terms of use

Last Updated on June 6, 2020

NOTICE:​ ​These​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​are​ ​legally​ ​binding.​ ​It​ ​is​ ​your responsibility​ ​to​ ​read​ ​these​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​carefully​ ​prior​ ​to​ ​purchase, use​ ​or​ ​access​ ​of​ ​any​ ​of​ ​our​ ​products,​ ​including​ ​online​ ​courses.

General Provisions

This website is owned and operated by Doing it Despite, an Oregon based company. Our principal place of business is located at 61250 Sarah Dr, Bend, OR.
You must be at least sixteen years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The Terms and Conditions contained on this page is subject to change at any time.

Terms​ ​of​ Service​ ​or​ ​Product​ ​Purchaser​ ​Agreement

All programs, products and services ​are owned and provided by Doing It Despite (“Company” or “we” or “us” or “our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Services. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page. 

You are legally bound to these Terms and Conditions of Use whether or not you have read them. If You do not agree with any of our Terms and Conditions of Use, please email us at allyn@doingitdespite.com ​and we will make reasonable efforts to remove your name, email and access to our Services and website(s).
 
Security​ ​and​ ​Assumption​ ​of​ ​Risk 

Security

It is Your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors such as Stripe, Paypal or Shopify. By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.

Confidentiality

​You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty. 

Assumption​ ​of​ ​Risk

​By accessing our Services and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to You.

Your Communications

Any communications made through our ‘contact,’ newsletter sign up or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy on this page.

Intellectual Property Notice

All images, text, designs, graphics, trademarks and service marks are owned by and property of Doing it Despite, or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.

You may use our intellectual property with clear and obvious credit back to our site, as well links back to the page where the materials, designs, images, text, quote or post is located when it is appropriate to do so. However, you may never claim any of our intellectual property as your own or your unique creation, even with attribution.

Online Course Intellectual Property

Limited​ ​License: ​ Any and all materials, paid or free, that You access on this or any related domains that contain our Services are under the sole ownership or licensed use of Doing it Despite.

You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Services you have paid for or opted to receive. If You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, you have committed infringement in a manner that materially harms us, and we have the right to seek damages and/or an injunction to remedy the situation until we are made whole. 

You​ ​may: 

- Access the Services for Your personal use 

- Download and/or print any Services materials for your personal use 

You​ ​may​ ​not: 

- Re-sell or trade Your access to the Services

- Share the Services with anyone else who has not yet purchased it or opted in to receive it 

- Reprint or republish any of the Services in part or in whole 

- Distribute any of the materials contained in the Services or related materials and/or communications as your own, otherwise known as stealing 

- Reproduce and tweak any part or whole of the Services for distribution as your own work 

- Use our Services or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s)

Civil​and​ ​Criminal​ ​Penalties
 
Even though our Services is not necessarily something you can physically hold in your hand and walk away with, it is nevertheless considered theft to steal, infringe or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Oregon by opting into or purchasing any Services or accessing its related communications and/or materials.

Disclaimers

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have medical, legal or financial questions, you should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses or the materials contained herein.

This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. 

Third​ ​Party​ ​Disclaimer

​You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other participant or user, including you. 

Warranties​ ​Disclaimer

​WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. 

Technology​ ​Disclaimer

​We make reasonable efforts to provide You with modern, reliable technology, software and platforms from which to access our Service(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third party provider, such as Teachable.

Errors​ ​and​ ​Omissions

​We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in ourServices(s). We are not liable for any inaccuracies, errors or reliance on personal opinions contained in our Services(s) or related material(s).

Indemnification,​ ​Limitation​ ​of​ ​Liability​ ​and​ ​Release​ ​of​ ​Claims

Affiliates

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

Termination

If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).

Financial​ ​Considerations

Refunds

We take your investment seriously, and we’d appreciate if you took our investment of time and resources into your success seriously too. Refunds will be considered in written form and must be submitted within 7 days of purchase.

Recurring​ ​Payments

​If you have signed up for a payment plan, You hereby authorize our continued access to your financial information stored by our third party financial processing company referenced in this Agreement until your payment plan is complete, as set forth in Your acceptance of the purchase terms upon checkout. 

Revocation​ ​of​ ​Access

​You have the unilateral right to terminate your use and access to any of Our Services. Please send an email at allyn@doingitdespite.com to initiate this process. Termination will not excuse you of further payment. Upon confirmation of your termination, any and all outstanding balances will become immediately due and payable. 

Non-Disparagement

​If you are found to be slandering, libeling or otherwise disparaging our Company, Service(s) or related materials at our discretion, You will be immediately removed from the Service(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm our Company.

Consent

By using our website, you hereby consent to our Terms and Conditions of Use.

If you require any more information or have any questions about our Terms and Conditions of website use, or our Privacy Policy, please feel free to contact us by email at allyn@doingitdespite.com

All​ ​Rights​ ​Reserved​

All rights not expressly granted in these Terms and Conditions of Use or any express written here, are reserved by Company.

Contact

​If you have any questions about any term of these Terms of Use, please contact us at allyn@doingitdespite.com.

Thank you!