This Agreement (“Agreement”) is made effective by and between raemei LLC (the “Company”), and purchaser of the digital product (hereafter “Client”), for the purpose of Client purchasing a digital product from Company’s online shop (the “Product”). Client agrees to the terms and conditions below by checking the box in the online shopping cart checkout or by submitting payment for the Product.
Digital Product Usage
After purchasing the digital product, Client will be given access to the product materials within 24 hours through a download delivered to their email. Client will have lifetime access to the materials so long as the product(s) is/are available, unless otherwise stated within the product.
Company hereby grants to Client one (1) exclusive, non-sublicensable, non-transferable, license to use the Product. Client understands and agrees that the Product materials may not be shared with any third party. In the event Company suspects that the Product is being shared with another party, Company reserves the right to immediately terminate Client’s access to the Product.
Fees & Payment Processing
In consideration for access to the Product provided by Company, Client agrees to compensate Company the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, Client shall provide a new eligible payment method before receiving access to the Product. In the event Client has already been given access to the Product and a payment method is declined, Company reserves the right to collect any and all outstanding receivables.
Refund Policy
Due to the nature of digital products being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by Client in connection with the Product will be allowed under any circumstances.
Personal Information
By purchasing the Product, Client will be asked to provide personal information including their name, email address, mailing and billing address. Client agrees to allow Company access to this personal information for all lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of their identifying information, and updating Company on any changes to their identifying information.
The billing information provided to Company by Client will be kept secure and is subject to the same confidentiality and accuracy requirements as Client’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.
Warranties and Liability
The Company strives to provide helpful guidance in its product(s), however, it's important to note the following:
a) No Guaranteed Results: The Company does not guarantee or promise any specific results or outcomes from using the Product. The Company cannot be held responsible if the desired results are not achieved or if the outcome of utilizing the Product does not meet the Client's expectations.
b) Personal Responsibility: By using the Product, the Client acknowledges and accepts that they are solely responsible for the implementation and results of their own project. The Company is not liable for any damages, losses, or injuries that may occur during the creation process or as a result of using the Product or the items that the Product may lead to.
c) Product Suitability: While the Company endeavors to provide accurate and reliable information, it cannot guarantee the suitability or compatibility of the Product with your specific materials or circumstances. It is the responsibility of the Client to assess the compatibility of the instructions with their materials, skill level, and capabilities and exercise caution when working on their project.
d) Indirect or Consequential Damages: The Company shall not be liable for any indirect or consequential damages arising from the use of the Product, including but not limited to financial losses, loss of profits, or damage to personal property.
Release & Reasonable Expectations
Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s Product will produce different outcomes and results for each Client. Client understands and agrees that:
- Every Client and final result using the Product is different;
- The tools and materials required for the final result are not provided or included in the Product;
- Every Client will need to exercise caution and determine the safety of both themselves and their horses when using their final result;
- The Product is intended for a mass audience.
Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
Venue and Jurisdiction
The laws of the State of California shall govern this contract, and any resulting arbitration shall take place within San Luis Obispo County, California. Both parties assume responsibility for all collection costs and legal fees incurred should enforcement of this Agreement become necessary.
Mediation and Arbitration
Any and all disputes or disagreements arising between the parties out of this Agreement upon which an amicable understanding cannot be reached shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in San Luis Obispo County, California, unless another location is mutually agreed upon by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
Transfer
This agreement cannot be transferred or assigned to any third party without the written consent of both parties.
Severability
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.