Terms of Use: Design Shop

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By checking the box next to this Terms of Use, and clicking the “Purchase” button, you (hereinafter “Client”) agree and willingly purchase a template or other digital product or service through the Design Shop with services rendered by Courtney Marie LLC, doing business as Courtney Marie & Co. (hereinafter “Designer”), and you agree you are voluntarily entering into a legally binding Agreement, inclusive of the following terms and conditions mutually agreed upon: For good and valuable consideration, Client is electing to purchase one or more digital templates from Company (hereinafter “Template”). In exchange, Designer agrees to provide the template(s) as outlined on the sales page.

1. Program Outline:

A. Client agrees and understands that he/she is purchasing a DIY digital template meant for use through the Kajabi platform, or as otherwise noted in the Design Shop. Client understands this is a completely digital product, with no additional services or 1:1 assistance from Company. Client will purchase template and have access to it immediately, where he/she can edit accordingly and plug in to his/her Kajabi platform. Kajabi is not included with purchase of Template.

B. Client acknowledges that he/she has conducted any additional research necessary to feel he/she understands what is being provided as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Designer’s website.

2. Non- Disclosure

A. Following Client’s purchase, Client will have gained access to protectable intellectual property of Company in the form of templates and design work. Client understands and acknowledges he/she is being granted a limited license to use the Template for his/her business only, and that the information is not to be shared with others who have not purchased template.

B. Template is for INDIVIDUAL USE ONLY. Client agrees not to share, copy, resell, or otherwise distribute in any way, Company’s template, design, or any other proprietary information obtained through purchase of Template, and agrees that he or she will be in violation of these Terms of Use if he or she uses any part of the purchased Templates as his/her own material, or uses the Content in his/her own business as a product or service being offered for sale, without express written permission of Designer. Client also understands and agrees he/she will not disclose or use any information provided in Template other than for personal use in her own business and social media accounts without permission from Designer.

3. Testimonials

A. Designer may request Client provide a testimonial to be published on Designer’s website, or featured on Designer’s social media accounts. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications
or change in relationship between Designer and Client if Client refuses testimonial.

B. If Client accepts and provides Designer with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Designer’s website, social media, or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release if asked, confirming same, and confirming Designer’s rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Designer an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information
provided to Designer as part of a Testimonial.

4. Payment and Payment Plan

A. Client understands the cost of the Template(s) is payable up front, in full, unless a payment plan or promotion has been offered by Designer. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via Designer’s website or a designated third-party payment processor of Designer’s choosing, in full. Absent an agreement regarding a payment plan with Designer, Client must complete payment in full before becoming entitled to any products or services.

B. If Designer has offered a payment plan, Client agrees to abide by the rules and payments as explained on Designer’s sales page. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands access to Template may be restricted or revoked, and a late fee may be assessed accordingly.

C. Designer reserves the right to cancel or cease working with Client should he/she fail to make additional payments in accordance with the payment plan as agreed upon. Should this occur, Client understands she is not entitled to a refund of funds already issues to Designer in exchange for work completed thus far, and it is up to the sole discretion of Designer whether Client is to have continued access to any materials made available to Client up until payments were missed.

D. If Client and Designer have not agreed upon a payment plan, Client understands one is not available, and agrees to provide payment in full, upfront, in the manner(s) designated on Designer’s sales page.

5. Refund Policy

A. As Client obtains instant access to the full digital product immediately upon purchase, Designer is not able to offer refunds once Client has purchased. Please conduct any and all necessary research to determine if Template is right for you prior to purchasing. Once the purchase is made, Client may not receive a refund.

6. Voluntary Participation

A. Client understands and agrees that he/she is voluntarily choosing to purchase a Kajabi template from Company, and is solely responsible for any outcomes or results. While Designer believes in its services and that the Templates are able to help many people, Client acknowledges and agrees that Designer is not responsible nor liable for Client’s use of Template, including ability to use Template in his/her own
business, success of business or website after using Template, or any positive or negative results that stem directly or indirectly from use or purchase of Template.

7. Disclaimer

A. Designer does not make any representations or guarantees regarding individual results for use of Tempaltes. Client will hold Designer harmless if he or she does not experience the desired results.

B. Earnings Disclaimer: Designer also does not make any guarantees or assurances regarding a particular financial outcome based on use of Templates, nor is Designer responsible for Client earnings, or any increase or decrease in finances based upon use. Any information or testimonials regarding past or current clients’ use of Templates, or working with Designer contained on Website or in sales material that contain financial information are individual, and results may vary.

C. Client understands that all services provided by Designer are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase from Company and work with Designer on a purely voluntary basis and does not hold Designer or Program responsible should Client become dissatisfied with any portion of the Template.

D. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following purchase of Template, as long as Designer delivers the product as described in Paragraph 1 above, or similar substitutes, upon additional
agreement by Designer and Client.

E. Client agrees to hold Designer harmless should any physical, emotional, or financial injury occur as a direct or indirect result of use of Template(s). The content provided by Designer may or may not be useful to Client in his/her personal business or life. Client understands Designer cannot guarantee results, and has no expectation of a specific result that he or she holds Designer responsible for.

8. Intellectual Property

A. Client agrees and understands that Designer has created numerous original, creative works in connection with the Design Shop, and agrees that Designer maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Design Shop, including but not limited to ALL templates, designs, graphics, layout styles, color schemes, and any all protectable original work created by Designer. Client agrees he/she is granted a revocable, non- exclusive non-assignable license to use the template in the course of his or her own business, but understands that the original proprietary rights remain with Designer. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Designer to Client, nor grant any
license to use the information, other than that which is expressly provided throughout the course of the Program.

B. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Designer without Designer’s express written consent. If such behavior is discovered or suspected,
Designer reserves the right to immediately revoke Client’s access to any purchased Templates without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law. Client confirms any such attempt to resell, share, or profit from Designer’s templates will be a breach of these Terms of Use, and Client is to pay Designer any and all revenue made from the illegal resale of Templates as damages, in addition to any and all legal remedies available to Designer due to such infringement.

C. Licensee Rights: Designer’s Limited License to Client: Client understands that in purchasing a Template, he/she will have been granted a limited, revocable, non-transferrable license to use and implement for use in his/her business and life, as instructed or allowed by Designer. As a “Licensee,” Client understands and agrees that Client will not:

i. Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Designer;

ii. Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by
Designer, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.

iii. Claim any content created by Designer as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Designer was Client’s work, and use in his/her business as his/her own.

iv. Share purchased materials, information, content with others who have not purchased
them.

v. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a
violation of this Agreement and United States Federal laws.

9. Indemnification

A. Client agrees at all times to defend, fully indemnify and hold Designer and any affiliates, agents, team members or other party associated with Designer harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client’s use of Template, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions. Should Designer be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Designer’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by
Designer, free of charge.

10. Dispute Resolution

A. Should a dispute arise between Designer and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Designer responsible for any specific results, or those results which have been achieved by other clients of Designer.)

B. If unable to reach a resolution informally, Client and Designer agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in or near Irvine, California within a reasonable amount of time. Client and Designer agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of
any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.

11. Applicable Law

A. This Agreement shall be governed by and under control of the laws of California regardless of conflict of
law principles, and regardless of location of Client. Client understands this and agrees that the laws of California are to be applicable here.

12. Amendments

A. This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Designer, or a party authorized to sign on behalf of either party.