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