Terms of Use

Photoshop Bootcamp for Teachers

 

Please read the Terms of Use for the Program carefully and in their entirety before purchasing and using Photoshop Bootcamp for Teachers (hereinafter referred to as the “Program”). The Program and its content are owned by The Digital Media Teacher.

 

• Definitions:

 

 

“Company”, “We”, “I”, “Our”, or “Us” means The Digital Media Teacher.

 

“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.

 

“Program” means Photoshop Bootcamp for Teachers

 

“You”, “Your”, “User” or “Client” means the purchaser and person using the Program.

 

2. Consent:

By participating in the Program, you implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms of Use.

 

3. DISCLAIMER:

By participating in the Program, you understand that Amanda Umberger is a Digital Media Teacher and Coach.

 

This Program is for informational and educational purposes only. The information and education provided in this Program is not intended or implied to supplement or replace the professional advice of an attorney, accountant, Adobe representative and/or financial advisor. You should consult with a professional in those areas (financial, legal, accounting, software rep etc.) in person with someone where you live or work to discuss issues or questions pertaining to your particular legal, financial, educational or business situation. 

 

Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you.

 

4. Assumption of the Risk

You should use your best judgment in using the information provided in the Program, which is done at your own risk. It is your responsibility to discern the risk of using the Program or its content. You assume responsibility for your actions, choices, or lack thereof, related to the Program. 

 

5. Intellectual Property Ownership:

The Program and its content, including, but not limited to, Photoshop Curriculum, Student Examples, Examples made by participants, worksheets, instructions, etc. are intellectual property owned by Amanda Umberger + The Digital Media Teacher.  Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

 

Any use of the Company’s intellectual property may not be used in connection with the sale or distribution of any product, program, and/or service by you, directly or indirectly, without the prior written consent of The Digital Media Teacher.

 

Misappropriation or unauthorized use of the Company’s intellectual property and/or trade secrets may result in the enforcement of an infringement and/or intellectual property theft action against you in an effort to recover damages and/or protect our intellectual property rights. The Company reserves the right to pursue an action for misappropriation, theft, or improper use of its intellectual property by the Purchaser, the Purchaser’s representatives, assigns, contractors, employees, or acquaintances. 

6. No Sharing:

You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.

 

If you purchase the replays to the program, you may be provided with login information to the membership portal of the hosting site. You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately and no refund will be issued. 

 

7. No Claims Made Regarding Results:

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her/their circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours. 

 

We don’t make any assurances as to any particular engagement-based outcome based on the use of or participation in the Program. We are not responsible for the success or failure of your students, student decisions, student outcomes, engagement, or any other result of any kind that you may have as a result of your participation in the Program.

 

8. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:

We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way including, but not limited to, your future income, sales, potential, profitability, or losses derived as a result of your use of the Program. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law.  We are not liable for damages of any kind related to your use of the Program.

 

9. Your Release of Us, Indemnification, Hold Harmless:

 

To the fullest extent permitted by law, The Digital Media Teacher expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release The Digital Media Teacher from any and all claims.

 

By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless The Digital Media Teacher, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use. 

 

By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless The Digital Media Teacher as stated in this section herein.

 

10. Our Refund Policy:

 

 

• NO REFUNDS:

 

 

We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the downloadable nature of the Program, refunds will not be issued for the Program once it is purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Amanda Umberger at [email protected].

 

 

• NO CHARGEBACKS:

 

 

The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or to the Client’s credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the Program. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account. 

 

11.  ARBITRATION CLAUSE:

If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing Amanda Umberger at [email protected].

 

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Amanda Umberger + The Digital Media Teacher shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

 

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 25 Miles miles of Seattle, WA.

 

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Washington. The only award that can be issued to you is a refund of any payment made toThe Digital Media Teacher for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.

 

12. Limitation of Liability:

Amanda Umberger + The Digital Media Teacher are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

 

13. PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS

 

General Payment Terms: 

 

When you pay for the Program by credit card, you authorize and give permission to The Digital Media Teacher to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant Kajabi, (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours.  The Digital Media Teacher is not responsible for the merchant’s independent policies or practices.

14.   Severability 

 

The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

 

15. Entire Agreement

These Terms of Use contain the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.

16. Choice of Law + Venue

These Terms of Use shall be governed by the laws of the state of Washington. Any action brought by any party arising out of or from these Terms shall be brought within the Washington, County of King.

By purchasing and/or participating in the Program, you implicitly signify your agreement to all of the terms in these Terms of Use.

 

If you have any questions about the Terms of Use, please contact Amanda Umberger at [email protected]. Thank you.