TERMS AND CONDITIONS
BY VISITING DESIREEEAST.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
The terms “we,” “us,” "I," and “our” refer to DESIREE EAST STUDIOS. The term the “Site” refers to DESIREEEAST.COM. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
On DesireeEast.com we provide coaching programs for clients delivered via email, live events including webinars and screencasts, coaching clients about creative arts, personal development, and professional development, and offer digital resources available for purchase through online programs (the “Service”). (the “Service”).
Use of DesireeEast.com, including all materials presented herein and all online services provided by Desiree East Studios, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to creative arts, personal development, professional development, and other information are subject to change. Desiree East Studios makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Desiree East Studios disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Desiree East Studios will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATIONS, REFUNDS & RETURNS
If you are not 100% satisfied with your purchase within 10 days after purchase, we will fully refund the cost of your order, less a $15 cancellation fee. No refunds will be issued after that date.
CANCELLATION and REFUND POLICY FOR LIVE EVENTS:
Desiree East Studios reserves the right to cancel an event due to low enrollment or other circumstances which would make the event non-viable. If we cancel an event, registrants will be offered a full refund. Should circumstances arise that result in the postponement of an event, we have the right to either issue a full refund or transfer registration to the same event at the new, future date.
REGISTRATION CANCELLATION BY PARTICIPANT:
Unless specifically stated on registration materials, the deadline to receive a refund for your registration is 7 business days before the event. Registration cancellations received prior to the deadline may be eligible to receive a refund less a $15 service fee. Cancellations received after the stated deadline will not be eligible for a refund. Refunds will not be available for registrants who choose not to attend an event. Cancellations will be accepted in writing only and must be received by the stated cancellation deadline. All refund requests must be made by the attendee or credit card holder. Refund requests must include the name of the attendee and/or transaction number. Refunds will be credited back to the original credit card used for payment.
PRIVATE 1-on-1 COACHING SESSIONS
You may only cancel/re-schedule once if you have purchased a package of two or more 1-on-1 coaching sessions.
If you cannot attend a scheduled coaching session, please give at least 24 hours’ notice. The call will then be rescheduled for the next mutually beneficial time. There will be no refunds or rescheduling for any sessions cancelled with less than 24 hours’ notice.
I will always stay on the line up until 15 minutes after our scheduled start time. At that point, the session will not take place nor be refunded or rescheduled. Any sessions that start late but within that 15-minute window will end at the time that was previously agreed upon. If I ever miss a scheduled call without providing 24 hours’ notice, or if I’m late or unreachable for more than 15 minutes, it will result in a free make-up session.
You or Desiree East Studios can decide at any time to terminate our coaching relationship. In order to stop our sessions, you or I need to provide written notice via email at least 24 hours before our next scheduled session. There are no refunds for sessions that have already occurred.
If you do not utilize all sessions offered to you, no monies will be returned either partially or in full. Coaching sessions must be scheduled and redeemed within 90 days from start of program.
By participating in this consulting session over the phone/web, you acknowledge that, though I am a professional certified creativity coach, I am unable to conduct the extensive analysis that I would in an in-person setting. Therefore, the advice I provide during our consulting sessions is not intended nor implied to be a substitute for in-person professional advice. The information provided in the consulting session should not be considered a substitute for in-person evaluation by other professionals, for example, a doctor, therapist, nutritionist, business, career, or financial coach, to address your individual needs.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
NOT A SUBSTITUTE FOR MEDICAL ADVICE
The contents of this website, such as text, graphics, images, information, and other material contained on this website are for informational purposes only and does not render medical advice or professional services. The information provided through this website should not be used for diagnosing or treating a health problem or disease. It is not a substitute for professional care. If you have or suspect you may have a health problem, you should consult your health care provider.
NOT A SUBSITUTE FOR BUSINESS, CAREER OR FINANCIAL ADVICE
This website/blog/email series is an educational and informational resource for business owners. It is not a substitute for working with a business consultant or other professional. I cannot guarantee the outcome of following the recommendations provided and any statements made regarding the potential outcome are expressions of opinion only. I make no guarantees about the information and recommendations provided herein. By continuing to use/read/participate in this website/blog/email series you acknowledge that I cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within my control. Therefore, following any information or recommendations provided on this website/blog/email series are at your own risk. If you need business advice, you should hire a business consultant or other professional.
The complimentary advice provided herein is based on an abbreviated examination of the minimal facts given, not the extensive analysis I conduct when working with individual clients. Therefore, this advice is not a substitute for working with a Business Coach, Career Coach, or Finacial Coach. I cannot guarantee the outcome of following the advice provided and my statements about the potential outcome are expressions of opinion only. Following the advice provided is at your own risk. Consider hiring a Business Coach, Career Coach, Financial Coach, or other professional to assist you with this issue.
GROUP AND PRIVATE COACHING
By participating in/reading my coaching service/website/blog/email series, you acknowledge that I am not a licensed psychologist or health care professional and my services do not replace the care of psychologists or other healthcare professionals. Coaching is in no way to be construed or substituted as psychological counseling or any other type of therapy or medical advice. I will at all times exercise my best professional efforts, skills and care. However, I cannot guarantee the outcome of coaching efforts and/or recommendations on my website/blog/email series and my comments about the outcome are expressions of opinion only. I cannot make any guarantees other than to deliver the coaching services purchased as described.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Desiree East Studios. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Desiree East Studios remains yours to the extent that you have any legal claims therein. You agree to hold Desiree East Studios harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Desiree East Studios, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
I authorize you to use the following information relating to me: My picture – including photographic, motion picture, and electronic images. I hereby grant to you the right to use, publish, and reproduce, for all purposes pictures of me in film or electronic form, sound and video recordings of my voice, and printed and electronic copy of the information described above in any and all media including, without limitation, cable and broadcast television and the Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational conferences and in brochures and other print media. I further grant you all right, title, ownership and interest that I may have in all finished pictures, negatives, reproductions, and copies of the original print, and further grant you the right to give, sell, transfer, and exhibit the print in copies or facsimiles thereof, for marketing, communications, advertising or for any other purpose, as it deems fit. I also understand that Desiree East Studios is not responsible or liable in any way for photos that other participants post on social media or otherwise share or distribute as we have no control over others’ actions. Should I object to a photo of me being posted or shared by another participant, I understand that I need to contact them directly and ask him/her to remove or take down the image as Desiree East is not involved or responsible for that situation.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, DESIREE EAST STUDIOS IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF DESIREE EAST STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL DESIREE EAST STUDIOS’ CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM DESIREE EAST STUDIOS, AND IF NO PURCHASE HAS BEEN MADE BY YOU DESIREE EAST STUDIOS’ CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Desiree East Studios. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Desiree East Studios pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Desiree East Studios shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Desiree East Studios.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Desiree East Studios
P.O. Box 1888
Ventura, CA 93002
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Ventura County, California. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: MAY 2018