This page includes most of the legal terms applicable to your use of this website and the products offered on this website.
Last Modified: November 2, 2022
“You” and “Us”
All references to “us” and similar words such as “we” and “our” (even if not capitalized) mean Cued Creative, LLC. All references to “you” and similar words such as “your” (even if not capitalized) mean the individual using this website, and if you are using this website on behalf of a business entity, it means both you and that business.
Agreement to These Terms
By using this website, you are agreeing to these terms and the other policies referenced in these terms. If you are using this website on behalf of a business entity, then you represent that you are authorized to use this website on behalf of that business and you are agreeing to these terms and the other policies referenced in these terms on behalf of both you and that business.
If you do not agree to these terms, then you may not use this website.
Please note that if you purchase or otherwise access products from us (whether free or paid), then those actions will be subject to additional terms, most likely our Product License. You should review those additional terms before purchasing or otherwise accessing products from us.
Provision of the Website
We will use reasonable efforts to ensure this website is up and running but we will not be liable for any time during which it may be down. We may modify, change, or remove, parts or all this website at any time.
Not for Children
This website is not designed for children. You may not use this website if you are under 13 years old.
[CB1] You may not (a) do anything through this website that is illegal or that diminishes our purposes or that will harm this website including using bots, scrapers, harvesters, or other automated systems, (b) take any action involving this website which constitutes reverse engineering, decompiling, dissembling, or otherwise attempting to discover the source code, object code, or underlying structure or algorithms, of this website, (c) resell or otherwise make this website available to third parties without our express permission, or (d) use this website if we have restricted or terminated your use of this website, or if your use of this website will violate another contract.
The content on this website is general in nature and does not constitute any form of licensed advice.
Our Intellectual Property Rights
This website (including all design, software, code, and other content on this website) are either owned by us, licensed to us, or likely owned by another individual or business, and may be protected by copyright, trademark, trade secret, patent, or other intellectual property laws. As between you and us, we own all the foregoing. Your use of this website does not grant any rights to you other than the right to use this website for its intended purpose as outlined in these terms.
We respect intellectual property rights and it is our policy to comply with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe content on this website infringes your copyright (or the copyright of someone which you are authorized to represent), please submit a DMCA Notice to us at email@example.com.
Your DMCA Notice must include all the following:
Identification of the copyrighted work that you claim has been infringed.
Identification of the material that is claimed to be infringing and specifically where it is located on this website.
Sufficient information for us to contact you such as your address, phone, or email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
If you click on any links that take you away from this website, then you use those other sites and services at your own risk.
Disclaimers & Limitations of Liability
This website is offered on an “as is” and “as available” basis without any representations or warranties of any kind. This website may not be fully operational at all times. We do not represent or warrant that the content on this website is accurate or complete. We will not be liable to you or any third party for any indirect, special, incidental, consequential, cover, or punitive damages (including lost profits or revenues, loss of data, loss of use, or costs of obtaining substitute goods or services), arising out of or in connection to this website or any links provided on this website.
These disclaimers and limitations of liability apply to your use of this website. Please note that if you purchase or otherwise access from us (whether free or paid), then those actions will be subject to additional disclaimers and limitations of liability. You should review those additional terms before purchasing or otherwise accessing from us.
Last Modified: November 2, 2022
This Product License requires users to use arbitration on an individual basis to resolve disputes rather than using jury trials or class actions. This Product License contains exclusions, disclaimers, and limitations of liability. Please read this Product License carefully.
What is a “Product”
For clarity, “Product” means any goods or memberships we provide or sell through this website or any related platform which reference this license. “Product” includes free downloads such as workbooks, videos, templates, and the like, as well as paid products such as workbooks, videos, templates, courses, memberships, and the like.
Some Products we offer are sold directly on our website, while others are sold on related platforms which we use to make your experience better (for example, Kajabi).
To purchase a Product, you will be required to provide payment information to us or the other platform. By providing that payment information, you are authorizing us and those platforms to charge your payment information for the Products you purchase. If your purchase contemplates multiple payments (either installments, or subscription payments), then we or the platform will use your payment information to make those charges as well. In those instances, you must ensure that your payment information remains valid so that we can make those charges. If your payment information is declined for any reason, then we may terminate your rights to use the Products.
Except as provided in this license, all fees must be paid in advance, are non-cancelable, and non-refundable. All fees are exclusive of taxes and similar government assessments of every nature and form, all of which must be paid by you.
(We may also offer free, promotional Products, in our sole discretion. We may withdraw your right to use any one or more of such promotional Products at any time, for any reason, with or without notice to you.)
If you are permitted to us any portion of our services which involves community interaction (such as access to a member forum), then you must comply with all community rules which we enact with respect to such participation. Regardless of what those community rules may contain, you must conduct yourself in a professional manner at all times while interacting with the community features.
You are responsible for everything that happens through your account. You must keep your account credentials private and may not allow other people to use your account.
You may terminate your user account (and/or your use of Products you purchase) at any time, subject to the other provisions in this license.
If you Purchase a Product using installment payments, and you terminate your user account before making all installment payments to us, then all unpaid installments will become immediately due upon your termination. We may charge your payment information for all such unpaid installments upon that termination.
If you purchase a Product that involves subscription payments, and you terminate your user account while your subscription is active, then you will be responsible for paying us all subscription fees until your then-current subscription period ends (which may be monthly, annually, or a different term). In most situations, you will have already paid for that subscription term, which means you will not owe us additional subscription fees (but we will not be required to issue a refund for the unused portion of your subscription).
License to Use the Product
If you purchase (or otherwise access, with our permission) a Product from us, then we automatically grant you a limited license to use the same in accordance with this license.
What You Can Do
The license we grant you to use the Product includes only the rights contemplated in this section.
Save and duplicate your copy of the Product for your own use.
Fill in the blanks in your copy of the Product for your own use.
Edit your copy of the Product for your own use.
For Products which are clearly intended to be displayed publicly (for example, a website template), you can display the same publicly, including any edits you make to the same.
Exercise these rights anywhere in the world, an unlimited number of times, with or without attribution to us.
What You Cannot Do
The license we grant to you to use the Product is limited.
You cannot do any of the following:
Share the Product with a third party, except as expressly permitted by us.
Make the Product publicly available to one or more third parties (for example, don’t make it available for download online).
Sell the Product, assign your license, or sublicense your rights in this license, to any third party.
Create any derivate work using all or any portion of the Product which is then shared, sold, or licensed, to third parties.
Take any action to indicate that you own the copyright to the Product.
Use the Product in any way which is libelous, slanderous, or otherwise defamatory, illegal, obscene, or indecent.
Use the Product in any manner not permitted in this license.
Payments for Sharing Paid Products
If you share a paid Product with a third party in a manner not permitted in this license, and that third party uses that Product or exercises any of the rights in this license without purchasing the same, then we may invoice you for such use at the then current purchase price and you shall pay the purchase price for that third party user.
Termination for Breach
If you breach any provision in this license, then we may terminate the license granted to you and we will not have any obligation to refund your purchase price. Upon such termination, you shall immediately cease all future uses of the Product and all rights granted to you in this license will automatically be revoked.
We Own the Products
Your purchase (or otherwise accessing) of a Product does not constitute any assignment or transfer of ownership of the Product (or underlying intellectual property to the same). For clarity, as between you and us, we own and will continue to own all Products and all underlying intellectual property, including copyright to the same.
DISCLAIMERS & LIMITATIONS OF LIABILITY
***THIS SECTION IS IMPORTANT. YOU SHOULD READ IT.***
All references to “us” (and similar words such as “we” and “our”) in this section mean us and our parents, subsidiaries, and affiliates, and the respective owners, directors, officers, managers, employees, contractors, and other representatives, of us and our parents, subsidiaries, and affiliates.
Except as expressly provided in this license, the following provisions will apply to all Products you purchase (or otherwise access).
All Products are offered on an “AS IS” and “AS AVAILABLE” basis without any representations or warranties of any kind.
Without limitation, we do not represent or warrant that (a) the information in the Products is free from error; (b) the functionality of the Products will be uninterrupted, secure, or free of errors; (c) defects in the Products will be corrected; or (d) that the Products or the equipment the Products use are free of viruses.
To the fullest extent permitted by law, we disclaim all representations and warranties (express, implied, and statutory), including the implied warranties of merchantability, title, fitness for a particular purpose, accuracy of data, and non-infringement; and also all liability for identity theft and other misuse of your identity or content.
We do not vet content submitted by users of our Products and we do not represent or guarantee that any such content is truthful or accurate or that you will have any right to use that content.
We do not warrant, endorse, guarantee, or assume responsibility for, any product or service advertised or offered by a third party on our services, or for any other websites or applications which are linked to or referenced in our services. If you use or purchase any such products or services, or if you click on any such links, you do so at your sole risk.
We will not be liable to you or any third party for any indirect, special, incidental, consequential, cover, or punitive damages (including lost profits or revenues, loss of data, loss of use, or costs of obtaining substitute goods or services), arising out of or in connection to the Products or any links provided in our services.
All limitations of liability in this license will apply regardless of whether you or the third party bases your/its claim on contract, tort, strict liability, or any other legal theory, and whether we knew or should have known about the possibility of such damages.
All limitations of liability in this license will apply to the fullest extent permitted by law.
Subject to the limitations of liability in this license, our liability to you or any third party will not exceed the amount you paid for the Products, or if the claim does not relate to a purchase, then $100.
Any cause of action or claim which you may have which arises out of or in connection to the Products must be brought (if at all) within one year after the cause of action or claim accrued. Otherwise, such cause of action or claim will be permanently barred.
All of the foregoing limitations will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law.
Some jurisdictions do not allow certain disclaimers, limitations of liability, and exclusions. To the extent such jurisdictions’ laws are applicable to your use of the Products, such disclaimers, limitations of liability, and exclusions, will be limited to the extent permitted by the applicable law.
LEGAL CONTENT & PRODUCTS
***THIS SECTION IS IMPORTANT. YOU SHOULD READ IT.***
Some of our Products contain legal content such as legal education content, contract templates, and the like. All Products we sell which are related primarily to legal matters are subject to these additional provisions in this section of this license (under the section header Legal Content & Products).
No Attorney-Client Relationship
Cued Creative is not a law firm. It does not provide legal advice to individuals or businesses. However, Cued Creative works with legal professionals from Pixel Law LLC to create and offer legal education content and products.
Purchasing (or otherwise accessing) a Product does not create an attorney-client relationship between you and any provider of that Product (including Cued Creative or Pixel Law). It does not make Cued Creative or Pixel Law your lawyer. It does not make you a client of Cued Creative or Pixel Law. It is strictly a business transaction in which you are buying legal education content and/or legal templates which you can fill in, edit, and use, just as you would if you purchased similar content or templates from a local bookstore or elsewhere online.
If you are (or have previously been) a client of Pixel Law (as evidenced by signing an engagement letter with the law firm), then your purchase of a Product falls outside of your attorney-client relationship with the firm and its attorneys.
Additional Rights/Restrictions for Legal Products
If you purchase a contract template from us, then in addition to your other usage rights in this license, you may present a filled in version of the template to the other party in your transaction (and to related parties such as attorneys, advisors, and subcontractors) for their review, negotiation, editing, and signing.
In addition to the other restrictions in this license, you may not take any action to indicate that Pixel Law or its attorneys (or Cued Creative) represent you as legal counsel with respect to any Products you purchase from us.
Protections for Pixel Law
Pixel Law LLC and its attorneys are third-party beneficiaries of every provision in this license. All provisions in this license which are intended to benefit Cued Creative are hereby extended to protect Pixel Law LLC to the same extent. For clarity, Pixel Law LLC is included in the defined term “Protected Party” below.
You shall indemnify us and our parents, subsidiaries, and affiliates, and the respective owners, directors, officers, managers, employees, contractors, and other representatives, of us and our parents, subsidiaries, and affiliates (the “Protected Parties”) against all reasonable expenses including attorneys’ fees, costs, and damages of every kind (the “Losses”) arising out of any suit, claim, investigation, or proceeding, which is t[CB1] hreatened or brought against us, related to your (a) use of any one or more Product (b) breach of this license or any other policies referenced in this license, (c) submission of content that violates third party rights or applicable laws, or (d) violation of applicable law. We may, at your expense, assume the exclusive control and defense of any such matter. You shall cooperate, at your expense, with our control and defense of any such matter. You shall not settle any such matter without our prior written consent.
If a dispute arises between you and any Protected Party (defined above) related to our Products, this license, or any policies referenced in this license, then the dispute will be resolved by binding arbitration rather than in court (arbitration does not involve a judge or jury and court review of arbitration awards is limited). To initiate an arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent on file with the Kansas Secretary of State. The arbitration proceedings will be held in Johnson County, Kansas, USA, or virtually if both you and we agree to virtual arbitration.
If this agreement to arbitrate is found not to apply to your claim, then both you and we agree that any judicial proceedings will be brought in accordance with the legal provisions below.
Notwithstanding the agreement to arbitrate above, we may assert a claim seeking injunctive or other equitable relief from any court as necessary to stop unauthorized use or abuse of our Products or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration.
CLASS ACTIONS ARE PROHIBITED: All claims, including all arbitration claims, must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations, are not allowed.
Governing Law & Jurisdiction
Your purchase and use of our Products, this license, and all policies referenced in this license, will be governed by and construed in accordance with the laws of Kansas excluding its conflict of law principles. With respect to any dispute arising out of or related to any of the foregoing, both you and we consent to jurisdiction in, and the exclusive venue of, the state courts in Johnson County, Kansas, USA, or when applicable in the U.S. District Court having jurisdiction over that county.
Waiver of Jury Trial
You and we each waive trial by jury in all actions, proceedings, or counterclaims brought by either party against the other on any matter arising out of or in any way connected to this license and all policies referenced in this license.
Our Termination Rights
We may temporarily or permanently terminate the license we grant to you if you violate any provisions in any terms or agreements which you have with us. We may exercise those rights at any time, for any reason, in our sole discretion, with or without notice to you.
This license and all policies referenced in this license (if applicable to you), contain the entire agreement between you and us related to your purchase and use of our Products, this license, and all policies referenced in this license, and supersede all prior discussions and agreements (whether oral or written) by you and us related to the same.
Any failure or delay by us to exercise any right or remedy in this license will not operate as a waiver of the same. Any waiver by us of a breach by you of any provision in this license will not operate as a waiver of any subsequent breach. Any waiver by us will not be effective unless and until it is in written form and signed by us.
Each provision in this license will be treated as separate and independent of the other provisions. Accordingly, if a court with competent jurisdiction declares a provision unenforceable, then the provision will be limited to the minimum extent necessary so that it remains enforceable. If such amendment is not possible, then the unenforceable provision will be deemed removed from this license, but the remaining provisions will remain in full force.
You may not assign your rights or obligations in this license or any policies referenced in this license without our prior written consent. Any attempted assignment by you will be null and void. We may assign our rights and obligations in this license at any time, for any reason, with or without notice to you.
Power to Amend this License
The provisions in this license will apply to Products you purchase or otherwise access.
If we amend this license in the future, then the amended version will apply to Products you purchase or otherwise access in the future.
However, if your Product includes on-going services (such as ongoing courses, member forums, and the like), then the amended versions will become effective as follows: (a) for amendments that do not materially alter your rights or obligations, immediately when they are posted on the website or are otherwise sent to you, or (b) for amendments that materially alter your rights or obligations, upon the earlier of (i) your continued use of the on-going services with actual knowledge of the amendments, or (b) 30 days after the amendments are posted on the website or are otherwise sent to you.
Unless otherwise required by these this license or by law, you may contact us at firstname.lastname@example.org.
After purchase, you will be granted access to our online course. Most courses contain videos and downloadable PDFs.
After purchase, you will receive a confirmation email of your purchase. On the day the doors open to the course, you will receive an email granting you access to the online course.
Digital Products and Workbooks
After purchase, you will be redirected with download links to your digital products. You will also receive an email with the links to download your purchased digital products.
Due to the nature of the products and services we sell, we do not offer refunds. Notwithstanding the foregoing, if a specific product or service page (or associated checkout process) offers a refund option for that specific product or service, then we will honor that refund option with respect to that specific product or service. If you have any questions with respect to your purchase or payment, please reach out to email@example.com.
CHARGEBACK PREVENTION POLICY
If you initiate a chargeback, merchant dispute, or other proceeding with your financial institution with respect to a valid purchase you make from us, then we may share all information and documents with your financial institution for the purposes of defending our right to collect (and retain) your payment for the purchase.
If you are successful in obtaining a chargeback (or similar refund) because of the proceeding, then we may invoice you for the full unpaid purchase price of all products and services which you received from us and you shall pay us all valid amounts in that invoice within 30 days of receipt. If you do not timely make that payment, then we may pursue all remedies available to us, including instituting legal action in any court with competent jurisdiction to enforce our right to receive that payment. If we are successful in any such proceeding, then you shall reimburse us for all our reasonable costs and expenses (including attorney’s fees) we incur in seeking that payment from you.
Novemeber 2, 2022