Terms - Chanti Zak Templates
TERMS OF USE
The following Terms and Conditions are entered into by and between You (“Client” or “You”) and Chanti Zak Marketing Inc. (“Company”, “we”, or “us”).
Templates
The Company agrees to provide you with access to the templates entitled, “Lazy Launch Templates” and/or "Quiz Result Design Templates" (“Templates”). As a condition of purchasing in the Templates, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
Terms of Use, Privacy Policy, & Disclaimer
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your purchase of the Templates. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.
Nature of The Relationship
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Templates, which provides education and information. The information contained in the Templates, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
Fees
In consideration of Your access to the Templates, you agree to pay the following fees. A single payment (due immediately) with no possibility of a refund.
Refund Policy
The Company provides no refund policy for these Templates due to the nature of the content. By purchasing these templates you agree to pay the full fee and receive access to the materials.
The Templates
As part of the Templates, the Company shall provide the following to You. It is the responsibility of “Client” to make your own copy of these Templates upon immediate delivery of the link at the time of purchase.
Access To the Template – You shall have access to the links providing the Templates for as long as they exist. In the event that you require additional access to the Templates you can email [email protected]. If the company intends to remove online access to the Templates, the company can do so at its discretion.
Ownership Of All Intellectual Property
All content included as part of the Templates, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Templates, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Templates are the trademarks of their respective owners.
Your purchase of the Templates does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Templates, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Templates content and resources that you can modify, publish, transmit, and reverse engineer. You will not participate in the transfer or sale, or in any way exploit any of the content, in whole or in part, found in the Templates.
The Company content is not for resale. Your purchase of the Templates 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 protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder.
Confidentiality
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement.
Similarly, the content of the Templates contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Templates with anyone other than the Company, it’s owners and employees.
Personal Responsibility
By purchasing the Templates, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Templates or not. The Company provides educational and informational resources that are intended to help You succeed. 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 of the Company or otherwise - applying the principles included in the Templates are no guarantee that you or any other person or entity will be able to obtain similar results.
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 in the Templates. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Templates.
No Warranties
The Company makes no warranties regarding the performance or operation of the Templates, including any technological aspects of the Templates. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Templates and/or any information and resources contained in the Templates. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Templates.
The information, software, products, and service included or available through the Templates may include inaccuracies or typographical errors. Changes are periodically added to the information in the Templates. The Company and/or its suppliers may make improvements and/or changes in the Templates at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Templates for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Templates, with the delay or inability to use the Templates or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Templates, or otherwise arising out of the use of the Templates, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Templates or any portion of it, your sole and exclusive remedy is to discontinue using the Templates.
Dispute Resolution
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Templates. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Burton, British Columbia.
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 the Templates and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its 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 the Company in asserting any available defenses.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Templates and the related services or any portion thereof at any time, if You become disruptive to the Company or other Templates participants, if You fail to follow the Templates guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
Entire Agreement
This Agreement, along with the Company’s Terms of Use, Privacy Policy, and Disclaimer, constitutes the entire agreement between You and the Company with respect to the Templates, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Templates. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Waiver
No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Force Majeure
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Effective Date: Jan 1, 2024
This Agreement shall commence and be enforceable with respect to each Templates purchased upon the date that the participant initially purchases the Templates.
