DIGITAL PRODUCT PURCHASE AGREEMENT
This Digital Product Purchase Agreement (the "Agreement") is entered into by and between you (the "Customer" or "Purchaser") and Laurken Kendall Photo Inc., a Washington State corporation, with its principal place of business ("Laurken Kendall Photo," "we," "our," or "us"). By purchasing or downloading any digital products (including but not limited to courses, educational resources, or other materials) through our website www.motherphotographer.com], you agree to be bound by the terms and conditions set forth below.
Last Updated: 02/01/25
1. Introduction of Parties Clause
This Agreement governs the purchase and use of digital products offered by Laurken Kendall Photo Inc. to the Customer. By purchasing or downloading products from Laurken Kendall Photo Inc., you agree to comply with the terms and conditions outlined herein.
2. Scope of Product Purchase Agreement Clause
The Customer agrees to purchase, and Laurken Kendall Photo Inc. agrees to provide the digital products specified in the order confirmation. These products may include, but are not limited to, downloadable courses, materials, e-books, video tutorials, and related content ("Products").
This Agreement grants the Customer a limited, non-transferable license to access and use the Products solely for personal, non-commercial purposes.
3. Intellectual Property Clause*
All digital products provided by Laurken Kendall Photo Inc. are protected by intellectual property laws, including copyright laws. The Products are owned by Laurken Kendall Photo Inc., and the Customer acknowledges that all rights, title, and interest in the Products are held by Laurken Kendall Photo Inc. or its licensors. The Customer is granted only a limited license to use the Products as set forth in this Agreement.
4. Age of Majority Clause
By purchasing digital products from Laurken Kendall Photo Inc., the Customer represents and warrants that they are at least 18 years of age or the age of majority in their jurisdiction, whichever is greater. If the Customer is under the age of 18, they may not purchase or access the digital products without the consent of a parent or legal guardian.
5. Purchase Policies and No Refunds Clause
All purchases of digital products are final. Due to the nature of digital products, Laurken Kendall Photo Inc. does not offer refunds, exchanges, or cancellations once a purchase has been completed. The Customer acknowledges and accepts this no-refund policy prior to making a purchase.
6. License to Use Product Clause*
Upon successful purchase of a digital product, Laurken Kendall Photo Inc. grants the Customer a limited, non-exclusive, non-transferable, revocable license to use the Product for personal, non-commercial purposes. This license does not grant the Customer any ownership rights in the Product or any of its components.
The Customer may not copy, reproduce, distribute, or create derivative works of the Products without prior written consent from Laurken Kendall Photo Inc.
7. No Warranties Clause
The Products are provided "as is" and "as available." Laurken Kendall Photo Inc. makes no representations or warranties of any kind, express or implied, regarding the Products, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Laurken Kendall Photo Inc. does not warrant that the Products will meet the Customer's requirements, be uninterrupted, error-free, or free from defects.
8. Limitation of Liability Clause
To the maximum extent permitted by applicable law, Laurken Kendall Photo Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the Customer’s use or inability to use the Products, even if Laurken Kendall Photo Inc. has been advised of the possibility of such damages. In no event shall Laurken Kendall Photo Inc.'s total liability to the Customer exceed the amount paid by the Customer for the Products in question.
9. Maximum Damages Clause
In no event shall Laurken Kendall Photo Inc.'s liability for any claim arising from or related to the Products exceed the total amount paid by the Customer for the specific Product(s) giving rise to the claim.
10. No Guarantees Clause
Laurken Kendall Photo Inc. makes no guarantees, representations, or warranties regarding the effectiveness or outcomes of any digital products, including any specific results or achievements the Customer may experience after using the Products. All results depend on various factors, including but not limited to the Customer's individual circumstances, efforts, and knowledge.
11. Sales Tax Clause
The Customer agrees to pay any applicable sales taxes or other taxes that may be imposed by any taxing authority in connection with the purchase of digital products, whether now or in the future. Sales tax may be added to the purchase price depending on the Customer's location.
12. Entire Agreement Clause
This Agreement constitutes the entire understanding between the parties regarding the purchase and use of the Products. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the Customer and Laurken Kendall Photo Inc. regarding the Products.
13. Venue and Jurisdiction Clause
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles. Any dispute arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in King County, Washington.
14. Mediation and Arbitration Clause
Any dispute, controversy, or claim arising out of or relating to this Agreement shall first be attempted to be resolved through informal negotiation and mediation. If the dispute cannot be resolved through mediation within 30 days of the request, the dispute shall be resolved through binding arbitration under the rules of the American Arbitration Association.
15. Severability & No Waiver Clause
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect. No waiver of any provision of this Agreement shall be deemed a further waiver of any other provision or of any subsequent breach of the same or any other provision.
16. Transfer Clause
The Customer may not transfer, assign, or sublicense any rights or obligations under this Agreement without the prior written consent of Laurken Kendall Photo Inc. Laurken Kendall Photo Inc. may freely assign or transfer its rights and obligations under this Agreement.
By purchasing any digital products from Laurken Kendall Photo Inc., you acknowledge that you have read, understood, and agree to the terms of this Digital Product Purchase Agreement.
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**Laurken Kendall Photo Inc.**
[email protected]
www.laurkenkendall.com
www.themotherphotographer.com