License Agreement and Terms of Sale 

 

Acceptance of the License Agreement and Terms of Sale

These Terms of Sale and License Agreement ("Agreement") are entered into by and between you and Jebeh Cultural Consulting, LLC ("Company", "we" or "us") and apply to the purchase and sale of any materials or services offered on, through, or by the Company at jebehedmunds.com (the “Website”).

 

Please read this Agreement carefully. You agree to be bound to this Agreement by placing an order for any materials, licenses or services on or through the Website, or by clicking to accept or agree to this Agreement when the option is made available to you. You also agree to be bound by the Company’s Privacy Policy, found at https://jebehedmunds.com/privacy-policy, which is also part of this Agreement. Do no use or make any purchases through the Website if you do not agree to be bound by this Agreement. 

 

Materials and Services

We offer a variety of lesson plans ("Lesson Plans"), workshops ("Workshops"), videos ("Videos"), instructional courses (“Course”) and/or other materials (collectively, the "Materials").  

 

Academic Criteria

The Materials are not designed to satisfy any academic criteria established by an accredited educational institution or any school district or governmental authority. 

 

Acceptance of Purchases and Cancellation

Checking out on our Website creates an offer by you to purchase a License to use all of the Materials included in your order. We accept your offer when the transaction is completed by sending your order to you. Acceptance may be by digital or physical delivery of the Materials, depending on the type of the Materials and the method of delivery you select. All orders must be accepted by us or we will not be obligated to sell the Materials to you. Please note that we do not accept an order if physical stock is unavailable, or for other reasons we reserve in our sole discretion. We will send you a confirmation email with your order number and information about your purchase. If your purchase is for electronic materials, we will email the Materials to you or send you instructions so that you may download the Materials yourself.

 

Deadline to Use the Materials

Video courses remain available to you for a period of 75 days from the date on which you place your order for any Course. 

 

Prices and Payment

All prices posted on the Website are subject to change. The price charged for the Materials you order will be the price in effect at the time you place your order. We reserve the right to change prices at any time, so future orders may be at a different price. The prices listed on the Website do not include taxes or shipping, which will be added to your order during the checkout process. Please understand that 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.

 

All Materials are licensed or purchased, as applicable, for a one-time fee unless otherwise noted in the description of the Materials.

 

Payment must be received by us before our acceptance of an order. We accept Paypal, VISA or MASTERCARD for all purchases. By placing 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. We reserve the right to change payment terms or processes in the future in our discretion.

 

License to Use the Materials/Intellectual Property Use and Ownership

By completing a purchase on the Website, you receive a non-exclusive, non-transferrable, license to use the Materials for you alone. In other words, you are purchasing a license for a single individual to take a Course or use any other Materials. Copying is strictly prohibited. Your license agreement is for the version of the Materials which you purchase. Your license does not entitle you to any updates, changes, edits, or other Materials produced by the Company in the past or in the future. 

 

You may not reproduce, post, or make available the Materials in a publicly-accessible method or medium. You may not modify, transform, or expand the Materials. Any and all changes, derivative works, or other materials you create from the Materials will be the sole property of the Company, and you agree to execute any assignment required by the Company to effectuate the assignment of any such work to the Company. You may not copy, sublicense, or resell any part of the Materials. You will not cause, induce or permit others' noncompliance with the terms and conditions of any license agreement.

 

We are and will remain the sole and exclusive owner of all intellectual property rights in and to the Materials and any related specifications, instructions, documentation or other materials. Our ownership of the intellectual property rights includes, but is not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted for the Materials to you by us. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Materials made available through the Website.

 

Your license to use the Materials may be terminated by us if you violate this Agreement. Upon receiving notice of such termination, you agree to delete and destroy any of the Materials in your possession or control. 

 

Infringements

We have the sole and exclusive right, in our discretion, to institute and prosecute lawsuits against you or third-parties for infringement of our rights licensed under this Agreement. All sums recovered in any such lawsuits, whether by judgment, settlement, or otherwise, shall be the sole property of the Company. You agree to fully cooperate with us in the prosecution of any suit against a third party and will execute all papers, testify truthfully on all matters, and otherwise cooperate in every way necessary and desirable, in our sole discretion, for the prosecution of any lawsuit. 

 

Delivery of Materials

We will provide you with instructions to download the Materials upon acceptance of your Order and receipt of your payment. Please note that most Materials are available in electronic format only for you to download, and are not available in hardcopy. We do not send physical media containing electronic materials.

 

You bear the risk of loss for downloading and storing the Materials you purchased from us. We do not provide internet access, tech support, computer hardware, or any other services. We reserve the right to limit the period in which you can download the Materials in order to protect our Copyright. You are solely responsible for downloading and backing up the Materials on your computer or other personal device where you choose to store the Materials.

 

Cancellations and Refunds

You cannot cancel your purchase of any Materials after payment is received by the Company. Refunds are not available for the Materials unless otherwise specified in the description of the specific Materials.

 

Disclaimer of Warranties

YOUR USE OF THE MATERIALS IS AT YOUR SOLE RISK. THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

THE COMPANY MAKES NO WARRANTY THAT (I) THE MATERIALS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE MATERIALS WILL BE AVAILABLE ON A TIMELY, SECURE, OR ERROR-FREE BASIS; (III) THE LESSON PLANS WILL BE ERROR-FREE; (IV) THE MATERIALS MEET ANY NATIONAL, STATE, OR LOCAL CURRICULUM REQUIREMENTS OF ANY KIND; OR (V) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TOOLS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

 

Limitation of Liability and Remedies

WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE MATERIALS; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY MATERIALS, LICENSES AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE OR FROM THE COMPANY; (III) UNAUTHORIZED ACCESS TO YOUR DATA; OR (V) ANY OTHER MATTER RELATING TO THE MATERIALS. 

 

IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID THE COMPANY IN THE LAST SIX (6) MONTHS OR FIVE HUNDRED DOLLARS ($500).

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MATERIALS OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE TOOLS.

 

Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the use and retention of all personal data collected from you in connection with any transaction you carry out through the Website. Our Privacy Policy is available here: https://jebehedmunds.com/privacy-policy.

 

Links to Other Websites and Connecting through Social Media

Our Website may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. Inclusion of any linked website on our Website does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave our Website to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.

 

You may link to our Website, as long as you do so in a manner that makes it clear that the Website is not yours, your use is not approved by Us, and that you are not affiliated with the Website in any way. You may not use framing, deep-linking, or any other method that obscures the origin of the Website. 

 

Geographic Use Restrictions

The Website is prepared and maintained for residents of the United States. There are no warranties or representations that the Website is usable to anyone outside of the United States, or that the Website or Materials are legal for use in any other location. The Website and the Materials are not directed or intended to be used in the European Union, Canada, or any other jurisdiction.

Electronic Communications

Visiting our site or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us follow the "unsubscribe" link on the email to change your user preferences. Your electronic communications and data submitted to us as part of your use of our Website may not always be encrypted or secure. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and us or between you and other parties when using the Internet or our Website.  We are not responsible for securing your electronic communications or the devices you use to access the Internet.  We will have no liability for any damages of any kind caused by a breach of our Website that results in a loss of your data.

 

Prohibited Uses of the Website

You may only use the Website for lawful purposes. You agree that you will not use the Website in any manner that violates state or federal law, that impersonates another person or entity, or to use or introduce to the Website any program, method of access, or other action that interferes with the operation of the Website or the ability of others to access the Website. 

 

Use of Third-Party Sites and Services

We use third-party providers for e-commerce store services and credit card processing services (collectively, the “Third-Party Providers”).  We reserve the right to change the identities of the Third-Party Providers without notice or your consent.  By using our Website to purchase a license to use the Materials, you are agreeing to be bound by the policies of the Third-Party Providers.  By using our Website, you agree that you will indemnify, hold harmless, and defend the Company and its officers, affiliates, and assigns, from any claim based on your use or misuse of the Third-Party Providers systems and services.

 

Credit Card Policies and Access to Personal Data 

We do not retain, store, or have access to your credit card information, which you submit to a Third-Party Provider as part of the checkout process.  Our Third-Party Service Providers may retain that data as part of the purchase process. We do not have access to any credit card data you use to make payments to us.  Our Third-Party Service Providers may retain that data as part of the purchase process.

 

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) RELATING TO OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE OUR WEBSITE OR THE MATERIALS, ANY CLAIM THAT YOUR COMMUNICATIONS WITH US OR ANY CONTENT YOU PROVIDE TO US OR POST ON OUR WEBSITE, IF SUCH POSTING IS POSSIBLE, VIOLATES THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, YOUR VIOLATION OF THESE TERMS OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. WE RESERVE THE RIGHT, AT OUR OWN COST, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

 

Intellectual Property Rights

The copyright to the Materials is owned by the Company. All content included as part of the Materials, such as text, graphics, logos, images, as well as the compilation thereof, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Materials, in whole or in part. Our content is not for resale. Your use of the Materials does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use the Materials solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any of the Materials. We do not grant you any licenses, express or implied, to our intellectual property or our licensors except as expressly authorized by this Agreement.

 

The name Jebeh Cultural Consulting, LLC, and all logos are the Trademark of Jebeh Cultural Consulting, LLC. You may not use or reproduce any of our trademarks without our express permission. 

 

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic or pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting materials or telecommunication breakdown or power outage.

 

Governing Law and Jurisdiction

All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule. All disputes under this Agreement will be resolved by the courts of the State of Minnesota including the United States District Court for the District of Minnesota, and the parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available.

 

Assignment

You will not assign any of your rights or delegate any of your obligations under this Agreement without our prior written consent. We may, however, assign any and all of our rights and responsibilities as we, in our sole discretion, may choose. Any purported assignment or delegation by you in violation of this Agreement shall be null and void. No assignment or delegation relieves you of any of your obligations under this Agreement. Any assignment by us will remain subject to this Agreement.

 

No Waivers

The failure by us to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

 

Severability

If any provision of this Agreement is invalid, illegal, void or unenforceable, then that provision will be deemed severed from this Agreement and will not affect the validity or enforceability of the remaining provisions of this Agreement.

 

Entire Agreement

This Agreement, any license agreement you enter into with the Company, and our Privacy Policy will be deemed the final and integrated agreement between you and the Company on the matters contained in this Agreement.

 

Contact Information

For additional information pertaining to Jebeh Cultural Consulting, LLC or this Agreement, please contact us at: 

717 Valley Drive

Duluth, MN 55804

[email protected]