Terms of Product Purchase and Use

Last Updated on: Monday, Dec 11, 2023

This Agreement is between You (“Purchaser”, “You”, “Your”) and Emily Foster Creative, LLC (“Company”, “We”, “Us”, “Our”) for the purpose of any digital product purchase through this website at emilyfostercreative.com or cart.emilyfostercreative.com (through Thrivecart), or any related domains or subdomains (the “Sites”).

By purchasing any Product, You agree to be bound by these Terms, without any other conditions or declarations. If at any time You do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Our Product(s) immediately.

Scope of Product Purchase Agreement

Our “Products” include but are not limited to: Showit website templates, Canva templates, presentation templates, and any other documents for paid purchase on these Sites.

Intellectual Property

All Products are the intellectual property of and are owned by Emily Foster Creative, LLC.

Age of Majority

Understand that by purchasing any Products, services or applications for which You tender payment or otherwise obtain through the Sites, You warrant that You are at least 18 years of age and are otherwise legally able to enter into a valid contract.

PURCHASE POLICIES & NO REFUNDS

ALL DIGITAL PRODUCTS ARE NON-REFUNDABLE UNDER ANY CIRCUMSTANCE UPON PURCHASE DUE TO THE IMMEDIATE NATURE OF DELIVERY OF THE DIGITAL PRODUCT(S) TO YOUR EMAIL ADDRESS AND IMMEDIATE ACCESS TO THE LANGUAGE AND INFORMATION IN THE DOCUMENT(S).

IF YOU DEFAULT ON ANY OF YOUR FINAL PAYMENTS, EMILY FOSTER CREATIVE, LLC RESERVES THE RIGHT TO REVOKE ACCESS TO THE TEMPLATE IMMEDIATELY, OR TO HAVE SHOWIT TAKE DOWN YOUR WEBSITE UNTIL TIMELY PAYMENT IS MADE.

License to Use Product(s)

So long as You comply with this Terms of Use, Emily Foster Creative, LLC grants You a ONE revocable, worldwide, non-exclusive, non-transferable license to download, view, edit, and install the Product(s) You purchase solely for Your individual use with respect to Your business clients or similar business use, and which is not to include any reproduction, copying, or any other use of the Product(s) for resale or distribution (“Permitted Use”), provided that You: (1) abide by all copyright protections afforded to the Product(s), both as formally registered with the U.S. Copyright Office and as otherwise provided by law; (2) abide by all trademark protections afforded to the Product(s), both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law; (3) do not use the Product(s) or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and (4) do not modify the Product(s) in any way beyond edits and completions necessary to complete template forms and other Product(s) consistent with Permitted Use provided by these Terms.

If you violate this license by giving or selling a copy of the Product to any third party, We reserve the right to invoice you for the licenses you have gifted to others, revoke your access to our Product permanently, and/or sue for any and all damages.

Such permission to modify Product(s) consistent with Permitted Use in no way expands the limited license provided herein, nor does grant You intellectual property ownership in, or provide a general right to modification of, the Product(s).

NO WARRANTIES

EMILY FOSTER CREATIVE, LLC’S PRODUCT(S) ARE PROVIDED “AS IS”. THE COMPANY OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY DOCUMENTS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OBTAINING MATERIALS AVAILABLE THROUGH THESE SITES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. EMILY FOSTER CREATIVE, LLC MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.

Limitation of Liability

In no event shall Company be liable under this Agreement to Purchaser or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Purchaser was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

Maximum Damages

The sole remedy for any actions or claims shall be limited to and shall not exceed the total monies paid by Purchaser for the Product(s) it purchased under this Agreement from Company.

No Guarantees

Company does not make any guarantees as to the results, including financial or other personal or business gains, of any Product(s) purchased by Purchaser.

Sales Taxes


Should any sale and/or use tax be imposed on any part of Your purchase, such tax shall be collected from You and remitted by Company. All sales tax will be included in the checkout.

Entire Agreement

This is a binding Product Purchase and Use Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.

Venue & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in Clackamas County, Oregon. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.

Arbitration

Any and all disputes or disagreements rising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Clackamas County, Oregon, unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.

Severability & No Waiver

In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.

Transfer

This Agreement cannot be transferred or assigned to any third party by the Purchaser without the consent of the Company.

View Our Privacy Policy and Terms and Conditions of Website Use on our website at emilyfostercreative.com