Terms & Conditions for Purchases
Last modified 01/14/2023
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM OUR WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH THE CREATIVE LAW SHOP®, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.shopcreativelaw.com (the “Site”) pages and accounts on Facebook®, Twitter®, LinkedIn®, Google Plus®, and YouTube® (the “Sites). Please read both these Terms, our Terms of Use, and our Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. We may modify these Terms from time to time, and any modifications will be effective immediately when we post them. All changes we make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your purchase of any product or services that are available through this Site means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.
Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders, in our sole discretion. After you place an order through www.shopcreativelaw.com, you will automatically receive the contract template download.
Prices and Payment Terms.
(a) All prices posted on this Site are subject to change without notice. The price charged for the product or service you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Listed prices do not include taxes or charges for shipping and handling. You will have notice of all such taxes and charges by reviewing your merchandise total in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Shipments; Delivery.
(a) You will receive automatic downloads for your contract templates, followed by a link to your Instructions for Use and corresponding video tutorial approximately 7 days following. You are expressly responsible for notifying us if you do not receive your template, instructions, or video tutorial.
Returns and Refunds.
Due to the nature of online digital products, no refunds are allowed under any circumstances.
LIFETIME UPDATES AND ACCESS TO YOUR PORTAL
“Lifetime Updates” Defined.
“Lifetime updates” are defined as updates made by The Creative Law Shop® to templates sold by The Creative Law Shop®, in the The Creative Law Shop®’s sole discretion, for the duration determined by The Creative Law Shop®. The Creative Law Shop® may cease providing lifetime updates at any point chosen by The Creative Law Shop®.
Customer Rights To Lifetime Updates.
We endeavor to provide “lifetime updates” to our customers, which includes periodic updates to contract templates. When, or if, templates are updated, the updated version is uploaded into your online portal. It is your responsibility to review your portal for updated templates. You expressly agree and understand that The Creative Law Shop® will not be responsible for notifying you of updates.
You are not entitled to demand updates to any templates, goods, or services purchased through The Creative Law Shop®. Any updates to templates are made in The Creative Law Shop®’s sole discretion.
Expiration Of Lifetime Updates.
You agree and understand that while we make best efforts to provide updates to our templates, we cannot guarantee the frequency or duration of those updates. If we determine to stop providing lifetime updates, we will make reasonable efforts to notify you.
Access To Your Portal.
The Creative Law Shop® is committed to providing you with ongoing access to your portal as long as is commercially practicable, or in the control of The Creative Law Shop®. In the event we discontinue a service through which you access your portal or your lifetime updates, experience a change of control within The Creative Law Shop® or a force majeure event that impacts our ability to provide such access, we will endeavor (but cannot guarantee our ability) to provide a reasonable alternative.
The Creative Law Shop® customer portals are hosted on a third party platform. The Creative Law Shop® has no ownership interest in the third party platform. While The Creative Law Shop® will make best efforts to facilitate your access to your portal, we cannot control access to your portal, and cannot guarantee what, if any, notice is provided prior to any independent action taken by the third party platform, such as shutting down the platform.
THE CREATIVE LAW SHOP EXPRESSLY DISCLAIMS AND DOES NOT PROMISE LIFETIME ACCESS TO ANY PRODUCTS OR SERVICES SOLD BY THE CREATIVE LAW SHOP®. UPON PURCHASING, YOU ARE SOLELY RESPONSIBLE FOR DOWNLOADING AND SAVING ANY PRODUCTS PURCHASED FROM CREATIVE LAW SHOP®.
To the extent permitted by applicable laws, you agree to defend, indemnify, and hold harmless The Creative Law Shop®, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever, including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements which any of them may incur or become obligated to pay arising out of or resulting from the closure of access to your portal. You agree and covenant that you may not, at any time, make, publish, or communicate to any person or entity or in any public forum any defamatory, or maliciously false or disparaging remarks, comments, or statements concerning The Creative Law Shop® as relating to this Agreement, now or in the future.
CUSTOMER SUPPORT
While we will make every effort to facilitate ease of use of purchases from our company, The Creative Law Shop® at no time makes any guarantee to customer support, including but not limited to questions about your purchase, assistance with implementing your template, email support, access to our team, or access to your portal.
LIMITATION OF LIABILITY.
Limitation of Liability. TO THE FULLEST EXTENT OF THE LAW, OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. The dispute resolution procedure detailed below is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
SITE CONTENT; NO ATTORNEY/CLIENT RELATIONSHIP.
You agree that, use or purchase of any product from The Creative Law Shop® does not, in any way, create an attorney-client relationship. The Creative Law Shop® is not a law firm. Furthermore, you agree that content provided our products is generalized knowledge about legal concepts and not specific legal advice. You agree that you should seek the specific advice of counsel regarding any specific legal matter that you may encounter in the operation of your business or otherwise, and agree and understand that The Creative Law Shop® is not responsible for verifying the accuracy of any products within your business, or guaranteeing compliance with the laws of your jurisdiction.
Intellectual Property Use and Ownership.
You acknowledge and agree that:
(a) Each product and service marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement posted with/made available to you through a link accompanying the display or description of that specific product or service.
(b) You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through this Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services. You will not cause, induce or permit others’ noncompliance with the terms and conditions of any of these product and service license agreements.
(c) The Creative Law Shop® is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product’s or service’s license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through this Site, or of any intellectual property rights relating to those products or services.
You may not sell, reproduce, share, or otherwise distribute any product purchased from The Creative Law Shop®. Any breach of the intellectual property rights stated herein will be prosecuted to the fullest extent of the law.
Privacy.
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
ADDITIONAL TERMS AND CONDITIONS
GOVERNING LAW. The Parties have entered into this Agreement in the State of Oklahoma and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the State of Oklahoma, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the State of Oklahoma, and that venue of any action will be located in the District Court of Tulsa County, Oklahoma.
BINDING EFFECT. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise.
To the extent permitted by applicable laws, both Consumer and Company agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.
BINDING ARBITRATION. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF OKLAHOMA, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.
EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of The Creative Law Shop®’s intellectual property rights and confidential and proprietary information by you, The Creative Law Shop® will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Creative Law Shop® may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in Tulsa County, Oklahoma, United States of America for purposes of any such action by The Creative Law Shop®.
COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
NO WAIVER. If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
FORCE MAJEURE: Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), pandemics, epidemics, or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.