Please read carefully. By purchasing this product, the following Terms and Conditions are entered into by PhotoFluent™ (“Company”, “we”, or “us”) and You (“Client” or “You”) agree to the following terms stated herein.
PhotoFluent (herein referred to as “PhotoFluent” or “Company”) agrees to provide online training, courses, resources, and other content (herein referred to as the “Service”) identified in online commerce shopping cart. As a condition of participating in the Service, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
As part of the Service, the Company shall provide the following to Client:
A Password Protected Service Area: The Company shall maintain a Service Area that will include video, audio and written lessons, templates, worksheets, checklists, slide decks and other training and support information. You shall have access to this Service Area for as long as the Service Area exists, however no less than 120 days. In the event that Company intends to close the Service Area, it shall provide clients with a 14-day notice and the ability to download the resources contained in the Service Area.
From time to time, the Company will offer bonuses to individuals who sign up for the Service. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the Service and they vary depending on specific live and automated promotions throughout the year.
While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
In consideration of Your access to the Service, you agree to pay the agreed-upon fees for the Service, which may include a one-time fee for a course, installment payments for a course, monthly membership fees, or annual membership fees. For memberships once you cancel you will no longer have access to that membership, but would continue to have access to courses purchased separately.
If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.
Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your service access will be removed.
If you do not request a refund within the terms of the Service, you are required by law to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.
We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the course and/or membership. The Company provides a 14-day money-back guarantee for the Service. That money-back guarantee is governed by the following terms.
In the event that you decide your purchase was not the right decision, within 14 days of access being granted, contact our support team at email@example.com and let us know you’d like a refund by the 14th day at 11:59 EST.
We will NOT provide refunds for any request that comes more than 14 days following the date of purchase. After day 14, all payments are non-refundable and you are responsible for full payment of the fees for the Service regardless of whether you complete the Service.
Please note: If you opted for a course payment plan and you do not request a refund within 14 days, you are required by law to complete the remaining payments of your payment plan.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
All refunds are discretionary as determined by PhotoFluent®. To further clarify, we will not provide refunds for requests made after the 14th day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: [email protected]
Please note: Coaching session and photo review session purchases are final and nonrefundable. If a session needs to be rescheduled, it must be done with 24 hours notice, or no reschedule will be permitted.
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Service, you hereby agree to respect the privacy of other Service participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Service participants outside of the bounds of the Service unless you receive express written permission from such other participant to share the information. Similarly, the content of the Service contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Service with anyone other than the Company, its owners and employees, and other Service participants.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Service, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
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. All other names, logos, product and service names, designs and slogans in the Service are the trademarks of their respective owners.
Your participation in the Service does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Service, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Service content and resources. You hereby agree that You will not modify, 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 Service.
The Company content is not for resale. Your participation in the Service does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Service will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Service, which provides education and information. The information contained in the Service, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement 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.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Service and/or any information and resources contained in the Service. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Service.
The information, software, products, and service included or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information in the Service. The Company and/or its suppliers may make improvements and/or changes in the Service at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Service for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Service, with the delay or inability to use the Service or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Service, or otherwise arising out of the use of the Service, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Service or any portion of it, your sole and exclusive remedy is to discontinue using the Service.
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its services, programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
Client may not assign this Agreement without express written consent of Company.
Company may modify terms of this agreement at any time. All modifications shall be posted on the PhotoFluent™’s website and purchasers shall be notified.
The Company reserves the right, in its sole discretion, to terminate your access to the Service and the related services or any portion thereof at any time, if You become disruptive to the Company or other Service participants, if You fail to follow the Service guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Service and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Service. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Sacramento, CA.
Unless otherwise noted, all products come with a 14-day guarantee. Longer conditional guarantees may apply, so check the sales material at the time of your order for details. If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact [email protected]
© Diane M. Evans, PhotoFluent®
Last Updated: April 30, 2021