Terms of Sale

Last modified: [September 1, 2020]

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS SITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH CREATIVE RESOURCE COLLECTIVE, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS SITE'S CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these "Terms of Sale") apply to the purchase and sale of products and services through creativeresourcecollective.com or drewdoggett.courses (individually or collectively, and whether in browser based or mobile format, the "Site"). These Terms of Sale are subject to change by Creative Resource Collective, LLC (referred to as “CRC,” "us," "we," or "our" as applicable) without prior written notice at any time, in our sole discretion. The latest version of these Terms of Sale will be posted on this Site, and you should review these Terms of Sale before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms of Sale will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section ‎7).

1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between CRC and you will not take place unless and until you have received your order confirmation email. Any services that you purchase pursuant to these Terms of Sale and for which you receive an order confirmation specifying the services purchased are referred to herein as the “Services.” Any products that you purchase pursuant to these Terms of Sale and for which you receive an order confirmation specifying the products purchased are referred to herein as the “Products.” Certain Products may be provided as part of a package price with certain Services (e.g., a workbook or coursebook), and these Terms of Sale shall apply with equal force to all such Products that are “included” in the price of any Services or provided without additional charge.

2. Prices and Payment Terms.
(a) All prices posted on this Site are subject to change without notice. The price charged for a Product or Service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling fees for products shipped outside the continental United States. All such taxes and charges will be added to your total and will be itemized in your shopping cart and in your order confirmation email. 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.
(b) Terms of payment are within our sole discretion, and we may, but shall not be required to, offer a payment plan to some customers. Unless we offer you a payment plan in writing (including the details of such plan), payment must be received by us before our acceptance of an order. We accept credit cards or checks for all purchases. 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. If we provide an invoice or other writing memorializing the payment due in connection with your order of Services and/or Products, these Terms of Sale shall apply to any such invoice or other writing and to the order and purchase of such Services and Products.

3. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the Products to you. You will pay all shipping and handling charges specified during the ordering process.
(b) Title and risk of loss pass to you upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
  



4. Returns and Refunds. Payments for Services comprising individual meetings, tutelage, consulting, course book, or mentorship are non-refundable. You may request a refund for Services comprising group courses (“Course”), and the decision whether or not to issue a refund shall be at our sole discretion. 

To request a refund, you must e-mail studio@creativeresourcecollective.com and include your name, e-mail address, the name of the Services at issue, and a detailed description of your participation in the course or other Services for which you are requesting a refund. You will not be eligible for a refund following the tenth (10th) day after you receive access to the Services at issue or after you have completed substantially all of modules one (1) through three (3) of a particular course. You shall only be eligible for a refund if you can demonstrate your good faith effort to participate in, engage with, and commit to learning from the Services, including completion of all work activities and exercises assigned as part of the Services at issue through the date that you request such refund. If you received a coursebook, workbook, or other written materials or Product in connection with any Services for which you request a refund, you shall be required to return such coursebook, workbook, or other written materials or Product to us, at your sole expense. 

If you request a refund, we reserve the right to terminate your access to the Services effective immediately upon our receipt of your request for a refund. If a refund is approved, you agree that you shall immediately delete, uninstall, or otherwise remove all digital content comprising or related to the Services from your computer systems, possession, and control, and, upon CRC’s request, you shall certify in writing that you have deleted all such content.

Please note: If you opted for a payment plan, the same Terms of Returns and Refunds applies. If you do not request a refund within 10 days after you receive access to the Services, you are required by law to complete the remaining payments of your payment plan. 

5. NO WARRANTY; DISCLAIMERS; LIMITATION OF LIABILITY.

(a) THE INFORMATION PROVIDED THROUGH OR IN THE SERVICES AND PRODUCTS IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION AND EDUCATIONAL PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK.

(b) WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS, OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SERVICES OR PRODUCTS OR ANY CONTENT OF THE SERVICES OR PRODUCTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED (INCLUDING, BUT NOT LIMITED TO, WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING), STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, AND NON-INFRINGEMENT, WITH REGARD ANY PRODUCT OR SERVICE YOU ORDER OR PURCHASE FROM US. THE SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.

(c) FOR THE AVOIDANCE OF DOUBT, CRC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOU WILL ACHIEVE ANY PARTICULAR RESULT OR OBTAIN ANY AUDIENCE, PUBLICITY, OR REVENUE AS A RESULT OF ORDERING OR PURCHASING ANY OF OUR SERVICES OR PRODUCTS OR AS A RESULT OF USING OR VIEWING ANY OF THE SERVICES, PRODUCTS, OR OTHER IDEAS, TOOLS, STRATEGIES, ADVICE, OR RECOMMENDATIONS PROVIDED IN CONNECTION WITH ANY SUCH SERVICES OR PRODUCTS. ALL STATEMENTS MADE BY US IN CONNECTION WITH THE SERVICES OR IN ANY PRODUCTS ARE SIMPLY OUR OPINION AND NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE. THE INFORMATION PROVIDED BY CRC (WHETHER IN CONNECTION WITH SERVICES OR A PRODUCT OR OTHERWISE) SHOULD NEVER BE CONSIDERED LEGAL, FINANCIAL, OR HEALTH ADVICE OR COUNSEL. YOU SHOULD CONSULT WITH A LICENSED ATTORNEY, FINANCIAL ADVISOR, ACCOUNTANT, OR HEALTHCARE PRACTITIONER, AS APPLICABLE, IN CONNECTION WITH ANY MATTER THAT MAY IMPACT YOUR LEGAL RIGHTS, FINANCIAL OR TAX POSITION OR LIABILITY, OR MENTAL OR PHYSICAL HEALTH. UNLESS EXPLICITLY STATED IN WRITING ACKNOWLEDGED BY US, NONE OF THE INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES OR IN ANY PRODUCT IS PERSONALIZED TO YOUR PARTICULAR CIRCUMSTANCES.

(d) SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
(e) TESTIMONIALS, ENDORSEMENTS, AND COMMENTS BY OUR CUSTOMERS OR AUDIENCE REGARDING OUR SERVICES AND PRODUCTS, OR THE RESULTS OBTAINED BY ANY SUCH CUSTOMER OR AUDIENCE MEMBER, ARE MERELY THE OPINION OF THE INDIVIDUAL PROVIDING SUCH TESTIMONIAL, ENDORSEMENT, OR COMMENT. THE RESULTS EXPERIENCED BY INDIVIDUALS RECEIVING OR USING THE SERVICES OR PRODUCTS MAY VARY SIGNIFICANTLY.

(f) IF YOU DOWNLOAD ANY SOFTWARE PROGRAM, MATERIAL, OR CONTENT FROM THE INTERNET IN ORDER TO RECEIVE OR UTILIZE THE SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH SOFTWARE PROGRAM, MATERIAL, OR CONTENT. YOU ARE SOLELY RESPONSIBLE FOR PROVIDING THE TECHNOLOGY RESOUCES NECESSARY TO OBTAIN, VIEW, PLAY, OR OTHERWISE PARTICIPATE IN THE SERVICES. CRC SHALL NOT BE RESPONSIBLE FOR ANY INABILITY TO ACCESS THE SERVICES AS A RESULT OF YOUR USE OF SUCH IMPROPER OR INCOMPATIBLE TECHNOLOGY.

(g) YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL IN CONNECTION WITH THE DELIVERY OF THE SERVICES THROUGH THE SITE OR BY ANY OTHER MEANS.

(h) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE DISCLAIMERS INCLUDED IN THESE TERMS OF SALE ALSO APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER CRC NOR ITS LICENSORS, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH CRC IS TO DISCONTINUE YOUR USE OF THE SITE, SERVICES, AND PRODUCTS.

(i) IF YOU HAVE A DISPUTE WITH US, YOU RELEASE US (AND OUR OWNERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.

(j) LIMITATION OF LIABILITY.

(i) IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF (I) YOUR CONDUCT OR THAT OF ANYONE ELSE IN CONNECTION WITH USE OF THE SERVICES OR PRODUCTS; (II) INABILITY TO ACCESS THE SERVICES, THE PRODUCTS OR ANY RELATED CONTENT THROUGH THE SITE; (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE; (V) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (VI) ANY TERMINATION OR CANCELLATION OF YOUR RIGHT TO ACCESS OR USE THE SITE OR THE SERVICES; (VII) ANY PRODUCTS OR SERVICES, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; OR (VII) THE SITE OR ANY OTHER MATTER RELATING TO THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(ii) IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE ACCESSING THE SITE, CEASE USING THE SERVICES AND RELATED PRODUCTS, AND TO REQUEST A REFUND PURSUANT TO SECTION ‎4. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT SERVICE SO PRODUCTS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).

6. Intellectual Property Use and Ownership.
You acknowledge and agree that, with respect to all Services sold or provided by CRC, no license is granted (whether expressly, by implication, or otherwise) under these Terms of Sale or by any other method other than the limited license expressly stated herein. The terms of the section of our Terms of Use entitled “Proprietary Rights” are hereby incorporated by reference as though set forth in full herein.
(a) All uses on this Site of the terms "sell," "sale," "resell," "resale," "purchase," "price," and the like, when used in connection with Services, mean the purchase or sale of a limited license. Each Service marketed on the Site is made available solely for license, not sale, to you and other prospective customers.
(b) You will not cause, induce, or permit others' noncompliance with these Terms of Sale or this limited license.
(c) CRC and its licensors are and will remain the sole and exclusive owners of all intellectual property rights in and to each Product and Service made available on this Site and any related specifications, instructions, documentation, or other materials, including, but not limited to, all related copyrights, patents, trademarks, and other intellectual property rights, subject only to the limited license granted hereunder. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Services made available through this Site, or of any intellectual property rights relating to those Services.
(d) License Grant and Scope. Subject to and conditioned upon strict compliance with all terms and conditions set forth in these Terms of Sale and our Terms of Use, CRC hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use the Site and the Services enumerated in any order confirmation or invoice from us, subject to all conditions and limitations set forth elsewhere in this Section ‎6, and solely for the term specified in such order confirmation. This limited license grants you the right to view and use the applicable Services and Product solely for your own viewing and use and solely for your own personal or internal business purposes.
(e) Use Restrictions. You shall not, directly or indirectly:
(i) use (including make any copies of) the applicable Services or Products beyond the scope of the limited license granted under this Section ‎6;
(ii) save digital copies of the Services or Products to your personal computer system or any digital cloud or other server other than for the limited purpose of allowing you to access and use the Services in compliance with these Terms of Sale and our Terms of Use;
(iii) provide any other individual or entity, including any subcontractor, independent contractor, affiliate, or service provider, with access to or use of the Services or Products, and, if you are provided with a user name, password, or other method of accessing the Services, you shall maintain the confidentiality of such method of accessing the Services and shall not share it with any other individual or entity;
(iv) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services, Products, or any part thereof;
(v) combine the Services or Products or any part thereof with, or incorporate the Services or Products or any part thereof in, any other programs, course, or other material;
(vi) copy the Services or Products, in whole or in part;
(vii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or Products to any other individual or entity for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time sharing, service bureau, software as a service, cloud, or other technology or service;
(viii) take photographs or video recordings or make photocopies or other electronic reproductions of any aspect or element of the Services or Product (including, without limitation, any workbook or coursebook provided to you) or post any such photograph ,video, or other reproduction without our prior written consent;
(ix) keep or maintain access to any Services or Product after your limited license has expired (whether pursuant to the term stated in an order confirmation or invoice or due to our earlier termination of your limited license); or
(x) use the Services or Product in violation of any law, regulation, or rule.
(f) Term and Termination. The limited license granted hereunder shall remain in effect for the term set forth on the applicable order confirmation or invoice or until earlier terminated as set forth herein (the "Term").
(i) We may terminate your limited license, effective immediately upon notice to you, if you or any of your employees or agents, breach this Agreement.
(ii) At the conclusion of the Term, or if this limited license is sooner terminated, we may remotely terminate your ability to use and view the Services.

7. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, (found at PRIVATE POLICY), governs the processing of all personal data collected from you in connection with your purchase of Products or Services through the Site.

8. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale caused by or arising out of any event, act, occurrence, or circumstance beyond CRC’s reasonable control, including, without limitation, the laws, regulations, or orders of any governmental, regulatory, or judicial authority, war, civil commotion, destruction of facilities or materials, fire, flood, earthquake, storm (or other act of God), labor disturbances, riots, protests, heath epidemics and pandemics (whether or not declared by any governmental authority), shortage of material, or failure of public utilities or common carriers.

9. Governing Law and Jurisdiction. These Terms of Sale shall be governed by and construed in accordance with the laws of the State of South Carolina without regard to choice of law principles. You consent to the sole and exclusive venue and jurisdiction of the federal and state courts situated in or having jurisdiction over Charleston, South Carolina. Any case, controversy, action, or dispute relating in any way to these Terms of Sale or your use of the Products or Services shall be subject to the exclusive jurisdiction of the state or federal courts located in Charleston, South Carolina. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Sale.

10. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section ‎10 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.

11. No Waivers. The failure by us to enforce any right or provision of these Terms of Sale 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 CRC.

12. No Third Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

13. Notices.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us at production@creativeresourcecollective.com.

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

15. Entire Agreement. Our order confirmation, these Terms of Sale, our Website Terms of Use, our Privacy Policy, and any invoice delivered to you in connection with the sale of any Products or Services will be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Sale.