Terms and Conditions
Agreement between User and www.courses.meganleighacosta.com or Megan Leigh Acosta LLC
Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and Megan LEigh Acosta LLC (defined below), which governs your use of Products (defined below) obtained by purchase through this website at courses.meganleighacosta.com, or any related domains or subdomains (the “Sites”). In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Megan Leigh Acosta, and Art Classes registered for through this website (“Course”).
“Products” referred to by these Terms include but are not limited to: in person verbal information, video and audio files, written communications, templates, worksheets, and any other related items for paid purchase or for which you supply personal information, including free downloaded material or other information available through the Sites, obtained from Course. All such Products are the intellectual property of and are owned by Megan Leigh Acosta.
By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of the Products and contact Megan Leigh Acosta immediately. Failure to agree to these Terms will not result in a refund (partial, prorated or otherwise).
Understand that by using these Sites, any Products, services or applications for which you tender payment, you agree that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.
WHAT WE DO
Megan LEigh Acosta is a resource through which you may obtain photographic education related to documenting images and understanding and operating your manual mode camera. Specifically, the Sites, services, and Products help you understand how to use your camera in manual mode to capture everyday memories. Communications between you and Megan Leigh Acosta and/or Manual Mode for Moms are protected by our privacy policy (see below), but are not protected by any other privilege.
NO WARRANTY FOR RESULTS
Megan Leigh Acosta LLC provides information we hope will be helpful to those of you who have chosen to learn the outlined educational topic. While Megan Leigh Acosta makes an effort to keep such documents current and updated, because industry health, market conditions and other external forces are constantly changing and varies, Megan Leigh Acosta or can in no way guarantee the effectiveness of its services, Products or any materials. Although specific information may be adequate in general circumstances, Course cannot guarantee that it will be effective in every application or circumstance.
Please keep in mind that nothing contained in the site or available through the Products, Materials and services of Megan Leigh Acosta is intended to guarantee specific results. Your interaction with Course in any capacity does not form such a relationship. Manual Mode for Moms performance of services related to those offered through the Sites, information provided on the Sites, and Products sold through the Sites likewise does not create an express or implied warranty in any particular circumstance.
PRIVACY POLICY
Megan Leigh Acosta permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available, which is incorporated herein by reference.
Megan Leigh Acosta LLC will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you. Course will not sell or otherwise distribute this information any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. Course is the sole manager of such information collected on the Sites. Course will use such information to respond to you as necessary. You grant Course a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.
AFFILIATE LINKS
Links on the Sites may be affiliate links controlled by parties other than Megan Leigh Acosta to help support the maintenance of the Sites. Course does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate sites and makes no guarantees as to the quality or content of the same. You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Course from any loss or damage incurred from dealing with such affiliate.
Electronic Communications
Visiting www.courses.meganleighacosta.com or sending emails to Megan Leigh Acosta constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Megan Leigh Acosta is not responsible for third party access to your account that results from theft or misappropriation of your account. Megan Leigh Acosta and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Megan Leigh Acosta does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.courses.meganleighacosta.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Cancellations and refunds are not accepted at this time, as the products in this e-commerce site are all digital downloads and cannot be returned. Please thoroughly read the item descriptions before purchasing. Please contact Megan Leigh Acosta for more information.
Links to Third Party Sites/Third Party Services
www.courses.meganleighacosta.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Megan Leigh Acosta and Megan Leigh Acosta is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Megan Leigh Acosta is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Megan Leigh Acosta of the site or any association with its operators.
Certain services made available via www.courses.meganleighacosta.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.meganleighacosta.com domain, you hereby acknowledge and consent that Megan Leigh Acosta may share such information and data with any third party with whom Megan Leigh Acosta has a contractual relationship to provide the requested product, service or functionality on behalf of www.meganleighacosta.com users and customers.
INTELLECTUAL PROPERTY LICENSE
Megan Leigh Acosta LLC retains ownership of the intellectual property in (a) all text, logo, images, video, headers, trademarks, service marks, graphic, design, selection and arrangements thereof appearing on the Sites; (b) within or on any Products; (c) any content made available to you pursuant to your use of Megan Leigh Acosta’s services; and (d) any other intellectual property rights afforded to Megan Leigh Acosta either through state or federal registration, or as otherwise available at common law (“Intellectual Property”). Except as stated below, Megan Leigh Acosta does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Sites or services, including but not limited to workshops, worksheets, or through one-on-one advice sessions.
You agree not to make unauthorized use of or otherwise infringe upon Megan Leigh Acosta’s Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so. Megan Leigh Acosta will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.
So long as you comply with this Terms of Use, Megan Leigh Acosta and Manual Mode for Moms grants you a non-exclusive, non-transferable license to, view and print the Products you purchase solely for your personal use, which is not to include any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you:
(1) abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;
(2) abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, any state trademark authority, and as provided by common law;
(3) do not use the Products or otherwise offer them on any website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and
(4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products accordingly in no way expands the limited license provided herein, nor does it include ownership of any intellectual property rights, or a general right of modification beyond that allowed by Permitted Use.
You are reminded that Megan Leigh Acosta LLC will prosecute any unauthorized reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution, which is expressly outside of Permitted Use defined herein, to the fullest extent of the law.
Please remember that it is your responsibility to download the Product immediately and securely back up all purchases. Course is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and Course will not reimburse you for such downloads.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Megan Leigh Acosta has no obligation to monitor the Communication Services. However, Megan Leigh Acosta reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Megan Leigh Acosta reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Megan Leigh Acosta reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Megan Leigh Acosta’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Megan Leigh Acosta does not control or endorse the content, messages or information found in any Communication Service and, therefore, Megan Leigh Acosta specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Megan Leigh Acosta spokespersons, and their views do not necessarily reflect those of Megan Leigh Acosta.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.courses.meganleighacosta.com or Posted on Any Megan Leigh Acosta Web Page
Megan Leigh Acosta does not claim ownership of the materials you provide to www.courses.meganleighacosta.com (including feedback and suggestions) or post, upload, input or submit to any Megan Leigh Acosta Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Megan Leigh Acosta, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Megan Leigh Acosta is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Megan Leigh Acosta’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIMITED LICENSE
To access Course, you must purchase access from manualmodeformoms.com. The access license you will receive upon successful payment includes an individualized username and password. The license is non-transferable and is intended for use solely by your individual person or employees under your business entity. Under this agreement, access does not provide a license for sharing, duplication or any other method of sharing the material contained in the Course. Violating this limited license will be prosecuted to the full extent of the law.
RETURN/REFUND POLICY
All purchases are final – no refunds will be provided, in whole or part for online courses. For a full refund policy, click here.
Third Party Accounts
You will be able to connect your Megan Leigh Acosta account to third party accounts. By connecting your Megan Leigh Acosta account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Megan Leigh Acosta from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Megan Leigh Acosta Content accessed through www.meganleighacosta.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Megan Leigh Acosta, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or 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. Megan Leigh Acosta 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 Megan Leigh Acosta in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Megan Leigh Acosta agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MEGAN LEIGH ACOSTA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MEGAN LEIGH ACOSTA 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 ON THE SITE 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. MEGAN LEIGH ACOSTA 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 MEGAN LEIGH ACOSTA 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MEGAN LEIGH ACOSTA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Megan Leigh Acosta reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arkansas and you hereby consent to the exclusive jurisdiction and venue of courts in Arkansas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Megan Leigh Acosta as a result of this agreement or use of the Site. Megan Leigh Acosta’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Megan Leigh Acosta’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Megan Leigh Acosta with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Megan Leigh Acosta with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Megan Leigh Acosta with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
GOVERNING LAW; VENUE
These Terms shall be construed in accordance with, and governed in all respects by, the laws of Colorado State. Any dispute between the parties concerning this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal courts for Mount Vernon, Washington. Megan Leigh Acosta and Manual Mode for Moms reserves the right to change or modify these Terms at any time without notice to You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Course’s Products, Materials and services.
Changes to Terms
Megan Leigh Acosta reserves the right, in its sole discretion, to change the Terms under which www.meganleighacosta.com is offered. The most current version of the Terms will supersede all previous versions. Megan Leigh Acosta encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Megan Leigh Acosta welcomes your questions or comments regarding the Terms:
Email Address:
megan@meganleighacosta.com
Effective as of January 1, 2019