Terms & Conditions
Terms and Conditions
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.amberpetty.com website (the "Service") operated by Amber Petty ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Links to Other Websites
Our Service may contain links to third party web sites or services that are not owned or controlled by Amber Petty.
Amber Petty has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Amber Petty shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
Amber Petty may terminate or suspend your access to the Service or Programs immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including Client becomes disruptive to the Company or other Program participants, if Client fails to follow the Program and Slack Community guidelines, or if Client otherwise violates this Agreement, including but not limited to a breach of the Terms. Client shall not be entitled to a refund of any portion of the Service or Program fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification + Resolution of Disputes
You agree to defend, indemnify and hold harmless Amber Petty and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Los Angeles, CA.
Limitation Of Liability
In no event shall Amber Petty, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service or Programs is at your sole risk. The Service and Programs are provided on an "AS IS" and "AS AVAILABLE" basis. The Service and Programs are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Amber Petty its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service and Programs are free of viruses or other harmful components; or d) the results of using the Service and Programs will meet your requirements.
Client understands Amber Petty (herein referred to as “Consultant”) and Amber Petty, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of the Program. If the Parties wish to continue their relationship, they shall execute a separate agreement.
Terms of Participation
Please READ carefully. By purchasing Amber Petty’s products, services, programs, or courses, the following Terms and Conditions are entered into by Amber Petty, LLC (“Company”, “we”, or “us”) and You (“Client” or “You”) agree to the follow terms stated herein.
Program/Service
Amber Petty (herein referred to as “Amber Petty” or “Company”) agrees to provide Program, “Freelance Writing for Creatives” (herein referred to as “Program”) identified in online commerce shopping cart. As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
As part of the Program, the Company shall provide the following to Client:
A Password Protected Program Area: The Company shall maintain a Program Area that will include video, audio and written lessons, templates, worksheets, checklists, slide decks and other training and support information. You shall have access to this Program Area for as long as the Program Area exists, however no less than 14 days. In the event that the Company intends to close the Program Area, it shall provide Clients with a 30-day notice and the ability to download the resources contained in the Program Area. Periodically, the Company will make updates to the core program which is what is referred to as “Lifetime Access” in our marketing materials.
Program Participant Slack Community: The Company shall create and maintain a private Slack Community for students of the Program (“Freelance Writing for Creatives”). The Program Community shall be open from the announced start date of the Program. This is a community run group, meaning that students are encouraged to help each other. Amber Petty will conduct live Question and Answer sessions twice a week inside the Slack Community. At the completion of Client’s 8 weeks of access to this Slack Community, Client will be removed from the group members area.
From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year.
Fees
In consideration of Your access to the Program, you agree to pay the following fees:
You may choose between a single payment of $649 (due immediately) or 4 monthly payments of $175. If you select a payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following 4, depending on your chosen payment plan, on a monthly basis, for a total payment of $700 (4 monthly payments of $175). If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, Amber Petty shall immediately suspend your access to the Program.
Methods of Payment + Refund Policy
Currently, Amber Petty’s templates and coaching packages are not eligible for refunds. If you elect for a payment plan as part of Amber Petty’s programs, you hereby authorize Amber Petty to charge your credit card or debit card automatically according to the terms set forth when signing up for the program.
Regarding recurring payments and outstanding invoices: If all eligible payment methods Amber Petty has on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your program access will be removed.
If you do not request a refund within the 14-day refund term of the program, you are required by law to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorize Amber Petty (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method Amber Petty has on record for your account.
We want you to be satisfied with your purchase, but we also want you to give your best effort to apply the strategies within the program. Amber Petty provides a no questions asked, 14-day money-back guarantee for the program.
In the event that you decide the program is not a fit for you within 14 days of purchase, contact amber@amberpetty.com by the 14th day at 4:59 pm PST and let us know you’d like a refund. After day 14, all payments are non-refundable and you are responsible for the full payment of any payment plans.
Please note: If you opted for a payment plan and you do not request a refund within 14 days, you are required by law to complete the remaining payments of your payment plan.
If you receive a refund through this money-back guarantee, that shall immediately terminate any and all licenses granted to you to use the material provided to you under this Agreement and Amber Petty’s Terms of Use. 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.
All refunds are discretionary as determined by Amber Petty. To further clarify, we will not provide refunds for requests made after the 14th day at 4:59 pm PT from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
If you have any questions or problems, please let us know by contacting us.
Confidentiality
The Company respects the privacy of its clients and will not disclose any information you provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect Amber Petty’s confidential information.
Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.
Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to you in the Program with anyone other than the Company, its owners and employees, and other Program participants.
No Transfer of Intellectual Property
All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
Your participation in the Program does not result in a transfer of any intellectual property to you, and, as a condition of participation in the Program, you agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.
The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate Amber Petty’s intellectual property rights, your access to the Program and Slack Community will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
Independent Contractor Status
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
Force Majeure
The Company shall not be liable or responsible to Client, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Severability/Waiver
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Miscellaneous
Client agrees to absolve and does hereby absolve Amber Petty of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. Client agrees that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.
The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.
Assignment
Client may not assign this Agreement without express written consent of Company.
Minimum Guarantees
Unless otherwise noted, all products come with a 14-day guarantee. Longer conditional guarantees may apply, so check the sales material at the time of your order for details. If you do not understand or agree with any of these conditions, please do not order this material.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion. All modifications shall be posted on Amber Petty’s website and purchasers shall be notified..
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us at amber@amberpetty.com