By clicking “Enroll,” “Enroll Now,” “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Customer” or “You”) agree to be provided with the requested Service by Robin’s Roost LLC (the “Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:
1. TERMS.
A) Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to provide products, services, and experiences (“Services”) in accordance with the Product you have selected.
B) The scope of the Services rendered by the Event Creator pursuant to this contract shall be solely limited to those contained therein and/or provided for on Event Creator’s website at https://www.maryrobinettekowal.com.
C) You are responsible for providing the correct contact information and for your own success and implementation of objectives met.
D) You agree not to share login information, ticket, information received, recordings received, or attendance with other third-parties. If another person wishes to gain this information, they may enroll separately in the Service.
E) The Services includes the inclusions offered on the Company’s website at https://www.maryrobinettekowal.com.
F) The Company reserves the right to substitute inclusions equal to or comparable to the Service description, if reasonably required by the prevailing circumstances.
2. PAYMENT AND REFUND POLICY.
A) Upon execution of this Agreement, if the Service has a cost associated with it (such as a book or an online writing course), the Customer agrees to pay to the Company the full purchase amount.
B) If Customer would like to request a refund, contact the Company at assist@maryrobinettekowal.com. A refund may be issued (full or partial or none), and the Company reserves the right to withhold the processing fee.
C) Each Party hereto acknowledges that the Company will charge the credit card chosen by the Customer for a paid service or good.
3. DISCLAIMERS.
A) By participating in the Event, Customer acknowledges that the Company does not guarantee outcomes of Services. Any testimonials or examples shown through the Company’s website are real and true, but they are only examples of what may be possible for Customer.
B) There can be no assurance as to any particular outcome based on the use of information or experience gained from the Company. Customer acknowledges that the Company does not make any representations as to a future outcome of any kind that may be derived as a result of use of the Company’s website, events, courses, products, or services.
C) The Company’s staff and instructors may provide the Customer with information relating to products that they believe might benefit the Customer, but the Company is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information provided. The Customer is responsible for using their own discretion.
D) The Company’s staff and instructors may provide Customer with third-party recommendations. Customer agrees that these are only recommendations and the Company or its representatives will not be held liable for the services provided by any third-party to the Customer. The Company and its associates are not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
4. INTELLECTUAL PROPERTY RIGHTS.
A) In respect of the classes, events, and resources provided as Services, the Company and/or Mary Robinette Kowal maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property to the Customer, nor grant any right or license other than those stated in this Agreement. The Company reserves the right to immediately remove Customer from the Service, prevent Customer from purchasing future Services, and/or pursue legal action if Customer is caught violating this intellectual property policy.
5. NON-HARASSMENT.
Neither Customer nor any of Customer’s associates, employees, friends, family members, or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any harassing or stalking remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise towards the Company or its associates.
6. GOOD FAITH.
Each Party represents and warrants to the other that such Party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
7. DISCLAIMER OF WARRANTIES.
The information and education provided to the Customer by the Service and participating individuals under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
8. LIMITATION OF LIABILITY.
By using Company’s Services, Customer accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Customer agrees that the Company and its associates will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Service. Customer agrees that use of Services is at their own risk.
Additionally, Company is not liable for damages in connection with (I) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (II) loss of revenue, anticipated profits, business, savings, goodwill or data; and (III) third party theft of, destruction of, unauthorized access to, alteration of, or use of Customer’s information or property. In those areas that do not allow the exclusion or limitation of liability for the damages, Company’s liability is limited to the fullest possible extent permitted by law. In no event shall Company’s cumulative liability to Customer exceed $100 USD.
9. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee regardless of the conflict of laws principles thereof. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
10. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the Parties, whether written or oral.