BeautifulMesh Wreaths and Lauren Simmons Etsy Coaching Agreement
This Etsy Coaching Agreement is entered by and between You, the “Customer”, and Lauren Simmons and BeautifulMesh Wreaths, collectively the “Company.” The following terms and conditions, (this “Agreement”), govern your agreement to obtain services from the Company. Your purchase of Esty Coaching products from Company through the Company’s Etsy Shop requires acknowledgment and agreement to the terms of this Agreement and by making said purchase, you expressly agree to all the terms below.
Provision of Etsy Coaching
Upon completed purchase, including full payment by the Customer, the Company agrees to provide Etsy Coaching Services as set forth below.
Etsy Shop Review by Lauren Simmons. For a fee of $75.00 you will receive a review of your current Etsy Shop by Lauren Simmons. Following the review, Lauren will provide comments and suggestions for you (either orally or in writing in Lauren’s sole discretion) to implement on your Etsy Shop Page. The length and character of the review will be specific to your Etsy Shop and will vary from client-to-client. Upon receipt of your review, you will be entitled to ask questions about your review directly with Lauren Simmons through e-mail communications. The communications must relate to the Esty Review and your Etsy Shop. In addition to your review, you will also receive month access to the Company’s paid membership group. After the expiration of thirty (30) days, to continue to access the membership group, you will be required to pay a monthly membership fee in the amount of $14.99, as set forth in the paragraph titled Monthly Membership Group below. Due to the personal and custom nature of this service, there are no refunds or exchanges allowed. All sales are final.
Etsy Shop Set Up Assistance. For a fee of $150.00 Lauren Simmons will provide direct personal assistance to you to assist you with setting up your Etsy Shop. All assistance will be provided either through electronic communications or video chat as determined by Lauren Simmons. This service is intended to supplement your efforts to set up your Etsy Shop and shall not obligate Lauren Simmons or the Company to undertake the responsibility for setting up your Etsy Shop. You will also receive a complimentary copy of E-Book titled Etsy Ebook, Your How-To and Why-To Manual, by Lauren Simmons, which retails for $19.99, and you will receive month access to the Company’s paid membership group. After the expiration of thirty (30) days, to continue to access the membership group, you will be required to pay a monthly membership fee in the amount of $14.99, as set forth in the paragraph titled Monthly Membership Group below. Due to the personal and custom nature of this service, there are no refunds or exchanges allowed. All sales are final.
The Company reserves the right to withdraw or amend services offered on the BeautifulMesh Wreaths Etsy Shop, in its sole discretion without notice, and the Company shall not be liable if, for any reason, all or any part of our services is or become unavailable for purchase is unavailable at any time or for any period.
Monthly Membership Group. For a monthly fee in the amount of $14.99, you will receive access to a private monthly membership group on Facebook. The group consists of other paid members who discuss issues regarding setting up and using an Etsy Shop, among other topics. Lauren Simmons is the administrator of this Group and will monitor and participate in discussions and questions as she deems appropriate and in her sole discretion. All members are expected to be respectful to the Administrator and other members of the group and to refrain from using any profanity or other inappropriate statements in the Membership Group. Becoming a member of the Monthly Membership Group does not entitle you to any other services offered by Lauren Simmons or the Company. You may ask questions on the Membership Group page, but responses to every question is not guaranteed. Your membership does not entitle you to any one-on-one or direct communications with Lauren Simmons or any other representatives of the Company. You will remain a member of the group as long as you pay the monthly membership fee which will be automatically charged and collected electronically each month on the day that you first registered for the group, your “Anniversary Date.” Example- If you register for the group on March 3, you will be charged the monthly membership fee on the 3rd day of each month thereafter. You may cancel at anytime by contacting the Company directly at firstname.lastname@example.org. Cancellations made after the Anniversary Date will become effective as of the Anniversary Date of the following month, at which time no further payments will be due or required and your access to the Membership Group will terminate. There are no refunds issued for cancellations of your membership that are received after the Anniversary Date. Your membership will be cancelled by the Company immediately if the payment method on record is not effective or at the will of the Company if you violate any of the terms of this Agreement.
For Educational and Informational Purposes Only
The information offered by the Company and Lauren Simmons in the Monthly Membership Group, Etsy Coaching Services, Etsy Reviews, E-Book titled Etsy Ebook, Your How-To and Why-To Manual whether disseminated on the Company’s Etsy Shop or through oral or electronic communications, video chat or are intended for educational and informational purposes only. None of the advice or information provided by the Company or Lauren Simmons is legal, financial or tax advice. You should always confer with your own advisors regarding your legal, financial and tax matters.
Disclaimer of Warranties
Nothing in this Agreement shall be construed as a representation made or warranty given that the Etsy Coaching Services provided to you by the Company will result in increased Etsy Shop sales or visits, or that the Etsy Coaching Services will have any financial impact on you or your Etsy Shop. Any advice, suggestions or comments given to you by the Company are to be implemented by you and at your discretion. The Company shall not be responsible or liable for implementation of the advice, suggestions or information rendered to you by the Company in the provision of Etsy Coaching Services. The company does not warrant or guarantee any specific result, financial or otherwise, from the Etsy Coaching Services it offers. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH PARTY EXPRESSLY DISCLAIMS, WAIVES, RELEASES AND RENOUNCES ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
Lauren Simmons is not an attorney, tax professional or financial advisor, the content and information disseminated in any form (audio, video, written or otherwise) should be used for informational and educational purposes only and should not replace the advice of a qualified professional in any appropriate area such as an attorney, accountant, CPA or financial advisor prior to being implemented in your business.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE ETSY COACHING SERVICES IT PROVIDES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to the Etsy Coaching Services or this Agreement.
Intellectual Property Rights
The Content of the Company’s Etsy Shop and Membership Group, including but not limited to all text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You must not:
- Copy or modify any photos of products listed on the Company’s Etsy Shop.
- Use any illustrations, photographs, video or audio sequences, or any graphics from the Company’s Etsy Shop.
- Delete or alter any copyright, trademark, or other proprietary rights notices from photos of products from the Company’s Etsy Shop.
Any use of the Content of the Company’s Etsy Shop, not expressly permitted by the Company, is a breach of these this Agreement and may violate copyright, trademark, and other laws.
The Company name, the terms BeautifulMesh Wreaths 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.
Governing Law and Jurisdiction
All matters relating to the Etsy Coaching Services or this Agreement, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Virginia without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, the Etsy Coaching Services or this Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Virginia. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Company’s sole discretion, it may require You to submit any disputes arising from the Etsy Coaching Services or this Agreement, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Virginia law.
The Agreement shall constitute the sole and entire agreement between you and BeautifulMesh Wreaths and Lauren Simmons, and it supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.