TERMS AND CONDITIONS
TERMS & CONDITIONS
TERMS OF PARTICIPATION
The following Terms of Use are entered into by and between You and Maria Hedian (“Company”, “we”, or “us”) as it relates to the purchase of products and/services offered online through “The Company’s website (www.mariahedian.com) and/or related online links (the “Online Products”). You and The Company may be referred to in this Agreement collectively as the “Parties” or individually as a “Party.” You expressly agree to the terms of this Agreement by purchasing one or more Online Products.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website.
TERM OF AGREEMENT
This Agreement shall apply to your purchase of one or more Online Products offered through The Company’s website and/or related online links.
ONLINE PRODUCTS USED AT YOUR OWN RISK
The Company makes no promises, representations or warranties concerning the viability of any aspirations you may identify or choose to pursue during or as a result of your purchase of one or more of its Online Products. You agree to use any one of the purchased Online Products at your own risk. You are solely responsible for any decisions and actions that result from your use of the Online Products. The Company does not provide any type of business advice.
LICENSE TO USE OUR SERVICES
We grant you an irrevocable, worldwide, perpetual right and license to forever retain and use the product you have purchased both for personal or business purposes.
USE OF FREE DOWNLOADABLE CONTENT
The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal and may not be sold or redistributed without the express written consent of the Company.
By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.
OFFER CODES
To redeem an offer code, simply enter your offer code in the text box marked "Offer Code" on the Billing page during the Checkout process.
When an offer code is accepted, it will be displayed on the Order Review page.
Important Notes: One (1) Offer Code may be used per order.
PAYMENT OPTIONS & INFORMATION
The following credit cards and payment methods are accepted for payment*
American Express
Discover
MasterCard
Visa
PayPal
Stripe
* Payment Authorization
All purchases are subject to bank authorization prior to processing. Only authorized purchases will be processed and shipped.
Payment Authorization Holds
When placing an order using a credit card or debit card, two transactions will be posted to your account.
• The issuing bank for your payment card will place a hold on the funds in your account in the amount of your purchase when an order is authorized. This action reserves the funds for the pending charge.
• You will subsequently be charged for the order which removes the funds from your account. The charge may vary from the amount of the authorization hold if items within the order are not delivered.
• If an order is cancelled, the authorization hold will be removed by the issuing bank. For details on the removal of authorization holds, please contact the issuing bank’s customer service. Because this process is specific to each bank, we regret that we cannot provide assistance with the removal of authorization holds.
FEES
In consideration of Your access to the Program, you agree to pay the following fees:
Fashion Career Blueprint®
You may choose between a single payment of $397 (due immediately) or 3 monthly payments of $146. If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following 2 payments on a monthly basis, for a total payment of $438.
Fashion Career Blueprint® VIP
You may choose between a single payment of $997 (due immediately) or 3 monthly payments of $366. If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following 2 payments on a monthly basis, for a total payment of $1,098.
For both tier options: if you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program and any bonuses, including loss of access and registration for the VIP virtual event.
In consideration of Your access to the Program, you agree to pay the following fees:
Fashion Network Society
You may choose between a single payment of $197 (due immediately) or 3 monthly payments of $74. If you select the payment plan, you must pay the initial payment on day of purchase/enrollment and then your selected payment method will be automatically charged the following (2) payments on a monthly basis, for a total payment of $222.
Fashion Network Society VIP
You may choose between a single payment of $397 (due immediately) or 3 monthly payments of $146. If you select the payment plan, you must pay the initial payment on day of purchase/enrollment and then your selected payment method will be automatically charged the following (2) payments on a monthly basis, for a total payment of $438.
For both tier options: if you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program and any bonuses, including loss of access to the private Facebook group.
REFUND POLICIES
CAREER SERVICES
www.mariahedian.com/career-services
There are no refunds available - all services are final.
DIGITAL PRODUCTS (does not include signature courses)
There are no refunds available - all digital product purchases are final.
Due to the digital nature of our products and services, we do not provide refunds after purchase or renewal.
WORKSHOPS & CHALLENGES (including, but not limited to Summer Workshops and Summer Bootcamps)
There are no refunds available - all virtual event purchases are final.
FASHION CAREER BLUEPRINT® SIGNATURE COURSE
www.fashioncareerblueprint.com
There is a 14-Day Money Back Guarantee if you can provide proof of work.
FCB Details:
Within 14 days of the 1st module being released, students must contact support ([email protected]) and request a refund by the 14th day at 12pm EST.
Students must include proof of coursework with the refund request.
Proof requirements:
>> Requirement #1. Complete and attach your personal SWOT analysis
>> Requirement #2. Complete and attach your final personal branding statement
>> Requirement #3. Complete and attach career goals for 3,6 and 12 months created using the SMART method
>> Requirement #4. Provide the list of your areas of expertise and the topics you want to focus on across specific online platforms.
>> Requirement #5. A statement of why FCB wasn't a good fit for you. What did you expect that you didn't get once inside the program?
We will NOT provide refunds for any request that comes more than 14 days after the date of Module 1 release.
After the Refund Period, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless of whether you complete the program.
Please note: If you opted for a payment plan and you do not request a refund within the Refund Period, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.
If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
Fashion Career Blueprint® - First Ten Strategy sales are final.
If you purchased Fashion Career Blueprint® as a First Ten Member (FTM) at the special discounted rate, all sales are final. Given the nature of the course layout as well as the discounted price, we cannot offer refunds to First Ten Members.
FASHION NETWORK SOCIETY SIGNATURE COURSE
www.mariahedian.com/fns
There is a 7-Day Money Back Guarantee if you can provide proof of work.
FNS Details:
Within 7 days of the 1st module being released, students must contact support
([email protected]) and request a refund by the 7th day at 12pm EST.
For the 2023 cohort, this is December 10th, 2023 at 12pm EST.
Students must include proof of coursework with the refund request.
Proof requirements:
>> Requirement #1. Complete and attach your SMART networking goals
>> Requirement #2. Complete and attach your conversation starters worksheet
>> Requirement #3. Complete and attach 2-3 pages of networking journal including research on upcoming networking opportunities, information on attendees student would want to speak with and questions to be asked
>> Requirement #4. A statement of why FNS wasn't a good fit for you. What did you expect that you didn't get once inside the program?
We will NOT provide refunds for any request that comes more than 7 days after the date of Module 1 release.
After the Refund Period, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless of whether you complete the program.
Please note: If you opted for a payment plan and you do not request a refund within the Refund Period, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.
If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members and other resources.
NO GUARANTEES AS TO RESULTS
As set forth more fully in the Disclaimer, you agree that The Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not.
The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation and 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 set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
OWNERSHIP RIGHTS AND PROPRIETARY INFORMATION
The Company and its affiliated entities own all right, title and interest (including all intellectual property rights) relating to any and all works of authorship, designs, know-how, ideas, course materials, products, services and information made by The Company (or its affiliated entities) or conceived or reduced to practice, in whole or in part, by The Company (or its affiliated entities) in connection with the Online Products and/or Services or any Proprietary Information (as defined below).
You agree that all materials provided by The Company as part of the Online Products and/or Services, which are confidential and proprietary in nature, will constitute The Company’s “Proprietary Information”.
You will personally use all materials related to the Online Products and/or Services and not duplicate, replicate, distribute, copy or otherwise disseminate such materials to third parties without the prior written consent of The Company.
INTELLECTUAL PROPERTY
You recognize and acknowledge that the trademarks, service marks, trade names, logos, patents and copyrighted materials are associated with the Online Products and/or Services. You will not take any action that would interfere with or infringe upon the Company’s Intellectual Property, including, but not limited to: (i) duplication or creation of works (including any derivative works) that are the same or substantially similar to the Company’s Intellectual Property; (ii) registration, creation or use of trademarks, service marks or domain names that are the same or substantially similar to the Company’s Intellectual Property; (iii) use, manufacture, import, or sales of any product or service that infringes upon the Company‘s Intellectual Property; (iv) use of any The Company’s Intellectual Property in any social media website, newsgroup, page, association, broadcast or other designation without the express written consent of The Company’s and (v) any action that would pass off or create the appearance of an association with or endorsement by The Company.
MODIFICATION
The Company may modify or amend any of the terms and conditions contained in this Agreement, at any time and in The Company’s sole discretion, by posting a change notice or a new version of the Agreement on the applicable link for purchase of its Online Products and/or Service or by otherwise advising you of the amendment/modification.
If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued purchase of any of The Company’s Online Products following the posting of a change notice or a new version of the Agreement or following notice of the modification/amendment will constitute your binding acceptance of the new terms and conditions.
INDEMNIFICATION
You will indemnify, hold harmless and defend The Company (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) from and against any and all claims, expenses, costs, causes of action and damages (including those for personal injury, property damage and reasonable attorneys’ fees) resulting from or arising out of your actions, your use of the purchased Online Products and/or Services or your violation of this Agreement or applicable law.
ASSIGNMENT
You may not assign this Agreement (or any obligations under this Agreement), by operation of law or otherwise, without The Company’s prior written consent.
LIMITATION OF LIABILITY
The Company (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) shall not be liable for any indirect, incidental, special or consequential damages of any nature (including but not limited to claims for personal injury, property damage, losses of revenue, profits, use or data) arising in connection with this Agreement or your use of the Online Products, even if The Company or its affiliated entities knew or should have known of the possibility of such damages.
Further, The Company’s aggregate liability arising with respect to this Agreement and the applicable Online Products and/or Services will not exceed the total amounts paid or payable by you for purchase of the Online Products and/or Services.
GOVERNING LAW
This Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without reference to rules governing choice of laws. You irrevocably and unconditionally waive, to the fullest extent permitted by law, any right you may have to participate as a representative or member of any class of claimants in any class action against The Company, or any of its affiliated entities, now or hereafter pending relating to transactions evidenced by this Agreement or similar transactions.
ARBITRATION
To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in the State of New York and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes.
The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
LEGAL AGE
By entering into this Agreement, you represent and acknowledge that you are of legal age in the state of your residency.
RELATIONSHIP OF PARTIES
You agree that by purchasing one or more of The Company’s Online Products and/or Services you are acting as an independent contractor and you are responsible for determining your own business activities. Nothing in this Agreement will create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties.
MISCELLANEOUS
If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. The Company’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of the Company’s right to subsequently enforce such provision or any other provision of this Agreement. This Agreement constitutes the entire understanding of the Parties with respect to the subject matter of this Agreement, and revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties and is intended as a final expression of their agreement.
If you have any questions regarding these Acceptance of Terms and Conditions For Online Product and/or Service Purchases, please email us: [email protected].
TERMS OF USE
Maria Hedian (also referrered as “us”, “we”, “Site”, “Website” or “the Company”) provides the content and services available on the website, www.mariahedian.com (“Site”) to you subject to the following Terms of Use, our Privacy Policy and other terms of use and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these Terms of Use (collectively, "Terms of Use").
You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. If you are under 13 years old, you may browse our Site. However, you may not provide personal information to us, make a purchase on the Site nor register on the Site. This Site is not directed to children under 13 years old.
By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE OUR SITE.
PRODUCTS AND SERVICES FOR PERSONAL USE
You may order products or services from the Site by submitting a completed order form through the check-out procedure.
We will confirm acceptance of your order by e-mail to the address you have given and the sending of this e-mail (whether or not it is received) makes the contract between us.
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms of Use.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Products and services are available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the Site. However, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.
Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
INTELLECTUAL PROPERTY
All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is our property or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by United States laws, including laws governing copyrights and trademarks.
Except as set forth in Section 5 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
LIMITED LICENSES; USE RESTRICTIONS
We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:
- Frame or utilize framing techniques to enclose the Site or any portion thereof;
- Use any meta tags, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;
- Make any use of the Site or any Content other than for personal use;
modify, reverse engineer or create any derivative works based upon the Site or any Content;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- "Stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
- Intentionally violate any applicable local, state, national or international law;
- Transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or
- Engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam."
We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page.
We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 5 without prejudice to any other remedy provided by applicable law or these Terms of Use.
YOUR OBLIGATIONS AND RESPONSIBILITIES
By accessing or using the Site or any Content, you agree that you will comply with these Terms of Use and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms of Use, if you default negligently or willfully in any of the obligations set forth in these Terms of Use, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.
THIRD PARTY LINKS
We are not responsible for the content of any third-party sites even if they are linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. Your use and access of these third-party websites is at your own risk.
We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third-party websites or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions.
You should carefully review the privacy policies and terms and conditions of the third-party websites you visit.
USER CONTENT
When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site in any manner (including, but not limited to, through the “Contact Us” form), you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.
You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms of Use, we have the right to remove any User Content that violates these Terms of Use or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms of Use or infringe the rights of others.
DELETION OF USER CONTENT
If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Site or in connection with our mobile applications, please contact us by email and include the following information in your deletion request:
- First name
- Last name
- User name/screen name (if applicable)
- Email address associated with our website and/or mobile applications
- Your reason for deleting the posting
- Date(s) of posting(s) you wish to delete (if you have it)
We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.
COPYRIGHT INFRINGEMENT NOTICES
We respect the intellectual property of others and require that users of the Site do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Site’s use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
Identification of the copyrighted work(s) that you claim has been infringed;
- A description of the material that you claim is infringing and the location of that material on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our designated agent for notifications of claimed infringement at: [email protected].
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING MARIA HEDIAN THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP BY EMAIL TO: [email protected].
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The site and its content and services are presented "as is." we make no representations or warranties of any kind whatsoever, express or implied, in connection with these site terms of use or the site or its contents or services.
You agree that we will not be responsible or liable in contact, warranty or in tort (including negligence) for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, mis delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.
Further, we will not be liable in contract, warranty, or in tort (including negligence) for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability for such claims exceed one hundred dollars ($100.00).
You agree that no claims or action in contract, warranty, or in tort (including negligence) arising out of, or related to, the use of the site or these terms of use may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you are dissatisfied with the site, termination of your use of the site is your sole remedy. We have no other obligation, liability, or responsibility to you.
INDEMNIFICATION
You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms of Use, or (ii) any part of your User Content.
You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
DISPUTES
With respect to any dispute, claim, or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms of Use shall be governed by the laws of New York, as if the Terms of Use were a contract wholly entered into and wholly performed within New York. Any dispute relating in any way to your visit to the site, these site terms of use, or the relationship between the parties (other than claims related to the intellectual property rights of Maria Hedian or our affiliates, partners or licensors or claims in equity) shall be submitted to confidential arbitration in New York and you agree to submit yourself to the jurisdiction and proceedings thereof. Arbitration means that an arbitrator(s) will decide the claim, and you will not have the right to sue in court or to have a judge or jury decide your claim.
Your rights to prehearing exchange of information and appeals may also be limited in arbitration. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision.
Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE SITE AND VIA EMAIL
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms OF Use refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at [email protected] and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms of Use, including but not limited to Section 5 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically. Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.
GENERAL
You acknowledge and agree that these Terms of Use constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site. The Effective Date of the current version of the Terms of Use is at the bottom of this page. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms of Use. We may, with or without prior notice, terminate any of the rights granted by these Terms of Use. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole but these Terms of Use shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms of Use are for convenience only and shall not be used in its interpretation.
Notification of claimed non-compliance with either the GDPR, CCPA or the LGPD should be sent via email to the designated Data Protection Officer at [email protected]
CONTACT US
We welcome your questions or comments regarding the Terms:
Maria Hedian
Last Updated: March 2023.
TERMS OF PARTICIPATION
The following Terms of Use are entered into by and between You and Maria Hedian Media (“Company”, “we”, or “us”) as it relates to the purchase of products and/services offered online through “The Company’s website (www.mariahedian.com) and/or related online links (the “Online Products”). You and The Company may be referred to in this Agreement collectively as the “Parties” or individually as a “Party.” You expressly agree to the terms of this Agreement by purchasing one or more Online Products.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website.
TERMS OF AGREEMENT
This Agreement shall apply to your purchase of one or more Online Products offered through The Company’s website and/or related online links.
ONLINE PRODUCTS USED AT YOUR OWN RISK
The Company makes no promises, representations or warranties concerning the viability of any aspirations you may identify or choose to pursue during or as a result of your purchase of one or more of its Online Products. You agree to use any one of the purchased Online Products at your own risk. You are solely responsible for any decisions and actions that result from your use of the Online Products. The Company does not provide any type of business advice.
USE OF FREE DOWNLOADABLE CONTENT
The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal and may not be sold or redistributed without the express written consent of the Company.
By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.
LICENSE TO USE OUR SERVICES
We grant you an irrevocable, worldwide, perpetual right and license to forever retain and use the product you have purchased both for personal or business purposes.
OFFER CODES
To redeem an offer code, simply enter your offer code in the text box marked "Offer Code" on the Billing page during the Checkout process.
When an offer code is accepted, it will be displayed on the Order Review page.
Important Notes: One (1) Offer Code may be used per order.
PAYMENT OPTIONS & INFORMATION
The following credit cards and payment methods are accepted for payment*
American Express
Discover
MasterCard
Visa
PayPal
Stripe
* Payment Authorization
All purchases are subject to bank authorization prior to processing. Only authorized purchases will be processed and shipped.
Payment Authorization Holds
When placing an order using a credit card or debit card, two transactions will be posted to your account.
• The issuing bank for your payment card will place a hold on the funds in your account in the amount of your purchase when an order is authorized. This action reserves the funds for the pending charge.
• You will subsequently be charged for the order which removes the funds from your account. The charge may vary from the amount of the authorization hold if items within the order are not delivered.
• If an order is cancelled, the authorization hold will be removed by the issuing bank. For details on the removal of authorization holds, please contact the issuing bank’s customer service. Because this process is specific to each bank, we regret that we cannot provide assistance with the removal of authorization holds.
FEES
In consideration of Your access to the Program, you agree to pay the following fees:
Fashion Career Blueprint®
You may choose between a single payment of $397 (due immediately) or 3 monthly payments of $146.
If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following 2 payments on a monthly basis, for a total payment of $438.
Fashion Career Blueprint® VIP
You may choose between a single payment of $997 (due immediately) or 3 monthly payments of $366.
For both tier options: If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following 2 payments on a monthly basis, for a total payment of $1,098.
If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below.
You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program and any bonuses, including loss of access and registration for the VIP virtual event.
In consideration of Your access to the Program, you agree to pay the following fees:
Fashion Network Society
You may choose between a single payment of $197 (due immediately) or 3 monthly payments of $74. If you select the payment plan, you must pay the initial payment on day of purchase/enrollment and then your selected payment method will be automatically charged the following (2) payments on a monthly basis, for a total payment of $222.
Fashion Network Society VIP
You may choose between a single payment of $397 (due immediately) or 3 monthly payments of $146. If you select the payment plan, you must pay the initial payment on day of purchase/enrollment and then your selected payment method will be automatically charged the following (2) payments on a monthly basis, for a total payment of $438.
For both tier options: if you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program and any bonuses, including loss of access to the private Facebook group.
REFUND POLICIES
CAREER SERVICES
www.services.mariahedian.com
There are no refunds available - all services are final.
DIGITAL PRODUCTS
(does not include courses)
There are no refunds available - all digital product purchases are final.
Due to the digital nature of our products and services, we do not provide refunds after purchase or services.
WORKSHOPS & CHALLENGES (including, but not limited to Summer Workshops and Summer Bootcamps)
There are no refunds available - all virtual event purchases are final.
FASHION CAREER BLUEPRINT®
SIGNATURE COURSE
www.fashioncareerblueprint.com
There is a 14-Day Money Back Guarantee if you can provide proof of work.
Details:
Within 14 days of the 1st module being released, students must contact support ([email protected]) and request a refund by the 14th day at 12pm EST.
Students must include proof of coursework with the refund request.
Proof requirements:
>> Requirement #1. Complete and attach your personal SWOT analysis
>> Requirement #2. Complete and attach your final personal branding statement
>> Requirement #3. Complete and attach career goals for 3,6 and 12 months created using the SMART method
>> Requirement #4. Provide the list of your areas of expertise and the topics you want to focus on across specific online platforms
>> Requirement #5. A statement of why FCB wasn't a good fit for you What did you expect that you didn't get once inside the program?
We will NOT provide refunds for any request that comes more than 14 days after the date of Module 1 release.
After the Refund Period, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless of whether you complete the program.
Please note: If you opted for a payment plan and you do not request a refund within the Refund Period with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.
If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
Fashion Career Blueprint® - First Ten Strategy sales are final.
If you purchased Fashion Career Blueprint® as a First Ten Member (FTM) at the special discounted rate, all sales are final.
Given the nature of the course layout as well as the discounted price, we cannot offer refunds to First Ten Members.
FASHION NETWORK SOCIETY SIGNATURE COURSE
www.mariahedian.com/fns
There is a 7-Day Money Back Guarantee if you can provide proof of work.
FNS Details:
Within 7 days of the 1st module being released, students must contact support
([email protected]) and request a refund by the 7th day at 12pm EST.
For the 2023 cohort, this is December 10th, 2023 at 12pm EST.
Students must include proof of coursework with the refund request.
Proof requirements:
>> Requirement #1. Complete and attach your SMART networking goals
>> Requirement #2. Complete and attach your conversation starters worksheet
>> Requirement #3. Complete and attach 2-3 pages of networking journal including research on upcoming networking opportunities, information on attendees student would want to speak with and questions to be asked
>> Requirement #4. A statement of why FNS wasn't a good fit for you. What did you expect that you didn't get once inside the program?
We will NOT provide refunds for any request that comes more than 7 days after the date of Module 1 release.
After the Refund Period, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless of whether you complete the program.
Please note: If you opted for a payment plan and you do not request a refund within the Refund Period, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.
If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members and other resources.
NO GUARANTEES AS TO RESULTS
As set forth more fully in the Disclaimer, you agree that The Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not.
The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation and 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 set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
OWNERSHIP RIGHTS AND PROPRIETARY INFORMATION
The Company and its affiliated entities own all right, title and interest (including all intellectual property rights) relating to any and all works of authorship, designs, know-how, ideas, course materials, products, services and information made by The Company (or its affiliated entities) or conceived or reduced to practice, in whole or in part, by The Company (or its affiliated entities) in connection with the Online Products and/or Services or any Proprietary Information (as defined below).
You agree that all materials provided by The Company as part of the Online Products and/or Services, which are confidential and proprietary in nature, will constitute The Company’s “Proprietary Information”.
You will personally use all materials related to the Online Products and/or Services and not duplicate, replicate, distribute, copy or otherwise disseminate such materials to third parties without the prior written consent of The Company.
INTELLECTUAL PROPERTY
You recognize and acknowledge that the trademarks, service marks, trade names, logos, patents and copyrighted materials are associated with the Online Products and/or Services. You will not take any action that would interfere with or infringe upon the Company’s Intellectual Property, including, but not limited to: (i) duplication or creation of works (including any derivative works) that are the same or substantially similar to the Company’s Intellectual Property; (ii) registration, creation or use of trademarks, service marks or domain names that are the same or substantially similar to the Company’s Intellectual Property; (iii) use, manufacture, import, or sales of any product or service that infringes upon the Company‘s Intellectual Property; (iv) use of any The Company’s Intellectual Property in any social media website, newsgroup, page, association, broadcast or other designation without the express written consent of The Company’s and (v) any action that would pass off or create the appearance of an association with or endorsement by The Company.
MODIFICATION
The Company may modify or amend any of the terms and conditions contained in this Agreement, at any time and in The Company’s sole discretion, by posting a change notice or a new version of the Agreement on the applicable link for purchase of its Online Products and/or Service or by otherwise advising you of the amendment/modification.
If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued purchase of any of The Company’s Online Products following the posting of a change notice or a new version of the Agreement or following notice of the modification/amendment will constitute your binding acceptance of the new terms and conditions.
INDEMNIFICATION
You will indemnify, hold harmless and defend The Company (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) from and against any and all claims, expenses, costs, causes of action and damages (including those for personal injury, property damage and reasonable attorneys’ fees) resulting from or arising out of your actions, your use of the purchased Online Products and/or Services or your violation of this Agreement or applicable law.
ASSIGNMENT
You may not assign this Agreement (or any obligations under this Agreement), by operation of law or otherwise, without The Company’s prior written consent.
LIMITATION OF LIABILITY
The Company (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) shall not be liable for any indirect, incidental, special or consequential damages of any nature (including but not limited to claims for personal injury, property damage, losses of revenue, profits, use or data) arising in connection with this Agreement or your use of the Online Products, even if The Company or its affiliated entities knew or should have known of the possibility of such damages.
Further, The Company’s aggregate liability arising with respect to this Agreement and the applicable Online Products and/or Services will not exceed the total amounts paid or payable by you for purchase of the Online Products and/or Services.
GOVERNING LAW
This Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without reference to rules governing choice of laws. You irrevocably and unconditionally waive, to the fullest extent permitted by law, any right you may have to participate as a representative or member of any class of claimants in any class action against The Company, or any of its affiliated entities, now or hereafter pending relating to transactions evidenced by this Agreement or similar transactions.
ARBITRATION
To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in the State of New York and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes.
The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
LEGAL AGE
By entering into this Agreement, you represent and acknowledge that you are of legal age in the state of your residency.
RELATIONSHIP OF PARTIES
You agree that by purchasing one or more of The Company’s Online Products and/or Services you are acting as an independent contractor and you are responsible for determining your own business activities. Nothing in this Agreement will create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties.
MISCELLANEOUS
If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. The Company’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of the Company’s right to subsequently enforce such provision or any other provision of this Agreement. This Agreement constitutes the entire understanding of the Parties with respect to the subject matter of this Agreement, and revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties and is intended as a final expression of their agreement.
If you have any questions regarding these Acceptance of Terms and Conditions For Online Product and/or Service Purchases, please email us: [email protected].
TERMS OF USE
Maria Hedian (also referrered as “us”, “we”, “Site”, “Website” or “the Company”) provides the content and services available on the website, www.mariahedian.com (“Site”) to you subject to the following Terms of Use, our Privacy Policy and other terms of use and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these Terms of Use (collectively, "Terms of Use").
You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. If you are under 13 years old, you may browse our Site. However, you may not provide personal information to us, make a purchase on the Site nor register on the Site. This Site is not directed to children under 13 years old.
By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE OUR SITE.
PRODUCTS AND SERVICES FOR PERSONAL USE
You may order products or services from the Site by submitting a completed order form through the check-out procedure.
We will confirm acceptance of your order by e-mail to the address you have given and the sending of this e-mail (whether or not it is received) makes the contract between us.
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us.
We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms of Use.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Products and services are available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
ACCURACY OF INFORMATION
We attempt to be as accurate as possible when describing our products on the Site. However, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.
Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
INTELLECTUAL PROPERTY
All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is our property or the property of our parents, subsidiaries, our affiliates, partners or licensors, and is protected by United States laws, including laws governing copyrights and trademarks.
Except as set forth in Section 5 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
LIMITED LICENSES; USE RESTRICTIONS
We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site:
- Frame or utilize framing techniques to enclose the Site or any portion thereof;
- Use any meta tags, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization;
- Make any use of the Site or any Content other than for personal use;
modify, reverse engineer or create any derivative works based upon the Site or any Content;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- "Stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
- Intentionally violate any applicable local, state, national or international law;
- Transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or
- Engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam."
We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page.
We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 5 without prejudice to any other remedy provided by applicable law or these Terms of Use.
YOUR OBLIGATIONS AND RESPONSIBILITIES
By accessing or using the Site or any Content, you agree that you will comply with these Terms of Use and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms of Use, if you default negligently or willfully in any of the obligations set forth in these Terms of Use, you shall be liable for all the losses and damages that this may cause to us, our parents, subsidiaries, affiliates, partners or licensors.
THIRD PARTY LINKS
We are not responsible for the content of any third-party sites even if they are linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. Your use and access of these third-party websites is at your own risk.
We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third-party websites or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions.
You should carefully review the privacy policies and terms and conditions of the third-party websites you visit.
USER CONTENT
When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site in any manner (including, but not limited to, through the “Contact Us” form), you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.
You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms of Use, we have the right to remove any User Content that violates these Terms of Use or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms of Use or infringe the rights of others.
DELETION OF USER CONTENT
If you wish to delete certain of your public User Content, such as your ratings and reviews posting(s), on the Site or in connection with our mobile applications, please contact us by email and include the following information in your deletion request:
- First name
- Last name
- User name/screen name (if applicable)
- Email address associated with our website and/or mobile applications
- Your reason for deleting the posting
- Date(s) of posting(s) you wish to delete (if you have it)
We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.
COPYRIGHT INFRINGEMENT NOTICES
We respect the intellectual property of others and require that users of the Site do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Site’s use privileges of users who are repeat infringers of intellectual property rights. Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
Identification of the copyrighted work(s) that you claim has been infringed;
- A description of the material that you claim is infringing and the location of that material on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our designated agent for notifications of claimed infringement at: [email protected].
NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING MARIA HEDIAN THAT COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE TEAM VIA EMAIL TO: [email protected].
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The site and its content and services are presented "as is." we make no representations or warranties of any kind whatsoever, express or implied, in connection with these site terms of use or the site or its contents or services.
You agree that we will not be responsible or liable in contact, warranty or in tort (including negligence) for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, mis delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content or (g) events beyond our reasonable control.
Further, we will not be liable in contract, warranty, or in tort (including negligence) for any indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability for such claims exceed one hundred dollars ($100.00).
You agree that no claims or action in contract, warranty, or in tort (including negligence) arising out of, or related to, the use of the site or these terms of use may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you are dissatisfied with the site, termination of your use of the site is your sole remedy. We have no other obligation, liability, or responsibility to you.
INDEMNIFICATION
You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms of Use, or (ii) any part of your User Content.
You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
DISPUTES
With respect to any dispute, claim, or controversy regarding the Site, all rights and obligations and all actions contemplated by these Terms of Use shall be governed by the laws of New York, as if the Terms of Use were a contract wholly entered into and wholly performed within New York. Any dispute relating in any way to your visit to the site, these site terms of use, or the relationship between the parties (other than claims related to the intellectual property rights of Maria Hedian or our affiliates, partners or licensors or claims in equity) shall be submitted to confidential arbitration in New York and you agree to submit yourself to the jurisdiction and proceedings thereof. Arbitration means that an arbitrator(s) will decide the claim, and you will not have the right to sue in court or to have a judge or jury decide your claim.
Your rights to pre-hearing exchange of information and appeals may also be limited in arbitration. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision.
Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE SITE AND VIA EMAIL
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms OF Use refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at [email protected] and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms of Use, including but not limited to Section 5 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically. Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.
GENERAL
You acknowledge and agree that these Terms of Use constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site. The Effective Date of the current version of the Terms of Use is at the bottom of this page. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms of Use. We may, with or without prior notice, terminate any of the rights granted by these Terms of Use. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole but these Terms of Use shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms of Use are for convenience only and shall not be used in its interpretation.
Notification of claimed non-compliance with either the GDPR, CCPA or the LGPD should be sent via email to the designated Data Protection Officer at [email protected]
CONTACT US
We welcome your questions or comments regarding the Terms:
Maria Hedian
Last Updated: March 2023.
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