TERMS OF PURCHASE AGREEMENT “ArtSpeak”
This Terms of Purchase Agreement (the “Agreement”), is made by and between [Artist Strong, Inc. (hereafter known as “Company”), and you (hereafter known as “Purchaser”, and collectively, the “Parties”).
By purchasing a Product (as defined below) from Company, Purchaser agrees to the following terms:
Company provides ArtSpeak: a guide and ebook (digital product) that helps artists talk about their art (herein referred to as the “Products”). Purchaser agrees to abide by all policies and procedures as outlined in this agreement as a condition of their purchase.
There is no refund for this digital product.
Company warrants and guarantees that the product is fit for its particular use. Should you receive a product that is defective, you have 30 days from the date of the order to notify Company of its defect in order to receive a replacement at no cost.
- ASSUMPTION OF RISK.
Purchaser agrees to accept all risk associated with the use of any Product, including but not limited to, ingestion of or application to Purchaser’s person, the use of any Product personally or in business, all taxes and regulations applicable to any Product, all legal compliance issues related to any Product. Purchaser understands that the Company is disclaiming all liability from harm of any kind or nature caused directly or indirect from any Product.
Purchaser agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Purchaser’s action(s) under this Agreement or misuse of a Product. Purchaser agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Purchaser’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.
(Note: I am not a lawyer and thus cannot provide legal advice. I do, however, share my personal experiences for you to learn from and harness to build your own artist life.)
- LIMITATION OF LIABILITY.
Purchaser agrees that the Company’s liability for any reason shall be no more than the total purchase price of the Product purchased.
- DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in Houston, Texas. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
- GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the state of Texas, regardless of the conflict of laws principles thereof.
- ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.