TERMS AND CONDITIONS
By checking the Terms of Service box and completing your purchase of a product (the “Product”) from Heather Bursch of shemadeitshemight.com, you agree that you have read, understood, and agree to the following Terms and Conditions of Use (these “Terms”). These Terms constitute a binding agreement between you and Heather Bursch, which governs your access to and use of the Product. Your access to and use of the Product requires compliance with these Terms.
EMAIL ADDRESS COLLECTION
By completing this purchase, you consent to join Heather Bursch’s She Made it, She Might email list through Kartra. You will receive regular communications such as weekly newsletters and occasional promotional offers. You can unsubscribe anytime at the bottom of the email or by emailing heather@shemadeitshemight.com. You agree that your email address and any other personal information you provide to Heather Bursch will be true, accurate, and complete, and you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if Heather Bursch suspects that your information is untrue or inaccurate, not current, or incomplete, Heather Bursch may, in its sole discretion, suspend or terminate your right to access the Product. You agree to provide Heather Bursch with such proof of your identity as it may reasonably request from time to time.
COPYRIGHT
The Product you are purchasing includes materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs, and graphics. You may view, download, print, email, and use materials from the Product for personal, noncommercial purposes only. You may not republish, reproduce, duplicate, copy, display, distribute, create a derivative work, or otherwise use any material from the Product for commercial purposes. Any reproduction or unauthorized use of any materials found in the Product shall constitute infringement. Your purchase grants you a single, limited, nonexclusive, non-transferable, non-sublicensable license to the specific materials that you have purchased (including free and paid content) for the term set forth for the applicable Product herein. All content you obtain through the Product is the property of Heather Bursch., and your license only allows for personal, noncommercial use solely by you.
DISCLOSURES
Heather Bursch has made reasonable efforts to ensure that all information in the Product has been tested for accuracy. Heather Bursch makes no guarantees regarding the results you will see from using the information provided in the Product.
Heather Bursch disclaims liability for incidental or consequential damages. It assumes no responsibility or liability for any loss or damage suffered by any person due to using the information provided in the Product. Heather Bursch assumes or undertakes no liability for any loss or damage suffered due to using any information found in the Product.
Heather Bursch has made reasonable efforts to ensure that all business information, including but not limited to any references to technology or business methodology, provided in the Product has been tested for accuracy. Everything provided in the Product is for informational purposes only.
YOUR RESPONSIBILITY
You understand and agree that Heather Bursch limits its liability in connection with your use of the Product as set forth herein. You agree not to hold Heather Bursch, its affiliates, or its or their agents, employees, officers, directors, shareholders, consultants, or advisors (collectively, the “Heather Bursch parties”) liable for any damages, expenses, losses, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, relating to your use of the Product. The Heather Bursch parties 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. Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you. If, notwithstanding the foregoing exclusions, it is determined that any of the Heather Bursch parties are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability, or otherwise, exceed the total fees paid by you to Heather Bursch during the six (6) months prior to the time such claim arose. The Heather Bursch parties are not responsible for any damage to your computer, hardware, computer software, or other equipment or technology, including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction. Your access to and use of the Product is at your own risk. If you are dissatisfied with the Product, your sole and exclusive remedy is to discontinue accessing and using the Product.
INDEMNITY
You agree to defend, indemnify, and hold the Heather Bursch Parties harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) that any Heather Bursch Party suffers as a result of (i) your use or misuse of or inability to use the Product; (ii) your negligence or intentional misconduct; (ii) your breach of any provision of these Terms; (iv) your violation of any applicable law or regulation; (v) your violation of the rights of a third party (including, but not limited to, other Participants); or (vi) death, personal injury, or property damage arising out of, or relating to, your use of the Product.
SHARING YOUR DIGITAL DOWNLOAD IS STRICTLY PROHIBITED
Sharing your digital download of the Product is strictly prohibited and will result in your access being immediately revoked, and your payment will be forfeited. You shall be liable for any and all resulting damages to Heather Bursch.
USE OF TESTIMONIALS
We follow the FTC’s rules surrounding endorsements and testimonials. As such, all endorsements or testimonials were received via text, audio, or video from a real person about their personal experience. Individual results may vary, and testimonials do not indicate that you will have the same or similar results.
CONFIDENTIALITY AND PRIVACY
Heather Bursch respects your privacy and insists you agree to respect the privacy of Heather Bursch and all other users of the Product (“Participants”). Any confidential information (“Confidential Information”) shared by the Participants or any Heather Bursch‘s representative is confidential, proprietary, and belongs solely and exclusively to the disclosing party. All Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions during discussions, in live sessions, or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other Participants. Both Parties will keep Confidential Information in the strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft. You agree not to violate Heather Bursch‘s publicity or privacy rights. Furthermore, you will not reveal any information to a third party obtained in connection with these Terms. In writing, you shall promptly notify Heather Bursch of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification,
MODIFICATIONS TO THE PRODUCT
Heather Bursch reserves the right to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice. You agree that Heather Bursch will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Product.
EQUITABLE RELIEF
You acknowledge and agree that in the event of certain breaches of these Terms, Heather Bursch 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 Heather Bursch shall be entitled to any equitable relief, including a decree of specific performance or injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.
REFUND POLICIES
Due to the digital nature of Heather Bursch’s products, all sales of courses (like our Make It Homemade) and the like are final. Heather Bursch does not provide any refunds for such products. However, we do want you to be satisfied with your purchase. All refunds are discretionary, as determined by Heather Bursch. If you have any questions or problems, please get in touch with our team directly at: heather@shemadeitshemight.com.
If you receive a refund of any purchase at the sole discretion of Heather Bursch, that shall immediately terminate any and all licenses granted you to use the material provided to you under these Terms. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including, without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
ACCESS MAY BE REVOKED AT ANY TIME
Heather Bursch reserves the right to revoke access to any Product at any time without providing a refund if purchased content has been copied or used in an unauthorized manner. This includes copying the concept or creating a competing product using the information learned from the Product. Heather Bursch reserves the right to pursue damages for the unauthorized use of downloaded materials.
HOW LONG DO I HAVE ACCESS?
You’ll have access to Make It Homemade through May 31, 2023. Having a specific time frame creates built-in accountability that pushes you to do the work.
CHANGES TO TERMS OF SERVICE
Heather Bursch may change, modify or update these Terms at any time without notice. Any access or use of the Product by you after Heather Bursch posts such changes shall constitute your consent to such modifications. If you have any questions or concerns about these Terms, contact heather@shemadeitshemight.com.