Terms & Conditions
Last updated November 2022
By using daringstudios.com (“the Site”) or purchasing any products, courses, or consulting services (“the Service”), you’re consenting to the terms outlined below.
OVERVIEW
The terms “we,” “us,” and “our” refers to Daring Studios and Rachel Thompson. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site. The term “the Site” refers to daringstudios.com. The term “Service” refers to our products, our courses, our consulting and coaching services, as well as information about business coaching and consulting in general.
Use of the Service, including all information and educational materials presented herein by Daring Studios, is subject to the following terms and conditions. These Terms and Conditions apply to all site visitors, potential clients, and all other users of the site. By using the Site or Service you agree to these Terms and Conditions, without modification, and acknowledge reading them.
PRIVACY POLICY
If you’d like to check out our privacy policy to find out how we use your info, you can do so by reading our Privacy Policy here.
NO WARRANTY
The information presented on daringstudios.com is provided “as is” and “as available,” without representation or warranty of any kind. Daring Studios does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property (things we made) owned by Daring Studios, including, without limitation, the Daring Studios logo, course logos, all designs, text, graphics, other files, trademarks, copyrights, proprietary information, and other intellectual property.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in anyway exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
UPDATES TO THE SERVICES AND PRICES
We reserve the right at any time to make changes and updates to the services and offerings within the Service. Daring Studios shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Daring Studios is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Daring Studios has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Daring Studios’ cumulative liability to you exceed the total purchase price of the Service you have purchased from Daring Studios, and if no purchase has been made by you Daring Studios’ cumulative liability to you shall not exceed $100.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Daring Studios. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the North Carolina as applied to contracts that are executed in North Carolina. The exclusive venue for any court proceeding based on or arising out of this Agreement shall be North Carolina. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
UPDATES TO THESE TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
CONTACT
Notices, questions, comments, concerns, and feedback are always welcome. Please contact us at Rachel at daringstudios dot com.
ENTIRE AGREEMENT
This agreement contains all the terms of the licensing contract between us.