This Agreement (“Agreement”) is made effective by and between Bette Dickinson LLC  (the “Company”), and purchaser of the digital product (hereafter “Client”), for the purpose of Client purchasing a digital display and print license from Company’s online shop (the “Product”). Client agrees to the terms and conditions below by checking the box in the online shopping cart checkout or by submitting payment for the Product.

1. Product Usage 
The Product is for personal or ministry use only with the size audience of purchase. You agree not to copy, reproduce, redistribute, alter, modify, share with third-party, display the content publicly, or create derivative works of the Product.

After purchasing the product, Client will be given access to the product materials immediately through a download delivered in his/her email. Client will have one time use access to the materials so long as the product(s) is/are available.

Company hereby grants to Client one (1) non-exclusive, non-sublicensable, non-transferable, license to use the Product. Client understands and agrees that the Product materials may not be shared with any third party. In the event Company suspects that the Product is being shared with another party, Company reserves the right to immediately terminate Client’s access to the Product.

Client may use the Product for digital or print use only within the setting of a ministry or church setting. Client may not modify the Product in any way. Client is obligated to tag or give credit to Company for the copy in the Product he/she uses, posts, or shares. 

2. Fees & Payment Processing 
In consideration for access to the Product provided by Company, Client agrees to compensate Company the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, Client shall provide a new eligible payment method before receiving access to the Product. In the event Client has already been given access to the Product and a payment method is declined, Company reserves the right to collect any and all outstanding receivables.

3. Refund Policy 
Due to the nature of digital products being immediately accessible upon purchasing, no refunds of any fees or other amounts paid by Client in connection with the Product will be allowed under any circumstances.

4. Personal Information
By purchasing the Product, Client will be asked to provide personal information including his/her name, email address, mailing and billing address. Client agrees to allow Company access to this personal information for all lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information.

The billing information provided to Company by Client will be kept secure and is subject to the same confidentiality and accuracy requirements as Client’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.

5. Limited Warranty
The Company warrants that he has the lawful right to grant this license to Client, but makes no representation or warranty that the Works will not infringe on any patent, copyright, trademark or other proprietary right.

6. Warranties and Liability 
Company makes every effort to ensure that the Product is accurate and fit for the use of Company’s customers. However, Company takes no responsibility whatsoever for the suitability of the Product, and Company provides no warranties as to the function or use of the Product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. Client agrees to indemnify Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Client’s breach of these terms and conditions. Company shall not be liable to Client or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages. 

7. Force Majeure
If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.

8. Guarantees 
Company does not make any guarantees as to the results, including financial or other personal gains, of Client’s use of the Product. Client agrees to take responsibility for Client’s own results with regard to using the Product.

9. Release & Reasonable Expectations 
Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s Product will produce different outcomes and results for each Client. Client understands and agrees that: 

●       Every client and final result using the Product is different;

●       The Product is intended for a mass audience.

 
10. Venue and Jurisdiction
The laws of the State of Michigan shall govern this contract, and any resulting arbitration shall take place within Grand Traverse County, Michigan. Both parties assume responsibility for all collection costs and legal fees incurred should enforcement of this Agreement become necessary. 

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

12. Transfer 
This agreement cannot be transferred or assigned to any third party without written consent of both parties.

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

14. Indemnification.
Client will indemnify, hold harmless and defend the Company from and against any and all liability, claims, suits, losses, damages, costs, fees and expenses resulting from or arising out of exercise of this Agreement.

15. Assignability.
This Agreement is binding upon and inure to the benefit of Client, his or her successors and assignees. This agreement is personal to the Company and is not assignable by Client without prior written permission of the Company.

16. Notices.
Any notice required or permitted to be given under this Agreement must be in writing and may be delivered in person, by email, or by overnight courier, addressed to the respective party at the address set forth in the introduction of this Agreement or a changed address as may be given by a party to the other by written notice. Any notice will be considered to have been given when personally delivered or five business days after the date of mailing or one business day after the date of forwarding if sent by email or overnight courier.

17. Binding Agreement; Successors.
This Agreement will be binding on, inure to the benefit of, and be enforceable by the successors and assigns of the parties, subject to the terms and limitations of Paragraph 10.

18. Cost of Enforcement.
Each party shall pay all costs and expenses, including reasonable attorney fees, incurred by the other party in enforcing the provisions of this Agreement or in recovering any claims or damages arising from a breach of this Agreement if the other party is successful in its action.

19. Waiver.
The failure of either party to require the performance of any term or obligation of this Agreement, or the waiver by either party of any breach of this Agreement, shall not prevent any subsequent enforcement of any term or obligation or be deemed a waiver of any subsequent breach.

20. Severability.
If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of competent jurisdiction finds that any provision is invalid and unenforceable as written, that provision will be deemed modified in a manner consistent with the intent of the original provision, so as to make it valid and enforceable. This Agreement, and the application of the provision to persons or circumstances other than those with respect to which it would be invalid or unenforceable, shall not be affected.

21. Entire Agreement.
This Agreement constitutes the entire agreement and understanding between the parties and supersedes all other agreements and understandings, both written and oral, of the parties relating to the subject matter of this Agreement.