Terms Of Purchase Agreement
Updated Feb 11th, 2020
This Terms of Purchase Agreement (the “Agreement”), is made by and between Pretty Present™, (hereafter known as “Company”), and you (hereafter known as “Purchaser”, and collectively, the “Parties”).
By purchasing a Product (as defined below) from Company, Purchaser agrees to the following terms:
PRODUCT
Company provides various digitial goods, assset and pre-made branding kits (herein referred to as the “Product”). Purchaser agrees to abide by all policies and procedures as outlined in this agreement as a condition of their purchase. Purchaser’s purchase of the Product includes the ability to enter into agreements and/or make transactions electronically. PURCHASER ACKNOWLEDGES THAT THEIR PURCHASE CONSTITUTES THEIR AGREEMENT TO AND INTENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ANY RELATED AGREEMENT INCLUDING OTHER POLICIES AND CONTRACTS, AND TO PAY FOR PRODUCT.
REFUNDS
Due to the digital nature of the Product, and because instant access is granted as soon as the purchase is made, no refunds are offered. The Purchase may however still chose to cancel their order ONLY for a pre-made brandking kit. At this time, the refund will be 1/2 of the initial cost paid, minus a 25% post-production fee.
LEGAL CONSIDERATIONS:
• Monica Cevallos | Pretty Present remains the sole and exclusive owner and holder of the copyright of the sold works.
• Purchaser acknowledge that Pretty Present | Monica Cevallos does not make any representations or assurances of non-infringement and does not make claim to have received releases from any brands, designers, or manufacturers for use of products, registered trademarks, logos or intellectual property portrayed in the works. Purchaser also agree that neither Monica Cevallos nor Pretty Present shall be liable for any damages resulting from the use of any of the works provided. Pretty Present | Monica Cevallos shall not be liable for any claims related to, or resulting from, your use of the images, which may or may not have been modified by you, or combined with other content.
TRANSFER
Pruchasers may not under any circumstances transfer membership or login credentials to a third party – whether a client, customer, or business partner without previous written consent obtained directly from Pretty Present.
NO GUARANTEE/WARRANTY
Company sells Products ‘as is’ without warranty or guarantee of any kind, either express or implied, including no warranty as to merchantability or fitness for a particular purpose.
ASSUMPTION OF RISK.
Purchaser agrees to accept all risk associated with the use of any Product, including but not limited to, ingestion of or application to Purchaser’s person, the use of any Product personally or in business, all taxes and regulations applicable to any Product, all legal compliance issues related to any Product. Purchaser understands that the Company is disclaiming all liability from harm of any kind or nature caused directly or indirect from any Product.
INDEMNIFICATION.
Purchaser agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Purchaser’s action(s) under this Agreement or misuse of a Product. Purchaser agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Purchaser’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.
LIMITATION OF LIABILITY.
Purchaser agrees that the Company’s liability for any reason shall be no more than the total purchase price of the Product purchased.
DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to binding arbitration. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Eugene, Oregon. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction.
GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the province of Oregon, and of the United States of America, regardless of the conflict of laws principles thereof.
ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
SEVERABILITY.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
WAIVER.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
If you have any questions about these TPA’s, please contact us at info@prettypresent.com