SCARLET MAVEN

TERMS OF SERVICE

 

UPDATED: February 11, 2020

By using this website (the “Site”) or any products or services provided through this Site, you (“You,” “Your” and “User”) agree to these terms of service (“Agreement” or “TOS”). This Agreement between You and Scarlet Maven, LLC (“Scarlet Maven,” “Us,” “Our,” “We,” and “the Company”) is comprised of this TOS and Our Privacy Policy and supersedes all previous written and oral agreements, representations, and warranties. If You don’t agree with the terms of Our TOS or Privacy Policy, please refrain from using the Site and any of Our products or services.

 

1.     General

We provide online courses related to U.S. laws. We use the platform Teachery for Our courses. When You purchase a course, You are purchasing a license to access the material.

Please note, We do not provide any legal advice. We recommend that You consult an attorney for advice regarding Your business and/or Your needs.  

 

2.     Course Licenses

You must purchase a license to access each course. When You purchase a license, You are purchasing a limited, non-exclusive, non-transferable, revocable license to access the course in exchange for payment and per these TOS and Our Privacy Policy.

This license is intended for one individual user only. Your license may not be used by any other users. If We determine that You are not complying with this limitation, We will terminate Your license, and You will never be permitted to purchase any of Our courses in the future.

Payments for this license are made through a third-party payment processing service. By purchasing a license, You agree to abide by that payment processing service’s terms of service. We will never have access to Your credit card information.

 

3.     User Conduct

Every User must abide by the following rules of conduct in regards to Our Site, products, and services:

  • You must be at least 18 years old. You must have the authority to act on behalf of any company You represent.

  • You must provide accurate information when communicating with Us.

  • You must not use Our products and services except as permitted by this Agreement and any license purchased from Us. You are responsible for protecting Your username and password against unauthorized use.

  • You may not use Our Site or services to abuse, harass, defame, or defraud anyone.

  • You may not use Our Site or services to do anything unlawful, misleading, malicious, or discriminatory.

  • You may not upload viruses or other malicious code through this Site. You may not do anything that is designed to disable, overburden, or interfere with the normal working of Our Site.

  • You may not use Our services to violate anyone’s intellectual property rights. You may not rent, lease, sell, sublicense, or redistribute Our content.

  • You may not use, test, or otherwise utilize Our Site or anything on it in any manner for purposes of developing or implementing any method or application that is intended to interfere with the function of Our Site.

  • You may not reverse engineer, decompile, disassemble, derive source code, create a derivative work of, or otherwise repurpose Our content; attempt to do so, or assist anyone in doing so except permitted by applicable law notwithstanding this limitation.

We reserve the right to terminate any User’s license, access, or any other services provided by Us for violating Our TOS or Privacy Policy.

 

4.     Links

We may provide links to other websites on Our Site or through Our courses. Providing a link, however, is not an endorsement. We shall not be responsible for any material on any site to which We provide a link that We did not create. User assumes all risk by following a link. The Company provides no guarantee that any website it links to will be accurate or available.

 

5.     Copyrights and Trademarks

Scarlet Maven retains its intellectual property rights, including but not limited to, copyright rights in all its content published on and through Our Site and in Our courses.

“Scarlet Maven,” “Lights Camera Lawsuit The Legal Side of Professional Photography,” and their logos are trademarks owned by the Scarlet Maven and may not be used without Our explicit written permission. Any violation of this policy may result in a copyright, trademark, or other intellectual property right infringement that may subject User to civil and/or criminal penalties and termination of their license(s).

 

6.     Digital Millennium Copyright Act (DMCA) Policy

We will comply with any properly submitted DMCA takedown and counter takedown notices We receive under the U.S. Copyright Act (17 U.S.C. § 512). If You believe that Your copyrighted work has been copied and used on or via Our website or services in a way that constitutes copyright infringement, You must contact Our DMCA Agent at the following address: Scarlet Maven, LLC; Attn: DMCA/Copyright Agent; 1938 East Osborn Road, Pheonix, Arizona 85016 or maven@scarletmaven.com.

 

7.     Indemnification

By using Our site or services, You agree to defend, indemnify, and hold harmless Scarlet Maven, Our affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any activity by You in connection with Our Site, products, or services.

To the extent permitted under applicable laws, You hereby release Us from any and all claims or liability related to any product or service provided through this Site.

 

8.     Modification to these Terms of Service

We reserve the right to change this TOS at any time as We deem necessary or desirable. These changes will most likely be enacted to comply in changes to Our services and/or changes in the law. We will notify Users of changes by posting notice of the change on Our site. Any changes to this TOS will be effective upon the changes being made to this document.  Your continued use of Our site shall be Your acceptance of any changes to this Agreement. All additional terms are hereby incorporated into this TOS by this reference.

The date at the top of the TOS informs You of the date of the most recent change.

 

9.     Warranty Disclaimer

USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT USER’S SOLE RISK.  NEITHER SCARLET MAVEN, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (1) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR (2) THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE.

THIS SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

 

10.  Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT PROVIDED THROUGH THIS SITE, OUR LICENSE, AND/OR SERVICES. THE PARTIES AGREE THAT OUR MAXIMUM FINANCIAL OBLIGATION TO YOU IS THE AMOUNT PAID TO US DURING THE 12 MONTHS FOR PRODUCTS AND SERVICES PRIOR TO THE DISPUTE OR ALLEGED INJURY.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY LOSS OR DAMAGE ALLEGEDLY CAUSED BY YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS SITE OR THROUGH OUR PRODUCTS AND SERVICES. YOU ARE RESPONSIBLE FOR EVALUATING THE ACCURACY, APPROPRIATENESS, COMPLETENESS, AND USEFULNESS OF OUR CONTENT BASED ON YOUR SPECIFIC NEEDS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, TO EVALUATE AND PROVIDE INDIVIDUALIZED INFORMATION AND INSTRUCTION.

 

11.  Contact Information

Scarlet Maven, LLC is an Arizona limited liability company with a principal place of business in Phoenix. You can contact Us at 1938 East Osborn Road, Phoenix, Arizona 85016 or via email at maven@scarletmaven.com.

 

12.  Dispute Resolution

By using this Site, You agree that any claim, dispute, or controversy You may have against Us arising out of, relating to, or connected in any way with this Agreement, Our Site, Our products, or Our services, shall be resolved exclusively in a court located in Maricopa County, Arizona. Arizona law shall govern all disputes related to this site and Our services. You agree that You shall only pursue a claim on behalf of Yourself only and shall not seek to file a class action lawsuit. The Parties irrevocably consent to this jurisdiction and venue.

In all claims, disputes, and controversies related to this Agreement, Our Site, Our products, or Our services, the non-prevailing Party shall be responsible for the prevailing Party’s attorneys’ fees in addition to any damages assessed against them. 

 

13.  Termination

We reserve the right to suspend or terminate any user’s license at any time and for any suspected violation of this TOS and/or Our Privacy Policy. Termination may occur without advance notification. We shall not be liable for any damages for terminating a User.

 

14.  Miscellaneous

Entire Agreement: This Agreement shall constitute the entire agreement between the User and Us with respect to the subject matter in this Agreement.

Assignment: Scarlet Maven can assign this Agreement to the new owner if Our company is ever sold in part or in whole. You may not assign or sublicense this Agreement, or any rights provided hereunder, without Our prior written consent.

Waiver: No waiver by either Party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The failure of either Party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided by this Agreement.

Force Majeure: We shall not be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond Our reasonable control and We are unable to overcome it through commercially reasonable diligence. If a force majeure event occurs, We will use commercially reasonable efforts to minimize the impact of the event.

Headings: The section headings used in this Agreement are for convenience only and shall be of no legal force or effect.

Severability: If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. If a provision is found to be invalid, the Parties hereby request that the intention of the invalid provision be upheld wherever possible.