Rebecca Kase Author and Speaker, LLC

Terms of Purchase

These Terms of Purchase ("Terms") govern your access to and use of any goods, materials, services, records, information, data, and all other components therein (collectively, “Product”) provided by Rebecca Kase Author and Speaker, LLC’s ( “us,” “our,” “we”) website located at RebeccaKase.com (“Website”). Your access to and use of the Product is conditioned on your acceptance of and compliance with these Terms. Please read these Terms carefully. 

1. Terms. 
1. By purchasing the Product, you agree to be bound by these Terms. If you are dissatisfied with the Product or these Terms, you agree that your sole and exclusive remedy is to discontinue your use of the Product. 
2. If you are under eighteen (18) years of age, you are prohibited from using the Website without adult supervision. We may request additional information to verify such permission and the identity of a parent or legal guardian, via email, including for the purpose of security, data privacy, and fraud prevention. Parents or legal guardians are at all times responsible for any and all activity conducted on a minor’s account. Parents or legal guardians should have their legal name listed on any financial account used for buying and selling, and minors should be listed as an authorized user on such account. Please note, some features of the Website or Product may not be available to users under the age of eighteen (18), even with parent or legal guardian permission.
3. You acknowledge and accept that your purchase of the Product is at your sole risk. You represent you have the legal capacity and authority to accept these Terms, and you understand that some of these Terms may not apply to you but all the Terms are nonetheless binding. We reserve the right to modify or discontinue the Product at any time. We reserve the right to change or terminate these Terms at any time and from time to time without any notice to you. Any such changes are automatically made part of these Terms and are fully enforceable on you.
   
   
2. Ownership. The Product is our owned or appropriately licensed property including, without limitation, video, toolkits, workbooks, audio, photographs, images, illustrations, animations, logos, tools, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Product. The Product is protected by copyrights, trademarks, service marks, trade secrets, and/or other proprietary rights and laws, including all intellectual property rights whether or not those rights are registered. We reserve all applicable rights in and to the Product. 

1. Prohibitions. You may not: (a) reverse engineer, decompile, tamper with, or create derivative works of the Product; (b) change, modify, or alter the Product ; (c) circumvent any protections that are a part of the Product; (d) use the Product for any illegal purpose; (e) use the Product to violate any legal right of any third party; (f) duplicate, reproduce, publish, publicly display, distribute, or create derivative works of the Product through any means, except as provided for herein; (g) use or allow the use of the Product for the purposes of artificial intelligence and machine learning algorithm training; (h) transfer the Product to any other person or “mirror” the Product on any other website, service, or platform; or (i) rent, lease, sell, assign, transfer, or sub-license the Product or any portion thereof for any purpose.

1. Maintenance. We do not have any obligation to furnish any maintenance or support services with respect to the Product.

1. Use. The Product is protected by applicable law, including copyright law, and you are explicitly advised that any use of the Product in violation of the law is prohibited. You may use the Product, and you may download only one copy of the Product, for your own personal or internal business purposes. The Product may not be modified, duplicated, reproduced, transmitted, sold, or otherwise exploited for commercial use, except as otherwise provided for herein. Any unauthorized duplication, reproduction, performance, display, distribution, or derivative works of any copyrighted content not owned, or duly licensed, by you is against the law. Use of the Product for any purpose not expressly provided for herein is prohibited. You may not remove any copyright notices or other proprietary notations from the Product.

1. Sale Terms. In the event you choose to purchase the Product, the following terms and disclaimers apply:
1. Transaction. You understand and acknowledge that you may purchase the Product through the Website, subject to those specific terms dictated by the details of such Product, with each purchase being a “Transaction.” 
2. Review. You will be bound by any displayed terms in connection with the Product upon entering into a Transaction. You are responsible for reviewing the Product prior to purchase, as well as all terms, pricing, rights, and limitations set forth by us in connection with the Product. 
3. Payment. You warrant that if you enter into a Transaction, then you shall, and will be able to, make full and immediate payment for the requested Product(s).
4. Listed Prices. All prices in connection with the Products will be listed at the time of purchase. All prices are subject to change or discount by us at any time, at our sole discretion.
5. Order Cancellation. We reserve the right to refuse or cancel any Transaction. In such event, your sole recourse will be the return of amounts paid by you related to such Transaction (if any).
6. Payment by Credit Card. You authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. If you are paying by credit card, you authorize the third party to charge your credit card for all fees, together with all applicable taxes or other duties or levies, payable at the time of purchase. 
7. Offerings Subject to Change. The specific Products made available through the Website are subject to change by us at any time, at our sole discretion.
8. No Refunds. You recognize and agree that you shall not be entitled to a refund for any Transaction under any circumstance. All sales are final and we do not offer any money-back guarantees.

1. Third Party Sites. The Website and Products may contain (or may send you through or to) links to non-Website websites and/or software (“Third Party Sites”). We are not responsible for such Third Party Sites or for any content posted on, available through, or installed from such Third Party Sites. Inclusion of, linking to, or permitting the use or installation of such Third Party Sites does not imply approval or endorsement thereof by us. We shall have no responsibility or liability whatsoever for any Third Party Sites accessed through use of the Website or Products. Your use and interaction with Third Party Sites may be subject to separate terms and conditions of such Third Party Sites. If you access Third Party Sites, you must comply with the terms and conditions that apply. 

1. Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Product, with or without notice and for any reason, including breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to the Product and reporting you to the proper authorities. Any part of these Terms intended to apply following termination will so apply. 

1. Disclaimer of Warranty. The Product is provided “as is,” with all faults and without warranty of any kind. We hereby disclaim all warranties with respect to the Product either express, implied, or statutory, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights. We do not warrant, guarantee, or make any representations that the Product is reliable, secure, or accurate, that the Product will meet your needs or requirements, that the Product will be available at any particular time or location, that any defects or errors will be corrected, or that the Product will be free of viruses or other harmful components. You use the Product at your own risk. No oral or written communications from us shall create a warranty or in any way increase the scope of these Terms and you may not rely on any such communications. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consumer rights so some exclusions or limitations may not apply to you, but they shall apply to the maximum extent permitted by law.

1. Limitation of Liability. You hereby agree that we, along with our subsidiaries, affiliates, and assigns, and each of their directors, officers, agents, contractors, partners, and employees, shall not be liable to you or any third party for any indirect, special, consequential, or incidental damages including but not limited to damages for loss of funds or property, business interruption, loss of business opportunity, loss of data, injury, death, or any other hardship, damages, or losses arising out of or related to: the use or inability to use the Product, however caused; unauthorized or accidental access to or alteration of data; statements or conduct of any third party; or any matter relating to the use of the Product; and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain remedies or damages so some exclusions and limitations may not apply to you, but they shall apply to the maximum extent permitted by law. 

1. Indemnification. You do hereby indemnify and hold us and our directors, owners, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of these Terms or in connection with any use of the Product including, but not limited to, any damages, losses, or liabilities whatsoever with respect to or arising from the possession, use, or operation of the Website or Product.

1. Severability. If any provision of these Terms is found unenforceable or illegal, we may reform such provision to make it enforceable and legal or such provision may be severed and in either case these Terms with such provision reformed or severed will remain in full force and effect to the fullest extent permitted by law. Our failure to enforce any part or portion of these Terms shall not be considered a waiver.

1. Dispute Resolution. We hope to address all of your concerns through good faith negotiation and ask that you contact us at the address listed in the “Contact” section with any issues you may have regarding the Product or these Terms. Any dispute, controversy, or claim arising out of or related to these Terms, or the breach thereof, which cannot be resolved by good faith negotiation between the parties shall be settled by confidential binding arbitration by the American Arbitration Association in accordance with its Commercial Arbitration Rules in the State of Washington. Any resulting resolution may include the award of related fees and costs, including reasonable attorneys' fees, and may be entered in any court of competent jurisdiction. The prevailing party will be entitled to reimbursement of its reasonable attorneys’ fees and costs.

1. Controlling Law. These Terms shall be governed by the laws of the State of Washington and of the United States. Subject to the arbitration requirement above, all claims, legal proceedings, or litigation arising in connection with the Product will be brought solely in the courts located in Washington and you consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

1. Entire Agreement. These Terms constitute the entire agreement between you and us relating to the subject matter hereof and supersede all prior understandings, promises, and undertakings, if any, made orally or in writing with respect to the subject matter hereof. You may not assign any of these Terms. We may assign all or any portion of these Terms in our sole discretion. No modification, amendment, waiver, termination, or discharge of any portion of these Terms shall be binding unless executed and confirmed in writing by us. 

1. Contact. If you have any questions regarding these Terms, please contact:

Rebecca Kase Author and Speaker, LLC

[email protected]