Terms of Use for Digital Product Purchase
LAST MODIFIED: 10/09/2023
USE AND CONSENT
Please read these Terms of Use for Digital Product Purchase (hereinafter “Terms of Use”) carefully and in their entirety before purchasing a digital download or digital course (hereinafter “Digital Product”) from Kimmy Tran Designs LLC.
These Terms of Use are entered into by and between Kimmy Tran Designs LLC (hereinafter “we,” “our,” “us”) and you.
Your purchase of a Digital Product constitutes your voluntary acceptance to be bound by these Terms of Use, whether you have read them or have had the opportunity to read them and have chosen not to.
This website and any Digital Products offered herein are not intended for persons under the age of 18. If you are under the age of 18, you may not purchase, use, or view our Digital Products.
PRIVACY POLICY
We respect your privacy and permit you to control the treatment of your personal information. Please read our Privacy Policy here.
ORDER CONFIRMATION AND PAYMENT DETAILS
We will email you to confirm the placement of your order and with details concerning your Digital Product purchase.
In the event there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
PAYMENTS
The cost of your product is as reflected on the sales page and due at time of purchase.
You understand and agree that you are financially responsible for all purchases made by you or a third-party acting on your behalf.
If payment cannot be charged to your credit card or your charge is returned for any reason, including chargeback, we reserve the right to either suspend or terminate your access to the Digital Product, thereby terminating these Terms of Use and all of our obligations hereunder.
It is your responsibility to notify Kimmy Tran Designs LLC if your credit card has changed or has expired and to make appropriate changes or your access to the Digital Product may either be suspended or terminated.
We reserve the right to refer collection of the outstanding balance to an attorney or collections agency. If your outstanding balance is referred to an attorney or collections agency, you shall pay all reasonable attorney’s fees or collections agency fees.
All of the personal information that you provide as part of the purchase process for any Digital Product may be collected by both us and our third-party payment processing providers. This includes, but is not limited to, name, email address, billing information, and credit card number. Please read our Privacy Policy with respect to how we handle your personal information.
Our third-party payment processing providers may have privacy policies and terms and conditions that differ from ours. We have no liability or responsibility for the independent policies of our third-party payment processing providers. You are encouraged to read the independent policies contained on the third-party payment processing providers’ websites.
You understand and release us from liability for any damage or loss caused by your purchase from our website or by your dealings with our third-party payment processing providers.
REFUNDS
Refunds are not applicable for digital products under any circumstance.
We do not tolerate or accept any type of chargeback from your credit card company.
TERMINATION
We reserve the right to terminate your access to the Digital Products at any time for any reason, including for your breach of these Terms of Use.
PASSWORDS
Certain features of our Digital Products may require the creation of a username and password. You are responsible for keeping your username and password confidential. We ask that you not share your username or password with anyone. We cannot and will not be liable for any loss or damage arising from your failure to protect your username or password.
You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security.
INTELLECTUAL PROPERTY PROTECTION AND PERSONAL USE
Our Digital Products as well as the materials contained therein, including, but not limited to, videos, photos, graphics, designs, and other files, are the proprietary property of Kimmy Tran Designs LLC and are protected by United States intellectual property rights.
Kimmy Tran Designs LLC grants you a limited non-exclusive non-transferable license to view, copy, download, use, and/or print any Digital Products you purchase from us solely for your personal, non-commercial use with respect to your business. The rights granted to you constitute a license and not a transfer of title. You may not share the cost of any Digital Product or the Digital Product itself with any third party.
You may not share your login credentials for the Digital Product with any third party for any reason.
You agree that you will not use the Digital Products you purchase from Kimmy Tran Designs LLC to create a competing product.
You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on any Digital Products you purchase from us, except as expressly authorized herein.
Nothing contained in the Digital Products should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Kimmy Tran Designs LLC or by any third party.
Any other use of any Digital Product you purchase from Kimmy Tran Designs LLC, including, but not limited to, for any commercial use, copying, republication, distribution, transfer, performance, display, or reproduction other than as indicated above, is strictly prohibited.
You agree that you will not use our Digital Products in any manner that constitutes an infringement of our intellectual property rights. Unauthorized use constitutes theft and we reserve the right to prosecute theft to the fullest extent of the law.
NO WARRANTY OR LIABILITY
The information provided in our Digital Products is believed accurate when made. However, we do not warrant or represent that such information is or will always be current, accurate, and/or complete. You agree that we are not responsible for the accuracy of our Digital Products or for any errors or omissions in same.
The use of our Digital Products is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. We assume no liability for any computer virus or other similar software code that is downloaded to your computer from our Digital Products.
THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
YOU AGREE THAT IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL KIMMY TRAN DESIGNS LLC AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY WAY FOR DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND/OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM THE USE OF OR INABILITY TO USE OUR DIGITAL PRODUCTS; THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH OUR DIGITAL PRODUCTS; ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT; ANY LOSS INCURRED BY YOU OR YOUR BUSINESS, INCLUDING, BUT NOT LIMITED TO, LOSS OF CLIENTS, LOSS OF GOODWILL, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED INCOME, LOSS OF SALES; OR ANY OTHER LOSS OR DAMAGE OF ANY KIND.
KIMMY TRAN DESIGNS LLC’S CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THESE TERMS OF USE SHALL NOT EXCEED $500 (USD).
We expressly exclude any liability to the fullest extent of the law.
By purchasing a Digital Product, you agree to this limitation of liability and release Kimmy Tran Designs LLC from any and all claims.
INDEMNIFICATION
You agree at all times to defend, hold harmless, and indemnify Kimmy Tran Designs LLC, and its subsidiaries, affiliates, agents, officers, directors, employees, or partners, from any claim, demand, cause of action, including attorney’s fees and costs, arising from your use of our Digital Products, as well as any third party claims of any kind arising from your actions in relation to our Digital Products (including any content you submit, post to, or transmit through our website.
Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge.
THIRD PARTY LINKS
We may provide a link to a third-party website in our Digital Products. These links are provided for your education and information only and are not an endorsement by us.
You agree that we are not responsible for the content, availability, or accuracy of other websites that may be linked to our Digital Products. We make no warranty of any kind, whether express or implied, regarding third-party content, availability, or accuracy.
By clicking on a link to a third-party website, you agree that you are doing so of your own discretion, volition, and at your own risk. You agree we are not liable for any damage or loss caused by your access to or use of information, materials, products, or services contained on and/or purchased from any linked third-party website.
By clicking on a link to a third-party website, you may allow third-parties to collect and/or share your personal information. The privacy policies and terms and conditions on those third-party websites may differ from ours. You are encouraged to read the privacy policies and terms and conditions of every linked third-party website that you visit.
NOTICES
To You: We may provide any notice to you under these Terms of Use by sending a message to the email address you provide. It is your responsibility to keep your email address current.
To Us: You may provide any notice to us under these Terms of Use by sending a message to kimmy@kimmytrandesigns.com.
Notices sent by email will be effective upon the sender’s receipt of an acknowledgment from the intended recipient (such as by the “return receipt requested” function, as available, return email, or other written acknowledgment); provided that if such notice is not sent during the normal business hours of the recipient, such notice shall be deemed to have been sent at the opening of business on the next business day for the recipient.
AMENDMENTS
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time and it is your responsibility to review these Terms of Use for any changes.
Such amendments are effective immediately upon us posting the revised Terms of Use to kimmytrandesigns.com and sending a message to the email address you provide in accordance with the procedure outlined in the Notices section herein.
NO ASSIGNMENT
These Terms of Use are not assignable, delegable, sublicensable, or otherwise transferable by you. Any assignment, delegation, sublicense, or transfer by you is null and void.
WAIVERS
No failure to exercise and no delay in exercising any right, remedy, or power under these Terms of Use shall operate as a waiver thereof.
DISPUTE RESOLUTION AND JURISDICTION
These Terms of Use shall be governed and construed according to the laws of the State of Illinois, without regard to conflict of laws principles. The nearest state and federal court to Hoffman Estates, IL shall have exclusive jurisdiction over any case or controversy arising from our products and/or e-courses.
By purchasing a Digital Product from Kimmy Tran Designs LLC, you submit to the exclusive jurisdiction and venue of these courts and waive any defense of forum non conveniens.
In the event that Kimmy Tran Designs LLC must make a claim for any breach of these Terms of Use by negotiation, litigation, mediation, or arbitration, we shall be entitled to recover attorney’s fees and costs.
SEVERABILITY
If any provision of these Terms of Use shall be declared unenforceable or invalid, all remaining provisions shall remain in full force and effect.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS OF USE, PLEASE CONTACT: kimmy@kimmytrandesigns.com
