TERMS OF SERVICE
Effective Date: August 24, 2022
The terms “we”, “us”, and “our” refer to Studio Xhico LLC (“Company”).
The terms “Site(s)” refers to www.studio-xhico.com, www.studio-xhico.mykajabi.com, www.wetravel.com/profiles/studio-xhico-llc (“Site(s)”).
On these Sites, we provide information, products and services related to the subject matter of Design, Surface Pattern Design and Entrepreneurship, and we offer various products and services, including, but not limited to Surface Pattern Design Services, Design, Art and Photography Services, Design Products, Creative Consulting and Coaching, Design Education, Travel Experiences, the Multi Color Minds Online Membership Program, and the Selling Stock Content Online Course (collectively, “Services”).
The term “user,” “customer,” “you,” and “your” refers to visitors, users and customers of the Site and/or Service.
USE OF THE SITE AND SERVICE
To access or use the Site and/or Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Site and/or Service.
ACCURACY AND PERSONAL RESPONSIBILITY
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on the Site(s) and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on the Site(s) or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using the Site(s), you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on the Site(s) or the resources available for download from the Site(s). You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on the Site(s).
NOT PROFESSIONAL ADVICE
The information contained on the Site(s) and the resources available for download through the Site(s) is not intended as, and shall not be understood or construed as, professional advice. While the employees and/or owners of the Company are professionals and the information provided on the Site(s) relates to issues within the Company’s area of professionalism, the information contained on the Site(s) is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation.
We have done our best to ensure that the information provided on the Site(s) and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through the Site(s) should be understood as a recommendation that you should not consult with a professional to address your particular information. The Company expressly recommends that you seek advice from a professional.
Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on the Site(s) or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
NO PROFESSIONAL-CLIENT RELATIONSHIP
Your use of the Site(s) – including implementation of any suggestions set out in the Site(s) and/or use of any resources available on the Site(s) – does not create a professional-client relationship between you and the Company or any of its professionals.
The Company cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee arrangements, are resolved. Thus, you recognize and agree that we have not created any professional-client relationship by the use of the Site(s).
USER’S PERSONAL RESPONSIBILITY
By using the Site(s), you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on the Site(s) or the resources available for download from the Site(s). You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on the Site(s).
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of the Site(s) succeed in their online business and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of the Company or otherwise – applying the principles set out in the Site(s) are no guarantee that you or any other person or entity will be able to obtain similar results.
At various places on the Site(s), you may find testimonials from clients and customers of the products and services offered on the Site(s) or by the Company. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on the Site(s).
Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on the Site(s) or by the Company.
Every effort has been made to accurately represent our programs and the educational value they provide. However, there is no guarantee that you will earn any money using the techniques and ideas in these materials. When we present revenue and sales figures on our website and our other channels, we are showcasing exceptional results, which do not reflect the average experience. You should not rely on any revenue, sales, or earnings information we present as any kind of promise, guarantee, or expectation of any level of success or earnings. Your results will be determined by a number of factors over which we have no control, such as your financial condition, experiences, skills, level of effort, education, and changes within the market. Running an online business carries risks, and your use of any information contained on this website is as at your own risk. Subject to our Refund Policy, we provide content without any express or implied warranties. By continuing to use our site and access our content, you agree that we are not responsible for any decision you may make regarding any information presented or as a result of purchasing any of our products or services. Any claims made of actual earnings or examples of actual results can be verified upon request.
You may use the Site and/or Service for lawful purposes only. You agree to be financially responsible for all purchases made by you. You agree to use the Site and/or Service and to purchase services or products for legitimate purposes only. You shall not post or transmit through the Site and/or Service any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
In order to use the Site and/or Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any account information you provide on the Site or to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site and/or Service, violate any laws.
REFUSAL OF SERVICE
We reserve the right to refuse access to the Site and/or Service to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you violate these Terms of Service or other Agreements governing your use of the Site and/or Service.
Most orders are processed and shipped within three business days after the order is received, not including custom orders. Depending on season, size of order, and number of current orders, an order may take longer to ship. Rush orders are available by special request and may incur additional charges for production or shipping costs.
Domestic orders are shipped via USPS, UPS, or FedEx for price as stated at checkout on website. International orders are shipped via USPS, UPS, FedEx, DHL, or via other International Shipping Services for price as stated at checkout on website. You are responsible for all duties, custom tariffs, taxes, and VATs.
The Company is not responsible for delayed shipping of products caused by the shipping carrier or for products that are lost or damaged in transit.
If you order a digital product (i.e., an online course or digital print), our products are delivered to you online in a digital format (i.e., no physical products are shipped to you). Some courses may require you to create an online account with your personal information to access the course.
Refunds for your purchase are not available. You agree to make timely and full payments to the Company for your purchase.
THE MULTI COLOR MINDS ONLINE MEMBERSHIP: ACCESS, PAYMENT POLICY, REFUND POLICY AND CANCELLATION POLICY
In addition to the terms set forth herein, the following terms apply if you purchase or access the Multi Color Minds Online Membership:
Access: The Multi Color Minds Online Membership (“Membership”) is an online subscription service. The Membership is for your own personal use, not for agencies or companies. You agree not to share access to or the contents of the Membership with anyone who is not a customer of record with the Company. In order to use the Membership, you will be required to create an account by providing information about yourself including your name, email address, username and password and other personal information. Your access to the Membership may be revoked, without refund, for failure to abide by these Terms of Service or for failure to make timely and full payments to the Company for your purchase of the Membership.
Payment Policy: You agree to make timely and full payments to the Company for the Membership (regardless of whether you select to pay for the Membership monthly or annually). You authorize Company to automatically charge the credit card on file for any and all Membership balances owed and you agree to keep this information current and up-to-date with the Company. If any payment is insufficient or declined for any reason, Company may remove you from the Membership without liability or refund.
Refund Policy: Refunds for your purchase of the Membership are not available.
Cancellation Policy: Your Membership can be cancelled at any time by logging into your private membership portal. If you wish to cancel, you must do so before your next billing date which will be the same day each month (if the monthly plan was selected) or the same day each year (if the annual plan was selected). Please make note of the day of the month (or year) that your membership renews. Refunds are not available once the payment has been processed. Membership pricing is locked in at the time of enrollment. If you cancel your Membership and return in the future, the fees will be subject to the price of Membership at the time of repurchase.
You agree that the Company has the right to use your feedback whether in the form of emails, surveys, comments, discussions in forums, social media, coaching calls, or otherwise, for the purposes of marketing or promoting its Sites and Services.
You agree that the Company may use any images, audio recordings or video recordings of you obtained while enrolled in the Course or Membership or while engaging with us on our Sites or on social media. You waive any right to payment, royalties or any other consideration for the use of such images, audio recordings or video recordings. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which you, your heirs, representatives, your estates have or may have by reason of this authorization.
You understand that given the group format of the Membership and Course, information provided or shared with the Company or other participants, whether in the form of comments, discussions in forums, social media comments, coaching calls, webcasts, or otherwise are not confidential.
YOUR USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK. ANY SERVICE AND/OR INFORMATION PROVIDED BY THE SITES AND SERVICES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THE SITES AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SITES AND SERVICES OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS TO SITES AND SERVICES AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITES AND SERVICES, OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE SITES AND SERVICES.
The Company may share the successful results of its users or customers on the Site(s) and/or Service(s). Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Site and/or Service, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Site and/or Service is a promise, warranty or guarantee to you of such results.
You agree to conduct yourself in a dignified and professional manner and will not engage in any activity that is detrimental to the health, safety and welfare of other Membership and/or Course participants, customers or community members. You acknowledge and agree that the Company reserves the right to remove you from the Membership and/or Course, the Site(s) or group forums, without reimbursement or liability, if Company, in its sole discretion, determines that your behavior creates a disruption or hinders the enjoyment, safety or well-being of other participants.
Any and all costs associated with attending any live event(s) hosted by the Company (including without limitation, travel to and from the event(s), such as airfare, transport to/from the airport, additional meals, etc.) are your sole responsibility. You assume all risk and/or liability that may arise or be incurred with attending and participating in the live event(s). It is recommended that you secure your own insurance (for example, health and travel) to cover losses caused by your own negligence or the negligence of others in connection with the live event(s).
Any indication that you will have lifetime access to our Services is for the lifetime of that Service. If for any reason, the Company should dissolve, cease to exist or otherwise retire Services, then your access to that Service will terminate, without refund or liability on Company’s behalf.
ERRORS, INACCURACIES, AND OMISSIONS
Information provided on the Site and/or Service is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the provided information.
OUR INTELLECTUAL PROPERTY
The Site and/or Service contain intellectual property owned by the Company (“Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site and/or Service, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you are caught violating this intellectual property policy.
LIMITATION OF LIABILITY
To the extent permitted by law, WE WILL not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims.
THIRD PARTY WEBSITE AND RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Site and/or Service. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
From time to time, Company may include affiliate links on its Site(s) and/or Service(s). This means that if you purchase an item using an affiliate link, the Company may earn a commission. Affiliate links will be highlighted in some manner so as to disclose the affiliate relationship.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site and/or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
The Terms of Service shall be governed by the laws of the State of California.
We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service, by agreeing to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Modesto, California. Any costs and fees other than attorney fees associated with the mediation will be shared equally by the parties. If the dispute is not resolved within 30 days after it is referred to the mediator, any party may take the matter to court.
If any court action is necessary to enforce this Terms of Service, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
EFFECT OF HEADINGS
The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
We reserve the right to update any portion of our Site and/or Service, including these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Site. If you have provided us your email address, we will also email you to let you know of material amendments to our Terms of Service. Any use of the Site and/or Service by you after an amendment is made means you accept these amendments. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms of Service. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
HOW TO CONTACT US
If you have any questions about this Terms of Service, please contact us at:
Studio Xhico LLC
PO Box 774, Oakdale, CA, 95361