Terms + Conditions
Last Updated on AUGUST 12TH, 2020
Terms and Conditions of Use for PECAN STREET COOKIE COMPANY, LLC
NOTICE: These Terms and Conditions of Use are legally binding. It is Your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of Our products, including online courses and digital products.
This website is owned and operated by PECAN STREET COOKIE COMPANY, LLC, a TEXAS company. Our principal place of business is located in Austin, Texas.
You must be at least sixteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
INTELLECTUAL PROPERTY NOTICE
All images, text, designs, graphics, trademarks, and service marks are owned by and property of PECAN STREET COOKIE COMPANY, LLC, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.
Access Our digital products or intellectual property for Your individual use only; Download and/or print any of Our intellectual property or digital products/resources/materials for Your individual use in Your business; Use Our copyrighted materials with Our prior written consent and proper credit and marking, namely, citing ©Pecan Street Cookie Company, LLC as the source of the materials.
You may NOT:
Re-sell or trade/share Your access to any of Our digital products or intellectual property; Share Our digital products or intellectual property with anyone else who has not yet purchased it or opted to receive it; Republish any of Our digital products or intellectual property, in part or whole; Distribute any of the materials contained in Our digital products, intellectual property, related materials and/or communications as Your own; Reproduce and/or alter any part or whole of Our digital products or intellectual property for distribution as Your own work; Claim ownership or use over any of Our intellectual property without Our prior written consent, which includes (but is not limited to): copyrights such as designs, reference materials, digital products of any type, worksheets, videos and more; trademarks such as names, logos, taglines or other unique source identifiers; or trade dress including the look and feel of the digital products (and its related communications and materials); Use Our digital products, intellectual property or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
Request for Permission to Use Content: If You wish to use, publish or refer to any of Our content, digital products, intellectual property or related materials, You must do so by requesting permission prior to commencing use of the same by emailing Us at email@example.com. Permission is not granted until You receive such permission in writing.
Civil and Criminal Penalties: Even though Our digital files and related materials are not physical property, You can be charged with theft or other face civil or criminal penalties if You copy, steal, infringe or otherwise violate these Terms. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Texas by opting into or purchasing any digital product or accessing its related communications and/or materials.
Your Materials and Contributions: By submitting a comment, photo, video or other material(s) onto any website or platform owned or maintained by Us, including but not limited to the online software platforms that We use to distribute Our physical and digital products and their related materials, You agree that We have a non-revocable, commercial license to republish Your submission in whole or in part unless You explicitly state that We may not do so with said submission. You have no right to privacy by accessing Our physical or digital products or related materials, and We reserve the right to disclose Your participation in the same.
Notification of Use: We are not obligated to notify You or anyone of Our use in Our own publications of photographs or other images that You submit to Us by default or voluntarily.
SECURITY + ASSUMPTION OF RISK
It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as INTUIT, STRIPE, or SHOPIFY. By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
ASSUMPTION OF RISK
By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses, or the materials contained herein.
This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us at firstname.lastname@example.org.
THIRD PARTY DISCLAIMER
You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.
WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
We make reasonable efforts to provide you with modern, reliable technology, software and platforms from which to access our digital content and related material(s). However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third party provider.
ERRORS AND OMISSIONS
This website is updated on a regular basis, and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up-to-date. If you should see any errors or omissions and would like to let us know, please notify us at email@example.com
INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).
LAW AND JURISDICTION
ALL RIGHTS RESERVED