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TERMS & CONDITIONS FOR ALL DOWNLOADABLE PRODUCTS

• All sales are final. Please read the item specifications carefully before purchasing. We are happy to answer any questions you have before you purchase. Click HERE to contact us.

• All orders should be delivered within five minutes via email. Please check your spam folder to ensure you have not received your order before contacting us. (We love you, but many questions have easy solutions which do not require our time). If you have a question about your order, please contact us before opening a PayPal dispute.

TERMS & CONDITIONS FOR MENTORSHIP PROGRAMS

• You may cancel your mentorship community membership at any time, however we do not provide prorated refunds. You are instead invited to remain in the group for the rest of your billing cycle, at which time we will remove you.

• To cancel your mentorship community membership, please contact us.

This is a licensing agreement (Agreement) between you (“Licensee”) and Shop Kim Sutton. This Agreement is effective when you purchase a product from this shop. This Agreement is controlled by the following terms and conditions:

INTRODUCTION

Shop Kim Sutton | Positive Productivity is an online business that designs and creates templates, planners, workbooks, guides and marketing devices for use by entrepreneurs. All of Shop Kim Sutton | Positive Productivity designs are available for download directly from Shop Kim Sutton | Positive Productivity’s website for paying customers. Shop Kim Sutton | Positive Productivity and Licensee agree that Shop Kim Sutton | Positive Productivity will provide its services to Licensee in accordance with this Agreement upon the date this Agreement becomes effective.

DEFINITIONS

  1. Template – as used in this Agreement, template(s) includes any graphic design, template, logo, branding image, email or document that is designed and created by Shop Kim Sutton | Positive Productivity and that is available for licensing or present on Shop Kim Sutton | Positive Productivity’s website.
  2. Customized Template – a template that contains characteristics requested by Licensee.
  3. Client – a person or entity who pays Licensee to provide him, her or it with Licensee’s services.

SERVICES

  1. Licensing of Templates – Shop Kim Sutton | Positive Productivity will permit Licensee to license its templates. Licensee may license Shop Kim Sutton | Positive Productivity’s templates by paying for them individually.
  2. Image Usage – All images in our templates and guides are copyrighted and the property of Shop Kim Sutton | Positive Productivity. You can not use our images in your own materials, they are placeholders for your own brand images. Claiming these images as your own would be in violation of said copyrights. The only exception to this includes the purchase of stock photos that may be used in any templates or guides.
  3. Copywriting Usage – The text included in our templates is yours to use, and our goal is to design and license products which make your life easier. However…Your community knows, likes and trusts you, the same as our community knows, likes and trusts us.  We have no doubt the text we provide will be even better if you edit it to be in YOUR voice.

LICENSING

This Agreement gives Licensee the right to use Shop Kim Sutton | Positive Productivity’s templates or customized templates as established below:

Permitted Uses

1. Effective upon this Agreement and receipt of payment from Licensee, Shop Kim Sutton | Positive Productivity grants Licensee a non-exclusive license to download, reproduce and use Shop Kim Sutton | Positive Productivity’s templates as necessary for Licensee’s personal or internal business purposes, provided Licensee complies with the terms of this Agreement, including Sections IV(B) and VI, below. Internal business purposes do not include use by a third party or any parent, subsidiary, affiliate, partner, or licensee of Licensee.

2. Downloading: Licensee may download a template from Shop Kim Sutton | Positive Productivity’s website up to three (3) times at one (1) IP address.

Restrictions on Use 

  1. Shop Kim Sutton | Positive Productivity’s templates are licensed, not sold. In signing this Agreement, Licensee receives no title to, ownership of or legal rights to any of Shop Kim Sutton | Positive Productivity’s templates, except those rights expressly granted in Section IV(A), above. Licensee agrees that Licensee will not:
  2. Modify, create derivative works from, or otherwise alter any of Shop Kim Sutton | Positive Productivity’s templates. Licensee has no right to use Shop Kim Sutton | Positive Productivity’s templates to develop a different template, even to the slightest extent.
  3. Licensee must not distribute Shop Kim Sutton | Positive Productivity’s templates to its client(s) in a way that allows the client(s) to reproduce or re-use the template.
  4. Reverse engineer, disassemble, decompile or attempt to derive any source code or base construction of Shop Kim Sutton | Positive Productivity’s templates.
  5. Download and use a template at more than one IP address, unless otherwise agreed to with Shop Kim Sutton | Positive Productivity in writing.

DELIVERY AND ACCEPTANCE

Once Licensee signs this Agreement by clicking “Agree” at the bottom of this form, Licensee will be entitled to download templates for which Licensee has paid in accordance with Section VI, below. By making the templates available for download from its website, Shop Kim Sutton | Positive Productivity satisfies its responsibility to deliver its templates to Licensee. By downloading the templates, Licensee accepts full delivery of the templates by Shop Kim Sutton | Positive Productivity.

PAYMENT METHODS

  1. Per Template – Licensee may pay for individual templates. Payment for the template is due in full at the time of this Agreement.
  2. No Refund – Licensee is not entitled to a refund of any kind once template has been purchased and downloaded.

AGREEMENT MODIFICATIONS

Shop Kim Sutton | Positive Productivity reserves the right to change or amend this Agreement. In such an event, Shop Kim Sutton | Positive Productivity will notify Licensee of the modified Agreement.

WARRANTIES

  1. Download – Shop Kim Sutton | Positive Productivity warrants that Licensee will be able to download its templates from Shop Kim Sutton | Positive Productivity’s website.
  2. Ownership – Shop Kim Sutton | Positive Productivity warrants that it is the owner of the templates offered for licensing on its website. It has full power and authority to license its templates. Licensee warrants that no third party has ownership rights to any materials Licensee requests for use in a customized template.
  3. Disclaimer – Except as provided in this Agreement, Shop Kim Sutton | Positive Productivity makes no warranties, whether express or implied, of merchantability, usefulness or fitness for a particular purpose of its templates. Shop Kim Sutton | Positive Productivity does not warrant that its templates will function without interruption or in accordance with Licensee’s intentions.
  4. Limitation of Liability – Besides as otherwise authorized in this Agreement, Licensee agrees to hold Shop Kim Sutton | Positive Productivity harmless in any cause for damages, negligence, strict liability or tort, even if such damages were foreseeable. Nothing in this Agreement shall create additional liabilities, remedies or causes of action against Shop Kim Sutton | Positive Productivity. Shop Kim Sutton | Positive Productivity shall not be held liable for any claims by third parties against Licensee. Shop Kim Sutton | Positive Productivity shall not be held liable for any claims by third parties based on any material requested by Licensee for use in a customized template.

MISCELLANEOUS

  1. Choice of Law – Any claim brought against Shop Kim Sutton | Positive Productivity or Licensee under or pertaining to this Agreement shall be governed by Ohio law.
  2. Entire Agreement – This Agreement constitutes the entire Agreement between the Parties. No other communications or prior writings shall have any bearing on this enforceability of this Agreement.
  3. Severability – The Parties agree to waive any provision of this Agreement that would render this agreement invalid or unenforceable. If a provision is determined to be invalid, it will be enforced to the extent permissible under the law.
  4. Indemnity – Except where Licensee has breached this Agreement, Shop Kim Sutton | Positive Productivity will indemnify Licensee, including any of Licensee’s employees, shareholders, insurers, agents or officers, against any third-party claim, suit or proceeding against Licensee or the above-mentioned parties, for infringement of a patent, copyright or other intellectual property by one of Shop Kim Sutton | Positive Productivity’s templates, upon prompt notice by Licensee to Shop Kim Sutton | Positive Productivity.

In such an event, Shop Kim Sutton | Positive Productivity will control the defense of its template. Licensee agrees to indemnify Shop Kim Sutton | Positive Productivity, its employees, shareholders, insurers, agents or officers, against any third-party claim, suit or proceeding against Shop Kim Sutton | Positive Productivity for infringement of a patent, copyright, other intellectual property or any other rights of the third party based on any actions of Licensee or based on any material in a customized template that was requested by Licensee. 

EFFECTIVE

This Agreement will become effective when Licensee completes checkout in this shop. At that time, Licensee will be obligated to abide by the aforementioned terms and conditions of this Agreement.

Listen to the Podcast

Tune in to the Positive Productivity podcast as Kim Sutton and guests share what really goes on in the life of an entrepreneur. Kim and guests also share actionable tips for setting up the systems and support you need to get the self care you deserve.

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