The following terms (“Terms of Use”) constitute an agreement between Uplands Media, LLC, a Colorado limited liability company (“Uplands Media”), and the user (“You”) that governs Your use of this website and all of its associated services, content and functionality. This policy applies to the website administered by Uplands Media, located at http://www.marniecraycroft.com and http://courses.marniecraycroft.com (“Website”). Uplands Media offers the following for purchase: downloadable lesson documents (“Downloadable Documents”) and online courses (“Courses”) (collectively, the “Products”).

Your use of the Website constitutes Your acceptance of, and agreement to the following Terms of Use. Uplands Media reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If You do not agree with or do not accept any part of these Terms of Use, You must not use the Website or purchase the Products.

Your Responsibility

The Products were developed strictly for educational purposes. You understand and agree that You are fully responsible for Your use and results from the Products. Uplands Media makes no representations, warranties, or guarantees. You understand that results may vary from person to person. You understand that Uplands Media is not responsible for Your results or any expenses that You may incur as a result of Your purchase. Uplands Media assumes no responsibility for errors or omissions that may appear in the Products.

Purchase Policies – Downloadable Documents

All Downloadable Documents are delivered virtually, through hyperlinks to the purchased items. You will receive links on your confirmation purchase page and via email to the email that You use during registration. We reserve the right to limit the number of times that any Downloadable Documents may be downloaded. Please save all Downloadable Documents after downloading to ensure that You will have continued access to the products.

All Downloadable Documents are in either a Microsoft Office or PDF format. We are not able to deliver these forms in alternate formats. You may personally reuse the Downloadable Documents without restriction. Uplands Media grants You a non-exclusive, non-transferable right to use the Downloadable Documents You purchased. You shall not license, sublicense, sell, resell, transfer, assign, distribute, other otherwise make available this Downloadable Documents to any third party, other than the signatory of any purchased agreement or an attorney if you are seeking legal advice.

No refunds are available on Downloadable Documents. If You experience an issue with your Downloadable Documents, please email support@marniecraycroft.com and we will respond to you within two business days.

Purchase Policies – Courses

All Courses are provided through downloadable content and video content that are hosted by Uplands Media at Courses With Marnie. Course content is available only to those who have enrolled in the Course.

Course Refund Policy

We want You to be satisfied with Your purchase and offer a 30-day refund period for Course purchases. However, in order to qualify for a refund, You must demonstrate Your participation and Your application of the principles taught within the Course.

To request a refund, You must email support@marniecraycroft.com by 11:59 PM Pacific Time by the 30th day following Your purchase with Your request for a refund. With that email, You must verify that You completed all modules within the Course.

After 30 days, Your purchase is non-refundable and You are responsible for payment of all fees.

Ownership of Materials

All original materials provided by Uplands Media as part of the Products are owned by Uplands Media. Any original materials are provided for Your individual use only. You are not authorized to use or transfer any of Uplands Media’s intellectual property. All intellectual property remains the property of Uplands Media. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. Uplands Media will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

Use of the Website

Unless otherwise stated, Uplands Media owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for Your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

  • Republication of content from the Website, unless content is specifically and expressly made available for republication;
  • Sale, rental, or sub-license of any content from the Website;
  • Reproduction or duplication of any content on the Website for commercial purposes;
  • Modification of any content on this website, unless content is specifically and expressly made available for modification;
  • Redistribution of any content of the Website, unless content is specifically and expressly made available for redistribution.

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Uplands Media’s intellectual property rights. Such use is a limited license to republish the content, with full credit to Uplands Media.

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Uplands Media’s express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications.

You must not use the Website for any third-party marketing without Uplands Media’s express written permission.

Copyright

Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Uplands Media or third parties and are protected by United States and international copyright laws.

Grant of Rights

You grant Uplands Media a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content You contribute to the Website. This includes, but is not limited to, text, images, audio material, video material and audio-visual material. This license extends to all known and future media. You also grant Uplands Media the right to sub-license these rights and the right to bring an action for infringement of these rights.

Equitable Relief

You acknowledge and agree that in the event of certain breaches of the Terms of Service, Uplands Media may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, You agree that Uplands Mediashall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.

Prohibited Content

Any content You contribute to the site, including, but not limited to text, images, audio material, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against You or Uplands Media or a third party. Uplands Media reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Uplands Media’s servers; or, (iii) hosted or published on the Website. Uplands Media takes no responsibility and assumes no liability for any content posted by You or any third party.

Notwithstanding Uplands Media’s rights under the Terms of Use, Uplands Media does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

Communication – Electronic Notice

If You send Uplands Media an email, register to use the Website, or provide your email to Uplands Media in any other way, You consent to receive communications from Uplands Media electronically. You agree that all legal notices provided via electronic means from Uplands Media satisfy any requirement for written notice.

Third Parties

The Website contains links to third-party websites that are not governed or controlled by Uplands Media. You represent and warrant that You have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to Your use of the Website. Uplands Media assumes no control or liability over the content of any third-party sites. You expressly hold harmless Uplands Media from any and all liability related to Your use of a third-party website.

Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Website, You must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked on the Website, You expressly hold Uplands Media harmless from any and all liability in any dispute.

No Warranties

The Website and Products are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Uplands Media makes no representations or warranties in relation to the Website, the Products, or the information and materials provided therein.

Uplands Media makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Uplands Media is not responsible to you for the loss of any content or material uploaded or transmitted through the Website.

Limitation of Liability

UPLANDS MEDIA WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to defend, indemnify and hold Uplands Media, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Uplands Media suffers as a result of third-party claims based on: (i) Your negligence or intentional misconduct, (ii) Your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by You including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, Your obligations hereunder.

Miscellaneous

The Terms of Use will be governed and construed in accordance with the laws of the State of Colorado. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Boulder, Colorado.

The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. The Terms of Use may not be assigned by you without Uplands Media’s prior written consent, however, the Terms of Use may be assigned by Uplands Media in its sole discretion. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Uplands Media. The Terms of Use may not be altered or modified except by prior written agreement by the parties. All notices with respect to the Terms of Use must be in writing and may be via email to support@marniecraycroft.com for Uplands Media and to your email address.