TERMS AND CONDITIONS

These Terms and Conditions of Purchase (these “Terms and Conditions”) sets forth your rights and responsibilities for accessing the Trish Allison Photography Course website at www.trishallisonphotography.com. This document constitutes a legally binding agreement between Trish Allison Photography, LLC (“Company”) and other associated materials and sites linked hereto and operated or controlled by the Company, and you (“Client”) regarding your purchase of online course content, website content, and printable materials (herein referred to as the “Program” or “Program Materials”). Collectively, the Company and the Client may be referred to as the “Parties.” The Program shall be deemed to be incorporated herein by reference in addition to this website’s terms of use (the “Terms of Use”) and privacy policy (“Privacy Policy”). These Terms and Conditions, the Terms of Use, and the Privacy Policy are collectively referred to herein as the Agreement. In the event of any conflict between these documents with respect to Client’s purchase, these Terms and Conditions shall prevail over the Terms of Use; and the Terms of Use shall prevail over the Privacy Policy. By purchasing this product, Client agrees to the following terms as a condition of participation in the Program.

1. PAYMENT TERMS
Payment shall be made by credit or debit card.

2. REFUND POLICY
Due to the digital nature of this product, no refunds or exchanges can be provided. The information and material in this guide are copyrighted. Therefore, no part of the files included in your download, may in any form or by any electronic, mechanical, photocopying, recording, or any other means be reproduced, stored in a retrieval system, sold or transmitted without prior permission, or transferred to another individual. For any questions about this product before purchasing, please email us at [email protected]

3. INTELLECTUAL PROPERTY
Client agrees that the Program contains proprietary information and materials, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, and sound recordings, including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement embodied in the Program that are owned exclusively by the Company and/or its licensors and pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered.. Duplicating, sharing, or uploading any Program Materials, including to any sharing or social media sites, is considered stealing, and the Company will prosecute such misconduct to the fullest extent permitted by law.

The Company provides Client with the Program solely for their personal, noncommercial use, and Client agrees that they will not use any of the Program Materials in any way whatsoever except for use in compliance with this Agreement. Client will not use any Program Materials in a manner that constitutes an infringement of the Company's rights or that has not been authorized in writing by the Company. More specifically, unless explicitly authorized in this Agreement, Client may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Program Materials. Client may, however, from time to time, download and/or print one copy of individual pages of the Program Materials for their personal, noncommercial use, provided that they keep intact all copyright and other proprietary notices.

Please be aware that Client may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference the Company, the Program, or the Program Materials, or infringe on any of the Company’s or its licensors’ intellectual property in any way. Any material that Client creates should be focused on their business, not the Company’s. All copyrights, trademarks, and other intellectual property rights in and to the Program (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by the Company and/or its licensors, which reserve all of their rights, title, and interests in law and equity. THE USE OF THE PRODUCTS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND/OR ITS LICENSORS AND MAY SUBJECT CLIENT TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.

4. THIRD-PARTY MATERIALS AND WEBSITES
The Company may provide links to third-party materials and websites as a convenience to Client. These third-party materials and websites are not part of the Program, and they may be either withdrawn or terminated from the Program at any time without notice to Client and without any liability to the Company. Client agrees that they will be responsible for all payment and other obligations associated with their use of any and all third-party materials and websites. In addition, Client agrees that the Company is not responsible for examining or evaluating the content or accuracy of any third-party materials and websites, and the Company does not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services. Client further agrees that they will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that the Company will not be liable for Client’s improper use of third-party materials and websites.

5. DISCLAIMER
THE PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, WARRANTIES OF TITLE, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS. THE COMPANY HAS TAKEN REASONABLE EFFORTS TO ENSURE THAT IT ACCURATELY REPRESENTS ITS PROGRAMS AND ITS ABILITY TO HELP PHOTOGRAPHERS. HOWEVER, THE COMPANY DOES NOT GUARANTEE THAT CLIENT WILL GET ANY RESULTS OR EARN ANY MONEY USING OUR PROGRAM. NOTHING ON OUR WEBSITES OR IN OUR PRODUCTS IS A PROMISE OR GUARANTEE TO CLIENT OF FUTURE EARNINGS. CLIENT EXPRESSLY AGREES THAT THEIR USE OR INABILITY TO USE THE PROGRAM IS AT THEIR SOLE RISK. BY PURCHASING THE PROGRAM, CLIENT ACCEPTS, AGREES, AND UNDERSTANDS THAT CLIENT IS FULLY RESPONSIBLE FOR ANY PROGRESS AND RESULTS FROM PARTICIPATION AND THAT THE COMPANY OFFERS NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES (EXPRESSED OR IMPLIED) REGARDING EARNINGS, BUSINESS PROFITS, MARKETING PERFORMANCE, AUDIENCE GROWTH, OR RESULTS OF ANY KIND. CLIENT ALONE IS RESPONSIBLE FOR CLIENT’S ACTIONS AND BUSINESS. ANY STATEMENTS OUTLINED IN COMPANY’S PRODUCTS, WEBSITES, PROGRAMS, CONTENT, AND OFFERINGS ARE SIMPLY OPINIONS AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE.

6. GOVERNING LAW, DISPUTE RESOLUTION, AND VENUE
This Agreement shall be governed by and interpreted under the laws of the State of Minnesota. If any dispute, controversy or claim arises between the Parties with respect to this Agreement or any future amendment to this Agreement, the Parties will submit the matter for mediation before a mutually agreed upon mediator. If the Parties cannot agree on a mediator, the matter will be heard by a mediator appointed through the Minnesota Mediation Center or similar service if Minnesota Mediation Center no longer exists. If mediation does not result in agreement, the Parties agree to Minnesota state courts in Hennepin County, Minnesota, as the venue for any litigation regarding this Agreement, including the rights and obligations of any Party to this Agreement.

7. INDEMNIFICATION
Client will indemnify Company and hold it harmless from and against all claims, damages, losses and expenses, including reasonable fees and expenses of attorneys and other professionals, relating to any claim against Company or obligation imposed by law on Company, as a result of any acts of Client, Client’s Employees, Client’s Contractors, or Company’s services pursuant to this Agreement.

8. ATTORNEY FEES AND COSTS
Client accepts sole financial responsibility for any legal fees or related costs incurred by Company in enforcing the terms of this Agreement.

9. WAIVER
A waiver of any provision in a particular case must be in writing, signed by the waiving Party; a failure to exercise a Party’s rights in a particular case does not waive that Party’s rights for any other situation.

10. SEVERABILITY
If any provision of this Agreement is declared invalid or unenforceable, then that provision will be modified to one that is valid and enforceable and most closely carries out the intent of the initial provision, and all remaining provisions of this Agreement will continue in full force and effect.

11. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the Parties with respect to its subject matter and supersedes any and all other prior written or oral agreements and understandings between the Parties. No amendment or modification of this Agreement will be effective unless executed in writing and signed by both Parties.