience to you. These links are provided solely as a convenience to you and not as an endorsement by Cottage Hill, LLC of the contents on such third-party sites, and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Cottage Hill, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that Cottage Hill, LLC will not be liable for your improper use of third-party materials and websites. Any affiliate links that linked on the site will be clearly marked; however, we encourage you to reach out to me with any questions you may have regarding affiliate links. 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.
THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS. WE’VE TAKEN REASONABLE EFFORTS TO ENSURE THAT WE ACCURATELY REPRESENT OUR PROGRAMS AND THEIR ABILITY TO HELP YOU GROW YOUR BUSINESS. HOWEVER, Cottage Hill, LLC DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS OR EARN ANY MONEY USING ANY OF OUR PRODUCTS, IDEAS, TOOLS, STRATEGIES, OR RECOMMENDATIONS, AND NOTHING ON OUR WEBSITES OR IN OUR PRODUCTS IS A PROMISE OR GUARANTEE TO YOU OF FUTURE EARNINGS.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PRODUCTS IS AT YOUR SOLE RISK. BY PURCHASING THE PRODUCTS, 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 (EXPRESSED OR IMPLIED) REGARDING YOUR EARNINGS, BUSINESS PROFITS, MARKETING PERFORMANCE, AUDIENCE GROWTH, OR RESULTS OF ANY KIND. YOU ALONE ARE RESPONSIBLE FOR YOUR ACTIONS AND BUSINESS, WHICH ARE DEPENDENT ON PERSONAL FACTORS INCLUDING, BUT NOT NECESSARILY LIMITED TO, YOUR SKILL, KNOWLEDGE, ABILITY, DEDICATION, BUSINESS SAVVY, NETWORK, AND FINANCIAL SITUATION, TO NAME JUST A FEW. YOU ALSO UNDERSTAND THAT ANY TESTIMONIALS OR ENDORSEMENTS BY OUR CUSTOMERS OR AUDIENCE REPRESENTED IN OUR PRODUCTS, PROGRAMS, WEBSITES, CONTENT, LANDING PAGES, SALES PAGES, OR OFFERINGS HAVE NOT BEEN SCIENTIFICALLY EVALUATED BY US, AND THE RESULTS EXPERIENCED BY INDIVIDUALS MAY VARY SIGNIFICANTLY. ANY STATEMENTS OUTLINED IN OUR PRODUCTS, WEBSITES, PROGRAMS, CONTENT, AND OFFERINGS ARE SIMPLY OUR OPINIONS AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE.
6. ADDITIONAL TERMS AND CONDITIONS
A. GOVERNING LAW. The Parties have entered into this Agreement in the State of OKLAHOMA and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the State of OKLAHOMA, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the State of OKLAHOMA, and that venue of any action will be located in the District Court of YOUR COUNTY County, STATE.
B) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) Cottage Hill, LLC, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, SUCCESSORS, OR ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OF THE PRODUCTS OR PURCHASES HEREUNDER; AND (II) YOUR DIRECT DAMAGES SHALL BE LIMITED TO THE FEES YOU PAID FOR THE APPLICABLE PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
C. BINDING EFFECT. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise.
D) TERMINATION. Cottage Hill, LLC is committed to providing all customers with a positive experience. If you fail, or Cottage Hill, LLC suspects that you have failed, to comply with any of the provisions of this Agreement, Cottage Hill, LLC , in its sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to the Products and/or you participation in program without refund; and/or (b) terminate this Agreement. Your obligations to Cottage Hill, LLC under this Agreement will survive expiration or termination of this Agreement for any reason.
E) CHANGES. Cottage Hill, LLC reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your access and use of the Products. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Products will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on Cottage Hill, LLC’s website or you may be notified by either e-mail or postal mail. If you have any questions, please contact us directly at KATIE@COTTAGEHILLMAG.COM
F. INDEMNIFICATION. To the extent permitted by applicable laws, both Photographer and Company agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.
G. BINDING ARBITRATION. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF OKLAHOMA, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
H) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of Cottage Hill, LLC’s intellectual property rights and confidential and proprietary information by you, Cottage Hill, LLC will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Cottage Hill, LLC may, without waiving any other remedies under this Agreement, 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 Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in TULSA County, OKLAHOMA United States of America for purposes of any such action by Cottage Hill, LLC.
I. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.
J. COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
K. NO WAIVER. If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
7. MASTERMIND RETREAT ADDITIONAL TERMS OF AGREEMENT. The purchase of Editor's Course includes access to the Mastermind Retreat and attendees must adhere to its policies as listed below.
A. ATTENDANCE. Students must RSVP to the Mastermind Retreat by three full weeks (21 days) before the starting date of the event. If student fails to RSVP, the student will be marked as 'not attending' and forfeits their chance to attend the retreat and may not be admitted. Failure to RSVP or arrive at the retreat does not result an any refund. Please refer to 2. Refund Policy—there are no refunds or partial refunds of any kind.
B. LATENESS/TARDINESS. Students who arrive late to the Mastermind Retreat Sessions are admitted only at the discretion of Katie O. Selvidge and will be treated at a case by case basis. Students will have access to the Retreat coordinator's phone number to relay news of any tardiness and plan accordingly. Arriving late or tardiness does not result an any refund. Please refer to 2. Refund Policy—there are no refunds or partial refunds of any kind.
C. BEHAVIOR. If behavior or conduct is considered unacceptable or inappropriate, you will be asked to leave the retreat. Removal from the retreat due to poor behavior does not result an any refund. Please refer to 2. Refund Policy—there are no refunds or partial refunds of any kind.
D. VENUE AND ELEMENT CHANGES. Katie O. Selvidge is entitled to change the schedule, structure and venue of the retreat at her own discretion at any time. In the very unlikely event of such changes, students will be notified as soon as possible as to best plan for the changes. Any changes to the Mastermind Retreat does not result an any refund. Please refer to 2. Refund Policy—there are no refunds or partial refunds of any kind.
E. TRAVEL & LODGING. Katie O. Selvidge and Cottage Hill, LLC of Editor's Course is in no way responsible for the travel and lodging required to attend the Mastermind Retreat. Lodging and transportation from your lodging to the retreat venue is included in the price, but Katie O. Selvidge and Cottage Hill, LLC, is not responsible for any room charges, no-shows, missing the transportation to the retreat from the hotel or any other similar situations. Should there be any disturbance in your travel (i.e. plane delays), Katie O. Selvidge, Cottage Hill, LLC and Editor's Course is not responsible and will not provide any refund due to these circumstances.
Travel is not included in the Editor's Course payment, nor are the parties of Cottage Hill, LLC responsible for your arrangements necessary to attend the Mastermind Retreat.
F. IMAGE USE & PRIVACY. Students are not permitted to use images taken at or provided from the Mastermind Retreat for commercial purpose, no exceptions. Social media usage is allowed, but must be tagged by appropriate and provided creative credit, always including the credit 'Editor's Course'. Images may not be submitted to any publication including but not limited to blogs, magazine, newspapers, exhibitions. Images taken or provided from the Mastermind Retreat may not be used in any way to advertise your own company, product, service or anything with the goal to result into a sale for your own profit.
F1. You acknowledge that we have advised you that none of the participants in the Mastermind Retreat have given releases allowing commercial use of any images taken at the workshop and that you may be subject to legal liability if you use any images commercially. You agree to indemnify and defend Cottage Hill, LLC, its members officers and employees and all other participants in the Mastermind Retreat from any claims, losses, costs or expenses (including attorneys’ fees and disbursements) arising out of or relating to any claim that you have used an image taken at the workshop in any manner that is not permitted in this Agreement.
F2. Students must credit 'Editor's Course' when sharing any imagery on any platform by using the hashtag #editorscourse and tagging @katieoselvidge in all and any refrences to the program.
F3. Students are strictly prohibited, not permitted to film or record any portion of the Mastermind Retreat without explicit permission directly from Katie O. Selvidge.
G. LIABILITY. The Mastermind Retreat as a portion of Editor's Course is included in the Liability portion of this agreement, see 6B for complete details.