Last updated: January 2, 2023
The terms “we”, “us” and “our” refers to ARTXMIKAELA LLC (“Company”). These Terms & Conditions (the “Terms”) govern your use and access to our Company’s website www.mikaelamcleish.com and any of our social media channels or emails (collectively the “Website”) or use or purchase of our services and/or products (individually and collectively the “Services”).
Please read these Terms carefully before accessing or using our Websites. By accessing or using any part of our Website, you agree to be bound by these Terms. If you do not agree to all of these Terms, then you may not access or use the Websites or any of our Services therein.
1. ACCESSING THE WEBSITE. In order to access the Website, you must obtain access to the World Wide Web through devices that access web-based content and pay any service fees associated with such access. We reserve the right to modify, suspend or discontinue, whether temporarily or permanently, the Website (or any part thereof) for any reason and without notice. You agree that Company shall not be liable to you or to any third party for any modification, interruption, suspension or discontinuance of the Website. We are not responsible for delay or failure of our performance of any of the features of the Website caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
3. INTELLECTUAL PROPERTY. Unless explicitly stated otherwise, Company owns all rights, titles, and interest in and to the Website and Services, including, without limitation, Website content, organization, graphics, design, artwork, compilation and other matters related to or included on the Website and Services. Company name and all related names, logos, product and service names, designs, artwork and slogans are Company’s trademarks and you must not use these marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners and should not be used without those respective owners’ permission. Any unauthorized use, dissemination, reproduction, or copying of these terms or any content on the Website or Services will be prosecuted to the fullest extent of the law.
4. FOR LAWFUL PURPOSES. You agree to use the Website for legitimate, non-commercial purposes only. You shall not post or transmit through the Website any material which violates or infringes our rights, or 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.
5. NO USERS UNDER 18 YEARS OLD. The Website and Services are only for users of the age of 18. If you are under the age of 18, please do not attempt to register with us at this Website or provide any personal information about yourself to us.
6. FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. All of the information provided throughout the Website or in our Services (including the digital content delivered via email, blog, podcasts, live and prerecorded events, on social media, through webinars and other content, whether available for purchase or not) are resources for educational and informational purposes only. The information contained on the Website are not a substitute for personalized advice and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
7. SERVICES DESCRIPTION. While we try to be as clear as possible in explaining the Services, we do not guarantee the description as entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to discontinue any of the Services at any time for any reason. All Services are subject to availability. We reserve the right to refuse or cancel any order with an incorrect price listing. Prices of all Services are subject to change.
a. In consideration for your purchase of Services, you agree to pay the price associated with that specific product or service on the Website. From time-to-time, Company may offer limited promotions through its email list or through other means. Those promotion rates are not guaranteed, and you understand that you are not entitled to any discounted prices.
b. You understand and agree that any information provided by you is true and accurate, to be relied upon by us and our team in processing payment and delivering our Services to you. Should your payment fail to process, we reserve the right to withhold the purchased Services from you unless and until payment is properly rendered. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. All payments shall be in U.S. dollars.
c. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
d. We reserve the right to refuse any order placed through the Website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
9. SHIPPING AND DELIVERY. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
10. GIFT CARDS. Gift certificates can only be redeemed via purchases made on the Website, and are not redeemable for cash. Any unused balance will be placed in the recipient’s gift certificate account and is not transferable. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. We are not responsible for lost or stolen gift certificates. In the event a gift certificate code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such gift certificate.
a. We Do Not Offer Refunds. All sales are final, and you agree no refunds will be issued. As such, you agree not to raise a dispute with your financial institution and/or credit card provider for Services you purchased and that we delivered to you.
11. LIMITED LICENSE. Your ability to view content on our Website grants you a limited, revocable, non-transferrable license to use the information available to you for your personal, non-commercial use only. Should you decide to purchase Services from our Website, the Company grants you a limited, personal, non-exclusive, non-transferable license to use them for your own personal and internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to publish, modify, edit, copy, reproduce, create derivative works of, reverse engineer, transfer, alter, sell, create derivate works of, enhance or in any way exploit any of the products in any manner, except for modifications in filling out the products for your authorized use. You shall not remove any copyright notice from any of the Website or Services. Doing so may infringe on our intellectual property rights, as outlined above.
12. NO RESALE OF SERVICES OR WEBSITE CONTENT. You agree not to reproduce, duplicate, copy, sell, resell, create derivative works, or exploit, for any commercial or other purposes, any portion of the, Services or Website or content or other information or materials of any kind that you do not own without our express prior written consent. This includes digital products, photographs, illustrations, artwork and/or free downloads.
13. AFFILIATE DISCLAIMER. Please note this Website may contain links to affiliate websites, and we receive an affiliate commission, services and/or complimentary products for any purchases made by you on the affiliate website using such links.
14. AMAZON AFFILIATE. We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.
15. TESTIMONIALS DISCLAIMER. The Website may contain testimonials by users of our Services. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our Services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
16. PERSONAL RESPONSIBILITY Your decision to visit our Website, use information contained herein, and purchase Services we offer is purely voluntary, and you understand we are not responsible or liable for any harm or damage to you or your business, life, health, or family resulting from direct or indirect use of materials or content contained on our Website. You agree to hold Company harmless from any damages directly or indirectly resulting from your use of content or Services on our Website or distributed through email, and agree you will not make any claims against Company herein.
17. EARNINGS DISCLAIMER. Any earnings or income statements or examples shown through our Website are only estimates of what might be possible now or in the future. There can be no assurance as to any particular financial outcome based on the use of our Website or Services. You agree that Company is not responsible for your earnings, the success or failure of your personal or business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website. You are solely responsible for your results.
18. THIRD PARTIES CONNECTING TO OUR WEBSITE. Company is not responsible for the content or practices of third-party websites that may be linking to our Website and Company makes no representation or warranty regarding such third parties, their websites, their content, or their goods and services.
19. SHARED INFORMATION NOT CONFIDENTIAL OR PRIVILEGED. Information you provide or share with us directly or indirectly, on our Website, (whether in the form of emails, text messages, comments, audio calls or video calls) will not be treated as confidential or privileged, as they may be broadly available to other persons, both inside of and/or outside of the Company. Also, any expressed opinion by another user is his or her own and should not be considered as reflecting the opinion of the Company.
20. FEEDBACK, COMMENTS AND TESTIMONIALS. With your prior permission, you agree that the Company has the right to use your feedback whether in the form of emails, submissions, surveys, comments, calls, otherwise, for the purposes of marketing or promoting the Company’s services and/or products.
21. ERRORS, INACCURACIES, AND OMISSIONS. Information provided about the Website and/or Services is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Website.
22. NO WARRANTIES The use of the Website and Services are at your sole risk. The Website and Services are provided on an "as is" and "as available" basis. We make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Website and Services. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT (1) THE WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE WEBSITE AND SERVICES WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE WEBSITE AND SERVICES WILL BE ERROR-FREE AND/OR ANY ERRORS ON THE WEBSITE AND SERVICES WILL BE CORRECTED. No advice or information, whether oral or written, obtained by you from us through or from the Website shall create a warranty not expressly stated in these Terms. Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of the foregoing may not apply to you. In such a case, any such disclaimer or limitation of liability is limited to the minimum extent permissible under applicable law.
23. LIMITATION OF LIABILITY. You agree to absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Services and/or any information and resources contained in the Website. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Website and/or Services. Our liability to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims.
24. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website and Services and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
25. REFUSAL OF SERVICE. We reserve the right to refuse access to the Website to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Website, if you violate the Terms.
26. INDEPENDENT CONTRACTOR. Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Services, which may include education and information. The information contained in the Services including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
27. TERMINATION. The Company reserves the right, in its sole discretion, to terminate your access to the Website and/or Services or any portion thereof at any time, without notice.
28. DISPUTE RESOLUTION Should any dispute arise, you agree to resolve any claim or controversy arising out of or relating to these Terms and Conditions by Mediation in San Diego, California by the American Arbitration Association, Dispute Resolution Services, and agree to be bound by the decision(s) of the selected mediator. Any costs and fees associated with the mediation, other than attorney fees, will be shared equally by the both of us. If the dispute is not resolved within thirty (30) calendar days after it is referred to the mediator, it shall be settled exclusively by submitting to binding arbitration in San Diego, California. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.
29. EFFECT OF HEADINGS. The subject headings of the paragraphs and subparagraphs of the Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
30. WAIVER. Company’s waiver of any of the provisions of these Terms shall not be deemed, nor 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 an authorized representative of the Company.
31. SEVERABILITY. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
32. ASSIGNMENT. You may not assign these Terms without the express written consent of Company.
33. GOVERNING LAW. The Terms shall be governed by the laws of the State of California.
34. CHANGES TO TERMS. The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
35. HOW TO CONTACT US. Please contact us at firstname.lastname@example.org with any question or comments regarding the Terms.