Program Terms of Use
Hey there, amazing person! By purchasing any programs from (hereinafter the “Program”), you, the purchaser (hereinafter “Student” or “Client”) enters an agreement with Caliwynd Creates ("Company") and agree to the following terms:
Course Deliverables
Programs are online courses. Company agrees to provide the content as promised on the Program checkout page.
Student will retain access to the Program for the life of the Program, meaning for as long as Company offers and maintains the Program. Company will provide Student with at least one month’s notice should Company need to retire the program. It is then Student’s responsibility to download all materials from the Program before the retirement date noted by Company.
Disclaimer
These terms cover the self-study Programs offered by Company. Programs that include 1:1 or group coaching will have separate contracts with more detailed terms and conditions.
Payment
In consideration of Student’s access to the Program, Student agrees to pay the price as noted on the checkout page.
No Refunds
Due to the digital nature of Programs, Company has a strict no-refund policy. Student understands and agrees to this.
Cancellation
Student may not cancel their payments for the Program and understands that they are responsible for paying for the Program in full upon registration or as allowed by a payment plan option. Should Student fail to make timely payment, Company may immediately suspend Student’s access to the Program and pursue whatever remedies available to collect the balance owed.
Company may cancel Student’s Program at any time for causes such as disruptive and disrespectful behavior, hateful and divisive comments, or other non-supportive patterns.
Intellectual Property
Company owns the rights to all content in the Program such as texts in the forms of guides, books, explanations and the like, as well as other graphics, logos, images, downloads, and other like materials. Student’s participation in the Program does not transfer any intellectual property rights to Student. Company grants Student a single-use, non-exclusive, non-transferable, revocable license to any and all Program content. Student agrees to provide named credit for any derivative works of the content found in the Program.
Force Majeure
Company shall not be liable or responsible to Student, 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.
Independent Contractor
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. Company agrees only to provide Student with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
Severability
If any provision of this Contract shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Contract, and all remaining provisions shall continue in full force and effect.
Liability
Student agrees to absolve and does hereby absolve Company of any and all liability or loss Student may suffer or incur as a result of the use of the Program and/or any information and resources contained in the Program. Student agrees that 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 Program.
Warranty
Company makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program 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. 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.
Assignment
Student may not assign this Agreement without express written consent of Company.
Modification
Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.
Indemnification
Student agrees 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 Student’s use of or inability to use the Program and related services, any user postings made by Student, your violation of any terms of this Agreement or your violation of any rights of a third party, or Student’s violation of any applicable laws, rules or regulations.
Dispute Resolution
Student expressly waives any and all claims, now or in the future, arising out of or relating to the Program. To the extent Student attempts to assert any such claim, Student hereby expressly agrees to present such claim only in the small claims courts in Androscoggin County, Maine.
Last Updated: June 29, 2024
The terms “we,” “us,” and “our” refer to Donna Gilbert and Caliwynd Creates. The term the “Site” refers to caliwynd.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
The Terms and Conditions written on this webpage shall manage your use of this Site. By using this Site, you agreed to accept all terms and conditions written in here. You must not use this Site, if you disagree with any of these Terms and Conditions.
Minors or people below 18 years old are not allowed to use this Site.
Donna Gilbert and/or its licensors own all the intellectual property rights and materials contained in this Site, unless otherwise indicated. You are granted limited license only for purposes of viewing the material contained on this Site.
You are specifically restricted from all of the following:
Certain areas of this Site are restricted from being accessed by you. Donna Gilbert may further restrict access by you to any areas of this Site, at any time, in absolute discretion. Any user ID and password you may have for this Site are confidential and you must maintain confidentiality, as well.
In these standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Site. By displaying Your Content, you grant Donna Gilbert a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Donna Gilbert reserves the right to remove any of Your Content from this Site at any time without notice.
This Site is provided “as is,” with all faults, and Donna Gilbert expresses no representations or warranties, of any kind related to this Site or the materials contained on this Site. Also, nothing contained on this Site shall be interpreted as advising you.
In no event shall Donna Gilbert, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Site whether such liability is under contract. Donna Gilbert, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Site.
You hereby indemnify to the fullest extent Donna Gilbert from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Donna Gilbert is permitted to revise these Terms at any time as it sees fit, and by using this Site you are expected to review these Terms on a regular basis.
Donna Gilbert is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms constitute the entire agreement between Donna Gilbert and you in relation to your use of this Site, and supersede all prior agreements and understandings.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed to the person listed below:
NAME: Donna Gilbert
EMAIL: info@caliwynd.com
These Terms will be governed by and interpreted in accordance with the laws of the State of Maine, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Maine for the resolution of any disputes.
Last Updated: June 29, 2024