Digital Product Purchase & Use Policy for Jessica Compton Co.

Last Updated On 08/20/24

This Agreement is between You (“Purchaser”, “You”, “Your”) and JEC Affiliate, LLC, DBA Jessica Compton Co. (“Company”, “We”, “Us”, “Our”) for the purpose of any digital product purchase through this website at www.jessicacompton.co or any related domains or subdomains (the “Sites”).

By purchasing any Product, You agree to be bound by these Terms, without any other conditions or declarations. If at any time You do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Our Product(s) immediately.

SCOPE OF PRODUCT PURCHASE AGREEMENT

Our “Products” include but are not limited to: Canva templates, PDF downloads, online courses and related downloadable material, and any other documents for paid purchase on these Sites.

INTELLECTUAL PROPERTY

All Products are the intellectual property of and are owned by Jessica Compton Co..

AGE OF MAJORITY

Understand that by purchasing any Products, services or applications for which You tender payment or otherwise obtain through the Sites, You warrant that You are at least 18 years of age and are otherwise legally able to enter into a valid contract.

PURCHASE POLICIES & NO REFUNDS

ALL DIGITAL PRODUCTS ARE NON-REFUNDABLE OR EXCHANGEABLE UNDER ANY CIRCUMSTANCE UPON PURCHASE DUE TO THE IMMEDIATE NATURE OF DELIVERY OF THE DIGITAL PRODUCT(S) TO YOUR EMAIL ADDRESS AND IMMEDIATE ACCESS TO THE LANGUAGE AND INFORMATION IN THE PRODUCT(S).

LICENSE TO USE PRODUCT(S)

Subject to Your compliance with these Terms of Use , Jessica Compton Co. grants You ONE revocable, worldwide, non-exclusive, non-transferable license to download, view, and/or edit the Product(s) You purchase solely for Your individual personal or business use ("Permitted Use"). This license is strictly limited to You, the purchaser, and does not allow for any form of reproduction, copying, resale, or redistribution of the Product(s) except as expressly permitted below.

1. Templates:
a. Personal and Business Use: The templates provided by Jessica Compton Co., including Canva templates for social media, eBooks, workbooks, and planners are licensed directly to the purchaser for their singular personal or business use.
b. Prohibited Resale: UNDER NO CIRCUMSTANCES MAY ANY TEMPLATES BE RESOLD, REDISTRIBUTED, OR OFFERED TO ANY THIRD PARTY AS EDITABLE TEMPLATES.
c. Resale of eBooks, Workbooks, and Planners: An eBook, workbook, or planner template may be resold only if it is customized and then flattened into a non-editable format, such as a PDF, before distribution.

2. Digital Guides:
a. The digital guides provided as PDF downloads are licensed for Your personal or business use only.
b. Prohibited Sharing and Redistribution: These guides cannot be shared with any third party, nor can they be copied, redistributed, or used in any way outside the scope of Your individual use.

3. Course Content and Related Materials:
a. The course content and any related materials provided by Jessica Compton Co. are for Your individual use only.
b. Prohibited Sharing and Redistribution: You are expressly prohibited from sharing, copying, redistributing, or otherwise transferring any course content or materials to any third party.

4. Intellectual Property Protections:
a. You must abide by all copyright and trademark protections afforded to the Product(s), as formally registered and as provided by law.
b. Prohibited Uses: You may not use the Product(s) on any other website, through a networked computer environment, or in any manner inconsistent with the Permitted Use as defined in these Terms.

5. Modification Rights:
a. You may make necessary edits and completions to the Product(s) to suit Your personal or business needs within the scope of the Permitted Use.
b. No Expansion of Rights: Such modifications do not expand the limited license provided herein and do not grant You any intellectual property ownership or broader modification rights over the Product(s).

If you violate this license by giving, selling, or otherwise distributing the Product(s) to any third party, Jessica Compton Co. reserves the right to invoice You for the licenses You have distributed, revoke Your access to the Product(s) permanently, and/or pursue legal action for any and all damages.

NO WARRANTIES

JESSICA COMPTON CO’S PRODUCT(S) ARE PROVIDED “AS IS”. THE COMPANY OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY DOCUMENTS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OBTAINING MATERIALS AVAILABLE THROUGH THESE SITES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. JESSICA COMPTON CO. MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.

LIMITATION OF LIABILITY

In no event shall Company be liable under this Agreement to Purchaser or any other third-party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Purchaser was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

MAXIMUM DAMAGES

The sole remedy for any actions or claims shall be limited to and shall not exceed the total monies paid by Purchaser for the Product(s) it purchased under this Agreement from Company.

NO GUARANTEES

Company does not make any guarantees as to the results, including financial or other personal or business gains, of any Product(s) purchased by Purchaser.

SALES TAXES

Should any sale and/or use tax be imposed on any part of Your purchase, such tax shall be collected from You and remitted by Company. All sales tax will be included in the checkout.

ENTIRE AGREEMENT

This is a binding Product Purchase and Use Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.

VENUE & JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Utah including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in Salt Lake County, Utah. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.

ARBITRATION

Any and all disputes or disagreements arising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Salt Lake County, Utah unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

SEVERABILITY & NO WAIVER

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.

TRANSFER

This Agreement cannot be transferred or assigned to any third party by the Purchaser without the consent of the Company.

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