This Agreement (“Agreement”) is made effective by and between Cherry Tree Lane Analytics DBA PilotSong Sustainability (the “Company”) and purchaser of digital product(s) (hereafter “Client”), for the purpose of Client purchasing a digital product (the “Product”) from Company’s online store. Client agrees to the terms and conditions below by checking the box in the online shopping cart checkout and/ or submitting payment for the Product.
After purchasing the digital product, Client will be given access to the product materials through a download delivered in their email. Company hereby grants to Client one (1) non-sublicensable, non-transferable license to use the Product. Client agrees that Product materials may not be shared with any third party. In the event Company finds that the Product is being shared with another party, Company reserves the right to immediately terminate Client’s access to the product.
Client may use the Product for their own personal and/ or business use and may modify the files as they see fit. Client is not obligated to credit Company for the copy in the Product that they use or post publicly.
In consideration for access to the Product provided by Company, Client agrees to compensate Company the fee indicated on the online shopping cart. If a payment method is declined by the online payment processor, Client shall provide a new, eligible payment method before receiving access to the Product. In the event Client has already been given access to the Product and a payment method is declined, Company reserves the right to collect any and all outstanding receivables.
30-day money-back guarantee. You may request a refund anytime within 30 days from date of purchase if you’re not satisified with the product. Please use the Contact form to request a refund.
By purchasing the Product, Client will be asked to provide personal information including their name, email address, and mailing and billing address. Client agrees to allow Company access to this information for all lawful purposes such as payment processing. Client is responsible for the accuracy of the identifying information and maintaining the security of their identifying information.
The billing information provided to the Company by Client will be kept secure and is subject to the same confidentiality and accuracy requirement as Client’s identifying information indicated above. Providing false or inaccurate information, or using the product for fraud or unlawful activity, is grounds for immediate termination from the Product.
The Company makes every effort to ensure that the Product is accurate and appropriate for use by Clients; however, the Company takes no responsibility whatsoever for the suitability of the Product, and Company provides no warranties as to the function or use of the Product, whether express, implied or statutory, incuding without limitation any warranties of merchantability or fitness for particular purposes. Client agrees to indemnify Conpany against all liabilities, claims, demands, expense, actions, costs, damages or loss arising out of Client’s breach of these terms and conditions. The Company shall not be liable to Client or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise, whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
Company does not make any guarantees as to the results, including financial or other gains, of Client’s use of the Product. Client agrees to take responsibility for Client’s own results with regard to using the Product.
Client has spent a satisfactory amount of time reviewing the Company’s business and has a reasonable expectation that the Company’s Product will produce different outcomes and results for each Client. Client understands and agrees that every Client and final result using the Product will be different.
This is a binding Agreement that incorporates the entire understanding of the parties, supercedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties.
Any and all disputes or disagreements rising between the parties out of this Agreement upon which an amicable understanding cannot be reached shall be decided first by mediation and if mediation is unsuccessful, then 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 Baltimore County, Maryland unless another location is mutually agreed upon 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.
This Agreement cannot be transferred or assigned to any third party without written consent of both parties. 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.
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