Brand Ed Terms of Use

Hey there fellow small biz owner! By purchasing Brand Ed (hereinafter the “Program”), you, the purchaser (hereinafter “Student”) enter an agreement with Gem Creative Co. ("Company") and agree to the following terms:

1. Course Deliverables
The Program is an online course. Company agrees to provide the content as promised on the Program checkout page, which includes:

- 18 video lessons showing you how to uncover your brand identity, build your brand visual elements, and implement them into Canva graphics

- Linked in the course portal: 1 Canva Brand Guide template, 1 Social Media Canva template, Notion Notebook, PDF of lesson slides

Student will retain access to the Program for the life of the Program, meaning for as long as Company offers and maintains the Program. Company will provide Student with at least one month’s notice should Company need to retire the program. It is then Student’s responsibility to download all materials from the Program before the retirement date noted by Company.

2. Privacy Policy
Company's Privacy Policy is hereby incorporated by reference into this agreement. Student understands that Company will be providing educational content to Student and that Company’s obligations under this Agreement exist only while Student is a paying member of the Program. Company’s obligations will cease once Student or Company cancels Student’s membership.
Student also understands that Company is not providing one-on-one deliverables or services on behalf of Student.

3. Payment
In consideration of Student’s access to the Program, Student agrees to pay the full price of the program as listed on the checkout page at the time and date of purchase.
Student hereby authorizes Company to charge Student’s credit card or debit card automatically as part of Student’s payment plan.

4. No Refunds
Company has a strict no refund policy on the Program. Student understands and agrees to this.

5. Cancellation
Student may not cancel their payments for the Program and understands that they are responsible for paying for the Program in full upon registration. Should Student fail to make timely payment, Company may immediately suspend Student’s access to the Program and pursue whatever remedies available to collect the balance owed.
Company may cancel Student’s Program at any time for any reason.

6. No Master Resell Rights. No Personal Label Rights.
Master Resell Rights and Personal Label Rights are not available for this course. Student understands that no rights of reproduction are transferred by this Agreement. Student agrees not to create any derivative works of the content found in the Program.

7. Intellectual Property
Company owns the rights to all content in the Program such as texts in the forms of guides, books, explanations and the like, as well as other graphics, logos, images, downloads, and other like materials. Student’s participation in the Program does not transfer any intellectual property rights to Student. Company grants Student a single-use, non-exclusive, non-transferable, revocable license to any and all Program content.

8. Force Majeure
Company shall not be liable or responsible to Student, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

9. Independent Contractor
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. Company agrees only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

10. Severability
If any provision of this Contract shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Contract, and all remaining provisions shall continue in full force and effect.

11. Liability
Student absolves Company of any and all liability or loss Student may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. To the extent permitted by law, Student agrees that Company shall not be liable to Student for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.
Student shall indemnify, defend, and hold harmless Company, its parents, subsidiaries, and affiliated companies, and its and their respective employees, officers, directors, shareholders, independent contractors, and agents (each a “Company Indemnitee”) from and against any and all Loss incurred by a Company Indemnitee, including attorneys’ fees and costs, based upon or arising out of any third-party claim, allegation, demand, suit, or proceeding (each, a “Claim”) made or brought against any Company Indemnitee for any injury, property damage, trademark or copyright infringement, liability, claim or other cause of action arising out of or related to the Services and/or product(s) Company provides to Client.
Student may create or develop trademarks, in the form of taglines, slogans, logos, designs, or product and brand names (collectively, the “Marks”). Student shall ultimately be responsible for confirming availability and registering such Marks, and Company makes no promises or representations as to the availability of such Marks or that such Marks do not infringe on any third-party rights.

12. Warranty
Company makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

13. Assignment
Student may not assign this Agreement without express written consent of Company.

14. Modification
Company may modify terms of this agreement at any time. All modifications shall be posted on the product checkout page or Company’s website and purchasers shall be notified.

15. Indemnification
Student agrees 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 Student’s use of or inability to use the Program and related services, any user postings made by Student, Student's violation of any terms of this Agreement or Student's violation of any rights of a third party, or Student’s violation of any applicable laws, rules or regulations.

16. Dispute Resolution
Student expressly waives any and all claims, now or in the future, arising out of or relating to the Program. To the extent Student attempts to assert any such claim, Student hereby expressly agrees to present such claim only in the small claims courts in Bexar County, Texas.

Last Updated: December 14th, 2024


CONTACT INFORMATION

Email: hello@gemcreative.co