Terms and Privacy Statement for “Your Guide to Creating aKiller Case Study-Even If You Don't Have Data”

This Agreement (“Agreement”) is made effective by and between  SWPR Group (the “Company”), and user of the digital product  (hereafter “Client”), for the purpose of Client downloading a digital  ebook from Company’s online site (the “Product”). Client agrees to  the terms and conditions below by checking the box in the online  site or by clicking submit to download the Product. 

1. Digital Product Usage 

After downloading the digital product, Client will be given access  to the product materials through a download format to Client’s  device and/or ConvertKit platform. Client will have access to the  materials so long as the product(s) is/are available. 

Company hereby grants to Client one (1) exclusive, non sublicensable, non-transferable, license to use the Product. Client  understands and agrees that the Product materials may not be  shared with any third party. In the event Company suspects that  the Product is being shared with another party, Company reserves  the right to immediately terminate Client’s access to the Product. 

Client may use the Product for their own personal use and  business use. Client is obligated to tag or give credit to Company  for the copy in the Product they uses, posts, or shares. 

2. Fees & Payment Processing 

In consideration for access to the Product provided by Company,  Client agrees to provide the Company with an active email  address for future emails regarding products, services, and events.  No form of payment methods from the Client is collected to  download ebook product. Client reserves the right to unsubscribe at any time. 

3. Refund Policy 

Due to the nature of digital products being immediately  accessible at no cost upon downloading, no refunds of any fees or  other amounts in connection with the Product will be allowed  under any circumstances. 

4. Personal Information 

By downloading the Product, Client will be asked to provide  personal information including their name, email address,  Organization and title. Client agrees to allow Company access to  this personal information for all lawful purposes. Client is  responsible for the accuracy of the identifying information,  maintaining the safety and security of their identifying  information, and updating Company on any changes to their identifying information. 

The information provided to Company by Client will be kept  secure and is subject to the same confidentiality and accuracy  requirements as Client’s identifying information indicated above.  Providing false or inaccurate information, or using the Product for  fraud or unlawful activity, is grounds for immediate termination  from the Product. 

5. Copyright 

All rights reserved. No part of this publication may be reproduced  or transmitted in any form or by any means, electronic or  mechanical, including photocopying, recording, or an information  storage and retrieval system, without written permission. 

For information about permission to reproduce selections from  this guide, contact Sarah Williamson.

6. Warranties and Liability 

Company makes every effort to ensure that the Product is  accurate and fit for the use of Company’s customers. However,  Company takes no responsibility whatsoever for the suitability of  the Product, and Company provides no warranties as to the  function or use of the Product, whether express, implied or  statutory, including without limitation any warranties of  merchantability or fitness for particular purpose. Client agrees to  indemnify Company against all liabilities, claims, demands,  expenses, actions, costs, damages, or loss arising out of Client’s  breach of these terms and conditions. Company shall not be liable  to Client or any third party for consequential, indirect, special or  exemplary damages including but not limited to damages for loss  of profits, business or anticipated benefits whether arising under  tort, contract, negligence or otherwise whether or not foreseen,  reasonably foreseeable or advised of the possibility of such  damages. 

7. Force Majeure 

If the performance of this Agreement or any obligations  hereunder is prevented, restricted or interfered with by reason of  earthquake, fire, flood or other casualty or due to strikes, riot,  storms, explosions, acts of God, death of him/herself or a family  member, war, terrorism, or a similar occurrence or condition  beyond the reasonable control of the parties, the party so affected  shall, upon giving prompt notice to the other party, be excused  from such performance during such prevention, restriction or  interference, and any failure or delay resulting therefrom shall not  be considered a breach of this Agreement. 

8. Guarantees 

Company does not make any guarantees as to the results, including financial or other personal gains, of Client’s use of the  Product. Client agrees to take responsibility for Client’s own results  with regard to using the Product. 

9. Release & Reasonable Expectations 

Client has spent a satisfactory amount of time reviewing  Company’s business and has a reasonable expectation that  Company’s Product will produce different outcomes and results  for each Client. Client understands and agrees that: 

▪ Every client and final result using the Product is different;

▪ The Product is intended for a mass audience. 

10. Entire Agreement 

This is a binding Agreement that incorporates the entire  understanding of the parties, supersedes any other written or oral  agreements between the parties, and any modifications must be  in writing, signed by both parties, and physically attached to the  original agreement.  

11. Venue and Jurisdiction 

The laws of the State of Oregon shall govern this contract, and any  resulting arbitration shall take place within Deschutes County,  Oregon. Both parties assume responsibility for all collection costs  and legal fees incurred should enforcement of this Agreement  become necessary. 

12. Mediation and Arbitration 

Any and all disputes or disagreements rising between the parties  out of this Agreement upon which an amicable understanding  cannot be reached, shall be decided first by mediation, and if  mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The  parties agree to be bound by the decision of the arbitrator(s). The  arbitration proceeding shall take place in Deschutes County,  Oregon, unless another location is mutually agreed to by the  parties. The cost and expenses of the arbitrators shall be shared  equally by the parties. Each party shall be responsible for its own  costs and expenses in presenting the dispute for arbitration. 

13. Transfer 

This agreement cannot be transferred or assigned to any third  party without written consent of both parties.  

14. Severability 

In the event that any part of this Agreement is found to be invalid  or unenforceable, the remainder of this Agreement shall remain  valid and enforceable. Any failure by one or both parties to enforce  a provision of this Agreement shall not constitute a waiver of any  other portion or provision of this agreement.