This Digital Product Agreement (hereinafter referred to as “Agreement”) is made effective by and between Dianne M. Daniels, CEO & Founder of Diva Style Ministry, LLC (hereinafter referred to as the “Company”), and the purchaser of the digital product (hereinafter referred to as the “Client”), for the purpose of the Client purchasing digital products from the Company’s online shop (collectively, the “Product”). By checking the box in the online shopping cart checkout or by submitting payment for the Product, the Client agrees to the terms and conditions set forth below.
- Digital Product Usage
Upon purchase, the Client will receive access to the Product materials within 72 hours via a download link delivered to their email. The Client is granted lifetime access to the materials, provided the Product remains available. The Company hereby grants the Client one (1) non-exclusive, non-sublicensable, and non-transferable license to use the Product. The Client is prohibited from sharing the Product with any third parties. Should the Company suspect unauthorized sharing, it reserves the right to terminate the Client’s access immediately.
The Client is permitted to use the Product for both personal and business purposes and may alter the material as deemed necessary without the obligation to credit or tag the Company.
- Fees & Payment Processing
The Client agrees to pay the fee listed in the online shopping cart as compensation for access to the Product. Should any payment method be declined by the online payment processor, the Client must provide an alternative payment method to gain access to the Product. In instances where access has already been granted but a payment method is declined, the Company reserves the right to pursue outstanding payments.
- Refund Policy
Given the immediate accessibility of digital products upon purchase, the Company does not offer refunds under any circumstances.
- Personal Information
The purchase process requires the Client to provide personal details, including name, email, and addresses. The Company may use this information for lawful purposes. The Client bears responsibility for the accuracy and security of their information and must notify the Company of any changes.
5. Warranties and Liability
The Company endeavors to ensure the Product’s accuracy and suitability but does not guarantee the Product’s fitness for a particular purpose. The Company disclaims all implied warranties and shall not be liable for any indirect or consequential damages. The Client agrees to indemnify the Company against any liabilities arising from breach of this Agreement.
6. Force Majeure
Events beyond the reasonable control of either party, such as natural disasters or acts of war, will excuse the affected party from fulfilling its obligations under this Agreement.
7. Guarantees
The Company makes no guarantees regarding the outcomes of using the Product. The Client is responsible for their own results.
8. Release & Reasonable Expectations
The Client acknowledges having reviewed the Company’s offerings and understands that results may vary. The Product is intended for a wide audience, and each Client’s experience is unique.
9. Entire Agreement
This Agreement constitutes the complete understanding between the parties, superseding all prior agreements. Amendments must be written and attached to this original Agreement.
10. Venue and Jurisdiction
This contract is governed by the laws of the State of Connecticut, with any arbitration to occur within Connecticut. Both parties are responsible for their own legal fees should enforcement of this Agreement become necessary.
11. Mediation and Arbitration
Disputes shall be resolved firstly through mediation and, if unsuccessful, through arbitration according to the American Arbitration Association’s rules. Arbitration will take place in Connecticut, with costs shared equally.
12. Transfer
This Agreement cannot be transferred or assigned without written consent from both parties.
13. Severability
If any part of this Agreement is deemed unenforceable, the remainder will remain in effect. Failure to enforce any provision does not waive the right to enforce any other part of this Agreement.